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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 899 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``21st Century 
Justice Act of 1999''.
    (b) Table of Contents.--The table of contents for 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.
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.
               Chapsubchapter a--international crimetion
                  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.
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. Discrsubchapter b--international drug controlceeds.
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.subchapter c--foreign military counter-drug support
Secsubchapter d--additional funding for source and interdiction zone 
                               countries
Sec. 2131. Source zone countries.
Sec. 2132. Central America.
                  Chsubchapter a--criminal offenderst
Sec. 2201. Drug offenses committed in the presence of children.
Sec. 2202. Border defense.
Sec. 22subchapter b--powder cocaine mandatory minimum sentencing
Sec. 2211. Sentencinsubchapter c--drug-free bordersine powder.
Sec. 2221. Increased number of border patrol agents.
Sec. 2222. Enhanced border patrol pursuit policy.
           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. Innovativsubchapter b--drug-free familiesnd students.
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 subchapter a--border activitiesEnforcement Agencies
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. Passesubchapter b--united states coast guard
Sec. 2311. Adsubchapter c--drug enforcement administratione.
Sec. 2321. Additional funding for counternarcotics and information 
                subchapter d--department of the treasury
Sec. 2331. Additiosubchapter e--department of defenseation support.
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.
            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.
             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.
                     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.
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 
      subchapter b--strengthening services to victims of violence
Sec. 5211. Shelters for battered women and children.
Sec. 5212. National domestic violence hotline.
Sec. 52subchapter c--limiting the effects of violence on children
Sec. 5214. Reauthorization of runaway and homeless youth grants.
Ssubchapter 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.
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.
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.
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.
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.
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.

SEC. 2. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

           TITLE I--NEW MILLENNIUM LAW ENFORCEMENT ASSISTANCE

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``New Millennium Law Enforcement 
Assistance Act''.

             Subtitle A--Local Law Enforcement Block Grants

SEC. 1101. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This subtitle may be cited as the ``Local 
Government Law Enforcement Block Grant Act of 1999''.
    (b) Definitions.--In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance of the Department of Justice.
            (2) Juvenile.--The term ``juvenile'' means an individual 
        who is 17 years of age or younger.
            (3) Law enforcement expenditures.--The term ``law 
        enforcement expenditures'' means the current operation 
        expenditures associated with police, prosecutorial, legal, and 
        judicial services, and corrections as reported to the Bureau of 
        the Census.
            (4) Part 1 violent crimes.--The term ``part 1 violent 
        crimes'' means murder and nonnegligent manslaughter, forcible 
        rape, robbery, and aggravated assault as reported to the 
        Federal Bureau of Investigation for purposes of the Uniform 
        Crime Reports.
            (5) Payment period.--The term ``payment period'' means each 
        1-year period beginning on October 1 of any year in which a 
        grant under this subtitle is awarded.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 1105(a), 33 percent of the 
        amounts allocated shall be allocated to American Samoa, 50 
        percent to Guam, and 17 percent to the Northern Mariana 
        Islands.
            (7) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                general purpose unit of local government, as determined 
                by the Secretary of Commerce for general statistical 
                purposes, including a parish sheriff in the State of 
                Louisiana at the parish level;
                    (B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaska Native 
                village that carries out substantial governmental 
                duties and powers; and
                    (C) the Commonwealth of Puerto Rico, in addition to 
                being considered a State, for the purposes set forth in 
                section 1102(a)(2).

SEC. 1102. PAYMENTS TO LOCAL GOVERNMENTS.

    (a) Payment and Use.--
            (1) Payment.--The Director shall pay to each unit of local 
        government that qualifies for a payment under this subtitle an 
        amount equal to the sum of any amounts allocated to such unit 
        under this subtitle for each payment period. The Director shall 
        pay such amount from amounts appropriated to carry out this 
        subtitle.
            (2) Use.--Amounts paid to a unit of local government under 
        this section shall be used by the unit for reducing crime and 
        improving public safety, including but not limited to, 1 or 
        more of the following purposes:
                    (A)(i) Hiring, training, and employing on a 
                continuing basis new, additional law enforcement 
                officers and necessary support personnel.
                    (ii) Paying overtime to presently employed law 
                enforcement officers and necessary support personnel 
                for the purpose of increasing the number of hours 
                worked by such personnel.
                    (iii) Procuring equipment, technology, and other 
                material directly related to basic law enforcement 
                functions.
                    (B) Enhancing security measures--
                            (i) in and around schools; and
                            (ii) in and around any other facility or 
                        location that is considered by the unit of 
                        local government to have a special risk for 
                        incidents of crime.
                    (C) Establishing crime prevention programs that 
                may, though not exclusively, involve law enforcement 
                officials and that are intended to discourage, disrupt, 
                or interfere with the commission of criminal activity, 
                including neighborhood watch and citizen patrol 
                programs, sexual assault and domestic violence 
                programs, and programs intended to prevent juvenile 
                crime.
                    (D) Establishing or supporting drug courts.
                    (E) Establishing early intervention and prevention 
                programs for juveniles to reduce or eliminate crime.
                    (F) Enhancing the adjudication process of cases 
                involving violent offenders, including the adjudication 
                process of cases involving violent juvenile offenders.
                    (G) Enhancing programs under subpart 1 of part E of 
                the Omnibus Crime Control and Safe Streets Act of 1968.
                    (H) Establishing cooperative task forces between 
                adjoining units of local government to work 
                cooperatively to prevent and combat criminal activity, 
                particularly criminal activity that is exacerbated by 
                drug or gang-related involvement.
                    (I) Establishing a multijurisdictional task force, 
                particularly in rural areas, composed of law 
                enforcement officials representing units of local 
                government, that works with Federal law enforcement 
                officials to prevent and control crime.
                    (J) Establishing or supporting programs designed to 
                collect, record, retain, and disseminate information 
                useful in the identification, prosecution, and 
                sentencing of offenders, such as criminal history 
                information, fingerprints, DNA tests, and ballistics 
                tests.
            (3) Definitions.--In this subsection--
                    (A) the term ``drug courts'' means a program that 
                involves--
                            (i) continuing judicial supervision over 
                        offenders with substance abuse problems who are 
                        not violent offenders; and
                            (ii) the integrated administration of other 
                        sanctions and services, which shall include--
                                    (I) mandatory periodic testing for 
                                the use of controlled substances or 
                                other addictive substances during any 
                                period of supervised release or 
                                probation for each participant;
                                    (II) substance abuse treatment for 
                                each participant;
                                    (III) probation, or other 
                                supervised release involving the 
                                possibility of prosecution, 
                                confinement, or incarceration based on 
                                noncompliance with program requirements 
                                or failure to show satisfactory 
                                progress; and
                                    (IV) programmatic, offender 
                                management, and aftercare services such 
                                as relapse prevention, vocational job 
                                training, job placement, and housing 
                                placement; and
                    (B) the term ``violent offender'' means a person 
                charged with committing a part I violent crime.
    (b) Prohibited Uses.--Notwithstanding any other provision of this 
subtitle, a unit of local government may not expend any of the funds 
provided under this subtitle to purchase, lease, rent, or otherwise 
acquire--
            (1) tanks or armored personnel carriers;
            (2) fixed wing aircraft;
            (3) limousines;
            (4) real estate;
            (5) yachts;
            (6) consultants; or
            (7) vehicles not primarily used for law enforcement;
unless the Attorney General certifies that extraordinary and exigent 
circumstances exist that make the use of funds for such purposes 
essential to the maintenance of public safety and good order in such 
unit of local government. With regard to paragraph (2), such 
circumstances shall be deemed to exist with respect to a unit of local 
government in a rural State, as defined in section 1501 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb), upon 
certification by the chief law enforcement officer of the unit of local 
government that the unit of local government is experiencing an 
increase in production or cultivation of a controlled substance or 
listed chemical (as defined in section 102 of the Controlled Substances 
Act), and that the fixed wing aircraft will be used in the detection, 
disruption, or abatement of such production or cultivation.
    (c) Timing of Payments.--The Director shall pay each unit of local 
government that has submitted an application under this subtitle not 
later than the later of--
            (1) 90 days after the date on which that the amount is 
        available; or
            (2) the first day of the payment period if the unit of 
        local government has provided the Director with the assurances 
        required by section 1104(c).
    (d) Adjustments.--
            (1) In general.--Subject to paragraph (2), the Director 
        shall adjust a payment under this subtitle to a unit of local 
        government to the extent that a prior payment to the unit of 
        local government was more or less than the amount required to 
        be paid.
            (2) Considerations.--The Director may increase or decrease 
        under this subsection a payment to a unit of local government 
        only if the Director determines the need for the increase or 
        decrease, or if the unit requests the increase or decrease, not 
        later than 1 year after the end of the payment period for which 
        a payment was made.
    (e) Reservation for Adjustment.--The Director may reserve a 
percentage of not more than 2 percent of the amount under this section 
for a payment period for all units of local government in a State if 
the Director considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government in the State.
    (f) Repayment of Unexpended Amounts.--
            (1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    (A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    (B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            (2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
            (3) Deposit of amounts repaid.--Amounts received by the 
        Director as repayments under this subsection shall be deposited 
        in a designated fund for future payments to units of local 
        government. Any amounts remaining in such designated fund after 
        5 years following the date of enactment of this Act shall be 
        applied to the Federal deficit or, if there is no Federal 
        deficit, to reducing the Federal debt.
    (g) Nonsupplanting Requirement.--Funds made available under this 
subtitle to units of local government shall not be used to supplant 
State or local funds, but shall be used to increase the amount of funds 
that would, in the absence of funds made available under this subtitle, 
be made available from State or local sources.
    (h) Matching Funds.--The Federal share of a grant received under 
this subtitle may not exceed 90 percent of the costs of a program or 
proposal funded under this subtitle. No funds provided under this 
subtitle may be used as matching funds for any other Federal grant 
program.

SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subtitle $750,000,000 for each of fiscal 
years 2000 through 2005.
    (b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a) for each of fiscal years 2000 through 2005 shall be available to 
the Attorney General for studying the overall effectiveness and 
efficiency of the provisions of this subtitle, and assuring compliance 
with the provisions of this subtitle and for administrative costs to 
carry out the purposes of this subtitle. From the amount described in 
the preceding sentence, the Bureau of Justice Assistance shall receive 
such sums as may be necessary for the actual costs of administration 
and monitoring. The Attorney General shall establish and execute an 
oversight plan for monitoring the activities of grant recipients. Such 
sums are to remain available until expended.
    (c) Funding Source.--Appropriations for activities authorized in 
this subtitle may be made from the Violent Crime Reduction Trust Fund.
    (d) Technology Assistance.--Of the amount appropriated under 
subsection (a) for each of fiscal years 2000 through 2005, the Attorney 
General shall reserve 3 percent of the amount authorized to the Office 
of Justice Programs, relying principally on the expertise of the Bureau 
of Justice Statistics, for distribution in a manner consistent with the 
Crime Identification Technology Act of 1998 (title I of Public Law 105-
251; 42 U.S.C. 14601), for State and local information and 
identification technology, including access to the Integrated Automated 
Fingerprint Identification System (IAFIS), DNA, and ballistics systems.
    (e) Availability.--The amounts appropriated under subsection (a) 
shall remain available until expended.

SEC. 1104. QUALIFICATION FOR PAYMENT.

    (a) In General.--The Director shall issue regulations establishing 
procedures under which a unit of local government is required to 
provide notice to the Director regarding the proposed use of funds made 
available under this subtitle.
    (b) Program Review.--The Director shall establish a process for the 
ongoing evaluation of projects developed with funds made available 
under this subtitle.
    (c) General Requirements for Qualification.--A unit of local 
government qualifies for a payment under this subtitle for a payment 
period only if the unit of local government submits an application to 
the Director and establishes, to the satisfaction of the Director, 
that--
            (1) the unit of local government has established a local 
        advisory board that--
                    (A) includes, but is not limited to, a 
                representative from--
                            (i) the local police department or local 
                        sheriff's department;
                            (ii) the local prosecutor's office;
                            (iii) the local court system;
                            (iv) the local public school system; and
                            (v) a local nonprofit, educational, 
                        religious, or community group active in crime 
                        prevention or drug use prevention or treatment;
                    (B) has reviewed the application; and
                    (C) is designated to make nonbinding 
                recommendations to the unit of local government for the 
                use of funds received under this subtitle;
            (2) the chief executive officer of the State has had not 
        less than 20 days to review and comment on the application 
        before submission to the Director;
            (3)(A) the unit of local government will establish a trust 
        fund in which the government will deposit all payments received 
        under this subtitle; and
            (B) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            (4) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            (5) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines, which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General of the United States and, as applicable, 
        amounts received under this subtitle shall be audited in 
        compliance with the Single Audit Act of 1984;
            (6) after reasonable notice from the Director or the 
        Comptroller General of the United States to the unit of local 
        government, the unit of local government will make available to 
        the Director and the Comptroller General of the United States, 
        with the right to inspect, records that the Director reasonably 
        requires to review compliance with this subtitle or that the 
        Comptroller General of the United States reasonably requires to 
        review compliance and operation;
            (7) a designated official of the unit of local government 
        shall make reports the Director reasonably requires, in 
        addition to the annual reports required under this subtitle;
            (8) the unit of local government will spend the funds made 
        available under this subtitle only for the purposes set forth 
        in section 1102(a)(2);
            (9) the unit of local government will achieve a net gain in 
        the number of law enforcement officers who perform 
        nonadministrative public safety service if such unit uses funds 
        received under this subtitle to increase the number of law 
        enforcement officers as described under section 1102(a)(2)(A);
            (10) the unit of local government--
                    (A) has an adequate process to assess the impact of 
                any enhancement of a school security measure that is 
                undertaken under section 1102(a)(2)(B), or any crime 
                prevention programs that are established under 
                subparagraphs (C) and (E) of section 1102(a)(2), on the 
                incidence of crime in the geographic area where the 
enhancement is undertaken or the program is established;
                    (B) will conduct such an assessment with respect to 
                each such enhancement or program; and
                    (C) will submit an annual written assessment report 
                to the Director; and
            (11) the unit of local government has established 
        procedures to give members of the Armed Forces who, on or after 
        October 1, 1990, were or are selected for involuntary 
        separation (as described in section 1141 of title 10, United 
        States Code), approved for separation under section 1174a or 
        1175 of such title, or retired pursuant to the authority 
        provided under section 4403 of the Defense Conversion, 
        Reinvestment, and Transition Assistance Act of 1992 (division D 
        of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
        preference in the employment of persons as additional law 
        enforcement officers or support personnel using funds made 
        available under this subtitle. The nature and extent of such 
        employment preference shall be jointly established by the 
        Attorney General and the Secretary of Defense. To the extent 
        practicable, the Director shall endeavor to inform members who 
        were separated between October 1, 1990, and the date of 
        enactment of this Act of their eligibility for the employment 
        preference.
    (d) Sanctions for Noncompliance.--
            (1) In general.--If the Director determines that a unit of 
        local government has not complied substantially with the 
        requirements or regulations prescribed under subsections (a) 
        and (c), the Director shall notify the unit of local government 
        that if the unit of local government does not take corrective 
        action within 60 days of such notice, the Director will 
        withhold additional payments to the unit of local government 
        for the current and future payment periods until the Director 
        is satisfied that the unit of local government--
                    (A) has taken the appropriate corrective action; 
                and
                    (B) will comply with the requirements and 
                regulations prescribed under subsections (a) and (c).
            (2) Notice.--Before giving notice under paragraph (1), the 
        Director shall give the chief executive officer of the unit of 
        local government reasonable notice and an opportunity for 
        comment.
    (e) Maintenance of Effort Requirement.--A unit of local government 
qualifies for a payment under this subtitle for a payment period only 
if the unit's expenditures on law enforcement services (as reported by 
the Bureau of the Census) for the fiscal year preceding the fiscal year 
in which the payment period occurs were not less than 90 percent of the 
unit's expenditures on such services for the second fiscal year 
preceding the fiscal year in which the payment period occurs.

SEC. 1105. ALLOCATION AND DISTRIBUTION OF FUNDS.

    (a) State Set-Aside.--
            (1) In general.--Of the total amounts appropriated for this 
        subtitle for each payment period, the Director shall allocate 
        for units of local government in each State an amount that 
        bears the same ratio to such total as the average annual number 
        of part 1 violent crimes reported by such State to the Federal 
        Bureau of Investigation for the 3 most recent calendar years 
        for which such data is available bears to the number of part 1 
        violent crimes reported by all States to the Federal Bureau of 
        Investigation for such years.
            (2) Minimum requirement.--Each State shall receive not less 
        than 0.5 percent of the total amounts appropriated under 
        section 1103 under this subsection for each payment period.
            (3) Proportional reduction.--If amounts available to carry 
        out paragraph (2) for any payment period are insufficient to 
        pay in full the total payment that any State is otherwise 
        eligible to receive under paragraph (1) for such period, the 
        Director shall reduce payments under paragraph (1) for such 
        payment period to the extent of such insufficiency. Reductions 
        under the preceding sentence shall be allocated among the 
        States (other than States whose payment is determined under 
        paragraph (2)) in the same proportions as amounts would be 
        allocated under paragraph (1) without regard to paragraph (2).
    (b) Local Distribution.--
            (1) Amount of allocation.--From the total amount allocated 
        for all units of local government in a State under subsection 
        (a), the Director shall allocate to each unit of local 
        government an amount which bears the same ratio to such total 
        amount as the average annual number of part 1 violent crimes 
        reported by such unit to the Federal Bureau of Investigation 
        for the 3 most recent calendar years for which such data is 
        available bears to the number of part 1 violent crimes reported 
        by all units of local government in the State in which the unit 
        is located to the Federal Bureau of Investigation for such 
        years.
            (2) Expenditures.--
                    (A) In general.--The amount allocated to a unit of 
                local government under paragraph (1) for a payment 
                period may not exceed 100 percent of law enforcement 
                expenditures of the unit of local government for such 
                payment period.
                    (B) Reallocation.--The portion of the amount 
                allocated to a unit of local government that is not 
                available to such unit of local government by operation 
                of subparagraph (A) shall be allocated on a pro rata 
                basis among units of local government that are not 
                affected by the operation of subparagraph (A) in 
                accordance with this subsection.
            (3) Local governments with allocations of less than 
        $5,000.--If the amount allocated to a unit of local government 
        under paragraph (1) for a payment period is less than $5,000, 
        the amount allocated shall be transferred to the chief 
        executive officer of the State, who shall distribute the amount 
        among State police departments that provide law enforcement 
        services to units of local government and units of local 
government whose allotment is less than that amount in a manner that 
reduces crime and improves public safety.
            (4) Special rule.--If a unit of local government in a State 
        has been annexed since the date of the collection of the data 
        used by the Director in making allocations pursuant to this 
        subsection, the Director shall pay the amount that would have 
        been allocated to such unit of local government under this 
        subsection to the unit of local government that annexed that 
        unit of local government.
            (5) Resolution of disparate allocations.--
                    (A) Definition of geographically constituent unit 
                of local government.--In this paragraph, the term 
                ``geographically constituent unit of local government'' 
                means a unit of local government, as defined in section 
                1101(b) and regardless of eligibility, that has 
                jurisdiction over areas located within the boundaries 
                of an area over which a unit of local government 
                certified pursuant to this paragraph has jurisdiction.
                    (B) Request for certification.--Notwithstanding any 
                other provision of this subtitle, a unit of local 
                government under the jurisdiction of a State may submit 
                to the attorney general of the State a request for 
                certification under subparagraph (C) if such unit of 
                local government received funds during fiscal year 1998 
                pursuant to a joint spending plan under the Local Law 
                Enforcement Block Grant Program pursuant to H.R. 728, 
                as passed by the House of Representatives on February 
                14, 1995.
                    (C) Certification.--Not later than 30 days after 
                receipt of a request for certification under 
                subparagraph (B), the attorney general of the State 
                shall either--
                            (i) make such a certification, if the 
                        attorney general determines that--
                                    (I) the unit of local government 
                                bears more than 50 percent of the costs 
                                of prosecution or incarceration that 
                                arise with respect to part I violent 
                                crimes reported by a specified 
                                geographically constituent unit of 
                                local government; and
                                    (II) but for this paragraph, the 
                                amount of funds allocated under this 
                                title to--
                                            (aa) any 1 specified 
                                        geographically constituent unit 
                                        of local government exceeds 200 
                                        percent of the amount allocated 
                                        to the unit of local government 
                                        described in subclause (I); or
                                            (bb) more than 1 specified 
                                        geographically constituent unit 
                                        of local government (excluding 
                                        the units of local government 
                                        referred to in item (aa) and in 
                                        paragraph (4)), exceeds 400 
                                        percent of the amount allocated 
                                        to the unit of local government 
                                        described in subclause (I); and
                                    (III) such allocation is likely to 
                                threaten the efficient administration 
                                of justice; or
                            (ii) if the attorney general determines 
                        that the requirements of clause (i) are not 
                        met, decline to make such a certification.
                    (D) Effect of certification.--
                            (i) In general.--If the attorney general of 
                        a State makes a certification under 
                        subparagraph (C)(i), the unit of local 
                        government, together with the specified 
                        geographically constituent units of local 
                        government described in subparagraph (C)(i)(II) 
                        may submit to the Director a joint spending 
                        plan reflecting the combined plan for such 
                        units of local government.
                            (ii) Contents of joint spending plan.--Each 
                        joint spending plan submitted under this 
                        subparagraph shall specify the amount of such 
                        funds that are to be distributed to each of 
                        unit of local government and the purposes for 
                        which those funds are to be used.
                            (iii) Joint local advisory board.--Any 
                        units of local government submitting a joint 
                        spending plan under this subparagraph may 
                        establish a joint local advisory board to carry 
                        out this subparagraph.
    (c) Grants to Indian Tribes.--Notwithstanding subsections (a) and 
(b), of the amount appropriated under section 1103(a) in each of fiscal 
years 2000 through 2005, the Attorney General shall reserve 0.3 percent 
for grants to Indian tribal governments performing law enforcement 
functions, to be used for the purposes described in section 1102. To be 
eligible to receive a grant with amounts set aside under this 
subsection, an Indian tribal government shall submit to the Attorney 
General an application in such form and containing such information as 
the Attorney General may by regulation require.
    (d) Grants to Puerto Rico.--The Commonwealth of Puerto Rico may 
distribute any portion of a grant received under this subtitle to units 
of local government within the Commonwealth of Puerto Rico for purposes 
consistent with this subtitle.
    (e) Unavailability and Inaccuracy of Information.--
            (1) Data for states.--For purposes of this section, if data 
        regarding part 1 violent crimes in any State for the 3 most 
        recent calendar years is unavailable, insufficient, or 
        substantially inaccurate, the Director shall utilize the best 
        available comparable data regarding the number of violent 
        crimes for such years for such State for the purposes of 
        allocation of any funds under this subtitle.
            (2) Possible inaccuracy of data for units of local 
        government.--In addition to the provisions of paragraph (1), if 
        the Director believes that the reported rate of part 1 violent 
        crimes or legal expenditure information for a unit of local 
        government is insufficient or inaccurate, the Director shall--
                    (A) investigate the methodology used by such unit 
                to determine the accuracy of the submitted data; and
                    (B) when necessary, use the best available 
                comparable data regarding the number of violent crimes 
                or legal expenditure information for such years for 
                such unit of local government.

SEC. 1106. UTILIZATION OF PRIVATE SECTOR.

    Funds or a portion of funds allocated under this subtitle may be 
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section 
1102(a)(2).

SEC. 1107. PUBLIC PARTICIPATION.

    (a) In General.--A unit of local government expending payments 
under this subtitle shall hold not less than 1 public hearing on the 
proposed use of the payment from the Director in relation to its entire 
budget.
    (b) Views.--At the hearing, persons shall be given an opportunity 
to provide written and oral views to the unit of local government 
authority responsible for enacting the budget.
    (c) Time and Place.--The unit of local government shall hold the 
hearing at a time and place that allows and encourages public 
attendance and participation.

SEC. 1108. ADMINISTRATIVE PROVISIONS.

    The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3782 et seq.), shall 
apply to this subtitle and for purposes of this section any reference 
in such provisions to title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) shall be deemed to be a 
reference to this subtitle.

      Subtitle B--New Millennium Public Safety And Policing Grants

SEC. 1201. AUTHORITY TO MAKE PUBLIC SAFETY AND POLICING GRANTS.

    Section 1701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd) to read as follows:

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND POLICING GRANTS.

    ``(a) Grant Authorization.--Subject to the requirements of this 
part, the Attorney General may make grants (to be known as `New 
Millennium Public Safety and Policing Grants') to States, units of 
local government, Indian tribal governments, other public and private 
entities, and multi-jurisdictional or regional consortia thereof--
            ``(1) to increase police presence;
            ``(2) to develop, implement, and expand law enforcement 
        strategies which emphasize zero-tolerance policing, crime 
        mapping, and command accountability to target high-crime areas; 
        and
            ``(3) to expand and improve cooperative efforts between law 
        enforcement agencies and members of the community to address 
        crime and disorder problems.
    ``(b) Uses of Grants.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used for programs, projects, and other activities to--
                    ``(A) hire and train new, additional career law 
                enforcement officers, or pay overtime to existing 
                career law enforcement officers, for the purposes 
                described in subsection (a);
                    ``(B) retain career law enforcement officers hired 
                with Federal assistance after January 1, 1995;
                    ``(C) procure equipment, technology, and computer 
                systems, or hire support personnel, for the 
                implementation of zero-tolerance policing, crime 
                mapping, and command accountability;
                    ``(D) procure equipment and law enforcement or 
                civilian support personnel to expand coverage, enhance 
                law enforcement presence, and improve law enforcement 
                response time in rural areas; and
                    ``(E) establish school-based partnerships between 
                local law enforcement agencies and local school systems 
                by using school resource officers who operate in and 
                around elementary and secondary schools to combat 
                school-related crime and disorder problems, gangs, and 
                drug activities.
            ``(2) Limitation on use.--Not more than 60 percent of the 
        funds received by a government, entity, or consortia under a 
        grant made under subsection (a) may be used for purposes 
        specified in paragraph (1)(C).
    ``(c) Troops-to-Cops Programs.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used to hire former members of the Armed Forces to serve as 
        career law enforcement officers, particularly in communities 
        that are adversely affected by the recent closure of a military 
installation.
            ``(2) Definition.--In this subsection, `former member of 
        the Armed Forces' means a member of the Armed Forces of the 
        United States who is involuntarily separated from the Armed 
        Forces within the meaning of section 1141 of title 10, United 
        States Code.
    ``(d) Additional Uses of Grants.--Grants made under subsection (a) 
may also be used for programs, projects, and other activities to--
            ``(1) increase the number of law enforcement officers 
        involved in activities that are focused on interaction with 
        members of the community on proactive crime control and 
        prevention by redeploying officers to such activities;
            ``(2) promote the active involvement of citizens in 
        neighborhood crime control and prevention activities, such as 
        Neighborhood Watch programs, neighborhood video monitoring, and 
        citizen ride-along programs;
            ``(3) augment, for a period not to exceed 90 days (which 
        may be extended at the discretion of the Attorney General), law 
        enforcement personnel in a State or political subdivision 
        thereof with law enforcement personnel on loan or temporary 
        transfer from another jurisdiction in the same State or another 
        State or political subdivision thereof if--
                    ``(A) the chief executive officer of the State 
                seeking the augmentation certifies that the State or 
                political subdivision thereof is experiencing temporary 
                emergency civil or criminal disorder, such as rioting 
                or looting, requiring the deployment of additional law 
                enforcement officers;
                    ``(B) the chief executive of such State certifies 
                that the State or political subdivision thereof 
                requires the deployment of additional law enforcement 
                officers to respond to the aftermath of an act of 
                terrorism; or
                    ``(C) such State or political subdivision thereof 
                is the site of a designated special event pursuant to 
                Presidential Decision Directive 62, issued May 22, 
                1998;
            ``(4) provide specialized training to law enforcement 
        officers to enhance their conflict resolution, mediation, 
        problem solving, service, and other skills needed to work in 
        partnership with members of the community;
            ``(5) increase police participation in multidisciplinary 
        early intervention teams;
            ``(6) develop new technologies to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crimes;
            ``(7) develop and implement innovative programs to permit 
        members of the community to assist State and local law 
        enforcement agencies in the prevention of crime in the 
        community, such as a citizens' police academy, including 
        programs designed to increase the level of access to the 
        criminal justice system enjoyed by victims, witnesses, and 
        ordinary citizens by establishing decentralized satellite 
        offices (including video facilities) of principal criminal 
        courts buildings;
            ``(8) establish innovative programs to reduce, and keep to 
        a minimum, the amount of time that law enforcement officers 
        must be away from the community while awaiting court 
        appearances; and
            ``(9) support the purchase by a law enforcement agency of 
        no more than 1 service weapon per officer, upon hiring.
    ``(e) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General may 
give preferential consideration, where feasible, to applications that 
involve a non-Federal contribution exceeding the 25-percent minimum 
under subsection (i).
    ``(f) Technical Assistance.--The Attorney General may provide 
technical assistance to States, units of local government, Indian 
tribal governments, and other public and private entities in 
furtherance of the purposes of this part.
    ``(g) Utilization of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.
    ``(h) Minimum Amount.--
            ``(1) In general.--Unless all applications submitted by any 
        State and grantee within the State pursuant to subsection (a) 
        have been funded, each qualifying State, together with grantees 
        within the State, shall receive in each fiscal year pursuant to 
        subsection (a) not less than 0.5 percent of the total amount 
        appropriated in the fiscal year for grants pursuant to that 
        subsection.
            ``(2) Qualifying state defined.--In this subsection, 
        `qualifying State' means any State which has submitted an 
        application for a grant, or in which an eligible entity has 
        submitted an application for a grant, which meets the 
        requirements prescribed by the Attorney General and the 
        conditions set out in this part.
    ``(i) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) may not 
exceed 75 percent, unless the Attorney General waives, wholly or in 
part, the requirement under this subsection of a non-Federal 
contribution to the costs of a program, project, or activity. In 
relation to a grant for a period exceeding 1 year for hiring or 
rehiring career law enforcement officers, the Federal share shall 
decrease from year to year for up to 5 years, looking toward the 
continuation of the increased hiring level using State or local sources 
of funding following the conclusion of Federal support, as provided in 
an approved plan pursuant to section 1702(c)(8).
    ``(j) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B).''.

SEC. 1202. APPLICATIONS FOR GRANTS.

    Section 1702(c) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd-1(c)) is amended--
            (1) in paragraph (8)--
                    (A) by striking ``hiring or rehiring additional'' 
                and inserting ``the hiring or retention of''; and
                    (B) by striking ``hiring level'' and inserting 
                ``hiring or retention level''; and
            (2) in paragraph (10), by striking ``community-oriented'' 
        and all that follows and inserting ``implementing zero 
        tolerance policing, crime mapping, and command accountability 
        programs to target high-crime areas or, if applicable, improve 
        law enforcement presence and response time in rural areas; 
        and''.

SEC. 1203. RENEWAL OF GRANTS.

    (a) In General.--Section 1703 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended--
            (1) by striking ``hiring or rehiring additional'' each 
        place it appears and inserting ``the hiring or retention of''; 
        and
            (2) by striking ``5 years'' each place it appears and 
        inserting ``4 years''.
    (b) Conforming Amendment.--The subsection heading of subsection (b) 
of that section is amended by inserting ``or Retention'' after ``for 
Hiring''.

SEC. 1204. LIMITATION ON USE OF FUNDS.

    (a) In General.--Section 1704(c) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd-3(c)) is amended--
            (1) by striking ``or rehiring''; and
            (2) by inserting ``, and funding provided under this part 
        for retaining a career law enforcement officer under section 
        1701(b)(1)(B) may not exceed $50,000,'' after ``$75,000''.
    (b) Conforming Amendment.--The subsection heading for that section 
is amended by inserting ``and Retention'' after ``Hiring''.

SEC. 1205. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(11)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and'' at the end of clause (v);
                    (B) by striking the period at the end of clause 
                (vi) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(vii) $400,000,000 for each of fiscal years 2001 through 
        2005.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)'';
                    (B) by designating the third, fourth, and fifth 
                sentences as clauses (iii), (iv), and (v), 
                respectively, and in clause (iii), as so designated, by 
                striking ``Of the remaining funds,'' and inserting ``Of 
                the funds remaining after the application of clauses 
                (i) and (ii),''; and
                    (C) by inserting after clause (i), as so 
                designated, the following new clause:
    ``(ii) Of the funds remaining after the application of clause (i), 
the Attorney General shall allocate up to 10 percent of the funds for 
grants to communities experiencing crime rates at least one and one 
half times greater than the national average. Such grants shall be made 
without regard to the requirements of section 1701(i).''.

SEC. 1206. CLERICAL AMENDMENTS.

    (a) Part Heading.--The part heading for part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended to read 
as follows:

     ``PART Q--NEW MILLENNIUM PUBLIC SAFETY AND POLICING GRANTS''.

    (b) Table of Contents.--The table of contents of title I of that 
Act is amended by striking the items relating to part Q and to section 
1701 and inserting the following new items:

       ``Part Q--New Millennium Public Safety and Policing Grants

``1701. Authority to make public safety and policing grants.''.

      Subtitle C--Crime Identification Technology Act Improvements

SEC. 1301. FINDINGS.

    Congress makes the following findings:
            (1) The Crime Identification Technology Act of 1998 (title 
        I of Public Law 105-251; 112 Stat. 1871; 42 U.S.C. 14601) was 
        enacted on October 9, 1998, to assist State and local justice 
        systems to develop integrated criminal justice information 
        systems to manage and communicate criminal justice information 
        among law enforcement agencies, courts, prosecutors, and 
        corrections, as well as to upgrade the Nation's crime 
        laboratories.
            (2) The Crime Identification Technology Act of 1998 
        authorizes $250,000,000 for assistance to States each year, for 
        five years, for a broad range of crime technology activities.
            (3) State and local governments are at a crucial juncture 
        in the development and integration of their criminal justice 
        technology. The Crime Identification Technology Act of 1998 
        provides for system integration for criminal justice purposes, 
        permitting all components of criminal justice to share 
        information and communicate more effectively, on a real-time 
        basis. Anticrime technology available today will allow law 
        enforcement to solve more crime, more rapidly, and to pursue 
        increasingly sophisticated, mobile criminals.
            (4) The Crime Identification Technology Act of 1998 also 
        responds to the tremendous need to consolidate the patchwork of 
        Federal programs, which have funded specific areas of anticrime 
        technology to the exclusion of others. Between 1993 and 1998, 
        the Federal Government has provided more than $1,000,000,000 
        for such technology through more than 60 separate Federal 
        programs.
            (5) The Crime Identification Technology Act of 1998 offers 
        a dedicated, coordinated stream of funding to help States 
        develop and upgrade their anticrime technology from the 
        patchwork of existing programs, integrate law enforcement and 
        public safety records and communications, and integrate and 
        interface with national criminal information and public safety 
        databases, thereby providing States the flexibility to meet 
        their current technology needs consistent with Federal 
        investments in national databases for criminal records, 
        automated fingerprints, DNA, ballistics, and other 
        technologies.

SEC. 1302. CRIME IDENTIFICATION TECHNOLOGY ACT IMPROVEMENTS.

    (a) Use of Program Funds for Crime Tracking and Forecasting 
Grants.--Subsection (b) of section 102 of the Crime Identification 
Technology Act of 1998 (title I of Public Law 105-251; 112 Stat. 1871; 
42 U.S.C. 14601) is amended--
            (1) by striking ``and'' at the end of paragraph (15);
            (2) by striking the period at the end of paragraph (16) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(17) systems to provide real-time information about 
        street crime in order to facilitate development of crime 
        forecasting models, crime analysis, and other information to 
        assist policing activities to address and prevent crime.''.
    (b) Increased Authorizations for Grants Under Program.--Subsection 
(e)(1) of that section is amended by striking ``this section'' and all 
that follows and inserting ``this section:
                    ``(A) $250,000,000 for fiscal year 1999.
                    ``(B) $500,000,000 for each of fiscal years 2000 
                through 2003.''.

SEC. 1303. VIOLENT OFFENDER DNA IDENTIFICATION.

    (a) Elimination of Convicted Offender DNA Backlog.--
            (1) Development of plan.--
                    (A) In general.--Not later than 45 days after the 
                date of enactment of this Act, the Director of the 
                Federal Bureau of Investigation, in coordination with 
                the Assistant Attorney General of the Office of Justice 
                Programs at the Department of Justice, and after 
                consultation with representatives of State and local 
                forensic laboratories, shall develop a voluntary plan 
                to assist State and local forensic laboratories in 
                performing DNA analyses of DNA samples collected from 
                convicted offenders.
                    (B) Objective.--The objective of the plan developed 
                under subparagraph (A) shall be to effectively 
                eliminate the backlog of convicted offender DNA samples 
                awaiting analysis in State or local forensic laboratory 
                storage, including samples that need to be reanalyzed 
                using upgraded methods, in an efficient, expeditious 
                manner that will provide for their entry into the 
                Combined DNA Indexing System (CODIS).
            (2) Plan conditions.--The plan developed under paragraph 
        (1) shall--
                    (A) require that each laboratory performing DNA 
                analyses satisfy quality assurance standards and 
                utilize state-of-the-art testing methods, as set forth 
                by the Director of the Federal Bureau of Investigation, 
                in coordination with the Assistant Attorney General of 
                the Office of Justice Programs of the Department of 
                Justice; and
                    (B) require that each DNA sample collected and 
                analyzed be accessible only--
                            (i) to criminal justice agencies for law 
                        enforcement identification purposes;
                            (ii) in judicial proceedings, if otherwise 
                        admissible pursuant to applicable statutes or 
                        rules;
                            (iii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which such defendant is charged; or
                            (iv) if personally identifiable information 
                        is removed, for a population statistics 
                        database, for identification research and 
                        protocol development purposes, or for quality 
                        control purposes.
            (3) Implementation of plan.--Subject to the availability of 
        appropriations under paragraph (4), the Director of the Federal 
        Bureau of Investigation, in coordination with the Assistant 
        Attorney General of the Office of Justice Programs at the 
        Department of Justice, shall implement the plan developed 
        pursuant to paragraph (1) with State and local forensic 
        laboratories that elect to participate.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice to carry out 
        this subsection $15,000,000 for each of fiscal years 2000 and 
        2001.
    (b) Expansion of DNA Identification Index.--Section 811(a)(2) of 
the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 
531 note) is amended to read as follows:
            ``(2) the Director of the Federal Bureau of Investigation 
        shall expand the combined DNA Identification System (CODIS) to 
        include information on DNA identification records and analyses 
        related to criminal offenses and acts of juvenile delinquency 
        under Federal law, the Uniform Code of Military Justice, and 
        the District of Columbia Code, in accordance with section 
        210304 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14132).''.
    (c) Index To Facilitate Law Enforcement Exchange of DNA 
Identification Information.--Section 210304 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1), by striking ``persons convicted 
        of crimes'' and inserting ``individuals convicted of criminal 
        offenses or adjudicated delinquent for acts of juvenile 
        delinquency, including qualifying offenses (as defined in 
        subsection (d)(1))'';
            (2) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting 
        ``semiannual''; and
            (3) by adding at the end the following:
    ``(d) Inclusion of DNA Information Relating to Violent Offenders.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `crime of violence' has the meaning 
                given such term in section 924(c)(3) of title 18, 
                United States Code; and
                    ``(B) the term `qualifying offense' means a 
                criminal offense or act of juvenile delinquency 
                included on the list established by the Director of the 
Federal Bureau of Investigation under paragraph (2)(A)(i).
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, and at the 
                discretion of the Director thereafter, the Director of 
                the Federal Bureau of Investigation, in consultation 
                with the Director of the Bureau of Prisons, the 
                Director of the Court Services and Offender Supervision 
                Agency for the District of Columbia or the Trustee 
                appointed under section 11232(a) of the Balanced Budget 
                Act of 1997 (as appropriate), and the Chief of Police 
                of the Metropolitan Police Department of the District 
                of Columbia, shall by regulation establish--
                            ``(i) a list of qualifying offenses; and
                            ``(ii) standards and procedures for--
                                    ``(I) the analysis of DNA samples 
                                collected from individuals convicted of 
                                or adjudicated delinquent for a 
                                qualifying offense;
                                    ``(II) the inclusion in the index 
                                established by this section of the DNA 
                                identification records and DNA analyses 
                                relating to the DNA samples described 
                                in subclause (I); and
                                    ``(III) the expungement of DNA 
                                identification records and DNA analyses 
                                described in subclause (II) from the 
                                index established by this section in 
                                any circumstance in which the 
                                underlying conviction or adjudication 
                                for the qualifying offense has been 
                                reversed or expunged.
                    ``(B) Offenses included.--The list established 
                under subparagraph (A)(i) shall include--
                            ``(i) each criminal offense or act of 
                        juvenile delinquency under Federal law that--
                                    ``(I) constitutes a crime of 
                                violence; or
                                    ``(II) in the case of an act of 
                                juvenile delinquency, would, if 
                                committed by an adult, constitute a 
                                crime of violence;
                            ``(ii) each criminal offense under the 
                        District of Columbia Code that would, if 
                        committed in the special maritime and 
                        territorial jurisdiction of the United States, 
                        constitute a crime of violence; and
                            ``(iii) any other felony offense under 
                        Federal law or the District of Columbia Code, 
                        as determined by the Director of the Federal 
                        Bureau of Investigation.
            ``(3) Federal offenders.--
                    ``(A) Collection of samples from federal 
                prisoners.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        Director of the Bureau of Prisons shall collect 
                        a DNA sample from each individual in the 
                        custody of the Bureau of Prisons who has been 
                        convicted of or adjudicated delinquent for a 
                        qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Bureau of Prisons shall specify the time 
                        and manner of collection of DNA samples under 
                        this subparagraph.
                    ``(B) Collection of samples from federal offenders 
                on supervised release, parole, or probation.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        agency responsible for the supervision under 
                        Federal law of an individual on supervised 
                        release, parole, or probation (other than an 
                        individual described in paragraph (4)(B)(i)) 
                        shall collect a DNA sample from each individual 
                        who has been convicted of or adjudicated 
                        delinquent for a qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Administrative Office of the United States 
                        Courts shall specify the time and manner of 
                        collection of DNA samples under this 
                        subparagraph.
            ``(4) District of columbia offenders.--
                    ``(A) Offenders in custody of district of 
                columbia.--
                            ``(i) In general.--The Government of the 
                        District of Columbia may--
                                    ``(I) identify 1 or more categories 
                                of individuals who are in the custody 
                                of, or under supervision by, the 
                                District of Columbia, from whom DNA 
                                samples should be collected; and
                                    ``(II) collect a DNA sample from 
                                each individual in any category 
                                identified under clause (i).
                            ``(ii) Definition.--In this subparagraph, 
                        the term `individuals in the custody of, or 
                        under supervision by, the District of 
                        Columbia'--
                                    ``(I) includes any individual in 
                                the custody of, or under supervision 
                                by, any agency of the Government of the 
                                District of Columbia; and
                                    ``(II) does not include an 
                                individual who is under the supervision 
                                of the Director of the Court Services 
                                and Offender Supervision Agency for the 
                                District of Columbia or the Trustee 
                                appointed under section 11232(a) of the 
                                Balanced Budget Act of 1997.
                    ``(B) Offenders on supervised release, probation, 
                or parole.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        Director of the Court Services and Offender 
                        Supervision Agency for the District of 
                        Columbia, or the Trustee appointed under 
section 11232(a) of the Balanced Budget Act of 1997, as appropriate, 
shall collect a DNA sample from each individual under the supervision 
of the Agency or Trustee, respectively, who is on supervised release, 
parole, or probation who has been convicted of or adjudicated 
delinquent for a qualifying offense.
                            ``(ii) Time and manner.--The Director or 
                        the Trustee, as appropriate, shall specify the 
                        time and manner of collection of DNA samples 
                        under this subparagraph.
            ``(5) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, a person or agency 
        responsible for the collection of DNA samples under this 
        subsection may--
                    ``(A) waive the collection of a sample from an 
                individual under this subsection if another person or 
                agency has collected such a sample from the individual 
                under this subsection or subsection (e); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(e) Inclusion of DNA Information Relating to Violent Military 
Offenders.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this subsection, the Secretary of Defense shall 
        prescribe regulations that--
                    ``(A) specify categories of conduct punishable 
                under the Uniform Code of Military Justice (referred to 
                in this subsection as `qualifying military offenses') 
                that are comparable to qualifying offenses (as defined 
                in subsection (d)(1)); and
                    ``(B) set forth standards and procedures for--
                            ``(i) the analysis of DNA samples collected 
                        from individuals convicted of a qualifying 
                        military offense;
                            ``(ii) the inclusion in the index 
                        established by this section of the DNA 
                        identification records and DNA analyses 
                        relating to the DNA samples described in clause 
                        (i); and
                            ``(iii) the expungement of DNA 
                        identification records and DNA analyses 
                        described in clause (ii) from the index 
                        established by this section in any circumstance 
                        in which the underlying conviction for the 
                        qualifying military offense has been reversed 
                        or the underlying record has been expunged for 
                        any other reason.
            ``(2) Collection of samples.--
                    ``(A) In general.--Beginning 180 days after the 
                date of enactment of this subsection, the Secretary of 
                Defense shall collect a DNA sample from each individual 
                under the jurisdiction of the Secretary of a military 
                department who has been convicted of a qualifying 
                military offense.
                    ``(B) Time and manner.--The Secretary of Defense 
                shall specify the time and manner of collection of DNA 
                samples under this paragraph.
            ``(3) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, the Secretary of Defense 
        may--
                    ``(A) waive the collection of a sample from an 
                individual under this subsection if another person or 
                agency has collected such a sample from the individual 
                under subsection (d); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(f) Criminal Penalty.--
            ``(1) In general.--An individual from whom the collection 
        of a DNA sample is required under subsection (d) who fails to 
        cooperate in the collection of that sample shall be--
                    ``(A) guilty of a class A misdemeanor; and
                    ``(B) punished in accordance with title 18, United 
                States Code.
            ``(2) Military offenders.--An individual from whom the 
        collection of a DNA sample is required under subsection (e) who 
        fails to cooperate in the collection of that sample may be 
        punished as a court martial may direct as a violation of the 
        Uniform Code of Military Justice.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to the Department of Justice to carry out subsection 
        (d) of this section (including to reimburse the Federal 
        judiciary for any reasonable costs incurred in implementing 
        such subsection, as determined by the Attorney General) and 
        section 1303(e) of the New Millennium Law Enforcement 
        Assistance Act--
                    ``(A) $6,600,000 for fiscal year 2000; and
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004;
            ``(2) to the Court Services and Offender Supervision Agency 
        for the District of Columbia or the Trustee appointed under 
        section 11232(a) of the Balanced Budget Act of 1997 (as 
        appropriate), such sums as may be necessary for each of fiscal 
        years 2000 through 2004; and
            ``(3) to the Department of Defense to carry out subsection 
        (e)--
                    ``(A) $600,000 for fiscal year 2000; and
                    ``(B) $300,000 for each of fiscal years 2001 
                through 2004.''.
    (d) Conditions of Release.--
            (1) Conditions of probation.--Section 3563(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) that the defendant cooperate in the collection of a 
        DNA sample from the defendant if the collection of such a 
        sample is required pursuant to section 210304 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14132).''.
            (2) Conditions of supervised release.--Section 3583(d) of 
        title 18, United States Code, is amended by inserting before 
        ``The court shall also order'' the following: ``The court shall 
        order, as an explicit condition of supervised release, that the 
        defendant cooperate in the collection of a DNA sample from the 
        defendant, if the collection of such a sample is required 
        pursuant to section 210304 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14132).''.
            (3) Conditions of release generally.--If the collection of 
        a DNA sample from an individual on probation, parole, or 
        supervised release (including an individual on parole pursuant 
        to chapter 311 of title 18, United States Code, as in effect on 
        October 30, 1997) is required pursuant to section 210304 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14132), and the sample has not otherwise been collected, 
        the individual shall cooperate in the collection of a DNA 
        sample as a condition of that probation, parole, or supervised 
        release.
    (e) Report and Evaluation.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General, acting through the 
Assistant Attorney General for the Office of Justice Programs of the 
Department of Justice and the Director of the Federal Bureau of 
Investigation, shall--
            (1) conduct an evaluation to--
                    (A) identify criminal offenses, including offenses 
                other than qualifying offenses (as defined in section 
                210304(d)(1) of the Violent Crime Control and Law 
                Enforcement Act of 1994 (42 U.S.C. 14132(d)(1)), as 
                added by this section) that, if serving as a basis for 
                the mandatory collection of a DNA sample under section 
                210304 of the Violent Crime Control and Law Enforcement 
                Act of 1994 (42 U.S.C. 14132) or under State law, are 
                likely to yield DNA matches, and the relative degree of 
                such likelihood with respect to each such offense; and
                    (B) determine the number of investigations aided 
                (including the number of suspects cleared), and the 
                rates of prosecution and conviction of suspects 
                identified through DNA matching; and
            (2) submit to Congress a report describing the results of 
        the evaluation under paragraph (1).
    (f) Technical and Conforming Amendments.--
            (1) Drug control and system improvement grants.--Section 
        503(a)(12)(C) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by 
        striking ``, at regular intervals of not to exceed 180 days,'' 
        and inserting ``semiannual''.
            (2) DNA identification grants.--Section 2403(3) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796kk-2(3)) is amended by striking ``, at regular 
        intervals not exceeding 180 days,'' and inserting 
        ``semiannual''.
            (3) Federal bureau of investigation.--Section 
        210305(a)(1)(A) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended 
        by striking ``, at regular intervals of not to exceed 180 
        days,'' and inserting ``semiannual''.

   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.

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

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

SEC. 1411. SHORT TITLE.

    This chapter may be cited as the ``James Guelff Body Armor Act of 
1999''.

SEC. 1412. FINDINGS.

    Congress finds that--
            (1) nationally, police officers and ordinary citizens are 
        facing increased danger as criminals use more deadly weaponry, 
        body armor, and other sophisticated assault gear;
            (2) recent incidents, such as the murder of San Francisco 
        Police Officer James Guelff by an assailant wearing 2 layers of 
        body armor and a 1997 bank shoot out in north Hollywood, 
        California, between police and 2 heavily armed suspects 
        outfitted in body armor, demonstrate the serious threat to 
        community safety posed by criminals who wear body armor during 
        the commission of a violent crime;
            (3) of the approximately 1,200 officers killed in the line 
        of duty since 1980, more than 30 percent could have been saved 
        by body armor, and the risk of dying from gunfire is 14 times 
        higher for an officer without a bulletproof vest;
            (4) the Department of Justice has estimated that 25 percent 
        of State and local police are not issued body armor; and
            (5) the Federal Government is well-equipped to grant local 
        police departments access to body armor that is no longer 
        needed by Federal agencies.

SEC. 1413. DEFINITIONS.

    In this chapter:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.
            (2) Law enforcement agency.--The term ``law enforcement 
        agency'' means an agency of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
            (3) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.

SEC. 1414. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY 
              ARMOR.

    (a) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (b) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 1415. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL 
              LAW ENFORCEMENT AGENCIES.

    (a) Definitions.--In this section, the terms ``Federal agency'' and 
``surplus property'' have the meanings given such terms under section 3 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 472).
    (b) Donation of Body Armor.--Notwithstanding section 203 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484), the head of a Federal agency may donate body armor directly to 
any State or local law enforcement agency, if such body armor is--
            (1) in serviceable condition; and
            (2) surplus property.
    (c) Notice to Administrator.--The head of a Federal agency who 
donates body armor under this section shall submit to the Administrator 
of General Services a written notice identifying the amount of body 
armor donated and each State or local law enforcement agency that 
received the body armor.
    (d) Donation by Certain Officers.--
            (1) Department of justice.--In the administration of this 
        section with respect to the Department of Justice, in addition 
        to any other officer of the Department of Justice designated by 
        the Attorney General, the following officers may act as the 
        head of a Federal agency:
                    (A) The Administrator of the Drug Enforcement 
                Administration.
                    (B) The Director of the Federal Bureau of 
                Investigation.
                    (C) The Commissioner of the Immigration and 
                Naturalization Service.
                    (D) The Director of the United States Marshals 
                Service.
            (2) Department of the treasury.--In the administration of 
        this section with respect to the Department of the Treasury, in 
        addition to any other officer of the Department of the Treasury 
        designated by the Secretary of the Treasury, the following 
        officers may act as the head of a Federal agency:
                    (A) The Director of the Bureau of Alcohol, Tobacco, 
                and Firearms.
                    (B) The Commissioner of Customs.
                    (C) The Director of the United States Secret 
                Service.

 CHAPTER 3--GRANT PROGRAMS FOR PURCHASE OF BODY ARMOR AND VIDEO CAMERAS

SEC. 1421. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Officer Dale Claxton of the Cortez, Colorado, Police 
        Department was shot and killed by bullets that passed through 
        the windshield of his police car after he stopped a stolen 
        truck, and his life may have been saved if his police car had 
        been equipped with bullet resistant equipment;
            (2) the number of law enforcement officers who are killed 
        in the line of duty would significantly decrease if every law 
        enforcement officer in the United States had access to 
        additional bullet resistant equipment;
            (3) according to studies, between 1985 and 1994, 709 law 
        enforcement officers in the United States were feloniously 
        killed in the line of duty;
            (4) the Federal Bureau of Investigation estimates that the 
        risk of fatality to law enforcement officers while not wearing 
        bullet resistant equipment, such as an armor vest, is 14 times 
        higher than for officers wearing an armor vest;
            (5) according to studies, between 1985 and 1994, bullet-
        resistant materials helped save the lives of more than 2,000 
        law enforcement officers in the United States; and
            (6) the Executive Committee for Indian Country Law 
        Enforcement Improvements reports that violent crime in Indian 
        country has risen sharply despite a decrease in the national 
        crime rate, and has concluded that there is a ``public safety 
crisis in Indian country''.
    (b) Purpose.--The purpose of this chapter is to save lives of law 
enforcement officers by helping State, local, and tribal law 
enforcement agencies provide officers with bullet resistant equipment 
and video cameras.

SEC. 1422. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET RESISTANT 
              EQUIPMENT AND FOR VIDEO CAMERAS.

    (a) In General.--Part Y of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ll et seq.) is amended--
            (1) by striking the part designation and part heading and 
        inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

            (2) by striking ``this part'' each place it appears and 
        inserting ``this subpart''; and
            (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

``SEC. 2511. PROGRAM AUTHORIZED.

        ``(a) In General.--The Director of the Bureau of Justice 
Assistance is authorized to make grants to States, units of local 
government, and Indian tribes to purchase bullet resistant equipment 
for use by State, local, and tribal law enforcement officers.
    ``(b) Uses of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the purchase of bullet resistant equipment 
        for law enforcement officers in the jurisdiction of the 
        grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
subpart, the Director of the Bureau of Justice Assistance may give 
preferential consideration, if feasible, to an application from a 
jurisdiction that--
            ``(1) has the greatest need for bullet resistant equipment 
        based on the percentage of law enforcement officers in the 
        department who do not have access to a vest;
            ``(2) has a violent crime rate at or above the national 
        average as determined by the Federal Bureau of Investigation; 
        or
            ``(3) has not received a block grant under the Local Law 
        Enforcement Block Grant program described under the heading 
        `Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119).
    ``(d) Minimum Amount.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.50 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated .25 
percent.
    ``(e) Maximum Amount.--A qualifying State, unit of local 
government, or Indian tribe may not receive more than 5 percent of the 
total amount appropriated in each fiscal year for grants under this 
section, except that a State, together with the grantees within the 
State may not receive more than 20 percent of the total amount 
appropriated in each fiscal year for grants under this section.
    ``(f) Matching Funds.--The portion of the costs of a program 
provided by a grant under subsection (a) may not exceed 50 percent. Any 
funds appropriated by Congress for the activities of any agency of an 
Indian tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.
    ``(g) Allocation of Funds.--At least half of the funds available 
under this subpart shall be awarded to units of local government with 
fewer than 100,000 residents.

``SEC. 2512. APPLICATIONS.

    ``(a) In General.--To request a grant under this subpart, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the 
enactment of this subpart, the Director of the Bureau of Justice 
Assistance shall promulgate regulations to implement this section 
(including the information that must be included and the requirements 
that the States, units of local government, and Indian tribes must 
meet) in submitting the applications required under this section.
    ``(c) Eligibility.--A unit of local government that receives 
funding under the Local Law Enforcement Block Grant program (described 
under the heading `Violent Crime Reduction Programs, State and Local 
Law Enforcement Assistance' of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1998 
(Public Law 104-119)) during a fiscal year in which it submits an 
application under this subpart shall not be eligible for a grant under 
this subpart unless the chief executive officer of such unit of local 
government certifies and provides an explanation to the Director that 
the unit of local government considered or will consider using funding 
received under the block grant program for any or all of the costs 
relating to the purchase of bullet resistant equipment, but did not, or 
does not expect to use such funds for such purpose.

``SEC. 2513. DEFINITIONS.

    ``In this subpart--
            ``(1) the term `equipment' means windshield glass, car 
        panels, shields, and protective gear;
            ``(2) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands;
            ``(3) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level;
            (4) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e)); and
            ``(5) the term `law enforcement officer' means any officer, 
        agent, or employee of a State, unit of local government, or 
        Indian tribe authorized by law or by a government agency to 
        engage in or supervise the prevention, detection, or 
        investigation of any violation of criminal law, or authorized 
        by law to supervise sentenced criminal offenders.

              ``Subpart C--Grant Program For Video Cameras

``SEC. 2521. PROGRAM AUTHORIZED.

    ``(a) In General.--The Director of the Bureau of Justice Assistance 
is authorized to make grants to States, units of local government, and 
Indian tribes to purchase video cameras for use by State, local, and 
tribal law enforcement agencies in law enforcement vehicles.
    ``(b) Uses of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the purchase of video cameras for law 
        enforcement vehicles in the jurisdiction of the grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
subpart, the Director of the Bureau of Justice Assistance may give 
preferential consideration, if feasible, to an application from a 
jurisdiction that--
            ``(1) has the greatest need for video cameras, based on the 
        percentage of law enforcement officers in the department do not 
        have access to a law enforcement vehicle equipped with a video 
        camera;
            ``(2) has a violent crime rate at or above the national 
        average as determined by the Federal Bureau of Investigation; 
        or
            ``(3) has not received a block grant under the Local Law 
        Enforcement Block Grant program described under the heading 
        `Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119).
    ``(d) Minimum Amount.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.50 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section, except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated 0.25 
percent.
    ``(e) Maximum Amount.--A qualifying State, unit of local 
government, or Indian tribe may not receive more than 5 percent of the 
total amount appropriated in each fiscal year for grants under this 
section, except that a State, together with the grantees within the 
State may not receive more than 20 percent of the total amount 
appropriated in each fiscal year for grants under this section.
    ``(f) Matching Funds.--The portion of the costs of a program 
provided by a grant under subsection (a) may not exceed 50 percent. Any 
funds appropriated by Congress for the activities of any agency of an 
Indian tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.
    ``(g) Allocation of Funds.--At least half of the funds available 
under this subpart shall be awarded to units of local government with 
fewer than 100,000 residents.

``SEC. 2522. APPLICATIONS.

    ``(a) In General.--To request a grant under this subpart, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the 
enactment of this subpart, the Director of the Bureau of Justice 
Assistance shall promulgate regulations to implement this section 
(including the information that must be included and the requirements 
that the States, units of local government, and Indian tribes must 
meet) in submitting the applications required under this section.
    ``(c) Eligibility.--A unit of local government that receives 
funding under the Local Law Enforcement Block Grant program (described 
under the heading `Violent Crime Reduction Programs, State and Local 
Law Enforcement Assistance' of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1998 
(Public Law 105-119)) during a fiscal year in which it submits an 
application under this subpart shall not be eligible for a grant under 
this subpart unless the chief executive officer of such unit of local 
government certifies and provides an explanation to the Director that 
the unit of local government considered or will consider using funding 
received under the block grant program for any or all of the costs 
relating to the purchase of video cameras, but did not, or does not 
expect to use such funds for such purpose.

``SEC. 2523. DEFINITIONS.

    ``In this subpart--
            ``(1) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e));
            ``(2) the term `law enforcement officer' means any officer, 
        agent, or employee of a State, unit of local government, or 
        Indian tribe authorized by law or by a government agency to 
        engage in or supervise the prevention, detection, or 
        investigation of any violation of criminal law, or authorized 
        by law to supervise sentenced criminal offenders;
            ``(3) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(4) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level.''.
    (b) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) 
is amended by striking paragraph (23) and inserting the following:
    ``(23) There are authorized to be appropriated to carry out part 
Y--
            ``(A) $25,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart A of that part;
            ``(B) $40,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart B of that part; and
            ``(C) $25,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart C of that part.''.
    (c) Clerical Amendments.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended--
            (1) by striking the item relating to the part heading of 
        part Y and inserting the following:

         ``Part Y--Matching Grants Programs for Law Enforcement

           ``subpart a--grant program for armor vests''; and

            (2) by adding at the end of the matter relating 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.''.

SEC. 1423. SENSE OF CONGRESS.

    In the case of any equipment or products that may be authorized to 
be purchased with financial assistance provided using funds 
appropriated or otherwise made available under subpart B or C of part Y 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, 
as added by this chapter, it is the sense of the Congress that entities 
receiving the assistance should, in expending the assistance, purchase 
only American-made equipment and products.

SEC. 1424. TECHNOLOGY DEVELOPMENT.

    Section 202 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3722) is amended by adding at the end the following:
    ``(e) Bullet Resistant Technology Development.--
            ``(1) In general.--The Institute is authorized to--
                    ``(A) conduct research and otherwise work to 
                develop new bullet resistant technologies (i.e., 
                acrylic, polymers, aluminized material, and transparent 
                ceramics) for use in police equipment (including 
                windshield glass, car panels, shields, and protective 
                gear);
                    ``(B) inventory bullet resistant technologies used 
                in the private sector, in surplus military property, 
                and by foreign countries;
                    ``(C) promulgate relevant standards for, and 
                conduct technical and operational testing and 
                evaluation of, bullet resistant technology and 
                equipment, and otherwise facilitate the use of that 
                technology in police equipment.
            ``(2) Priority.--In carrying out this subsection, the 
        Institute shall give priority in testing and engineering 
        surveys to law enforcement partnerships developed in 
        coordination with High Intensity Drug Trafficking Areas.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        fiscal years 2000 through 2002.''.

SEC. 1425. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.

    Section 2501(f) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796ll(f)) is amended--
            (1) by striking ``The portion'' and inserting the 
        following:
            ``(1) In general.--Subject to paragraph (2), the portion''; 
        and
            (2) by adding at the end the following:
            ``(2) Waiver.--The Director may waive, in whole or in part, 
        the requirement of paragraph (1) in the case of fiscal 
        hardship, as determined by the Director.''.

                        CHAPTER 4--MISCELLANEOUS

SEC. 1431. INCLUSION OF RAILROAD POLICE OFFICERS IN FBI LAW ENFORCEMENT 
              TRAINING.

    (a) In General.--Subsection (a) of section 701 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3771) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``State or unit of local 
                government'' and inserting ``State, unit of local 
                government, or rail carrier''; and
                    (B) by inserting ``, including railroad police 
                officers'' before the semicolon; and
            (2) in paragraph (3)--
                    (A) by striking ``State or unit of local 
                government'' inserting ``State, unit of local 
                government, or rail carrier'';
                    (B) by inserting ``railroad police officers,'' 
                after ``deputies,'';
                    (C) by striking ``State or such unit'' and 
                inserting ``State, unit of local government, or rail 
                carrier''; and
                    (D) by striking ``State or unit'' and inserting 
                ``State, unit of local government, or rail carrier''.
    (b) Rail Carrier Costs.--That section is further amended by adding 
at the end the following:
    ``(d) Rail Carrier Costs.--No Federal funds may be used for any 
travel, transportation, or subsistence expenses incurred in connection 
with the participation of a railroad police officer in a training 
program conducted under subsection (a).''.
    (c) Definitions.--That section, as amended by subsection (b) of 
this section, if further amended by adding at the end the following:
    ``(e) Definitions.--In this section--
            ``(1) the terms `rail carrier' and `railroad' have the 
        meanings given such terms in section 20102 of title 49, United 
        States Code; and
            ``(2) the term `railroad police officer' means a peace 
        officer who is commissioned in his or her State of legal 
        residence or State or primary employment and employed by a rail 
        carrier to enforce State laws for the protection of railroad 
        property, personnel, passengers, or cargo.''.

                  TITLE II--COMBATTING DRUGS AND CRIME

                Subtitle A--New Millennium Drug Free Act

SEC. 2001. SHORT TITLE.

    This subtitle may be cited as the ``New Millennium Drug Free Act''.

               CHAPTER 1--INTERNATIONAL SUPPLY REDUCTION

                   Subchapter A--International Crime

                  PART I--INTERNATIONAL CRIME CONTROL

SEC. 2011. SHORT TITLE.

    This part may be cited as the ``International Crime Control Act of 
1999''.

SEC. 2012. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED 
              STATES BORDER.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry, or clearance requirements
    ``(a) In General.--Whoever attempts to commit or commits a crime of 
violence or recklessly operates any conveyance during and in relation 
to--
            ``(1)(A) attempting to elude or eluding immigration, 
        customs, or agriculture inspection; or
            ``(B) failing to stop at the command of an officer or 
        employee of the United States charged with enforcing the 
        immigration, customs, or other laws of the United States along 
        any border of the United States; or
            ``(2) an intentional violation of arrival, reporting, 
        entry, or clearance requirements, as set forth in section 107 
        of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of 
        the Act of August 20, 1912 (commonly known as the `Plant 
        Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal 
        Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433, 
        434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 
        1434, and 1459), section 10 of the Act of August 30, 1890 (26 
        Stat. 417; chapter 839 (21 U.S.C. 105)), section 2 of the Act 
        of February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 111), 
        section 4197 of the Revised Statutes (46 U.S.C. App. 91), or 
        sections 231, 232, and 234 through 238 of the Immigration and 
        Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228) 
        shall be--
                    ``(A) fined under this title, imprisoned not more 
                than 5 years, or both;
                    ``(B) if bodily injury (as defined in section 
                1365(g)) results, fined under this title, imprisoned 
                not more than 10 years, or both; or
                    ``(C) if death results, fined under this title, 
                imprisoned for any term of years or for life, or both, 
                and may be sentenced to death.
    ``(b) Conspiracy.--If 2 or more persons conspire to commit an 
offense under subsection (a), and 1 or more of those persons do any act 
to effect the object of the conspiracy, each shall be punishable as a 
principal, except that a sentence of death may not be imposed.''.
    (b) Clerical Amendment.--The analysis for chapter 27 of title 18, 
United States Code, is amended by adding at the end the following:

``554. Violence while eluding inspection or during violation of 
                            arrival, reporting, entry, or clearance 
                            requirements.''.
    (c) Reckless Endangerment.--Section 111 of title 18, United States 
Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Reckless Endangerment.--Whoever--
            ``(1) knowingly disregards or disobeys the lawful authority 
        or command of any officer or employee of the United States 
        charged with enforcing the immigration, customs, or other laws 
        of the United States along any border of the United States 
        while engaged in, or on account of, the performance of official 
        duties of that officer or employee; and
            ``(2) as a result of disregarding or disobeying an 
        authority or command referred to in paragraph (1), endangers 
        the safety of any person or property,
shall be fined under this title, imprisoned not more than 6 months, or 
both.''.

  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.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding or providing false information
    ``(a) Definitions.--In this section:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given that term in 
        section 115(c).
            ``(2) Heave to.--The term `heave to' means, with respect to 
        a vessel, to cause that vessel to slow or come to a stop to 
        facilitate a law enforcement boarding by adjusting the course 
        and speed of the vessel to account for the weather conditions 
        and the sea state.
            ``(3) Vessel of the united states; vessel subject to the 
        jurisdiction of the united states.--The terms `vessel of the 
        United States' and `vessel subject to the jurisdiction of the 
        United States' have the meanings given those terms in section 3 
        of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
    ``(b) Failure To Obey an Order To Heave to.--
            ``(1) In general.--It shall be unlawful for the master, 
        operator, or person in charge of a vessel of the United States 
        or a vessel subject to the jurisdiction of the United States, 
        to fail to obey an order to heave to that vessel on being 
        ordered to do so by an authorized Federal law enforcement 
        officer.
            ``(2) Impeding boarding; providing false information in 
        connection with a boarding.--It shall be unlawful for any 
        person on board a vessel of the United States or a vessel 
        subject to the jurisdiction of the United States knowingly or 
        willfully to--
                    ``(A) fail to comply with an order of an authorized 
                Federal law enforcement officer in connection with the 
                boarding of the vessel;
                    ``(B) impede or obstruct a boarding or arrest, or 
                other law enforcement action authorized by any Federal 
                law; or
                    ``(C) provide false information to a Federal law 
                enforcement officer during a boarding of a vessel 
                regarding the destination, origin, ownership, 
                registration, nationality, cargo, or crew of the 
                vessel.
    ``(c) Statutory Construction.--Nothing in this section may be 
construed to limit the authority granted before the date of enactment 
of this section--
            ``(1) a customs officer under section 581 of the Tariff Act 
        of 1930 (19 U.S.C. 1581) or any other provision of law enforced 
        or administered by the United States Customs Service; or
            ``(2) any Federal law enforcement officer under any Federal 
        law to order a vessel to heave to.
    ``(d) Consent or Waiver of Objection by a Foreign Country.--
            ``(1) In general.--A foreign country may consent to or 
        waive objection to the enforcement of United States law by the 
        United States under this section by international agreement or, 
        on a case-by-case basis, by radio, telephone, or similar oral 
        or electronic means.
            ``(2) Proof of consent or waiver.--The Secretary of State 
        or a designee of the Secretary may prove a consent or waiver 
        described in paragraph (1) by certification.
    ``(e) Penalties.--Any person who intentionally violates any 
provision of this section shall be fined under this title, imprisoned 
not more than 5 years, or both.
    ``(f) Seizure of Vessels.--
            ``(1) In general.--A vessel that is used in violation of 
        this section may be seized and forfeited.
            ``(2) Applicability of laws.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                laws described in subparagraph (B) shall apply to 
                seizures and forfeitures undertaken, or alleged to have 
                been undertaken, under any provision of this section.
                    ``(B) Laws described.--The laws described in this 
                subparagraph are the laws relating to the seizure, 
                summary, judicial forfeiture, and condemnation of 
                property for violation of the customs laws, the 
                disposition of the property or the proceeds from the 
                sale thereof, the remission or mitigation of the 
                forfeitures, and the compromise of claims.
                    ``(C) Execution of duties by officers and agents.--
                Any duty that is imposed upon a customs officer or any 
                other person with respect to the seizure and forfeiture 
                of property under the customs laws shall be performed 
                with respect to a seizure or forfeiture of property 
                under this section by the officer or other person that 
                is authorized or designated for that purpose.
            ``(3) In rem liability.--A vessel that is used in violation 
        of this section shall, in addition to any other liability 
        prescribed under this subsection, be liable in rem for any fine 
        or civil penalty imposed under this section.''.
    (b) Clerical Amendment.--The analysis for chapter 109 of title 18, 
United States Code, is amended by adding at the end the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
                            boarding or providing false information.''.

SEC. 2022. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding, 
              obstruction of boarding, or providing false information
    ``(a) In General.--Any person who violates section 2237(b) of title 
18 shall be liable for a civil penalty of not more than $25,000.
    ``(b) In Rem Liability.--In addition to being subject to the 
liability under subsection (a), a vessel used to violate an order 
relating to the boarding of a vessel issued under the authority of 
section 2237 of title 18 shall be liable in rem and may be seized, 
forfeited, and sold in accordance with section 594 of the Tariff Act of 
1930 (19 U.S.C. 1594).''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
chapter 17 of title 14, United States Code, is amended by adding at the 
end the following:

``675. Civil penalty for failure to comply with a lawful boarding, 
                            obstruction of boarding, or providing false 
                            information.''.

SEC. 2023. CUSTOMS ORDERS.

    Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended 
by adding at the end the following:
    ``(i) In this section, the term `authorized place' includes, with 
respect to a vessel or vehicle, a location in a foreign country at 
which United States customs officers are permitted to conduct 
inspections, examinations, or searches.''.

      PART III--SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

SEC. 2031. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED STATES.

    (a) In General.--
            (1) Smuggling goods from united states.--Chapter 27 of 
        title 18, United States Code, as amended by section 2012(a) of 
        this Act, is amended by adding at the end the following:
``Sec. 555. Smuggling goods from the United States
    ``(a) United States Defined.--In this section, the term `United 
States' has the meaning given that term in section 545.
    ``(b) Penalties.--Whoever--
            ``(1) fraudulently or knowingly exports or sends from the 
        United States, or attempts to export or send from the United 
        States, any merchandise, article, or object contrary to any law 
        of the United States (including any regulation of the United 
        States); or
            ``(2) receives, conceals, buys, sells, or in any manner 
        facilitates the transportation, concealment, or sale of that 
        merchandise, article, or object, prior to exportation, knowing 
        that merchandise, article, or object to be intended for 
        exportation contrary to any law of the United States;
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
            (2) Clerical amendment.--The analysis for chapter 27 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``555. Smuggling goods from the United States.''.
    (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ``section 555 
(relating to smuggling goods from the United States),'' before 
``section 641 (relating to public money, property, or records),''.
    (c) Merchandise Exported From United States.--Section 596 of the 
Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end 
the following:
    ``(d) Merchandise Exported From the United States.--Merchandise 
exported or sent from the United States or attempted to be exported or 
sent from the United States contrary to law, or the value thereof, and 
property used to facilitate the receipt, purchase, transportation, 
concealment, or sale of that merchandise prior to exportation shall be 
forfeited to the United States.''.

SEC. 2032. CUSTOMS DUTIES.

    (a) In General.--Section 542 of title 18, United States Code, is 
amended--
            (1) in the section heading, by adding ``, theft, 
        embezzlement, or misapplication of duties'' at the end;
            (2) by redesignating the fourth and fifth undesignated 
        paragraphs as subsections (b) and (c), respectively;
            (3) in the third undesignated paragraph--
                    (A) by striking ``Shall be fined'' and inserting 
                the following:
``shall be fined''; and
                    (B) by striking ``two years'' and inserting ``5 
                years'';
            (4) in the second undesignated paragraph--
                    (A) by striking ``Whoever is guilty'' and inserting 
                the following:
            ``(2) is guilty''; and
                    (B) by striking ``act or omission--'' and inserting 
                ``act or omission; or'';
            (5) in the first undesignated paragraph, by striking 
        ``Whoever enters or'' and inserting the following:
    ``(a) Whoever--
            ``(1) enters or''; and
            (6) in subsection (a) (as designated by paragraph (5) of 
        this subsection), by inserting after paragraph (2) (as 
        designated by paragraph (4) of this subsection) the following:
            ``(3) embezzles, steals, abstracts, purloins, willfully 
        misapplies, willfully permits to be misapplied, or wrongfully 
        converts to his own use, or to the use of another, moneys, 
        funds, credits, assets, securities, or other property entrusted 
        to his or her custody or care, or to the custody or care of 
        another for the purpose of paying any lawful duties;''.
    (b) Clerical Amendment.--The analysis for chapter 27 of title 18, 
United States Code, is amended by striking the item relating to section 
542 and inserting the following:

``542. Entry of goods by means of false statements, theft, 
                            embezzlement, or misapplication of 
                            duties.''.

SEC. 2033. FALSE CERTIFICATIONS RELATING TO EXPORTS.

    (a) In General.--Chapter 27 of title 18, United States Code, as 
amended by section 2021(a) of this Act, is amended by adding at the end 
the following:
``Sec. 556. False certifications relating to exports
    ``Whoever knowingly transmits in interstate or foreign commerce any 
false or fraudulent certificate of origin, invoice, declaration, 
affidavit, letter, paper, or statement (whether written or otherwise), 
that represents explicitly or implicitly that goods, wares, or 
merchandise to be exported qualify for purposes of any international 
trade agreement to which the United States is a signatory shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
    (b) Clerical Amendment.--The analysis for chapter 27 of title 18, 
United States Code, is amended by adding at the end the following:

``556. False certifications relating to exports.''.

        PART IV--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

SEC. 2041. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' means conduct that would be--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties--
                    ``(A) to extradite alleged offenders found in the 
                territory of the parties; or
                    ``(B) submit the case to the competent authorities 
                of the parties for prosecution; or
            ``(2) conduct that, if that conduct occurred in the United 
        States, would constitute--
                    ``(A) a crime of violence (as defined in section 
                16);
                    ``(B) the distribution, manufacture, importation, 
                or exportation of a controlled substance (as defined in 
                section 201 of the Controlled Substances Act (21 U.S.C. 
                802));
                    ``(C) bribery of a public official or 
                misappropriation, embezzlement, or theft of public 
                funds by or for the benefit of a public official;
                    ``(D) obstruction of justice, including payment of 
                bribes to jurors or witnesses;
                    ``(E) the laundering of monetary instruments, as 
                described in section 1956, if the value of the monetary 
                instruments involved exceeds $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the aggregate value of property that is the 
                object of all of the offenses related to the conduct 
                exceeds $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities, or other items counterfeited have an 
                apparent value that exceeds $100,000;
                    ``(H) a conspiracy or attempt to commit any of the 
                offenses described in any of subparagraphs (A) through 
                (G), or aiding and abetting a person who commits any 
                such offense; or
                    ``(I) a crime against children under chapter 109A 
                or section 2251, 2251A, 2252, or 2252A.
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and an extradition treaty between the United States 
        and the foreign government is in force, but the treaty does not 
        provide for extradition for the offense with which the person 
        has been charged or for which the person has been convicted, 
        the Attorney General may authorize the filing of a complaint 
        for extradition pursuant to subsections (c) and (d).
            ``(2) Filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), the procedures contained in 
                sections 3184 and 3186 and the terms of the relevant 
                extradition treaty shall apply as if the offense were a 
                crime provided for by the treaty, in a manner 
                consistent with section 3184.
    ``(c) Criteria for Authorization of Complaints.--
            ``(1) In general.--The Attorney General may authorize the 
        filing of a complaint under subsection (b) only upon a 
        certification--
                    ``(A) by the Attorney General, that in the judgment 
                of the Attorney General--
                            ``(i) the offense for which extradition is 
                        sought is a serious offense; and
                            ``(ii) submission of the extradition 
                        request would be important to the law 
                        enforcement interests of the United States or 
                        otherwise in the interests of justice; and
                    ``(B) by the Secretary of State, that in the 
                judgment of the Secretary of State, submission of the 
                request would be consistent with the foreign policy 
                interests of the United States.
            ``(2) Factors for consideration.--In making any 
        certification under paragraph (1)(B), the Secretary of State 
        may consider whether the facts and circumstances of the request 
        then known appear likely to present any significant impediment 
        to the ultimate surrender of the person who is the subject of 
        the request for extradition, if that person is found to be 
        extraditable.
    ``(d) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Applicability of relevant treaty.--With respect to a 
        case described in paragraph (1), a provision regarding 
        provisional arrest in the relevant treaty shall apply.
            ``(3) Filing and effect of filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                this subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Issuance of orders.--Upon the filing of a 
                complaint under this subsection, the appropriate 
                judicial officer may issue an order for the provisional 
                arrest and detention of the person as provided in 
                section 3184.
    ``(e) Conditions of Surrender; Assurances.--
            ``(1) In general.--Before issuing a warrant of surrender 
        under section 3184 or 3186, the Secretary of State may--
                    ``(A) impose conditions upon the surrender of the 
                person that is the subject of the warrant; and
                    ``(B) require those assurances of compliance with 
                those conditions as are determined by the Secretary to 
                be appropriate.
            ``(2) Additional assurances.--
                    ``(A) In general.--In addition to imposing 
                conditions and requiring assurances under paragraph 
(1), the Secretary of State shall demand, as a condition of the 
extradition of the person in every case, an assurance described in 
subparagraph (B) that the Secretary determines to be satisfactory.
                    ``(B) Description of assurances.--An assurance 
                described in this subparagraph is an assurance that the 
                person that is sought for extradition shall not be 
                tried or punished for an offense other than that for 
                which the person has been extradited, absent the 
                consent of the United States.''.

SEC. 2042. EXTRADITION ABSENT A TREATY.

    Chapter 209 of title 18, United States Code, as amended by section 
2041 of this Act, is amended by adding at the end the following:
``Sec. 3198. Extradition absent a treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' has the meaning given that term in section 3197(a).
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and no extradition treaty is in force between the 
        United States and the foreign government, the Attorney General 
        may authorize the filing of a complaint for extradition 
        pursuant to subsections (c) and (d).
            ``(2) Filing and treatment of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), procedures of sections 3184 
                and 3186 shall be followed as if the offense were a 
                `crime provided for by such treaty' as described in 
                section 3184.
    ``(c) Criteria for Authorization of Complaints.--The Attorney 
General may authorize the filing of a complaint described in subsection 
(b) only upon a certification--
            ``(1) by the Attorney General, that in the judgment of the 
        Attorney General--
                    ``(A) the offense for which extradition is sought 
                is a serious offense; and
                    ``(B) submission of the extradition request would 
                be important to the law enforcement interests of the 
                United States or otherwise in the interests of justice; 
                and
            ``(2) by the Secretary of State, that in the judgment of 
        the certifying official, based on information then known--
                    ``(A) submission of the request would be consistent 
                with the foreign policy interests of the United States;
                    ``(B) the facts and circumstances of the request, 
                including humanitarian considerations, do not appear 
                likely to present a significant impediment to the 
                ultimate surrender of the person if found extraditable; 
                and
                    ``(C) the foreign government submitting the request 
                is not submitting the request in order to try or punish 
                the person sought for extradition primarily on the 
                basis of the race, religion, nationality, or political 
                opinions of that person.
    ``(d) Limitations on Delegation.--
            ``(1) Delegation by attorney general.--The authorities and 
        responsibilities of the Attorney General under subsection (c) 
        may be delegated only to the Deputy Attorney General.
            ``(2) Delegation.--The authorities and responsibilities of 
        the Secretary of State set forth in this subsection may be 
        delegated only to the Deputy Secretary of State.
    ``(e) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Filing of complaints; order by judicial officer.--
                    ``(A) Filing.--A complaint filed under this 
                subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Orders.--Upon the filing of a complaint under 
                subparagraph (A), the appropriate judicial officer may 
                issue an order for the provisional arrest and detention 
                of the person.
                    ``(C) Releases.--If, not later than 45 days after 
                the arrest, the formal request for extradition and 
                documents in support of that are not received by the 
                Department of State, the appropriate judicial officer 
                may order that a person detained pursuant to this 
                subsection be released from custody.
    ``(f) Hearings.--
            ``(1) In general.--Subject to subsection (h), upon the 
        filing of a complaint for extradition and receipt of documents 
        or other proof in support of the request of a foreign 
        government for extradition, the appropriate judicial officer 
        shall hold a hearing to determine whether the person sought for 
        extradition is extraditable.
            ``(2) Criteria for extradition.--Subject to subsection (g) 
        in a hearing conducted under paragraph (1), the judicial 
        officer shall find a person extraditable if the officer finds--
                    ``(A) probable cause to believe that the person 
                before the judicial officer is the person sought in the 
                foreign country of the requesting foreign government;
                    ``(B) probable cause to believe that the person 
                before the judicial officer committed the offense for 
                which that person is sought, or was duly convicted of 
                that offense in the foreign country of the requesting 
                foreign government;
                    ``(C) that the conduct upon which the request for 
                extradition is based, if that conduct occurred within 
                the United States, would be a serious offense 
                punishable by imprisonment for more than 10 years under 
                the laws of--
                            ``(i) the United States;
                            ``(ii) the majority of the States in the 
                        United States; or
                            ``(iii) of the State in which the fugitive 
                        is found; and
                    ``(D) no defense to extradition under subsection 
                (g) has been established.
    ``(g) Limitation of Extradition.--
            ``(1) In general.--A judicial officer shall not find a 
        person extraditable under this section if the person has 
        established that the offense for which extradition is sought 
        is--
                    ``(A) an offense for which the person is being 
                proceeded against, or has been tried or punished, in 
                the United States; or
                    ``(B) a political offense.
            ``(2) Political offenses.--For purposes of this section, a 
        political offense does not include--
                    ``(A) a murder or other violent crime against the 
                person of a head of state of a foreign state, or of a 
                member of the family of the head of state;
                    ``(B) an offense for which both the United States 
                and the requesting foreign government have the 
                obligation pursuant to a multilateral international 
                agreement to--
                            ``(i) extradite the person sought; or
                            ``(ii) submit the case to the competent 
                        authorities for decision as to prosecution; or
                    ``(C) a conspiracy or attempt to commit any of the 
                offenses referred to in subparagraph (A) or (B), or 
                aiding or abetting a person who commits or attempts to 
                commit any such offenses.
    ``(h) Limitations on Factors for Consideration at Hearings.--
            ``(1) In general.--At a hearing conducted under subsection 
        (a), the judicial officer conducting the hearing shall not 
        consider issues regarding--
                    ``(A) humanitarian concerns;
                    ``(B) the nature of the judicial system of the 
                requesting foreign government; and
                    ``(C) whether the foreign government is seeking 
                extradition of a person for the purpose of prosecuting 
                or punishing the person because of the race, religion, 
                nationality or political opinions of that person.
            ``(2) Consideration by secretary of state.--The issues 
        referred to in paragraph (1) shall be reserved for 
        consideration exclusively by the Secretary of State as 
        described in subsection (c)(2).
            ``(3) Additional consideration.--Notwithstanding the 
        certification requirements described in subsection (c)(2), the 
        Secretary of State may, within the sole discretion of the 
        Secretary--
                    ``(A) in addition to considering the issues 
                referred to in paragraph (1) for purposes of certifying 
                the filing of a complaint under this section, consider 
                those issues again in exercising authority to surrender 
                the person sought for extradition in carrying out the 
                procedures under section 3184 and 3186; and
                    ``(B) impose conditions on surrender including 
                those provided in subsection (i).
    ``(i) Conditions of Surrender; Assurances.--
            ``(1) In general.--The Secretary of State may--
                    ``(A) impose conditions upon the surrender of a 
                person sought for extradition under this section; and
                    ``(B) require such assurances of compliance with 
                those conditions as the Secretary determines to be 
                appropriate.
            ``(2) Additional assurances.--In addition to imposing 
        conditions and requiring assurances under paragraph (1), the 
        Secretary shall demand, as a condition of the extradition of 
        the person that is sought for extradition--
                    ``(A) in every case, an assurance the Secretary 
                determines to be satisfactory that the person shall not 
                be tried or punished for an offense other than the 
                offense for which the person has been extradited, 
                absent the consent of the United States; and
                    ``(B) in a case in which the offense for which 
                extradition is sought is punishable by death in the 
                foreign country of the requesting foreign government 
                and is not so punishable under the applicable laws in 
                the United States, an assurance the Secretary 
                determines to be satisfactory that the death penalty--
                            ``(i) shall not be imposed; or
                            ``(ii) if imposed, shall not be carried 
                        out.''.

SEC. 2043. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Chapter 209 of title 18, United States Code, is 
amended--
            (1) in section 3181, by inserting ``, other than sections 
        3197 and 3198,'' after ``The provisions of this chapter'' each 
        place that term appears; and
            (2) in section 3186, by striking ``or 3185'' and inserting 
        ``, 3185, 3197, or 3198''.
    (b) Clerical Amendment.--The analysis for chapter 209 of title 18, 
United States Code, is amended by adding at the end the following:

``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.

SEC. 2044. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.

    (a) In General.--Chapter 306 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Authority of Attorney General With Respect to Temporary 
Transfers.--
            ``(1) In general.--Subject to subsection (d), if a person 
        is in pretrial detention or is otherwise being held in custody 
        in a foreign country based upon a violation of the law in that 
        foreign country, and that person is found extraditable to the 
        United States by the competent authorities of that foreign 
        country while still in the pretrial detention or custody, the 
        Attorney General shall have the authority--
                    ``(A) to request the temporary transfer of that 
                person to the United States in order to face 
                prosecution in a Federal or State criminal proceeding;
                    ``(B) to maintain the custody of that person while 
                the person is in the United States; and
                    ``(C) to return that person to the foreign country 
                at the conclusion of the criminal prosecution, 
                including any imposition of sentence.
            ``(2) Requirements for requests by attorney general.--The 
        Attorney General shall make a request under paragraph (1) only 
        if the Attorney General determines, after consultation with the 
        Secretary of State, that the return of that person to the 
        foreign country in question would be consistent with 
        international obligations of the United States.
    ``(c) Authority of Attorney General With Respect to Pretrial 
Detentions.--
            ``(1) In general.--
                    ``(A) Authority of attorney general.--Subject to 
                paragraph (2) and subsection (d), the Attorney General 
                shall have the authority to carry out the actions 
                described in subparagraph (B), if--
                            ``(i) a person is in pretrial detention or 
                        is otherwise being held in custody in the 
                        United States based upon a violation of Federal 
                        or State law, and that person is found 
                        extraditable to a foreign country while still 
                        in the pretrial detention or custody pursuant 
                        to section 3184, 3197, or 3198; and
                            ``(ii) a determination is made by the 
                        Secretary of State and the Attorney General 
                        that the person will be surrendered.
                    ``(B) Actions.--If the conditions described in 
                subparagraph (A) are met, the Attorney General shall 
                have the authority to--
                            ``(i) temporarily transfer the person 
                        described in subparagraph (A) to the foreign 
                        country of the foreign government requesting 
                        the extradition of that person in order to face 
                        prosecution;
                            ``(ii) transport that person from the 
                        United States in custody; and
                            ``(iii) return that person in custody to 
                        the United States from the foreign country.
            ``(2) Consent by state authorities.--If the person is being 
        held in custody for a violation of State law, the Attorney 
        General may exercise the authority described in paragraph (1) 
        if the appropriate State authorities give their consent to the 
        Attorney General.
            ``(3) Criterion for request.--The Attorney General shall 
        make a request under paragraph (1) only if the Attorney General 
        determines, after consultation with the Secretary of State, 
        that the return of the person sought for extradition to the 
        foreign country of the foreign government requesting the 
        extradition would be consistent with United States 
        international obligations.
            ``(4) Effect of temporary transfer.--With regard to any 
        person in pretrial detention--
                    ``(A) a temporary transfer under this subsection 
                shall result in an interruption in the pretrial 
                detention status of that person; and
                    ``(B) the right to challenge the conditions of 
                confinement pursuant to section 3142(f) does not extend 
                to the right to challenge the conditions of confinement 
                in a foreign country while in that foreign country 
                temporarily under this subsection.
    ``(d) Consent by Parties To Waive Prior Finding of Whether a Person 
Is Extraditable.--The Attorney General may exercise the authority 
described in subsections (b) and (c) absent a prior finding that the 
person in custody is extraditable, if the person, any appropriate State 
authorities in a case under subsection (c), and the requesting foreign 
government give their consent to waive that requirement.
    ``(e) Return of Persons.--
            ``(1) In general.--If the temporary transfer to or from the 
        United States of a person in custody for the purpose of 
        prosecution is provided for by this section, that person shall 
        be returned to the United States or to the foreign country from 
        which the person is transferred on completion of the 
        proceedings upon which the transfer was based.
            ``(2) Statutory interpretation with respect to immigration 
        laws.--In no event shall the return of a person under paragraph 
        (1) require extradition proceedings or proceedings under the 
        immigration laws.
            ``(3) Certain rights and remedies barred.--Notwithstanding 
        any other provision of law, a person temporarily transferred to 
        the United States pursuant to this section shall not be 
        entitled to apply for or obtain any right or remedy under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
        including the right to apply for or be granted asylum or 
        withholding of deportation.''.
    (b) Clerical Amendment.--The analysis for chapter 306 of title 18, 
United States Code, is amended by adding at the end the following:

``4116. Temporary transfer for prosecution.''.

SEC. 2045. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
    ``A person may not use the resources of the courts of the United 
States in furtherance of a claim in any related civil forfeiture action 
or a claim in third party proceedings in any related criminal 
forfeiture action if that person--
            ``(1) purposely leaves the jurisdiction of the United 
        States;
            ``(2) declines to enter or reenter the United States to 
        submit to its jurisdiction; or
            ``(3) otherwise evades the jurisdiction of the court in 
        which a criminal case is pending against the person.''.
    (b) Clerical Amendment.--The analysis for chapter 163 of title 28, 
United States Code, is amended by adding at the end the following:

``2466. Fugitive disentitlement.''.

SEC. 2046. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY 
              OF ORIGIN.

    Section 4100(b) of title 18, United States Code, is amended in the 
third sentence by striking ``An offender'' and inserting ``Unless 
otherwise provided by treaty, an offender''.

SEC. 2047. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.

    (a) In General.--Chapter 305 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a 
              foreign country
    ``(a) In General.--The Attorney General may, in consultation with 
the Secretary of State, permit the temporary transit through the United 
States of a person wanted for prosecution or imposition of sentence in 
a foreign country.
    ``(b) Limitation on Judicial Review.--A determination by the 
Attorney General to permit or not to permit a temporary transit 
described in subsection (a) shall not be subject to judicial review.
    ``(c) Custody.--If the Attorney General permits a temporary transit 
under subsection (a), Federal law enforcement personnel may hold the 
person subject to that transit in custody during the transit of the 
person through the United States.
    ``(d) Conditions Applicable to Persons Subject to Temporary 
Transit.--Notwithstanding any other provision of law, a person who is 
subject to a temporary transit through the United States under this 
section shall--
            ``(1) be required to have only such documents as the 
        Attorney General shall require;
            ``(2) not be considered to be admitted or paroled into the 
        United States; and
            ``(3) not be entitled to apply for or obtain any right or 
        remedy under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.), including the right to apply for or be granted asylum 
        or withholding of deportation.''.
    (b) Clerical Amendment.--The analysis for chapter 305 of title 18, 
United States Code, is amended by adding at the end the following:

``4087. Transit through the United States of persons wanted in a 
                            foreign country.''.

    PART V--SEIZING AND FORFEITING ASSETS OF INTERNATIONAL CRIMINALS

SEC. 2051. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING 
              ORDERS.

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

SEC. 2052. CRACKING DOWN ON ILLEGAL MONEY TRANSMITTING BUSINESSES.

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

SEC. 2053. EXPANSION OF CIVIL MONEY LAUNDERING LAWS TO REACH FOREIGN 
              PERSONS.

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

SEC. 2054. PUNISHMENT OF MONEY LAUNDERING THROUGH FOREIGN BANKS.

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

SEC. 2055. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN PROPERTY 
              LOCATED ABROAD.

    (a) Order of Forfeiture.--Subsection (p) of section 413 of the 
Controlled Substances Act (21 U.S.C. 853) is amended by adding at the 
end the following: ``In the case of property described in paragraph 
(3), the court may, in addition, order the defendant to return the 
property to the jurisdiction of the court so that the property may be 
seized and forfeited.''.
    (b) Pretrial Restraining Order.--Subsection (e) of that section is 
amended by adding at the end the following:
    ``(4)(A) Pursuant to its authority to enter a pretrial restraining 
order under this section, including its authority to restrain any 
property forfeitable as substitute assets, the court may also order the 
defendant to repatriate any property subject to forfeiture pending 
trial, and to deposit that property in the registry of the court, or 
with the United States Marshals Service or the Secretary of the 
Treasury, in an interest-bearing account.
    ``(B) Failure to comply with an order under this subsection, or an 
order to repatriate property under subsection (p), shall be punishable 
as a civil or criminal contempt of court, and may also result in an 
enhancement of the sentence for the offense giving rise to the 
forfeiture under the obstruction of justice provision of section 3C1.1 
of the Federal Sentencing Guidelines.''.

SEC. 2056. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM UNNECESSARY 
              DISCLOSURE.

    (a) IEEPA.--Section 203(a) of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
    ``(3) Information obtained under this title, whether obtained 
before or after the date of the enactment of this paragraph, may be 
withheld only to the extent permitted by statute, except that 
information submitted, obtained, or considered in connection with any 
transaction prohibited under this title, including license 
applications, licenses or other authorizations, information or evidence 
obtained in the course of any investigation, and information obtained 
or furnished under this title in connection with international 
agreements, treaties, or obligations shall be withheld from public 
disclosure, and shall not be subject to disclosure under section 552 of 
title 5, United States Code, unless the release of the information is 
determined by the President to be in the national interest.''.
    (b) Trading With the Enemy Act.--Section 5(b) of the Trading with 
the enemy Act (50 U.S.C. App. 5(b)) is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively; and
            (2) by inserting after paragraph (1) the following:
    ``(2) Information obtained under this Act, whether obtained before 
or after the date of the enactment of this paragraph, may be withheld 
only to the extent permitted by statute, except that information 
submitted, obtained, or considered in connection with any transaction 
prohibited under this Act, including license applications, licenses or 
other authorizations, information or evidence obtained in the course of 
any investigation, and information obtained or furnished under this 
title in connection with international agreements, treaties, or 
obligations shall be withheld from public disclosure, and shall not be 
subject to disclosure under section 552 of title 5, United States Code, 
unless the release of the information is determined by the President to 
be in the national interest.''.

SEC. 2057. CRIMINAL AND CIVIL PENALTIES UNDER THE INTERNATIONAL 
              EMERGENCY ECONOMIC POWERS ACT.

    (a) Increased Civil Penalty.--Subsection (a) of section 206 of the 
International Emergency Economic Powers Act (50 U.S.C. 1705) is amended 
by striking ``$10,000'' and inserting ``$50,000''.
    (b) Increased Criminal Fine.--Subsection (b) of that section is 
amended to read as follows:
    ``(b) Whoever willfully violates any license, order, or regulation 
issued under this title shall be fined not more that $1,000,000 if an 
organization (as defined in section 18 of title 18, United States 
Code), and not more than $250,000, imprisoned not more that 10 years, 
or both, if an individual.''.

SEC. 2058. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.

    Section 16 of the Trading with the enemy Act (50 U.S.C. App. 16) is 
amended--
            (1) in subsection (a), by inserting ``or attempt to 
        violate'' after ``violate'' each time it appears; and
            (2) in subsection (b)(1), by inserting ``or attempts to 
        violate'' after ``violates''.

SEC. 2059. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.

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

      PART VI--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

SEC. 2071. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.

    (a) In General.--Chapter 117 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1785. Assistance to foreign authorities
    ``(a) In General.--
            ``(1) Presentation of requests.--The Attorney General may 
        present a request made by a foreign government for assistance 
        with respect to a foreign investigation, prosecution, or 
        proceeding regarding a criminal matter pursuant to a treaty, 
        convention, or executive agreement for mutual legal assistance 
        between the United States and that government or in accordance 
        with section 1782, the execution of which requires or appears 
        to require the use of compulsory measures in more than 1 
        judicial district, to a judge or judge magistrate of--
                    ``(A) any 1 of the districts in which persons who 
                may be required to appear to testify or produce 
                evidence or information reside or are found, or in 
                which evidence or information to be produced is 
                located; or
                    ``(B) the United States District Court for the 
                District of Columbia.
            ``(2) Authority of court.--A judge or judge magistrate to 
        whom a request for assistance is presented under paragraph (1) 
        shall have the authority to issue those orders necessary to 
        execute the request including orders appointing a person to 
        direct the taking of testimony or statements and the production 
        of evidence or information, of whatever nature and in whatever 
        form, in execution of the request.
    ``(b) Authority of Appointed Persons.--A person appointed under 
subsection (a)(2) shall have the authority to--
            ``(1) issue orders for the taking of testimony or 
        statements and the production of evidence or information, which 
        orders may be served at any place within the United States;
            ``(2) administer any necessary oath; and
            ``(3) take testimony or statements and receive evidence and 
        information.
    ``(c) Persons Ordered To Appear.--A person ordered pursuant to 
subsection (b)(1) to appear outside the district in which that person 
resides or is found may, not later than 10 days after receipt of the 
order--
            ``(1) file with the judge or judge magistrate who 
        authorized execution of the request a motion to appear in the 
        district in which that person resides or is found or in which 
        the evidence or information is located; or
            ``(2) provide written notice, requesting appearance in the 
        district in which the person resides or is found or in which 
        the evidence or information is located, to the person issuing 
        the order to appear, who shall advise the judge or judge 
        magistrate authorizing execution.
    ``(d) Transfer of Requests.--
            ``(1) In general.--The judge or judge magistrate may 
        transfer a request under subsection (c), or that portion 
        requiring the appearance of that person, to the other district 
        if--
                    ``(A) the inconvenience to the person is 
                substantial; and
                    ``(B) the transfer is unlikely to adversely affect 
                the effective or timely execution of the request or a 
                portion thereof.
            ``(2) Execution.--Upon transfer, the judge or judge 
        magistrate to whom the request or a portion thereof is 
        transferred shall complete its execution in accordance with 
        subsections (a) and (b).''.
    (b) Clerical Amendment.--The analysis for chapter 117 of title 28, 
United States Code, is amended by adding at the end the following:

``1785. Assistance to foreign authorities.''.

SEC. 2072. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

    (a) In General.--Section 3508 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
            (2) in subsection (a), by inserting ``In General.--'' after 
        ``(a)''; and
            (3) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Transfer Authority.--
            ``(1) In general.--If the testimony of a person who is 
        serving a sentence, in pretrial detention, or otherwise being 
        held in custody in the United States, is needed in a foreign 
        criminal proceeding, the Attorney General shall have the 
        authority to--
                    ``(A) temporarily transfer that person to the 
                foreign country for the purpose of giving the 
                testimony;
                    ``(B) transport that person from the United States 
                in custody;
                    ``(C) make appropriate arrangements for custody for 
                that person while outside the United States; and
                    ``(D) return that person in custody to the United 
                States from the foreign country.
            ``(2) Persons held for state law violations.--If the person 
        is being held in custody for a violation of State law, the 
        Attorney General may exercise the authority described in this 
        subsection if the appropriate State authorities give their 
        consent.
    ``(c) Return of Persons Transferred.--
            ``(1) In general.--If the transfer to or from the United 
        States of a person in custody for the purpose of giving 
        testimony is provided for by treaty or convention, by this 
        section, or both, that person shall be returned to the United 
        States, or to the foreign country from which the person is 
        transferred.
            ``(2) Limitation.--In no event shall the return of a person 
        under this subsection require any request for extradition or 
        extradition proceedings, or require that person to be subject 
        to deportation or exclusion proceedings under the laws of the 
        United States, or the foreign country from which the person is 
        transferred.
    ``(d) Applicability of International Agreements.--If there is an 
international agreement between the United States and the foreign 
country in which a witness is being held in custody or to which the 
witness will be transferred from the United States, that provides for 
the transfer, custody, and return of those witnesses, the terms and 
conditions of that international agreement shall apply. If there is no 
such international agreement, the Attorney General may exercise the 
authority described in subsections (a) and (b) if both the foreign 
country and the witness give their consent.
    ``(e) Rights of Persons Transferred.--
            ``(1) Notwithstanding any other provision of law, a person 
        held in custody in a foreign country who is transferred to the 
        United States pursuant to this section for the purpose of 
        giving testimony--
                    ``(A) shall not by reason of that transfer, during 
                the period that person is present in the United States 
                pursuant to that transfer, be entitled to apply for or 
                obtain any right or remedy under the Immigration and 
                Nationality Act, including the right to apply for or be 
                granted asylum or withholding of deportation or any 
                right to remain in the United States under any other 
                law; and
                    ``(B) may be summarily removed from the United 
                States upon order of the Attorney General.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to create any substantive or procedural right or 
        benefit to remain in the United States that is legally 
        enforceable in a court of law of the United States or of a 
        State by any party against the United States or its agencies or 
        officers.
    ``(f) Consistency With International Obligations.--The Attorney 
General shall not take any action under this section to transfer or 
return a person to a foreign country unless the Attorney General 
determines, after consultation with the Secretary of State, that 
transfer or return would be consistent with the international 
obligations of the United States. A determination by the Attorney 
General under this subsection shall not be subject to judicial review 
by any court.''.
    (b) Clerical Amendment.--The analysis for chapter 223 of title 18, 
United States Code, is amended by striking the item relating to section 
3508 and inserting the following:

``3508. Temporary transfer of witnesses in custody.''.

SEC. 2073. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.

    Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2420(b)) is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(7) with respect to assistance, including training, 
        provided for antiterrorism purposes.''.

SEC. 2074. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.

    Section 524(c)(1) of title 28, United States Code, is amended by--
            (1) by striking ``and'' at the end of subparagraph (H);
            (2) redesignating subparagraph (I) beginning with ``after 
        all'' as subparagraph (J);
            (3) in subparagraph (J) as so redesignated, by striking the 
        period and inserting ``; and''; and
            (4) adding at the end the following:
                    ``(K) at the discretion of the Attorney General, 
                payments to return forfeited property repatriated to 
                the United States by a foreign government or others 
                acting at the direction of a foreign government, and 
                interest earned on the property, if--
                            ``(i) a final foreign judgment entered 
                        against a foreign government or those acting at 
                        its direction, which foreign judgment was based 
                        on the measures, such as seizure and 
                        repatriation of property, that resulted in 
                        deposit of the funds into the Fund;
                            ``(ii) the foreign judgment was entered and 
                        presented to the Attorney General not later 
                        than 5 years after the date on which the 
                        property was repatriated to the United States;
                            ``(iii) the foreign government or those 
                        acting at its direction vigorously defended its 
                        actions under its own laws; and
                            ``(iv) the amount of the disbursement does 
                        not exceed the amount of funds deposited to the 
                        Fund, plus interest earned on those funds 
                        pursuant to paragraph (5), less any awards and 
                        equitable shares paid by the Fund to the 
                        foreign government or those acting at its 
                        direction in connection with a particular 
                        case.''.

                Subchapter B--International Drug Control

SEC. 2101. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT AND DRUG PRODUCING 
              COUNTRIES.

    Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) 
is amended by adding at the end the following:
    ``(i) Country Plans for Major Drug-Transit and Major Illicit Drug 
Producing Countries.--
            ``(1) Annual requirement.--Not later than November 1 each 
        year, the President shall submit to Congress a separate plan 
        for the activities to be undertaken by the United States in 
        order to address drug-trafficking and other drug-related 
        matters in each country described in paragraph (2).
            ``(2) Covered countries.--A country referred to in 
        paragraph (1) is any country--
                    ``(A) that is determined by the President to be a 
                major drug-transit country or a major illicit drug 
                producing country; and
                    ``(B) with which the United States is maintaining 
                diplomatic relations.
            ``(3) Form.--Each plan under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.''.

SEC. 2102. PROHIBITION ON USE OF FUNDS FOR COUNTERNARCOTICS ACTIVITIES 
              AND ASSISTANCE.

    (a) Prohibition.--Notwithstanding any other provision of law, no 
funds appropriated for any fiscal year after fiscal year 1999 for the 
counterdrug or counternarcotics activities of the United States 
(including funds appropriated for assistance to other countries for 
such activities) may be obligated or expended for such activities 
during the period beginning on November 1 of such fiscal year and 
ending on the later of--
            (1) the date of the notification required in such fiscal 
        year under subsection (h) of section 490 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2291j); or
            (2) the date of the submittal of the plans required by 
        subsection (i) of that section, as amended by section 2101 of 
        this Act.
    (b) Limitation on Override.--No provision of law enacted after the 
date of the enactment of this Act may be construed to override the 
prohibition set forth in subsection (a) unless such provision 
specifically refers to such prohibition in effecting the override.

SEC. 2103. SENSE OF CONGRESS REGARDING COLOMBIA.

    It is the sense of Congress--
            (1) that the provision of counternarcotics assistance to 
        Colombia will not meet the purpose of the provision of such 
        assistance without meaningful guarantees that no production, 
        manufacturing, or transportation of narcotics takes place in 
        any area in Colombia designated as a so-called ``buffer zone'';
            (2) to be concerned regarding continuing reports of human 
        rights violations by units of the Colombia military; and
            (3) to reaffirm the policy that no aid, supplies, or other 
        assistance should be provided to any military or law 
        enforcement unit of a foreign country if such unit has engaged 
        in any violation of human rights.

SEC. 2104. SENSE OF CONGRESS REGARDING MEXICO.

    It is the sense of Congress that--
            (1) the United States and the Government of Mexico should 
        conclude a maritime agreement for purposes of improving 
        cooperation between the United States and Mexico in the 
        interdiction of seaborne drug smuggling;
            (2) the maritime agreement should be similar to agreements 
        between the United States and governments of other countries in 
        the Caribbean and Latin America which have proven beneficial to 
        the counterdrug activities of the countries concerned;
            (3) the Government of Mexico should carry through on its 
        promises to the United States Government regarding cooperation 
        between such governments in counternarcotics activities, 
        including cooperation in matters relating to extradition, 
        prosecutions for money laundering, and other matters;
            (4) the Government of Mexico is to be commended for its 
        cooperation with and support of the United States Government in 
        many law enforcement matters; and
            (5) the continuing investigation by the Government of 
        Mexico of United States law enforcement personnel who 
        participated in the money laundering sting operation known as 
        CASABLANCA is an attempt by that government to embarrass and 
        harass such personnel even though such personnel were acting 
        within the scope of United States law and Mexican law in 
        pursuing drug traffickers and money launderers operating both 
        in the United States and in Mexico.

SEC. 2105. SENSE OF CONGRESS REGARDING IRAN.

    It is the sense of Congress to express concern that Iran was not 
included on the most recent list of countries determined to be major 
drug-transit countries or major illicit drug producing countries 
despite recent evidence that Iran is a production and transfer point 
for narcotics.

SEC. 2106. SENSE OF CONGRESS REGARDING SYRIA.

    It is the sense of Congress to express concern that Syria was not 
included on the most recent list of countries determined to be major 
drug-transit countries or major illicit drug producing countries 
despite recent evidence that Syria is a trans-shipment point for 
narcotics from Turkey and from Afghanistan.

SEC. 2107. BRAZIL.

    (a) King Air Aircraft for DEA Activities in Brazil.--
Notwithstanding any other provision of law, the Administrator of the 
Drug Enforcement Administration may--
            (1) purchase a King Air aircraft for purposes of 
        Administration activities in Brazil; and
            (2) station the aircraft in Brazil for purposes of such 
        activities.
    (b) Sense of Congress Regarding Assistance to Brazil.--It is the 
sense of Congress--
            (1) to encourage the President to review the nature of the 
        cooperation between the United States and Brazil in 
        counternarcotics activities;
            (2) to recognize the extraordinary threat that narcotics 
        trafficking poses to the national security of Brazil and to the 
        national security of the United States;
            (3) to applaud the efforts of the Brazil Government to 
        control drug trafficking in and through the Amazon River basin;
            (4) to applaud the enactment of legislation by the Brazil 
        Congress that--
                    (A) authorizes appropriate personnel to damage, 
                render inoperative, or destroy aircraft within Brazil 
                territory that are reasonably suspected to be engaged 
                primarily in trafficking in illicit narcotics; and
                    (B) contains measures to protect against the loss 
                of innocent life during activities referred to in 
                subparagraph (A), including an effective measure to 
                identify and warn aircraft before the use of force; and
            (5) to urge the President to issue a statement outlining 
        the matters referred to in paragraphs (1) through (4) in order 
        to prevent any interruption in the current provision by the 
        United States of operational, logistical, technical, 
        administrative, and intelligence assistance to Brazil.

SEC. 2108. JAMAICA.

    (a) Requirement for Aerial Survey.--The President shall take 
appropriate actions in order to provide for a comprehensive aerial 
survey of Jamaica for purposes of determining the quantity and location 
of any marijuana and other illegal drugs being grown in Jamaica.
    (b) Sense of Congress.--It is the sense of Congress to express 
disappointment regarding the lack of progress and cooperation between 
the United States and Jamaica in counternarcotics activities.

SEC. 2109. SENSE OF CONGRESS REGARDING NORTH KOREA.

    It is the sense of Congress--
            (1) to be concerned with the increase in the number of 
        reports of drug trafficking in and through North Korea;
            (2) to encourage the President to submit to Congress the 
        reports, if any, required by law regarding the production and 
        trafficking of narcotics in or through North Korea; and
            (3) to express concern that the Department of State has 
        evaded its obligations with respect to North Korea under 
        section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291j), and thereby diminished the significance to the United 
        States of narcotics production and transit in and through North 
        Korea, in order to enhance cultural exchanges between the 
        United States and North Korea.

          Subchapter C--Foreign Military Counter-Drug Support

SEC. 2121. REPORTS AND ANALYSIS.

    (a) Monthly Report.--The Secretary of State and the Secretary of 
Defense shall submit to the Committee on International Relations and 
the Committee on National Security of the House of Representatives and 
the Committee on Foreign Relations and the Committee on Armed Services 
of the Senate each month a report on the current status of any formal 
letter of request for any foreign military sales of counter narcotics-
related assistance from the head of any police, military, or other 
appropriate security agency official in an Andean Country. Each report 
shall include--
            (1) the date the initial request was made;
            (2) the current status of the request;
            (3) the remaining approvals needed to process the request;
            (4) the date that the request has been approved by all 
        relevant departments and agencies; and
            (5) the expected delivery time for the requested material.
    (b) Analysis.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of State shall review and forward to 
Congress an analysis of the current foreign military sales program. 
This review shall focus on--
            (1) what, if any, are the current delays in the foreign 
        military sales program;
            (2) the manner in which the program can be streamlined;
            (3) the manner in which the efficiency of processing 
        requested equipment can be increased; and
            (4) what, if any, legislative changes are necessary to 
        improve the program so that the time from request to delivery 
        is minimized.

   Subchapter D--Additional Funding For Source and Interdiction Zone 
                               Countries

SEC. 2131. SOURCE ZONE COUNTRIES.

    In addition to any other amounts available for Colombia, Peru, and 
Bolivia for counternarcotics operations, there is authorized to be 
appropriated--
            (1) $20,000,000 for Peru for each of fiscal years 2000 and 
        2001 for supporting additional surveillance, pursuit of drug 
        aircraft, and general support for counternarcotics operations;
            (2) $75,000,000 for Colombia for each of fiscal years 2000 
        and 2001, for supporting additional surveillance, pursuit of 
        drug aircraft, and general support for counternarcotics 
        operations, including the acquisition of a minimum of 3 
        Blackhawk helicopters and 2 aerostats; and
            (3) $52,000,000 for Bolivia for fiscal year 2000, for 
        counternarcotics programs, including high technology detection 
        equipment for the Chapare region, institution building, and law 
        enforcement support.

SEC. 2132. CENTRAL AMERICA.

    In addition to the other amounts available, whether pursuant to an 
authorization of appropriations in this Act or under any other 
provision of law, for counternarcotics matters for countries in Central 
America, there is authorized to be appropriated $25,000,000 for fiscal 
year 2000 for enhanced efforts in counternarcotics matters by the 
United States Coast Guard, the United States Customs Service, and other 
law enforcement agencies.

                  CHAPTER 2--DOMESTIC LAW ENFORCEMENT

                    Subchapter A--Criminal Offenders

SEC. 2201. DRUG OFFENSES COMMITTED IN THE PRESENCE OF CHILDREN.

    (a) In General.--For the purposes of this section, an offense is 
committed in the presence of a child if--
            (1) it takes place in the line of sight of an individual 
        who has not attained the age of 15 years; or
            (2) an individual who has not attained the age of 15 years 
        habitually resides in the place where the violation occurs.
    (b) Guidelines.--Not later than 120 days after the date of 
enactment of this Act, the United States Sentencing Commission shall 
amend the Federal sentencing guidelines to provide, with respect to an 
offense under part D of the Controlled Substances Act committed in the 
presence of a child--
            (1) a sentencing enhancement of not less than 2 offense 
        levels above the base offense level for the underlying offense 
        or 1 additional year, whichever is greater; and
            (2) in the case of a second or subsequent such offense, a 
        sentencing enhancement of not less than 4 offense levels above 
        the base offense level for the underlying offense, or 2 
additional years, whichever is greater.

SEC. 2202. BORDER DEFENSE.

    (a) Findings.--Congress makes the following findings:
            (1) The Southwest Border of the United States is a major 
        crossing point for more than 60 percent of the cocaine entering 
        the United States from Latin America.
            (2) Drug traffickers are increasingly using violence to 
        threaten local residents, to endanger lives, and destroy 
        property.
            (3) Drug traffickers are creating a law enforcement no-
        man's land to facilitate drug trafficking on the Mexican side 
        of the common border and using extortionate methods, illegal 
        riches, and intimidation to acquire property on the United 
        States side of the border.
            (4) United States law enforcement efforts have been 
        insufficient to protect lives and property or to prevent the 
        use of illegally obtained riches to acquire property.
    (b) Sense of Congress.--It is the sense of Congress that the 
President, in cooperation with the Government of Mexico, should take 
immediate and effective action at and near the United States border 
with Mexico to control violence and other illegal acts directed at the 
respective residents of both countries.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and the Senate a report on--
            (1) what steps are being taken to ensure the safety of 
        United States citizens at and near the United States border 
        with Mexico;
            (2) what steps are being taken to prevent the illegal 
        acquisition of sites and facilities at or near the border by 
        drug traffickers; and
            (3) what further steps need to be taken to ensure the 
        safety and well being of the people of the United States along 
        the United States border with Mexico.

SEC. 2203. CLONE PAGERS.

    (a) In General.--Section 2511(2)(h) of title 18, United States 
Code, is amended by striking clause (i) and inserting the following:
            ``(i) to use a pen register, trap and trace device, or 
        clone pager, as those terms are defined in chapter 206 of this 
        title (relating to pen registers, trap and trace devices, and 
        clone pagers); or'';
    (b) Exception.--Section 3121 of title 18, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in this section, no person 
may install or use a pen register, trap and trace device, or clone 
pager without first obtaining a court order under section 3123 or 3129 
of this title, or under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.).'';
            (2) in subsection (b), by striking ``a pen register or a 
        trap and trace device'' and inserting ``a pen register, trap 
        and trace device, or clone pager''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3121. General prohibition on pen register, trap and trace 
              device, and clone pager use; exception''.
    (c) Assistance.--Section 3124 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to use 
a clone pager under this chapter, a provider of electronic 
communication service shall furnish to such investigative or law 
enforcement officer all information, facilities, and technical 
assistance necessary to accomplish the use of the clone pager 
unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court provides to the subscriber, if such 
assistance is directed by a court order, as provided in section 
3129(b)(2) of this title.''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3124. Assistance in installation and use of a pen register, trap 
              and trace device, or clone pager''.
    (d) Emergency Installations.--Section 3125 of title 18, United 
States Code, is amended--
            (1) by striking ``pen register or a trap and trace device'' 
        and ``pen register or trap and trace device'' each place they 
        appear and inserting ``pen register, trap and trace device, or 
        clone pager'';
            (2) in subsection (a), by striking ``an order approving the 
        installation or use is issued in accordance with section 3123 
        of this title'' and inserting ``an application is made for an 
        order approving the installation or use in accordance with 
        section 3122 or section 3128 of this title'';
            (3) in subsection (b), by adding at the end the following: 
        ``If such application for the use of a clone pager is denied, 
        or in any other case in which the use of the clone pager is 
        terminated without an order having been issued, an inventory 
        shall be served as provided for in section 3129(e) of this 
        title.''; and
            (4) by striking the section heading and inserting the 
        following:
``Sec. 3125. Emergency installation and use of pen register, trap and 
              trace device, and clone pager''.
    (e) Reports.--Section 3126 of title 18, United States Code, is 
amended--
            (1) by striking ``pen register orders and orders for trap 
        and trace devices'' and inserting ``orders for pen registers, 
        trap and trace devices, and clone pagers''; and
            (2) by striking the section heading and inserting the 
        following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices, 
              and clone pagers''.
    (f) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) with respect to an application for the use of 
                a pen register or trap and trace device, a court of 
                general criminal jurisdiction of a State authorized by 
                the law of that State to enter orders authorizing the 
                use of a pen register or a trap and trace device; or
                    ``(C) with respect to an application for the use of 
                a clone pager, a court of general criminal jurisdiction 
                of a State authorized by the law of that State to issue 
                orders authorizing the use of a clone pager;'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(7) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device.''.
    (g) Applications.--Chapter 206 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
    ``(a) Application.--
            ``(1) Federal representatives.--Any attorney for the 
        Government may apply to a court of competent jurisdiction for 
        an order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
            ``(2) State representatives.--A State investigative or law 
        enforcement officer may, if authorized by a State statute, 
        apply to a court of competent jurisdiction of such State for an 
        order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identity of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identity of the law enforcement agency 
        conducting the investigation;
            ``(2) the identity, if known, of the individual or 
        individuals using the numeric display paging device to be 
        cloned;
            ``(3) a description of the numeric display paging device to 
        be cloned;
            ``(4) a description of the offense to which the information 
        likely to be obtained by the clone pager relates;
            ``(5) the identity, if known, of the person who is subject 
        of the criminal investigation; and
            ``(6) an affidavit or affidavits, sworn to before the court 
        of competent jurisdiction, establishing probable cause to 
        believe that information relevant to an ongoing criminal 
        investigation being conducted by that agency will be obtained 
        through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
    ``(a) In General.--Upon an application made under section 3128 of 
this title, the court shall enter an ex parte order authorizing the use 
of a clone pager within the jurisdiction of the court if the court 
finds that the application has established probable cause to believe 
that information relevant to an ongoing criminal investigation being 
conducted by that agency will be obtained through use of the clone 
pager.
    ``(b) Contents of an Order.--An order issued under this section--
            ``(1) shall specify--
                    ``(A) the identity, if known, of the individual or 
                individuals using the numeric display paging device to 
                be cloned;
                    ``(B) the numeric display paging device to be 
                cloned;
                    ``(C) the identity, if known, of the subscriber to 
                the pager service; and
                    ``(D) the offense to which the information likely 
                to be obtained by the clone pager relates; and
            ``(2) shall direct, upon the request of the applicant, the 
        furnishing of information, facilities, and technical assistance 
        necessary to use the clone pager under section 3124 of this 
        title.
    ``(c) Time Period and Extensions.--
            ``(1) In general.--An order issued under this section shall 
        authorize the use of a clone pager for a period not to exceed 
        30 days. Such 30-day period shall begin on the earlier of the 
        day on which the investigative or law enforcement officer first 
        begins use of the clone pager under the order or the tenth day 
        after the order is entered.
            ``(2) Extensions.--Extensions of an order issued under this 
        section may be granted, but only upon an application for an 
        order under section 3128 of this title and upon the judicial 
        finding required by subsection (a). An extension under this 
        paragraph shall be for a period not to exceed 30 days.
            ``(3) Report.--Within a reasonable time after the 
        termination of the period of a clone pager order or any 
        extensions thereof under this subsection, the applicant shall 
        report to the issuing court the number of numeric pager 
        messages acquired through the use of the clone pager during 
        such period.
    ``(d) Nondisclosure of Existence of Clone Pager.--An order 
authorizing the use of a clone pager shall direct that--
            ``(1) the order shall be sealed until otherwise ordered by 
        the court; and
            ``(2) the person who has been ordered by the court to 
        provide assistance to the applicant may not disclose the 
        existence of the clone pager or the existence of the 
        investigation to the listed subscriber, or to any other person, 
        until otherwise ordered by the court.
    ``(e) Notification.--
            ``(1) In general.--Within a reasonable time, not later than 
        90 days after the date of termination of the period of a clone 
        pager order or any extensions thereof, the issuing judge shall 
        cause to be served, on the individual or individuals using the 
        numeric display paging device that was cloned, an inventory 
        including notice of--
                    ``(A) the fact of the entry of the order or the 
                application;
                    ``(B) the date of the entry and the period of clone 
                pager use authorized, or the denial of the application; 
                and
                    ``(C) whether or not information was obtained 
                through the use of the clone pager.
            ``(2) Postponement.--Upon an ex-parte showing of good 
        cause, a court of competent jurisdiction may in its discretion 
        postpone the serving of the notice required by this 
        subsection.''.
    (h) Clerical Amendments.--The table of sections for chapter 206 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 3121 and 
        inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
                            clone pager use; exception.'';
            (2) by striking the items relating to sections 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) 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''.
    (i) Conforming Amendment.--Section 704(a) of the Communications Act 
of 1934 (47 U.S.C. 605(a)) is amended by striking ``chapter 119,'' and 
inserting ``chapters 119 and 206 of''.

       Subchapter B--Powder Cocaine Mandatory Minimum Sentencing

SEC. 2211. SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.

    (a) Amendment of Controlled Substances Act.--
            (1) Large quantities.--Subparagraph (A)(ii) of section 
        401(b)(1) of the Controlled Substances Act (21 U.S.C. 
        841(b)(1)) is amended by striking ``5 kilograms'' and inserting 
        ``500 grams''.
            (2) Small quantities.--Subparagraph (B)(ii) of that section 
        is amended by striking ``500 grams'' and inserting ``50 
        grams''.
    (b) Amendment of Controlled Substances Import and Export Act.--
            (1) Large quantities.--Paragraph (1)(B) of section 1010(b) 
        of the Controlled Substances Import and Export Act (21 U.S.C. 
        960(b)) is amended by striking ``5 kilograms'' and inserting 
        ``500 grams''.
            (2) Small quantities.--Paragraph (2)(B) of that section is 
        amended by striking ``500 grams'' and inserting ``50 grams''.
    (c) Amendment of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall amend the Federal sentencing guidelines to reflect the amendments 
made by this section.

                    Subchapter C--Drug-Free Borders

SEC. 2221. INCREASED NUMBER OF BORDER PATROL AGENTS.

    Section 101(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is 
amended to read as follows:
    ``(a) Increased Number of Border Patrol Agents.--The Attorney 
General in each of fiscal years 2000, 2001, 2002, 2003, and 2004 shall 
increase by not less than 1,500 the number of positions for full-time, 
active-duty border patrol agents within the Immigration and 
Naturalization Service above the number of such positions for which 
funds were allotted for the preceding fiscal year, to achieve a level 
of 15,000 positions by fiscal year 2004.''.

SEC. 2222. ENHANCED BORDER PATROL PURSUIT POLICY.

    A border patrol agent of the United States Border Patrol may not 
cease pursuit of an alien who the agent suspects has unlawfully entered 
the United States, or an individual who the agent suspects has 
unlawfully imported a narcotic into the United States, until State or 
local law enforcement authorities are in pursuit of the alien or 
individual and have the alien or individual in their visual range.

                      CHAPTER 3--DEMAND REDUCTION

           Subchapter A--Education, Prevention, and Treatment

SEC. 2251. SENSE OF CONGRESS ON REAUTHORIZATION OF SAFE AND DRUG-FREE 
              SCHOOLS AND COMMUNITIES ACT OF 1994.

    (a) Findings.--Congress makes the following findings:
            (1) Drug and alcohol use continue to plague the Nation's 
        youth.
            (2) Approximately 5.6 percent of high school seniors 
        currently smoke marijuana daily.
            (3) The American public has identified drugs as the most 
        serious problem facing its children today.
            (4) Delinquent behavior is clearly linked to the frequency 
        of marijuana use.
            (5) 89 percent of students in grades 6 through 12 say their 
        teachers have taught them about the dangers of drugs and 
        alcohol.
    (b) Sense of Congress.--It is the sense of Congress that Congress 
and the President should make the reauthorization of the Safe and Drug-
Free Schools and Communities Act of 1994 a high priority for the 106th 
Congress, and that such reauthorization should maintain substance abuse 
prevention as a major focus of the program.

SEC. 2252. SENSE OF CONGRESS REGARDING REAUTHORIZATION OF PREVENTION 
              AND TREATMENT PROGRAMS.

    (a) Findings.--Congress makes the following findings:
            (1) 34.8 percent of Americans 12 years of age and older 
        have used an illegal drug in their lifetime, 90 percent of 
        these individuals have used marijuana or hashish, and 
        approximately 30 percent have tried cocaine.
            (2) The number of teenagers using drugs has increased 
        significantly over the past 5 years.
            (3) Drug abuse is a health issue being faced in every 
        community, town, State and region of this country.
            (4) No one is immune from drug abuse, and such abuse 
        threatens Americans of every socioeconomic background, every 
        educational level, and every race and ethnic origin.
            (5) In 1990 the United States spent $67,000,000,000 on 
        drug-related disorders including health costs, the costs of 
        crime, the costs of accidents and other damages to individuals 
        and property, and the costs of the loss of productivity and 
        premature death.
            (6) Comprehensive prevention activities can help youth in 
        saying no to drugs.
            (7) There are over 6,000 community coalitions throughout 
        the nation helping the youth of America choose a healthy life 
        style.
            (8) Individuals with addictive disorders should be held 
        accountable for their actions and should be offered treatment 
        to help change destructive behavior.
            (9) A balanced approach to dealing with drug abuse is 
        needed in the United States between reducing the demand for 
        drugs and the supply of those drugs and a comprehensive plan 
        for addressing drug abuse will involve prevention, education 
        and treatment as well as law enforcement and interdiction.
            (10) The Substance Abuse and Mental Health Services 
        Administration is the lead Federal agency for substance abuse 
        prevention and treatment initiatives.
    (b) Sense of Congress.--It is the sense of Congress that Congress 
and the President should--
            (1) make the reauthorization of Federal substance abuse 
        prevention and treatment programs a high priority for the 106th 
        Congress; and
            (2) provide more flexibility to States in the use of 
        Federal funds for provision of drug abuse prevention and 
        treatment services while holding States accountable for their 
        performance.

SEC. 2253. REPORT ON DRUG-TESTING TECHNOLOGIES.

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

SEC. 2254. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE 
              RESEARCH.

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

SEC. 2255. NEEDLE EXCHANGE.

    (a) Prohibition Regarding Illegal Drugs and Distribution of 
Hypodermic Needles.--Part B of title II of the Public Health Service 
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the 
following section:

 ``prohibition regarding illegal drugs and distribution of hypodermic 
                                needles

    ``Sec. 247. Notwithstanding any other provision of law, none of the 
amounts made available under any Federal law for any fiscal year may be 
expended, directly or indirectly, to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.''.
    (b) Conforming Amendment.--Section 506 of Public Law 105-78 is 
repealed.

SEC. 2256. DRUG-FREE TEEN DRIVERS INCENTIVE.

    (a) In general.--The Secretary of Transportation shall establish an 
incentive grant program for States to assist the States in improving 
their laws relating to controlled substances and driving.
    (b) Grant requirements.--To qualify for a grant under subsection 
(a), a State shall carry out the following:
            (1) Enact, actively enforce, and publicize a law that makes 
        it illegal to drive in the State with any measurable amount of 
        an illegal controlled substance in the driver's body. An 
        illegal controlled substance is a controlled substance for 
        which an individual does not have a legal written prescription. 
        An individual who is convicted of such illegal driving shall be 
        referred to appropriate services, including intervention, 
        counselling, and treatment.
            (2) Enact, actively enforce, and publicize a law that makes 
        it illegal to drive in the State when driving is impaired by 
        the presence of any drug. The State shall provide that in the 
        enforcement of such law, a driver shall be tested for the 
        presence of a drug when there is evidence of impaired driving 
        and a driver will have the driver's license suspended. An 
        individual who is convicted of such illegal driving shall be 
        referred to appropriate services, including intervention, 
        counselling, and treatment.
            (3) Enact, actively enforce, and publicize a law that 
        authorizes the suspension of a driver's license if the driver 
        is convicted of any criminal offense relating to drugs.
            (4) Enact a law that provides that beginning driver 
        applicants and other individuals applying for or renewing a 
        driver's license will be provided information about the laws 
        referred to in paragraphs (1), (2), and (3) and will be 
        required to answer drug-related questions on their 
        applications.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2000 through 2004, $10,000,000 to 
carry out this section.

SEC. 2257. DRUG-FREE SCHOOLS.

    Congress makes the following findings:
            (1) The continued presence in schools of violent students 
        who are a threat to both teachers and other students is 
        incompatible with a safe learning environment.
            (2) Unsafe school environments place students who are 
        already at risk of school failure for other reasons in further 
        jeopardy.
            (3) Recently, over one-fourth of high school students 
        surveyed reported being threatened at school.
            (4) 2,000,000 more children are using drugs in 1997 than 
        were doing so a few short years prior to 1997.
            (5) More of our children are becoming involved with hard 
        drugs at earlier ages, as use of heroin and cocaine by 8th 
        graders has more than doubled since 1991.
            (6) Greater cooperation between schools, parents, law 
        enforcement, the courts, and the community is essential to 
        making our schools safe from drugs and violence.

SEC. 2258. VICTIM AND WITNESS ASSISTANCE PROGRAMS FOR TEACHERS AND 
              STUDENTS.

    (a) Victim Compensation.--Section 1403 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10602) is amended by adding at the end the 
following:
    ``(f) Victims of School Violence.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an eligible crime victim compensation program may expend 
        funds appropriated under paragraph (2) to offer compensation to 
        elementary and secondary school students or teachers who are 
        victims of elementary and secondary school violence (as school 
        violence is defined under applicable State law).
            ``(2) Funding.--There is authorized to be appropriated such 
        sums as may be necessary to carry out paragraph (1).''.
    (b) Victim and Witness Assistance.--Section 1404(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10603(c)) is amended by adding at the 
end the following:
    ``(5) Notwithstanding any other provision of law, the Director may 
make a grant under this section for a demonstration project or for 
training and technical assistance services to a program that--
            ``(A) assists State educational agencies and local 
        educational agencies (as the terms are defined in section 14101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801)) in developing, establishing, and operating 
        programs that are designed to protect victims of and witnesses 
        to incidents of elementary and secondary school violence (as 
        school violence is defined under applicable State law), 
        including programs designed to protect witnesses testifying in 
        school disciplinary proceedings; or
            ``(B) supports a student safety toll-free hotline that 
        provides students and teachers in elementary and secondary 
        schools with confidential assistance relating to the issues of 
        school crime, violence, drug dealing, and threats to personal 
        safety.''.

SEC. 2259. INNOVATIVE PROGRAMS TO PROTECT TEACHERS AND STUDENTS.

    (a) Definitions.--In this section:
            (1) Elementary school, local educational agency, secondary 
        school, and state educational agency.--The terms ``elementary 
        school'', ``local educational agency'', ``secondary school'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
    (b) Authorization for Report Cards on Schools.--
            (1) In general.--The Secretary is authorized to award 
        grants to States, State educational agencies, and local 
        educational agencies to develop, establish, or conduct 
        innovative programs to improve unsafe elementary schools or 
        secondary schools.
            (2) Priority.--The Secretary shall give priority to 
        awarding grants under paragraph (1) to--
                    (A) programs that provide parent and teacher 
                notification about incidents of physical violence, 
                weapon possession, or drug activity on school grounds 
                as soon after the incident as practicable;
                    (B) programs that provide to parents and teachers 
                an annual report regarding--
                            (i) the total number of incidents of 
                        physical violence, weapon possession, and drug 
                        activity on school grounds;
                            (ii) the percentage of students missing 10 
                        or fewer days of school; and
                            (iii) a comparison, if available, to 
                        previous annual reports under this paragraph, 
                        which comparison shall not involve a comparison 
                        of more than 5 such previous annual reports; 
                        and
                    (C) programs to enhance school security measures 
                that may include--
                            (i) equipping schools with fences, closed 
                        circuit cameras, and other physical security 
                        measures;
                            (ii) providing increased police patrols in 
                        and around elementary schools and secondary 
                        schools, including canine patrols;
                            (iii) mailings to parents at the beginning 
                        of the school year stating that the possession 
                        of a gun or other weapon, or the sale of drugs 
                        in school, will not be tolerated by school 
                        authorities; and
                            (iv) hiring counselors or other personnel 
                        to detect and intervene at signs of dangerous 
                        or antisocial behavior that could precede 
                        violent acts.
    (c) Application.--
            (1) In general.--Each State, State educational agency, or 
        local educational agency desiring a grant under this section 
        shall submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall contain an assurance that the State or agency has 
        implemented or will implement policies that--
                    (A) provide protections for victims and witnesses 
                to school crime, including protections for attendance 
                at school disciplinary proceedings;
                    (B) expel students who, on school grounds, sell 
                drugs or who commit a violent offense that causes 
                serious bodily injury of another student or teacher; 
                and
                    (C) require referral to law enforcement authorities 
                or juvenile authorities of any student who on school 
                grounds--
                            (i) threatens violence;
                            (ii) commits a violent offense resulting in 
                        serious bodily injury; or
                            (iii) sells drugs.
            (3) Special rule.--For purposes of subparagraphs (B) and 
        (C) of paragraph (2), State law shall determine what 
        constitutes a violent offense or serious bodily injury.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (e) Innovative Voluntary Random Drug Testing Programs.--Section 
4116(b) of the Safe and Drug-Free Schools and Communities Act of 1994 
(20 U.S.C. 7116(b)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following:
            ``(10) innovative voluntary random drug testing programs; 
        and''.

                    Subchapter B--Drug-Free Families

SEC. 2271. SHORT TITLE.

    This subchapter may be cited as the ``Drug-Free Families Act of 
1999''.

SEC. 2272. FINDINGS.

    Congress makes the following findings:
            (1) The National Institute on Drug Abuse estimates that in 
        1962, less than one percent of the nation's adolescents had 
        ever tried an illicit drug. By 1979, drug use among young 
        people had escalated to the highest levels in history: 34 
        percent of adolescents (ages 12-17), 65 percent of high school 
        seniors (age 18), and 70 percent of young adults (ages 18-25) 
        had used an illicit drug in their lifetime.
            (2) Drug use among young people was not confined to initial 
        trials. By 1979, 16 percent of adolescents, 39 percent of high 
        school seniors, and 38 percent of young adults had used an 
        illicit drug in the past month. Moreover, one in nine high 
        school seniors used marijuana daily.
            (3) In 1979, the year the largest number of seniors used 
        marijuana, their belief that marijuana could hurt them was at 
        its lowest (35 percent) since surveys have tracked these 
        measures.
            (4) Three forces appeared to be driving this escalation in 
        drug use among children and young adults. Between 1972 and 
        1978, a nationwide political campaign conducted by drug 
        legalization advocates persuaded eleven state legislatures to 
        ``decriminalize'' marijuana. (Many of those states have 
        subsequently ``recriminalized'' the drug.) Such legislative 
        action reinforced advocates' assertion that marijuana was 
        ``relatively harmless.''
            (5) The decriminalization effort gave rise to the emergence 
        of ``head shops'' (shops for ``heads,'' or drug users--``coke 
        heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug 
        paraphernalia--an array of toys, implements, and instructional 
        pamphlets and booklets to enhance the use of illicit drugs. 
        Some 30,000 such shops were estimated to be doing business 
        throughout the nation by 1978.
            (6) In the absence of Federal funding for drug education 
        then, most of the drug education materials that were available 
        proclaimed that few illicit drugs were addictive and most were 
        ``less harmful'' than alcohol and tobacco and therefore taught 
young people how to use marijuana, cocaine, and other illicit drugs 
``responsibly''.
            (7) Between 1977 and 1980, three national parent drug-
        prevention organizations--National Families in Action, PRIDE, 
        and the National Federation of Parents for Drug-Free Youth (now 
        called the National Family Partnership)--emerged to help 
        concerned parents form some 4,000 local parent prevention 
        groups across the nation to reverse all of these trends in 
        order to prevent children from using drugs. Their work created 
        what has come to be known as the parents drug-prevention 
        movement, or more simply, the parent movement. This movement 
        set three goals: to prevent the use of any illegal drug, to 
        persuade those who had started using drugs to stop, and to 
        obtain treatment for those who had become addicted so that they 
        could return to drug-free lives.
            (8) The parent movement pursued a number of objectives to 
        achieve these goals. First, it helped parents educate 
        themselves about the harmful effects of drugs, teach that 
        information to their children, communicate that they expected 
        their children not to use drugs, and establish consequences if 
        children failed to meet that expectation. Second, it helped 
        parents form groups with other parents to set common age-
        appropriate social and behavioral guidelines to protect their 
        children from exposure to drugs. Third, it encouraged parents 
        to insist that their communities reinforce parents' commitment 
        to protect children from drug use.
            (9) The parent movement stopped further efforts to 
        decriminalize marijuana, both in the states and at the Federal 
        level.
            (10) The parent movement worked for laws to ban the sale of 
        drug paraphernalia. If drugs were illegal, it made no sense to 
        condone the sale of toys and implements to enhance the use of 
        illegal drugs, particularly when those products targeted 
        children. As town, cities, counties, and states passed anti-
        paraphernalia laws, drug legalization organizations challenged 
        their Constitutionality in Federal courts until the early 
        1980's, when the United States Supreme Court upheld Nebraska's 
        law and established the right of communities to ban the sale of 
        drug paraphernalia.
            (11) The parent movement insisted that drug-education 
        materials convey a strong no-use message in compliance with 
        both the law and with medical and scientific information that 
        demonstrates that drugs are harmful, particularly to young 
        people.
            (12) The parent movement encouraged others in society to 
        join the drug prevention effort and many did, from First Lady 
        Nancy Reagan to the entertainment industry, the business 
        community, the media, the medical community, the educational 
        community, the criminal justice community, the faith community, 
        and local, state, and national political leaders.
            (13) The parent movement helped to cause drug use among 
        young people to peak in 1979. As its efforts continued 
        throughout the next decade, and as others joined parents to 
        expand the drug-prevention movement, between 1979 and 1992 
        these collaborative prevention efforts contributed to reducing 
        monthly illicit drug use by two-thirds among adolescents and 
        young adults and reduced daily marijuana use among high-school 
        seniors from 10.7 percent to 1.9 percent. Concurrently, both 
        the parent movement and the larger prevention movement that 
        evolved throughout the 1980's, working together, increased high 
        school seniors' belief that marijuana could hurt them, from 35 
        percent in 1979 to 79 percent in 1991.
            (14) Unfortunately, as drug use declined, most of the 4,000 
        volunteer parents groups that contributed to the reduction in 
        drug use disbanded, having accomplished the job they set out to 
        do. But the absence of active parent groups left a vacuum that 
        was soon filled by a revitalized drug-legalization movement. 
        Proponents began advocating for the legalization of marijuana 
        for medicine, the legalization of all Schedule I drugs for 
        medicine, the legalization of hemp for medicinal, industrial 
        and recreational use, and a variety of other proposals, all 
        designed to ultimately attack, weaken, and eventually repeal 
        the nation's drug laws.
            (15) Furthermore, legalization proponents are also 
        beginning to advocate for treatment that maintains addicts on 
        the drugs to which they are addicted (heroin maintenance for 
        heroin addicts, controlled drinking for alcoholics, etc.), for 
        teaching school children to use drugs ``responsibly,'' and for 
        other measures similar to those that produced the drug epidemic 
        among young people in the 1970's.
            (16) During the 1990's, the message embodied in all of this 
        activity has once again driven down young people's belief that 
        drugs can hurt them. As a result, the reductions in drug use 
        that occurred over 13 years reversed in 1992, and adolescent 
        drug use has more than doubled.
            (17) Today's parents are almost universally in the 
        workplace and do not have time to volunteer. Many families are 
        headed by single parents. In some families no parents are 
        available, and grandparents, aunts, uncles, or foster parents 
        are raising the family's children.
            (18) Recognizing that these challenges make it much more 
        difficult to reach parents today, several national parent and 
        family drug-prevention organizations have formed the Parent 
        Collaboration to address these issues in order to build a new 
        parent and family movement to prevent drug use among children.
            (19) Motivating parents and parent groups to coordinate 
        with local community anti-drug coalitions is a key goal of the 
        Parent Collaboration, as well as coordinating parent and family 
        drug-prevention efforts with Federal, State, and Local 
        governmental and private agencies and political, business, 
        medical and scientific, educational, criminal justice, 
        religious, and media and entertainment industry leaders.

SEC. 2273. PURPOSES.

    The purposes of this subchapter are to--
            (1) build a movement to help parents and families prevent 
        drug use among their children and adolescents;
            (2) help parents and families reduce drug abuse and drug 
        addiction among adolescents who are already using drugs, and 
        return them to drug-free lives;
            (3) increase young people's perception that drugs are 
        harmful to their health, well-being, and ability to function 
        successfully in life;
            (4) help parents and families educate society that the best 
        way to protect children from drug use and all of its related 
        problems is to convey a clear, consistent, no-use message;
            (5) strengthen coordination, cooperation, and collaboration 
        between parents and families and all others who are interested 
        in protecting children from drug use and all of its related 
        problems;
            (6) help parents strengthen their families, neighborhoods, 
        and school communities to reduce risk factors and increase 
        protective factors to ensure the healthy growth of children; 
        and
            (7) provide resources in the fiscal year 2000 Federal drug 
        control budget for a grant to the Parent Collaboration to 
        conduct a national campaign to mobilize today's parents and 
        families through the provision of information, training, 
        technical assistance, and other services to help parents and 
        families prevent drug use among their children and to build a 
        new parent and family drug-prevention movement.

SEC. 2274. DEFINITIONS.

    In this subchapter:
            (1) Administrative costs.--The term ``administrative 
        costs'' means to those costs that the assigned Federal agency 
        will incur to administer the grant to the Parent Collaboration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Drug Enforcement Administration.
            (3) No-use message.--The term ``no-use message'' means no 
        use of any illegal drug and no illegal use of any legal drug or 
        substance that is sometimes used illegally, such as 
        prescription drugs, inhalants, and alcohol and tobacco for 
        children and adolescents under the legal purchase age.
            (4) Parent collaboration.--The term ``Parent 
        Collaboration'' means the legal entity, which is exempt from 
        income taxation under section 501(c)(3) of the Internal Revenue 
        Code of 1986, established by National Families in Action, 
        National Asian Pacific American Families Against Substance 
        Abuse, African American Parents for Drug Prevention, National 
        Association for Native American Children of Alcoholics, and the 
        National Hispano/Latino Community Prevention Network and other 
        groups, that--
                    (A) have a primary mission of helping parents 
                prevent drug use, drug abuse, and drug addiction among 
                their children, their families, and their communities;
                    (B) have carried out this mission for a minimum of 
                5 consecutive years; and
                    (C) base their drug-prevention missions on the 
                foundation of a strong, no-use message in compliance 
                with international, Federal, State, and local treaties 
                and laws that prohibit the possession, production, 
                cultivation, distribution, sale, and trafficking in 
                illicit drugs;
        in order to build a new parent and family movement to prevent 
        drug use among children and adolescents

SEC. 2275. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.

    (a) In General.--The Administrator shall make a grant to the Parent 
Collaboration to conduct a national campaign to build a new parent and 
family movement to help parents and families prevent drug abuse among 
their children.
    (c) Termination.--The period of the grant under this section shall 
be 5 years.

SEC. 2276. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this subchapter $5,000,000 for each of fiscal years 2000 through 
2004 for a grant to the Parent Collaboration to conduct the national 
campaign to mobilize parents and families.
    (b) Administrative Costs.--Not more than 5 percent of the total 
amount made available under subsection (a) in each fiscal year may be 
used to pay administrative costs of the Parent Collaboration.

 CHAPTER 4--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES

                    Subchapter A--Border Activities

SEC. 2301. AUTHORIZATION OF APPROPRIATIONS.

    (a)  Drug Enforcement and Other Noncommercial Operations.--
Subparagraphs (A) and (B) of section 301(b)(1) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) 
are amended to read as follows:
                    ``(A) $997,300,584 for fiscal year 2000.
                    ``(B) $1,100,818,328 for fiscal year 2001.''.
    (b) Commercial Operations.--Clauses (i) and (ii) of section 
301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)) are amended to read 
as follows:
                    ``(i) $990,030,000 for fiscal year 2000.
                    ``(ii) $1,009,312,000 for fiscal year 2001.''.
    (c) Air and Marine Interdiction.--Subparagraphs (A) and (B) of 
section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)) are amended to 
read as follows:
                    ``(A) $229,001,000 for fiscal year 2000.
                    ``(B) $176,967,000 for fiscal year 2001.''.
    (d) Submission of Out-Year Budget Projections.--Section 301(a) of 
such Act (19 U.S.C. 2075(a)) is amended by adding at the end the 
following:
    ``(3) Not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commissioner of Customs shall submit to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate the projected amount of funds for the succeeding fiscal year 
that will be necessary for the operations of the Customs Service as 
provided for in subsection (b).''.

SEC. 2302. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT.

    (a) Fiscal Year 2000.--Of the amounts made available for fiscal 
year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by 
section 2301(a) of this Act, $100,036,000 shall be available until 
expended for acquisition and other expenses associated with 
implementation and deployment of narcotics detection equipment along 
the United States-Mexico border, the United States-Canada border, and 
Florida and the Gulf Coast seaports, as follows:
            (1) United states-mexico border.--For the United States-
        Mexico border, the following:
                    (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,000,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $12,000,000 for the upgrade of 8 fixed-site 
                truck x-rays from the present energy level of 450,000 
                electron volts to 1,000,000 electron volts (1-MeV).
                    (D) $7,200,000 for 8 1-MeV pallet x-rays.
                    (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.
                    (F) $600,000 for 50 contraband detection kits to be 
                distributed among all southwest border ports based on 
                traffic volume.
                    (G) $500,000 for 25 ultrasonic container inspection 
                units to be distributed among all ports receiving 
                liquid-filled cargo and to ports with a hazardous 
                material inspection facility.
                    (H) $2,450,000 for 7 automated targeting systems.
                    (I) $360,000 for 30 rapid tire deflator systems to 
                be distributed to those ports where port runners are a 
                threat.
                    (J) $480,000 for 20 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (K) $1,000,000 for 20 remote watch surveillance 
                camera systems at ports where there are suspicious 
                activities at loading docks, vehicle queues, secondary 
                inspection lanes, or areas where visual surveillance or 
                observation is obscured.
                    (L) $1,254,000 for 57 weigh-in-motion sensors to be 
                distributed among the ports with the greatest volume of 
                outbound traffic.
                    (M) $180,000 for 36 AM traffic information radio 
                stations, with 1 station to be located at each border 
                crossing.
                    (N) $1,040,000 for 260 inbound vehicle counters to 
                be installed at every inbound vehicle lane.
                    (O) $950,000 for 38 spotter camera systems to 
                counter the surveillance of customs inspection 
                activities by persons outside the boundaries of ports 
                where such surveillance activities are occurring.
                    (P) $390,000 for 60 inbound commercial truck 
                transponders to be distributed to all ports of entry.
                    (Q) $1,600,000 for 40 narcotics vapor and particle 
                detectors to be distributed to each border crossing.
                    (R) $400,000 for license plate reader automatic 
                targeting software to be installed at each port to 
                target inbound vehicles.
                    (S) $1,000,000 for a demonstration site for a high-
                energy relocatable rail car inspection system with an 
                x-ray source switchable from 2,000,000 electron volts 
                (2-MeV) to 6,000,000 electron volts (6-MeV) at a shared 
                Department of Defense testing facility for a two-month 
                testing period.
            (2) United states-canada border.--For the United States-
        Canada border, the following:
                    (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $8,800,000 for 4 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $3,600,000 for 4 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
                    (F) $240,000 for 10 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (G) $400,000 for 10 narcotics vapor and particle 
                detectors to be distributed to each border crossing 
                based on traffic volume.
                    (H) $600,000 for 30 fiber optic scopes.
                    (I) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (J) $3,000,000 for 10 x-ray vans with particle 
                detectors.
                    (K) $40,000 for 8 AM loop radio systems.
                    (L) $400,000 for 100 vehicle counters.
                    (M) $1,200,000 for 12 examination tool trucks.
                    (N) $2,400,000 for 3 dedicated commuter lanes.
                    (O) $1,050,000 for 3 automated targeting systems.
                    (P) $572,000 for 26 weigh-in-motion sensors.
                    (Q) $480,000 for 20 portable Treasury Enforcement 
                Communication Systems (TECS).
            (3) Florida and gulf coast seaports.--For Florida and the 
        Gulf Coast seaports, the following:
                    (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,800,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $7,200,000 for 8 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
    (b) Fiscal Year 2001.--Of the amounts made available for fiscal 
year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by 
section 2301(a) of this Act, $9,923,500 shall be for the maintenance 
and support of the equipment and training of personnel to maintain and 
support the equipment described in subsection (a).
    (c) Acquisition of Technologically Superior Equipment; Transfer of 
Funds.--
            (1) In general.--The Commissioner of Customs may use 
        amounts made available for fiscal year 2000 under section 
        301(b)(1)(A) of the Customs Procedural Reform and 
        Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as 
        amended by section 2301(a) of this Act, for the acquisition of 
        equipment other than the equipment described in subsection (a) 
        if such other equipment--
                    (A)(i) is technologically superior to the equipment 
                described in subsection (a); and
                    (ii) will achieve at least the same results at a 
                cost that is the same or less than the equipment 
                described in subsection (a); or
                    (B) can be obtained at a lower cost than the 
                equipment described in subsection (a).
            (2) Transfer of funds.--Notwithstanding any other provision 
        of this section, the Commissioner of Customs may reallocate an 
        amount not to exceed 10 percent of--
                    (A) the amount specified in any of subparagraphs 
                (A) through (R) of subsection (a)(1) for equipment 
                specified in any other of such subparagraphs (A) 
                through (R);
                    (B) the amount specified in any of subparagraphs 
                (A) through (Q) of subsection (a)(2) for equipment 
                specified in any other of such subparagraphs (A) 
                through (Q); and
                    (C) the amount specified in any of subparagraphs 
                (A) through (E) of subsection (a)(3) for equipment 
                specified in any other of such subparagraphs (A) 
                through (E).

SEC. 2303. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT.

    Of the amounts made available for fiscal years 2000 and 2001 under 
subparagraphs (A) and (B) of section 301(b)(1) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(1)), as amended by section 2301(a) of this Act, $159,557,000, 
including $5,673,600, until expended, for investigative equipment, for 
fiscal year 2000 and $220,351,000 for fiscal year 2001 shall be 
available for the following:
            (1) A net increase of 535 inspectors, 120 special agents, 
        and 10 intelligence analysts for the United States-Mexico 
        border and 375 inspectors for the United States-Canada border, 
        in order to open all primary lanes on such borders during peak 
        hours and enhance investigative resources.
            (2) A net increase of 285 inspectors and canine enforcement 
        officers to be distributed at large cargo facilities as needed 
        to process and screen cargo (including rail cargo) and reduce 
        commercial waiting times on the United States-Mexico border and 
        a net increase of 125 inspectors to be distributed at large 
        cargo facilities as needed to process and screen cargo 
        (including rail cargo) and reduce commercial waiting times on 
        the United States-Canada border.
            (3) A net increase of 40 inspectors at sea ports in 
        southeast Florida to process and screen cargo.
            (4) A net increase of 70 special agent positions, 23 
        intelligence analyst positions, 9 support staff, and the 
        necessary equipment to enhance investigation efforts targeted 
        at internal conspiracies at the Nation's seaports.
            (5) A net increase of 360 special agents, 30 intelligence 
        analysts, and additional resources to be distributed among 
        offices that have jurisdiction over major metropolitan drug or 
        narcotics distribution and transportation centers for 
        intensification of efforts against drug smuggling and money 
        laundering organizations.
            (6) A net increase of 2 special agent positions to re-
        establish a Customs Attache office in Nassau.
            (7) A net increase of 62 special agent positions and 8 
        intelligence analyst positions for maritime smuggling 
        investigations and interdiction operations.
            (8) A net increase of 50 positions and additional resources 
        to the Office of Internal Affairs to enhance investigative 
        resources for anticorruption efforts.
            (9) The costs incurred as a result of the increase in 
        personnel hired pursuant to this section.

SEC. 2304. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.

    (a) Fiscal Year 2000.--Of the amounts made available for fiscal 
year 2000 under subparagraphs (A) and (B) of section 301(b)(3) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(3)) as amended by section 2301(c) of this Act, $130,513,000 
shall be available until expended for the following:
            (1) $96,500,000 for Customs aircraft restoration and 
        replacement initiative.
            (2) $15,000,000 for increased air interdiction and 
        investigative support activities.
            (3) $19,013,000 for marine vessel replacement and related 
        equipment.
    (b) Fiscal Year 2001.--Of the amounts made available for fiscal 
year 2001 under subparagraphs (A) and (B) of section 301(b)(3) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(3)) as amended by section 2301(c) of this Act, $75,524,000 
shall be available until expended for the following:
            (1) $36,500,000 for Customs Service aircraft restoration 
        and replacement.
            (2) $15,000,000 for increased air interdiction and 
        investigative support activities.
            (3) $24,024,000 for marine vessel replacement and related 
        equipment.

SEC. 2305. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 
2000 and 2001 covering each program activity set forth in the budget of 
the United States Customs Service, as required under section 1115 of 
title 31, United States Code, the Commissioner of Customs shall 
establish performance goals and performance indicators, and comply with 
all other requirements contained in paragraphs (1) through (6) of 
subsection (a) of such section with respect to each of the activities 
to be carried out pursuant to sections 2302 and 2303 of this Act.

SEC. 2306. COMMISSIONER OF CUSTOMS SALARY.

    (a) In General.--
            (1) Section 5315 of title 5, United States Code, is amended 
        by striking the following:
            ``Commissioner of Customs, Department of Treasury.''.
            (2) Section 5314 of title 5, United States Code, is amended 
        by inserting the following:
            ``Commissioner of Customs, Department of Treasury.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.

SEC. 2307. PASSENGER PRECLEARANCE SERVICES.

    (a) Continuation of Preclearance Services.--Notwithstanding section 
13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c(f)) or any other provision of law, the United States 
Customs Service shall, without regard to whether a passenger processing 
fee is collected from a person departing for the United States from 
Canada and without regard to whether funds are appropriated pursuant to 
subsection (b), provide the same level of enhanced preclearance customs 
services for passengers arriving in the United States aboard commercial 
aircraft originating in Canada as the Customs Service provided for such 
passengers during fiscal year 1997.
    (b) Authorization of Appropriations for Preclearance Services.--
Notwithstanding section 13031(f) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) or any other provision of 
law, there are authorized to be appropriated, from the date of 
enactment of this Act through September 30, 2001, such sums as may be 
necessary for the Customs Service to ensure that it will continue to 
provide the same, and where necessary increased, levels of enhanced 
preclearance customs services as the Customs Service provided during 
fiscal year 1997, in connection with the arrival in the United States 
of passengers aboard commercial aircraft whose flights originated in 
Canada.

                Subchapter B--United States Coast Guard

SEC. 2311. ADDITIONAL FUNDING FOR OPERATION AND MAINTENANCE.

    In addition to other amounts authorized to be appropriated for the 
United States Coast Guard for fiscal years 2000 and 2001, there is 
authorized to be appropriated for the Coast Guard for each of fiscal 
years 2000 and 2001, $100,000,000 for operation and maintenance.

             Subchapter C--Drug Enforcement Administration

SEC. 2321. ADDITIONAL FUNDING FOR COUNTERNARCOTICS AND INFORMATION 
              SUPPORT OPERATIONS.

    In addition to other amounts authorized to be appropriated for the 
Drug Enforcement Administration for fiscal year 2000, there is 
authorized to be appropriated for the Drug Enforcement Administration 
for that fiscal year, $120,000,000 for counternarcotics and information 
support operations.

                Subchapter D--Department of the Treasury

SEC. 2331. ADDITIONAL FUNDING FOR COUNTER-DRUG INFORMATION SUPPORT.

    In addition to other amounts authorized to be appropriated for the 
Department of the Treasury for fiscal years 2000 and 2001, there is 
authorized to be appropriated for the Department of the Treasury for 
each of fiscal years 2001 and 2001, $50,000,000 for counternarcotics, 
information support, and money laundering efforts.

                  Subchapter E--Department of Defense

SEC. 2341. ADDITIONAL FUNDING FOR EXPANSION OF COUNTERNARCOTICS 
              ACTIVITIES.

    In addition to other amounts authorized to be appropriated for the 
Department of Defense for fiscal years 2000 and 2001, there is 
authorized to be appropriated for the Department of Defense for each of 
fiscal years 2000 and 2001, $200,000,000 for expanded activities to 
stop the flow of illegal drugs into the United States.

SEC. 2342. FORWARD MILITARY BASE FOR COUNTERNARCOTICS MATTERS.

    (a) Authorization To Carry Out Military Construction Projects.--The 
Secretary of the Air Force may acquire real property and carry out 
military construction projects in the amount of $300,000,000 to 
establish an air base or air bases for use for support of 
counternarcotics operations in the areas of the southern Caribbean Sea, 
northern South America, and the eastern Pacific Ocean, to be located in 
Latin America or the area of the Caribbean Sea, or both.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2000, and 
any succeeding fiscal year, for military construction and land 
acquisition for an airbase referred to subsection (a).

SEC. 2343. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND 
              TRANSIT COUNTRIES.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Defense for fiscal year 2000, 
$100,000,000 for purposes of the procurement of a Relocatable Over the 
Horizon Radar (ROTHR) to be located in South America.
    (b) Authorization To Locate.--The Relocatable Over the Horizon 
Radar procured using funds appropriated pursuant to the authorization 
of appropriations in subsection (a) may be located at a location in 
South America that is suitable for purposes of providing enhanced radar 
coverage of narcotics source zone countries in South America.

SEC. 2344. SENSE OF CONGRESS REGARDING FUNDING UNDER WESTERN HEMISPHERE 
              DRUG ELIMINATION ACT.

    (a) Findings.--Congress makes the following findings:
            (1) Teenage drug use in the United States has doubled since 
        1993.
            (2) The drug crisis facing the United States poses a 
        paramount threat to the national security interests of the 
        United States.
            (3) The trans-shipment of illicit drugs through United 
        States borders cannot be halted without an effective drug 
        interdiction strategy.
            (4) The Clinton Administration has placed a low priority on 
        efforts to reduce the supply of illicit drugs, and the seizure 
        of such drugs by the Coast Guard and other Federal agencies has 
        decreased, as is evidenced by a 68 percent decrease between 
        1991 and 1996 in the pounds of cocaine seized by such agencies.
            (5) The Western Hemisphere Drug Elimination Act was enacted 
        into law on October 19, 1998.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should allocate funds appropriated for 
        fiscal year 1999 pursuant to the authorizations of 
        appropriations for that fiscal year in the Western Hemisphere 
        Drug Elimination Act in order to carry out fully the purposes 
        of that Act during that fiscal year; and
            (2) the President should include with the budgets for 
        fiscal years 2001 and 2002 that are submitted to Congress under 
        section 1105 of title 31, United States Code, a request for 
        funds for such fiscal years in accordance with the 
        authorizations of appropriations for such fiscal years in that 
        Act.

SEC. 2345. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION 
              AND COUNTERDRUG ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

    It is the sense of Congress that the Secretary of Defense should 
revise the Global Military Force Policy of the Department of Defense in 
order--
            (1) to treat the international drug interdiction and 
        counterdrug activities of the Department as a military 
        operation other than war, thereby elevating the priority given 
        such activities under the Policy to the next priority below the 
        priority given to war under the Policy and to the same priority 
        given to peacekeeping operations under the Policy; and
            (2) to allocate the assets of the Department to such 
        activities in accordance with the priority given such 
        activities under the revised Policy.

            CHAPTER 5--FAITH-BASED SUBSTANCE ABUSE TREATMENT

SEC. 2350. SHORT TITLE.

    This chapter may be cited as the ``Faith-Based Drug Treatment 
Enhancement Act''.

SEC. 2351. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES 
              PROVIDED THROUGH RELIGIOUS ORGANIZATIONS.

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

      ``Part G--Services Provided Through Religious Organizations

``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.

    ``(a) Designated Programs.--Subject to subsection (b), this part 
applies to each program under this Act that makes awards of Federal 
financial assistance to public or private entities for the purpose of 
carrying out activities to prevent or treat substance abuse (in this 
part referred to as a `designated program'). Designated programs 
include the program under subpart II of part B of title XIX (relating 
to formula grants to the States).
    ``(b) Limitation.--This part does not apply to any award of Federal 
financial assistance under a designated program for a purpose other 
than the purpose specified in subsection (a).
    ``(c) Definitions.--For purposes of this part (and subject to 
subsection (b)):
            ``(1) Designated award recipient.--The term `designated 
        award recipient' means a public or private entity that has 
        received an award under a designated program (whether the award 
        is a designated direct award or a designated subaward).
            ``(2) Designated direct award.--The term `designated direct 
        award' means an award under a designated program that is 
        received directly from the Federal Government.
            ``(3) Designated subaward.--The term `designated subaward' 
        means an award of financial assistance made by a non-Federal 
        entity, which award consists in whole or in part of Federal 
        financial assistance provided through an award under a 
        designated program.
            ``(4) Designated program.--The term `designated program' 
        has the meaning given such term in subsection (a).
            ``(5) Financial assistance.--The term `financial 
        assistance' means a grant, cooperative agreement, contract, or 
        voucherized assistance.
            ``(6) Program beneficiary.--The term `program beneficiary' 
        means an individual who receives program services.
            ``(7) Program participant.--The term `program participant' 
        has the meaning given such term in section 582(a)(2).
            ``(8) Program services.--The term `program services' means 
        treatment for substance abuse, or preventive services regarding 
        such abuse, provided pursuant to an award under a designated 
        program.
            ``(9) Religious organization.--The term `religious 
        organization' means a nonprofit religious organization.
            ``(10) Voucherized assistance.--The term `voucherized 
        assistance' means--
                    ``(A) a system of selecting and reimbursing program 
                services in which--
                            ``(i) the beneficiary is given a document 
                        or other authorization that may be used to pay 
                        for program services;
                            ``(ii) the beneficiary chooses the 
                        organization that will provide services to him 
                        or her according to rules specified by the 
                        designated award recipient; and
                            ``(iii) the organization selected by the 
                        beneficiary is reimbursed by the designated 
                        award recipient for program services provided; 
                        or
                    ``(B) any other mode of financial assistance to pay 
                for program services in which the program beneficiary 
                determines the allocation of program funds through his 
                or her selection of one service provider from among 
                alternatives.

``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.

    ``(a) In General.--
            ``(1) Scope of authority.--Notwithstanding any other 
        provision of law, a religious organization--
                    ``(A) may be a designated award recipient;
                    ``(B) may make designated subawards to other public 
                or nonprofit private entities (including other 
                religious organizations);
                    ``(C) may provide for the provision of program 
                services to program beneficiaries through the use of 
                voucherized assistance; and
                    ``(D) may be a provider of services under a 
                designated program, including a provider that accepts 
                voucherized assistance.
            ``(2) Definition of program participant.--For purposes of 
        this part, the term `program participant' means a public or 
        private entity that has received a designated direct award, or 
        a designated subaward, regardless of whether the entity 
        provides program services. Such term includes an entity whose 
        only participation in a designated program is to provide 
        program services pursuant to the acceptance of voucherized 
        assistance.
    ``(b) Religious Organizations.--The purpose of this section is to 
allow religious organizations to be program participants on the same 
basis as any other nonprofit private provider without impairing the 
religious character of such organizations, and without diminishing the 
religious freedom of program beneficiaries.
    ``(c) Nondiscrimination Against Religious Organizations.--
            ``(1) Findings.--The Congress finds that the establishment 
        clause of the first amendment to the Constitution of the United 
        States does not require that--
                    ``(A) social-welfare programs discriminate against 
                faith-based providers of services; or
                    ``(B) faith-based providers of services, as a 
                prerequisite to participation in Federal programs, 
                abandon their religious character and censor their 
                religious expression.
            ``(2) Nondiscrimination.--Religious organizations are 
        eligible to be program participants on the same basis as any 
        other nonprofit private organization. Neither the Federal 
        Government nor a State receiving funds under such programs 
        shall discriminate against an organization that is or applies 
        to be a program participant on the basis that the organization 
        has a religious character.
    ``(d) Religious Character and Freedom.--
            ``(1) Religious organizations.--Except as provided in this 
        section, any religious organization that is a program 
        participant shall retain its independence from Federal, State, 
        and local government, including such organization's control 
        over the definition, development, practice, and expression of 
        its religious beliefs.
            ``(2) Additional safeguards.--Neither the Federal 
        Government nor a State shall require a religious organization 
        to--
                    ``(A) alter its form of internal governance; or
                    ``(B) remove religious art, icons, scripture, or 
                other symbols;
        in order to be a program participant.
    ``(e) Nondiscrimination in Employment.--
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section shall be construed to modify or affect 
        the provisions of any other Federal or State law or regulation 
        that relates to discrimination in employment on the basis of 
        religion.
            ``(2) Exception.--A religious organization that is a 
        program participant may require that an employee rendering 
        program services adhere to--
                    ``(A) the religious beliefs and practices of such 
                organization; and
                    ``(B) any rules of the organization regarding the 
                use of drugs or alcohol.
    ``(f) Rights of Program Beneficiaries.--
            ``(1) Objections regarding religious organizations.--With 
        respect to an individual who is a program beneficiary or a 
        prospective program beneficiary, if the individual objects to a 
        program participant on the basis that the participant is a 
        religious organization, the following applies:
                    ``(A) If the organization received a designated 
                direct award, the organization shall arrange for the 
                individual to receive program services through an 
                alternative entity.
                    ``(B) If the organization received a designated 
                subaward, the non-Federal entity that made the subaward 
                shall arrange for the individual to receive the program 
                services through an alternative program participant.
                    ``(C) If the organization is providing services 
                pursuant to voucherized assistance, the designated 
                award recipient that operates the voucherized 
                assistance program shall arrange for the individual to 
                receive the program services through an alternative 
                provider.
                    ``(D) Arrangements under any of subparagraphs (A) 
                through (C) with an alternative entity shall provide 
                for program services the monetary value of which is not 
                less than the monetary value of the program services 
                that the individual would have received from the 
                religious organization involved.
            ``(2) Nondiscrimination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or as otherwise provided in law, a 
                religious organization that is a program participant 
                shall not in providing program services discriminate 
                against a program beneficiary on the basis of religion 
                or religious belief.
                    ``(B) Limitation.--A religious organization that is 
                a program participant may require a program beneficiary 
                who has elected in accordance with paragraph (1) to 
                receive program services from such organization--
                            ``(i) to actively participate in religious 
                        practice, worship, and instruction; and
                            ``(ii) to follow rules of behavior devised 
                        by the organizations that are religious in 
                        content or origin.
    ``(g) Fiscal Accountability.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        religious organization that is a program participant shall be 
        subject to the same regulations as other recipients of awards 
        of Federal financial assistance to account, in accordance with 
        generally accepted auditing principles, for the use of the 
        funds provided under such awards.
            ``(2) Limited audit.--With respect to the award involved, 
        if a religious organization that is a program participant 
        maintains the Federal funds in a separate account from non-
        Federal funds, then only the Federal funds shall be subject to 
        audit.
    ``(h) Compliance.--With respect to compliance with this section by 
an agency, a religious organization may obtain judicial review of 
agency action in accordance with chapter 7 of title 5, United States 
Code.

``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.

    ``(a) In General.--Except as provided in subsection (b), no funds 
provided directly to an entity under a designated program shall be 
expended for sectarian worship or instruction.
    ``(b) Exception.--Subsection (a) shall not apply to assistance 
provided to or on behalf of a program beneficiary if the beneficiary 
may choose where such assistance is redeemed or allocated.

``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.

    ``(a) Funds Not Aid to Institutions.--Financial assistance under a 
designated program provided to or on behalf of program beneficiaries is 
aid to the beneficiary, not to the organization providing program 
services. The receipt by a program beneficiary of program services at 
the facilities of the organization shall not constitute Federal 
financial assistance to the organization involved.
    ``(b) Prohibition on State Discrimination in Use of Funds.--No 
provision in any State constitution or State law shall be construed to 
prohibit the expenditure of Federal funds under a designated program in 
a religious facility or by a religious organization that is a program 
participant. If a State law or constitution would prevent the 
expenditure of State or local public funds in such a facility or by 
such an organization, then the State or local government shall 
segregate the Federal funds from State or other public funds for 
purposes of carrying out the designated program.

``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT 
              PROGRAMS.

    ``(a) Findings.--The Congress finds that--
            ``(1) establishing formal educational qualification for 
        counselors and other personnel in drug treatment programs may 
undermine the effectiveness of such programs; and
            ``(2) such formal educational requirements for counselors 
        and other personnel may hinder or prevent the provision of 
        needed drug treatment services.
    ``(b) Limitation on Educational Requirements of Personnel.--
            ``(1) Treatment of religious education.--If any State or 
        local government that is a program participant imposes formal 
        educational qualifications on providers of program services, 
        including religious organizations, such State or local 
        government shall treat religious education and training of 
        personnel as having a critical and positive role in the 
        delivery of program services. In applying educational 
        qualifications for personnel in religious organizations, such 
        State or local government shall give credit for religious 
        education and training equivalent to credit given for secular 
        course work in drug treatment or any other secular subject that 
        is of similar grade level and duration.
            ``(2) Restriction of discrimination requirements.--
                    ``(A) In general.--Subject to paragraph (1), a 
                State or local government that is a program participant 
                may establish formal educational qualifications for 
                personnel in organizations providing program services 
                that contribute to success in reducing drug use among 
                program beneficiaries.
                    ``(B) Exception.--The Secretary shall waive the 
                application of any educational qualification imposed 
                under subparagraph (A) for an individual religious 
                organization, if the Secretary determines that--
                            ``(i) the religious organization has a 
                        record of prior successful drug treatment for 
                        at least the preceding 3 years;
                            ``(ii) the educational qualifications have 
                        effectively barred such religious organization 
                        from becoming a program provider;
                            ``(iii) the organization has applied to the 
                        Secretary to waive the qualifications; and
                            ``(iv) the State or local government has 
                        failed to demonstrate empirically that the 
                        educational qualifications in question are 
                        necessary to the successful operation of a drug 
                        treatment program.''.

                CHAPTER 6--METHAMPHETAMINE LABORATORIES

SEC. 2361. SHORT TITLE.

    This chapter may be cited as the ``Determined and Full Engagement 
Against the Threat of Methamphetamine'' or ``DEFEAT Meth'' Act of 1999.

SEC. 2362. ENHANCED PUNISHMENT OF METHAMPHETAMINE LABORATORY OPERATORS.

    (a) Federal Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines in accordance with paragraph (2) with respect to any 
        offense relating to the manufacture, attempt to manufacture, or 
        conspiracy to manufacture amphetamine or methamphetamine in 
        violation of--
                    (A) the Controlled Substances Act (21 U.S.C. 801 et 
                seq.);
                    (B) the Controlled Substances Import and Export Act 
                (21 U.S.C. 951 et seq.); or
                    (C) the Maritime Drug Law Enforcement Act (46 
                U.S.C. App. 1901 et seq.).
            (2) Requirements.--In carrying out this subsection, the 
        United States Sentencing Commission shall, with respect to each 
offense described in paragraph (1)--
                    (A) increase the base offense level for the offense 
                so that the base offense level is the same as the base 
                offense level applicable to an identical amount of 
                cocaine base; or
                    (B) if the offense created a substantial risk of 
                danger to the health and safety of another person 
                (including any Federal, State, or local law enforcement 
                officer lawfully present at the location of the 
                offense), increase the base offense level for the 
                offense by not less than 3 offense levels above the 
                level established under subparagraph (A).
            (3) Emergency authority to sentencing commission.--The 
        United States Sentencing Commission shall promulgate amendments 
        pursuant to this subsection as soon as practicable after the 
        date of enactment of this Act in accordance with the procedure 
        set forth in section 21(a) of the Sentencing Act of 1987 
        (Public Law 100-182), as though the authority under that Act 
        had not expired.
    (b) Effective Date.--The amendments made pursuant to this section 
shall apply with respect to any offense occurring on or after the date 
that is 60 days after the date of enactment of this Act.

SEC. 2363. INCREASED RESOURCES FOR LAW ENFORCEMENT.

    (a) Authorization of DEA Funds To Combat Methamphetamines.--
            (1) Purpose.--From amounts made available to carry out this 
        subsection, the Administrator of the Drug Enforcement 
        Administration shall implement a comprehensive approach for 
        targeting and investigating methamphetamine production, 
        trafficking, and abuse to combat the trafficking of 
        methamphetamine in areas designated by the Director of National 
        Drug Control Policy as high intensity drug trafficking areas, 
        which approach shall include--
                    (A) training local law enforcement agents in the 
                detection and destruction of clandestine 
                methamphetamine laboratories, and the prosecution of 
                any offense relating to the manufacture, attempt to 
                manufacture, or conspiracy to manufacture 
                methamphetamine in violation of the Controlled 
                Substances Act (21 U.S.C. 801 et seq.), the Controlled 
                Substances Import and Export Act (21 U.S.C. 951 et 
                seq.), the Maritime Drug Law Enforcement Act (46 U.S.C. 
                App. 1901 et seq.), or applicable State law;
                    (B) investigating and assisting in the prosecution 
                of methamphetamine traffickers, establishing a national 
                clandestine laboratory computer database, reducing the 
                availability of precursor chemicals being diverted to 
                clandestine laboratories in the United States and 
                abroad, and cleaning up the hazardous waste generated 
                by seized clandestine laboratories; and
                    (C) allocating agents to States with the highest 
                rates of clandestine laboratory closures during the 
                most recent 5 fiscal years.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $30,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.
    (b) High Intensity Drug Trafficking Areas.--
            (1) In general.--From amounts made available to carry out 
        this subsection, the Director of National Drug Control Policy 
        shall combat the trafficking of methamphetamine in areas 
        designated by the Director of National Drug Control Policy as 
        high intensity drug trafficking areas, including the hiring of 
        new laboratory technicians in rural communities.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $25,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.
    (c) Expanding Methamphetamine Abuse Prevention Efforts.--
            (1) Prevention programs and activities.--
                    (A) In general.--From amounts made available to 
                carry out this subsection, the Director of National 
                Drug Control Policy shall--
                            (i) carry out community-based prevention 
                        programs that are focused on those populations 
                        within the community that are most at-risk for 
                        methamphetamine abuse and addiction;
                            (ii) assist local government entities to 
                        conduct appropriate methamphetamine prevention 
                        activities;
                            (iii) train and educate State and local law 
                        enforcement officials on the signs of 
                        methamphetamine abuse and addiction and the 
                        options for treatment and prevention;
                            (iv) carry out planning, administration, 
                        and educational activities related to the 
                        prevention of methamphetamine abuse and 
                        addiction;
                            (v) monitor and evaluate methamphetamine 
                        prevention activities, and report and 
                        disseminate resulting information to the 
                        public; and
                            (vi) carry out targeted pilot programs with 
                        evaluation components to encourage innovation 
                        and experimentation with new methodologies.
                    (B) Priority.--In carrying out this paragraph, the 
                Director of National Drug Control Policy shall give 
                priority to assisting rural and urban areas that are 
                experiencing a high rate or rapid increases in 
                methamphetamine abuse and addiction.
                    (C) Analyses and evaluation.--
                            (i) In general.--Of the amount made 
                        available to carry out this subsection in each 
                        fiscal year, not less than $500,000 shall be 
                        used by the Director of National Drug Control 
Policy, in consultation with the heads of other departments and 
agencies of the Federal Government--
                                    (I) to support and conduct periodic 
                                analyses and evaluations of effective 
                                prevention programs for methamphetamine 
                                abuse and addiction; and
                                    (II) for the development of 
                                appropriate strategies for 
                                disseminating information about and 
                                implementing those programs.
                            (ii) Annual reports.--The Director shall 
                        annually submit to Congress a report on results 
                        of the analyses and evaluations under clause 
                        (i) during the preceding 12-month period.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $25,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.

SEC. 2364. METHAMPHETAMINE PARAPHERNALIA.

    Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)) 
is amended by inserting ``methamphetamines,'' after ``PCP,''.

SEC. 2365. MANDATORY RESTITUTION.

    Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)) 
is amended by striking ``may'' and inserting ``shall''.

SEC. 2366. SENSE OF CONGRESS REGARDING METHAMPHETAMINE LABORATORY 
              CLEANUP.

    (a) Findings.--Congress makes the following findings:
            (1) Methamphetamine use is increasing.
            (2) The production of methamphetamine is increasingly 
        taking place in laboratories located in rural and urban areas.
            (3) This production involves dangerous and explosive 
        chemicals that are dumped in an unsafe manner.
            (4) The cost of cleaning up these production sites involves 
        major financial burdens on State and local law enforcement 
        agencies.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Administrator of the Drug Enforcement 
        Administration should develop a comprehensive plan for 
        addressing the need for the speedy and safe clean up of 
        methamphetamine laboratory sites; and
            (2) the Federal Government should allocate sufficient 
        funding to pay for a comprehensive effort to clean up 
        methamphetamine laboratory sites.

        CHAPTER 7--DOCTOR PRESCRIPTIONS OF SCHEDULE I SUBSTANCES

SEC. 2371. RESTRICTIONS ON DOCTORS PRESCRIBING SCHEDULE I SUBSTANCES.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall 
promulgate regulations that require any and all hospitals or health 
care service providers who receive Federal medicare or medicaid 
payments based upon appropriate compliance certification, as an 
additional certification requirement, to certify that no physician or 
other health care professional who has privileges with such hospital or 
health care service provider, or is otherwise employed by them, is 
currently, or will in the future, prescribe or otherwise recommend a 
schedule I substance to any person.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall report to 
Congress the number and names of institutions refusing or otherwise 
failing to fulfill certification requirement of subsection (a).
    (c) Revocation of Certification.--The Attorney General shall 
promulgate regulations to revoke the DEA registration of any physician 
or other health care provider who recommends or prescribes a schedule I 
controlled substance.

                       Subtitle B--Drug Treatment

SEC. 2401. COORDINATED JUVENILE SERVICES GRANTS.

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

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

    ``(a) In General.--The Attorney General and the Secretary of Health 
and Human Services shall make grants to a consortium within a State of 
State or local juvenile justice agencies, State or local substance 
abuse and mental health agencies, and child service agencies to 
coordinate the delivery of services to children among these agencies.
    ``(b) Use of Funds.--A consortium described in subsection (a) that 
receives a grant under this section shall use the grant for the 
establishment and implementation of programs that address the service 
needs of juveniles with substance abuse and treatment problems who come 
into contact with the justice system by requiring the following:
            ``(1) Collaboration across child serving systems, including 
        juvenile justice agencies, relevant substance abuse and mental 
        health treatment providers, and State or local educational 
        entities and welfare agencies.
            ``(2) Appropriate screening and assessment of juveniles.
            ``(3) Individual treatment plans.
            ``(4) Significant involvement of juvenile judges where 
        possible.
    ``(c) Application for Coordinated Juvenile Services Grant.--
            ``(1) In general.--A consortium described in subsection (a) 
        desiring to receive a grant under this section shall submit an 
        application containing such information as the Administrator 
        may prescribe.
            ``(2) Contents.--In addition to guidelines established by 
        the Administrator, each application submitted under paragraph 
        (1) shall provide--
                    ``(A) certification that there has been appropriate 
                consultation with all affected agencies and that there 
                will be appropriate coordination with all affected 
agencies in the implementation of the program;
                    ``(B) for the regular evaluation of the program 
                funded by the grant and describe the methodology that 
                will be used in evaluating the program;
                    ``(C) assurances that the proposed program or 
                activity will not supplant similar programs and 
                activities currently available in the community; and
                    ``(D) specify plans for obtaining necessary support 
                and continuing the proposed program following the 
                conclusion of Federal support.
            ``(3) Federal share.--The Federal share of a grant under 
        this section shall not exceed 75 percent of the cost of the 
        program.
    ``(d) Report.--Each recipient of a grant under this section during 
a fiscal year shall submit to the Attorney General a report regarding 
the effectiveness of programs established with the grant on the date 
specified by the Attorney General.
    ``(e) Authorization of Appropriations.--There shall be made 
available from the Violent Crime Reduction Trust Fund for each of 
fiscal years 2000 through 2004, $50,000,000 to carry out this 
section.''.

SEC. 2402. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

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

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

    ``(a) Definitions.--In this section:
            ``(1) The term `jail-based substance abuse treatment 
        program' means a course of individual and group activities, 
        lasting for a period of not less than 3 months, in an area of a 
        correctional facility set apart from the general population of 
        the correctional facility, if those activities are--
                    ``(A) directed at the substance abuse problems of 
                prisoners; and
                    ``(B) intended to develop the cognitive, 
                behavioral, social, vocational, and other skills of 
                prisoners in order to address the substance abuse and 
                related problems of prisoners.
            ``(2) The term `local correctional facility' means any 
        correctional facility operated by a unit of local government.
    ``(b) Authorization.--
            ``(1) In general.--Not less than 10 percent of the total 
        amount made available to a State under section 1904(a) for any 
        fiscal year may be used by the State to make grants to local 
        correctional facilities in the State for the purpose of 
        assisting jail-based substance abuse treatment programs 
        established by those local correctional facilities.
            ``(2) Federal share.--The Federal share of a grant made by 
        a State under this section to a local correctional facility may 
        not exceed 75 percent of the total cost of the jail-based 
        substance abuse treatment program described in the application 
        submitted under subsection (c) for the fiscal year for which 
        the program receives assistance under this section.
    ``(c) Applications.--
            ``(1) In general.--To be eligible to receive a grant from a 
        State under this section for a jail-based substance abuse 
        treatment program, the chief executive of a local correctional 
        facility shall submit to the State, in such form and containing 
        such information as the State may reasonably require, an 
        application that meets the requirements of paragraph (2).
            ``(2) Application requirements.--Each application submitted 
        under paragraph (1) shall include--
                    ``(A) with respect to the jail-based substance 
                abuse treatment program for which assistance is sought, 
                a description of the program and a written 
                certification that the local correctional facility 
                will--
                            ``(i) coordinate the design and 
                        implementation of the program between local 
                        correctional facility representatives and the 
                        appropriate State and local alcohol and 
                        substance abuse agencies;
                            ``(ii) implement (or continue to require) 
                        urinalysis or other proven reliable forms of 
                        substance abuse testing of individuals 
                        participating in the program, including the 
                        testing of individuals released from the jail-
                        based substance abuse treatment program who 
                        remain in the custody of the local correctional 
                        facility; and
                            ``(iii) carry out the program in accordance 
                        with guidelines, which shall be established by 
                        the State, in order to guarantee each 
                        participant in the program access to 
                        consistent, continual care if transferred to a 
                        different local correctional facility within 
                        the State;
                    ``(B) written assurances that Federal funds 
                received by the local correctional facility from the 
                State under this section will be used to supplement, 
                and not to supplant, non-Federal funds that would 
                otherwise be available for jail-based substance abuse 
                treatment programs assisted with amounts made available 
                to the local correctional facility under this section; 
                and
                    ``(C) a description of the manner in which amounts 
                received by the local correctional facility from the 
                State under this section will be coordinated with 
                Federal assistance for substance abuse treatment and 
                aftercare services provided to the local correctional 
                facility by the Substance Abuse and Mental Health 
                Services Administration of the Department of Health and 
                Human Services.
    ``(d) Review of Applications.--
            ``(1) In general.--Upon receipt of an application under 
        subsection (c), the State shall--
                    ``(A) review the application to ensure that the 
                application, and the jail-based residential substance 
                abuse treatment program for which a grant under this 
                section is sought, meet the requirements of this 
                section; and
                    ``(B) if so, make an affirmative finding in writing 
                that the jail-based substance abuse treatment program 
                for which assistance is sought meets the requirements 
                of this section.
            ``(2) Approval.--Based on the review conducted under 
        paragraph (1), not later than 90 days after the date on which 
        an application is submitted under subsection (c), the State 
        shall--
                    ``(A) approve the application, disapprove the 
                application, or request a continued evaluation of the 
                application for an additional period of 90 days; and
                    ``(B) notify the applicant of the action taken 
                under subparagraph (A) and, with respect to any denial 
                of an application under subparagraph (A), afford the 
                applicant an opportunity for reconsideration.
            ``(3) Eligibility for preference with aftercare 
        component.--
                    ``(A) In general.--In making grants under this 
                section, a State shall give preference to applications 
                from local correctional facilities that ensure that 
                each participant in the jail-based substance abuse 
                treatment program for which a grant under this section 
                is sought, is required to participate in an aftercare 
                services program that meets the requirements of 
                subparagraph (B), for a period of not less than 1 year 
                following the earlier of--
                            ``(i) the date on which the participant 
                        completes the jail-based substance abuse 
                        treatment program; or
                            ``(ii) the date on which the participant is 
                        released from the correctional facility at the 
                        end of the participant's sentence or is 
                        released on parole.
                    ``(B) Aftercare services program requirements.--For 
                purposes of subparagraph (A), an aftercare services 
                program meets the requirements of this paragraph if the 
                program--
                            ``(i) in selecting individuals for 
                        participation in the program, gives priority to 
                        individuals who have completed a jail-based 
                        substance abuse treatment program;
                            ``(ii) requires each participant in the 
                        program to submit to periodic substance abuse 
                        testing; and
                            ``(iii) involves the coordination between 
                        the jail-based substance abuse treatment 
                        program and other human service and 
                        rehabilitation programs that may assist in the 
                        rehabilitation of program participants, such 
                        as--
                                    ``(I) educational and job training 
                                programs;
                                    ``(II) parole supervision programs;
                                    ``(III) half-way house programs; 
                                and
                                    ``(IV) participation in self-help 
                                and peer group programs; and
                            ``(iv) assists in placing jail-based 
                        substance abuse treatment program participants 
                        with appropriate community substance abuse 
                        treatment facilities upon release from the 
                        correctional facility at the end of a sentence 
                        or on parole.
    ``(e) Coordination and Consultation.--
            ``(1) Coordination.--Each State that makes 1 or more grants 
        under this section in any fiscal year shall, to the maximum 
        extent practicable, implement a statewide communications 
        network with the capacity to track the participants in jail-
        based substance abuse treatment programs established by local 
        correctional facilities in the State as those participants move 
        between local correctional facilities within the State.
            ``(2) Consultation.--Each State described in paragraph (1) 
        shall consult with the Attorney General and the Secretary of 
        Health and Human Services to ensure that each jail-based 
        substance abuse treatment program assisted with a grant made by 
        the State under this section incorporates applicable components 
of comprehensive approaches, including relapse prevention and aftercare 
services.
    ``(f) Use of Grant Amounts.--
            ``(1) In general.--Each local correctional facility that 
        receives a grant under this section shall use the grant amount 
        solely for the purpose of carrying out the jail-based substance 
        abuse treatment program described in the application submitted 
        under subsection (c).
            ``(2) Administration.--Each local correctional facility 
        that receives a grant under this section shall carry out all 
        activities relating to the administration of the grant amount, 
        including reviewing the manner in which the amount is expended, 
        processing, monitoring the progress of the program assisted, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.
            ``(3) Restriction.--A local correctional facility may not 
        use any amount of a grant under this section for land 
        acquisition or a construction project.
    ``(g) Reporting Requirement; Performance Review.--
            ``(1) Reporting requirement.--Not later than March 1 each 
        year, each local correctional facility that receives a grant 
        under this section shall submit to the Attorney General, 
        through the State, a description and evaluation of the jail-
        based substance abuse treatment program carried out by the 
        local correctional facility with the grant amount, in such form 
        and containing such information as the Attorney General may 
        reasonably require.
            ``(2) Performance review.--The Attorney General shall 
        conduct an annual review of each jail-based substance abuse 
        treatment program assisted under this section, in order to 
        verify the compliance of local correctional facilities with the 
        requirements of this section.
    ``(h) No Effect on State Allocation.--Nothing in this section shall 
be construed to affect the allocation of amounts to States under 
section 1904(a).''.
    (c) Eligibility for Substance Abuse Treatment.--Part S of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796ff et seq.), as amended by subsection (b), is further amended by 
adding at the end the following:

``SEC. 1907. DEFINITIONS.

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

``1906. Jail-based substance abuse treatment.
``1907. Definitions.''.

SEC. 2403. JUVENILE SUBSTANCE ABUSE COURTS.

    (a) Grant Authority.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at 
the end the following:

               ``PART AA--JUVENILE SUBSTANCE ABUSE COURTS

``SEC. 2701. DEFINITIONS.

    ``In this part:
            ``(1) The term `violent juvenile offender' means a juvenile 
        who has been convicted of a violent offense or adjudicated 
        delinquent for an act that, if committed by an adult, would 
        constitute a violent offense.
            ``(2) The term `violent offense' means a criminal offense 
        during the course of which--
                    ``(A) the individual carried, possessed, or used a 
                firearm or dangerous weapon;
                    ``(B) the death of or serious bodily injury of 
                another person occurred as a direct result of the 
                commission of such offense; or
                    ``(C) the individual used force against the person 
                of another.

``SEC. 2702. GRANT AUTHORITY.

    ``(a) Appropriate Substance Abuse Court Programs.--The Attorney 
General may make grants to States, State courts, local courts, units of 
local government, and Indian tribes in accordance with this part to 
establish programs that--
            ``(1) continue judicial supervision over juvenile offenders 
        (other than violent juvenile offenders) with substance abuse 
        problems; and
            ``(2) integrate administration of other sanctions and 
        services, which include--
                    ``(A) mandatory periodic testing for the use of 
                controlled substances or other addictive substances 
                during any period of supervised release or probation 
                for each participant;
                    ``(B) substance abuse treatment for each 
                participant;
                    ``(C) probation, diversion, or other supervised 
                release involving the possibility of prosecution, 
                confinement, or incarceration based on noncompliance 
                with program requirements or failure to show 
                satisfactory progress;
                    ``(D) programmatic, offender management, and 
                aftercare services such as relapse prevention, health 
                care, education, vocational training, job placement, 
                housing placement, and child care or other family 
                support service for each participant who requires such 
                services;
                    ``(E) payment by the offender of treatment costs, 
                to the extent practicable, such as costs for urinalysis 
                or counseling; and
                    ``(F) payment by the offender of restitution, to 
                the extent practicable, to either a victim of the 
                offender's offense or to a restitution or similar 
                victim support fund.
    ``(b) Use of Grants for Necessary Support Programs.--A recipient of 
a grant under this part may use the grant to pay for treatment, 
counseling, and other related and necessary expenses not covered by 
other Federal, State, Indian tribal, and local sources of funding that 
would otherwise be available.
    ``(c) Continued Availability of Grant Funds.--Amounts made 
available under this part shall remain available until expended.

``SEC. 2703. APPLICATIONS.

    ``(a) In General.--In order to receive a grant under this part, the 
chief executive or the chief justice of a State, or the chief executive 
or chief judge of a unit of local government or Indian tribe shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require.
    ``(b) Contents.--In addition to any other requirements that may be 
specified by the Attorney General, each application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan;
            ``(2) explain the applicant's need for Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, Indian tribal, and 
        local sources of funding that would otherwise be available;
            ``(4) identify related governmental or community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the substance abuse court program;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            ``(8) describe the methodology that will be used in 
        evaluating the program.

``SEC. 2704. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 90 percent of the total costs of the program 
described in the application submitted under section 2703 for the 
fiscal year for which the program receives assistance under this part.
    ``(b) Waiver.--The Attorney General may waive, in whole or in part, 
the requirement of a matching contribution under subsection (a).
    ``(c) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant under this part.

``SEC. 2705. REPORT.

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

``SEC. 2706. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

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

``SEC. 2707. REGULATIONS.

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

``SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for each of fiscal years 
2000 through 2005, $50,000,000 to carry out this part.''.
    (b) Clerical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by adding at the end the following:

               ``Part 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.''.

                Subtitle C--Gangs and Domestic Terrorism

                       CHAPTER 1--JUVENILE GANGS

SEC. 2501. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 
              GANG ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, to recruit, solicit, induce, command, or cause 
another person to be or to remain as a member of a criminal street 
gang, or conspire to do so.
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) if the person recruited, solicited, induced, 
        commanded, or caused--
                    ``(A) is a minor, be imprisoned not less than 4 
                years and not more than 10 years, fined in accordance 
                with this title, or both; or
                    ``(B) is not a minor, be imprisoned not less than 1 
                year and not more than 10 years, fined in accordance 
                with this title, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor attains the 
        age of 18 years.
    ``(c) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given the term in section 521.
            ``(2) Minor.--The term `minor' means a person who is 
        younger than 18 years of age.''.
    (b) Clerical Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following:

``522. Recruitment of persons to participate in criminal street gang 
                            activity.''.

SEC. 2502. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 2503. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a Federal offense that is a crime of violence, or to 
assist in avoiding detection or apprehension for such an offense, 
shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine that would otherwise be imposed for the 
        offense; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum imprisonment and 
        3 times the maximum fine that would otherwise be imposed for 
        the offense.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the meaning given the term in section 16 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 18, 
United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.

SEC. 2504. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area under this 
        subsection, the Attorney General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        each of fiscal years 2000 through 2005, $100,000,000 to carry 
        out this section, to be used in accordance with paragraph (2).
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 75 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 25 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of amounts made available 
                under paragraph (1) in each fiscal year are used to 
                assist rural States affected as described in 
                subparagraphs (B) and (C) of subsection (b)(3).
                    (B) Rural state defined.--In this paragraph, the 
                term ``rural State'' has the meaning given the term in 
                section 1501(b) of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)).

SEC. 2505. INCREASED PENALTY FOR USE OF PHYSICAL FORCE TO TAMPER WITH 
              WITNESSES, VICTIMS, OR INFORMANTS.

    (a) In General.--Section 1512 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
    ``(2) Whoever uses physical force or the threat of physical force 
against any person, or attempts to do so, with intent to--
            ``(A) influence, delay, or prevent the testimony of any 
        person in an official proceeding;
            ``(B) cause or induce any person to--
                    ``(i) withhold testimony, or withhold a record, 
                document, or other object, from an official proceeding;
                    ``(ii) alter, destroy, mutilate, or conceal an 
                object with intent to impair the object's integrity or 
                availability for use in an official proceeding;
                    ``(iii) evade legal process summoning that person 
                to appear as a witness, or to produce a record, 
                document, or other object, in an official proceeding; 
                or
                    ``(iv) be absent from an official proceeding to 
                which such person has been summoned by legal process; 
                or
            ``(C) hinder, delay, or prevent the communication to a law 
        enforcement officer or judge of the United States of 
        information relating to the commission or possible commission 
        of a Federal offense or a violation of conditions of probation, 
        parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3), as so redesignated, by 
                striking subparagraph (B) and inserting the following:
            ``(B) in the case of--
                            ``(i) an attempt to murder; or
                            ``(ii) the use of physical force against 
                        any person;
            imprisonment for not more than 20 years.''; and
            (2) in subsection (b), by striking ``or physical force''.
    (b) Conspiracy.--That section is further amended by adding at the 
end the following:
    ``(j) Conspiracy.--Whoever conspires to commit any offense under 
this section or section 1513 shall be subject to the same penalties as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

                    CHAPTER 2--TRAVEL ACT AMENDMENT

SEC. 2511. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL GANGS.

    (a) Travel Act Amendment.--Section 1952 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation in aid of 
              racketeering enterprises
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A);
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity;
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;
                    ``(B) extortion, bribery, arson, burglary if the 
                offense involves property valued at not less than 
                $10,000, assault with a deadly weapon, assault 
                resulting in bodily injury, shooting at an occupied 
                dwelling or motor vehicle, or retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, in violation of the laws of the State in 
                which the offense is committed or of the United States;
                    ``(C) the use of bribery, force, intimidation, or 
                threat, directed against any person, to delay or 
                influence the testimony of or prevent from testifying a 
                witness in a State criminal proceeding or by any such 
                means to cause any person to destroy, alter, or conceal 
                a record, document, or other object, with intent to 
                impair the object's integrity or availability for use 
                in such a proceeding; or
                    ``(D) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        Sentencing Guidelines to provide an appropriate increase in the 
        offense levels for traveling in interstate or foreign commerce 
        in aid of unlawful activity.
            (2) Unlawful activity defined.--In this subsection, the 
        term ``unlawful activity'' has the meaning given that term in 
        section 1952(b) of title 18, United States Code, as amended by 
        this section.
            (3) Sentencing enhancement for recruitment across state 
        lines.--Pursuant to its authority under section 994(p) of title 
        28, United States Code, the United States Sentencing Commission 
        shall amend the Federal Sentencing Guidelines to provide an 
        appropriate enhancement for a person who, in violating section 
        522 of title 18, United States Code (as added by section 2501 
        of this Act), recruits, solicits, induces, commands, or causes 
        another person residing in another State to be or to remain a 
        member of a criminal gang, or crosses a State line with the 
        intent to recruit, solicit, induce, command, or cause another 
        person to be or to remain a member of a criminal gang.

     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.

    (a) Unlawful Conduct.--Section 842 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(p) Distribution of Information Relating to Explosives, 
Destructive Devices, and Weapons of Mass Destruction.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `destructive device' has the same 
                meaning as in section 921(a)(4).
                    ``(B) The term `explosive' has the same meaning as 
                in section 844(j).
                    ``(C) The term `weapon of mass destruction' has the 
                same meaning as in section 2332a(c)(2).
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to teach or demonstrate the making or use of 
                an explosive, a destructive device, or a weapon of mass 
                destruction, or to distribute by any means information 
                pertaining to, in whole or in part, the manufacture or 
                use of an explosive, destructive device, or weapon of 
                mass destruction, with the intent that the teaching, 
                demonstration, or information be used for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence; or
                    ``(B) to teach or demonstrate to any person the 
                making or use of an explosive, a destructive device, or 
                a weapon of mass destruction, or to distribute to any 
                person, by any means, information pertaining to, in 
                whole or in part, the manufacture or use of an 
                explosive, destructive device, or weapon of mass 
                destruction, knowing that such person intends to use 
                the teaching, demonstration, or information for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence.''.
    (b) Penalties.--Section 844 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``person who violates 
        any of subsections'' and inserting the following: ``person 
        who--
            ``(1) violates any of subsections'';
            (2) by striking the period at the end and inserting ``; 
        and'';
            (3) by adding at the end the following:
            ``(2) violates subsection (p)(2) of section 842, shall be 
        fined under this title, imprisoned not more than 20 years, or 
        both.''; and
            (4) in subsection (j), by striking ``and (i)'' and 
        inserting ``(i), and (p)''.

        CHAPTER 4--ANIMAL ENTERPRISE TERRORISM AND ECOTERRORISM

SEC. 2531. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.

    Section 43 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A), by striking ``under this title'' and inserting 
                ``consistent with this title or double the amount of 
                damages, whichever is greater,''; and
                    (B) by striking ``one year'' and inserting ``five 
                years''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
                            ``(2)  Explosives or arson.--Whoever in the 
                        course of a violation of subsection (a) 
                        maliciously damages or destroys, or attempts to 
                        damage or destroy, by means of fire or an 
                        explosive, any building, vehicle, or other real 
                        or personal property used by the animal 
                        enterprise shall be imprisoned for not less 
                        than 5 years and not more than 20 years, fined 
                        under this title, or both.''; and
                    (C) in paragraph (3), as so redesignated, by 
                striking ``under this title and'' and all that follows 
                and inserting ``under this title, imprisoned for life 
                or for any term of years, or sentenced to death.''.

SEC. 2532. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT 
              CLEARINGHOUSE.

    (a) In General.--The Director shall establish and maintain a 
national clearinghouse for information on incidents of crime and 
terrorism--
            (1) committed against or directed at any animal enterprise;
            (2) committed against or directed at any commercial 
        activity because of the perceived impact or effect of such 
        commercial activity on the environment; or
            (3) committed against or directed at any person because of 
        such person's perceived connection with or support of any 
        enterprise or activity described in paragraph (1) or (2).
    (b) Clearinghouse.--The clearinghouse established under subsection 
(a) shall--
            (1) accept, collect, and maintain information on incidents 
        described in subsection (a) that is submitted to the 
        clearinghouse by Federal, State, and local law enforcement 
        agencies, by law enforcement agencies of foreign countries, and 
        by victims of such incidents;
            (2) collate and index such information for purposes of 
        cross-referencing; and
            (3) upon request from a Federal, State, or local law 
        enforcement agency, or from a law enforcement agency of a 
        foreign country, provide such information to assist in the 
        investigation of an incident described in subsection (a).
    (c) Scope of Information.--The information maintained by the 
clearinghouse for each incident shall, to the extent practicable, 
include--
            (1) the date, time, and place of the incident;
            (2) details of the incident;
            (3) any available information on suspects or perpetrators 
        of the incident; and
            (4) any other relevant information.
    (d) Design of Clearinghouse.--The clearinghouse shall be designed 
for maximum ease of use by participating law enforcement agencies.
    (e) Publicity.--The Director shall publicize the existence of the 
clearinghouse to law enforcement agencies by appropriate means.
    (f) Resources.--In establishing and maintaining the clearinghouse, 
the Director may--
            (1) through the Attorney General, utilize the resources of 
        any other department or agency of the Federal Government; and
            (2) accept assistance and information from private 
        organizations or individuals.
    (g) Coordination.--The Director shall carry out the Director's 
responsibilities under this section in cooperation with the Director of 
the Bureau of Alcohol, Tobacco, and Firearms.
    (h) Definitions.--As used in this section:
            (1) The term ``animal enterprise'' has the same meaning 
        given such term in section 43 of title 18, United States Code.
            (2) The term ``Director'' means the Director of the Federal 
        Bureau of Investigation.
    (i) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for fiscal years 2000, 2001, 2002, 2003, and 2004 such 
sums as are necessary to carry out this section.

           Subtitle D--High Intensity Drug Trafficking Areas

SEC. 2601. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Numerous law enforcement agencies, including the United 
        States Customs Service, the Drug Enforcement Agency, and State 
        and local law enforcement agencies, are overwhelmed by the high 
        volume of methamphetamine trafficking along the Northern Border 
        of the United States, including throughout the State of 
        Minnesota.
            (2) Minnesota and other States along the northern border 
        have become hubs for the clandestine manufacture, production, 
        sale, and abuse of methamphetamines.
            (3) It is necessary to coordinate Federal, State, and local 
        law enforcement efforts to address the problem of 
        methamphetamine trafficking and abuse along the northern 
        border.
    (b) Purpose.--The purpose of this subtitle is to provide for the 
designation of the Northern Border of the United States as a high 
intensity drug trafficking area to better address the problem of 
methamphetamine trafficking along the area of the northern border by 
directing additional resources to the area.

SEC. 2602. DESIGNATION OF NORTHERN BORDER AS HIGH INTENSITY DRUG 
              TRAFFICKING AREA.

    Not later than 180 days after the date of enactment of this Act, 
the Director of the Office of National Drug Control Policy shall 
designate appropriate areas along the Northern Border of the United 
States as a high intensity drug trafficking area. The areas designated 
shall include the State of Minnesota.

SEC. 2603. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated to the Office of 
National Drug Control Policy for fiscal year 2000, $2,700,000 to carry 
out the purposes of this subtitle.

             TITLE III--CRIMINAL USE OF FIREARMS BY FELONS

             Subtitle A--Criminal Use of Firearms by Felons

SEC. 3001. SHORT TITLE.

    This subtitle may be referred to as the ``Criminal Use of Firearms 
by Felons (CUFF) Act''.

SEC. 3002. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall establish in the 
jurisdictions specified in subsection (d) a program that meets the 
requirements of subsections (b) and (c). The program shall be known as 
the ``Criminal Use of Firearms by Felons (CUFF) Program''.
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for coordination with State and local law 
        enforcement officials in the identification of violations of 
        Federal firearms laws;
            (2) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral to the 
        United States Attorney for prosecution of persons arrested for 
        violations of section 922(a)(6), 922(g)(1), 922(g)(2), 
        922(g)(3), 922(j), 922(k), or 924(c) of title 18, United States 
        Code, or section 5861(d) or 5861(h) of the Internal Revenue 
        Code of 1986, relating to firearms;
            (3) require that the United States Attorney designate not 
        less than 1 Assistant United States Attorney to prosecute 
        violations of Federal firearms laws;
            (4) provide for the hiring of agents for the Bureau of 
        Alcohol, Tobacco, and Firearms to investigate violations of the 
        provisions referred to in paragraph (2) and section 922(a)(5) 
        of title 18, United States Code, relating to firearms; and
            (5) ensure that each person referred to the United States 
        Attorney under paragraph (1) be charged with a violation of the 
        most serious Federal offense consistent with the act committed.
    (c) Public Education Campaign.--As part of the program for a 
jurisdiction, the United States Attorney shall carry out, in 
cooperation with local civic, community, and religious organizations, 
an extensive media campaign focused in high-crime areas to--
            (1) educate the public about the severity of penalties for 
        violations of Federal firearms laws; and
            (2) encourage law-abiding citizens to report the possession 
        of illegal firearms to authorities.
    (d) Covered Jurisdictions.--The jurisdictions specified in this 
subsection are the following 25 jurisdictions:
            (1) The 10 jurisdictions with a population equal to or 
        greater than 100,000 persons that had the highest total number 
        of violent crimes according to the FBI uniform crime report for 
        1998.
            (2) The 15 jurisdictions with such a population, other than 
        the jurisdictions covered by paragraph (1), with the highest 
        per capita rate of violent crime according to the FBI uniform 
        crime report for 1998.

SEC. 3003. ANNUAL REPORTS.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of Senate and House of Representatives a 
report containing the following information:
            (1) The number of Assistant United States Attorneys hired 
        under the program under this subtitle during the year preceding 
        the year in which the report is submitted in order to prosecute 
        violations of Federal firearms laws in Federal court.
            (2) The number of individuals indicted for such violations 
        during that year by reason of the program.
            (3) The increase or decrease in the number of individuals 
        indicted for such violations during that year by reason of the 
        program when compared with the year preceding that year.
            (4) The number of individuals held without bond in 
        anticipation of prosecution by reason of the program.
            (5) To the extent information is available, the average 
        length of prison sentence of the individuals convicted of 
        violations of Federal firearms laws by reason of the program.

SEC. 3004. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2000 $50,000,000 for purposes of the 
program required under section 3002, of which--
            (1) $40,000,000 shall be for salaries and expenses of 
        Assistant United States Attorneys and Bureau of Alcohol, 
        Tobacco, and Firearms agents; and
            (2) $10,000,000 shall be available for the public relations 
        campaign required by subsection (c) of that section.
    (b) Use of Funds.--(1) The Assistant United States Attorneys hired 
using amounts appropriated pursuant to the authorization of 
appropriations in subsection (a) shall prosecute violations of Federal 
firearms laws in accordance with section 3002(b)(3).
    (2) The Bureau of Alcohol, Tobacco, and Firearms agents hired using 
amounts appropriated pursuant to the authorization of appropriations in 
subsection (a) shall, to the maximum extent practicable, concentrate 
their investigations on violations of Federal firearms laws in 
accordance with section 3002(b)(4).
    (3) It is the sense of Congress that amounts made available under 
this section for the public education campaign required by section 
3002(c) should, to the maximum extent practicable, be matched with 
State or local funds or private donations.

   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

SEC. 3101. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED VIOLENT 
              CRIMINALS.

    (a) Pretrial Detention For Possession of Firearms or Explosives By 
Convicted Felons.--Section 3156(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking ``and'' at the end of subparagraph (C) and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) (relating to possession of explosives 
                or firearms by convicted felons); and''.
    (b) Firearms Possession By Violent Felons and Serious Drug 
Offenders.--Section 924(a)(2) of title 18, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(A) Except as 
        provided in subparagraph (B), any person who''; and
            (2) by adding at the end the following:
    ``(B) Notwithstanding any other provision of law, the court shall 
not grant a probationary sentence to a person who has more than 1 
previous conviction for a violent felony or a serious drug offense, 
committed under different circumstances.''.

      TITLE IV--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION

                  Subtitle A--Juvenile Justice Reform

SEC. 4101. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Technical and Conforming Amendments.--The analysis for chapter 
401 of title 18, United States Code, is amended--
            (1) by striking the items relating to sections 5001 and 
        5002; and
            (2) by redesignating the item relating to section 5003 as 
        an item relating to section 5001.

SEC. 4102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--
            ``(1) Delinquency proceedings in district courts.--A 
        juvenile who is alleged to have committed a Federal offense 
        shall, except as provided in paragraph (2), be tried in the 
        appropriate district court of the United States--
                    ``(A) in the case of an offense described in 
                subsection (c), and except as provided in subsection 
                (i), if the juvenile was not less than 14 years of age 
                at the time of the offense, as an adult at the 
                discretion of the United States Attorney in the 
                appropriate jurisdiction, upon certification by that 
                United States Attorney (which certification shall not 
                be subject to review in or by any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(B) in the case of a felony offense that is not 
                described in subsection (c), and except as provided in 
                subsection (i), if the juvenile was not less than 14 
                years of age at the time of the offense, as an adult, 
                upon certification by the Attorney General (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(C) in the case of a juvenile who has, on a prior 
                occasion, been tried and convicted as an adult under 
                this section, as an adult; and
                    ``(D) in all other cases, as a juvenile.
            ``(2) Referral by united states attorney; application to 
        concurrent jurisdiction.--
                    ``(A) In general.--If the United States Attorney in 
                the appropriate jurisdiction (or in the case of an 
                offense under paragraph (1)(B), the Attorney General), 
                declines prosecution of an offense under this section, 
                the matter may be referred to the appropriate legal 
                authorities of the State or Indian tribe with 
                jurisdiction over both the offense and the juvenile.
                    ``(B) Application to concurrent jurisdiction.--The 
                United States Attorney in the appropriate jurisdiction 
                (or, in the case of an offense under paragraph (1)(B), 
                the Attorney General), in cases of concurrent 
                jurisdiction between the Federal Government and a State 
                or Indian tribe over both the offense and the juvenile, 
                shall exercise a presumption in favor of referral 
                pursuant to subparagraph (A), unless the United States 
                Attorney pursuant to paragraph (1)(A) (or the Attorney 
                General pursuant to paragraph (1)(B)) certifies (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) the prosecuting authority or the 
                        juvenile court or other appropriate court of 
                        the State or Indian tribe refuses, declines, or 
                        will refuse or will decline to assume 
                        jurisdiction over the offense or the juvenile; 
                        and
                            ``(ii) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction.
                    ``(C) Definitions.--In this subsection:
                            ``(i) Indian tribe.--The term `Indian 
                        tribe' has the meaning given the term in 
                        section 4(e) of the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 
                        450b(e)).
                            ``(ii) State.--The term `State' includes a 
                        State of the United States, the District of 
                        Columbia, and any commonwealth, territory, or 
                        possession of the United States.
    ``(b) Joinder; Lesser Included Offenses.--In a prosecution under 
this section, a juvenile may be prosecuted and convicted as an adult 
for any offense that is properly joined under the Federal Rules of 
Criminal Procedure with an offense described in subsection (c), and may 
also be convicted of a lesser included offense.
    ``(c) Offenses Described.--An offense is described in this 
subsection if it is a Federal offense that--
            ``(1) is a serious violent felony or a serious drug offense 
        (as those terms are defined in section 3559(c), except that 
        section 3559(c)(3) does not apply to this subsection); or
            ``(2) is a conspiracy or an attempt to commit an offense 
        described in paragraph (1).
    ``(d) Waiver to Juvenile Status in Certain Cases; Limitations on 
Judicial Review.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, a determination to approve or not to approve, or to 
institute or not to institute, a prosecution under subsection (a)(1) 
shall not be reviewable in any court.
            ``(2) Determination by court on trial as adult of certain 
        juvenile.--In any prosecution of a juvenile under subsection 
        (a)(1)(A) if the juvenile was less than 16 years of age at the 
        time of the offense, or under subsection (a)(1)(B), upon motion 
        of the defendant and after a hearing, the court in which 
        criminal charges have been filed shall determine whether to 
        issue an order to provide for the transfer of the defendant to 
        juvenile status for the purposes of proceeding against the 
        defendant under subsection (a).
            ``(3) Time requirements.--A motion by a defendant under 
        paragraph (2) shall not be considered unless that motion is 
        filed not later than 20 days after the date on which the 
        defendant--
                    ``(A) initially appears through counsel; or
                    ``(B) expressly waives the right to counsel and 
                elects to proceed pro se.
            ``(4) Prohibition.--The court shall not order the transfer 
        of a defendant to juvenile status under paragraph (2) unless 
        the defendant establishes by clear and convincing evidence or 
        information that removal to juvenile status would be in the 
        interest of justice. In making a determination under paragraph 
        (2), the court may consider--
                    ``(A) the nature of the alleged offense, including 
                the extent to which the juvenile played a leadership 
                role in an organization, or otherwise influenced other 
                persons to take part in criminal activities;
                    ``(B) whether prosecution of the juvenile as an 
                adult is necessary to protect property or public 
                safety;
                    ``(C) the age and social background of the 
                juvenile;
                    ``(D) the extent and nature of the prior criminal 
                or delinquency record of the juvenile;
                    ``(E) the intellectual development and 
                psychological maturity of the juvenile;
                    ``(F) the nature of any treatment efforts and the 
                response of the juvenile to those efforts; and
                    ``(G) the availability of programs designed to 
                treat any identified behavioral problems of the 
                juvenile.
            ``(5) Status of orders.--
                    ``(A) In general.--An order of the court made in 
                ruling on a motion by a defendant to transfer a 
                defendant to juvenile status under this subsection 
                shall not be a final order for the purpose of enabling 
                an appeal, except that an appeal by the United States 
                shall lie to a court of appeals pursuant to section 
                3731 from an order of a district court removing a 
                defendant to juvenile status.
                    ``(B) Appeals.--Upon receipt of a notice of appeal 
                of an order under this paragraph, a court of appeals 
                shall hear and determine the appeal on an expedited 
                basis.
            ``(6) Inadmissibility of evidence.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no statement made by a defendant 
                during or in connection with a hearing under this 
                subsection shall be admissible against the defendant in 
                any criminal prosecution.
                    ``(B) Exceptions.--The prohibition under 
                subparagraph (A) shall not apply, except--
                            ``(i) for impeachment purposes; or
                            ``(ii) in a prosecution for perjury or 
                        giving a false statement.
            ``(7) Rules.--The rules concerning the receipt and 
        admissibility of evidence under this subsection shall be the 
        same as prescribed in section 3142(f).
    ``(e) Applicable Procedures.--Any prosecution in a district court 
of the United States under this section--
            ``(1) in the case of a juvenile tried as an adult under 
        subsection (a), shall proceed in the same manner as is required 
        by this title and by the Federal Rules of Criminal Procedure in 
        any proceeding against an adult; and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(f) Application of Laws.--
            ``(1) Applicability of sentencing provisions.--
                    ``(A) In general.--Except as otherwise provided in 
                this chapter, in any case in which a juvenile is 
                prosecuted in a district court of the United States as 
                an adult, the juvenile shall be subject to the same 
                laws, rules, and proceedings regarding sentencing 
                (including the availability of probation, restitution, 
                fines, forfeiture, imprisonment, and supervised 
                release) that would be applicable in the case of an 
                adult, except that no person shall be subject to the 
                death penalty for an offense committed before the 
                person attains the age of 18 years.
                    ``(B) Status as adult.--No juvenile sentenced to a 
                term of imprisonment shall be released from custody on 
                the basis that the juvenile has attained the age of 18 
                years.
                    ``(C) Applicable guidelines.--Each juvenile tried 
                as an adult shall be sentenced in accordance with the 
                Federal sentencing guidelines promulgated under section 
                994(z) of title 28, United States Code, once such 
                guidelines are promulgated and take effect.
            ``(2) Applicability of mandatory restitution provisions to 
        certain juveniles.--If a juvenile is tried as an adult for any 
        offense to which the mandatory restitution provisions of 
        sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
        sections shall apply to that juvenile in the same manner and to 
        the same extent as those provisions apply to adults.
    ``(g) Open Proceedings.--
            ``(1) In general.--Any offense tried or adjudicated in a 
        district court of the United States under this section shall be 
open to the general public, in accordance with rules 10, 26, 31(a), and 
53 of the Federal Rules of Criminal Procedure, unless good cause is 
established by the moving party or is otherwise found by the court, for 
closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(h) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        arrest or prosecution of a juvenile in a district court of the 
        United States under this section, the United States Attorney of 
        the appropriate jurisdiction, or, as appropriate, the Attorney 
        General, shall have complete access to the prior Federal 
        juvenile records of the subject juvenile and, to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty or adjudicated delinquent in an 
        action under this section, the district court responsible for 
        imposing sentence shall have complete access to the prior 
        Federal juvenile records of the subject juvenile and, to the 
        extent permitted under State law, the prior State juvenile 
        records of the subject juvenile. At sentencing, the district 
        court shall consider the entire available prior juvenile record 
        of the subject juvenile.
    ``(i) Application to Indian Country.--Notwithstanding sections 1152 
and 1153, certification under subparagraph (A) or (B) of subsection 
(a)(1) shall not be made nor granted with respect to a juvenile who is 
subject to the criminal jurisdiction of an Indian tribal government if 
the juvenile is less than 15 years of age at the time of offense and is 
alleged to have committed an offense for which there would be Federal 
jurisdiction based solely on commission of the offense in Indian 
country (as defined in section 1151), unless the governing body of the 
tribe having jurisdiction over the place where the alleged offense was 
committed has, before the occurrence of the alleged offense, notified 
the Attorney General in writing of its election that prosecution as an 
adult may take place under this section.''.
    (b) Technical and Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 403 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for other criminal 
                            prosecution.''.
            (2) Adult sentencing.--Section 3553 of title 18, United 
        States Code, is amended by adding at the end the following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Younger Than 16.--Notwithstanding any other 
provision of law, in the case of a defendant convicted for conduct that 
occurred before the juvenile attained the age of 16 years, the court 
shall impose a sentence without regard to any statutory minimum 
sentence, if the court finds at sentencing, after affording the 
Government an opportunity to make a recommendation, that the juvenile 
has not been previously adjudicated delinquent for, or convicted of, a 
serious violent felony or a serious drug offense (as those terms are 
defined in section 3559(c)).
    ``(h) Treatment of Juvenile Criminal History in Federal 
Sentencing.--
            ``(1) In general.--
                    ``(A) Sentencing guidelines.--Pursuant to its 
                authority under section 994 of title 28, the United 
                States Sentencing Commission (referred to in this 
                subsection as the `Commission') shall amend the Federal 
                sentencing guidelines to provide that, in determining 
                the criminal history score under the Federal sentencing 
                guidelines for any adult offender or any juvenile 
                offender being sentenced as an adult, prior juvenile 
                convictions and adjudications for offenses described in 
                paragraph (2) shall receive a score similar to that 
                which the defendant would have received if those 
                offenses had been committed by the defendant as an 
                adult, if any portion of the sentence for the offense 
                was imposed or served within 15 years after the 
                commencement of the instant offense.
                    ``(B) Reviews.--The Commission shall review the 
                criminal history treatment of juvenile adjudications or 
                convictions for offenses other than those described in 
                paragraph (2) to determine whether the treatment should 
                be adjusted as described in subparagraph (A), and make 
                any amendments to the Federal sentencing guidelines as 
                necessary to make whatever adjustments the Commission 
                concludes are necessary to implement the results of the 
                review.
            ``(2) Offenses described.--The offenses described in this 
        paragraph include any--
                    ``(A) crime of violence;
                    ``(B) controlled substance offense;
                    ``(C) other offense for which the defendant 
                received a sentence or disposition of imprisonment of 1 
                year or more; and
                    ``(D) other offense punishable by a term of 
                imprisonment of more than 1 year for which the 
                defendant was prosecuted as an adult.
            ``(3) Definitions.--The Federal sentencing guidelines 
        described in paragraph (1) shall define the terms `crime of 
        violence' and `controlled substance offense' in substantially 
        the same manner as those terms are defined in Guideline Section 
        4B1.2 of the November 1, 1995, Guidelines Manual.
            ``(4) Juvenile adjudications.--In carrying out this 
        subsection, the Commission--
                    ``(A) shall assign criminal history points for 
                juvenile adjudications based principally on the nature 
                of the acts committed by the juvenile; and
                    ``(B) may provide for some adjustment of the score 
                in light of the length of sentence the juvenile 
                received.
            ``(5) Emergency authority.--The Commission shall promulgate 
        the Federal sentencing guidelines and amendments under this 
        subsection as soon as practicable, and in any event not later 
        than 90 days after the date of enactment of the Violent and 
Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999, 
in accordance with the procedures set forth in section 21(a) of the 
Sentencing Act of 1987, as though the authority under that authority 
had not expired, except that the Commission shall submit to Congress 
the emergency guidelines or amendments promulgated under this section, 
and shall set an effective date for those guidelines or amendments not 
earlier than 30 days after their submission to Congress.
            ``(6) Career offender determination.--Pursuant to its 
        authority under section 994 of title 28, the Commission shall 
        amend the Federal sentencing guidelines to provide for 
        inclusion, in any determination regarding whether a juvenile or 
        adult defendant is a career offender under section 994(h) of 
        title 28, and any computation of the sentence that any 
        defendant found to be a career offender should receive, of any 
        act for which the defendant was previously convicted or 
        adjudicated delinquent as a juvenile that would be a felony 
        covered by that section if it had been committed by the 
        defendant as an adult.''.

SEC. 4103. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter:
            ``(1) Adult inmate.--The term `adult inmate' means an 
        individual who has attained the age of 18 years and who is in 
        custody for, awaiting trial on, or convicted of criminal 
        charges or an act of juvenile delinquency committed while a 
        juvenile.
            ``(2) Juvenile.--The term `juvenile' means--
                    ``(A) a person who has not attained the age of 18 
                years; or
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years.
            ``(3) Juvenile delinquency.--The term `juvenile 
        delinquency' means the violation of a law of the United States 
        committed by a person before the eighteenth birthday of that 
        person, if the violation--
                    ``(A) would have been a crime if committed by an 
                adult; or
                    ``(B) is a violation of section 922(x).
            ``(4) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and incidental or accidental.
            ``(5) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between a juvenile and an adult inmate.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(6) State.--The term `State' includes a State of the 
        United States, the District of Columbia, any commonwealth, 
        territory, or possession of the United States and, with regard 
        to an act of juvenile delinquency that would have been a 
        misdemeanor if committed by an adult, an Indian tribe (as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 4506(e))).
            ``(7) Violent juvenile.--The term `violent juvenile' means 
        any juvenile who is alleged to have committed, has been 
        adjudicated delinquent for, or has been convicted of an offense 
        that, if committed by an adult, would be a crime of violence 
        (as defined in section 16).''.

SEC. 4104. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended--
            (1) in the first sentence, by striking ``immediately notify 
        the Attorney General and'' and inserting the following: 
        ``immediately, or as soon as practicable thereafter, notify the 
        United States Attorney of the appropriate jurisdiction and 
        shall promptly take reasonable steps to notify''; and
            (2) in the second sentence of the second undesignated 
        paragraph, by inserting before the period at the end the 
        following: ``, and the juvenile shall not be subject to 
        detention under conditions that permit prohibited physical 
        contact with adult inmates or in which the juvenile and an 
        adult inmate can engage in sustained oral communication''.

SEC. 4105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate.--Section 5034 of title 18, United States 
Code, is amended--
            (1) by striking ``The magistrate shall insure'' and 
        inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate shall 
        ensure'';
            (2) by striking ``The magistrate may appoint'' and 
        inserting the following:
            ``(2) Guardian ad litem.--The magistrate may appoint'';
            (3) by striking ``If the juvenile'' and inserting the 
        following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--A juvenile who is to be tried 
as an adult pursuant to section 5032 shall be released pending trial 
only in accordance with the applicable provisions of chapter 207. The 
release shall be conducted in the same manner and shall be subject to 
the same terms, conditions, and sanctions for violation of a release 
condition as provided for an adult under chapter 207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult 
        pursuant to section 5032 for an offense committed while on 
        release under this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--Except as provided in subsection (b), a 
juvenile'';
            (2) in subsection (a), as redesignated--
                    (A) in the third sentence, by striking ``regular 
                contact'' and inserting ``prohibited physical contact 
                or sustained oral communication''; and
                    (B) after the fourth sentence, by inserting the 
                following: ``To the extent practicable, violent 
                juveniles shall be kept separate from nonviolent 
                juveniles.''; and
            (3) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--
            ``(1) In general.--A juvenile who is to be tried as an 
        adult pursuant to section 5032 shall be subject to detention in 
        accordance with chapter 207 in the same manner, to the same 
        extent, and subject to the same terms and conditions as an 
        adult would be subject to under that chapter.
            ``(2) Exception.--A juvenile shall not be detained or 
        confined in any institution in which the juvenile has 
        prohibited physical contact or sustained oral communication 
        with adult inmates. To the extent practicable, violent 
        juveniles shall be kept separate from nonviolent juveniles.''.

SEC. 4106. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by inserting ``who is to be proceeded against as a 
        juvenile pursuant to section 5032 and'' after ``If an alleged 
        delinquent'';
            (2) by striking ``thirty'' and inserting ``70''; and
            (3) by striking ``the court,'' and all that follows through 
        the end of the section and inserting the following: ``the 
        court. The periods of exclusion under section 3161(h) shall 
        apply to this section. In determining whether an information 
        should be dismissed with or without prejudice, the court shall 
        consider the seriousness of the alleged act of juvenile 
        delinquency, the facts and circumstances of the case that led 
        to the dismissal, and the impact of a reprosecution on the 
        administration of justice.''.

SEC. 4107. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Dispositional hearing.--
                    ``(A) In general.--In a proceeding under section 
                5032(a)(1)(D), if the court finds a juvenile to be a 
                juvenile delinquent, the court shall hold a hearing 
                concerning the appropriate disposition of the juvenile 
                not later than 40 court days after the finding of 
                juvenile delinquency, unless the court has ordered 
                further study pursuant to subsection (e).
                    ``(B) Predisposition report.--A predisposition 
                report shall be prepared by the probation officer, who 
                shall promptly provide a copy to the juvenile, the 
                juvenile's counsel, and the attorney for the 
                Government. Victim impact information shall be included 
                in the predisposition report, and victims or, in 
                appropriate cases, their official representatives, 
                shall be provided the opportunity to make a statement 
                to the court in person or to present any information in 
                relation to the disposition.
            ``(2) Actions of court after hearing.--After a 
        dispositional hearing under paragraph (1), after considering 
        any pertinent policy statements promulgated by the United 
        States Sentencing Commission pursuant to section 994 of title 
        28, and in conformance with the guidelines promulgated by the 
        United States Sentencing Commission pursuant to section 
        994(z)(1)(B) of title 28, the court shall--
                    ``(A) place the juvenile on probation or commit the 
                juvenile to official detention (including the 
                possibility of a term of supervised release), and 
                impose any fine that would be authorized if the 
                juvenile had been tried and convicted as an adult; and
                    ``(B) enter an order of restitution pursuant to 
                section 3663.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or supervised release'' after 
                ``probation'';
                    (B) by striking ``extend--'' and all that follows 
                through ``The provisions'' and inserting the following: 
                ``extend, in the case of a juvenile, beyond the maximum 
                term of probation that would be authorized by section 
                3561, or beyond the maximum term of supervised release 
                authorized by section 3583, if the juvenile had been 
                tried and convicted as an adult. The provisions dealing 
                with supervised release set forth in section 3583 and 
                the provisions''; and
                    (C) in the last sentence, by inserting ``or 
                supervised release'' after ``on probation''; and
            (3) in subsection (c), by striking ``may not extend--'' and 
        all that follows through ``Section 3624'' and inserting the 
        following: ``may not extend beyond the earlier of the 26th 
        birthday of the juvenile or the termination date of the maximum 
        term of imprisonment, exclusive of any term of supervised 
        release, that would be authorized if the juvenile had 
been tried and convicted as an adult. No juvenile sentenced to a term 
of imprisonment shall be released from custody simply because the 
juvenile attains the age of 18 years. Section 3624''.

SEC. 4108. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Use of juvenile records
    ``(a) In General.--Throughout a juvenile delinquency proceeding 
under section 5032 or 5037, the records of such proceeding shall be 
safeguarded from disclosure to unauthorized persons, and shall only be 
released to the extent necessary for purposes of--
            ``(1) compliance with section 5032(h);
            ``(2) docketing and processing by the court;
            ``(3) responding to an inquiry received from another court 
        of law;
            ``(4) responding to an inquiry from an agency preparing a 
        presentence report for another court;
            ``(5) responding to an inquiry from a law enforcement 
        agency, if the request for information is related to the 
        investigation of a crime or a position within that agency or 
        analysis requested by the Attorney General;
            ``(6) responding to a written inquiry from the director of 
        a treatment agency or the director of a facility to which the 
        juvenile has been committed by the court;
            ``(7) responding to an inquiry from an agency considering 
        the person for a position immediately and directly affecting 
        national security;
            ``(8) responding to an inquiry from any victim of such 
        juvenile delinquency or, if the victim is deceased, from a 
        member of the immediate family of the victim, related to the 
        final disposition of such juvenile by the court in accordance 
        with section 5032 or 5037, as applicable; and
            ``(9) communicating with a victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of a victim, in order to--
                    ``(A) apprise the victim or representative of the 
                status or disposition of the proceeding;
                    ``(B) effectuate any other provision of law; or
                    ``(C) assist in the allocution at disposition of 
                the victim or the representative of the victim.
    ``(b) Records of Adjudication.--
            ``(1) Transmission to fbi.--Upon an adjudication of 
        delinquency under section 5032 or 5037, the court shall 
        transmit to the Director of the Federal Bureau of Investigation 
        a record of such adjudication.
            ``(2) Maintaining records.--The Director of the Federal 
        Bureau of Investigation shall maintain, in the central 
        repository of the Federal Bureau of Investigation, in 
        accordance with the established practices and policies relating 
        to adult criminal history records of the Federal Bureau of 
        Investigation--
                    ``(A) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would constitute 
                the offense of murder, armed robbery, rape (except 
                statutory rape), or a felony offense involving sexual 
                molestation of a child, or a conspiracy or attempt to 
                commit any such offense, that is equivalent to, and 
                maintained and disseminated in the same manner and for 
                the same purposes, as are adult criminal history 
                records for the same offenses; and
                    ``(B) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would be any 
                offense (other than an offense described in 
                subparagraph (A)) that is equivalent to, and maintained 
                and disseminated in the same manner, as are adult 
                criminal history records for the same offenses--
                            ``(i) for use by and within the criminal 
                        justice system for the detection, apprehension, 
                        detention, pretrial release, post-trial 
                        release, prosecution, adjudication, sentencing, 
                        disposition, correctional supervision, or 
                        rehabilitation of an accused person, criminal 
                        offender, or juvenile delinquent; and
                            ``(ii) for purposes of responding to an 
                        inquiry from an agency considering the subject 
                        of the record for a position or clearance 
                        immediately and directly affecting national 
                        security.
            ``(3) Availability of records to schools in certain 
        circumstances.--Notwithstanding paragraph (2), the Director of 
        the Federal Bureau of Investigation shall make an adjudication 
        record of a juvenile maintained pursuant to subparagraph (A) or 
        (B) of that paragraph, or conviction record described in 
        subsection (d), available to an official of an elementary, 
        secondary, or post-secondary school, in appropriate 
        circumstances (as defined by and under rules issued by the 
        Attorney General), if--
                    ``(A) the subject of the record is a student 
                enrolled at the school, or a juvenile who seeks, 
                intends, or is instructed to enroll at that school;
                    ``(B) the school official is subject to the same 
                standards and penalties under applicable Federal and 
                State law relating to the handling and disclosure of 
                information contained in juvenile adjudication records 
                as are employees of law enforcement and juvenile 
                justice agencies in the State; and
                    ``(C) information contained in the record is not 
                used for the purpose of making an admission 
                determination.
    ``(c) Notification of Rights.--A district court of the United 
States that exercises jurisdiction over a juvenile shall notify the 
juvenile, and a parent or guardian of the juvenile, in writing, and in 
clear and nontechnical language, of the rights of the juvenile relating 
to the adjudication record of the juvenile.
    ``(d) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult in Federal court, the Federal criminal 
record of the juvenile shall be made available in the same manner as is 
applicable to the records of adult defendants.''.

SEC. 4109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.

    (a) In General.--Section 5039 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5039. Implementation of a sentence
    ``(a) In General.--Except as otherwise provided in this chapter, 
the sentence for a juvenile who is adjudicated delinquent or found 
guilty of an offense under any proceeding in a district court of the 
United States under section 5032 shall be carried out in the same 
manner as for an adult defendant.
    ``(b) Sentences of Imprisonment, Probation, and Supervised 
Release.--Subject to subsection (d), the implementation of a sentence 
of imprisonment is governed by subchapter C of chapter 229 and, if the 
sentence includes a term of probation or supervised release, by 
subchapter A of chapter 229.
    ``(c) Sentences of Fines and Orders of Restitution; Special 
Assessments.--
            ``(1) In general.--A sentence of a fine, an order of 
        restitution, or a special assessment under section 3013 shall 
        be implemented and collected in the same manner as for an adult 
        defendant.
            ``(2) Prohibition.--The parent, guardian, or custodian of a 
        juvenile sentenced to pay a fine or ordered to pay restitution 
        or a special assessment under section 3013 may not be made 
        liable for such payment by any court.
    ``(d) Segregation of Juveniles; Conditions of Confinement.--
            ``(1) In general.--No juvenile committed for incarceration, 
        whether pursuant to an adjudication of delinquency or 
        conviction for an offense, to the custody of the Attorney 
        General may, before the juvenile attains the age of 18 years, 
        be placed or retained in any jail or correctional institution 
        in which the juvenile has prohibited physical contact with 
        adult inmate or can engage in sustained oral communication with 
        adult inmates. To the extent practicable, violent juveniles 
        shall be kept separate from nonviolent juveniles.
            ``(2) Requirements.--Each juvenile who is committed for 
        incarceration shall be provided with--
                    ``(A) adequate food, heat, light, sanitary 
                facilities, bedding, clothing, and recreation; and
                    ``(B) as appropriate, counseling, education, 
                training, and medical care (including necessary 
                psychiatric, psychological, or other care or 
                treatment).
            ``(3) Commitment to foster home or community-based 
        facility.--Except in the case of a juvenile who is found guilty 
        of a violent felony or who is adjudicated delinquent for an 
        offense that would be a violent felony if the juvenile had been 
        prosecuted as an adult, the Attorney General shall commit a 
        juvenile to a foster home or community-based facility located 
        in or near his home community if that commitment is--
                    ``(A) practicable;
                    ``(B) in the best interest of the juvenile; and
                    ``(C) consistent with the safety of the 
                community.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
403 of title 18, United States Code, is amended by striking the item 
relating to section 5039 and inserting the following:

``5039. Implementation of a sentence.''.

SEC. 4110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.

    Section 3401(g) of title 18, United States Code, is amended--
            (1) in the second sentence, by inserting after ``magistrate 
        judge may, in any'' the following: ``class A misdemeanor or 
        any''; and
            (2) in the third sentence, by striking ``, except that no'' 
        and all that follows before the period at the end of the 
        subsection.

SEC. 4111. FEDERAL SENTENCING GUIDELINES.

    (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
    (b) Guidelines for Juvenile Cases.--
            (1) In general.--Section 994 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(z) Guidelines for Juvenile Cases.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Violent and Repeat Juvenile Offender 
        Accountability and Rehabilitation Act of 1999, the Commission, 
        by affirmative vote of not less than 4 members of the 
        Commission, and pursuant to its rules and regulations and 
        consistent with all pertinent provisions of any Federal 
        statute, shall promulgate and distribute to all courts of the 
        United States and to the United States Probation System--
                    ``(A) guidelines, as described in this section, for 
                use by a sentencing court in determining the sentence 
                to be imposed in a criminal case if the defendant 
                committed the offense as a juvenile, and is tried as an 
                adult pursuant to section 5032 of title 18, United 
                States Code; and
                    ``(B) guidelines, as described in this section, for 
                use by a court in determining the sentence to be 
                imposed on a juvenile adjudicated delinquent pursuant 
                to section 5032 of title 18, United States Code, and 
                sentenced pursuant to a dispositional hearing under 
                section 5037 of title 18, United States Code.
            ``(2) Determinations.--In carrying out this subsection, the 
        Commission shall make the determinations required by subsection 
        (a)(1) and promulgate the policy statements and guidelines 
        required by paragraphs (2) and (3) of subsection (a).
            ``(3) Considerations.--In addition to any other 
        considerations required by this section, the Commission, in 
        promulgating guidelines--
                    ``(A) pursuant to paragraph (1)(A), shall presume 
                the appropriateness of adult sentencing provisions, but 
                may make such adjustments to sentence lengths and to 
                provisions governing downward departures from the 
                guidelines as reflect the specific interests and 
                circumstances of juvenile defendants; and
                    ``(B) pursuant to paragraph (1)(B), shall ensure 
                that the guidelines--
                            ``(i) reflect the broad range of sentencing 
                        options available to the court under section 
                        5037 of title 18, United States Code; and
                            ``(ii) effectuate a policy of an 
                        accountability-based juvenile justice system 
                        that provides substantial and appropriate 
                        sanctions, that are graduated to reflect the 
                        severity or repeated nature of violations, for 
                        each delinquent act, and reflect the specific 
                        interests and circumstances of juvenile 
                        defendants.
            ``(4) Review period.--The review period specified by 
        subsection (p) applies to guidelines promulgated pursuant to 
        this subsection and any amendments to those guidelines.''.
            (2) Technical correction to assure compliance of sentencing 
        guidelines with provisions of all federal statutes.--Section 
        994(a) of title 28, United States Code, is amended by striking 
        ``consistent with all pertinent provisions of this title and 
        title 18, United States Code,'' and inserting ``consistent with 
        all pertinent provisions of any Federal statute''.

SEC. 4112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.

    Not later than 18 months after the date of enactment of this Act, 
the Attorney General shall conduct a study of the juvenile justice 
systems of Indian tribes (as defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) 
and shall report to the Chairman and Ranking Member of the Committee on 
the Judiciary and the Committee on Indian Affairs of the Senate and the 
Chairman and Ranking Member of the Committee on the Judiciary of the 
House of Representatives on--
            (1) the extent to which tribal governments are equipped to 
        adjudicate felonies, misdemeanors, and acts of delinquency 
        committed by juveniles subject to tribal jurisdiction; and
            (2) the need for and benefits from expanding the 
        jurisdiction of tribal courts and the authority to impose the 
        same sentences that can be imposed by Federal or State courts 
        on such juveniles.

  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.

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
            ``(1) During the past decade, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
            ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
            ``(3) Understaffed and overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, or 
        correct youth offenders.
            ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society and the needs of children who may be 
        at risk of becoming delinquents are not being met.
            ``(5) Existing programs and policies have not adequately 
        responded to the particular threats that drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
            ``(6) Projected demographic increases in the number of 
        youth offenders require reexamination of current prosecution 
        and incarceration policies for serious violent youth offenders 
        and crime prevention policies.
            ``(7) State and local communities require assistance to 
        deal comprehensively with the problems of juvenile delinquency.
            ``(8) Existing Federal programs have not provided the 
        States with necessary flexibility, nor have these programs 
        provided the coordination, resources, and leadership required 
        to meet the crisis of youth violence.
            ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to States and 
        units of local government, that have become a barrier to 
        effective program coordination, responsive public safety 
        initiatives, and the provision of comprehensive services for 
        children and youth.
            ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
            ``(11) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as implement quality prevention programs that 
        work with at-risk juveniles, their families, local public 
        agencies, and community-based organizations.
            ``(12) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        philanthropic organizations, families, and the religious 
        community, can create a community environment that supports the 
        youth of the Nation in reaching their highest potential and 
        reduces the destructive trend of juvenile crime.

``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ``(a) In General.--The purposes of this Act are to--
            ``(1) empower States and communities to develop and 
        implement comprehensive programs that support families, reduce 
        risk factors, and prevent serious youth crime and juvenile 
        delinquency;
            ``(2) protect the public and to hold juveniles accountable 
        for their acts;
            ``(3) encourage and promote, consistent with the ideals of 
        federalism, the adoption by the States of policies recognizing 
        the rights of victims in the juvenile justice system, and 
        ensuring that the victims of violent crimes committed by 
        juveniles receive the same level of justice as do the victims 
        of violent crimes committed by adults;
            ``(4) provide for the thorough and ongoing evaluation of 
        all federally funded programs addressing juvenile crime and 
        delinquency;
            ``(5) provide technical assistance to public and private 
        nonprofit entities that protect public safety, administer 
        justice and corrections to delinquent youth, or provide 
        services to youth at risk of delinquency, and their families;
            ``(6) establish a centralized research effort on the 
        problems of youth crime and juvenile delinquency, including the 
        dissemination of the findings of such research and all related 
        data;
            ``(7) establish a Federal assistance program to deal with 
        the problems of runaway and homeless youth;
            ``(8) assist States and units of local government in 
        improving the administration of justice for juveniles;
            ``(9) assist the States and units of local government in 
        reducing the level of youth violence and juvenile delinquency;
            ``(10) assist States and units of local government in 
        promoting public safety by supporting juvenile delinquency 
        prevention and control activities;
            ``(11) encourage and promote programs designed to keep in 
        school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(12) assist States and units of local government in 
        promoting public safety by encouraging accountability for acts 
        of juvenile delinquency;
            ``(13) assist States and units of local government in 
        promoting public safety by improving the extent, accuracy, 
        availability and usefulness of juvenile court and law 
        enforcement records and the openness of the juvenile justice 
        system;
            ``(14) assist States and units of local government in 
        promoting public safety by encouraging the identification of 
        violent and hardcore juveniles;
            ``(15) assist States and units of local government in 
        promoting public safety by providing resources to States to 
        build or expand juvenile detention facilities;
            ``(16) provide for the evaluation of federally assisted 
        juvenile crime control programs, and the training necessary for 
        the establishment and operation of such programs;
            ``(17) ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(18) provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention programs.
    ``(b) Statement of Policy.--It is the policy of Congress to provide 
resources, leadership, and coordination to--
            ``(1) combat youth violence and to prosecute and punish 
        effectively violent juvenile offenders;
            ``(2) enhance efforts to prevent juvenile crime and 
        delinquency; and
            ``(3) improve the quality of juvenile justice in the United 
        States.

``SEC. 103. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Prevention, appointed in accordance with section 201.
            ``(2) Adult inmate.--The term `adult inmate' means an 
        individual who--
                    ``(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                    ``(B) has been arrested and is in custody for, 
                awaiting trial on, or convicted of criminal charges.
            ``(3) Boot camp.--The term `boot camp' means a residential 
        facility (excluding a private residence) at which there are 
        provided--
                    ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training;
                    ``(B) regular, remedial, special, and vocational 
                education; and
                    ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems.
            ``(4) Bureau of justice assistance.--The term `Bureau of 
        Justice Assistance' means the bureau established by section 401 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3741).
            ``(5) Bureau of justice statistics.--The term `Bureau of 
        Justice Statistics' means the bureau established by section 
        302(a) of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3732).
            ``(6) Collocated facilities.--The term `collocated 
        facilities' means facilities that are located in the same 
        building, or are part of a related complex of buildings located 
        on the same grounds.
            ``(7) Combination.--The term `combination' as applied to 
        States or units of local government means any grouping or 
        joining together of such States or units for the purpose of 
        preparing, developing, or implementing a juvenile crime control 
        and delinquency prevention plan.
            ``(8) Community-based.--The term `community-based' 
        facility, program, or service means a small, open group home or 
        other suitable place located near the juvenile's home or family 
        and programs of community supervision and service that maintain 
        community and consumer participation in the planning operation, 
        and evaluation of their programs which may include, medical, 
        educational, vocational, social, and psychological guidance, 
        training, special education, counseling, alcoholism treatment, 
        drug treatment, and other rehabilitative services.
            ``(9) Comprehensive and coordinated system of services.--
        The term `comprehensive and coordinated system of services' 
        means a system that--
                    ``(A) ensures that services and funding for the 
                prevention and treatment of juvenile delinquency are 
                consistent with policy goals of preserving families and 
                providing appropriate services in the least restrictive 
                environment so as to simultaneously protect juveniles 
                and maintain public safety;
                    ``(B) identifies, and intervenes early for the 
                benefit of, young children who are at risk of 
                developing emotional or behavioral problems because of 
                physical or mental stress or abuse, and for the benefit 
                of their families;
                    ``(C) increases interagency collaboration and 
                family involvement in the prevention and treatment of 
                juvenile delinquency; and
                    ``(D) encourages private and public partnerships in 
                the delivery of services for the prevention and 
                treatment of juvenile delinquency.
            ``(10) Construction.--The term `construction' means 
        erection of new buildings or acquisition, expansion, 
        remodeling, and alteration of existing buildings, and initial 
        equipment of any such buildings, or any combination of such 
        activities (including architects' fees but not the cost of 
        acquisition of land for buildings).
            ``(11) Federal juvenile crime control, prevention, and 
        juvenile offender accountability program.--The term `Federal 
        juvenile crime control, prevention, and juvenile offender 
        accountability program' means any Federal program a primary 
        objective of which is the prevention of juvenile crime or 
        reduction of the incidence of arrest, the commission of 
        criminal acts or acts of delinquency, violence, the use of 
        alcohol or illegal drugs, or the involvement in gangs among 
        juveniles.
            ``(12) Gender-specific services.--The term `gender-specific 
        services' means services designed to address needs unique to 
        the gender of the individual to whom such services are 
        provided.
            ``(13) Graduated sanctions.--The term `graduated sanctions' 
        means an accountability-based juvenile justice system that 
        protects the public, and holds juvenile delinquents accountable 
        for acts of delinquency by providing substantial and 
        appropriate sanctions that are graduated in such a manner as to 
        reflect (for each act of delinquency or offense) the severity 
        or repeated nature of that act or offense.
            ``(14) Home-based alternative services.--The term `home-
        based alternative services' means services provided to a 
        juvenile in the home of the juvenile as an alternative to 
        incarcerating the juvenile, and includes home detention.
            ``(15) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(16) Juvenile.--The term `juvenile' means a person who 
        has not attained the age of 18 years who is subject to 
        delinquency proceedings under applicable State law.
            ``(17) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
            ``(18) Jail or lockup for adults.--The term `jail or lockup 
        for adults' means a locked facility that is used by a State, 
        unit of local government, or any law enforcement authority to 
        detain or confine adults--
                    ``(A) pending the filing of a charge of violating a 
                criminal law;
                    ``(B) awaiting trial on a criminal charge; or
                    ``(C) convicted of violating a criminal law.
            ``(19) Juvenile delinquency program.--The term `juvenile 
        delinquency program' means any program or activity related to 
        juvenile delinquency prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and research, 
        including--
                    ``(A) drug and alcohol abuse programs;
                    ``(B) the improvement of the juvenile justice 
                system; and
                    ``(C) any program or activity that is designed to 
                reduce known risk factors for juvenile delinquent 
                behavior, by providing activities that build on 
                protective factors for, and develop competencies in, 
                juveniles to prevent and reduce the rate of delinquent 
                juvenile behavior.
            ``(20) Law enforcement and criminal justice.--The term `law 
        enforcement and criminal justice' means any activity pertaining 
        to crime prevention, control, or reduction or the enforcement 
        of the criminal law, including, but not limited to police 
        efforts to prevent, control, or reduce crime or to apprehend 
        criminals, activities of courts having criminal jurisdiction 
        and related agencies (including prosecutorial and defender 
        services), activities of corrections, probation, or parole 
        authorities, and programs relating to the prevention, control, 
or reduction of juvenile delinquency or narcotic addiction.
            ``(21) National institute of justice.--The term `National 
        Institute of Justice' means the institute established by 
        section 202(a) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3721).
            ``(22) Nonprofit organization.--The term `nonprofit 
        organization' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
        from taxation under section 501(a) of the Internal Revenue Code 
        of 1986.
            ``(23) Office.--The term `Office' means the Office of 
        Juvenile Crime Control and Prevention established under section 
        201.
            ``(24) Office of justice programs.--The term `Office of 
        Justice Programs' means the office established by section 101 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3711).
            ``(25) Outcome objective.--The term `outcome objective' 
        means an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, and 
        teenage pregnancy, among youth in the community.
            ``(26) Process objective.--The term `process objective' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                    ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth.
            ``(27) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and incidental or accidental.
            ``(28) Related complex of buildings.--The term `related 
        complex of buildings' means 2 or more buildings that share--
                    ``(A) physical features, such as walls and fences, 
                or services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                    ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28, Code 
                of Federal Regulations, as in effect on December 10, 
                1996.
            ``(29) Secure correctional facility.--The term `secure 
        correctional facility' means any public or private residential 
        facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the placement, after adjudication 
                and disposition, of any juvenile who has been 
                adjudicated as having committed an offense or any other 
                individual convicted of a criminal offense.
            ``(30) Secure detention facility.--The term `secure 
        detention facility' means any public or private residential 
        facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the temporary placement of any 
                juvenile who is accused of having committed an offense 
                or of any other individual accused of having committed 
                a criminal offense.
            ``(31) Serious crime.--The term `serious crime' means 
        criminal homicide, forcible rape or other sex offenses 
        punishable as a felony, mayhem, kidnapping, aggravated assault, 
        drug trafficking, robbery, larceny or theft punishable as a 
        felony, motor vehicle theft, burglary or breaking and entering, 
        extortion accompanied by threats of violence, and arson 
        punishable as a felony.
            ``(32) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(33) State office.--The term `State office' means an 
        office designated by the chief executive officer of a State to 
        carry out this title, as provided in section 507 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
            ``(34) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between an adult inmate and a juvenile.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(35) Treatment.--The term `treatment' includes medical 
        and other rehabilitative services designed to protect the 
        public, including any services designed to benefit addicts and 
        other users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling or reducing their dependence and 
                susceptibility to addiction or use.
            ``(36) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and raise revenues;
                    ``(C) an Indian tribe that performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of 
                Columbia or the Federal Government that performs law 
                enforcement functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the United 
                        States.
            ``(37) Valid court order.--The term `valid court order' 
        means a court order given by a juvenile court judge to a 
        juvenile--
                    ``(A) who was brought before the court and made 
                subject to such order; and
                    ``(B) who received, before the issuance of such 
                order, the full due process rights guaranteed to such 
                juvenile by the Constitution of the United States.
            ``(38) Violent crime.--The term `violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery; or
                    ``(B) aggravated assault committed with the use of 
                a firearm.
            ``(39) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of 
        age.''.

SEC. 4202. JUVENILE CRIME CONTROL AND PREVENTION.

    (a) In General.--Title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended to read as 
follows:

           ``TITLE II--JUVENILE CRIME CONTROL AND PREVENTION

       ``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION

``SEC. 201. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is established in the Department of 
Justice, under the general authority of the Attorney General, an Office 
of Juvenile Crime Control and Prevention.
    ``(b) Administrator.--
            ``(1) In general.--The Office shall be headed by an 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, from among 
        individuals who have had experience in juvenile delinquency 
        prevention and crime control programs.
            ``(2) Regulations.--The Administrator may prescribe 
        regulations consistent with this Act to award, administer, 
        modify, extend, terminate, monitor, evaluate, reject, or deny 
        all grants and contracts from, and applications for, amounts 
        made available under this title.
            ``(3) Relationship to attorney general.--The Administrator 
        shall have the same reporting relationship with the Attorney 
        General as the directors of other offices and bureaus within 
        the Office of Justice Programs have with the Attorney General.
    ``(c) Deputy Administrator.--There shall be in the Office a Deputy 
Administrator, who shall be appointed by the Attorney General. The 
Deputy Administrator shall perform such functions as the Administrator 
may assign or delegate and shall act as the Administrator during the 
absence or disability of the Administrator.
    ``(d) Associate Administrator.--
            ``(1) In general.--There shall be in the Office an 
        Associate Administrator, who shall be appointed by the 
        Administrator, and who shall be treated as a career reserved 
        position within the meaning of section 3132 of title 5, United 
        States Code.
            ``(2) Duties.--The duties of the Associate Administrator 
        shall include keeping Congress, other Federal agencies, outside 
        organizations, and State and local government officials 
        informed about activities carried out by the Office.
    ``(e) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of the 
                Violent and Repeat Juvenile Offender Accountability and 
                Rehabilitation Act of 1999, to such officers and 
                employees of the Office as the Administrator may 
                designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(f) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.

``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS.

    ``(a) In General.--The Administrator may select, employ, and fix 
the compensation of such officers and employees, including attorneys, 
as are necessary to perform the functions vested in the Administrator 
and to prescribe their functions.
    ``(b) Officers.--The Administrator may select, appoint, and employ 
not to exceed 4 officers and to fix their compensation at rates not to 
exceed the maximum rate payable under section 5376 of title 5, United 
States Code.
    ``(c) Detail of Federal Personnel.--Upon the request of the 
Administrator, the head of any Federal agency may detail, on a 
reimbursable basis, any of its personnel to the Administrator to assist 
the Administrator in carrying out the functions of the Administrator 
under this title.
    ``(d) Services.--The Administrator may obtain services as 
authorized by section 3109 of title 5, United States Code, at rates not 
to exceed the rate now or hereafter payable under section 5376 of title 
5, United States Code.

``SEC. 203. VOLUNTARY SERVICE.

    ``The Administrator may accept and employ, in carrying out the 
provisions of this Act, voluntary and uncompensated services 
notwithstanding the provisions of section 3679(b) of the Revised 
Statutes (31 U.S.C. 665(b)).

``SEC. 204. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control, Prevention, and Juvenile 
Offender Accountability Plan.--
            ``(1) In general.--Subject to the general authority of the 
        Attorney General, the Administrator shall develop objectives, 
        priorities, and short- and long-term plans, and shall implement 
        overall policy and a strategy to carry out such plan, for all 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control, the rehabilitation of 
        juvenile offenders, the prevention of juvenile crime, and the 
        enhancement of accountability by offenders within the juvenile 
        justice system in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control, prevention, and 
                        juvenile offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, the time served by juveniles in 
                        custody, and the trends demonstrated by such 
                        data;
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime, preventing 
                        delinquency, and ensuring accountability for 
                        juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups;
                            ``(iv) the length of time served by 
                        juveniles in custody; and
                            ``(v) the number of juveniles who died or 
                        who suffered serious bodily injury while in 
                        custody and the circumstances under which each 
                        juvenile died or suffered such injury.
                    ``(C) Definition of serious bodily injury.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury involving extreme physical pain or the 
                impairment of a function of a bodily member, organ, or 
                mental faculty that requires medical intervention such 
                as surgery, hospitalization, or physical 
                rehabilitation.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committee on the Judiciary of the 
                Senate and the Committee on Education and the Workforce 
                of the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs, and Federal policies regarding juvenile crime and 
        justice, including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs and activities among Federal departments and agencies 
        and between such programs and activities and other Federal 
        programs and activities that the Administrator determines may 
        have an important bearing on the success of the entire national 
        juvenile crime control, prevention, and juvenile offender 
        accountability effort including, in consultation with the 
        Director of the Office of Management and Budget listing 
        annually those programs to be considered Federal juvenile crime 
        control, prevention, and juvenile accountability programs for 
        the following fiscal year;
            ``(3) serve as a single point of contact for States, units 
        of local government, and private entities to apply for and 
        coordinate the use of and access to all Federal juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs;
            ``(4) provide for the auditing of grants provided pursuant 
        to this title;
            ``(5) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less frequently than once 
        each calendar year, a report on successful programs and 
        juvenile crime reduction methods utilized by States, 
        localities, and private entities;
            ``(6) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(7) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts; and
            ``(8) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title.
    ``(c) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator through the general authority of the 
Attorney General, may require, through appropriate authority, Federal 
departments and agencies engaged in any activity involving any Federal 
juvenile crime control, prevention, and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
    ``(d) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator, through the general authority of the 
Attorney General, may utilize the services and facilities of any agency 
of the Federal Government and of any other public agency or institution 
in accordance with appropriate agreements, and to pay for such services 
either in advance or by way of reimbursement as may be agreed upon.
    ``(e) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator shall be 
coordinated as appropriate with the functions of the Secretary of 
Health and Human Services under title III.
    ``(f) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--Each Federal agency that administers a 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability program shall annually submit to the 
        Administrator a juvenile crime control, prevention, and 
        juvenile offender accountability development statement.
            ``(2) Contents.--Each development statement submitted under 
        paragraph (1) shall contain such information, data, and 
        analyses as the Administrator may require. Such analyses shall 
        include an analysis of the extent to which the program of the 
        Federal agency submitting such development statement conforms 
        with and furthers Federal juvenile crime control, prevention, 
        and juvenile offender accountability, prevention, and treatment 
        goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control, 
                prevention, and juvenile offender accountability 
                development statement transmitted to the Administrator 
                under paragraph (1).
                    ``(B) Inclusion in other documentation.--The 
                development statement transmitted under paragraph (1), 
                together with the comments of the Administrator under 
                subparagraph (A), shall be--
                            ``(i) included by the Federal agency 
                        involved in every recommendation or request 
                        made by such agency for Federal legislation 
                        that significantly affects juvenile crime 
                        control, prevention, and juvenile offender 
                        accountability; and
                            ``(ii) made available for promulgation to 
                        and use by State and local government 
                        officials, and by nonprofit organizations 
                        involved in delinquency prevention programs.
    ``(g) Joint Funding.--Notwithstanding any other provision of law, 
if funds are made available by more than 1 Federal agency to be used by 
any agency, organization, institution, or individual to carry out a 
Federal juvenile crime control, prevention, or juvenile offender 
accountability program or activity--
            ``(1) any 1 of the Federal agencies providing funds may be 
        requested by the Administrator to act for all in administering 
        the funds advanced; and
            ``(2) in such a case, a single non-Federal share 
        requirement may be established according to the proportion of 
        funds advanced by each Federal agency, and the Administrator 
        may order any such agency to waive any technical grant or 
        contract requirement (as defined in those regulations) that is 
        inconsistent with the similar requirement of the administering 
        agency or which the administering agency does not impose.

``SEC. 205. JUVENILE DELINQUENCY PREVENTION CHALLENGE GRANT PROGRAM.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to eligible States in accordance with this part for the purpose of 
providing financial assistance to eligible entities to carry out 
projects designed to prevent juvenile delinquency, including--
            ``(1) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alternative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) that assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                disabled juveniles; or
                    ``(G) that develop locally coordinated policies and 
                programs among education, juvenile justice, and social 
                service agencies;
            ``(2) projects that use neighborhood courts or panels that 
        increase victim satisfaction and require juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts;
            ``(3) projects that provide treatment to juvenile offenders 
        who are victims of child abuse or neglect, and to their 
        families, in order to reduce the likelihood that such juvenile 
        offenders will commit subsequent violations of law;
            ``(4) projects that expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(5) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(6) community-based projects and services (including 
        literacy and social service programs) that work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to remain in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances, giving priority to juveniles who have 
        been arrested for an alleged act of juvenile delinquency or 
        adjudicated delinquent;
            ``(8) projects that leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(9) projects that provide for initial intake screening, 
        which may include drug testing, of each juvenile taken into 
        custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions to 
                prevent such juvenile from committing subsequent 
                offenses;
            ``(10) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
            ``(11) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, and private nonprofit agencies 
        offering services to juveniles;
            ``(12) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
            ``(13) delinquency prevention activities that involve youth 
        clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(14) to establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing treatment plans 
        for juvenile offenders;
            ``(15) family strengthening activities, such as mutual 
        support groups for parents and their children; and
            ``(16) other activities that are likely to prevent juvenile 
        delinquency.
    ``(b) Eligibility of States.--
            ``(1) Application.--To be eligible to receive a grant under 
        subsection (a), a State shall submit to the Administrator an 
        application that contains the following:
                    ``(A) An assurance that the State will use--
                            ``(i) not more than 5 percent of such 
                        grant, in the aggregate, for--
                                    ``(I) the costs incurred by the 
                                State to carry out this part; and
                                    ``(II) to evaluate, and provide 
                                technical assistance relating to, 
                                projects and activities carried out 
                                with funds provided under this part; 
                                and
                            ``(ii) the remainder of such grant to make 
                        grants under subsection (c).
                    ``(B) An assurance that, and a detailed description 
                of how, such grant will support, and not supplant State 
                and local efforts to prevent juvenile delinquency.
                    ``(C) An assurance that such application was 
                prepared after consultation with and participation by--
                            ``(i) community-based organizations that 
                        carry out programs, projects, or activities to 
                        prevent juvenile delinquency; and
                            ``(ii) police, sheriff, prosecutors, State 
                        or local probation services, juvenile courts, 
                        schools, businesses, and religious affiliated 
                        fraternal, nonprofit, and social service 
                        organizations involved in crime prevention.
                    ``(D) An assurance that each eligible entity 
                described in subsection (c)(1) that receives an initial 
                grant under subsection (c) to carry out a project or 
                activity shall also receive an assurance from the State 
                that such entity will receive from the State, for the 
                subsequent fiscal year to carry out such project or 
                activity, a grant under such section in an amount that 
                is proportional, based on such initial grant and on the 
                amount of the grant received under subsection (a) by 
                the State for such subsequent fiscal year, but that 
                does not exceed the amount specified for such 
                subsequent fiscal year in such application as approved 
                by the State.
                    ``(E) An assurance that each eligible entity 
                described in subsection (c)(1) that receives a grant to 
                carry out a project or activity under subsection (c) 
                has agreed to provide a 50 percent match of the amount 
                of the grant, including the value of in-kind 
                contributions to fund the project or activity, except 
                that the Administrator may for good cause reduce the 
                matching requirement to 33\1/3\ percent for 
                economically disadvantaged communities.
                    ``(F) An assurance that projects or activities 
                funded by a grant under subsection (a) shall be carried 
                out through or in coordination with a court with a 
                juvenile crime or delinquency docket.
                    ``(G) Such other information as the Administrator 
                may reasonably require by rule.
            ``(2) Approval of applications.--
                    ``(A) Approval required.--Subject to subparagraph 
                (A), the Administrator shall approve an application, 
                and amendments to such application submitted in 
                subsequent fiscal years, that satisfy the requirements 
                of paragraph (1).
                    ``(B) Limitation.--The Administrator may not 
                approve such application (including amendments to such 
                application) for a fiscal year unless--
                            ``(i)(I) the State submitted a plan under 
                        section 222 for such fiscal year; and
                            ``(II) such plan is approved by the 
                        Administrator for such fiscal year; or
                            ``(ii) the Administrator waives the 
                        application of clause (i) to such State for 
                        such fiscal year, after finding good cause for 
                        such a waiver.
    ``(c) Grants for Local Projects.--
            ``(1) Selection from among applications.--
                    ``(A) In general.--Using a grant received under 
                subsection (a), a State may make grants to eligible 
                entities whose applications are received by the State 
                in accordance with paragraph (2) to carry out projects 
                and activities described in subsection (a).
                    ``(B) Special consideration.--For purposes of 
                making such grants, the State shall give special 
                consideration to eligible entities that--
                            ``(i) propose to carry out such projects in 
                        geographical areas in which there is--
                                    ``(I) a disproportionately high 
                                level of serious crime committed by 
                                juveniles; or
                                    ``(II) a recent rapid increase in 
                                the number of nonstatus offenses 
                                committed by juveniles;
                            ``(ii)(I) agree to carry out such projects 
                        or activities that are multidisciplinary and 
                        involve 2 or more eligible entities; or
                            ``(II) represent communities that have a 
                        comprehensive plan designed to identify at-risk 
                        juveniles and to prevent or reduce the rate of 
                        juvenile delinquency, and that involve other 
                        entities operated by individuals who have a 
                        demonstrated history of involvement in 
                        activities designed to prevent juvenile 
                        delinquency; and
                            ``(iii) state the amount of resources (in 
                        cash or in kind) such entities will provide to 
                        carry out such projects and activities.
            ``(2) Receipt of applications.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                unit of local government shall submit to the State 
                simultaneously all applications that are--
                            ``(i) timely received by such unit from 
                        eligible entities; and
                            ``(ii) determined by such unit to be 
                        consistent with a current plan formulated by 
                        such unit for the purpose of preventing, and 
                        reducing the rate of, juvenile delinquency in 
                        the geographical area under the jurisdiction of 
                        such unit.
                    ``(B) Direct submission.--If an application 
                submitted to such unit by an eligible entity satisfies 
                the requirements specified in clauses (i) and (ii) of 
                subparagraph (A), such entity may submit such 
                application directly to the State.
    ``(d) Eligibility of Entities.--
            ``(1) Eligibility.--Subject to paragraph (2) and except as 
        provided in paragraph (3), to be eligible to receive a grant 
        under subsection (c), a community-based organization, local 
        juvenile justice system officials (including prosecutors, 
        police officers, judges, probation officers, parole officers, 
        and public defenders), local education authority (as defined in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 and including a school within such authority), nonprofit 
        private organization (including a faith-based organization), 
        unit of local government, or social service provider, and or 
        other entity with a demonstrated history of involvement in the 
        prevention of juvenile delinquency, shall submit to a unit of 
        local government an application that contains the following:
                    ``(A) An assurance that such applicant will use 
                such grant, and each such grant received for the 
                subsequent fiscal year, to carry out throughout a 2-
                year period a project or activity described in 
                reasonable detail, and of a kind described in 1 or more 
                of paragraphs (1) through (14) of subsection (a) as 
                specified in, such application.
                    ``(B) A statement of the particular goals such 
                project or activity is designed to achieve, and the 
                methods such entity will use to achieve, and assess the 
                achievement of, each of such goals.
                    ``(C) A statement identifying the research (if any) 
                such entity relied on in preparing such application.
            ``(2) Review and submission of applications.--Except as 
        provided in paragraph (3), an entity shall not be eligible to 
        receive a grant under subsection (c) unless--
                    ``(A) such entity submits to a unit of local 
                government an application that--
                            ``(i) satisfies the requirements specified 
                        in subsection (a); and
                            ``(ii) describes a project or activity to 
                        be carried out in the geographical area under 
                        the jurisdiction of such unit; and
                    ``(B) such unit determines that such project or 
                activity is consistent with a current plan formulated 
                by such unit for the purpose of preventing, and 
                reducing the rate of, juvenile delinquency in the 
                geographical area under the jurisdiction of such unit.
            ``(3) Limitation.--If an entity that receives a grant under 
        subsection (c) to carry out a project or activity for a 2-year 
        period, and receives technical assistance from the State or the 
        Administrator after requesting such technical assistance (if 
        any), fails to demonstrate, before the expiration of such 2-
        year period, that such project or such activity has achieved 
        substantial success in achieving the goals specified in the 
        application submitted by such entity to receive such grants, 
        then such entity shall not be eligible to receive any 
subsequent grant under such section to continue to carry out such 
project or activity.
    ``(e) Reporting Requirement.--Not later than 180 days after the 
last day of each fiscal year, the Administrator shall submit to the 
Chairman of the Committee on Education and the Workforce of the House 
of Representatives and the Chairman of the Committee on the Judiciary 
of the Senate a report, which shall--
            ``(1) describe activities and accomplishments of grant 
        activities funded under this section;
            ``(2) describe procedures followed to disseminate grant 
        activity products and research findings;
            ``(3) describe activities conducted to develop policy and 
        to coordinate Federal agency and interagency efforts related to 
        delinquency prevention;
            ``(4) identify successful approaches and making the 
        recommendations for future activities to be conducted under 
        this section; and
            ``(5) describe, on a State-by-State basis, the total amount 
        of matching contributions made by States and eligible entities 
        for activities funded under this section.
    ``(f) Research and Evaluation.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amount made available to carry out this section in each 
        fiscal year, the Administrator shall use the lesser of 5 
        percent or $5,000,000 for research, statistics, and evaluation 
        activities carried out in conjunction with the grant programs 
        under this section.
            ``(2) Exception.--No amount shall be available as provided 
        in paragraph (1) for a fiscal year, if amounts are made 
        available for that fiscal year for the National Institute of 
        Justice for evaluation research of juvenile delinquency 
        programs pursuant to subsection (b)(6) or (c)(6) of section 
        313.

``SEC. 206. GRANTS TO INDIAN TRIBES.

    ``(a) In General.--From the amount reserved under section 207(b) in 
each fiscal year, the Administrator shall make grants to Indian tribes 
for programs pursuant to the permissible purposes under section 205 and 
part B.
    ``(b) Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Administrator 
        an application in such form and containing such information as 
        the Administrator may by regulation require.
            ``(2) Plans.--Each application submitted under paragraph 
        (1) shall include a plan for conducting projects described in 
        section 205(a), which plan shall--
                    ``(A) provide evidence that the Indian tribe 
                performs law enforcement functions (as determined by 
                the Secretary of the Interior);
                    ``(B) identify the juvenile justice and delinquency 
                problems and juvenile delinquency prevention needs to 
                be addressed by activities conducted by the Indian 
                tribe in the area under the jurisdiction of the Indian 
                tribe with assistance provided by the grant;
                    ``(C) provide for fiscal control and accounting 
                procedures that--
                            ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        funds received under this section; and
                            ``(ii) are consistent with the requirements 
                        of subparagraph (B); and
                    ``(D) comply with the requirements of section 
                222(a) (except that such subsection relates to 
                consultation with a State advisory group) and with the 
                requirements of section 222(c); and
                    ``(E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably prescribe to ensure the 
                effectiveness of the grant program under this section.
    ``(c) Factors for Consideration.--In awarding grants under this 
section, the Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        that will assist, and be coordinated with, the overall juvenile 
        justice system of the Indian tribe; and
            ``(2) for each Indian tribe that receives assistance under 
        such a grant--
                    ``(A) the relative juvenile population; and
                    ``(B) who will be served by the assistance provided 
                by the grant.
    ``(d) Grant Awards.--
            ``(1) In general.--
                    ``(A) Competitive awards.--Except as provided in 
                paragraph (2), the Administrator shall annually award 
                grants under this section on a competitive basis. The 
                Administrator shall enter into a grant agreement with 
                each grant recipient under this section that specifies 
                the terms and conditions of the grant.
                    ``(B) Period of grant.--The period of each grant 
                awarded under this section shall be 2 years.
            ``(2) Exception.--In any case in which the Administrator 
        determines that a grant recipient under this section has 
        performed satisfactorily during the preceding year in 
        accordance with an applicable grant agreement, the 
        Administrator may--
                    ``(A) waive the requirement that the recipient be 
                subject to the competitive award process described in 
                paragraph (1)(A); and
                    ``(B) renew the grant for an additional grant 
                period (as specified in paragraph (1)(B)).
            ``(3) Modifications of processes.--The Administrator may 
        prescribe requirements to provide for appropriate modifications 
        to the plan preparation and application process specified in 
        subsection (b) for an application for a renewal grant under 
        paragraph (2)(B).
    ``(e) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
    ``(f) Matching Requirement.--Funds appropriated by Congress for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to affect in any manner the jurisdiction of an Indian tribe 
with respect to land or persons in the State of Alaska.
    ``(h) Technical Assistance.--From the amount reserved under section 
207(b) in each fiscal year, the Administrator may reserve 1 percent for 
the purpose of providing technical assistance to recipients of grants 
under this section.

``SEC. 207. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out section 205 in each 
fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        subparagraph (A) shall be allocated among eligible States as 
        follows:
                    ``(A) 50 percent of such amount shall be allocated 
                proportionately based on the juvenile population in the 
                eligible States.
                    ``(B) 50 percent of such amount shall be allocated 
                proportionately based on the annual average number of 
                arrests for serious crimes committed in the eligible 
                States by juveniles during the then most recently 
                completed period of 3 consecutive calendar years for 
                which sufficient information is available to the 
                Administrator.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
law, from the amounts allocated under section 291 to carry out section 
205 and part B in each fiscal year, the Administrator shall reserve an 
amount equal to the amount to which all Indian tribes that qualify for 
a grant under section 206 would collectively be entitled, if such 
tribes were collectively treated as a State for purposes of subsection 
(a).
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

       ``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

    ``(a) In General.--The Administrator may make grants to States and 
units of local government, or combinations thereof, to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects directly or through grants and contracts with public and 
private agencies for the development of more effective education, 
training, research, prevention, diversion, treatment, and 
rehabilitation programs in the area of juvenile delinquency and 
programs to improve the juvenile justice system.
    ``(b) Training and Technical Assistance.--
            ``(1) In general.--With not to exceed 2 percent of the 
        funds available in a fiscal year to carry out this part, the 
        Administrator shall make grants to and enter into contracts 
        with public and private agencies, organizations, and 
        individuals to provide training and technical assistance to 
        States, units of local governments (and combinations thereof), 
        and local private agencies to facilitate compliance with 
        section 222 and implementation of the State plan approved under 
        section 222(c).
            ``(2) Eligible recipients.--Grants may be made and 
        contracts may be entered into under paragraph (1) only to 
        public and private agencies, organizations, and individuals 
        that have experience in providing such training and technical 
        assistance. In providing such training and technical 
        assistance, the recipient of a grant or contract under this 
        subsection shall coordinate its activities with the State 
        agency described in section 222(a)(1).

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(b)(2)(A), for carrying out its purposes applicable to a 3-year period. 
The State shall submit annual performance reports to the Administrator, 
each of which shall describe progress in implementing programs 
contained in the original plan, and amendments necessary to update the 
plan, and shall describe the status of compliance with State plan 
requirements. In accordance with regulations that the Administrator 
shall prescribe, such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of local government, or combinations 
        thereof, in the development of a State plan that adequately 
        takes into account the needs and requests of units of local 
        government, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;
            ``(4) to the extent feasible and consistent with paragraph 
        (5), provide for an equitable distribution of the assistance 
received with the State, including rural areas;
            ``(5) require that the State or unit of local government 
        that is a recipient of amounts under this part distributes 
        those amounts intended to be used for the prevention of 
        juvenile delinquency and reduction of incarceration, to the 
        extent feasible, in proportion to the amount of juvenile crime 
        committed within those regions and communities;
            ``(6) provide assurances that youth coming into contact 
        with the juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and disability;
            ``(7)(A) provide for--
                    ``(i) an analysis of juvenile crime and delinquency 
                problems (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency prevention 
                needs (including educational needs) of the State 
                (including any geographical area in which an Indian 
                tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                State;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                crime control, prevention, and delinquency programs 
                with respect to overall policy and development of 
                objectives and priorities for all State juvenile crime 
                control and delinquency programs and activities, 
                including provision for regular meetings of State 
                officials with responsibility in the area of juvenile 
                justice and delinquency prevention;
            ``(B) contain--
                    ``(i) a plan for providing needed gender-specific 
                services for the prevention and treatment of juvenile 
                delinquency;
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
                    ``(iii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(8) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that not less than 75 percent of the funds 
        available to the State under section 221, other than funds made 
        available to the State advisory group under this section, 
        whether expended directly by the State, by the unit of local 
        government, or by a combination thereof, or through grants and 
        contracts with public or private nonprofit agencies, shall be 
        used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, including--
                            ``(i) for youth who need temporary 
                        placement: crisis intervention, shelter, and 
                        after-care; and
                            ``(ii) for youth who need residential 
                        placement: a continuum of foster care or group 
                        home alternatives that provide access to a 
                        comprehensive array of services;
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;
                    ``(C) comprehensive juvenile crime control and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, and private nonprofit 
                agencies offering youth services;
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and
                            ``(iii) enhance coordination with the local 
                        schools that such juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                juveniles with disabilities;
                    ``(I) projects designed both to deter involvement 
                in illegal activities and to promote involvement in 
                lawful activities on the part of gangs whose membership 
                is substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of youths' dependence on or abuse of 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) boot camps for juvenile offenders;
                    ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;
                    ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;
                    ``(N) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;
                    ``(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability that 
                include delinquent juveniles to overcome language and 
                other barriers that may prevent the complete treatment 
                of such juveniles and the preservation of their 
                families;
                    ``(P) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts; 
                and
                    ``(Q) programs designed to prevent and reduce hate 
                crimes committed by juveniles;
            ``(11) shall provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;
            ``(12) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent or juveniles within the purview of paragraph 
                (11) will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral communication with adult 
                inmates; and
                    ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adult inmates in collocated facilities have 
                been trained and certified to work with juveniles;
            ``(13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral communication with adult 
                                inmates; and
                                    ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adult inmates in 
                                collocated facilities have been trained 
                                and certified to work with juveniles; 
                                and
                            ``(ii) that--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget);
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                                    ``(III) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or transportation do 
                                not allow for court appearances within 
                                48 hours (excluding Saturdays, Sundays, 
                                and legal holidays) so that a brief 
                                (not to exceed an additional 48 hours) 
                                delay is excusable; or
                                    ``(IV) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;
                    ``(C) juveniles who are accused of nonstatus 
                offenses and who are detained or confined in a jail or 
                lockup that satisfies the requirements of subparagraph 
                (B)(i) if--
                            ``(i) such jail or lockup--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget); and
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                            ``(ii) a parent or other legal guardian (or 
                        guardian ad litem) of the juvenile involved 
                        consents to detaining or confining such 
                        juvenile in accordance with this subparagraph;
                            ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile has an 
                        opportunity to present the juvenile's position 
                        regarding the detention or confinement involved 
                        to the court before the court approves such 
                        detention or confinement; and
                            ``(iv) detaining or confining such juvenile 
                        in accordance with this subparagraph is--
                                    ``(I) approved in advance by a 
                                court with competent jurisdiction;
                                    ``(II) required to be reviewed 
                                periodically, at intervals of not more 
                                than 5 days (excluding Saturdays, 
                                Sundays, and legal holidays), by such 
                                court for the duration of detention or 
                                confinement; and
                                    ``(III) for a period preceding the 
                                sentencing (if any) of such juvenile;
            ``(14) provide assurances that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members, when possible, and appropriate and the 
        provision of family counseling during the incarceration of 
        juvenile family members and coordination of family services 
        when appropriate and feasible);
            ``(15) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(16) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(17) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be so used 
        as to supplement and increase (but not supplant) the level of 
        the State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
            ``(18) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of State and local needs, that the agency considers 
        necessary;
            ``(19) provide assurances that the State or each unit of 
        local government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any other person who has not attained the age 
        of 18 years, and who is not less than 4 years younger than such 
        convicted person, be tested for the presence of any sexually 
        transmitted disease and that the results of such test be 
        provided to the victim or to the family of the victim as well 
        as to any court or other government agency with primary 
        authority for sentencing the person convicted for the 
        commission of the sexual act or sexual contact (as those terms 
        are defined in paragraphs (2) and (3), respectively, of section 
        2246 of title 18, United States Code) involving a person not 
        having attained the age of 18 years;
            ``(20) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                    ``(C) not later than 48 hours during which such 
                juvenile is so held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;
            ``(21) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 221 that 
        the State will reserve for expenditure by the State to provide 
        incentive grants to units of local government that reduce the 
        case load of probation officers within such units;
            ``(22) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to such juvenile that are on file in 
        the geographical area under the jurisdiction of such court will 
        be made known to such court;
            ``(23) unless the provisions of this paragraph are waived 
        at the discretion of the Administrator for any State in which 
        the services for delinquent or other youth are organized 
        primarily on a statewide basis, provide that at least 50 
        percent of funds received by the State under this section, 
        other than funds made available to the State advisory group, 
        shall be expended--
                    ``(A) through programs of units of general local 
                government or combinations thereof, to the extent such 
                programs are consistent with the State plan; and
                    ``(B) through programs of local private agencies, 
                to the extent such programs are consistent with the 
                State plan, except that direct funding of any local 
                private agency by a State shall be permitted only if 
                such agency requests such funding after it has applied 
                for and been denied funding by any unit of general 
                local government or combination thereof; and
            ``(24) to the extent that segments of the juvenile 
        population are shown to be detained or confined in secure 
        detention facilities, secure correctional facilities, jails, 
        and lockups, to a greater extent than the proportion of these 
        groups in the general juvenile population, address prevention 
        efforts designed to reduce such disproportionate confinement, 
        without requiring the release or the failure to detain any 
        individual.
    ``(b) Approval by State Agency.--
            ``(1) State agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to the 
        Administrator.
            ``(2) State advisory group.--
                    ``(A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as the 
                `State Advisory Group', consisting of representatives 
                from both the private and public sector, each of whom 
                shall be appointed for a term of not more than 6 years. 
                The State shall ensure that members of the State 
                Advisory Group shall have experience in the area of 
                juvenile delinquency prevention, the prosecution of 
                juvenile offenders, the treatment of juvenile 
                delinquency, the investigation of juvenile crimes, or 
                the administration of juvenile justice programs, and 
                shall include not less than 1 prosecutor and not less 
                than 1 judge from a court with a juvenile crime or 
                delinquency docket. The chairperson of the State 
                Advisory Group shall not be a full-time employee of the 
                Federal Government or the State government.
                    ``(B) Consultation.--
                            ``(i) In general.--The State shall consult 
                        with the State Advisory Group established under 
                        subparagraph (A) in developing and reviewing 
                        the State plan under this section.
                            ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of the State on an annual basis 
                        regarding recommendations related to the 
                        State's compliance under this section.
                    ``(C) Funding.--From amounts reserved for 
                administrative costs, the State may make available to 
                the State Advisory Group such sums as may be necessary 
                to assist the State Advisory Group in adequately 
                performing its duties under this paragraph.
    ``(c) Compliance With Statutory Requirements.--
            ``(1) In general.--If a State fails to comply with any of 
        the applicable requirements of paragraph (11), (12), (13), or 
        (24) of subsection (a) in any fiscal year beginning after 
        September 30, 1999, the amount allocated to such State for the 
        subsequent fiscal year shall be reduced by not to exceed 12.5 
        percent for each such paragraph with respect to which the 
        failure occurs, unless the Administrator determines that the 
        State--
                    ``(A) has achieved substantial compliance with such 
                applicable requirements with respect to which the State 
                was not in compliance; and
                    ``(B) has made, through appropriate executive or 
                legislative action, an unequivocal commitment to 
                achieving full compliance with such applicable 
                requirements within a reasonable time.
            ``(2) Waiver.--The Administrator may, upon request by a 
        State showing good cause, waive the application of this 
        subsection with respect to such State.

``SEC. 223. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out this part in each 
fiscal year that remains after reservation under section 207(b) for 
that fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        clause (i) shall be allocated proportionately based on the 
        juvenile population in the eligible States.
    ``(b) System Support Grants.--Of the amount allocated under section 
291 to carry out this part in each fiscal year that remains after 
reservation under section 207(b) for that fiscal year, up to 10 percent 
may be available for use by the Administrator to provide--
            ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 204, 205, and 221;
            ``(2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the juvenile 
        justice system and reducing, preventing, and abating delinquent 
        behavior, juvenile crime, and youth violence;
            ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce, prevent, and abate delinquent behavior, 
        juvenile crime, and youth violence; and
            ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 204, 205, 
        and 221.
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

                      ``PART C--NATIONAL PROGRAMS

``SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR JUVENILE CRIME 
              CONTROL AND DELINQUENCY PREVENTION.

    ``(a) In General.--There is established within the National 
Institute of Justice a National Institute for Juvenile Crime Control 
and Delinquency Prevention, the purpose of which shall be to provide--
            ``(1) a coordinating center for the collection, 
        preparation, and dissemination of useful data regarding the 
        prevention, treatment, and control of juvenile delinquency;
            ``(2) through the National Institute of Justice, for the 
        rigorous and independent evaluation of the delinquency and 
        youth violence prevention programs funded under this title;
            ``(3) funding for new research, through the National 
        Institute of Justice, on the nature, causes, and prevention of 
        juvenile violence and juvenile delinquency; and
            ``(4) appropriate training (including training designed to 
        strengthen and maintain the family unit) for representatives of 
        Federal, State, local law enforcement officers, teachers and 
        special education personnel, recreation and park personnel, 
        family counselors, child welfare workers, juvenile judges and 
        judicial personnel, probation personnel, prosecutors and 
        defense attorneys, correctional personnel (including volunteer 
        lay personnel), persons associated with law-related education, 
        youth workers, and representatives of private agencies and 
        organizations with specific experience in the prevention, 
        treatment, and control of juvenile delinquency.
    ``(b) Administration.--The National Institute for Juvenile Crime 
Control and Delinquency Prevention shall be under the supervision and 
direction of the Director of the National Institute of Justice 
(referred to in this part as the `Director'), in consultation with the 
Administrator.
    ``(c) Coordination.--The activities of the National Institute for 
Juvenile Crime Control and Delinquency Prevention shall be coordinated 
with the activities of the National Institute of Justice.
    ``(d) Duties of the Institute.--
            ``(1) In general.--The Administrator shall transfer 
        appropriated amounts to the National Institute of Justice, or 
        to other Federal agencies, for the purposes of new research and 
        evaluation projects funded by the National Institute for 
        Juvenile Crime Control and Delinquency Prevention, and for 
        evaluation of discretionary programs of the Office of Juvenile 
        Crime Control and Prevention.
            ``(2) Requirements.--Each evaluation and research study 
        funded with amounts transferred under paragraph (1) shall--
                    ``(A) be independent in nature;
                    ``(B) be awarded competitively; and
                    ``(C) employ rigorous and scientifically recognized 
                standards and methodologies, including peer review by 
                nonapplicants.
    ``(e) Powers of the Institute.--In addition to the other powers, 
express and implied, the National Institute for Juvenile Crime Control 
and Delinquency Prevention may--
            ``(1) request any Federal agency to supply such statistics, 
        data, program reports, and other material as the National 
        Institute for Juvenile Crime Control and Delinquency Prevention 
        deems necessary to carry out its functions;
            ``(2) arrange with and reimburse the heads of Federal 
        agencies for the use of personnel or facilities or equipment of 
        such agencies;
            ``(3) confer with and avail itself of the cooperation, 
        services, records, and facilities of State, municipal, or other 
        public or private local agencies;
            ``(4) make grants and enter into contracts with public or 
        private agencies, organizations, or individuals for the partial 
        performance of any functions of the National Institute for 
        Juvenile Crime Control and Delinquency Prevention; and
            ``(5) compensate consultants and members of technical 
        advisory councils who are not in the regular full-time employ 
        of the United States, at a rate now or hereafter payable under 
        section 5376 of title 5, United States Code, and while away 
        from home, or regular place of business, they may be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code, for 
        persons in the Government service employed intermittently.
    ``(f) Information From Federal Agencies.--A Federal agency that 
receives a request from the National Institute for Juvenile Crime 
Control and Delinquency Prevention under subsection (e)(1) may 
cooperate with the National Institute for Juvenile Crime Control and 
Delinquency Prevention and shall, to the maximum extent practicable, 
consult with and furnish information and advice to the National 
Institute for Juvenile Crime Control and Delinquency Prevention.

``SEC. 242. INFORMATION FUNCTION.

    ``The Administrator, acting through the National Institute for 
Juvenile Crime Control and Delinquency Prevention, as appropriate, 
shall--
            ``(1) on a continuing basis, review reports, data, and 
        standards relating to the juvenile justice system in the United 
        States;
            ``(2) serve as an information bank by collecting 
        systematically and synthesizing the data and knowledge obtained 
        from studies and research by public and private agencies, 
        institutions, or individuals concerning all aspects of juvenile 
        delinquency, including the prevention and treatment of juvenile 
        delinquency; and
            ``(3) serve as a clearinghouse and information center for 
        the preparation, publication, and dissemination of all 
        information regarding juvenile delinquency, including State and 
        local juvenile delinquency prevention and treatment programs 
        (including drug and alcohol programs and gender-specific 
        programs) and plans, availability of resources, training and 
        educational programs, statistics, and other pertinent data and 
        information.

``SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS.

    ``(a) In General.--The Administrator, acting through the National 
Institute for Juvenile Crime Control and Delinquency Prevention, as 
appropriate, may--
            ``(1) conduct, encourage, and coordinate research and 
        evaluation into any aspect of juvenile delinquency, 
        particularly with regard to new programs and methods that show 
        promise of making a contribution toward the prevention and 
        treatment of juvenile delinquency;
            ``(2) encourage the development of demonstration projects 
        in new, innovative techniques and methods to prevent and treat 
        juvenile delinquency;
            ``(3) establish or expand programs that, in recognition of 
        varying degrees of the seriousness of delinquent behavior and 
        the corresponding gradations in the responses of the juvenile 
        justice system in response to that behavior, are designed to--
                    ``(A) encourage courts to develop and implement a 
                continuum of post-adjudication restraints that bridge 
                the gap between traditional probation and confinement 
                in a correctional setting (including expanded use of 
                probation, mediation, restitution, community service, 
                treatment, home detention, intensive supervision, 
                electronic monitoring, boot camps and similar programs, 
                and secure community-based treatment facilities linked 
                to other support services such as health, mental 
                health, education (remedial and special), job training, 
                and recreation); and
                    ``(B) assist in the provision by the Administrator 
                of best practices of information and technical 
                assistance, including technology transfer, to States in 
                the design and utilization of risk assessment 
                mechanisms to aid juvenile justice personnel in 
                determining appropriate sanctions for delinquent 
                behavior;
            ``(4) encourage the development of programs that, in 
        addition to helping youth take responsibility for their 
        behavior, through control and incarceration, if necessary, 
        provide therapeutic intervention such as providing skills;
            ``(5) encourage the development and establishment of 
        programs to enhance the States' ability to identify chronic 
        serious and violent juvenile offenders who commit crimes such 
        as rape, murder, firearms offenses, gang-related crimes, 
        violent felonies, and serious drug offenses;
            ``(6) prepare, in cooperation with education institutions, 
        with Federal, State, and local agencies, and with appropriate 
        individuals and private agencies, such studies as it considers 
        to be necessary with respect to prevention of and intervention 
        with juvenile violence and delinquency and the improvement of 
        juvenile justice systems, including--
                    ``(A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                    ``(B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs designed to 
                prevent youth violence and juvenile delinquency;
                    ``(C) studies of the extent, nature, risk, and 
                protective factors, and causes of youth violence and 
                juvenile delinquency;
                    ``(D) comparisons of youth adjudicated and treated 
                by the juvenile justice system compared to juveniles 
                waived to and adjudicated by the adult criminal justice 
                system (including incarcerated in adult, secure 
                correctional facilities);
                    ``(E) recommendations with respect to effective and 
                ineffective primary, secondary, and tertiary prevention 
                interventions, including for which juveniles, and under 
                what circumstances (including circumstances connected 
                with the staffing of the intervention), prevention 
                efforts are effective and ineffective; and
                    ``(F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding pretrial 
                detention;
            ``(7) disseminate the results of such evaluations and 
        research and demonstration activities particularly to persons 
        actively working in the field of juvenile delinquency;
            ``(8) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with the 
        prevention and treatment of juvenile delinquency; and
            ``(9) routinely collect, analyze, compile, publish, and 
        disseminate uniform national statistics concerning--
                    ``(A) all aspects of juveniles as victims and 
                offenders;
                    ``(B) the processing and treatment, in the juvenile 
                justice system, of juveniles who are status offenders, 
                delinquent, neglected, or abused; and
                    ``(C) the processing and treatment of such 
                juveniles who are treated as adults for purposes of the 
                criminal justice system.
    ``(b) Public Disclosure.--The Administrator or the Director, as 
appropriate, shall make available to the public--
            ``(1) the results of research, demonstration, and 
        evaluation activities referred to in subsection (a)(8);
            ``(2) the data and studies referred to in subsection 
        (a)(9); and
            ``(3) regular reports regarding each State's objective 
        measurements of youth violence, such as the number, rate, and 
        trend of homicides committed by youths.

``SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.

    ``The Administrator, acting through the National Institute for 
Crime Control and Delinquency Prevention, as appropriate, may--
            ``(1) provide technical assistance and training assistance 
        to Federal, State, and local governments and to courts, public 
        and private agencies, institutions, and individuals in the 
        planning, establishment, funding, operation, and evaluation of 
        juvenile delinquency programs;
            ``(2) develop, conduct, and provide for training programs 
        for the training of professional, paraprofessional, and 
        volunteer personnel, and other persons who are working with or 
        preparing to work with juveniles, juvenile offenders (including 
        juveniles who commit hate crimes), and their families;
            ``(3) develop, conduct, and provide for seminars, 
        workshops, and training programs in the latest proven effective 
        techniques and methods of preventing and treating juvenile 
        delinquency for law enforcement officers, juvenile judges, 
        prosecutors, and defense attorneys, and other court personnel, 
        probation officers, correctional personnel, and other Federal, 
        State, and local government personnel who are engaged in work 
        relating to juvenile delinquency;
            ``(4) develop technical training teams to aid in the 
        development of training programs in the States and to assist 
        State and local agencies that work directly with juveniles and 
        juvenile offenders; and
            ``(5) provide technical assistance and training to assist 
        States and units of general local government.

``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

    ``(a) In General.--The Administrator shall establish within the 
National Institute for Juvenile Crime Control and Delinquency 
Prevention a training program designed to train enrollees with respect 
to methods and techniques for the prevention and treatment of juvenile 
delinquency, including methods and techniques specifically designed to 
prevent and reduce the incidence of hate crimes committed by juveniles. 
In carrying out this program the Administrator may make use of 
available State and local services, equipment, personnel, facilities, 
and the like.
    ``(b) Qualifications for Enrollment.--Enrollees in the training 
program established under this section shall be drawn from law 
enforcement and correctional personnel (including volunteer lay 
personnel), teachers and special education personnel, family 
counselors, child welfare workers, juvenile judges and judicial 
personnel, persons associated with law-related education, youth 
workers, and representatives of private agencies and organizations with 
specific experience in the prevention and treatment of juvenile 
delinquency.

``SEC. 246. REPORT ON STATUS OFFENDERS.

    ``Not later than September 1, 2002, the Administrator, through the 
National Institute of Justice, shall--
            ``(1) conduct a study on the effect of incarceration on 
        status offenders compared to similarly situated individuals who 
        are not placed in secure detention in terms of the continuation 
        of their inappropriate or illegal conduct, delinquency, or 
        future criminal behavior, and evaluating the safety of status 
        offenders placed in secure detention; and
            ``(2) submit to the Chairman and Ranking Member of the 
        Committee on the Judiciary of the Senate and the Chairman and 
        Ranking Member of the Committee on Education and the Workforce 
        of the House of Representatives a report on the results of the 
        study conducted under paragraph (1).

``SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.

    ``(a) In General.--Any agency, institution, or individual seeking 
to receive a grant, or enter into a contract, under section 243, 244, 
or 245 shall submit an application at such time, in such manner, and 
containing or accompanied by such information as the Administrator or 
the Director, as appropriate, may prescribe.
    ``(b) Application Contents.--In accordance with guidelines 
established by the Administrator or the Director, as appropriate, each 
application for assistance under section 243, 244, or 245 shall--
            ``(1) set forth a program for carrying out 1 or more of the 
        purposes set forth in section 243, 244, or 245, and 
        specifically identify each such purpose such program is 
        designed to carry out;
            ``(2) provide that such program shall be administered by or 
        under the supervision of the applicant;
            ``(3) provide for the proper and efficient administration 
        of such program;
            ``(4) provide for regular evaluation of such program; and
            ``(5) provide for such fiscal control and fund accounting 
        procedures as may be necessary to ensure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title.
    ``(c) Factors for Consideration.--In determining whether or not to 
approve applications for grants and for contracts under this part, the 
Administrator or the Director, as appropriate, shall consider--
            ``(1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control groups, 
        psychometrically sound measurement, and appropriate data 
        analysis techniques;
            ``(2) the experience of the principal and coprincipal 
        investigators in the area of youth violence and juvenile 
        delinquency;
            ``(3) the protection offered human subjects in the study, 
        including informed consent procedures; and
            ``(4) the cost-effectiveness of the proposed project.
    ``(d) Selection Process.--
            ``(1) In general.--
                    ``(A) Competitive process.--Subject to subparagraph 
                (B), programs selected for assistance through grants or 
                contracts under section 243, 244, or 245 shall be 
                selected through a competitive process, which shall be 
                established by the Administrator or the Director, as 
                appropriate, by rule. As part of such a process, the 
                Administrator or the Director, as appropriate, shall 
                announce in the Federal Register--
                            ``(i) the availability of funds for such 
                        assistance;
                            ``(ii) the general criteria applicable to 
                        the selection of applicants to receive such 
                        assistance; and
                            ``(iii) a description of the procedures 
                        applicable to submitting and reviewing 
                        applications for such assistance.
                    ``(B) Waiver.--The competitive process described in 
                subparagraph (A) shall not be required if the 
                Administrator or the Director, as appropriate, makes a 
                written determination waiving the competitive process 
                with respect to a program to be carried out in an area 
                with respect to which the President declares under the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.) that a major 
                disaster or emergency exists.
            ``(2) Review Process.--
                    ``(A) In general.--Programs selected for assistance 
                through grants and contracts under this part shall be 
                selected after a competitive process that provides 
                potential grantees and contractors with not less than 
                90 days to submit applications for funds. Applications 
                for funds shall be reviewed through a formal peer 
                review process by qualified scientists with expertise 
                in the fields of criminology, juvenile delinquency, 
                sociology, psychology, research methodology, evaluation 
                research, statistics, and related areas. The peer 
                review process shall conform to the process used by the 
                National Institutes of Health, the National Institute 
                of Justice, or the National Science Foundation.
                    ``(B) Establishment of process.--Such process shall 
                be established by the Administrator or the Director, as 
                appropriate, in consultation with the Directors and 
                other appropriate officials of the National Science 
                Foundation and the National Institute of Mental Health. 
                Before implementation of such process, the 
                Administrator or the Director, as appropriate, shall 
                submit such process to such Directors, each of whom 
                shall prepare and furnish to the Chairman of the 
                Committee on Education and the Workforce of the House 
                of Representatives and the Chairman of the Committee on 
                the Judiciary of the Senate a final report containing 
                their comments on such process as proposed to be 
                established.
            ``(3) Emergency expedited consideration.--In establishing 
        the process required under paragraphs (1) and (2), the 
        Administrator or the Director, as appropriate, shall provide 
        for emergency expedited consideration of a proposed program if 
        the Administrator or the Director, as appropriate, determines 
        such action to be necessary in order to avoid a delay that 
        would preclude carrying out the program.
    ``(e) Effect of Population.--A city shall not be denied assistance 
under section 243, 244, or 245 solely on the basis of its population.
    ``(f) Notification Process.--Notification of grants and contracts 
made under sections 243, 244, and 245 (and the applications submitted 
for such grants and contracts) shall, upon being made, be transmitted 
by the Administrator or the Director, as appropriate, to the Chairman 
of the Committee on Education and the Workforce of the House of 
Representatives and the Chairman of the Committee on the Judiciary of 
the Senate.

   ``PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG 
                              INTERVENTION

``SEC. 251. DEFINITION OF JUVENILE.

    ``In this part, the term `juvenile' means an individual who has not 
attained the age of 22 years.

``SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

    ``(a) In General.--
            ``(1) The Administrator shall make grants to or enter into 
        contracts with public agencies (including local educational 
        agencies) and private nonprofit agencies, organizations, and 
        institutions to establish and support programs and activities 
        that involve families and communities and that are designed to 
        carry out any of the following purposes:
                    ``(A) To prevent and to reduce the participation of 
                juveniles in the activities of gangs that commit 
                crimes. Such programs and activities may include--
                            ``(i) individual, peer, family, and group 
                        counseling, including the provision of life 
                        skills training and preparation for living 
                        independently, which shall include cooperation 
                        with social services, welfare, and health care 
                        programs;
                            ``(ii) education and social services 
                        designed to address the social and 
                        developmental needs of juveniles that such 
                        juveniles would otherwise seek to have met 
                        through membership in gangs;
                            ``(iii) crisis intervention and counseling 
                        to juveniles, who are particularly at risk of 
                        gang involvement, and their families, including 
                        assistance from social service, welfare, health 
                        care, mental health, and substance abuse 
                        prevention and treatment agencies where 
                        necessary;
                            ``(iv) the organization of neighborhood and 
                        community groups to work closely with parents, 
                        schools, law enforcement, and other public and 
                        private agencies in the community; and
                            ``(v) training and assistance to adults who 
                        have significant relationships with juveniles 
                        who are or may become members of gangs, to 
                        assist such adults in providing constructive 
                        alternatives to participating in the activities 
                        of gangs.
                    ``(B) To develop within the juvenile adjudicatory 
                and correctional systems new and innovative means to 
                address the problems of juveniles convicted of serious 
                drug-related and gang-related offenses.
                    ``(C) To target elementary school students, with 
                the purpose of steering students away from gang 
                involvement.
                    ``(D) To provide treatment to juveniles who are 
                members of such gangs, including members who are 
                accused of committing a serious crime and members who 
                have been adjudicated as being delinquent.
                    ``(E) To promote the involvement of juveniles in 
                lawful activities in geographical areas in which gangs 
                commit crimes.
                    ``(F) To promote and support, with the cooperation 
                of community-based organizations experienced in 
                providing services to juveniles engaged in gang-related 
                activities and the cooperation of local law enforcement 
                agencies, the development of policies and activities in 
                public elementary and secondary schools that will 
                assist such schools in maintaining a safe environment 
                conducive to learning.
                    ``(G) To assist juveniles who are or may become 
                members of gangs to obtain appropriate educational 
                instruction, in or outside a regular school program, 
                including the provision of counseling and other 
                services to promote and support the continued 
                participation of such juveniles in such instructional 
                programs.
                    ``(H) To expand the availability of prevention and 
                treatment services relating to the illegal use of 
                controlled substances and controlled substance 
                analogues (as defined in paragraphs (6) and (32) of 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)) by juveniles, provided through State and local 
                health and social services agencies.
                    ``(I) To provide services to prevent juveniles from 
                coming into contact with the juvenile justice system 
                again as a result of gang-related activity.
                    ``(J) To provide services authorized in this 
                section at a special location in a school or housing 
                project.
                    ``(K) To support activities to inform juveniles of 
                the availability of treatment and services for which 
                financial assistance is available under this section.
            ``(2) From not more than 15 percent of the total amount 
        appropriated to carry out this part in each fiscal year, the 
        Administrator may make grants to and enter into contracts with 
        public agencies and private nonprofit agencies, organizations, 
        and institutions--
                    ``(A) to conduct research on issues related to 
                juvenile gangs;
                    ``(B) to evaluate the effectiveness of programs and 
                activities funded under paragraph (1); and
                    ``(C) to increase the knowledge of the public 
                (including public and private agencies that operate or 
                desire to operate gang prevention and intervention 
                programs) by disseminating information on research and 
                on effective programs and activities funded under this 
                section.
    ``(b) Approval of Applications.--
            ``(1) In general.--Any agency, organization, or institution 
        seeking to receive a grant, or to enter into a contract, under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Administrator 
        may prescribe.
            ``(2) Application contents.--In accordance with guidelines 
        established by the Administrator, each application submitted 
        under paragraph (1) shall--
                    ``(A) set forth a program or activity for carrying 
                out 1 or more of the purposes specified in subsection 
                (a) and specifically identify each such purpose such 
                program or activity is designed to carry out;
                    ``(B) provide that such program or activity shall 
                be administered by or under the supervision of the 
                applicant;
                    ``(C) provide for the proper and efficient 
                administration of such program or activity;
                    ``(D) provide for regular evaluation of such 
                program or activity;
                    ``(E) provide an assurance that the proposed 
                program or activity will supplement, not supplant, 
                similar programs and activities already available in 
                the community;
                    ``(F) describe how such program or activity is 
                coordinated with programs, activities, and services 
                available locally under part B or C of this title, and 
                under chapter 1 of subtitle B of title III of the Anti-
                Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
                    ``(G) certify that the applicant has requested the 
                State planning agency to review and comment on such 
                application and summarize the responses of such State 
                planning agency to such request;
                    ``(H) provide that regular reports on such program 
                or activity shall be sent to the Administrator and to 
                such State planning agency; and
                    ``(I) provide for such fiscal control and fund 
                accounting procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this section.
            ``(3) Priority.--In reviewing applications for grants and 
        contracts under this section, the Administrator shall give 
        priority to applications--
                    ``(A) submitted by, or substantially involving, 
                local educational agencies (as defined in section 1471 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 2891));
                    ``(B) based on the incidence and severity of crimes 
                committed by gangs whose membership is composed 
                primarily of juveniles in the geographical area in 
                which the applicants propose to carry out the programs 
                and activities for which such grants and contracts are 
                requested; and
                    ``(C) for assistance for programs and activities 
                that--
                            ``(i) are broadly supported by public and 
                        private nonprofit agencies, organizations, and 
                        institutions located in such geographical area; 
                        and
                            ``(ii) will substantially involve the 
                        families of juvenile gang members in carrying 
                        out such programs or activities.

``SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

    ``(a) In General.--The Administrator shall make grants to or enter 
into contracts with public and private nonprofit agencies, 
organizations, and institutions to carry out programs and activities--
            ``(1) to reduce the participation of juveniles in the 
        illegal activities of gangs;
            ``(2) to develop regional task forces involving State, 
        local, and community-based organizations to coordinate the 
        disruption of gangs and the prosecution of juvenile gang 
        members and to curtail interstate activities of gangs; and
            ``(3) to facilitate coordination and cooperation among--
                    ``(A) local education, juvenile justice, 
                employment, and social service agencies; and
                    ``(B) community-based programs with a proven record 
                of effectively providing intervention services to 
                juvenile gang members for the purpose of reducing the 
                participation of juveniles in illegal gang activities; 
                and
            ``(4) to support programs that, in recognition of varying 
        degrees of the seriousness of delinquent behavior and the 
        corresponding gradations in the responses of the juvenile 
        justice system in response to that behavior, are designed to--
                    ``(A) encourage courts to develop and implement a 
                continuum of post-adjudication restraints that bridge 
                the gap between traditional probation and confinement 
                in a correctional setting (including expanded use of 
                probation, mediation, restitution, community service, 
                treatment, home detention, intensive supervision, 
                electronic monitoring, boot camps and similar programs, 
                and secure community-based treatment facilities linked 
                to other support services such as health, mental 
                health, education (remedial and special), job training, 
                and recreation); and
                    ``(B) assist in the provision by the Administrator 
                of information and technical assistance, including 
                technology transfer, to States in the design and 
                utilization of risk assessment mechanisms to aid 
                juvenile justice personnel in determining appropriate 
                sanctions for delinquent behavior.
    ``(b) Eligible Programs and Activities.--Programs and activities 
for which grants and contracts are to be made under this section may 
include--
            ``(1) the hiring of additional State and local prosecutors, 
        and the establishment and operation of programs, including 
        multijurisdictional task forces, for the disruption of gangs 
        and the prosecution of gang members;
            ``(2) developing within the juvenile adjudicatory and 
        correctional systems new and innovative means to address the 
        problems of juveniles convicted of serious drug-related and 
        gang-related offenses;
            ``(3) providing treatment to juveniles who are members of 
        such gangs, including members who are accused of committing a 
        serious crime and members who have been adjudicated as being 
        delinquent;
            ``(4) promoting the involvement of juveniles in lawful 
        activities in geographical areas in which gangs commit crimes;
            ``(5) expanding the availability of prevention and 
        treatment services relating to the illegal use of controlled 
        substances and controlled substances analogues (as defined in 
        paragraphs (6) and (32) of section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), by juveniles, provided through 
        State and local health and social services agencies;
            ``(6) providing services to prevent juveniles from coming 
        into contact with the juvenile justice system again as a result 
        of gang-related activity; or
            ``(7) supporting activities to inform juveniles of the 
        availability of treatment and services for which financial 
        assistance is available under this section.
    ``(c) Approval of Applications.--
            ``(1) In general.--Any agency, organization, or institution 
        desiring to receive a grant, or to enter into a contract, under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Administrator 
        may prescribe.
            ``(2) Application contents.--In accordance with guidelines 
        established by the Administrator, each application submitted 
        under paragraph (1) shall--
                    ``(A) set forth a program or activity for carrying 
                out 1 or more of the purposes specified in subsection 
                (a) and specifically identify each such purpose such 
                program or activity is designed to carry out;
                    ``(B) provide that such program or activity shall 
                be administered by or under the supervision of the 
                applicant;
                    ``(C) provide for the proper and efficient 
                administration of such program or activity;
                    ``(D) provide for regular evaluation of such 
                program or activity;
                    ``(E) provide an assurance that the proposed 
                program or activity will supplement, not supplant, 
                similar programs and activities already available in 
                the community;
                    ``(F) describe how such program or activity is 
                coordinated with programs, activities, and services 
                available locally under part B of this title and under 
                chapter 1 of subtitle B of title III of the Anti-Drug 
                Abuse Act of 1988 (42 U.S.C. 11801-11805);
                    ``(G) certify that the applicant has requested the 
                State planning agency to review and comment on such 
                application and summarize the responses of such State 
                planning agency to such request;
                    ``(H) provide that regular reports on such program 
                or activity shall be sent to the Administrator and to 
                such State planning agency; and
                    ``(I) provide for such fiscal control and fund 
                accounting procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this section.
            ``(3) Priority.--In reviewing applications for grants and 
        contracts under subsection (a), the Administrator shall give 
        priority to applications--
                    ``(A) submitted by, or substantially involving, 
                community-based organizations experienced in providing 
                services to juveniles;
                    ``(B) based on the incidence and severity of crimes 
                committed by gangs whose membership is composed 
                primarily of juveniles in the geographical area in 
                which the applicants propose to carry out the programs 
                and activities for which such grants and contracts are 
                requested; and
                    ``(C) for assistance for programs and activities 
                that--
                            ``(i) are broadly supported by public and 
                        private nonprofit agencies, organizations, and 
                        institutions located in such geographical area; 
                        and
                            ``(ii) will substantially involve the 
                        families of juvenile gang members in carrying 
                        out such programs or activities.

``SEC. 254. PRIORITY.

    ``In making grants under this part, the Administrator shall give 
priority to funding programs and activities described in subsections 
(a)(2) and (b)(1) of section 253.

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

``SEC. 261. GRANTS AND PROJECTS.

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

``SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.

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

``SEC. 263. ELIGIBILITY.

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

``SEC. 264. REPORTS.

    ``Each recipient of assistance pursuant to a grant or contract 
under this part shall submit to the Administrator such reports as may 
be reasonably requested by the Administrator to describe progress 
achieved in carrying the projects for which the assistance was 
provided.

                          ``PART F--MENTORING

``SEC. 271. MENTORING.

    ``The purposes of this part are to, through the use of mentors for 
at-risk youth--
            ``(1) reduce juvenile delinquency and gang participation;
            ``(2) improve academic performance; and
            ``(3) reduce the dropout rate.

``SEC. 272. DEFINITIONS.

    ``In this part--
            ``(1) the term `at-risk youth' means a youth at risk of 
        educational failure, dropping out of school, or involvement in 
        criminal or delinquent activities; and
            ``(2) the term `mentor' means a person who works with an 
        at-risk youth on a one-to-one basis, providing a positive role 
        model for the youth, establishing a supportive relationship 
        with the youth, and providing the youth with academic 
        assistance and exposure to new experiences and examples of 
        opportunity that enhance the ability of the youth to become a 
        responsible adult.

``SEC. 273. GRANTS.

    ``The Administrator shall, by making grants to and entering into 
contracts with local educational agencies (each of which agency shall 
be in partnership with a public or private agency, institution, or 
business), establish and support programs and activities for the 
purpose of implementing mentoring programs that--
            ``(1) are designed to link at-risk children, particularly 
        children living in high crime areas and children experiencing 
        educational failure, with responsible adults such as law 
        enforcement officers, persons working with local businesses, 
        and adults working for community-based organizations and 
        agencies; and
            ``(2) are intended to achieve 1 or more of the following 
        goals:
                    ``(A) Provide general guidance to at-risk youth.
                    ``(B) Promote personal and social responsibility 
                among at-risk youth.
                    ``(C) Increase at-risk youth's participation in and 
                enhance their ability to benefit from elementary and 
                secondary education.
                    ``(D) Discourage at-risk youth's use of illegal 
                drugs, violence, and dangerous weapons, and other 
                criminal activity.
                    ``(E) Discourage involvement of at-risk youth in 
                gangs.
                    ``(F) Encourage at-risk youth's participation in 
                community service and community activities.

``SEC. 274. REGULATIONS AND GUIDELINES.

    ``(a) Program Guidelines.--The Administrator shall issue program 
guidelines to implement this part. The program guidelines shall be 
effective only after a period for public notice and comment.
    ``(b) Model Screening Guidelines.--The Administrator shall develop 
and distribute to program participants specific model guidelines for 
the screening of prospective program mentors.

``SEC. 275. USE OF GRANTS.

    ``(a) Permitted Uses.--Grants awarded under this part shall be used 
to implement mentoring programs, including--
            ``(1) hiring of mentoring coordinators and support staff;
            ``(2) recruitment, screening, and training of adult 
        mentors;
            ``(3) reimbursement of mentors for reasonable incidental 
        expenditures such as transportation that are directly 
        associated with mentoring; and
            ``(4) such other purposes as the Administrator may 
        reasonably prescribe by regulation.
    ``(b) Prohibited Uses.--Grants awarded pursuant to this part shall 
not be used--
            ``(1) to directly compensate mentors, except as provided 
        pursuant to subsection (a)(3);
            ``(2) to obtain educational or other materials or equipment 
        that would otherwise be used in the ordinary course of the 
        grantee's operations;
            ``(3) to support litigation of any kind; or
            ``(4) for any other purpose reasonably prohibited by the 
        Administrator by regulation.

``SEC. 276. PRIORITY.

    ``(a) In General.--In making grants under this part, the 
Administrator shall give priority for awarding grants to applicants 
that--
            ``(1) serve at-risk youth in high crime areas;
            ``(2) have 60 percent or more of their youth eligible to 
        receive funds under the Elementary and Secondary Education Act 
        of 1965; and
            ``(3) have a considerable number of youth who drop out of 
        school each year.
    ``(b) Other Considerations.--In making grants under this part, the 
Administrator shall give consideration to--
            ``(1) the geographic distribution (urban and rural) of 
        applications;
            ``(2) the quality of a mentoring plan, including--
                    ``(A) the resources, if any, that will be dedicated 
                to providing participating youth with opportunities for 
                job training or postsecondary education; and
                    ``(B) the degree to which parents, teachers, 
                community-based organizations, and the local community 
                participate in the design and implementation of the 
                mentoring plan; and
            ``(3) the capability of the applicant to effectively 
        implement the mentoring plan.

``SEC. 277. APPLICATIONS.

    ``An application for assistance under this part shall include--
            ``(1) information on the youth expected to be served by the 
        program;
            ``(2) a provision for a mechanism for matching youth with 
        mentors based on the needs of the youth;
            ``(3) an assurance that no mentor will be assigned to more 
        than 1 youth, so as to ensure a one-to-one relationship;
            ``(4) an assurance that projects operated in secondary 
        schools will provide youth with a variety of experiences and 
        support, including--
                    ``(A) an opportunity to spend time in a work 
                environment and, when possible, participate in the work 
                environment;
                    ``(B) an opportunity to witness the job skills that 
                will be required for youth to obtain employment upon 
                graduation;
                    ``(C) assistance with homework assignments; and
                    ``(D) exposure to experiences that youth might not 
                otherwise encounter;
            ``(5) an assurance that projects operated in elementary 
        schools will provide youth with--
                    ``(A) academic assistance;
                    ``(B) exposure to new experiences and activities 
                that youth might not encounter on their own; and
                    ``(C) emotional support;
            ``(6) an assurance that projects will be monitored to 
        ensure that each youth benefits from a mentor relationship, 
        with provision for a new mentor assignment if the relationship 
        is not beneficial to the youth;
            ``(7) the method by which mentors and youth will be 
        recruited to the project;
            ``(8) the method by which prospective mentors will be 
        screened; and
            ``(9) the training that will be provided to mentors.

``SEC. 278. GRANT CYCLES.

    ``Each grant under this part shall be made for a 3-year period.

``SEC. 279. FAMILY MENTORING PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `cooperative extension services' has the 
        meaning given that term in section 1404 of the National 
        Agricultural Research, Extension, and Teaching Policy Act of 
        1977 (7 U.S.C. 3103);
            ``(2) the term `family mentoring program' means a mentoring 
        program that--
                    ``(A) utilizes a 2-tier mentoring approach that 
                uses college age or young adult mentors working 
                directly with at-risk youth and uses retirement-age 
                couples working with the parents and siblings of at-
                risk youth; and
                    ``(B) has a local advisory board to provide 
                direction and advice to program administrators; and
            ``(3) the term `qualified cooperative extension service' 
        means a cooperative extension service that has established a 
family mentoring program, as of the date of enactment of the Violent 
and Repeat Juvenile Offender Accountability and Rehabilitation Act of 
1999.
    ``(b) Model Program.--The Administrator, in cooperation with the 
Secretary of Agriculture, shall make a grant to a qualified cooperative 
extension service for the purpose of expanding and replicating family 
mentoring programs to reduce the incidence of juvenile crime and 
delinquency among at-risk youth.
    ``(c) Establishment of New Family Mentoring Programs.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Secretary of Agriculture, may make 1 or more grants to 
        cooperative extension services for the purpose of establishing 
        family mentoring programs to reduce the incidence of juvenile 
        crime and delinquency among at-risk youth.
            ``(2) Matching requirement and source of matching funds.--
                    ``(A) In general.--The amount of a grant under this 
                subsection may not exceed 35 percent of the total costs 
                of the program funded by the grant.
                    ``(B) Source of match.--Matching funds for grants 
                under this subsection may be derived from amounts made 
                available to a State under subsections (b) and (c) of 
                section 3 of the Smith-Lever Act (7 U.S.C. 343), except 
                that the total amount derived from Federal sources may 
                not exceed 70 percent of the total cost of the program 
                funded by the grant.

                  ``PART G--ADMINISTRATIVE PROVISIONS

``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title, and to carry out part R of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), 
$1,000,000,000 for each of fiscal years 2000 through 2005.
    ``(b) Allocation of Appropriations.--Of the amount made available 
under subsection (a) for each fiscal year--
            ``(1) $450,000,000 shall be for programs under section 1801 
        of part R of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796 et seq.);
            ``(2) $75,000,000 shall be for grants for juvenile criminal 
        history records upgrades pursuant to section 1802 of part R of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796 et seq.);
            ``(3) $200,000,000 shall be for programs under section 205 
        of part A of this title;
            ``(4) $200,000,000 shall be for programs under part B of 
        this title;
            ``(5) $40,000,000 shall be for prevention programs under 
        part C of this title, of which $20,000,000 shall be for 
        evaluation research of primary, secondary, and tertiary 
        juvenile delinquency programs;
            ``(6) $20,000,000 shall be for programs under parts D and E 
        of this title; and
            ``(7) $15,000,000 shall be for programs under part F of 
        this title, of which $3,000,000 shall be for programs under 
        section 279.
    ``(c) Source of Sums.--Amounts authorized to be appropriated 
pursuant to this section may be derived from the Violent Crime 
Reduction Trust Fund.
    ``(d) Administration and Operations.--There is authorized to be 
appropriated for the administration and operation of the Office of 
Juvenile Crime Control and Prevention such sums as may be necessary for 
each of fiscal years 2000 through 2005.
    ``(e) Availability of Funds.--Amounts made available pursuant to 
this section and allocated in accordance with this title in any fiscal 
year shall remain available until expended.

``SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRICTIONS ON USE OF 
              AMOUNTS; PENALTIES.

    ``(a) Religious Nondiscrimination.--The provisions of section 104 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (42 U.S.C. 604a) shall apply to a State or local government 
exercising its authority to distribute grants to applicants under this 
title.
    ``(b) Restrictions on the Use of Amounts.--
            ``(1) Experimentation on individuals.--
                    ``(A) In general.--No amounts made available to 
                carry out this title may be used for any biomedical or 
                behavior control experimentation on individuals or any 
                research involving such experimentation.
                    ``(B) Definition of behavior control.--In this 
                paragraph, the term `behavior control'--
                            ``(i) means any experimentation or research 
                        employing methods that--
                                    ``(I) involve a substantial risk of 
                                physical or psychological harm to the 
                                individual subject; and
                                    ``(II) are intended to modify or 
                                alter criminal and other antisocial 
                                behavior, including aversive 
                                conditioning therapy, drug therapy, 
                                chemotherapy (except as part of routine 
                                clinical care), physical therapy of 
                                mental disorders, electroconvulsive 
                                therapy, or physical punishment; and
                            ``(ii) does not include a limited class of 
                        programs generally recognized as involving no 
                        such risk, including methadone maintenance and 
                        certain substance abuse treatment programs, 
                        psychological counseling, parent training, 
                        behavior contracting, survival skills training, 
                        restitution, or community service, if 
                        safeguards are established for the informed 
                        consent of subjects (including parents or 
                        guardians of minors).
            ``(2) Prohibition against private agency use of amounts in 
        construction.--
                    ``(A) In general.--No amount made available to any 
                private agency or institution, or to any individual, 
under this title (either directly or through a State office) may be 
used for construction.
                    ``(B) Exception.--The restriction in clause (i) 
                shall not apply to any juvenile program in which 
                training or experience in construction or renovation is 
                used as a method of juvenile accountability or 
                rehabilitation.
            ``(3) Lobbying.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no amount made available under this 
                title to any public or private agency, organization or 
                institution, or to any individual shall be used to pay 
                for any personal service, advertisement, telegram, 
                telephone communication, letter, printed or written 
                matter, or other device intended or designed to 
                influence a Member of Congress or any other Federal, 
                State, or local elected official to favor or oppose any 
                Act, bill, resolution, or other legislation, or any 
                referendum, initiative, constitutional amendment, or 
                any other procedure of Congress, any State legislature, 
                any local council, or any similar governing body.
                    ``(B) Exception.--This paragraph does not preclude 
                the use of amounts made available under this title in 
                connection with communications to Federal, State, or 
                local elected officials, upon the request of such 
                officials through proper official channels, pertaining 
                to authorization, appropriation, or oversight measures 
                directly affecting the operation of the program 
                involved.
            ``(4) Legal action.--No amounts made available under this 
        title to any public or private agency, organization, 
        institution, or to any individual, shall be used in any way 
        directly or indirectly to file an action or otherwise take any 
        legal action against any Federal, State, or local agency, 
        institution, or employee.
    ``(c) Penalties.--
            ``(1) In general.--If any amounts are used for the purposes 
        prohibited in either paragraph (3) or (4) of subsection (b), or 
        in violation of subsection (a)--
                    ``(A) funding for the agency, organization, 
                institution, or individual at issue shall be 
                immediately discontinued in whole or in part; and
                    ``(B) the agency, organization, institution, or 
                individual using amounts for the purpose prohibited in 
                paragraph (3) or (4) of subsection (b), or in violation 
                of subsection (a), shall be liable for reimbursement of 
                all amounts granted to the individual or entity for the 
                fiscal year for which the amounts were granted.
            ``(2) Liability for expenses and damages.--In relation to a 
        violation of subsection (b)(4), the individual filing the 
        lawsuit or responsible for taking the legal action against the 
        Federal, State, or local agency or institution, or individual 
        working for the Government, shall be individually liable for 
        all legal expenses and any other expenses of the Government 
        agency, institution, or individual working for the Government, 
        including damages assessed by the jury against the Government 
        agency, institution, or individual working for the Government, 
        and any punitive damages.

``SEC. 293. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority of Administrator.--The Office shall be administered 
by the Administrator under the general authority of the Attorney 
General.
    ``(b) Applicability of Certain Crime Control Provisions.--Sections 
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c), 
3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall apply 
with respect to the administration of and compliance with this title, 
except that for purposes of this Act--
            ``(1) any reference to the Office of Justice Programs in 
        such sections shall be considered to be a reference to the 
        Assistant Attorney General who heads the Office of Justice 
        Programs; and
            ``(2) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this title.
    ``(c) Applicability of Certain Other Crime Control Provisions.--
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply 
with respect to the administration of and compliance with this title, 
except that, for purposes of this title--
            ``(1) any reference to the Attorney General, the Assistant 
        Attorney General who heads the Office of Justice Programs, the 
        Director of the National Institute of Justice, the Director of 
        the Bureau of Justice Statistics, or the Director of the Bureau 
        of Justice Assistance shall be considered to be a reference to 
        the Administrator;
            ``(2) any reference to the Office of Justice Programs, the 
        Bureau of Justice Assistance, the National Institute of 
        Justice, or the Bureau of Justice Statistics shall be 
        considered to be a reference to the Office of Juvenile Crime 
        Control and Prevention; and
            ``(3) the term `this title' as it appears in those sections 
        shall be considered to be a reference to this title.
    ``(d) Rules, Regulations, and Procedures.--The Administrator may, 
after appropriate consultation with representatives of States and units 
of local government, and an opportunity for notice and comment in 
accordance with subchapter II of chapter 5 of title 5, United States 
Code, establish such rules, regulations, and procedures as are 
necessary for the exercise of the functions of the Office and as are 
consistent with the purpose of this Act.
    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--
            ``(1) the program or activity for which the grant or 
        contract involved was made has been so changed that the program 
or activity no longer complies with this title; or
            ``(2) in the operation of such program or activity there is 
        failure to comply substantially with any provision of this 
        title.''.
    (b) Repeal.--Title V of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.

SEC. 4203. RUNAWAY AND HOMELESS YOUTH.

    (a) Findings.--Section 302 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5701) is amended--
            (1) in paragraph (5), by striking ``accurate reporting of 
        the problem nationally and to develop'' and inserting ``an 
        accurate national reporting system to report the problem, and 
        to assist in the development of''; and
            (2) by striking paragraph (8) and inserting the following:
            ``(8) services for runaway and homeless youth are needed in 
        urban, suburban and rural areas;''.
    (b) Authority To Make Grants for Centers and Services.--Section 311 
of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Grants for Centers and Services.--
            ``(1) In general.--The Secretary shall make grants to 
        public and nonprofit private entities (and combinations of such 
        entities) to establish and operate (including renovation) local 
        centers to provide services for runaway and homeless youth and 
        for the families of such youth.
            ``(2) Such services--
                    ``(A) shall be provided as an alternative to 
                involving runaway and homeless youth in the law 
                enforcement, child welfare, mental health, and juvenile 
                justice systems;
                    ``(B) shall include--
                            ``(i) safe and appropriate shelter; and
                            ``(ii) individual, family, and group 
                        counseling, as appropriate; and
                    ``(C) may include--
                            ``(i) street-based services;
                            ``(ii) home-based services for families 
                        with youth at risk of separation from the 
                        family; and
                            ``(iii) drug abuse education and prevention 
                        services.'';
            (2) in subsection (b)(2), by striking ``the Trust Territory 
        of the Pacific Islands,''; and
            (3) by striking subsections (c) and (d).
    (c) Eligibility.--Section 312 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5712) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (7), by striking ``criminal 
                charges against'' and inserting ``criminal or 
                delinquency charges against or the coordinated delivery 
                of services to'';
                    (B) in paragraph (8), by striking ``paragraph (6)'' 
                and inserting ``paragraph (7)'';
                    (C) in paragraph (10), by striking ``and'' at the 
                end;
                    (D) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(12) shall submit to the Secretary an annual report that 
        includes, with respect to the year for which the report is 
        submitted--
                    ``(A) information regarding the activities carried 
                out under this part;
                    ``(B) the achievements of the project under this 
                part carried out by the applicant; and
                    ``(C) statistical summaries describing--
                            ``(i) the number and the characteristics of 
                        the runaway and homeless youth, and youth at 
                        risk of family separation, who participate in 
                        the project; and
                            ``(ii) the services provided to such youth 
                        by the project.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Applicants Providing Street-Based Services.--To be eligible 
to use assistance under section 311(a)(2)(C)(i) to provide street-based 
services, the applicant shall include in the plan required by 
subsection (b) assurances that in providing such services the applicant 
will--
            ``(1) provide qualified supervision of staff, including on-
        street supervision by appropriately trained staff;
            ``(2) provide backup personnel for on-street staff;
            ``(3) provide initial and periodic training of staff who 
        provide such services; and
            ``(4) conduct outreach activities for runaway and homeless 
        youth, and street youth.
    ``(d) Applicants Providing Home-Based Services.--To be eligible to 
use assistance under section 311(a) to provide home-based services 
described in section 311(a)(2)(C)(ii), an applicant shall include in 
the plan required by subsection (b) assurances that in providing such 
services the applicant will--
            ``(1) provide counseling and information to youth and the 
        families (including unrelated individuals in the family 
        households) of such youth, including services relating to basic 
        life skills, interpersonal skill building, educational 
        advancement, job attainment skills, mental and physical health 
        care, parenting skills, financial planning, and referral to 
        sources of other needed services;
            ``(2) provide directly, or through an arrangement made by 
        the applicant, 24-hour service to respond to family crises 
        (including immediate access to temporary shelter for runaway 
        and homeless youth, and youth at risk of separation from the 
        family);
            ``(3) establish, in partnership with the families of 
        runaway and homeless youth, and youth at risk of separation 
        from the family, objectives and measures of success to be 
        achieved as a result of receiving home-based services;
            ``(4) provide initial and periodic training of staff who 
        provide home-based services; and
            ``(5) ensure that--
                    ``(A) caseloads will remain sufficiently low to 
                allow for intensive (5 to 20 hours per 
week) involvement with each family receiving such services; and
                    ``(B) staff providing such services will receive 
                qualified supervision.
    ``(e) Applicants Providing Drug Abuse Education and Prevention 
Services.--To be eligible to use assistance under section 
311(a)(2)(C)(iii) to provide drug abuse education and prevention 
services, an applicant shall include in the plan required by subsection 
(b)--
            ``(1) a description of--
                    ``(A) the types of such services that the applicant 
                proposes to provide;
                    ``(B) the objectives of such services; and
                    ``(C) the types of information and training to be 
                provided to individuals providing such services to 
                runaway and homeless youth; and
            ``(2) an assurance that in providing such services the 
        applicant shall conduct outreach activities for runaway and 
        homeless youth.''.
    (d) Approval of Applications.--Section 313 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5713) is amended to read as follows:

``SEC. 313. APPROVAL OF APPLICATIONS.

    ``(a) In General.--An application by a public or private entity for 
a grant under section 311(a) may be approved by the Secretary after 
taking into consideration, with respect to the State in which such 
entity proposes to provide services under this part--
            ``(1) the geographical distribution in such State of the 
        proposed services under this part for which all grant 
        applicants request approval; and
            ``(2) which areas of such State have the greatest need for 
        such services.
    ``(b) Priority.--In selecting applications for grants under section 
311(a), the Secretary shall give priority to--
            ``(1) eligible applicants who have demonstrated experience 
        in providing services to runaway and homeless youth; and
            ``(2) eligible applicants that request grants of less than 
        $200,000.''.
    (e) Authority for Transitional Living Grant Program.--Section 321 
of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1) is amended--
            (1) in the section heading, by striking ``purpose and'';
            (2) in subsection (a), by striking ``(a)''; and
            (3) by striking subsection (b).
    (f) Eligibility.--Section 322(a)(9) of the Runaway and Homeless 
Youth Act (42 U.S.C. 5714-2(a)(9)) is amended by inserting ``, and the 
services provided to such youth by such project,'' after ``such 
project''.
    (g) Coordination.--Section 341 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5714-21) is amended to read as follows:

``SEC. 341. COORDINATION.

    ``With respect to matters relating to the health, education, 
employment, and housing of runaway and homeless youth, the Secretary--
            ``(1) through the Administrator of the Office of Juvenile 
        Crime Control and Prevention, shall coordinate the activities 
        of agencies of the Department of Health and Human Services with 
        activities under any other Federal juvenile crime control, 
        prevention, and juvenile offender accountability program and 
        with the activities of other Federal entities; and
            ``(2) shall coordinate the activities of agencies of the 
        Department of Health and Human Services with the activities of 
        other Federal entities and with the activities of entities that 
        are eligible to receive grants under this title.''.
    (h) Authority To Make Grants for Research, Evaluation, 
Demonstration, and Service Projects.--Section 343 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5714-23) is amended--
            (1) in the section heading, by inserting ``evaluation,'' 
        after ``research,'';
            (2) in subsection (a), by inserting ``evaluation,'' after 
        ``research,''; and
            (3) in subsection (b)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively.
    (i) Assistance to Potential Grantees.--Section 371 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the 
last sentence.
    (j) Reports.--Section 381 of the Runaway and Homeless Youth Act (42 
U.S.C. 5715) is amended to read as follows:

``SEC. 381. REPORTS.

    ``(a) In General.--Not later than April 1, 2000 and biennially 
thereafter, the Secretary shall submit, to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
the Judiciary of the Senate, a report on the status, activities, and 
accomplishments of entities that receive grants under parts A, B, C, D, 
and E, with particular attention to--
            ``(1) in the case of centers funded under part A, the 
        ability or effectiveness of such centers in--
                    ``(A) alleviating the problems of runaway and 
                homeless youth;
                    ``(B) if applicable or appropriate, reuniting such 
                youth with their families and encouraging the 
                resolution of intrafamily problems through counseling 
                and other services;
                    ``(C) strengthening family relationships and 
                encouraging stable living conditions for such youth; 
                and
                    ``(D) assisting such youth to decide upon a future 
                course of action; and
            ``(2) in the case of projects funded under part B--
                    ``(A) the number and characteristics of homeless 
                youth served by such projects;
                    ``(B) the types of activities carried out by such 
                projects;
                    ``(C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                    ``(D) the effectiveness of such projects in 
                preparing homeless youth for self-sufficiency;
                    ``(E) the effectiveness of such projects in 
                assisting homeless youth to decide upon future 
                education, employment, and independent living;
                    ``(F) the ability of such projects to encourage the 
                resolution of intrafamily problems through counseling 
                and development of self-sufficient living skills; and
                    ``(G) activities and programs planned by such 
                projects for the following fiscal year.
    ``(b) Contents of Reports.--The Secretary shall include in each 
report submitted under subsection (a), summaries of--
            ``(1) the evaluations performed by the Secretary under 
        section 386; and
            ``(2) descriptions of the qualifications of, and training 
        provided to, individuals involved in carrying out such 
        evaluations.''.
    (k) Reports.--Section 383 of the Runaway and Homeless Youth Act (42 
U.S.C. 5731) is amended by striking ``Records'' and inserting ``Except 
for the purposes of the disposition of criminal or delinquency charges 
against or the coordinated delivery of services to individual youths, 
records''.
    (l) Evaluation.--Section 384 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5732) is amended to read as follows:

``SEC. 384. EVALUATION AND INFORMATION.

    ``(a) In General.--If a grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such grantee on-site, not less frequently than 
once in the period of such 3 consecutive fiscal years, for purposes 
of--
            ``(1) determining whether such grants are being used for 
        the purposes for which such grants are made by the Secretary;
            ``(2) collecting additional information for the report 
        required by section 383; and
            ``(3) providing such information and assistance to such 
        grantee as will enable such grantee to improve the operation of 
        the centers, projects, and activities for which such grants are 
        made.
    ``(b) Cooperation.--Recipients of grants under this title shall 
cooperate with the Secretary's efforts to carry out evaluations, and to 
collect information, under this title.''.
    (m) Authorization of Appropriations.--Section 385 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5751) is amended to read as follows:

``SEC. 389. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Authorization.--There is authorized to be 
        appropriated to carry out this title (other than part E) such 
        sums as may be necessary for each of fiscal years 2000 through 
        2005.
            ``(2) Allocation.--
                    ``(A) Parts a and b.--From the amount appropriated 
                under paragraph (1) for a fiscal year, the Secretary 
                shall reserve not less than 90 percent to carry out 
                parts A and B.
                    ``(B) Part b.--Of the amount reserved under 
                subparagraph (A), not less than 20 percent, and not 
                more than 30 percent, shall be reserved to carry out 
                part B.
            ``(3) Parts c and d.--In each fiscal year, after reserving 
        the amounts required by paragraph (2), the Secretary shall use 
        the remaining amount (if any) to carry out parts C and D.
    ``(b) Separate Identification Required.--No funds appropriated to 
carry out this title may be combined with funds appropriated under any 
other Act if the purpose of combining such funds is to make a single 
discretionary grant, or a single discretionary payment, unless such 
funds are separately identified in all grants and contracts and are 
used for the purposes specified in this title.''.
    (n) Sexual Abuse Prevention Program.--
            (1) Authority for program.--The Runaway and Homeless Youth 
        Act (42 U.S.C. 5701 et seq.) is amended--
                    (A) by striking the heading for part F;
                    (B) by redesignating part E as part F; and
                    (C) by inserting after part D the following:

               ``PART E--SEXUAL ABUSE PREVENTION PROGRAM

``SEC. 351. AUTHORITY TO MAKE GRANTS.

    ``(a) In General.--The Secretary may make grants to nonprofit 
private agencies for the purpose of providing street-based services to 
runaway and homeless, and street youth, who have been subjected to, or 
are at risk of being subjected to, sexual abuse, prostitution, or 
sexual exploitation.
    ``(b) Priority.--In selecting applicants to receive grants under 
subsection (a), the Secretary shall give priority to nonprofit private 
agencies that have experience in providing services to runaway and 
homeless, and street youth.''.
            (2) Authorization of appropriations.--Section 389(a) of the 
        Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by 
        subsection (m) of this section, is amended by adding at the end 
        the following:
            ``(4) Part e.--There is authorized to be appropriated to 
        carry out part E such sums as may be necessary for each of 
        fiscal years 2000 through 2005.''.
    (o) Consolidated Review of Applications.--The Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting after 
section 384 the following:

``SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

    ``With respect to funds available to carry out parts A, B, C, D, 
and E, nothing in this title shall be construed to prohibit the 
Secretary from--
            ``(1) announcing, in a single announcement, the 
        availability of funds for grants under 2 or more of such parts; 
        and
            ``(2) reviewing applications for grants under 2 or more of 
        such parts in a single, consolidated application review 
        process.''.
    (p) Definitions.--The Runaway and Homeless Youth Act (42 U.S.C. 
5701 et seq.) is amended by inserting after section 385, as added by 
subsection (o) of this section, the following:

``SEC. 386. DEFINITIONS.

    ``In this title:
            ``(1) Drug abuse education and prevention services.--The 
        term `drug abuse education and prevention services'--
                    ``(A) means services to runaway and homeless youth 
                to prevent or reduce the illicit use of drugs by such 
                youth; and
                    ``(B) may include--
                            ``(i) individual, family, group, and peer 
                        counseling;
                            ``(ii) drop-in services;
                            ``(iii) assistance to runaway and homeless 
                        youth in rural areas (including the development 
                        of community support groups);
                            ``(iv) information and training relating to 
                        the illicit use of drugs by runaway and 
                        homeless youth, to individuals involved in 
                        providing services to such youth; and
                            ``(v) activities to improve the 
                        availability of local drug abuse prevention 
                        services to runaway and homeless youth.
            ``(2) Home-based services.--The term `home-based 
        services'--
                    ``(A) means services provided to youth and their 
                families for the purpose of--
                            ``(i) preventing such youth from running 
                        away, or otherwise becoming separated, from 
                        their families; and
                            ``(ii) assisting runaway youth to return to 
                        their families; and
                    ``(B) includes services that are provided in the 
                residences of families (to the extent practicable), 
                including--
                            ``(i) intensive individual and family 
                        counseling; and
                            ``(ii) training relating to life skills and 
                        parenting.
            ``(3) Homeless youth.--The term `homeless youth' means an 
        individual--
                    ``(A) who is--
                            ``(i) not more than 21 years of age; and
                            ``(ii) for the purposes of part B, not less 
                        than 16 years of age;
                    ``(B) for whom it is not possible to live in a safe 
                environment with a relative; and
                    ``(C) who has no other safe alternative living 
                arrangement.
            ``(4) Street-based services.--The term `street-based 
        services'--
                    ``(A) means services provided to runaway and 
                homeless youth, and street youth, in areas where they 
                congregate, designed to assist such youth in making 
                healthy personal choices regarding where they live and 
                how they behave; and
                    ``(B) may include--
                            ``(i) identification of and outreach to 
                        runaway and homeless youth, and street youth;
                            ``(ii) crisis intervention and counseling;
                            ``(iii) information and referral for 
                        housing;
                            ``(iv) information and referral for 
                        transitional living and health care services;
                            ``(v) advocacy, education, and prevention 
                        services related to--
                                    ``(I) alcohol and drug abuse;
                                    ``(II) sexual exploitation;
                                    ``(III) sexually transmitted 
                                diseases, including human 
                                immunodeficiency virus (HIV); and
                                    ``(IV) physical and sexual assault.
            ``(5) Street youth.--The term `street youth' means an 
        individual who--
                    ``(A) is--
                            ``(i) a runaway youth; or
                            ``(ii) indefinitely or intermittently a 
                        homeless youth; and
                    ``(B) spends a significant amount of time on the 
                street or in other areas that increase the risk to such 
                youth for sexual abuse, sexual exploitation, 
                prostitution, or drug abuse.
            ``(6) Transitional living youth project.--The term 
        `transitional living youth project' means a project that 
        provides shelter and services designed to promote a transition 
        to self-sufficient living and to prevent long-term dependency 
        on social services.
            ``(7) Youth at risk of separation from the family.--The 
        term `youth at risk of separation from the family' means an 
        individual--
                    ``(A) who is less than 18 years of age; and
                    ``(B)(i) who has a history of running away from the 
                family of such individual;
                    ``(ii) whose parent, guardian, or custodian is not 
                willing to provide for the basic needs of such 
                individual; or
                    ``(iii) who is at risk of entering the child 
                welfare system or juvenile justice system as a result 
                of the lack of services available to the family to meet 
                such needs.''.
    (q) Redesignation of Sections.--Sections 371, 372, 381, 382, 383, 
384, 385, and 386 of the Runaway and Homeless Youth Act (42 U.S.C. 
5714b-5851 et seq.), as amended by this title, are redesignated as 
sections 381, 382, 383, 384, 385, 386, 387, and 388, respectively.
    (r) Technical and Conforming Amendment.--Section 331 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended in the first 
sentence by striking ``With'' and all that follows through ``the 
Secretary'', and inserting ``The Secretary''.

SEC. 4204. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

    (a) Findings.--Section 402 of the Missing Children's Assistance Act 
(42 U.S.C. 5771) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for 14 years, the National Center for Missing and 
        Exploited Children has--
                    ``(A) served as the national resource center and 
                clearinghouse congressionally mandated under the 
                provisions of the Missing Children's Assistance Act of 
                1984; and
                    ``(B) worked in partnership with the Department of 
                Justice, the Federal Bureau of Investigation, the 
                Department of the Treasury, the Department of State, 
                and many other agencies in the effort to find missing 
                children and prevent child victimization;
            ``(10) Congress has given the Center, which is a private 
        non-profit corporation, access to the National Crime 
        Information Center of the Federal Bureau of Investigation, and 
        the National Law Enforcement Telecommunications System;
            ``(11) since 1987, the Center has operated the National 
        Child Pornography Tipline, in conjunction with the United 
        States Customs Service and the United States Postal Inspection 
        Service and, beginning this year, the Center established a new 
        CyberTipline on child exploitation, thus becoming `the 911 for 
        the Internet';
            ``(12) in light of statistics that time is of the essence 
        in cases of child abduction, the Director of the Federal Bureau 
        of Investigation in February of 1997 created a new NCIC child 
        abduction (`CA') flag to provide the Center immediate 
        notification in the most serious cases, resulting in 642 `CA' 
        notifications to the Center and helping the Center to have its 
        highest recovery rate in history;
            ``(13) the Center has established a national and 
        increasingly worldwide network, linking the Center online with 
        each of the missing children clearinghouses operated by the 50 
        States, the District of Columbia, and Puerto Rico, as well as 
        with Scotland Yard in the United Kingdom, the Royal Canadian 
        Mounted Police, INTERPOL headquarters in Lyon, France, and 
        others, which has enabled the Center to transmit images and 
        information regarding missing children to law enforcement 
        across the United States and around the world instantly;
            ``(14) from its inception in 1984 through March 31, 1998, 
        the Center has--
                    ``(A) handled 1,203,974 calls through its 24-hour 
                toll-free hotline (1-800-THE-LOST) and currently 
                averages 700 calls per day;
                    ``(B) trained 146,284 law enforcement, criminal and 
                juvenile justice, and healthcare professionals in child 
                sexual exploitation and missing child case detection, 
                identification, investigation, and prevention;
                    ``(C) disseminated 15,491,344 free publications to 
                citizens and professionals; and
                    ``(D) worked with law enforcement on the cases of 
                59,481 missing children, resulting in the recovery of 
                40,180 children;
            ``(15) the demand for the services of the Center is growing 
        dramatically, as evidenced by the fact that in 1997, the Center 
        handled 129,100 calls, an all-time record, and by the fact that 
        its new Internet website (www.missingkids.com) receives 
        1,500,000 `hits' every day, and is linked with hundreds of 
        other websites to provide real-time images of breaking cases of 
        missing children;
            ``(16) in 1997, the Center provided policy training to 256 
        police chiefs and sheriffs from 50 States and Guam at its new 
        Jimmy Ryce Law Enforcement Training Center;
            ``(17) the programs of the Center have had a remarkable 
        impact, such as in the fight against infant abductions in 
        partnership with the healthcare industry, during which the 
        Center has performed 668 onsite hospital walk-throughs and 
        inspections, and trained 45,065 hospital administrators, 
        nurses, and security personnel, and thereby helped to reduce 
        infant abductions in the United States by 82 percent;
            ``(18) the Center is now playing a significant role in 
        international child abduction cases, serving as a 
        representative of the Department of State at cases under The 
        Hague Convention, and successfully resolving the cases of 343 
        international child abductions, and providing greater support 
        to parents in the United States;
            ``(19) the Center is a model of public/private partnership, 
        raising private sector funds to match congressional 
        appropriations and receiving extensive private in-kind support, 
        including advanced technology provided by the computer industry 
        such as imaging technology used to age the photographs of long-
        term missing children and to reconstruct facial images of 
        unidentified deceased children;
            ``(20) the Center was 1 of only 10 of 300 major national 
        charities given an A+ grade in 1997 by the American Institute 
        of Philanthropy; and
            ``(21) the Center has been redesignated as the Nation's 
        missing children clearinghouse and resource center once every 3 
        years through a competitive selection process conducted by the 
        Office of Juvenile Justice and Delinquency Prevention of the 
        Department of Justice, and has received grants from that Office 
        to conduct the crucial purposes of the Center.''.
    (b) Definitions.--Section 403 of the Missing Children's Assistance 
Act (42 U.S.C. 5772) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the term `Center' means the National Center for 
        Missing and Exploited Children.''.
    (c) Duties and Functions of the Administrator.--Section 404 of the 
Missing Children's Assistance Act (42 U.S.C. 5773) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Annual Grant to National Center for Missing and Exploited 
Children.--
            ``(1) In general.--The Administrator shall annually make a 
        grant to the National Center for Missing and Exploited 
Children, which shall be used to--
                    ``(A)(i) operate a national 24-hour toll-free 
                telephone line by which individuals may report 
                information regarding the location of any missing 
                child, or other child 13 years of age or younger whose 
                whereabouts are unknown to such child's legal 
                custodian, and request information pertaining to 
                procedures necessary to reunite such child with such 
                child's legal custodian; and
                    ``(ii) coordinate the operation of such telephone 
                line with the operation of the national communications 
                system referred to in part C of the Runaway and 
                Homeless Youth Act (42 U.S.C. 5714-11);
                    ``(B) operate the official national resource center 
                and information clearinghouse for missing and exploited 
                children;
                    ``(C) provide to State and local governments, 
                public and private nonprofit agencies, and individuals, 
                information regarding--
                            ``(i) free or low-cost legal, restaurant, 
                        lodging, and transportation services that are 
                        available for the benefit of missing and 
                        exploited children and their families; and
                            ``(ii) the existence and nature of programs 
                        being carried out by Federal agencies to assist 
                        missing and exploited children and their 
                        families;
                    ``(D) coordinate public and private programs that 
                locate, recover, or reunite missing children with their 
                families;
                    ``(E) disseminate, on a national basis, information 
                relating to innovative and model programs, services, 
                and legislation that benefit missing and exploited 
                children;
                    ``(F) provide technical assistance and training to 
                law enforcement agencies, State and local governments, 
                elements of the criminal justice system, public and 
                private nonprofit agencies, and individuals in the 
                prevention, investigation, prosecution, and treatment 
                of cases involving missing and exploited children; and
                    ``(G) provide assistance to families and law 
                enforcement agencies in locating and recovering missing 
                and exploited children, both nationally and 
                internationally.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection, $10,000,000 for each of fiscal years 2000 through 
        2005.
    ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
            ``(1) periodically conduct national incidence studies to 
        determine for a given year the actual number of children 
        reported missing each year, the number of children who are 
        victims of abduction by strangers, the number of children who 
        are the victims of parental kidnapings, and the number of 
        children who are recovered each year; and
            ``(2) provide to State and local governments, public and 
        private nonprofit agencies, and individuals information to 
        facilitate the lawful use of school records and birth 
        certificates to identify and locate missing children.''.
    (d) National Center for Missing and Exploited Children.--Section 
405(a) of the Missing Children's Assistance Act (42 U.S.C. 5775(a)) is 
amended by inserting ``the National Center for Missing and Exploited 
Children and with'' before ``public agencies''.
    (e) Authorization of Appropriations.--Section 408 of the Missing 
Children's Assistance Act (42 U.S.C. 5777) is amended by striking 
``1997 through 2001'' and inserting ``2000 through 2005''.
    (f) Repeal of Obsolete Reporting Requirements.--Section 409 of the 
Missing Children's Assistance Act (42 U.S.C. 5778) is repealed.

SEC. 4205. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--In this section, unless otherwise provided or 
indicated by the context:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Prevention established by operation of subsection (b).
            (2) Administrator of the office.--The term ``Administrator 
        of the Office'' means the Administrator of the Office of 
        Juvenile Justice and Delinquency Prevention.
            (3) Bureau of justice assistance.--The term ``Bureau of 
        Justice Assistance'' means the bureau established under section 
        401 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' by section 551(1) of title 5, 
        United States Code.
            (5) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (6) Office of juvenile crime control and prevention.--The 
        term ``Office of Juvenile Crime Control and Prevention'' means 
        the office established by operation of subsection (b).
            (7) Office of juvenile justice and delinquency 
        prevention.--The term ``Office of Juvenile Justice and 
        Delinquency Prevention'' means the Office of Juvenile Justice 
        and Delinquency Prevention of the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act.
            (8) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Office of 
Juvenile Crime Control and Prevention all functions that the 
Administrator of the Office exercised before the date of enactment of 
this Act (including all related functions of any officer or employee of 
the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the date of enactment of this Act, relating to 
carrying out the Juvenile Justice and Delinquency Prevention Act of 
1974.
    (c) Transfer and Allocations of Appropriations and Personnel.--
            (1) In general.--Except as otherwise provided in this 
        section, the personnel employed in connection with, and the 
        assets, liabilities, contracts, property, records, and 
        unexpended balances of appropriations, authorizations, 
        allocations, and other amounts employed, used, held, arising 
        from, available to, or to be made available in connection with 
        the functions transferred by this section, subject to section 
        1531 of title 31, United States Code, shall be transferred to 
        the Office of Juvenile Crime Control and Prevention.
            (2) Unexpended amounts.--Any unexpended amounts transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the amounts were originally authorized and 
        appropriated.
    (d) Incidental Transfers.--
            (1) In general.--The Director of the Office of Management 
        and Budget, at such time or times as the Director of that 
        Office shall provide, may make such determinations as may be 
        necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.
            (2) Termination of affairs.--The Director of the Office of 
        Management and Budget shall provide for the termination of the 
        affairs of all entities terminated by this section and for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
    (e) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        date of enactment of this Act, held a position compensated in 
        accordance with the Executive Schedule prescribed in chapter 53 
        of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Crime Control 
        and Prevention to a position having duties comparable to the 
        duties performed immediately preceding such appointment shall 
        continue to be compensated in such new position at not less 
        than the rate provided for such previous position, for the 
        duration of the service of such person in such new position.
            (3) Transition rule.--The incumbent Administrator of the 
        Office as of the date immediately preceding the date of 
        enactment of this Act shall continue to serve as Administrator 
        after the date of enactment of this Act until such time as the 
        incumbent resigns, is relieved of duty by the President, or an 
        Administrator is appointed by the President, by and with the 
        advice and consent of the Senate.
    (f) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and
                    (B) that are in effect at the time this section 
                takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be continued.
                    (B) Orders; appeals; payments.--Orders shall be 
                issued in such proceedings, appeals shall be taken 
                therefrom, and payments shall be made pursuant to such 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this paragraph shall be construed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the date of enactment of this Act, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this section may be continued, to 
        the extent authorized by this section, by the Office of 
        Juvenile Crime Control and Prevention with the same effect as 
        if this section had not been enacted.
    (g) Transition.--The Administrator may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Crime Control and Prevention by this section; and
            (2) amounts appropriated to such functions for such period 
        of time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (h) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred by 
        operation of subsection (b), shall be considered to refer to 
        the Administrator of the Office of Juvenile Crime Control and 
        Prevention; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Prevention.
    (i) Technical and Conforming Amendments.--
            (1) Section 5315 of title 5, United States Code, is amended 
        by striking ``Administrator, Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Administrator, Office 
        of Juvenile Crime Control and Prevention''.
            (2) Section 4351(b) of title 18, United States Code, is 
        amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Prevention''.
            (3) Subsections (a)(1) and (c) of section 3220 of title 39, 
        United States Code, are each amended by striking ``Office of 
        Juvenile Justice and Delinquency Prevention'' each place it 
        appears and inserting ``Office of Juvenile Crime Control and 
        Prevention''.
            (4) Section 463(f) of the Social Security Act (42 U.S.C. 
        663(f)) is amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Prevention''.
            (5) Sections 801(a), 804, 805, and 813 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3712(a), 3782, 3785, 3786, 3789i) are amended by striking 
        ``Office of Juvenile Justice and Delinquency Prevention'' each 
        place it appears and inserting ``Office of Juvenile Crime 
        Control and Prevention''.
            (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 
        et seq.) is amended--
                    (A) in section 214(b)(1) by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (B) in section 214A(c)(1) by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (C) in sections 217 and 222 by striking ``Office of 
                Juvenile Justice and Delinquency Prevention'' each 
                place it appears and inserting ``Office of Juvenile 
                Crime Control and Prevention''; and
                    (D) in section 223(c) by striking ``section 262, 
                293, and 296'' and inserting ``sections 262, 299B, and 
                299E''.
            (7) The Missing Children's Assistance Act (42 U.S.C. 5771 
        et seq.) is amended--
                    (A) in section 403(2) by striking ``Justice and 
                Delinquency Prevention'' and inserting ``Crime Control 
                and Delinquency Prevention''; and
                    (B) in subsections (a)(5)(E) and (b)(1)(B) of 
                section 404 by striking ``section 313'' and inserting 
                ``section 331''.
            (8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.) 
        is amended--
                    (A) in section 217(c)(1) by striking ``sections 
                262, 293, and 296 of subpart II of title II'' and 
                inserting ``sections 299B and 299E''; and
                    (B) in section 223(c) by striking ``section 262, 
                293, and 296 of title II'' and inserting ``sections 
                299B and 299E''.
    (j) References.--In any Federal law (excluding this Act and the 
Acts amended by this Act), Executive order, rule, regulation, order, 
delegation of authority, grant, contract, suit, or document a reference 
to the Office of Juvenile Justice and Delinquency Prevention shall be 
deemed to include a reference to the Office of Juvenile Crime Control 
and Prevention.

CHAPTER 2--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION 
                            INCENTIVE GRANTS

SEC. 4221. BLOCK GRANT PROGRAM.

    (a) In General.--Part R of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as 
follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General shall make, subject to the 
availability of appropriations, grants to States for use by States and 
units of local government in planning, establishing, operating, 
coordinating, and evaluating projects, directly or through grants and 
contracts with public and private agencies, for the development of more 
effective investigation, prosecution, and punishment (including the 
imposition of graduated sanctions) of crimes or acts of delinquency 
committed by juveniles, programs to improve the administration of 
justice for and ensure accountability by juvenile offenders, and 
programs to reduce the risk factors (such as truancy, drug or alcohol 
use, and gang involvement) associated with juvenile crime or 
delinquency.
    ``(b) Use of Grants.--Grants under this section may be used by 
States and units of local government--
            ``(1) for programs to enhance the identification, 
        investigation, prosecution, and punishment of juvenile 
        offenders, such as--
                    ``(A) the utilization of graduated sanctions;
                    ``(B) the utilization of short-term confinement of 
                juvenile offenders;
                    ``(C) the incarceration of violent juvenile 
                offenders for extended periods of time;
                    ``(D) the hiring of juvenile prosecutors, juvenile 
                public defenders, juvenile judges, juvenile probation 
                officers, and juvenile correctional officers to 
                implement policies to control juvenile crime and ensure 
                accountability of juvenile offenders; and
                    ``(E) the development and implementation of 
                coordinated, multi-agency systems for--
                            ``(i) the comprehensive and coordinated 
                        booking, identification, and assessment of 
                        juveniles arrested or detained by law 
                        enforcement agencies, including the utilization 
                        of multi-agency facilities such as juvenile 
                        assessment centers; and
                            ``(ii) the coordinated delivery of support 
                        services for juveniles who have had or are at 
                        risk for contact with the juvenile or criminal 
                        systems, including utilization of court-
                        established local service delivery councils;
            ``(2) for programs that require juvenile offenders to make 
        restitution to the victims of offenses committed by those 
        juvenile offenders;
            ``(3) for programs that require juvenile offenders to 
        attend and successfully complete school or vocational training 
        as part of a sentence imposed by a court;
            ``(4) for programs that require juvenile offenders who are 
        parents to demonstrate parental responsibility by working and 
        paying child support;
            ``(5) for programs that seek to curb or punish truancy;
            ``(6) for programs designed to collect, record, retain, and 
        disseminate information useful in the identification, 
        prosecution, and sentencing of juvenile offenders, such as 
        criminal history information, fingerprints, DNA tests, and 
        ballistics tests;
            ``(7) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and treatment of the most serious juvenile 
        offenses and offenders, popularly known as a `SHOCAP Program' 
        (Serious Habitual Offenders Comprehensive Action Program);
            ``(8) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
investigation, and disruption of youth gangs;
            ``(9) for the construction or remodeling of short- and 
        long-term facilities for juvenile offenders;
            ``(10) for the development and implementation of 
        technology, equipment, training programs for juvenile crime 
        control, for law enforcement officers, judges, prosecutors, 
        probation officers, and other court personnel who are employed 
        by State and local governments, in furtherance of the purposes 
        identified in this section; and
            ``(11) for programs to seek to target, curb, and punish 
        adults who knowingly and intentionally use a juvenile during 
        the commission or attempted commission of a crime, including 
        programs that specifically provide for additional punishments 
        or sentence enhancements for adults who knowingly and 
        intentionally use a juvenile during the commission or attempted 
        commission of a crime.
    ``(c) Requirements.--To be eligible to receive an incentive grant 
under this section, a State shall submit to the Attorney General an 
application, in such form as shall be prescribed by the Attorney 
General, which shall contain assurances that, not later than 1 year 
after the date on which the State submits such application--
            ``(1) the State has established or will establish a system 
        of graduated sanctions for juvenile offenders that ensures 
        appropriate sanctions, which are graduated to reflect the 
        severity or repeated nature of violations, for each act of 
        delinquency;
            ``(2) the State has established or will establish a policy 
        of drug testing (including followup testing) juvenile offenders 
        upon their arrest for any offense within an appropriate 
        category of offenses designated by the chief executive officer 
        of the State; and
            ``(3) the State has an established policy recognizing the 
        rights and needs of victims of crimes committed by juveniles.
    ``(d) Allocation and Distribution of State Grants.--
            ``(1) In general.--
                    ``(A) State and local distribution.--Subject to 
                subparagraph (B), of amounts made available to the 
                State, 30 percent may be retained by the State for use 
                pursuant to paragraph (2) and 70 percent shall be 
                reserved by the State for local distribution pursuant 
                to paragraph (3).
                    ``(B) Special rule.--The Attorney General may waive 
                the requirements of this paragraph with respect to any 
                State in which the criminal and juvenile justice 
                services for delinquent or other youth are organized 
                primarily on a statewide basis, in which case not more 
                than 50 percent of funds shall be made available to all 
                units of local government in that State pursuant to 
                paragraph (3).
            ``(2) Other distribution.--Of amounts retained by the State 
        under paragraph (1) not less than 50 percent shall be 
        designated for--
                    ``(A) programs pursuant to paragraph (1) or (9) of 
                subsection (b), except that if the State designates any 
                amounts for purposes of construction or remodeling of 
                short- or long-term facilities pursuant to subsection 
                (b)(9), such amounts shall constitute not more than 50 
                percent of the estimated construction or remodeling 
                cost and that no funds expended pursuant to this 
                subparagraph may be used for the incarceration of any 
                offender who was more than 21 years of age at the time 
                of the offense, and no funds expended pursuant to this 
                subparagraph may be used for construction, renovation, 
                or expansion of facilities for such offenders, except 
                that funds may be used to construct juvenile facilities 
                collocated with adult facilities; or
                    ``(B) drug testing upon arrest for any offense 
                within the category of offenses designated pursuant to 
                subsection (c)(3), and intensive supervision thereafter 
                pursuant to programs under subsection (b)(7) and 
                subsection (c)(3).
            ``(3) Local eligibility and distribution.--
                    ``(A) In general.--
                            ``(i) Local distribution subgrant 
                        eligibility.--To be eligible to receive a 
                        subgrant, a unit of local government shall 
                        provide such assurances to the State as the 
                        State shall require, that, to the maximum 
                        extent applicable, the unit of local government 
                        has laws or policies and programs that comply 
                        with the eligibility requirements of subsection 
                        (c).
                            ``(ii) Coordinated local effort.--Prior to 
                        receiving a grant under this section, a unit of 
                        local government shall certify that it has or 
                        will establish a coordinated enforcement plan 
                        for reducing juvenile crime within the 
                        jurisdiction of the unit of local government, 
                        developed by a juvenile crime enforcement 
                        coalition, such coalition consisting of 
                        individuals within the jurisdiction 
                        representing the police, sheriff, prosecutor, 
                        State or local probation services, juvenile 
                        court, schools, business, and religious 
                        affiliated, fraternal, nonprofit, or social 
                        service organizations involved in crime 
                        prevention.
                    ``(B) Special rule.--The requirements of 
                subparagraph (A) shall apply to an eligible unit that 
                receives funds from the Attorney General under 
                subparagraph (H), except that information that would 
                otherwise be submitted to the State shall be submitted 
                to the Attorney General.
                    ``(C) Local distribution.--From amounts reserved 
                for local distribution under paragraph (1), the State 
                shall allocate to such units of local government an 
                amount that bears the same ratio to the aggregate 
                amount of such funds as--
                            ``(i) the sum of--
                                    ``(I) the product of--
                                            ``(aa) two-thirds; 
                                        multiplied by
                                            ``(bb) the average law 
                                        enforcement expenditure for 
                                        such unit of local government 
                                        for the 3 most recent calendar 
                                        years for which such data is 
                                        available; plus
                                    ``(II) the product of--
                                            ``(aa) one-third; 
                                        multiplied by
                                            ``(bb) the average annual 
                                        number of part 1 violent crimes 
                                        in such unit of local 
                                        government for the 3 most 
                                        recent calendar years for which 
                                        such data is available, bears 
                                        to--
                            ``(ii) the sum of the products determined 
                        under subparagraph (A) for all such units of 
                        local government in the State.
                    ``(D) Expenditures.--The allocation any unit of 
                local government shall receive under paragraph (1) for 
                a payment period shall not exceed 100 percent of law 
                enforcement expenditures of the unit for such payment 
                period.
                    ``(E) Reallocation.--The amount of any unit of 
                local government's allocation that is not available to 
                such unit by operation of paragraph (2) shall be 
                available to other units of local government that are 
                not affected by such operation in accordance with this 
                subsection.
                    ``(F) Unavailability of data for units of local 
                government.--If the State has reason to believe that 
                the reported rate of part 1 violent crimes or law 
                enforcement expenditure for a unit of local government 
                is insufficient or inaccurate, the State shall--
                            ``(i) investigate the methodology used by 
                        the unit to determine the accuracy of the 
                        submitted data; and
                            ``(ii) if necessary, use the best available 
                        comparable data regarding the number of violent 
                        crimes or law enforcement expenditure for the 
                        relevant years for the unit of local 
                        government.
                    ``(G) Local government with allocations less than 
                $5,000.--If, under this section, a unit of local 
                government is allocated less than $5,000 for a payment 
                period, the amount allocated shall be expended by the 
                State on services to units of local government whose 
                allotment is less than such amount in a manner 
                consistent with this part.
                    ``(H) Direct grants to eligible units.--
                            ``(i) In general.--If a State does not 
                        qualify or apply for a grant under this 
                        section, by the application deadline 
                        established by the Attorney General, the 
                        Attorney General shall reserve not more than 70 
                        percent of the allocation that the State would 
                        have received for grants under this section 
                        under subsection (e) for such fiscal year to 
                        provide grants to eligible units that meet the 
                        requirements for funding under subparagraph 
                        (A).
                            ``(ii) Award basis.--In addition to the 
                        qualification requirements for direct grants 
                        for eligible units the Attorney General may use 
                        the average amount allocated by the States to 
                        like governmental units as a basis for awarding 
                        grants under this section.
                    ``(I) Allocation by units of local government.--Of 
                amounts made available under this section to a unit of 
                local government, not less than 50 percent shall be 
                designated for--
                            ``(i) paragraph (1) or (9) of subsection 
                        (b), except that, if amounts are allocated for 
                        purposes of construction or remodeling of 
                        short- or long-term facilities pursuant to 
                        subsection (b)(9)--
                                    ``(I) the unit of local government 
                                shall coordinate such expenditures with 
                                similar State expenditures;
                                    ``(II) Federal funds shall 
                                constitute not more than 50 percent of 
                                the estimated construction or 
                                remodeling cost; and
                                    ``(III) no funds expended pursuant 
                                to this clause may be used for the 
                                incarceration of any offender who was 
                                more than 21 years of age at the time 
                                of the offense or for construction, 
                                renovation, or expansion of facilities 
                                for such offenders, except that funds 
                                may be used to construct juvenile 
                                facilities collocated with adult 
                                facilities, including separate 
                                buildings for juveniles and separate 
                                juvenile wings, cells, or areas 
                                collocated within an adult jail or 
                                lockup; or
                            ``(ii) drug testing upon arrest for any 
                        offense within the category of offenses 
                        designated pursuant to subsection (c)(3), and 
                        intensive supervision thereafter pursuant to 
                        programs under subsection (b)(7) and subsection 
                        (c)(3).
            ``(4) Nonsupplantation.--Amounts made available under this 
        section to the States (or units of local government in the 
        State) shall not be used to supplant State or local funds (or 
        in the case of Indian tribal governments, to supplant amounts 
        provided by the Bureau of Indian Affairs) but shall be used to 
        increase the amount of funds that would in the absence of 
        amounts received under this section, be made available from a 
        State or local source, or in the case of Indian tribal 
        governments, from amounts provided by the Bureau of Indian 
        Affairs.
    ``(e) Allocation of Grants Among Qualifying States; Restrictions on 
Use.--
            ``(1) Allocation.--Amounts made available under this 
        section shall be allocated as follows:
                    ``(A) 0.5 percent shall be allocated to each 
                eligible State.
                    ``(B) The amount remaining after the allocation 
                under subparagraph (A) shall be allocated 
                proportionately based on the population that is less 
                than 18 years of age in the eligible States.
            ``(2) Restrictions on use.--Amounts made available under 
        this section shall be subject to the restrictions of 
        subsections (a) and (b) of section 292 of the Juvenile Justice 
        and Delinquency Prevention Act of 1974, except that the 
        penalties in section 292(c) of such Act do not apply.
    ``(f) Grants to Indian Tribes.--
            ``(1) Reservation of funds.--Notwithstanding any other 
        provision of law, from the amounts appropriated pursuant to 
        section 291 of the Juvenile Justice and Delinquency Prevention 
        Act of 1974, for each fiscal year, the Attorney General shall 
        reserve an amount equal to the amount to which all Indian 
        tribes eligible to receive a grant under paragraph (3) would 
        collectively be entitled, if such tribes were collectively 
        treated as a State to carry out this subsection.
            ``(2) Grants to indian tribes.--From the amounts reserved 
        under paragraph (1), the Attorney General shall make grants to 
        Indian tribes for programs pursuant to the permissible purposes 
        under section 1801.
            ``(3) Applications.--To be eligible to receive a grant 
        under this subsection, an Indian tribe shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may by regulation 
        require. The requirements of subsection (c) apply to grants 
        under this subsection.

``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

    ``(a) In General.--The Attorney General, through the Director of 
the Bureau of Justice Statistics and with consultation and coordination 
with the Office of Justice Programs and the Attorney General, upon 
application from a State (in such form and containing such information 
as the Attorney General may reasonably require) shall make a grant to 
each eligible State to be used by the State exclusively for purposes of 
meeting the eligibility requirements of subsection (b).
    ``(b) Eligibility.--A State is eligible for a grant under 
subsection (a) if its application provides assurances that, not later 
than 3 years after the date on which such application is submitted, the 
State will--
            ``(1) maintain, at the adult State central repository in 
        accordance with the State's established practices and policies 
        relating to adult criminal history records--
                    ``(A) a fingerprint supported record of the 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would constitute 
                the offense of murder, armed robbery, rape (except 
                statutory rape), or a felony offense involving sexual 
                molestation of a child, or a conspiracy or attempt to 
                commit any such offense (all as defined by State law), 
                that is equivalent to, and maintained and disseminated 
                in the same manner and for the same purposes as are 
                adult criminal history records for the same offenses, 
                except that the record may include a notation of 
                expungement pursuant to State law; and
                    ``(B) a fingerprint supported record of the 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would be a 
                felony other than a felony described in subparagraph 
                (A) that is equivalent to, and maintained and 
                disseminated in the same manner for any criminal 
                justice purpose as are adult criminal history records 
                for the same offenses, except that the record may 
                include a notation of expungement pursuant to State 
                law; and
            ``(2) will establish procedures by which an official of an 
        elementary, secondary, and post-secondary school may, in 
        appropriate circumstances (as defined by applicable State law), 
        gain access to the juvenile adjudication record of a student 
        enrolled at the school, or a juvenile who seeks, intends, or is 
        instructed to enroll at that school, if--
                    ``(A) the official is subject to the same standards 
                and penalties under applicable Federal and State law 
                relating to the handling and disclosure of information 
                contained in juvenile adjudication records as are 
                employees of law enforcement and juvenile justice 
                agencies in the State; and
                    ``(B) information contained in the juvenile 
                adjudication record may not be used for the purpose of 
                making an admission determination.
    ``(c) Validity of Certain Judgments.--Nothing in this section shall 
require States, in order to qualify for grants under this title, to 
modify laws concerning the status of any adjudication of juvenile 
delinquency or judgment of conviction under the law of the State that 
entered the judgment.
    ``(d) Definitions.--In this section--
            ``(1) the term `criminal justice purpose' means the use by 
        and within the criminal justice system for the detection, 
        apprehension, detention, pretrial release, post-trial release, 
        prosecution, adjudication, sentencing, disposition, 
        correctional supervision, or rehabilitation of accused persons, 
        criminal offenders, or juvenile delinquents; and
            ``(2) the term `expungement' means the nullification of the 
        legal effect of the conviction or adjudication to which the 
        record applies.''.

SEC. 4222. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
            (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (referred to in this section as the ``program'') 
        to encourage and support communities that adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
            (2) Program.--In carrying out the program, the Attorney 
        General shall--
                    (A) make and track grants to grant recipients 
                (referred to in this section as ``coalitions'');
                    (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                    (C) provide for the general administration of the 
                program.
            (3) Administration.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall appoint or 
        designate an Administrator (referred to in this section as the 
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1 
                or more representatives of--
                            (i) the local police department or 
                        sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) the United States Attorney's office;
                            (iv) the Federal Bureau of Investigation;
                            (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                            (vi) State or local probation officers;
                            (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                            (viii) schools;
                            (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups; and
                            (x) social service agencies involved in 
                        crime prevention.
                    (B) Other participants.--If possible, in addition 
                to the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                            (i) representatives from the business 
                        community; and
                            (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                            (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
                        departments, prosecutors, and local community 
                        leaders to focus on the suppression of violent 
                        juvenile crime involving gangs;
                            (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                            (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                            (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and 
                        report outcomes consistent with common 
                        indicators and evaluation protocols established 
                        by the Administrator and that receives the 
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
evaluated on a regular basis to assess progress in reducing violent 
juvenile crime.
            (5) Grant amounts.--
                    (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                    (B) Nonsupplanting requirement.--A coalition 
                seeking funds shall provide reasonable assurances that 
                funds made available under this program to States or 
                units of local government shall be so used as to 
                supplement and increase (but not supplant) the level of 
                the State, local, and other non-Federal funds that 
                would in the absence of such Federal funds be made 
                available for programs described in this section, and 
                shall in no event replace such State, local, or other 
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice to the grant recipient and an 
                opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (D), 
                the Administrator may award a renewal grant to grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                    (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
            (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
            (7) Congressional consultation.--
                    (A) In general.--Two years after the date of 
                implementation of the program established in this 
                section, the Comptroller General of the United States 
                shall submit to Congress a report reviewing the 
                effectiveness of the program in suppressing and 
                reducing violent juvenile crime in the participating 
                communities.
                    (B) Contents of report.--The report submitted under 
                subparagraph (A) shall include--
                            (i) an analysis of each community 
                        participating in the program, along with 
                        information regarding the plan undertaken in 
                        the community, and the effectiveness of the 
                        plan in reducing violent juvenile crime; and
                            (ii) recommendations regarding the efficacy 
                        of continuing the program.
    (b) Information Collection and Dissemination With Respect to 
Coalitions.--
            (1) Coalition information.--For the purpose of audit and 
        examination, the Attorney General--
                    (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                    (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
            (2) Reporting.--The Attorney General shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $3,000,000 for each of fiscal years 2000 
        through 2003.
            (2) Source of sums.--Amounts authorized to be appropriated 
        pursuant to this subsection may be derived from the Violent 
        Crime Reduction Trust Fund.

SEC. 4223. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through C, and subtitles G 
        through S.
            (2) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
    (b) Reform of GREAT Program.--Section 32401(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Selection of communities.--
                    ``(A) In general.--Each community identified for a 
                GREAT project referred to in paragraph (1) shall be 
                selected by the Secretary of the Treasury on the basis 
                of--
                            ``(i) the level of gang activity and youth 
                        violence in the area in which the community is 
                        located;
                            ``(ii) the number of schools in the 
                        community in which training would be provided 
                        under the project;
                            ``(iii) the number of students who would 
                        receive the training referred to in clause (ii) 
                        in schools referred to in that clause; and
                            ``(iv) a written description from officials 
                        of the community explaining the manner in which 
                        funds made available to the community under 
                        this section would be allocated.
                    ``(B) Equitable selection.--The Secretary of the 
                Treasury shall ensure that--
                            ``(i) communities are identified and 
                        selected for GREAT projects under this 
                        subsection on an equitable geographic basis 
                        (except that this clause shall not be construed 
                        to require the termination of any projects 
                        selected prior to the beginning of fiscal year 
                        1999); and
                            ``(ii) the communities referred to in 
                        clause (i) include rural communities.''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``50 percent'' 
                and inserting ``85 percent''; and
                    (B) in subparagraph (B), by striking ``50 percent'' 
                and inserting ``15 percent''.

SEC. 4224. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    Section 310001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) for fiscal year 2001, $1,000,000,000.''.

SEC. 4225. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
              ALIENS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
            (2) in subsection (b), by inserting ``(including any 
        juvenile alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
            (3) by adding at the end the following:
    ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as defined in section 101(a)(3) of the 
Immigration and Nationality Act) who has been adjudicated delinquent 
and committed to a correctional facility by a State or locality as a 
juvenile offender.''.
    (b) Annual Report.--Section 332 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional facilities, 
        including the type of offense committed by each juvenile.''.
    (c) Technical and Conforming Amendment.--Section 241(i)(3)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is 
amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iv) is a juvenile alien with respect to 
                        whom section 501 of the Immigration Reform and 
                        Control Act of 1986 applies.''.

SEC. 4226. SENSE OF CONGRESS.

    (a) Findings.--Congress finds that--
            (1) juveniles between the ages of 10 years and 14 years are 
        committing an increasing number of murders and other serious 
        crimes;
            (2) on March 24, 1998, 11-year-old Andrew Golden and 13-
        year-old Mitchell Johnson shot and killed 4 fellow students and 
        a teacher and injured 10 additional students in Jonesboro, 
        Arkansas;
            (3) Golden and Mitchell executed an elaborate scheme to 
        carry out their preplanned attack, including faking illness to 
        miss school, stealing a vehicle from a parent, attempting to 
        use a blowtorch and hammer to break into a locked gun safe, 
        breaking a window to gain access to a grandparent's house and 
        steal several firearms from the house, and pulling a fire alarm 
        to draw the students and teachers from the school out into the 
        open;
            (4) under Arkansas State law, neither of the gunmen could 
        be charged as an adult despite the viciousness of the crimes 
        and the clear and well-planned intent demonstrated by the 
        gunmen in carrying out their scheme;
            (5) the tragedy in Jonesboro, Arkansas, is, unfortunately, 
        an all too common occurrence in the United States;
            (6) few States have laws that allow individuals between the 
        ages of 10 years and 14 years to be tried as adults, even if 
        they commit an offense that, if committed by an adult, would be 
        a felony offense for which the maximum penalty is a sentence of 
        death; and
            (7) the juvenile and criminal justice systems in the United 
        States are not yet equipped to handle the sad reality that 11- 
        and 13-year-old individuals are committing crimes that shock 
        the Nation's conscience and that would often result in a 
        sentence of death if the offenders were older.
    (b) Sense of Congress.--It is the sense of Congress that each State 
should enact legislation to provide that, on motion of the prosecution 
and with approval of a court, an individual who is not less than 10 
years of age and not more than 14 years of age, may be tried as an 
adult and, upon conviction, may be subject to any penalty (other than a 
sentence of death) if the individual is charged with an offense that, 
if committed by an adult, would be a felony offense for which the 
maximum penalty is a sentence of death.

      CHAPTER 3--ALTERNATIVE EDUCATION AND DELINQUENCY PREVENTION

SEC. 4231. ALTERNATIVE EDUCATION.

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

    ``Subpart 4--Alternative Education Demonstration Project Grants

``SEC. 1441. PROGRAM AUTHORITY.

    ``(a) Grants.--
            ``(1) In general.--From amounts appropriated under section 
        1443, the Secretary, in consultation with the Administrator, 
        shall make grants to State educational agencies or local 
        educational agencies for not less than 10 demonstration 
        projects that enable the agencies to develop models for and 
        carry out alternative education for at-risk youth.
            ``(2) Construction.--Nothing in this subpart shall be 
        construed to affect the requirements of the Individuals with 
        Disabilities Education Act.
    ``(b) Demonstration Projects.--
            ``(1) Partnerships.--Each agency receiving a grant under 
        this subpart may enter into a partnership with a private sector 
        entity to provide alternative educational services to at-risk 
        youth.
            ``(2) Requirements.--Each demonstration project assisted 
        under this subpart shall--
                    ``(A) accept for alternative education at-risk or 
                delinquent youth who are referred by a local school or 
                by a court with a juvenile delinquency docket and who--
                            ``(i) have demonstrated a pattern of 
                        serious and persistent behavior problems in 
                        regular schools;
                            ``(ii) are at risk of dropping out of 
                        school;
                            ``(iii) have been convicted of a criminal 
                        offense or adjudicated delinquent for an act of 
                        juvenile delinquency, and are under a court's 
                        supervision; or
                            ``(iv) have demonstrated that continued 
                        enrollment in a regular classroom--
                                    ``(I) poses a physical threat to 
                                other students; or
                                    ``(II) inhibits an atmosphere 
                                conducive to learning; and
                    ``(B) provide for accelerated learning, in a safe, 
                secure, and disciplined environment, including--
                            ``(i) basic curriculum focused on mastery 
                        of essential skills, including targeted 
                        instruction in basic skills required for 
                        secondary school graduation; and
                            ``(ii) emphasis on--
                                    ``(I) personal, academic, social, 
                                and workplace skills; and
                                    ``(II) behavior modification.
    ``(c) Applicability.--Except as provided in subsections (c) and (e) 
of section 1442, the provisions of section 1401(c), 1402, and 1431, and 
subparts 1 and 2, shall not apply to this subpart.
    ``(d) Definition of Administrator.--In this subpart, the term 
`Administrator' means the Administrator of the Office of Juvenile Crime 
Control and Prevention of the Department of Justice.

``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

    ``(a) Applications.--Each State educational agency and local 
educational agency seeking a grant under this subpart shall submit an 
application in such form, and containing such information, as the 
Secretary, in consultation with the Administrator, may reasonably 
require.
    ``(b) Selection of Grantees.--
            ``(1) In general.--The Secretary shall select State 
        educational agencies and local educational agencies to receive 
        grants under this subpart on an equitable geographic basis, 
        including selecting agencies that serve urban, suburban, and 
        rural populations.
            ``(2) Minimum.--The Secretary shall award a grant under 
        this subpart to not less than 1 agency serving a population 
        with a significant percentage of Native Americans.
            ``(3) Priority.--In awarding grants under this subpart, the 
        Secretary may give priority to State educational agencies and 
        local educational agencies that demonstrate in the application 
        submitted under subsection (a) that the State has a policy of 
        equitably distributing resources among school districts in the 
        State.
    ``(c) Qualifications.--To qualify for a grant under this subpart, a 
State educational agency or local educational agency shall--
            ``(1) in the case of a State educational agency, have 
        submitted a State plan under section 1414(a) that is approved 
        by the Secretary;
            ``(2) in the case of a local educational agency, have 
        submitted an application under section 1423 that is approved by 
        the State educational agency;
            ``(3) certify that the agency will comply with the 
        restrictions of section 292 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974;
            ``(4) explain the educational and juvenile justice needs of 
        the community to be addressed by the demonstration project;
            ``(5) provide a detailed plan to implement the 
        demonstration project; and
            ``(6) provide assurances and an explanation of the agency's 
        ability to continue the program funded by the demonstration 
        project after the termination of Federal funding under this 
        subpart.
    ``(d) Matching Requirement.--
            ``(1) In general.--Grant funds provided under this subpart 
        shall not constitute more than 35 percent of the cost of the 
        demonstration project funded.
            ``(2) Source of funds.--Matching funds for grants under 
        this subpart may be derived from amounts available under 
        section 205, or part B of title II, of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) to 
        the State in which the demonstration project will be carried 
        out, except that the total share of funds derived from Federal 
sources shall not exceed 50 percent of the cost of the demonstration 
project.
    ``(e) Program Evaluation.--
            ``(1) In general.--Each State educational agency or local 
        educational agency that receives a grant under this subpart 
        shall evaluate the demonstration project assisted under this 
        subpart in the same manner as programs are evaluated under 
        section 1431. In addition, the evaluation shall include--
                    ``(A) an evaluation of the effect of the 
                alternative education project on order, discipline, and 
                an effective learning environment in regular 
                classrooms;
                    ``(B) an evaluation of the project's effectiveness 
                in improving the skills and abilities of at-risk 
                students assigned to alternative education, including 
                an analysis of the academic and social progress of such 
                students; and
                    ``(C) an evaluation of the project's effectiveness 
                in reducing juvenile crime and delinquency, including--
                            ``(i) reductions in incidents of campus 
                        crime in relevant school districts, compared 
                        with school districts not included in the 
                        project; and
                            ``(ii) reductions in recidivism by at-risk 
                        students who have juvenile justice system 
                        involvement and are assigned to alternative 
                        education.
            ``(2) Evaluation by the secretary.--The Secretary, in 
        cooperation with the Administrator, shall comparatively 
        evaluate each of the demonstration projects funded under this 
        subpart, including an evaluation of the effectiveness of 
        private sector educational services, and shall report the 
        findings of the evaluation to the Committee on Education and 
        the Workforce of the House of Representatives and the 
        Committees on the Judiciary and Health, Education, Labor and 
        Pensions of the Senate not later than June 30, 2005.

``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$15,000,000 for each of fiscal years 2000, 2001, 2002, and 2003.''.

                     Subtitle C--General Provisions

SEC. 4301. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE 
              OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
    ``(B) For purposes of subsections (d) and (g) of section 922, the 
term `act of violent juvenile delinquency' means an adjudication of 
delinquency in Federal or State court, based on a finding of the 
commission of an act by a person prior to his or her eighteenth 
birthday that, if committed by an adult, would be a serious or violent 
felony, as defined in section 3559(c)(2)(F)(i) had Federal jurisdiction 
existed and been exercised (except that section 3559(c)(3) shall not 
apply to this subparagraph).''; and
            (4) in the undesignated paragraph following subparagraph 
        (B) (as added by paragraph (3) of this subsection), by striking 
        ``What constitutes'' and all that follows through ``this 
        chapter,'' and inserting the following:
    ``(C) What constitutes a conviction of such a crime or an 
adjudication of an act of violent juvenile delinquency shall be 
determined in accordance with the law of the jurisdiction in which the 
proceedings were held. Any State conviction or adjudication of an act 
of violent juvenile delinquency that has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
by the jurisdiction in which the conviction or adjudication of an act 
of violent juvenile delinquency occurred shall not be considered to be 
a conviction or adjudication of an act of violent juvenile delinquency 
for purposes of this chapter,''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has committed an act of violent juvenile 
        delinquency.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of violent juvenile 
        delinquency,''.
    (c) Effective Date of Adjudication Provisions.--The amendments made 
by this section shall only apply to an adjudication of an act of 
violent juvenile delinquency that occurs after the date that is 30 days 
after the date on which the Attorney General certifies to Congress and 
separately notifies Federal firearms licensees, through publication in 
the Federal Register by the Secretary of the Treasury, that the records 
of such adjudications are routinely available in the national instant 
criminal background check system established under section 103(b) of 
the Brady Handgun Violence Prevention Act.

SEC. 4302. PROTECTING JUVENILES FROM ALCOHOL ABUSE.

    The Act entitled ``An Act divesting intoxicating liquors of their 
interstate character in certain cases'', approved March 1, 1913 
(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended 
by adding at the end the following:

``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

    ``(a) Definitions.--In this section--
            ``(1) the term `attorney general' means the attorney 
        general or other chief law enforcement officer of a State, or 
        the designee thereof;
            ``(2) the term `intoxicating liquor' means any spirituous, 
        vinous, malted, fermented, or other intoxicating liquor of any 
        kind;
            ``(3) the term `person' means any individual and any 
        partnership, corporation, company, firm, society, association, 
        joint stock company, trust, or other entity capable of holding 
        a legal or beneficial interest in property, but does not 
        include a State or agency thereof; and
            ``(4) the term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or any territory or possession of the United States.
    ``(b) Action by State Attorney General.--If the attorney general of 
a State has reasonable cause to believe that a person is engaged in, is 
about to engage in, or has engaged in, any act that would constitute a 
violation of a State law regulating the importation or transportation 
of any intoxicating liquor, the attorney general may bring a civil 
action in accordance with this section for injunctive relief (including 
a preliminary or permanent injunction or other order) against the 
person, as the attorney general determines to be necessary to--
            ``(1) restrain the person from engaging, or continuing to 
        engage, in the violation; and
            ``(2) enforce compliance with the State law.
    ``(c) Federal Jurisdiction.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction over any action brought under this 
        section.
            ``(2) Venue.--An action under this section may be brought 
        only in accordance with section 1391 of title 28, United States 
        Code.
    ``(d) Requirements for Injunctions and Orders.--
            ``(1) In general.--In any action brought under this 
        section, upon a proper showing by the attorney general of the 
        State, the court shall issue a preliminary or permanent 
        injunction or other order without requiring the posting of a 
        bond.
            ``(2) Notice.--No preliminary or permanent injunction or 
        other order may be issued under paragraph (1) without notice to 
        the adverse party.
            ``(3) Form and scope of order.--Any preliminary or 
        permanent injunction or other order entered in an action 
        brought under this section shall--
                    ``(A) set forth the reasons for the issuance of the 
                order;
                    ``(B) be specific in terms;
                    ``(C) describe in reasonable detail, and not by 
                reference to the complaint or other document, the act 
                or acts to be restrained; and
                    ``(D) be binding only upon--
                            ``(i) the parties to the action and the 
                        officers, agents, employees, and attorneys of 
                        those parties; and
                            ``(ii) persons in active cooperation or 
                        participation with the parties to the action 
                        who receive actual notice of the order by 
                        personal service or otherwise.
    ``(e) Consolidation of Hearing With Trial on Merits.--
            ``(1) In general.--Before or after the commencement of a 
        hearing on an application for a preliminary or permanent 
        injunction or other order under this section, the court may 
        order the trial of the action on the merits to be advanced and 
        consolidated with the hearing on the application.
            ``(2) Admissibility of evidence.--If the court does not 
        order the consolidation of a trial on the merits with a hearing 
        on an application described in paragraph (1), any evidence 
        received upon an application for a preliminary or permanent 
        injunction or other order that would be admissible at the trial 
        on the merits shall become part of the record of the trial and 
        shall not be required to be received again at the trial.
    ``(f) No Right to Trial by Jury.--An action brought under this 
section shall be tried before the court.
    ``(g) Additional Remedies.--
            ``(1) In general.--A remedy under this section is in 
        addition to any other remedies provided by law.
            ``(2) State court proceedings.--Nothing in this section may 
        be construed to prohibit an authorized State official from 
        proceeding in State court on the basis of an alleged violation 
        of any State law.''.

                  TITLE V--PROTECTING VICTIMS OF CRIME

                       Subtitle A--Victims Rights

SEC. 5001. SHORT TITLE.

    This subtitle may be cited as the ``Victims Rights Act of 1999''.

                       CHAPTER 1--GENERAL REFORMS

SEC. 5101. VICTIM ALLOCUTION IN PRETRIAL DETENTION PROCEEDINGS.

    (a) Pending Trial.--Section 3141(a) of title 18, United States 
Code, is amended by striking ``A judicial'' and inserting ``After 
considering all relevant information, including the views of the 
victims, a judicial''.
    (b) Detention Hearing.--Section 3142(f) of title 18, United States 
Code, is amended by inserting before ``The facts the judicial officer 
uses'' the following: ``Each victim of the offense, if present in 
person or through counsel, shall be afforded an opportunity to address 
the court on the issue of detention, either in person or through 
counsel. A victim who, at the time of the hearing under this 
subsection, is incarcerated in any Federal, State, or local 
correctional or detention facility, shall not have the right to appear 
in person, but shall be afforded a reasonable opportunity to present 
views by alternate means.''.
    (c) Factors To Be Considered.--Section 3142(g) of title 18, United 
States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) the views of the victim; and''.
    (d) Right To Be Notified of Detention Hearing and Right To Be Heard 
on the Issue of Detention.--Section 3142 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(k) Notification of Right To Be Heard.--
            ``(1) In general.--Prior to any detention hearing scheduled 
        pursuant to subsection (f)--
                    ``(A) the Government shall make a reasonable effort 
                to notify the victim of the hearing, and of the right 
                of the victim to be heard on the issue of detention; 
                and
                    ``(B) at the hearing under subsection (f), the 
                court shall inquire of the Government as to whether the 
                efforts at notification of the victim under 
                subparagraph (A) were successful and, if so, whether 
                the victim wishes to be heard on the issue of detention 
                and, if so, shall afford the victim such an 
                opportunity.
            ``(2) Limitation.--Upon motion of either party that 
        identification of the defendant by the victim is a fact in 
        dispute, and that no means of verification has been attempted, 
        the Court shall use appropriate measures to protect the 
        integrity of the identification process.
            ``(3) Victim contact information.--With respect to any case 
        described in paragraph (1), the victim shall notify the 
        appropriate authority of an address or other means of contact 
        by which notification under this subsection may be made. The 
        confidentiality of any information relating to a victim shall 
        be maintained.''.

SEC. 5102. VICTIM DEFINED.

    Section 3156(a) of title 18, United States Code, is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) the term `victim'--
                    ``(A) means an individual harmed--
                            ``(i) as a result of a commission of an 
                        offense involving death or bodily injury to any 
                        person, a sexual assault, or an attempted 
                        sexual assault; or
                            ``(ii) by any fraud or misrepresentation 
                        relating to a sale or other tract for any item, 
                        benefit, product, or service; and
                    ``(B) includes--
                            ``(i) in the case of a victim who is less 
                        than 18 years of age or incompetent, the parent 
                        or legal guardian of the victim;
                            ``(ii) in the case of a victim who is 
                        deceased or incapacitated, 1 or more family 
                        members designated by the court; and
                            ``(iii) any other person appointed by the 
                        court to represent the victim, except that in 
                        no event shall a defendant be appointed as the 
                        representative or guardian of the victim.''.

SEC. 5103. RIGHT OF VICTIM TO SPEEDY TRIAL.

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

SEC. 5104. RIGHT OF VICTIM TO JUST SENTENCE.

    (a) In General.--Section 3553 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) the views of the victim if such views are presented 
        to the court;'';
            (2) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Victim's Right to Attendance and Allocution at Sentencing.--
            ``(1) Victim defined.--In this subsection, the term 
        `victim' has the meaning given the term in section 3156.
            ``(2) Right to attendance.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each victim of an offense shall have the right to be 
                present at the sentencing proceedings of a defendant 
                convicted of the offense conducted pursuant to this 
                chapter or chapter 228.
                    ``(B) Incarcerated victims.--A victim who, at the 
                time that the sentencing proceedings of a defendant are 
                conducted, is incarcerated in any Federal, State, or 
                local correctional or detention facility, shall not 
                have the right to appear in person at sentencing 
                proceedings of a defendant, but shall be afforded a 
                reasonable opportunity to present views by alternate 
                means.
            ``(3) Right to address court.--
                    ``(A) In general.--Subject to subparagraph (B), 
                before the imposition of sentence under this chapter, 
                each victim of the offense, if present in person or 
                through counsel, shall be afforded an opportunity to 
                address the court on the issue of sentencing, including 
                the presentation of--
                            ``(i) information relating to the extent 
                        and scope of the injury or loss suffered by the 
                        victim or the family of the victim as a result 
                        of the offense;
                            ``(ii) information relating to the impact 
                        of the offense on the victim or the family of 
                        the victim; and
                            ``(iii) recommendations regarding an 
                        appropriate sentence for the defendant, except 
                        that nothing in this clause may be construed to 
                        authorize the imposition of a sentence not 
                        otherwise authorized by law.
                    ``(B) Limitations.--The court may reasonably limit 
                the number of victims permitted to address the court 
                personally or through counsel under this paragraph, if 
                the court finds, from facts on the record, that the 
                number of victims is so large that affording each 
                victim an opportunity to address the court would--
                            ``(i) amount to cumulative victim impact 
                        information; and
                            ``(ii) prolong the sentencing process to 
                        the degree that the need to permit each victim 
                        an opportunity to address the court is 
                        substantially outweighed by the burden on the 
                        sentencing process.
            ``(4) Submission of written statement.--A victim, whether 
        or not present in person or through counsel at a sentencing 
        proceeding, may provide the court a written statement, which 
        may include any information or recommendations described in 
        paragraph (2)(A), in addition to or in lieu of addressing the 
        court under that paragraph. A victim not permitted to address 
        the court under paragraph (2)(B) shall have the right to 
        provide a written statement under this paragraph.
            ``(5) Failure to attend trial.--The attendance of the 
        victim at all or part of, or testimony during, the trial of the 
        defendant shall not be construed to prevent a victim from 
        exercising the right to attend sentencing or address the court 
        or to otherwise present to the court information pursuant to 
        this subsection.
            ``(6) Testimony.--No oral statement made or written 
        statement submitted under this subsection shall be considered 
        to be testimony under any other provision of law.
            ``(7) Notice.--The court shall provide reasonable notice to 
        each victim of the right to attend and address the court or 
        otherwise present to the court information pursuant to this 
        subsection, including notice of the scheduled date, time, and 
        place of the sentencing hearing. Notice under this 
paragraph may be consolidated with the notice under section 3664(d)(2).
    (b) Hearing Before a Court or Jury.--Section 3593(b) of title 18, 
United States Code, is amended by adding at the end the following: 
``The provisions of section 3553(b), relating to attendance and 
allocation by victims, shall apply to hearings under this 
subsection.''.
    (c) Rules of Criminal Procedure.--Pursuant to chapter 131 title 28, 
United States Code, the Supreme Court may prescribe amendments to rules 
of criminal procedure, consistent with this section and the amendments 
made by this section.

SEC. 5105. RIGHT OF VICTIM TO NOTICE OF RELEASE OR ESCAPE.

    (a) In General.--Section 3621(a) of title 18, United States Code, 
is amended by adding at the end the following: ``Notice of commitment 
shall be provided to each victim of the offense for which the person is 
committed under this subsection.''.
    (b) Notice of Incarceration or Release.--
            (1) In general.--Chapter 229 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 3627. Notice to victims of incarceration or release of 
              defendants
    ``(a) In General.--The Bureau of Prisons shall ensure that 
reasonable notice is provided to each victim of an offense for which a 
person is imprisoned pursuant to this subchapter--
            ``(1) not less than 30 days before such the release of that 
        person under section 3624, assignment of that person to pre-
        release custody section 3624(c), or transfer of that person 
        under section 3623;
            ``(2) not less than 10 days before the temporary release of 
        that person under section 3622;
            ``(3) not less than 12 hours after discovery that such 
        person has escaped;
            ``(4) not less than 12 hours after the return to custody of 
        such person after an escape; and
            ``(5) at such other times as is reasonable before any other 
        form of release of that person as may occur.
    ``(b) Applicability.--This section applies to any escape, work 
release, furlough, or any other form of release from a psychiatric 
institution or other facility that provides mental or other health 
services to persons in the custody of the Bureau of Prisons.
    ``(c) Victim Contact Information.--It shall be the responsibility 
of a victim to notify the Bureau of Prisons, by means of a form to be 
provided by the Attorney General, of any change in the mailing address 
of the victim, or other means of contacting the victim, while the 
defendant is subject to imprisonment. The Bureau of Prisons shall 
ensure the confidentiality of any information relating to a victim.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 229 of title 18, United States Code, is amended by 
        adding at the end the following:

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

SEC. 5106. RIGHTS OF VICTIMS IN PLEA AGREEMENTS.

    (a) In General.--Rule 11 of the Federal Rules of Criminal Procedure 
is amended--
            (1) in subdivision (e)--
                    (A) in paragraph (1), by striking the last sentence 
                and inserting the following: ``To the extent 
                practicable, and subject to the provisions of 
                subdivision (i)(3), the attorney for the government 
                shall consult with the victims of all offenses 
                chargeable to the defendant regarding any agreement 
                with the defendant. The attorney for the government may 
                impose, and request the court to enforce, such 
                confidentiality requirements on the victim relating to 
                discussions under this paragraph as the attorney for 
                the government deems appropriate. Except as provided by 
                subdivision (i)(4), the court shall not participate in 
                any discussions under this paragraph.''; and
                    (B) in paragraph (2), by adding at the end the 
                following: ``In determining whether to accept or reject 
                the agreement, the court shall consider the views of 
                the victim provided pursuant to subdivision (i), giving 
                to such views weight as the court determines to be 
                appropriate.''; and
            (2) by adding at the end the following:
    ``(i) Rights of Victims.--
            ``(1) Victim defined.--In this rule, the term `victim' has 
        the meaning given the term in section 3156 of title 18, United 
        States Code.
            ``(2) Notification of plea agreement hearings.--The 
        Government, before a hearing at which a plea of guilty or nolo 
        contendere is entered, shall, except as provided in paragraph 
        (4), make reasonable efforts to notify the victim of--
                    ``(A) the date and time of the hearing;
                    ``(B) the elements of the proposed plea or plea 
                agreement; and
                    ``(C) the right of the victim to attend the 
                hearing, and, if present, to address the court 
                personally or through counsel on the views of the 
                victim on the proposed plea or plea agreement.
            ``(3) Opportunity to be heard on plea agreement.--If the 
        victim attends a hearing described in paragraph (2), the court, 
        before accepting a plea of guilty or nolo contendere, shall 
        afford the victim, either personally or through counsel, an 
        opportunity to be heard on the proposed plea or plea agreement.
            ``(4) Written statement.--A victim, whether or not present 
        in person or through counsel, may provide the court a written 
        statement of the views of the victims regarding a proposed plea 
        or plea agreement in addition to or in lieu of addressing the 
        court.
            ``(5) Exceptions.--Notwithstanding any other provision of 
        this subdivision--
                    ``(A) in any case in which a victim is a defendant 
                in the same or related case, or in which the Government 
                certifies to the court under seal that affording such 
victim any right provided under this rule will jeopardize an ongoing 
investigation, the victim shall not have such right;
                    ``(B) a victim who, at the time of discussions 
                under subdivision (e) or a hearing under this 
                subdivision, is incarcerated in any Federal, State, or 
                local correctional or detention facility, shall not 
                have the right to appear in person, but, subject to 
                subparagraph (A), shall be afforded a reasonable 
                opportunity to present views or participate by 
                alternative means; and
                    ``(C) in any case involving more than 15 victims, 
                the court, after consultation with the Government and 
                the victims, may appoint a number of victims to 
                represent the interests of the victims, except that all 
                victims shall retain the right to submit a written 
                statement under paragraph (4).
            ``(6) Victim contact information.--It shall be the 
        responsibility of a victim to notify the attorney for the 
        government of an address or other sufficient means by which a 
        notification required by this subsection may be made. The 
        attorney for the government shall ensure the confidentiality of 
        any information relating to a victim.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims--
                            (i) to be consulted by the attorney for the 
                        government during plea negotiations;
                            (ii) to provide to the court views on the 
                        issue of whether or not the court should accept 
                        a plea of guilty or nolo contendere; and
                            (iii) to have such views considered by the 
                        court.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) shall become effective 
                30 days after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendment made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendment made by subsection (a) shall become effective 
                360 days after the date of enactment of this Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 5107. RIGHT OF VICTIM TO PARTICIPATE IN SENTENCE ADJUSTMENT 
              HEARINGS.

    (a) Revocation of Probation.--Section 3564 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(f) Applicability of Victims Rights.--The provisions of section 
3553(b) shall apply to proceedings under this section.''.
    (b) Supervised Release.--Section 3583 of title 18, United States 
Code, is amended--
            (1) in subsection (c), by striking ``and (a)(6)'' and 
        inserting ``(a)(6), and (a)(7)''; and
            (2) by adding at the end the following:
    ``(j) Applicability of Victims Rights.--The provisions of section 
3553(b) shall apply to proceedings under this section.''.
    (c) Effect of Default.--Section 3613A(b)(1) of title 18, United 
States Code, is amended by adding at the end the following: ``The 
provisions of section 3553(b) shall apply to any such hearing.''.
    (d) Resentencing Upon Failure To Pay a Fine or Restitution.--
Section 3614 of title 18, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Applicability of Victims Rights.--The provisions of section 
3553(b) shall apply to any proceeding under this section.''.

SEC. 5108. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

    Section 3510 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``make a statement'' and 
        all that follows before the period at the end and inserting 
        ``present information or otherwise participate in accordance 
        with section 3553(b)'';
            (2) in subsection (b), by inserting before the period at 
        the end following: ``, or present information or otherwise 
        participate in accordance with section 3553(b)'';
            (3) in subsection (c), by striking ``includes'' and all 
        that follows before the period at the end and inserting ``has 
        the meaning given the term in section 3156''; and
            (4) by adding at the end the following:
    ``(d) Application to Televised Proceedings.--This section applies 
to victims viewing proceedings pursuant to--
            ``(1) section 235 of the Antiterrorism and Effective Death 
        Penalty Act of 1996; or
            ``(2) any rule issued pursuant to section 235(g) of the 
        Antiterrorism and Effective Death Penalty Act of 1996.''.
    (b) Prohibition on Exclusion.--Section 235 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (42 U.S.C. 10608) is amended--
            (1) in subsection (b)(2), by adding at the end the 
        following: ``The intention of a victim to present information 
        or otherwise participate in a sentencing proceeding in 
        accordance with sections 3553(b) or 3593 shall not be grounds 
        to exclude a victim under this paragraph.''; and
            (2) in subsection (f)--
                    (A) by striking ``As used in'' and inserting
            ``(1) State.--In''; and
                    (B) by adding at the end the following:
            ``(2) Victim.--In this section, the term `victim' has the 
        meaning given the term in section 3156 of title 18, United 
        States Code.''.
    (c) Pursuant to chapter 131 of title 28, United States Code, the 
Supreme Court may issue rules, or amend existing rules, to conform to 
the requirements of this section.
    (d) Victim and Witness Protection Act.--Section 502 of the Victim 
and Witness Protection Act (42 U.S.C. 10606) is amended--
            (1) in paragraph (4), by adding at the end the following: 
        ``For purposes of this paragraph, victim statements at 
        sentencing, other information presented by or on behalf of a 
        victim at sentencing, and other victim participation in 
        accordance with section 3553(b) of title 18, United States 
        Code, shall not be considered to be testimony.''; and
            (2) in paragraph (5), by striking ``attorney'' and 
        inserting ``the attorney''.

SEC. 5109. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME 
              VICTIMS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Victims of Crime.
            (2) Office.--The term ``Office'' means the Office of 
        Victims of Crime.
            (3) Qualified private entity.--The term ``qualified private 
        entity'' means a private entity that meets such requirements as 
        the Attorney General, acting through the Director, may 
        establish.
            (4) Qualified unit of state or local government.--The term 
        ``qualified unit of State or local government'' means a unit of 
        a State or local government that meets such requirements as the 
        Attorney General, acting through the Director, may establish.
            (5) Voice centers.--The term ``VOICE Centers'' means the 
        Victim Ombudsman Information Centers established under the 
        program under subsection (b).
    (b) Pilot Programs.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director, shall establish and carry out a program to provide 
        for pilot programs to establish and operate Victim Ombudsman 
        Information Centers in each of the following States:
                    (A) Ohio.
                    (B) South Carolina.
                    (C) Minnesota.
                    (D) Michigan.
                    (E) Utah.
                    (F) Arizona.
                    (G) Oklahoma.
                    (H) Mississippi.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a qualified private entity or unit of State or 
                local government to conduct a pilot program referred to 
                in paragraph (1). Under the agreement, the Attorney 
                General, acting through the Director, shall provide for 
                a grant to assist the qualified private entity or unit 
                of State or local government in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the VOICE Center shall be established 
                        in accordance with this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a VOICE 
Center under this section (including the applicable reporting duties 
under subsection (c) and the terms of the agreement) each VOICE Center 
shall operate independently of the Office.
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a VOICE Center.
    (c) Objectives.--
            (1) Mission.--The mission of each VOICE Center established 
        under a pilot program under this section shall be to assist a 
        victim of a Federal or State crime to ensure that the victim--
                    (A) is fully apprised of the rights of that victim 
                under applicable Federal or State law; and
                    (B) is provided the opportunity to participate in 
                the criminal justice process to the fullest extent of 
                the law.
            (2) Duties.--The duties of a VOICE Center shall include--
                    (A) providing information to victims of Federal or 
                State crime regarding the right of those victims to 
                participate in the criminal justice process (including 
                information concerning any right that exists under 
                applicable Federal or State law);
                    (B) identifying and responding to situations in 
                which the rights of victims of crime under applicable 
                Federal or State law may have been violated;
                    (C) attempting to facilitate compliance with 
                Federal or State law referred to in subparagraph (B);
                    (D) educating police, prosecutors, Federal and 
                State judges, officers of the court, and employees of 
                jails and prisons concerning the rights of victims 
                under applicable Federal or State law; and
                    (E) taking measures that are necessary to ensure 
                that victims of crime are treated with fairness, 
                dignity, and compassion throughout the criminal justice 
                process.
    (d) Oversight.--
            (1) Technical assistance.--The Office may provide technical 
        assistance to each VOICE Center.
            (2) Annual report.--Each qualified private entity or 
        qualified unit of State or local government that carries out a 
        pilot program to establish and operate a VOICE Center under 
        this section shall prepare and submit to the Director, not 
        later than 1 year after the VOICE Center is established, and 
        annually thereafter, a report that--
                    (A) describes in detail the activities of the VOICE 
                Center during the preceding year; and
                    (B) outlines a strategic plan for the year 
                following the year covered under subparagraph (A).
    (e) Review of Program Effectiveness.--
            (1) GAO study.--Not later than 2 years after the date on 
        which each VOICE Center established under a pilot program under 
        this section is fully operational, the Comptroller General of 
        the United States shall conduct a review of each pilot program 
        carried out under this section to determine the effectiveness 
        of the VOICE Center that is the subject of the pilot program in 
        carrying out the mission and duties described in subsection 
        (c).
            (2) Other studies.--Not later than 2 years after the date 
        on which each VOICE Center established under a pilot program 
        under this section is fully operational, the Attorney General, 
        acting through the Director, shall enter into an agreement with 
        1 or more private entities that meet such requirements that the 
        Attorney General, acting through the Director, may establish, 
        to study the effectiveness of each VOICE Center established by 
        a pilot program under this section in carrying out the mission 
        and duties described in subsection (c).
    (f) Termination Date.--
            (1) In general.--Except as provided in paragraph (2), a 
        pilot program established under this section shall terminate on 
        the date that is 4 years after the date of enactment of this 
        Act.
            (2) Renewal.--If the Attorney General determines that any 
        of the pilot programs established under this section should be 
        renewed for an additional period, the Attorney General may 
        renew that pilot program for a period not to exceed 2 years.
    (g) Funding.--Notwithstanding any other provision of law, an 
aggregate amount not to exceed $5,000,000 of the amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act''), may be used by the 
Director to make grants under subsection (b).

SEC. 5110. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) any gifts, bequests, or donations from private 
        entities or individuals.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) All unobligated balances transferred to the judicial 
        branch for administrative costs to carry out functions under 
        sections 3611 and 3612 of title 18, United States Code, shall 
        be returned to the Crime Victims Fund and may be used by the 
        Director to improve services for crime victims in the Federal 
        criminal justice system.''; and
                    (B) in paragraph (4), by adding at the end the 
                following:
            ``(C) States that receive supplemental funding to respond 
        to incidents or terrorism or mass violence under this section 
        shall be required to return to the Crime Victims Fund for 
        deposit in the reserve fund, amounts subrogated to the State as 
        a result of third-party payments to victims.''.
    (b) Crime Victim Compensation.--Section 1403 of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602) is amended--
            (1) in subsection (a)--
                    (A) in each of paragraphs (1) and (2), by striking 
                ``40'' and inserting ``60''; and
                    (B) in paragraph (3), by inserting ``and 
                evaluation'' after ``administration''; and
            (2) in subsection (b)(7), by inserting ``because the 
        identity of the offender was not determined beyond a reasonable 
        doubt in a criminal trial, because criminal charges were not 
        brought against the offender, or'' after ``deny compensation to 
        any victim''.
    (c) Crime Victim Assistance.--Section 1404 of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or enter into 
                        cooperative agreements'' after ``make grants'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) for demonstration projects, evaluation, 
                training, and technical assistance services to eligible 
                organizations;'';
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) training and technical assistance that 
                address the significance of and effective delivery 
                strategies for providing long-term psychological 
                care.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) use funds made available to the Director 
                under this subsection--
                            ``(i) for fellowships and clinical 
                        internships; and
                            ``(ii) to carry out programs of training 
                        and special workshops for the presentation and 
                        dissemination of information resulting from 
                        demonstrations, surveys, and special 
                        projects.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) the term `State' includes--
                    ``(A) the District of Columbia, the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, and any 
                other territory or possession of the United States; and
                    ``(B) for purposes of a subgrant under subsection 
                (a)(1) or a grant or cooperative agreement under 
                subsection (c)(1), the United States Virgin Islands and 
                any agency of the Government of the District of 
                Columbia or the Federal Government performing law 
                enforcement functions in and on behalf of the District 
                of Columbia.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        semicolon and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) public awareness and education and crime 
                prevention activities that promote, and are conducted 
                in conjunction with, the provision of victim 
                assistance; and
                    ``(F) for purposes of an award under subsection 
                (c)(1)(A), preparation, publication, and distribution 
                of informational materials and resources for victims of 
                crime and crime victims organizations.'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) the term `crisis intervention services' means 
        counseling and emotional support including mental health 
        counseling, provided as a result of crisis situations for 
        individuals, couples, or family members following and related 
        to the occurrence of crime;'';
                    (D) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(6) for purposes of an award under subsection (c)(1), the 
        term `eligible organization' includes any--
                    ``(A) national or State organization with a 
                commitment to developing, implementing, evaluating, or 
                enforcing victims' rights and the delivery of services;
                    ``(B) State agency or unit of local government;
                    ``(C) tribal organization;
                    ``(D) organization--
                            ``(i) described in section 501(c) of the 
                        Internal Revenue Code of 1986; and
                            ``(ii) exempt from taxation under section 
                        501(a) of such Code; or
                    ``(E) other entity that the Director determines to 
                be appropriate.''.
    (d) Compensation and Assistance to Victims of Terrorism of Mass 
Violence.--Section 1404B of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b) is amended--
            (1) in subsection (a), by striking ``1404(a)'' and 
        inserting ``1402(d)(4)(B)''; and
            (2) in subsection (b), by striking ``1404(d)(4)(B)'' and 
        inserting ``1402(d)(4)(B)''.

               CHAPTER 2--VICTIM RESTITUTION ENFORCEMENT

SEC. 5121. SHORT TITLE.

    This chapter may be cited as the ``Victim Restitution Enforcement 
Act of 1999''.

SEC. 5122. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION ORDER.

    Section 3664 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3664. Procedure for issuance and enforcement of order of 
              restitution
    ``(a) In General.--
            ``(1) Reliance on information in presentence report.--With 
        respect to each order of restitution under this title, the 
        court shall order the probation service of the court to obtain 
        and include in its presentence report, or in a separate report, 
        as the court directs, information sufficient for the court to 
        exercise its discretion in fashioning a restitution order.
            ``(2) Contents of report.--Each report described in 
        paragraph (1) shall include, to the extent practicable, a 
        complete accounting of the losses to each victim, any 
        restitution owed pursuant to a plea agreement, and information 
        relating to the economic circumstances of each defendant. If 
        the number or identity of victims cannot be reasonably 
        ascertained, or other circumstances exist that make this 
        requirement clearly impracticable, the probation service shall 
        so inform the court.
    ``(b) Disclosures.--The court shall disclose to both the defendant 
and the attorney for the Government all portions of the presentence or 
other report pertaining to the matters described in subsection (a).
    ``(c) Applicability of Other Law.--This chapter, chapter 227, and 
Rule 32(c) of the Federal Rules of Criminal Procedure are the only laws 
and rules applicable to proceedings under this section.
    ``(d) Ensuring Availability of Property or Assets.--
            ``(1) In general.--
                    ``(A) Restraining order, injunction, execution of 
                performance bond.--Upon application of the United 
                States, the court may enter a restraining order or 
                injunction, require the execution of a satisfactory 
                performance bond, or take any other action to preserve 
                the availability of property or assets necessary to 
                satisfy a criminal restitution order under this 
                subchapter. An order under this subparagraph may be 
                entered in the following circumstances:
                            ``(i) Prior to the filing of an indictment 
                        or information charging an offense that may 
                        result in a criminal restitution order, and 
                        upon the United States showing that--
                                    ``(I) there is a substantial 
                                probability that the United States will 
                                obtain a criminal restitution order;
                                    ``(II) the defendant has or is 
                                likely to take action to dissipate or 
                                hide the property or assets of the 
                                defendant; and
                                    ``(III) the need to preserve the 
                                availability of the property or assets 
                                through the requested order outweighs 
                                the hardship of any party against whom 
                                the order is entered.
                            ``(ii) Upon the filing of an indictment or 
                        information charging an offense that may result 
                        in a criminal restitution order, and upon the 
                        United States showing that the defendant has or 
                        is likely to take action to dissipate or hide 
                        the property or assets of the defendant.
                            ``(iii) Upon the conviction, or entry of a 
                        guilty plea, to an indictment or information 
                        charging an offense that may result in a 
                        criminal restitution order, and upon the United 
                        States showing that the defendant may take 
                        action to dissipate or hide the property or 
                        assets of the defendant or that an order is 
                        necessary to marshal and determine the property 
                        or assets of the defendant.
                    ``(B) Period of effectiveness.--An order entered 
                under subparagraph (A) shall be effective for not more 
                than 90 days, unless extended by the court for good 
                cause shown or unless an indictment or information 
                described in subparagraph (A)(ii) has been filed.
            ``(2) Notice of order.--
                    ``(A) In general.--Except as provided in paragraph 
                (3), an order entered under this subsection shall be 
                after notice to persons appearing to have an interest 
                in the property and opportunity for a hearing, and upon 
                the United States carrying the burden of proof by a 
                preponderance of the evidence.
                    ``(B) Admissible evidence.--The court may receive 
                and consider, at a hearing held under this subsection, 
                evidence and information that would be inadmissible 
                under the Federal Rules of Evidence.
            ``(3) Temporary restraining order.--
                    ``(A) In general.--A temporary restraining order 
                may be entered without notice or opportunity for a 
                hearing if the United States demonstrates that--
                            ``(i) there is probable cause to believe 
                        that the property or assets with respect to 
                        which the order is sought would be subject to 
                        execution upon the entry of a criminal 
                        restitution order;
                            ``(ii) there is a substantial probability 
                        that the United States will obtain a criminal 
                        restitution order; and
                            ``(iii) the provision of notice would 
                        jeopardize the availability of the property or 
                        assets for execution.
                    ``(B) Expiration of order.--A temporary order under 
                this paragraph shall expire not later than 10 days 
                after the date on which it is entered, unless--
                            ``(i) the court grants an extension for 
                        good cause shown; or
                            ``(ii) the party against whom the order is 
                        entered consents to an extension for a longer 
                        period.
                    ``(C) Hearing.--A hearing requested concerning an 
                order entered under this paragraph shall be held at the 
                earliest possible time, and prior to the expiration of 
                the temporary order.
            ``(4) Disclosure of certain information.--
                    ``(A) In general.--Information concerning the net 
                worth, financial affairs, transactions or interests of 
                the defendant presented to the grand jury may be 
                disclosed to an attorney for the Government assisting 
                in the enforcement of criminal restitution orders, for 
                use in the performance of the duties of that attorney.
                    ``(B) Use of consumer credit reports.--
                            ``(i) In general.--An attorney for the 
                        Government responsible for the prosecution of 
                        criminal offenses, or responsible for the 
                        enforcement of criminal restitution orders, may 
                        obtain and use consumer credit reports to--
                                    ``(I) obtain an order under this 
                                section;
                                    ``(II) determine the amount of 
                                restitution that is appropriate; or
                                    ``(III) enforce a criminal 
                                restitution order.
                            ``(ii) Grand jury subpoena.--This 
                        subparagraph does not limit the availability of 
                        grand jury subpoenas to obtain a consumer 
                        credit report.
                            ``(iii) Probation service.--Upon 
                        conviction, a consumer credit report used under 
                        this subparagraph may be furnished to the 
                        United States Probation Service.
    ``(e) Information to Probation Service.--
            ``(1) In general.--
                    ``(A) Provision of information by government.--Not 
                later than 60 days after conviction, and in any event 
                not later than 10 days prior to sentencing, the 
                attorney for the Government after consulting with all 
                victims (when practicable), shall promptly provide the 
                probation service of the court all information readily 
                available to the attorney, including matters occurring 
                before the grand jury relating to the identity of the 
                victim or victims, the amount of losses, and financial 
                matters relating to the defendant.
                    ``(B) Provision of information by defendants.--Each 
                defendant shall prepare and file with the probation 
                officer an affidavit fully describing the financial 
                resources of the defendant, including a complete 
                listing of all assets owned or controlled by the 
                defendant as of the date on which the defendant was 
                arrested, the financial needs and earning ability of 
                the defendant and the defendant's dependents, and any 
                other information that the court requires relating to 
                such other factors as the court determines to be 
                appropriate.
                    ``(C) Notice to victims.--The attorney for the 
                Government shall, to the maximum extent practicable and 
                as soon as practicable after the provision of 
                information by the Government to the probation service 
under subparagraph (A), provide notice to all victims. The notice shall 
inform the victims of--
                            ``(i) the offenses for which the defendant 
                        was convicted;
                            ``(ii) the amounts subject to restitution 
                        and any other information that is relevant to 
                        restitution submitted to the probation service;
                            ``(iii) the right of the victim to submit 
                        information to the probation service concerning 
                        the amount of the losses of the victim;
                            ``(iv) the scheduled date, time, and place 
                        of the sentencing hearing;
                            ``(v) the availability of a lien in favor 
                        of the victim under subsection (n)(1)(D); and
                            ``(vi) the opportunity of the victim to 
                        file a separate affidavit with the court under 
                        subparagraph (E).
                    ``(D) Limitations on information.--Upon ex parte 
                application to the court, and a showing that the 
                requirements of subparagraph (A) may cause harm to any 
                victim, or jeopardize an ongoing investigation, the 
                court may limit the information to be provided to or 
                sought by the probation service of the court.
                    ``(E) Affidavit of objection.--If any victim 
                objects to any of the information provided to the 
                probation service by the attorney for the Government 
                under this paragraph, the victim may file a separate 
                affidavit with the court.
            ``(2) Additional documentation or testimony.--After 
        reviewing the report of the probation service of the court, the 
        court may require additional documentation or hear testimony. 
        The privacy of any records filed, or testimony heard, under 
        this section shall be maintained to the greatest extent 
        possible and those records may be filed or testimony heard in 
        camera.
            ``(3) Additional time for determination of losses.--If the 
        losses to the victim are not ascertainable by the date that is 
        10 days prior to sentencing as provided in paragraph (1), the 
        United States Attorney (or a designee of the United States 
        Attorney) shall so inform the court, and the court shall set a 
        date for the final determination of the losses of the victim, 
        not to exceed 90 days after sentencing. If the losses to the 
        victim cannot reasonably be ascertained, the court shall 
        determine an appropriate amount of restitution based on the 
        available information. If the victim subsequently discovers 
        further losses, the victim shall have 60 days after discovery 
        of those losses during which to petition the court for an 
        amended restitution order. The order may be granted only upon a 
        showing of good cause for the failure to include those losses 
        in the initial claim for restitutionary relief.
            ``(4) Referral to magistrate or special master.--The court 
        may refer any issue arising in connection with a proposed order 
        of restitution to a magistrate or special master for proposed 
        findings of fact and recommendations as to disposition, subject 
        to a de novo determination of the issue by the court.
            ``(5) Insurance of victim not considered.--In no case shall 
        the fact that a victim has received or is entitled to receive 
        compensation with respect to a loss from insurance or any other 
        source be considered in determining the amount of restitution.
    ``(f) Evidentiary Standard.--Any dispute as to the proper amount or 
type of restitution shall be resolved by the court by the preponderance 
of the evidence. The burden of demonstrating the amount of the loss 
sustained by a victim as a result of the offense shall be on the 
attorney for the Government. The burden of demonstrating the financial 
resources of the defendant and the financial needs of the defendant and 
the dependents of the defendant shall be on the defendant. The burden 
of demonstrating such other matters as the court deems appropriate 
shall be upon the party designated by the court as justice requires.
    ``(g) Factors for Consideration.--
            ``(1) In general.--
                    ``(A) Economic circumstances of victim not 
                considered.--In each order of restitution, the court 
                shall order restitution to each victim in the full 
                amount of the losses of each victim as determined by 
                the court and without consideration of the economic 
                circumstances of the defendant.
                    ``(B) Award of reasonably ascertainable losses.--
                The court shall order restitution in the amount of the 
                total loss that is reasonably ascertainable, if--
                            ``(i) the number of victims is too great;
                            ``(ii) the actual identity of the victims 
                        cannot be ascertained; and
                            ``(iii) or the full amount of the losses of 
                        each victim cannot be reasonably ascertained;
            ``(2) Amount and timing of restitution.--The restitution 
        order shall be for a sum certain and payable immediately.
            ``(3) Nominal periodic payments.--If the court finds from 
        facts on the record that the economic circumstances of the 
        defendant do not allow and are not likely to allow the 
        defendant to make more than nominal payments under the 
        restitution order, the court shall direct the defendant to make 
        nominal periodic payments in the amount the defendant can 
        reasonably be expected to pay by making a diligent and bona 
        fide effort toward the restitution order entered under 
        paragraph (1). Nothing in the paragraph shall impair the 
        obligation of the defendant to make full restitution under this 
        subsection.
            ``(4) Status of debt.--Notwithstanding any payment schedule 
        entered by the court under paragraph (2), each order of 
        restitution shall be a civil debt, payable immediately, and 
        subject to the enforcement procedures provided in subsection 
        (n). In no event shall a defendant incur any criminal penalty 
        for failure to make a restitution payment under the restitution 
        order because of the indigence of the defendant.
    ``(h) Victim Rights.--
            ``(1) No participation required.--No victim shall be 
        required to participate in any phase of a restitution order. If 
        a victim declines to receive restitution made mandatory by this 
        title, the court shall order that the share of the victim of 
        any restitution owed be deposited in the Crime Victims Fund in 
        the Treasury.
            ``(2) Assignment of interest.--A victim may at any time 
        assign the interest of the victim in restitution payments to 
        the Crime Victims Fund in the Treasury without in any way 
        impairing the obligation of the defendant to make those 
        payments.
            ``(3) Victims not identified or located.--If the victim 
        cannot be located or identified, the court shall direct that 
        the restitution payments be made to the Crime Victims Fund of 
        the Treasury. This paragraph shall not be construed to impair 
        the obligation of the defendant to make those payments.
    ``(i) Joint and Several Liability of Multiple Defendants.--If the 
court finds that more than 1 defendant has contributed to the loss of a 
victim, the court may make each defendant jointly and severally liable 
for payment of the full amount of restitution or may apportion 
liability among the defendants to reflect the level of contribution to 
the loss of the victim and economic circumstances of each defendant.
    ``(j) Priority of Payments.--If the court finds that more than 1 
victim has sustained a loss requiring restitution by a defendant, the 
court may issue an order of priority for restitution payments based on 
the type and amount of the loss of the victim accounting for the 
economic circumstances of each victim. In any case in which the United 
States is a victim, the court shall ensure that all individual victims 
receive full restitution before the United States receives any 
restitution.
    ``(k) Insurance.--
            ``(1) In general.--If a victim has received or is entitled 
        to receive compensation with respect to a loss from insurance 
        or any other source, the court shall order that restitution 
        shall be paid to the person who provided or is obligated to 
        provide the compensation, but the restitution order shall 
        provide that all restitution of victims required by the order 
        be paid to the victims before any restitution is paid to any 
        such provider of compensation.
            ``(2) Reduction of amount.--Any amount paid to a victim 
        under an order of restitution shall be reduced by any amount 
        later recovered as compensatory damages for the same loss by 
        the victim in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
            ``(3) Other resources.--If a person obligated to provide 
        restitution receives substantial resources from any source, 
        including inheritance, settlement, or other judgment, that 
        person shall be required to apply the value of those resources 
        to any restitution still owed.
    ``(l) Material Changes in Economic Status of Defendant.--The 
defendant shall notify the court and the Attorney General of any 
material change in the economic circumstances of the defendant that 
might affect the ability of the defendant to pay restitution. Upon 
receipt of the notification, the court may, on its own motion, or the 
motion of any party, including the victim, adjust the payment schedule, 
or require immediate payment in full, as the interests of justice 
require.
    ``(m) Jurisdiction of Court.--
            ``(1) In general.--The court shall retain jurisdiction over 
        any criminal restitution judgment or amended criminal 
        restitution judgment for a period of 5 years from the date the 
        sentence was imposed. This limitation shall be tolled during 
        any period of time that the defendant--
                    ``(A) was incarcerated;
                    ``(B) was a fugitive; or
                    ``(C) was granted a stay that prevented the 
                enforcement of the restitution order.
            ``(2) Failure to pay.--While within the jurisdiction of the 
        court, if the defendant knowingly fails to make a bona fide 
        effort to pay whatever amount of restitution is ordered by the 
        court, or knowingly and willfully refuses to pay restitution, 
        the court may--
                    ``(A) modify the terms or conditions of the 
                probation or supervised release of the defendant;
                    ``(B) extend the probation or supervised release of 
                the defendant until a date not later than 10 years from 
                the date the sentence was imposed;
                    ``(C) revoke the probation or supervised release of 
                the defendant;
                    ``(D) hold the defendant in contempt; or
                    ``(E) increase the sentence of the defendant to any 
                sentence that might originally have been imposed under 
                the applicable statute, without regard to the 
                sentencing guidelines.
    ``(n) Enforcement of Order of Restitution.--
            ``(1) In general.--An order of restitution may be 
        enforced--
                    ``(A) through civil or administrative methods 
                during the period that the restitution lien provided 
                for in section 3613 of title 18, United States Code, is 
                enforceable;
                    ``(B) by the United States in the manner provided 
                for in subchapter C of chapter 227 and subchapter B of 
                chapter 229;
                    ``(C) by the United States regardless of whether 
                for the benefit of the United States, in accordance 
                with the procedures of chapter 176 of part VI of title 
                28, or in accordance with any other administrative or 
                civil enforcement means available to the United States 
                to enforce a debt due the United States; or
                    ``(D) by any victim named in the restitution order 
                as a lien under section 1962 of title 28.
            ``(2) Estoppel.--A conviction of a defendant for an offense 
        giving rise to restitution under this section shall estop the 
        defendant from denying the essential allegations of that 
        offense in any subsequent Federal civil proceeding or State 
        civil proceeding, regardless of any State law precluding 
        estoppel for a lack of mutuality. The victim, in the subsequent 
        proceeding, shall not be precluded from establishing a loss 
        that is greater than the loss determined by the court in the 
        earlier criminal proceeding.''.

SEC. 5123. CIVIL REMEDIES.

    Section 3613 of title 18, United States Code, is amended--
            (1) in the section heading, by inserting ``or restitution'' 
        after ``fine''; and
            (2) in subsection (a)--
                    (A) by striking ``The United States'' and inserting 
                the following:
            ``(1) Fines.--The United States'';
                    (B) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively, and 
                indenting each subparagraph accordingly; and
                    (C) by adding at the end the following:
            ``(2) Restitution.--
                    ``(A) In general.--
                            ``(i) Lien.--An order of restitution shall 
                        operate as a lien in favor of the United States 
                        for its benefit or for the benefit of any non-
                        Federal victims against all property belonging 
                        to the defendant or defendants.
                            ``(ii) Timing.--The lien shall arise at the 
                        time of the entry of judgment or order and 
                        shall continue until the liability is 
                        satisfied, remitted, or set aside, or until it 
                        becomes otherwise unenforceable.
                            ``(iii) Persons against whom lien 
                        applies.--The lien shall apply against all 
                        property and property interests--
                                    ``(I) owned by the defendant or 
                                defendants at the time of arrest; and
                                    ``(II) subsequently acquired by the 
                                defendant or defendants.
                    ``(B) Entry of lien.--The lien shall be entered in 
                the name of the United States on behalf of all 
                ascertained victims, unascertained victims, victims 
                entitled to restitution who choose not to participate 
                in the restitution program and victims entitled to 
                restitution who cannot assert their interests in the 
                lien for any reason.
            ``(3) Jointly held property.--
                    ``(A) In general.--
                            ``(i) Division and sale of property.--If 
                        the court enforcing an order of restitution 
                        under this section determines that the 
                        defendant has an interest in property with 
                        another, and that the defendant cannot satisfy 
                        the restitution order from his or her separate 
                        property or income, the court may, after 
                        considering all of the equities, order that 
                        jointly owned property be divided and sold, 
                        upon such conditions as the court deems just, 
                        notwithstanding any Federal or State law to the 
                        contrary.
                            ``(ii) Protection of innocent parties.--The 
                        court shall take care to protect the reasonable 
                        and legitimate interests of the innocent spouse 
                        and minor children of the defendant, especially 
                        real property used as the actual home of that 
                        innocent spouse and minor children, except to 
                        the extent that the court determines that the 
                        interest of that innocent spouse and children 
                        is the product of the criminal activity of 
                        which the defendant has been convicted, or is 
                        the result of a fraudulent transfer.
                    ``(B) Fraudulent transfers.--In determining whether 
                there was a fraudulent transfer, the court shall 
                consider whether the debtor made the transfer--
                            ``(i) with actual intent to hinder, delay, 
                        or defraud the United States or other victim; 
                        or
                            ``(ii) without receiving a reasonably 
                        equivalent value in exchange for the transfer.
                    ``(C) Considerations for protection of innocent 
                parties.--In determining what portion of the jointly 
                owned property shall be set aside for the innocent 
                spouse or children of the defendant, or whether to have 
                sold or divided the jointly held property, the court 
                shall consider--
                            ``(i) the contributions of the other joint 
                        owner to the value of the property;
                            ``(ii) the reasonable expectation of the 
                        other joint owner to be able to enjoy the 
                        continued use of the property; and
                            ``(iii) the economic circumstances and 
                        needs of the defendant and dependents of the 
                        defendant and the economic circumstances and 
                        needs of the victim and the dependents of the 
                        victim.''.

SEC. 5124. FINES.

    Section 3572(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Payments; Effect of Indigence.--Any fine, special assessment, 
restitution, or cost shall be for a sum certain and shall be payable 
immediately. In no event shall a defendant incur any criminal penalty 
for failure to make a payment on a fine, special assessment, 
restitution, or cost as a result of the indigence of the defendant.''.

SEC. 5125. RESENTENCING.

    Section 3614(a) of title 18, United States Code, is amended by 
inserting before the period at the end the following: ``or may increase 
the sentence of the defendant to any sentence that might originally 
have been imposed under the applicable statute''.

       Subtitle B--Combating Violence Against Women and Children

                   CHAPTER 1--VIOLENCE AGAINST WOMEN

SEC. 5201. SHORT TITLE.

    This chapter may be cited as the ``Violence Against Women Act of 
1999''.

SEC. 5202. DEFINITIONS.

    In this chapter--
            (1) the term ``domestic violence'' has the meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
            (2) the term ``sexual assault'' has the meaning given the 
        term in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

Subchapter A--Strengthening Law Enforcement To Reduce Violence Against 
                                 Women

SEC. 5203. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

    (a) In General.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
            (1) in the part heading, by adding ``AND ENFORCEMENT OF 
        PROTECTION ORDERS'' at the end;
            (2) in section 2101(b), by adding at the end the following:
            ``(7) To provide technical assistance and computer and 
        other equipment to police departments, prosecutors, and courts 
        to facilitate interstate enforcement of protection orders.''; 
        and
            (3) in section 2102--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``, including 
                        the enforcement of protection orders from other 
                        States and jurisdictions;''; and
                            (iii) by adding at the end the following:
            ``(3) have established cooperative agreements with 
        neighboring jurisdictions to facilitate the enforcement of 
        protection orders from other States and jurisdictions; and
            ``(4) will use the grant to develop and install data 
        collection and communication systems, including computerized 
        systems, linking police, prosecutors, and courts for the 
        purpose of identifying and tracking protection orders and 
        violations of protection orders.''; and
                    (B) by adding at the end the following:
    ``(c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about successful data collection and 
communication systems that meet the purposes described in subsection 
(b)(3). Such dissemination shall target States, State and local courts, 
Indian tribal governments, and units of local government.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended in the item relating to part U, by 
adding ``and Enforcement of Protection Orders'' at the end.

SEC. 5204. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a)(18) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is 
amended to read as follows:
    ``(18) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part T $185,000,000 for each of fiscal years 2000 through 
2003.''.
    (b) State Coalition Grants.--Section 2001(b)(5) of part T of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796) is amended by inserting ``, and the forms of violence and abuse 
suffered by women who are individuals with disabilities (as defined in 
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102))''.

SEC. 5205. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.

    Section 1001(a)(19) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended to read as 
follows:
    ``(19) There is authorized to be appropriated from the Violent 
Crime Reduction Trust Fund established under section 310001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
to carry out part U $65,000,000 for each of fiscal years 2000 through 
2003.''.

SEC. 5206. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Z as part AA;
            (2) by redesignating section 2601 as section 2701; and
            (3) by inserting after part Y the following:

  ``PART Z--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON CAMPUSES

``SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.

    ``(a) General Program Purpose.--The purpose of this part is to 
assist institutions of higher education in bringing together college 
personnel, security, students, and victim services to strengthen law 
enforcement strategies in combating violent crimes against women on 
campuses and to improve services to victims.
    ``(b) Purposes for Which Grants May Be Used.--Grants under this 
part shall provide personnel, training, technical assistance, data 
collection, and other equipment for the more widespread investigation, 
apprehension, prosecution, and adjudication of persons committing 
violent crimes against women on campuses, and specifically, for the 
purposes of--
            ``(1) training campus administrators and campus security 
        personnel to more effectively identify and respond to violent 
        crimes against women on campus, including the crimes of sexual 
        assault, stalking, and domestic violence;
            ``(2) developing and implementing more effective campus 
        security and investigative policies, protocols, orders, and 
        services specifically devoted to preventing, identifying, and 
        responding to violent crimes against women on campus, including 
        the crimes of sexual assault, stalking, and domestic violence;
            ``(3) developing, enlarging, or strengthening victim 
        services programs, for local campuses, including sexual 
        assault, stalking, and domestic violence programs;
            ``(4) developing or improving delivery of victim services 
        on campuses, including on-campus programs that provide 
        counseling, support, and victim advocacy; and
            ``(5) supporting improved coordination between campus 
        administrators and campus security personnel, and local 
        criminal justice authorities to reduce violent crimes against 
        women on campus.

``SEC. 2602. CAMPUS GRANTS.

    ``(a) In General.--The Attorney General may make grants to 
institutions of higher education in accordance with this part, for use 
by campus personnel and nonprofit victim services programs to assist 
campus administrators and campus security personnel (including 
employees, contractors, and volunteers) to develop and strengthen--
            ``(1) effective security and investigation strategies to 
        combat violent crimes against women on campuses, particularly 
        sexual assault, stalking, and domestic violence; and
            ``(2) victim services in cases involving violent crimes 
        against women on campuses, which may include partnerships with 
        local criminal justice authorities and community-based victims 
        services agencies.
    ``(b) Application Requirements.--Each application under this part 
shall meet the requirements of section 517 and shall include 
documentation demonstrating--
            ``(1) need for the grant funds;
            ``(2) intended use of the grant funds;
            ``(3) expected results from the use of the grant funds; and
            ``(4) characteristics of the population being served, 
        including number of students and type of campus and demographic 
        characteristics of the population and documentation of services 
        to underserved populations.
    ``(c) Certifications.--The certifications described in this 
subsection are certifications that the applicant will--
            ``(1) use the grant amount under this part for the purposes 
        described in section 2601(b);
            ``(2) establish a plan to monitor and evaluate the use of 
        funds; and
            ``(3) use any Federal funds received under this part to 
        supplement, not supplant, non-Federal funds that would 
        otherwise be available for activities funded under this part.
    ``(d) Disbursement.--
            ``(1) In general.--Not later than 60 days after the receipt 
        of an application under this part, the Attorney General shall--
                    ``(A) make a grant in accordance with this part to 
                the applicant; or
                    ``(B) inform the applicant of the reasons that the 
                application does not meet the requirements of section 
                517 or the requirements of this section.
            ``(2) Regulations.--In making grants under this part, the 
        Attorney General shall--
                    ``(A) equitably distribute moneys on a geographic 
                basis, including nonurban and rural areas of various 
                geographic sizes; and
                    ``(B) recognize and address the needs of 
                underserved, including rural, populations.
    ``(e) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total cost of the projects 
described in the application submitted under this part.

``SEC. 2603. DEFINITIONS.

    ``In this part--
            ``(1) the terms `domestic violence', `sexual assault', 
        `underserved populations', and `victim services' have the 
        meaning given the terms in section 2003; and
            ``(2) the term `institutions of higher education' has the 
        meaning given the term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).''.
    (b) Authorization of Appropriations.--Section 1001 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is 
amended--
            (1) in paragraph (3), by striking ``and X'' and inserting 
        ``X, and Z''; and
            (2) by adding at the end the following:
            ``(24) There is authorized to be appropriated from the 
        Violent Crime Reduction Trust Fund established under section 
        310001 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14211) to carry out part Z $10,000,000 for each 
        of fiscal years 2000 through 2003.''.

SEC. 5207. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT GRANTS.

    (a) Reauthorization.--Section 40295(c)(1) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13971(c)(1)) is amended to read as 
follows:
            ``(1) In general.--There is authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of this Act to carry out this section 
        $40,000,000 for each of fiscal years 2000 through 2003.''.
    (b) Indian Tribes.--Section 40295(c) of the Violence Against Women 
Act of 1994 (42 U.S.C. 13971(c)) is amended by adding at the end the 
following:
            ``(3) Allotment for indian tribes.--
                    ``(A) In general.--Not less than 5 percent of the 
                total amount made available to carry out this section 
                for each fiscal year shall be available for grants to 
                Indian tribal governments.
                    ``(B) Reallotment of funds.--If, beginning 9 months 
                after the last day of any fiscal year for which amounts 
                are made available to carry out this paragraph, any 
                amount made available under this paragraph remains 
                unobligated, the unobligated amount may be allocated 
                without regard to subparagraph (A).''.

SEC. 5208. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

    (a) Reauthorization.--Section 40603 of the Violence Against Women 
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:

``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Violent Crime 
Reduction Trust Fund established under section 310001 to carry out this 
subtitle $3,000,000 for each of fiscal years 2000 through 2003.''.
    (b) Technical and Conforming Amendment.--Section 40602(a) of the 
Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by 
inserting ``and implement'' after ``improve''.

SEC. 5209. DOMESTIC VIOLENCE AND STALKING OFFENSES.

    (a) Interstate Domestic Violence.--Section 2261(a) of title 18, 
United States Code, is amended to read as follows:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or to or from Indian country 
        with the intent to injure, harass, or intimidate a spouse or 
        intimate partner, and who, in the course of or as a result of 
        such travel, commits or attempts to commit a crime of violence 
        against that spouse or intimate partner, shall be punished as 
        provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes a 
        spouse or intimate partner to travel in interstate or foreign 
        commerce or to or from Indian country by force, coercion, 
        duress, or fraud, and who, in the course of or as a result of 
        such conduct or travel, commits or attempts to commit a crime 
        of violence against that spouse or intimate partner, shall be 
        punished as provided in subsection (b).''.
    (b) Interstate Stalking.--Section 2261A of title 18, United States 
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
    ``Whoever--
            ``(1) with the intent to injure, harass, or intimidate 
        another person, engages in the special maritime and territorial 
        jurisdiction of the United States in conduct that places that 
        person in reasonable fear of the death of, or serious bodily 
        injury to, that person or a member of that person's immediate 
        family (as defined in section 115); or
            ``(2) with the intent to injure, harass, or intimidate 
        another person, travels in interstate or foreign commerce or to 
        or from Indian country, and in the course of or as a result of 
        such travel engages in conduct that places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        that person or a member of that person's immediate family (as 
        defined in section 115),
shall be punished as provided in section 2261.''.
    (c) Interstate Violation of Protection Order.--Section 2262(a) of 
title 18, United States Code, is amended to read as follows:
    ``(a) Offenses.--
            ``(1) Travel or conduct of offender.--A person who travels 
        in interstate or foreign commerce or to or from Indian country 
        with the intent to engage in conduct that violates the portion 
        of a protection order that prohibits or provides protection 
        against violence, threats, or harassment against, contact or 
        communication with, or physical proximity to, another person, 
        or that would violate such a portion of a protection order in 
        the jurisdiction in which the order was issued, and 
        subsequently engages in such conduct, shall be punished as 
        provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes 
        another person to travel in interstate or foreign commerce or 
        to or from Indian country by force, coercion, duress, or fraud, 
        and in the course of or as a result of such conduct or travel 
        engages in conduct that violates the portion of a protection 
        order that prohibits or provides protection against violence, 
        threats, or harassment against, contact or communication with, 
        or physical proximity to, another person, or that would violate 
        such a portion of a protection order in the jurisdiction in 
        which the order was issued, shall be punished as provided in 
        subsection (b).''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by inserting after the first undesignated paragraph the 
        following:
        ```serious bodily injury' has the meaning stated in section 
        2119(2).''; and
            (2) by striking the final undesignated paragraph and 
        inserting the following:
        ```travel in interstate or foreign commerce' does not include 
        travel from 1 State to another by an individual who is a member 
        of an Indian tribe and who remains at all times in the 
        territory of the Indian tribe of which the individual is a 
        member.''.

SEC. 5210. DOMESTIC VIOLENCE AGAINST WOMEN BY MEMBERS OF THE ARMED 
              FORCES.

    (a) Requirement for Review.--The Secretary of Defense shall conduct 
a detailed review of the extent of the occurrence of domestic violence 
by members of the Armed Forces at military installations inside and 
outside the United States and the actions taken within the Department 
of Defense to prevent, control, and otherwise respond to domestic 
violence by Armed Forces personnel at the military installations. The 
Secretary shall commence the review not later than 30 days after the 
date of enactment of this Act.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Senate and the House of 
Representatives a report on the review required by subsection (a). The 
report shall include a detailed discussion of the results of the review 
and any recommendations for actions responding to domestic violence at 
the military installations.

      Subchapter B--Strengthening Services to Victims of Violence

SEC. 5211. SHELTERS FOR BATTERED WOMEN AND CHILDREN.

    (a) Reauthorization.--Section 310(a) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as 
follows:
    ``(a) In General.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this title 
        $120,000,000 for each of the fiscal years 2001 and 2002.
            ``(2) Source of funds.--Amounts made available under 
        paragraph (1) may be appropriated from the Violent Crime 
        Reduction Trust Fund established under section 310001 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14211).''.
    (b) Needs Assessment.--Title III of the Family Violence Prevention 
and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the 
end the following:

``SEC. 319. NEEDS ASSESSMENT.

    ``In carrying out this title, the Secretary shall provide for the 
conduct of a nationwide needs assessment relating to the programs 
carried out under this title. In awarding grants, application shall 
indicate number of persons served and develop a plan for evaluating 
need and utility of services.''.

SEC. 5212. NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) Reauthorization.--Section 316(f)(1) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416(f)(1)) is amended to read 
as follows:
            ``(1) In general.--There are authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund established under 
        section 310001 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14211) to carry out this section 
        $2,000,000 for each of fiscal years 2000 through 2003.''.
    (b) Report by Grantees.--Section 316 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416) is amended by adding at 
the end the following:
    ``(g) Report by Grantees.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, each recipient of a grant under 
        this section shall prepare and submit a report to the Secretary 
        that evaluates the effectiveness of the use of amounts received 
        by the recipient under this section and containing such other 
        information as the Secretary may prescribe.
            ``(2) Notice and public comment.--Before renewing any grant 
        under this section, the Secretary shall publish in the Federal 
        Register a copy of each report submitted under this subsection 
        and provide not less than 90 days for notice and opportunity 
        for public comment on the published report.''.

SEC. 5213. BATTERED IMMIGRANT WOMEN.

    (a) Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence.--
            (1) In general.--Section 245 of the Immigration and 
        Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (a), by inserting ``of an alien 
                who qualifies for classification under subparagraph 
                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
                204(a)(1) or'' after ``The status'';
                    (B) in subsection (a), by adding at the end the 
                following: ``An alien who qualifies for classification 
                under subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) of section 204(a)(1) who files for adjustment 
                of status under this subsection shall pay a $1,000 fee, 
subject to the provisions of section 245(k).'';
                    (C) in subsection (c)(2), by striking ``201(b) or a 
                special'' and inserting ``201(b), an alien who 
                qualifies for classification under subparagraph 
                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
                204(a)(1), or a special'';
                    (D) in subsection (c)(4), by striking ``201(b))'' 
                and inserting ``201(b) or an alien who qualifies for 
                classification under subparagraph (A)(iii), (A)(iv), 
                (B)(ii), or (B)(iii) of section 204(a)(1))'';
                    (E) in subsection (c)(5), by inserting ``(other 
                than an alien who qualifies for classification under 
                subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
                section 204(a)(1))'' after ``an alien''; and
                    (F) in subsection (c)(8), by inserting ``(other 
                than an alien who qualifies for classification under 
                subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
                section 204(a)(1)'' after ``any alien''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications for adjustment of status pending on 
        or after the date of enactment of this Act.
    (b) Removing Barriers to Cancellation of Removal and Suspension of 
Deportation for Victims of Domestic Violence.--
            (1) In general.--
                    (A) Special rule for calculating continuous period 
                for battered spouse or child.--Paragraph (1) of section 
                240A(d) of the Immigration and Nationality Act (8 
                U.S.C. 1229b(d)(1)) is amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of this section, any 
                period of continuous residence or continuous physical 
                presence in the United States shall be deemed to end 
                when the alien is served a notice to appear under 
                section 239(a) or when the alien has committed an 
                offense referred to in section 212(a)(2) that renders 
                the alien inadmissible to the United States under 
                section 212(a)(2) or removable from the United States 
                under section 237(a) (2) or (4), whichever is earliest.
                    ``(B) Special rule for battered spouse or child.--
                For purposes of subsection (b)(2), the service of a 
                notice to appear referred to in subparagraph (A) shall 
                not be deemed to end any period of continuous physical 
                presence in the United States.''.
                    (B) Exemption from annual limitation on 
                cancellation of removal for battered spouse or child.--
                Section 240A(e)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the 
                end the following:
                    ``(C) Aliens whose removal is canceled under 
                subsection (b)(2).''.
                    (C) Effective date.--The amendments made by 
                subparagraphs (A) and (B) shall take effect as if 
                included in the enactment of section 304 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (Public Law 104-208; 110 Stat. 587).
            (2) Modification of certain transition rules for battered 
        spouse or child.--
                    (A) In general.--Subparagraph (C) of section 
                309(c)(5) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
                note) (as amended by section 203 of the Nicaraguan 
                Adjustment and Central American Relief Act) is 
                amended--
                            (i) by amending the subparagraph heading to 
                        read as follows:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
                            (ii) in clause (i)--
                                    (I) by striking ``or'' at the end 
                                of subclause (IV);
                                    (II) by striking the period at the 
                                end of subclause (V) and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                of deportation under section 244(a)(3) 
                                of the Immigration and Nationality Act 
                                (as in effect before the date of 
                                enactment of this Act).''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1101 note).
    (c) Eliminating Time Limitations on Motions to Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end the 
                following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection (b)(5)(C) does not 
                        apply, if the basis of the motion is to apply 
                        for adjustment of status based on a petition 
                        filed under clause (iii) or (iv) of section 
                        204(a)(1)(A), clause (ii) or (iii) of section 
                        204(a)(1)(B), or section 240A(b)(2) and if the 
                        motion to reopen is accompanied by 
a cancellation of removal application to be filed with the Attorney 
General or by a copy of the self-petition that will be filed with the 
Immigration and Naturalization Service upon the granting of the motion 
to reopen.''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (Public 
                Law 104-208; 110 Stat. 587).
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen deportation 
                proceedings under the Immigration and Nationality Act 
                (as in effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
                note)), there is no time limit on the filing of a 
                motion to reopen such proceedings, and the deadline 
                specified in section 242B(c)(3) of the Immigration and 
                Nationality Act (as so in effect) does not apply if the 
                basis of the motion is to apply for relief under clause 
                (iii) or (iv) of section 204(a)(1)(A) of the 
                Immigration and Nationality Act, clause (ii) or (iii) 
                of section 204(a)(1)(B) of such Act, or section 
                244(a)(3) of such Act (as so in effect) and if the 
                motion to reopen is accompanied by a cancellation of 
                removal application to be filed with the Attorney 
                General or by a copy of the self-petition that will be 
                filed with the Immigration and Naturalization Service 
                upon the granting of the motion to reopen.
                    (B) Applicability.--Subparagraph (A) shall apply to 
                motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before the title 
                        III-A effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)); and
                            (ii) have become eligible to apply for 
                        relief under clause (iii) or (iv) of section 
                        204(a)(1)(A) of the Immigration and Nationality 
                        Act, clause (ii) or (iii) of section 
                        204(a)(1)(B) of such Act, or section 244(a)(3) 
                        of such Act (as in effect before the title III-
                        A effective date in section 309 of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1101 note)) as a result 
                        of the amendments made by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 
                                103-322; 108 Stat. 1953 et seq.); or
                                    (II) subsection (b) of this 
                                section.

       Subchapter C--Limiting the Effects of Violence on Children

SEC. 5214. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH GRANTS.

    (a) In General.--Section 316(c) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712d(c)) is amended to read as follows:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $20,000,000 for 
each of fiscal years 2000 through 2003.''.
    (b) Dissemination of Information.--Section 316 of part A of the 
Runaway and Homeless Youth Act (42 U.S.C. 5712d) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Dissemination of Information.--The Secretary shall annually 
compile and broadly disseminate (including through electronic 
publication) information about the use of amounts expended and the 
projects funded under this subtitle, including any evaluations of the 
projects and information to enable replication and adoption of the 
strategies identified in the projects. Such dissemination shall target 
community-based programs, including domestic violence and sexual 
assault programs.''.

SEC. 5215. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) Court-Appointed Special Advocate Program.--Section 218(a) of 
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended 
to read as follows:
    ``(a) Authorization.--There are authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle--
            ``(1) $9,000,000 for fiscal year 2000;
            ``(2) $10,000,000 for fiscal year 2001; and
            ``(3) $12,000,000 for each of fiscal years 2002 and 
        2003.''.
    (b) Child Abuse Training Programs for Judicial Personnel and 
Practitioners.--Section 224(a) of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13024(a) is amended to read as follows:
    ``(a) Authorization.--There are authorized to be appropriated from 
the Violent Crime Reduction Trust Fund established under section 310001 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211) to carry out this subtitle--
            ``(1) $2,000,000 for fiscal year 2000; and
            ``(2) $2,300,000 for each of fiscal years 2001 through 
        2003.''.
    (c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about the use of amounts expended and the 
projects funded under section 218(a) of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of Child 
Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(7)), including any evaluations of the projects and information 
to enable replication and adoption of the strategies identified in the 
projects. Such dissemination shall target community-based programs, 
including domestic violence and sexual assault 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.

    (a) In General.--The Attorney General shall make grants to States 
and nongovernmental private entities to provide education and technical 
assistance for the purpose of providing training, consultation, and 
information on violence, abuse, and sexual assault against women who 
are individuals with disabilities (as defined in section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
    (b) Priorities.--In making grants under this section, the Attorney 
General shall give priority to applications designed to provide 
education and technical assistance on--
            (1) the nature, definition, and characteristics of 
        violence, abuse, and sexual assault experienced by women who 
        are individuals with disabilities;
            (2) outreach activities to ensure that women who are 
        individuals with disabilities who are victims of violence, 
        abuse, and sexual assault receive appropriate assistance;
            (3) the requirements of shelters and victim services 
        organizations under Federal anti-discrimination laws, including 
        the Americans with Disabilities Act of 1990 and section 504 of 
        the Rehabilitation Act of 1973; and
            (4) cost-effective ways that shelters and victim services 
        may accommodate the needs of individuals with disabilities in 
        accordance with the Americans with Disabilities Act of 1990.
    (c) Uses of Grants.--Each recipient of a grant under this section 
shall provide information and training to organizations and programs 
that provide services to individuals with disabilities, including 
independent living centers, disability-related service organizations, 
and domestic violence programs providing shelter or related assistance.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for 
each of fiscal years 2000 through 2003.

SEC. 5217. COMMUNITY INITIATIVES.

    Section 318 of the Family Violence Prevention and Services Act (42 
U.S.C. 10418) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) groups that provide services to or advocate 
                on behalf of individuals with disabilities (as defined 
                in section 3 of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12102)); and''.
            (2) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section $6,000,000 for 
each of fiscal years 2000 through 2003.''.

                       CHAPTER 2--GENERAL REFORMS

SEC. 5221. PARTICIPATION OF RELIGIOUS ORGANIZATIONS IN VIOLENCE AGAINST 
              WOMEN ACT OF 1994 PROGRAMS.

    Notwithstanding any other provision of law--
            (1) religious organizations shall be eligible to 
        participate in any grant program authorized pursuant to the 
        Violence Against Women Act of 1994 (title IV of Public Law 103-
        322) that allows for the participation of nongovernmental 
        entities, programs, or agencies, or any private organizations;
            (2) no Federal or State governmental agency receiving funds 
        under any such program shall discriminate against an 
        organization on the basis that the organization has a religious 
        character; and
            (3) nothing in this section may be construed to preempt any 
        provision of a State constitution or State statute that 
        prohibits or restricts the expenditure of State funds in or by 
        religious organizations.

SEC. 5222. DEATH PENALTY FOR FATAL INTERSTATE DOMESTIC VIOLENCE 
              OFFENSES.

    Sections 2261(b)(1) and 2262(b)(1) of title 18, United States Code, 
are each amended by inserting ``or may be sentenced to death,'' after 
``years,''.

SEC. 5223. DEATH PENALTY FOR FATAL INTERSTATE VIOLATIONS OF PROTECTIVE 
              ORDERS.

    Section 2262 of title 18, United States Code, is amended by 
inserting ``or may be sentenced to death,'' after ``years,''.

SEC. 5224. EVIDENCE OF DISPOSITION OF DEFENDANT TOWARD VICTIM IN 
              DOMESTIC VIOLENCE CASES AND OTHER CASES.

    Rule 404(b) of the Federal Rules of Evidence is amended by striking 
``or absence of mistake or accident'' and inserting ``absence of 
mistake or accident, or a disposition toward a particular 
individual,''.

SEC. 5225. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2249. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pretrial Release Determination.--
            ``(1) In general.--In a case in which a person is charged 
        with an offense under this chapter, upon request of the victim, 
        a judicial officer issuing an order pursuant to section 3142(a) 
        shall include in the order a requirement that a test for the 
        human immunodeficiency virus be performed upon the person, and 
        that followup tests for the virus be performed 6 months and 12 
        months following the date of the initial test, unless the 
        judicial officer determines that the conduct of the person 
        created no risk of transmission of the virus to the victim, and 
        so states in the order.
            ``(2) Timing.--The order shall direct that the initial test 
        be performed within 24 hours, or as soon thereafter as 
        feasible.
            ``(3) No release from custody.--Any person upon whom a test 
        is performed under this section--
                    ``(A) shall not be released from custody until the 
                test is performed; and
                    ``(B) unless indigent, shall be responsible for 
                paying for the test at the time the test is performed.
    ``(b) Testing at Later Time.--
            ``(1) In general.--If a person charged with an offense 
        under this chapter was not tested for the human 
        immunodeficiency virus pursuant to subsection (a), the court 
        may at a later time direct that such a test be performed upon 
        the person, and that followup tests be performed 6 months and 
        12 months following the date of the initial test, if it appears 
        to the court that the conduct of the person may have risked 
        transmission of the virus to the victim.
            ``(2) Timing.--A testing requirement under this subsection 
        may be imposed at any time while the charge is pending, or 
        following conviction at any time prior to the completion of 
        service of the sentence by the person.
    ``(c) Termination of Testing Requirement.--A requirement of 
followup testing imposed under this section shall be canceled if any 
test is positive for the virus or the person obtains an acquittal on, 
or dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--
            ``(1) In general.--The results of any test for the human 
        immunodeficiency virus performed pursuant to an order under 
        this section shall be provided to the judicial officer or 
        court.
            ``(2) Disclosure to victim.--The judicial officer or court 
        shall ensure that the results are disclosed to the victim (or 
        to the parent or legal guardian of the victim, as appropriate), 
        the attorney for the government, and the person tested.
            ``(3) Applicability of other law.--Test results disclosed 
        pursuant to this subsection shall be subject to paragraphs (5) 
        through (7) of section 40503(b) of the Violent Crime Control 
        Act of 1994 (42 U.S.C. 14011(b)).
            ``(4) Counseling.--Any test result of the defendant given 
        to the victim or the defendant must be accompanied by 
        appropriate counseling, unless the recipient does not wish to 
        receive such counseling.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines for sentences for 
offenses under this chapter to enhance the sentence if the offender 
knew or had reason to know that the offender was infected with the 
human immunodeficiency virus, except if the offender did not engage or 
attempt to engage in conduct creating a risk of transmission of the 
virus to the victim.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
109A of title 18, United States 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.''.
    (c) Amendments to Testing Provisions.--Section 40503(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14011(b)) is amended--
            (1) by striking the subsection heading and inserting the 
        following:
    ``(b) Testing of Defendants.--'';
            (2) in paragraph (1)--
                    (A) by inserting ``, or the Government in such a 
                case,'' after ``subsection (a)'';
                    (B) by inserting ``(or to the parent or legal 
                guardian of the victim, as appropriate)'' after 
                ``communicated to the victim''; and
                    (C) by inserting ``, unless the recipient does not 
                wish to receive such counseling'' after ``counseling''; 
                and
            (3) in paragraph (2)--
                    (A) by striking ``to obtain an order under 
                paragraph (1), the victim must demonstrate that'' and 
                inserting ``the victim or the Government may obtain an 
                order under paragraph (1) by showing that'';
                    (B) in subparagraph (A)--
                            (i) by striking ``the offense'' and 
                        inserting ``a sexual assault involving alleged 
                        conduct that poses a risk of transmission of 
                        the etiologic agent for acquired immune 
                        deficiency syndrome''; and
                            (ii) by inserting ``and'' after the 
                        semicolon;
                    (C) in subparagraph (B), by striking ``after 
                appropriate counseling; and'' and inserting a period; 
                and
                    (D) by striking subparagraph (C).

                  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.

    (a) Sexual Exploitation of Minors.--Section 2252(b)(2) of title 18, 
United States Code, is amended--
            (1) by striking ``5'' and inserting ``15'';
            (2) by striking ``2'' and inserting ``5''; and
            (3) by striking ``10'' and inserting ``20''.
    (b) Child Pornography.--Section 2252A(b)(2) of title 18, United 
States Code, is amended--
            (1) by striking ``5'' and inserting ``15'';
            (2) by striking ``2'' and inserting ``5''; and
            (3) by striking ``10'' and inserting ``20''.

SEC. 5232. CHILD ABUSE MURDERS.

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after ``sexual 
                abuse,''; and
                    (B) by inserting ``or perpetrated as part of a 
                pattern or practice of assault or torture against a 
                child or children under the perpetrator's care or 
                control;'' after ``robbery;''; and
            (2) by adding at the end the following:
    ``(c) Definitions.--In this section--
            ``(1) the term `assault' has the same meaning as in section 
        113;
            ``(2) the term `child' means a person who is less than 18 
        years of age;
            ``(3) the term `child abuse' means intentionally, 
        knowingly, or recklessly causing serious bodily injury (as 
        defined in section 1365) to a child under the perpetrator's 
        care or control;
            ``(4) the term `pattern or practice of assault or torture' 
        means assault or torture engaged in on not less than 2 
        occasions; and
            ``(5) the term `torture' means an act, whether or not 
        committed under the color of law, that otherwise satisfies the 
        definition set forth in section 2340(1).''.

SEC. 5233. SENTENCING ENHANCEMENT FOR CRIMES COMMITTED IN THE PRESENCE 
              OF CHILDREN.

    (a) Definitions.--In this section--
            (1) the term ``crime of violence'' has the meaning given 
        the term in section 25 of title 18, United States Code; and
            (2) the term ``child'' means a person who is less than 15 
        years of age.
    (b) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and amend its guidelines and its policy 
statements to provide for increased penalties for persons convicted of 
crimes of violence that are committed in the presence of a child.
    (c) Requirements.--In carrying out this section, the Sentencing 
Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious effects on children of exposure 
        to violence, especially in the home, and the need for 
        aggressive and appropriate law enforcement action to prevent 
        such exposure;
            (2) consider providing an additional sentencing enhancement 
        for persons convicted of offenses described in subsection (b) 
        in appropriate circumstances;
            (3) consult with individuals or groups representing crime 
        victims, victimized and exploited children, victims of domestic 
        violence, the Indian tribal governments, law enforcement, and 
        the Federal judiciary as part of the review described in 
        subsection (b);
            (4) ensure reasonable consistency with other relevant 
        directives and with other guidelines;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the sentencing guidelines currently provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the sentencing 
        guidelines; and
            (7) ensure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
    (d) Emergency Authority.--The Commission shall promulgate the 
guidelines or amendments provided for under this section as soon as 
practicable in accordance with the procedures set forth in section 
21(a) of the Sentencing Act of 1987, as though the authority under that 
Act has not expired.
    (e) Study and Report on Exposure of Children to Crimes of 
Violence.--Not later than June 1, 2000, the United States Sentencing 
Commission shall submit a report to Congress on issues relating to the 
exposure of children to crimes of violence. The report shall explain 
the changes to sentencing policy made by the Sentencing Commission in 
response to this Act and include any recommendations that the 
Commission may have for retention or modification of current penalty 
levels, including statutory penalty levels, and for otherwise combating 
exposure of children to crimes of violence and the serious effects that 
are associated with such exposure.

SEC. 5234. RIGHTS OF CHILD VICTIMS AND WITNESSES.

    (a) Definitions.--Section 3509(a)(2) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A), by striking ``of physical abuse, 
        sexual abuse, or exploitation''; and
            (2) in subparagraph (B), by striking ``committed against 
        another person'' and inserting ``, other than a crime the child 
        committed or to which the child contributed as a codefendant or 
        conspirator''.
    (b) Alternatives to Live In-Court Testimony.--Section 3509(b) of 
title 18, United States Code, is amended, in each of paragraphs (1)(A) 
and (2)(A), by inserting ``or an offense to which a child is a 
witness'' after ``child''.
    (c) Privacy Protection.--Section 3509(d) of title 18, United States 
Code, is amended--
            (1) in each paragraphs (1), (2), and (3)(A), by inserting 
        ``or a person who was a child at the time of the offense'' 
        after ``child'' each place it appears;
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, evidence, 
                or other items'' after ``documents'' each place it 
                appears; and
            (B) by adding at the end the following:
            ``(C) The requirements of subparagraph (A) shall apply, 
        regardless of whether the person described in that paragraph 
        continues to act in a capacity described in subparagraph (B) at 
        the time of the disclosure.'';
            (3) in paragraph (2)--
                    (A) by inserting ``, evidence, or other items'' 
                after ``papers''; and
                    (B) in each of subparagraphs (A) and (B), by 
                inserting ``, evidence, or other item'' after 
                ``paper'';
            (4) in paragraph (3), by inserting ``or a person who was a 
        child at the time of the offense'' after ``child'' the second 
        and third places it appears;
            (5) in paragraph (4)--
                    (A) by inserting ``or a person who was a child at 
                the time of the offense'' after ``child'' the first and 
                third places it appears; and
                    (B) by striking ``or an adult attendant'' and 
                inserting ``an adult attendant, or a victim or witness 
                assistance program''; and
            (6) by adding at the end the following:
            ``(5) Applicability to grand jury proceedings.--The 
        provisions of this subsection may be applied to proceedings of 
        the grand jury, including lists of witnesses and exhibits.''.
    (d) Closing the Courtroom.--Section 3509(e) of title 18, United 
States Code, is amended by inserting ``or a person who was a child at 
the time of the offense'' after ``child'' each place it appears.
    (e) Adult Attendant.--Section 3509(i) of title 18, United States 
Code, is amended--
            (1) in the last sentence, by striking ``child attendant'' 
        and inserting ``adult attendant''; and
            (2) by inserting ``, if such testimony or deposition is 
        carried out under subsection (b)'' before the period at the 
        end.

SEC. 5235. TECHNICAL CORRECTIONS TO FORFEITURE STATUTES FOR SEXUAL 
              EXPLOITATION OF MINORS.

    (a) Criminal Forfeiture for Offenses Against Minors.--Section 
2253(a) of title 18, United States Code, is amended by striking ``or 
2423'' and inserting ``2423, or 2425''.
    (b) Civil Forfeiture for Offenses Against Minors.--Section 
2254(a)(1) of title 18, United States Code, is amended by striking ``or 
2423'' and inserting ``2423, or 2425''.
    (c) Civil Remedy for Personal Injuries Resulting From Certain Sex 
Crimes Against Children.--Section 2255(a) of title 18, United States 
Code, is amended by striking ``or 2423'' and inserting ``2423, or 
2425''.

SEC. 5236. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) In General.--Section 1404(c) of the Victims of Crime Act of 
1984 (42 U.S.C. 10603(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) to assist Federal law enforcement agencies in 
                providing services to victims of non-Federal crime;
                    ``(D) for the financial support of services to 
                United States citizens who are victims of crime 
                occurring outside the United States; and
                    ``(E) for the establishment of a fellowship or 
                internship program in the Office to utilize the 
                expertise and experience of the victims community to 
                carry out training and technical assistance services 
                and special projects authorized by the subchapter.''; 
                and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Of the amount available for grants under this 
        subsection--
                    ``(A) not more than 50 percent shall be used for 
                grants under subparagraphs (A) and (E) of paragraph 
                (1); and
                    ``(B) not less than 50 percent shall be used for 
                grants under subparagraphs (B), (C), and (D) of 
                paragraph (1).''.
    (b) Victims of Terrorism.--Section 1404B of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603b) is amended to read as follows:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``The Director may make supplemental grants, as provided in either 
section 1402(d)(4)(B) or 1404, to States for eligible crime victim 
compensation and assistance programs, and to instrumentalities of the 
Federal Government, and to organizations or agencies which provide 
emergency and ongoing assistance to victims of crime, to provide 
emergency relief (including compensation, assistance, and crisis 
response) and to provide emergency responders with training and 
technical assistance, for the benefit of--
            ``(1) victims of a terrorist act or mass violence occurring 
        within the United States (as defined in section 2340 of title 
        18, United States Code); and
            ``(2) individuals--
                    ``(A) who are--
                            ``(i) citizens of the United States; or
                            ``(ii) officers or employees of the Federal 
                        Government; and
                    ``(B) who--
                            ``(i) while outside of the United States 
                        are victims of a terrorist act or mass 
                        violence; and
                            ``(ii) are not eligible for compensation 
                        under title VIII of the Omnibus Diplomatic 
                        Security and Antiterrorism Act of 1986.''.

SEC. 5237. VICTIMIZATION DATA ON DISABLED PERSONS.

    The Crime Victims With Disabilities Awareness Act (42 U.S.C. 3732 
note) is amended by striking section 5 and inserting the following:

``SEC. 5. NATIONAL CRIME VICTIMIZATION SURVEY.

    ``Not later than 1 year after completion of the study under section 
4, the Bureau of Justice Statistics shall initiate revisions to the 
National Crime Victimization Survey, following a period of 
experimentation and pretesting, designed to systematically gather data 
from individuals with developmental disabilities relating to--
            ``(1) the nature of crimes against such individuals; and
            ``(2) the specific characteristics of such victims.''.

SEC. 5238. WIRETAPPING AUTHORITY FOR SEX TOURISM INVESTIGATIONS.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``section 2423(b) (relating to travel with intent to engage 
in sexual acts with juveniles),'' before ``section 1203''.

                  Subtitle C--Victims Rights Amendment

SEC. 5301. SENSE OF THE SENATE.

    (a) Findings.--The Senate finds that--
            (1) each year in the United States there are 9,000,000 
        victims of violent crime who suffer injury and loss at the 
        hands of violent offenders;
            (2) the Constitution of the United States provides 
        fundamental rights to defendants in the criminal justice 
        process, including the right to due process, the right to be 
        informed of the nature and cause of the accusation, the right 
        to a speedy and public trial by an impartial jury, the right to 
        confront witnesses, the right to counsel, and the right to be 
        free from the compulsion to self-incrimination;
            (3) the Constitution of the United States contains no 
        specific rights protecting victims in the criminal justice 
        process;
            (4) the Constitution of the United States does not preserve 
        for crime victims--
                    (A) a right to notice of proceedings related to the 
                crime against them;
                    (B) the right to have their interest in a speedy 
                trial considered;
                    (C) the right to be present and heard at 
                proceedings related to the crime against them, 
                including bail hearings, plea acceptance hearings, and 
                sentencing hearings;
                    (D) the right to be informed and have their safety 
                considered when the criminal by whom they were 
                victimized is released or escapes; or
                    (E) the right to an order that restitution be made 
                by the criminal by whom they were victimized; and
            (5) victims of crime often feel abused by the criminal 
        justice system which frequently does not recognize their 
        rights.
    (b) Sense of the Senate.--It is the sense of the Senate that 
Congress should pass and refer to the States for consideration and 
ratification an amendment to the Constitution of the United States 
recognizing and protecting the rights of victims of crime in the 
criminal justice process.

            Subtitle D--Recognition of Victims in Sentencing

SEC. 5401. COMPOSITION OF UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Section 991(a) of title 28, United States Code, is 
amended by inserting after ``same political party.'' the following: 
``Of the members who are not Federal judges, not less than 2 members 
shall be individuals who are victims of a crime of violence (as that 
term is defined in section 16 of title 18) or, in the case of a 
homicide, an immediate family member of such a victim.''.
    (b) Applicability.--The amendment made by this section shall apply 
with respect to any appointment made on or after the date of enactment 
of this Act.

                      TITLE VI--PRISONS AND JAILS

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

SEC. 6101. REAUTHORIZATION OF GRANTS.

    (a) Authorization of Grants.--Section 20102(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) subject to the requirements of section 20105(f), to 
        open or operate a correctional facility or jail, including the 
        hiring and training of correctional officers and other 
        correctional facility or jail personnel.''.
    (b) Special Rules.--Section 20105 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 13705) is amended--
            (1) in subsection (a)(1), by striking ``not more than 15'' 
        and inserting ``not less than 20''; and
            (2) by adding at the end the following:
    ``(f) Operating Costs.--Notwithstanding any other provision of this 
subtitle, a State (or a unit of local government located in a State) 
that otherwise meets the requirements of section 20103 or 20104, may 
use amounts received under this subtitle for the operation of prisons 
or jails, including the hiring or training of correctional officers or 
other correctional facility or jail personnel, if the State certifies 
to the Attorney General that--
            ``(1) the State has met the requirements of section 20104 
        for each of the 3 preceding years;
            ``(2) the population of correctional facilities and jails 
        in the State or unit of local government is not less than 10 
        percent below rated capacity for such facilities;
            ``(3) the State has not, during the preceding 12 months, 
        rented prison bed space in another State for the purpose of 
        relieving prison or jail overcrowding; and
            ``(4) the State has implemented, or, within 18 months after 
        the initial certification under this subsection, will 
        implement--
                    ``(A) laws, policies, or procedures requiring 
                inmates to pay minimal amounts as a user copayment for 
                the utilization of prison or jail medical services; and
                    ``(B) laws, policies, or procedures, including the 
                requirement of payment of filing fees, to discourage 
                the filing in State court of frivolous or harassing 
                lawsuits by inmates.''.
    (c) Authorization of Appropriations.--Section 20108(a)(1) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13708(a)(1)) is amended to read as follows:
            ``(1) Authorizations.--There is authorized to be 
        appropriated to carry out this subtitle $700,000,000 for each 
        of fiscal years 2001 through 2005.''.
    (d) Payments For Incarceration on Tribal Lands.--Section 20109 of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13709) is amended by striking ``to carry out this section--'' and all 
that follows before the period at the end and inserting the following: 
``to carry out this section, an amount equal to the amount to which all 
Indian tribes that qualify for a grant under this section would 
collectively be entitled, if such tribes were collectively treated as a 
State for purposes of section 20108(a)(2)''.
    (e) Elimination of Certain Payments.--
            (1) In general.--Subtitle A of title II of Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et 
        seq.) is amended--
                    (A) by striking sections 20110 and 20111; and
                    (B) by redesignating section 20112 as section 
                20110.
            (2) Technical and conforming amendments.--The table of 
        contents of the Violent Crime Control and Law Enforcement Act 
        of 1994 is amended, in the matter relating to subtitle A of 
        title II--
                    (A) by striking the items relating to section 20110 
                and 20111; and
                    (B) by redesignating the item relating to section 
                20112 as an item relating to section 20110.

                Subtitle B--Criminal Alien Incarceration

SEC. 6201. SHORT TITLE.

    This subtitle may be cited as the ``Transfer of Alien Prisoners Act 
of 1999''.

SEC. 6202. TRANSFERS OF ALIEN PRISONERS.

    (a) In General.--Not later than December 31, 2000, the Attorney 
General shall begin transferring undocumented aliens who are in the 
United States, incarcerated in a Federal, State, or local prison, whose 
convictions have become final, to the custody of the government of the 
alien's country of nationality for service of the duration of the 
alien's sentence in the alien's country.
    (b) Inapplicability to Certain Aliens.--This section does not apply 
to aliens who are nationals of a foreign country that the Secretary of 
State has determined under section 6(j) of the Export Administration 
Act of 1979 has repeatedly provided support for acts of international 
terrorism.

SEC. 6203. CONSENT UNNECESSARY.

    (a) Treaty Renegotiation.--The Secretary of State shall renegotiate 
all treaties requiring the consent of an alien who is in the United 
States, whether present lawfully or unlawfully, who is, or who is about 
to be, incarcerated in a Federal, State, or local prison or jail before 
such person may be transferred to the country of nationality of that 
person to ensure that no such consent is required in any case under any 
treaty. If the Secretary of State is unable to negotiate with a foreign 
nation a new treaty that would go into effect by December 31, 2000, 
that does not require such consent, the Secretary shall withdraw the 
United States as a party to any existing treaty requiring such consent.
    (b) General Repeal.--Notwithstanding any other provision of law, 
the consent of an alien covered by this subtitle shall not be required 
before such alien may be designated for transfer or before such alien 
may be transferred to the country of nationality of that alien.

SEC. 6204. CERTIFICATION TRANSFER REQUIREMENT.

    Not later than March 1 of each year, the President shall submit to 
Congress a certification as to whether each foreign country has 
accepted, and has confined for the duration of their sentences, the 
persons described in section 6203(a).

SEC. 6205. INTERNATIONAL PRISONER TRANSFER REPORT.

    (a) In General.--Not later than March 1 of each year, the President 
shall transmit to the Majority Leader of the Senate, the Speaker of the 
House of Representatives, the Chairmen and Ranking Members of the 
Committee on the Judiciary and the Committee on Foreign Relations of 
the Senate and the Committee on the Judiciary and the Committee on 
International Relations of the House of Representatives a report that--
            (1) describes the operation of the provisions of this 
        subtitle; and
            (2) highlights the effectiveness of those provisions with 
        regard to the 10 countries having the greatest number of their 
        nationals incarcerated in the United States, both in 
        transferring such persons from the United States to their 
        country of nationality and in confining such persons for the 
        duration of their sentences.
    (b) Contents of Report.--The report prepared under subsection (a) 
shall set forth--
            (1) the number of aliens convicted of a Federal, State, or 
        local criminal offense in the United States, and the types of 
        offenses involved, during the preceding calendar year;
            (2) the number of aliens described in paragraph (1) who 
        were sentenced to terms of incarceration;
            (3) the number of aliens described in paragraph (1) who 
        were eligible for transfer pursuant to those provisions;
            (4) the number of aliens described in paragraph (2) who 
        were transferred pursuant to the provisions of this subtitle;
            (5) the number, location, length of their period of 
        incarceration in the United States, and present status of 
        aliens described in paragraph (2) who have not yet been 
        transferred to the country of nationality;
            (6) the extent to which each foreign country whose 
        nationals have been convicted of a Federal, State, or local 
        criminal offense in the United States has accepted the transfer 
        of such persons, including the percentage of such persons 
        accepted by each foreign country;
            (7) the extent to which each foreign country described in 
        paragraph (6) has confined such persons for 85 percent of the 
        duration of their sentences, including the percentage of such 
        persons confined by each foreign country;
            (8) the extent to which each foreign country described in 
        paragraph (5) has accomplished (or has failed to accomplish) 
        the goals described in any applicable bilateral or multilateral 
        agreement to which the United States is a party that deals with 
        the subject of the transfer of alien prisoners;
            (9) for each foreign country described in paragraph (6)--
                    (A) a description of the plans, programs, and 
                timetables adopted by such country to accept its own 
                nationals for crimes committed in the United States;
                    (B) a description of the plans, programs, and 
                timetables adopted by such country for the continued 
                incarceration of its own nationals for crimes committed 
                in the United States;
                    (C) a list of those countries that are negotiating 
                in good faith with the United States to establish a 
                mechanism for the transfer, receipt, and continued 
                incarceration of such country's nationals;
                    (D) a list of those countries that have adopted 
                laws or regulations that ensure the transfer, receipt, 
                and incarceration of its nationals in accordance with 
                the provisions of this subtitle; and
                    (E) a list of those countries that have adopted 
                laws or regulations that ensure the availability to 
                appropriate United States Government personnel of 
                adequate records in connection with the transfer, 
                receipt, and continued incarceration of prisoners 
                pursuant to this subtitle;
            (10) a description of the policies adopted, agreements 
        concluded, and plans and programs implemented or proposed by 
        the Federal Government in pursuit of its responsibilities for 
        the prompt transfer of aliens described in subsection (b)(1), 
        as well as for identifying and preventing the re-entry of such 
        persons after their transfer from the United States; and
            (11) a description of instances of refusals to cooperate 
        with the United States Government regarding the transfer of 
        aliens described in subsection (b)(1).

SEC. 6206. ANNUAL REPORTS ON FOREIGN ASSISTANCE.

    At the time that the report required by section 634 of the Foreign 
Assistance Act of 1961 is submitted each year, the Secretary of State 
shall submit a copy of such report to the Chairmen and Ranking Members 
of the Committees on the Judiciary of the House of Representatives and 
the Senate, the Chairman and Ranking Member of the Committee on Foreign 
Relations of the Senate, and the Chairman and Ranking Member of the 
Committee on International Relations of the House of Representatives.

SEC. 6207. ANNUAL CERTIFICATION PROCEDURES.

    (a) Withholding of Bilateral Assistance, Opposition to Multilateral 
Development Assistance, and Withholding of Visas.--
            (1) Bilateral assistance.--
                    (A) In general.--Fifty percent of the United States 
                assistance allocated each fiscal year for each foreign 
                country shall be withheld from obligation and 
                expenditure to any such country if that country has 
                refused to accept not less than 75 percent of nationals 
                covered by this subtitle and designated for transfer by 
the Attorney General within either of the 2 immediately preceding 
fiscal years or to confine such transferred persons for not less than 
85 percent of their sentence, except as provided in subsection (b).
                    (B) Inapplicability to certain countries.--This 
                paragraph does not apply with respect to a country if 
                the President determines in accordance with subsection 
                (b) that its application to that country would be 
                contrary to the vital national interests of the United 
                States, except that any such determination shall not 
                take effect until not less than 30 days after the 
                President submits written notification of that 
                determination to the congressional committees listed in 
                section 6206 in accordance with the procedures 
                applicable to reprogramming notifications under section 
                634A of the Foreign Assistance Act of 1961.
                    (C) Bilateral assistance exemption.--In this 
                subsection, the term ``bilateral assistance'' does not 
                include--
                            (i) narcotics-related assistance under the 
                        Foreign Assistance Act of 1961;
                            (ii) disaster relief assistance;
                            (iii) assistance that involves the 
                        provision of food (including monetization of 
                        food) or medicine; or
                            (iv) assistance for refugees.
            (2) Multilateral assistance.--
                    (A) In general.--The Secretary of the Treasury may 
                instruct the United States Executive Directors of each 
                multilateral development bank to vote against any loan 
                or other utilization of the funds of such bank or 
                institution for the benefit of any country if that 
                country has refused to accept not less than 75 percent 
                of its nationals covered by this subtitle and 
                designated for transfer by the Attorney General or to 
                confine such transferred persons for not less than 85 
                percent of their sentences within either of the 2 
                immediately preceding fiscal years, except as provided 
                in subsection (b).
                    (B) Definition of multilateral development bank.--
                In this paragraph, the term ``multilateral development 
                bank'' means the International Bank for Reconstruction 
                and Development, the International Development 
                Association, the Inter-American Development Bank, the 
                Asian Development Bank, the African Development Bank, 
                and the European Bank for Reconstruction and 
                Development.
            (3) Visas.--All visas shall be denied to nationals employed 
        by the government of any foreign country if that country has 
        refused to accept not fewer than 75 percent of its nationals 
        covered by this subtitle and designated for transfer by the 
        Attorney General within either of the 2 immediately preceding 
        fiscal years or to confine such transferred persons for not 
        less than 85 percent of their sentences, except as provided in 
        subsection (b), except that the President or the Secretary of 
        State nonetheless may grant visas to heads of state, certified 
        diplomats, or members of a foreign country's mission to the 
        United Nations.
    (b) Certification Procedures.--
            (1) What must be certified.--Subject to subsection (d), the 
        assistance withheld from a country pursuant to subsection 
        (a)(1) may be obligated and expended, the requirement of 
        subsection (a)(2) to vote against multilateral development bank 
        assistance to a country shall not apply, and the withholding of 
        visas from nationals of a country of subsection (a)(3) shall 
        not apply, if the President determines and certifies to 
        Congress, at the time of the submission of the report required 
        by section 6205, that--
                    (A) during the previous year the country has 
                cooperated fully with the United States, or has taken 
                adequate steps on its own, to achieve full compliance 
                with the goals and objectives established by this 
                subtitle, except that the President may make such a 
                finding only once during any 5-year period;
                    (B) for a country that would not otherwise qualify 
                for certification under subparagraph (A), the vital 
                national interests of the United States require that 
                the assistance withheld pursuant to subsection (a)(1) 
                be provided, that the United States not vote against 
                multilateral development bank assistance for that 
                country pursuant to subsection (a)(2), and that visas 
                not be withheld pursuant to subsection (a)(3); or
                    (C) only in the case of multilateral development 
                bank assistance, such assistance is directed 
                specifically to programs that provide, or support a 
                foreign country's ability itself to provide, food, 
                water, clothing, shelter, and medical care of that 
                country.
            (2) Considerations regarding cooperation.--In making the 
        determinations described in subsection (b)(1), the President 
        shall consider the extent to which the country has--
                    (A) met the goals and objectives of this subtitle;
                    (B) accomplished the goals described in an 
                applicable bilateral agreement with the United States 
                or a multilateral agreement to implement the provisions 
                and purposes of this subtitle; and
                    (C) taken domestic legal and law enforcement 
                measures to implement the provisions and purposes of 
                this subtitle;
            (3) Case-by-case waiver authority.--
                    (A) Authority.--The President or the Secretary of 
                State may, on a case-by-case basis, allow an alien 
                subject to transfer under section 6202 to remain in the 
                custody of the Attorney General if the President or 
                Secretary of State determines that doing so is 
                necessary to serve the vital interests of the United 
                States or to protect the life or health of the citizen 
                or national. It is the sense of Congress that such 
                case-by-case determinations rarely should be made.
                    (B) Nondelegation of authority.--The authority to 
                make a determination under subparagraph (A) may not be 
                delegated.
            (4) Information to be included in national interest 
        certification.--If the President makes a certification with 
        respect to a country pursuant to subsection (b)(1), the 
        President shall include in such certification--
                    (A) a full and complete description of the vital 
                national interests placed at risk if United States 
                bilateral assistance to that country is terminated 
                pursuant to this section, multilateral development bank 
                assistance is not provided to such country, and visas 
                are not issued to the nationals of such country; and
                    (B) a statement weighing the risk described in 
                subparagraph (A) against the risks posed to the vital 
                national interests of the United States by the failure 
                of such country to cooperate fully with the United 
                States in implementing the provisions and purposes of 
                this subtitle.
    (c) Congressional Review.--Subsection (d) shall apply if, not later 
than 30 calendar days after receipt of a certification submitted under 
subsection (b) at the time of submission of the report required by this 
subtitle, Congress enacts a joint resolution disapproving the 
determination of the President contained in such certification.
    (d) Denial of Assistance for Countries Decertified.--If the 
President does not make a certification under subsection (b) with 
respect to a country or Congress enacts a joint resolution disapproving 
such certification, then until such time as the conditions specified in 
subsection (e) are satisfied--
            (1) funds may not be obligated for United States assistance 
        for that government, and funds previously appropriated, but 
        unobligated, for United States assistance for that government 
        may not be expended for the purpose of providing assistance for 
        that government;
            (2) the requirement to vote against multilateral 
        development bank assistance pursuant to subsection (a)(2) shall 
        apply with respect to that country, without regard to the date 
        specified in that subsection; and
            (3) no visas may be issued to nationals of that country, 
        and no visas already issued shall be held valid by the 
        Department of State, the Immigration and Naturalization 
        Service, or any other department or agency of the Federal 
        Government.
    (e) Recertification.--Subsection (d) shall apply to a country 
described in that subsection until--
            (1) the President, at the time of submission of the report 
        required by this subtitle, makes a certification under 
        subsection (b)(1)(A) or (b)(1)(B) with respect to that country, 
        and Congress does not enact a joint resolution under subsection 
        (c) disapproving the determination of the President contained 
        in that certification; or
            (2) the President, at any other time, makes the 
        certification described in subsection (b)(1)(A) or subsection 
        (b)(1)(B) with respect to that country, except that this 
        paragraph applies only if either--
                    (A) the President also certifies that--
                            (i) that country has undergone a 
                        fundamental change in government, or
                            (ii) there has been a fundamental change in 
                        the conditions that were the reasons--
                                    (I) why the President had not made 
                                a certification with respect to that 
                                country under subparagraph (A) or (B) 
                                of subsection (b)(1); or
                                    (II) if the defendant had made such 
                                a certification and Congress enacted a 
                                joint resolution disapproving the 
                                determination contained in the 
                                certification, why Congress enacted 
                                that joint resolution; or
                    (B) Congress enacts a joint resolution approving 
                the determination contained in the certification under 
                subparagraph (A) or (B) of subsection (b)(1).
Any certification under paragraph (2)(A) shall discuss the 
justification for the certification.
    (f) Senate Procedures.--Any joint resolution under this section 
shall be considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and Arms Export 
Control Act of 1976.

SEC. 6208. PRISONER TRANSFERS TREATIES.

    (a) Negotiation.--The Secretary of State shall begin to negotiate 
and renegotiate, not later than 90 days after the date of enactment of 
this Act, bilateral prisoner transfer treaties. The focus of such 
negotiations should be--
            (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons;
            (2) to ensure that a transferred prisoner serves the 
        balance of the sentence imposed by the United States courts; 
        and
            (3) to allow the Federal Government or the States to 
        maintain their original prison sentences in effect so that 
        transferred prisoners who return to the United States prior to 
        the completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
    (b) Certification.--The President shall submit to Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 6209. JUDGMENTS UNAFFECTED.

    Nothing in this subtitle may construed to nullify or reduce the 
effect of a judgment of conviction and sentence entered by a Federal, 
State, or local court in the United States.

SEC. 6210. UNITED STATES ASSISTANCE DEFINED.

    In this subtitle, the term ``United States assistance'' means any 
assistance under the Foreign Assistance Act of 1961.

SEC. 6211. REPEALS.

    (a) The first sentence in section 4100(a) of title 18, United 
States Code, is repealed.
    (b) The first, third, fourth, fifth, and sixth sentences in section 
4100(b) of title 18, United States Code, are repealed.
    (c) Subsection (c) of section 4100 of title 18, United States Code 
is repealed.
    (d) Subsection (d) of section 4100(a) of title 18, United States 
Code, is redesignated as subsection (c).
    (e) Section 330(a)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
1704) is amended by inserting ``during fiscal years 1997 and 1998,'' 
after ``compensation,''.
    (f) Section 330(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 1704) is 
amended by striking ``, except as required by treaty,''.
    (g) Section 332 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 1712) is 
repealed.

                Subtitle C--Drug-Free Prisons and Jails

SEC. 6301. DRUG-FREE PRISONS AND JAILS INCENTIVE GRANTS.

    (a) In General.--Subtitle A of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.), as 
amended by section 6101(e) of this title, is amended--
            (1) by redesignating section 20110 as section 20111; and
            (2) by inserting after section 20109 the following:

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

    ``(a) In General.--The Attorney General shall make incentive grants 
in accordance with this section to eligible States and Indian tribes, 
in order to encourage the establishment and maintenance of drug-free 
prisons and jails.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
this subtitle, in each fiscal year, before making the allocations under 
sections 20106 and 20108(a)(2) or the reservation under section 20109, 
the Attorney General shall reserve 10 percent of the amount made 
available to carry out this subtitle for grants under this section.
    ``(c) Eligibility.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, a State or Indian tribe shall demonstrate to the 
        Attorney General that the State or Indian tribe--
                    ``(A) meets the requirements of section 20103; and
                    ``(B) has established, or, within 18 months after 
                the initial submission of an application this section 
                will implement, a program or policy of drug-free 
                prisons and jails for correctional and detention 
                facilities, including juvenile facilities, in its 
                jurisdiction.
            ``(2) Contents of program or policy.--The drug-free prisons 
        and jails program or policy under paragraph (1)(B)--
                    ``(A) shall include--
                            ``(i) a zero-tolerance policy for drug use 
                        or presence in State facilities, including 
                        routine sweeps and inspections for drugs, 
                        routine drug tests, and improved screening for 
                        drugs and other contraband of prison visitors 
                        and prisoner mail;
                            ``(ii) establishment and enforcement of 
                        penalties, including prison disciplinary 
                        actions and criminal prosecution for the 
                        introduction, possession, or use of drugs in 
                        any prison or jail;
                            ``(iii) the implementation of residential 
                        drug treatment programs; and
                            ``(iv) drug testing of all inmates upon 
                        intake and upon release from incarceration; and
                    ``(B) may include a system of incentives for 
                prisoners to participate in counter-drug programs such 
                as drug treatment and drug-free wings with greater 
                privileges, except that incentives under this paragraph 
                may not include the early release of any prisoner 
                convicted of a crime of violence.
    ``(d) Application.--In order to be eligible to receive a grant 
under this section, a State or Indian tribe shall submit to the 
Attorney General an application, in such form and containing such 
information, including rates of positive drug tests among inmates upon 
intake and release from incarceration, as the Attorney General may 
reasonably require.
    ``(e) Use of Funds.--Amounts received by a State or Indian tribe 
from a grant under this section may be used--
            ``(1) to implement the program under subsection (c)(2); or
            ``(2) for any other purpose permitted by this subtitle.
    ``(f) Allocation of Funds.--
            ``(1) In general.--Grants awarded under this section shall 
        be in addition to any other grants a State or Indian tribe may 
        be eligible to receive under this subtitle or under part S of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796ff et seq.).
            ``(2) Allocation.--Amounts reserved for grants pursuant to 
        subsection (b) shall be allocated and distributed to eligible 
        States and Indian tribes in the same manner as Truth-in-
        Sentencing Incentive Grants under section 20104 are allocated 
        and distributed under section 20106(b).''.

SEC. 6302. ELIMINATION OF SENTENCING INEQUITIES AND AFTERCARE FOR 
              FEDERAL INMATES.

    Section 3621 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking the last sentence and 
        inserting ``The Bureau shall endeavor to make available 
        appropriate substance abuse treatment or each prisoner who is 
        determined by the Bureau to have a treatable drug abuse 
        problem, with a priority to be given to younger offenders and 
        those who would benefit most from the treatment.''; and
            (2) in subsection (e), by striking paragraphs (1), (2), and 
        (5), and redesignating paragraphs (3), (4), and (6), as 
        paragraphs (1), (2), and (3), respectively.

SEC. 6303. PRISON COMMUNICATIONS.

    (a) Communications Assistance For Law Enforcement.--Section 2522 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(e) Exemption.--
            ``(1) In general.--This chapter and chapter 121 do not 
        apply with respect to the interception by a law enforcement 
        officer of any wire, oral, or electronic communication, or the 
        use of a pen register, a trap and trace device, or a clone 
        pager, if--
                    ``(A) in the case of any wire, oral, or electronic 
                communication, at least one of the parties to the 
                communication is, an inmate or detainee in the custody 
                of the Attorney General of the United States or is in 
                the custody of a State or political subdivision 
                thereof; or
                    ``(B) in the case of a pen register, a trap and 
                trace device, or a clone pager, the facility is 
                regularly used by, an inmate or detainee in the custody 
                of the Attorney General of the United States or is in 
                the custody of a State or political subdivision 
                thereof.
            ``(2) State defined.--In this subsection, the term `State' 
        means each of the several States of the United States, the 
        District of Columbia, and the territories and possessions of 
        the United States.
    ``(f) Regulations.--The Attorney General shall promulgate 
regulations governing interceptions described in subsection (e) of this 
section and interceptions described in section 2511(i), in order to 
protect communications protected by the attorney-client privilege and 
the right to counsel guaranteed by the sixth amendment to Constitution 
of the United States.''.
    (b) Demands for Production of Certain Statements and Reports.--
Section 3500(e)(2) of title 18, United States Code, is amended by 
inserting before the semicolon the following: ``, except any such 
statement recorded from a telephone in a Federal, State, or local 
correctional or detention facility, unless the defendant shows the 
substantial likelihood that the statement will lead to admissible 
evidence''.
    (c) Authority To Monitor Prison Communications.--Section 2511(2) of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(i) Authority to Monitor Prison Communications.--Nothing in this 
chapter or any other provision of law may be construed to prohibit the 
routine recording or monitoring by officers of any Federal, State, or 
local correctional or detention facility of any electronic 
communication, 1 of the parties to which is an inmate or detainee in 
such facility.''.
    (d) Providing Contraband to an Individual in Custody of the Bureau 
of Prisons or the Attorney General.--Section 1791 of title 18, United 
States Code, is amended--
            (1) in subsection (a), in each of paragraphs (1) and (2), 
        by striking ``inmate of a prison'' and inserting ``individual 
        in the custody of the Bureau of Prisons or the Attorney 
        General, or confined in any institution or facility by 
        direction of the Attorney General''; and
            (2) in subsection (d)--
                    (A) in paragraph (2), by adding ``and'' at the end;
                    (B) in paragraph (3), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (4).

                        Subtitle D--Prison Work

SEC. 6401. SHORT TITLE.

    This subtitle may be cited as the ``Prison Work Act of 1999''.

SEC. 6402. FEDERAL PRISONER WORK REQUIREMENT.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Prisoner work requirement
    ``(a) In General.--Subject to subsection (b), the Director of the 
Bureau of Prisons shall ensure that each convicted inmate in the 
custody of the Attorney General and confined in any Federal prison, 
correctional facility, jail, or other facility shall be engaged in 
work. The type of work that a particular inmate shall be engaged in 
shall be determined on the basis of appropriate security and 
disciplinary considerations and by the health of the inmate.
    ``(b) Excuse.--An inmate described in subsection (a) may be excused 
from the requirement of subsection (a) in whole or in part, only as 
necessitated by--
            ``(1) security considerations;
            ``(2) disciplinary action;
            ``(3) medical certification of disability, such as would 
        make it impractical for prison officials to arrange useful work 
        for the inmate to perform; or
            ``(4) a need for the inmate to work less than a full work 
        schedule in order to participate in literacy training, drug 
        rehabilitation, or other similar program in addition to 
        performing work.
    ``(c) No Compensation.--Nothing in this section shall be construed 
to entitle any inmate to any wage, compensation, or benefit, or be 
construed to provide a cause of action by or on behalf of any person 
against the United States or any officer, employee, or contractor 
thereof.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
303 of title 18, United States Code, is amended by adding at the end 
the following:

``4048. Prisoner work requirement.''.

SEC. 6403. PURCHASES FROM FEDERAL PRISON INDUSTRIES.

    (a) In General.--Section 4124 of title 18, United States Code, is 
amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) A Federal agency that has a requirement for a specific 
product listed in the current edition of the catalog required by 
subsection (d) shall--
            ``(1) provide a copy of the notice required by section 18 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 416) 
        to Federal Prison Industries not less than 15 days before the 
        issuance of a solicitation of offers for the procurement of 
        such product;
            ``(2) use competitive procedures for the procurement of 
        that product, unless--
                    ``(A) the head of the agency justifies the use of 
                procedures other than competitive procedures in 
                accordance with section 2304(f) of title 10 or section 
                303(f) of the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 253(f)); or
                    ``(B) the Attorney General makes the determination 
                described in subsection (b)(1) not later than 15 days 
                after receiving a notice of the requirement pursuant to 
                paragraph (1); and
            ``(3) consider a timely offer from Federal Prison 
        Industries for award in accordance with the specifications and 
        evaluation factors specified in the solicitation.
    ``(b) A Federal agency that has a requirement for a product 
referred to in subsection (a) shall--
            ``(1) on a noncompetitive basis, negotiate a contract with 
        Federal Prison Industries for the purchase of the product if 
        the Attorney General personally determines, within the period 
        described in subsection (a)(2)(B), that--
                    ``(A) it is not reasonable to expect that Federal 
                Prison Industries would be selected for award of the 
                contract on a competitive basis; and
                    ``(B) it is necessary to award the contract to 
                Federal Prison Industries in order--
                            ``(i) to maintain work opportunities that 
                        are essential to the safety and effective 
                        administration of the penal facility at which 
                        the contract would be performed; or
                            ``(ii) to permit diversification into the 
                        manufacture of a new product that has been 
                        approved for sale by the Federal Prison 
                        Industries board of directors in accordance 
                        with this chapter; and
            ``(2) award the contract to Federal Prison Industries if 
        the contracting officer determines that Federal Prison 
        Industries can meet the requirements of the agency with respect 
        to the product in a timely manner and at a fair and reasonable 
        price.''.
    (b) Limitation on New Products and Expansion of Production.--
Section 4122(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively;
            (2) by inserting after paragraph (3) the following:
    ``(4) Federal Prison Industries shall, to the maximum extent 
practicable, concentrate any effort to produce a new product or to 
expand significantly the production of an existing product on products 
that are otherwise produced with non-United States labor.''; and
            (3) in paragraph (6), as redesignated, by striking 
        ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.
    (c) Modification of Prohibition on Sales of Prisoner-Made 
Products.--Section 1761 of title 18, United States Code, is amended by 
striking subsections (b) through (d) and inserting the following:
    ``(b)(1) This section does not apply to goods, wares, or 
merchandise manufactured or produced, or services provided, by inmates 
at an industry--
            ``(A) provided by Federal Prison Industries (unless the 
        Attorney General has exercised his or her authority with 
        respect to that product pursuant to section 4124(b)); or
            ``(B) provided by a State, unless--
                    ``(i) the industry is operated by a person other 
                than the State; and
                    ``(ii) after September 30, 2008, the State does not 
                have in effect any requirement that the departments and 
                agencies of the State purchase a portion of their 
                requirements for such goods, wares, merchandise, or 
                services provided by products produced by inmates at 
                that industry.
    ``(2) In this subsection, the term `State' means a State of the 
United States and any commonwealth, territory, or possession of the 
United States.''.
    (d) Study of Foreign-Made Goods.--The Director of the Bureau of 
Labor Statistics shall make an initial determination of those goods 
(described by Standard Industrial Product Code published by the Office 
of Management and Budget) of which 95 percent or more of the amount 
sold in the United States are fabricated in a foreign place. The 
Director shall report that determination to Congress, not later than 
180 days after the date of enactment of this Act.
    (e) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 6404. PRISONER COMMUNITY SERVICE PROJECTS.

    (a) In General.--Chapter 303 of title 18, United States Code, as 
amended by section 6402(a) of this subtitle, is amended by adding at 
the end the following:
``Sec. 4049. Community service projects
    ``(a) Subject to the limitations of this section, and pursuant to 
rules prescribed by the Attorney General, the chief executive officer 
of a Federal penal or correctional facility may, as part of an inmate 
work program, provide products or services, free of charge or at 
minimal cost, to private, nonprofit organizations (as defined in 
section 501(c)(3) of the Internal Revenue Code of 1986) or to a 
component of any State government or political subdivision thereof.
    ``(b) Products provided under subsection (a) shall be constructed 
in substantial part through the use of scrap or waste materials that 
constitute excess property, as defined in section 3(e) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 472(e)). 
Such products shall not be resold by the recipient.
    ``(c) Services provided under subsection (a)--
            ``(1) shall be used only for the benefit of the recipient 
        entity and not for the benefit of any individual or 
        organization other than the recipient; and
            ``(2) shall not displace an employee of the recipient or 
        result in a reduction in hours, wages, or employment benefits 
        of any employee of the recipient.
    ``(d) No goods or services may be provided under this section by a 
Federal penal or correctional facility, if the provision of those goods 
or services would reduce the number of inmates employed at any Federal 
Prison Industries operations at that facility. Nothing this section 
shall be construed to increase or otherwise affect the powers of 
Federal Prison Industries.''.
    (b) Technical and Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 303 of 
        title 18, United States Code, as amended by section 6402(b) of 
        this subtitle, is amended by adding at the end the following:

``4049. Community service projects.''.
            (2) Federal property and administrative services act 
        amendment.--The second undesignated paragraph of section 602(d) 
        of the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 474), is amended--
                    (A) in paragraph (20), by striking ``or'' at the 
                end;
                    (B) in paragraph (21), by striking the period at 
                the end of and inserting a semicolon; and
                    (C) by inserting after paragraph (21) the 
                following:
            ``(22) the Federal Bureau of Prisons, with respect to the 
        disposal of property used to produce those products described 
        in section 4049 of title 18, United States Code.''.
            (3) Exception to prohibition on shipment of goods.--Section 
        1761(b) of title 18, United States Code, is amended by striking 
        the period at the end and inserting ``, nor to products 
        provided pursuant to section 4049 of this title.''.

             Subtitle E--Federal Incarceration Improvement

SEC. 6501. SHORT TITLE.

    This subtitle may be cited as the ``Federal Incarceration 
Improvement Act''.

SEC. 6502. REPORT ON FEDERAL PRISON OVERCROWDING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives and the Committees on Appropriations of the Senate and 
the House of Representatives a report on overcrowding in the Federal 
prison system.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall include--
            (1) 10-year projections for the population of the Federal 
        prison system; and
            (2) specific recommendations on prison space needs, 
        including--
                    (A) potential sites for new Federal prisons;
                    (B) cost estimates for the construction of 
                additional Federal prison space; and
                    (C) specific timetables for the construction of 
                additional Federal prison space.

SEC. 6503. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.

    (a) Transfer and Redesignation.--The second section designated as 
section 1932 of title 28, United States Code (relating to revocation of 
earned release credit), is--
            (1) redesignated as section 3624A of title 18, United 
        States Code;
            (2) transferred to chapter 229 of title 18, United States 
        Code; and
            (3) inserted after section 3624 of title 18, United States 
        Code.
    (b) Transmission of Finding.--Section 3624A of title 18, United 
States Code, as redesignated by subsection (a) of this section, is 
amended--
            (1) by striking ``In any'' and inserting the following:
    ``(a) Finding.--In any'';
            (2) by striking ``an adult'' and inserting ``a person'';
            (3) by striking ``order the revocation'' and all that 
        follows through ``finds that--'' and inserting ``, on its own 
        motion or the motion of any adverse party, make a finding 
        regarding whether--'';
            (4) in paragraph (2), by striking ``solely'';
            (5) in paragraph (3)--
                    (A) by striking ``testifies'' and inserting 
                ``testified''; and
                    (B) by striking ``presents false evidence'' and 
                inserting ``presented false allegations, pleadings, 
                evidence, or''; and
            (6) by adding at the end the following:
    ``(b) Transmission of Finding.--If the court makes any affirmative 
finding under paragraph (1), (2), or (3) of subsection (a)--
            ``(1) the court shall transmit to the Bureau of Prisons 
        that affirmative finding; and
            ``(2) upon receipt of an affirmative finding transmitted 
        under paragraph (1), the Bureau of Prisons shall revoke the 
        amount of unvested good time credit or the institutional 
        equivalent accrued to the prisoner pursuant to section 3264 as 
        is determined to be appropriate by the Director of the Bureau 
        of Prisons.''.
    (c) Technical and Conforming Amendments.--
            (1) Title 28.--The analysis for chapter 123 of title 28, 
        United States Code, is amended by striking the second item 
        relating to section 1932 (relating to revocation of earned 
        release credit).
            (2) Title 18.--The analysis for chapter 229 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 3624 the following:

``3624A. Revocation of earned release credit.''.
    (d) Release of Prisoner.--Section 3624(b) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking the fourth sentence and 
        inserting the following: ``Credit that has not been earned may 
        not later be granted, and credit that has been revoked pursuant 
        to section 3624A may not later be reinstated.''; and
            (2) in paragraph (2), by inserting ``, and may be revoked 
        by the Bureau of Prisons for noncompliance with institutional 
        disciplinary regulations at any time before vesting'' before 
        the period at the end.

SEC. 6504. IMPLEMENTATION OF A FEDERAL SENTENCE OF DEATH.

    (a) In General.--Section 3596(a) of title 18, United States Code, 
is amended--
            (1) by striking ``pursuant to this chapter''; and
            (2) by striking ``in the manner'' and all that follows 
        before the period at the end of the subsection and inserting 
        ``pursuant to regulations promulgated by the Attorney 
        General''.
    (b) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to provide for the implementation of a sentence of death 
under section 3596 of title 18, United States Code, as amended by this 
section.
    (c) Facilities.--
            (1) In general.--Section 3597 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 3597. Facilities for the implementation of a sentence of death
    ``(a) In General.--A United States marshal charged with supervising 
the implementation of a sentence of death shall use appropriate Federal 
facilities for that purpose.
    ``(b) Excuse of an Employee on Moral or Religious Grounds.--
            ``(1) In general.--No employee of the Department of 
        Justice, the Federal Bureau of Prisons, or the United States 
        Marshals Service, or any employee providing services to that 
        department, bureau, or service under contract, shall be 
        required, as a condition of that employment or contractual 
        obligation, to be in attendance at or to participate in any 
        prosecution or execution under this section if that 
        participation is contrary to the moral or religious convictions 
        of the employee.
            ``(2) Participation defined.--In this subsection, the term 
        `participation' includes personal preparation of the condemned 
        individual and the apparatus used for execution and supervision 
        of the activities of other personnel in carrying out those 
        activities.''.
            (2) Chapter analysis.--The analysis for chapter 228 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 3597 and inserting the following:

``3597. Facilities for the implementation of a sentence of death.''.

SEC. 6505. PRISON AMENITIES.

    (a) In General.--Chapter 303 of title 18, United States Code, as 
amended by subtitle D of this title, is amended by adding at the end 
the following:
``Sec. 4050. Certain amenities for prisoners prohibited
    ``(a) In General.--Except as provided in subsection (b), the Bureau 
of Prisons shall ensure that no prisoner or detainee under its 
jurisdiction--
            ``(1) engages in any physical activity designed to increase 
        or enhance the fighting ability of the prisoner or detainee;
            ``(2) engages in any physical activity designed to increase 
        the physical strength of such prisoner or detainee; or
            ``(3) is permitted--
                    ``(A) access to in-cell television viewing, except 
                for prisoners segregated from the general prison 
                population for their own safety;
                    ``(B) access to the viewing of any movie or film, 
                through whatever medium presented, that has been given 
                a Motion Picture Association of America rating of NC-
                17, R, or X;
                    ``(C) possession of any in-cell coffee pot, hot 
                plate, or other heating element;
                    ``(D) access to any pornographic or other sexually 
                explicit printed material;
                    ``(E) access to any bodybuilding or weightlifting 
                equipment; or
                    ``(F) use or possession of any electric or 
                electronic musical equipment.
    ``(b) Exception for Certain Prisoners.--The Director of the Bureau 
of Prisons may grant an exception to paragraph (2) or (3)(E) of 
subsection (a) with respect to a prisoner or detainee, if a licensed 
medical doctor employed by or under contract to the Bureau of Prisons 
certifies that such exception is medically necessary in order to enable 
the prisoner or detainee to pursue a program of physical therapy or 
rehabilitation.
    ``(c) Effect on Other Regulations.--Nothing in this section shall 
be construed to preempt or repeal any regulation or policy of the 
Bureau of Prisons that imposes greater restrictions on prisoners and 
detainees than those required by this section, or to prevent the 
adoption by the Bureau of Prisons of any regulation or policy that 
imposes greater restrictions on prisoners and detainees than those 
required by this section.
    ``(d) No Cause of Action.--Nothing in this section shall be 
construed to create a cause of action by or on behalf of any person 
against the United States or any officer, employee, or contractor 
thereof.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
303 of title 18, United States Code, as amended by subtitle D of this 
title, is amended by adding at the end the following:

``4050. Certain amenities for prisoners prohibited.''.

SEC. 6506. PRISONER HEALTH CARE COPAYMENTS.

    (a) Health Care Fees For Prisoners in Federal Institutions.--
            (1) In general.--Chapter 303 of title 18, United States 
        Code, as amended by section 6505(a) of this subtitle, is 
        amended by adding at the end the following:
``Sec. 4051. Fees for health care services for prisoners
    ``(a) Definitions.--In this section--
            ``(1) the term `account' means the trust fund account (or 
        institutional equivalent) of a prisoner;
            ``(2) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(3) the term `health care provider' means any person who 
        is--
                    ``(A) authorized by the Director to provide health 
                care services; and
                    ``(B) operating within the scope of such 
                authorization;
            ``(4) the term `health care visit' means a visit, as 
        determined by the Director, by a prisoner to an institutional 
        or noninstitutional health care provider; and
            ``(5) the term `prisoner' means--
                    ``(A) any individual who is incarcerated in an 
                institution under the jurisdiction of the Bureau of 
                Prisons; or
                    ``(B) any other individual, as designated by the 
                Director, who has been charged with or convicted of an 
                offense against the United States.
    ``(b) Fees for Health Care Services.--
            ``(1) In general.--The Director, in accordance with this 
        section and with such regulations as the Director shall 
        promulgate to carry out this section, may assess and collect a 
        fee for health care services provided in connection with each 
        health care visit requested by a prisoner.
            ``(2) Exclusion.--The Director may not assess or collect a 
        fee under this section for preventative health care services, 
        as determined by the Director.
    ``(c) Persons Subject to Fee.--Each fee assessed under this section 
shall be collected by the Director from the account of--
            ``(1) the prisoner receiving health care services in 
        connection with a health care visit described in subsection 
        (b)(1); or
            ``(2) in the case of health care services provided in 
        connection with a health care visit described in subsection 
        (b)(1) that results from an injury inflicted on a prisoner by 
        another prisoner, the prisoner who inflicted the injury, as 
        determined by the Director.
    ``(d) Amount of Fee.--Any fee assessed and collected under this 
section shall be in an amount of not less than $2.
    ``(e) No Consent Required.--Notwithstanding any other provision of 
law, the consent of a prisoner shall not be required for the collection 
of a fee from the account of the prisoner under this section.
    ``(f) No Refusal of Treatment for Financial Reasons.--Nothing in 
this section may be construed to permit any refusal of treatment to a 
prisoner on the basis that--
            ``(1) the account of the prisoner is insolvent; or
            ``(2) the prisoner is otherwise unable to pay a fee 
        assessed under this section.
    ``(g) Use of Amounts.--
            ``(1) Restitution to specific victims.--Amounts collected 
        by the Director under this section from a prisoner subject to 
        an order of restitution issued pursuant to section 3663 or 
        3663A shall be paid to victims in accordance with the order of 
        restitution.
            ``(2) Allocation of other amounts.--Of amounts collected by 
        the Director under this section from prisoners not subject to 
        an order of restitution issued pursuant to section 3663 or 
        3663A--
                    ``(A) 75 percent shall be deposited in the Crime 
                Victims Fund established under section 1402 of the 
                Victims of Crime Act of 1984 (42 U.S.C. 10601); and
                    ``(B) 25 percent shall be available to the Attorney 
                General for administrative expenses incurred in 
                carrying out this section.
    ``(h) Reports to Congress.--Not later than 2 years after the date 
of enactment of the Federal Prisoner Copayment Act of 1999, and 
annually thereafter, the Director shall submit to Congress a report, 
which shall include--
            ``(1) a description of the amounts collected under this 
        section during the preceding 24-month period; and
            ``(2) an analysis of the effects of the implementation of 
        this section, if any, on the nature and extent of heath care 
        visits by prisoners.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 303 of title 18, United States Code, as amended by 
        section 6505(b) of this subtitle, is amended by adding at the 
        end the following:

``4051. Fees for health care services for prisoners.''.
    (b) Health Care Fees For Federal Prisoners in Non-Federal 
Facilities.--Section 4013 of title 18, United States Code, is amended 
by adding at the end the following:
    ``(c) Health Care Fees for Federal Prisoners in Non-Federal 
Institutions.--Notwithstanding amounts paid under subsection (a)(3), a 
State or local government may assess and collect a reasonable fee from 
the trust fund account (or institutional equivalent) of a Federal 
prisoner for health care services, if--
            ``(1) the prisoner--
                    ``(A) is confined in a non-Federal institution 
                pursuant to an agreement between the Federal Government 
                and the State or local government; and
                    ``(B) is not indigent;
            ``(2) the fee--
                    ``(A) is authorized under State law; and
                    ``(B) does not exceed the amount collected from 
                State or local prisoners for the same services; and
            ``(3) the services--
                    ``(A) are provided within or outside of the 
                institution by a person who is licensed or certified 
                under State law to provide health care services and who 
                is operating within the scope of such license;
                    ``(B) are provided at the request of the prisoner; 
                and
                    ``(C) are not preventative health care services.''.

SEC. 6507. STUDY AND REPORT ON PROBATION AND SUPERVISED RELEASE.

    (a) Findings.--Congress finds that--
            (1) the probation service of the Federal courts serves as a 
        critical link in the Federal criminal justice system;
            (2) public safety and the credibility and integrity of the 
        criminal justice system depend on the close and adequate 
        supervision of Federal convicts sentenced to terms of probation 
        and supervised release;
            (3) presentencing reports prepared by Federal probation 
        officers form an important basis for the imposition of just and 
        adequate sentences on criminal defendants;
            (4) the recognition of the rights of victims in the 
        criminal justice system, including the right to an order of 
        restitution from the defendant, depends on the work performed 
        by Federal probation officer; and
            (5) the increase in Federal criminal cases and the 
        imposition of additional duties on Federal probation officers 
        require an evaluation of the resources and workload of the 
        probation service of the courts to ensure the public safety, 
        the recognition of victims' rights, and the smooth 
        administration of justice in the Federal courts.
    (b) Study and Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the Administrative 
        Office of the United States Courts shall submit to the Chief 
        Justice of the United States, the Attorney General, the 
        Committees on the Judiciary of the Senate and the House of 
        Representatives, and the Committees on Appropriations of the 
        Senate and the House of Representatives, a report on the 
        resources of the probation service of the Federal courts.
            (2) Contents of report.--The report submitted under 
        paragraph (1) shall include--
                    (A) an analysis of the workload of the Federal 
                probation service, including--
                            (i) the average number of persons 
                        supervised by each Federal probation officer;
                            (ii) the average annual number of 
                        presentence reports made by each Federal 
                        probation officer; and
                            (iii) the average annual number of victim 
                        restitution cases handled by each Federal 
                        probation officer; and
                    (B) recommendations on--
                            (i) the resources needed by the probation 
                        service to meet its increasing duties and to 
                        adequately supervise defendants sentenced to 
                        probation or terms of supervised release;
                            (ii) means by which to improve the 
                        consistency and reliability of the imposition 
                        and enforcement of orders of restitution in 
                        Federal criminal cases; and
                            (iii) other means by which to expeditiously 
                        improve the functioning of the probation 
                        service of the Federal courts in order to--
                                    (I) ensure the close and adequate 
                                supervision of defendants sentenced to 
                                probation or terms of supervised 
                                release for the public safety;
                                    (II) improve the recognition of 
                                victims' rights in the criminal justice 
                                system; and
                                    (III) enhance the smooth 
                                administration of justice in the 
                                Federal courts.

SEC. 6508. MEDICARE RATE ENFORCEMENT MECHANISM.

    Section 1866(a)(1) of the Social Security Act (42 U.S.C. 
1395cc(a)(1)) is amended--
            (1) in subparagraph (R), by inserting a comma at the end;
            (2) in subparagraph (S)(iii), by striking the period at the 
        end and inserting ``, and''; and
            (3) by inserting after subparagraph (S)(iii) the following:
            ``(T) to be a participating provider of medical care for 
        prisoners and detainees in the custody of the Attorney General, 
        in accordance with the practices, payment methodology, and 
        amounts prescribed under regulations issued by the Attorney 
        General.''.

SEC. 6509. MEDICAL QUALITY ASSURANCE RECORDS.

    (a) In General.--Chapter 303 of title 18, United States Code, as 
amended by section 6506(a)(1) of this subtitle, is amended by adding at 
the end the following:
``Sec. 4052. Confidentiality of medical quality assurance records
    ``(a) Definitions.--In this section:
            ``(1) Health care provider.--The term `health care 
        provider' means any health care professional who is authorized 
        by the Bureau of Prisons or any granting authority to provide 
        health care services.
            ``(2) Medical quality assurance program.--The term `medical 
        quality assurance program' means any activity carried out by or 
        for the Bureau of Prisons to assess the quality of medical 
        care, including activities conducted by individuals, medical or 
        dental treatment facility committees, or other review bodies 
        responsible for quality assurance, credentials, infection 
        control, patient care assessment (including treatment 
        procedures, blood, drugs, and therapeutics), medical records, 
        health resources management review and identification, and 
prevention of medical or dental incidents and risks.
            ``(3) Medical quality assurance record.--The term `medical 
        quality assurance record' means the proceedings, records, 
        minutes, and reports, including internal agency documents, that 
        emanate from or refer to quality assurance program activities 
        described in paragraph (1) and are produced or compiled by the 
        Bureau of Prisons as part of a medical quality assurance 
        program.
    ``(b) Confidentiality of Records.--Medical quality assurance 
records created by or for the Bureau of Prisons as part of a medical 
quality assurance program are confidential and privileged. Such records 
may not be disclosed to any person or entity, except as provided in 
subsection (d).
    ``(c) Prohibition on Disclosure and Testimony.--
            ``(1) In general.--No part of any medical quality assurance 
        record described in subsection (b) may be subject to discovery 
        or admitted into evidence in any judicial or administrative 
        proceeding, except as provided in subsection (d).
            ``(2) Persons reviewing records.--A person who reviews or 
        creates medical quality assurance records for the Bureau of 
        Prisons or who participates in any proceeding for the purpose 
        of reviewing or creating such records may not be permitted or 
        required to testify in any judicial or administrative 
        proceeding with respect to such records or with respect to any 
        finding, recommendation, evaluation, opinion, or action taken 
        by such person or body in connection with such records except 
        as provided in this section.
    ``(d) Authorized Disclosure.--
            ``(1) In general.--Subject to paragraph (2), a medical 
        quality assurance record described in subsection (b) may be 
        disclosed, and a person referred to in subsection (c) may give 
        testimony in connection with such a record, only--
                    ``(A) to a Federal, State, or local law enforcement 
                officer, if the record is requested in connection with 
                a criminal investigation.
                    ``(B) to a criminal or civil law enforcement agency 
                or instrumentality charged under applicable law with 
                the protection of the public health or safety, if a 
                qualified representative of such agency or 
                instrumentality makes a written request that such 
                record or testimony be provided for a purpose 
                authorized by law.
                    ``(C) to health care personnel, to the extent 
                necessary to meet a medical emergency affecting the 
                health or safety of any individual; or
                    ``(D) to an officer or employee of the Bureau of 
                Prisons who has a need for such record or testimony to 
                perform official duties.
            ``(2) Deletion of certain information.--Except for a 
        disclosure under paragraph (1)(A), the name of and other 
        identifying information regarding any inmate receiving health 
        care services from the Bureau of Prisons, any Bureau of Prisons 
        employee or contractor, or any other individual associated with 
        the Bureau of Prisons for purposes of a medical quality 
        assurance program, contained in a medical quality assurance 
        record or document described in subsection (b), shall be 
        deleted from that record or document before any disclosure is 
        made under this subsection.
    ``(e) Disclosure for Certain Purposes.--Nothing in this section may 
be construed--
            ``(1) to authorize or require the withholding from any 
        person or entity aggregate statistical information regarding 
        the result of Bureau of Prisons medical quality assurance 
        programs.
            ``(2) to authorize the withholding of any medical quality 
        assurance record from a committee of the House of 
        Representatives or the Senate, any joint committee of Congress, 
        or the General Accounting Office, if such record pertains to 
        any matter within their respective jurisdictions.
    ``(f) Prohibition on Disclosure of Record or Testimony.--A person 
or entity having possession of or access to a record or testimony 
described by this section may not disclose the contents of such record 
in any manner or for any purpose except as provided in this section.
    ``(g) Exemption From Freedom of Information Act.--Medical quality 
assurance records described in subsection (b) may not be made available 
to any person under section 522 of title 5.
    ``(h) Limitation on Civil Liability.--A person who participates in 
or provides information to a person or body that reviews or creates 
medical quality assurance records described in subsection (b) shall not 
be civilly liable for such participation or for providing such 
information if the participation or provision of information was in 
good faith based on prevailing professional standards at the time the 
medical quality assurance program activity took place.
    ``(i) Application to Information in Certain Other Records.--Nothing 
in this section shall be construed as limiting access to the 
information in a record created and maintained outside a medical 
quality assurance program, including an inmate's medical records, on 
the ground that the information was presented during meetings of a 
review body that are part of a medical quality assurance program.
    ``(j) Regulations.--The Director of the Bureau of Prisons may 
prescribe regulations to implement this section.
    ``(k) Penalties.--Any person who willfully discloses a medical 
quality assurance record other than as provided in this section, 
knowing that such record is a medical quality assurance record, shall 
be fined not more than $5,000 in the case of a first offense and not 
more than $20,000 in the case of a subsequent offense.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
303 of title 18, United States Code, as amended by section 6506(a)(2) 
is amended by adding at the end the following:

``4052. Confidentiality of medical quality assurance records.''.

SEC. 6510. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.

    (a) In General.--Section 4043 of title 18, United States Code, is 
amended to read as follows:
``Sec. 4043. Prison Commissary Administration
    ``(a) The Director of the Bureau of Prisons may establish, operate, 
and maintain commissaries in Federal penal or correctional facilities, 
from and through which articles and services may be procured, sold, 
rendered, or otherwise provided or made available for the benefit of 
inmates confined within those facilities. Only those articles or 
services authorized by the Director of the Bureau of Prisons may be 
procured from or through prison commissaries for the use of inmates.
    ``(b) There is established in the Treasury of the United States a 
revolving fund to be known as the Prison Commissary Fund, which shall 
be available to the Bureau of Prisons without fiscal year limitation to 
carry out the purposes, functions, and powers authorized by this 
section. Funds currently on deposit in the ``Commissary funds, Federal 
prisons'' account of the Treasury shall be transferred to the Prison 
Commissary Fund.
    ``(c) The Director of the Bureau of Prisons may accept gifts or 
bequests of money for credit to the Fund. The Director may also accept 
gifts or bequests of other property, real or personal, for use or other 
disposition by the Bureau of Prisons. A gift or bequest under this 
section is a gift or bequest to or for the use of the United States 
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
    ``(d) Amounts in the Prison Commissary Fund that are not needed for 
operations shall be kept on deposit or invested in obligations of, or 
guaranteed by, the United States and all earnings on such investments 
shall be deposited in the Prison Commissary Fund.
    ``(e) There shall be deposited in the Fund, subject to withdrawal 
by the Bureau of Prisons--
            ``(1) revenues received from the sale of articles through 
        prison commissaries;
            ``(2) revenues received from services rendered by prison 
        commissaries;
            ``(3) a gift or bequest of money for credit to the Fund;
            ``(4) proceeds from the sale or disposal of donated 
        property, real or personal, for credit to the Fund; and
            ``(5) earnings or interest that may be derived from 
        investments of the Fund.
    ``(f)(1) The Fund shall be available for the payment of any 
expenses incurred by the Bureau of Prisons in establishing, operating, 
and maintaining prison commissaries, including the employment of 
personnel, the purchase of equipment, security-related or otherwise, 
and those expenses incurred in the provision of articles or services 
procured, sold, rendered, or otherwise provided or made available to 
inmates.
    ``(2) The Director of the Bureau of Prisons may use amounts from 
the Prison Commissary Fund for any purpose, including expenditures for 
programs, goods, and services, that benefits the general welfare of 
inmates. No inmate shall be entitled to any portion of the Fund.
    ``(g) Employees compensated by or through the Prison Commissary 
Fund may be assigned additional duties other than those directly 
related to commissary activities.
    ``(h) The provisions of sections 554 and 555 and 701 through 706 of 
title 5, United States Code, do not apply to the making of any 
determination, decision, or order under this section.''.
    (b) Technical and Conforming Amendment.--Section 1321(a) of title 
31, United States Code, is amended by striking ``Commissary funds, 
Federal prisons''.

SEC. 6511. MEDICAL PAY ALLOWANCE.

    (a) In General.--Chapter 59 of title 5, United States Code, is 
amended by adding after section 5948 the following:
``Sec. 5949. Physician assistants and nurse practitioners comparability 
              allowances
    ``(a) Notwithstanding any other provision of law, and in order to 
recruit and retain highly qualified physician assistants and nurse 
practitioners, the Director of the Bureau of Prisons, subject to the 
provisions of this section, section 5307, and such regulations as may 
be prescribed to carry out this section, may enter into a service 
agreement with a physician assistant or nurse practitioner that 
provides for the completion of a specified period of service in the 
Bureau of Prisons in return for an allowance for the duration of such 
agreement in an amount to be determined by the Director and specified 
in the agreement, but not to exceed $20,000 per annum.
    ``(b) An allowance may not be paid pursuant to this section to any 
physician assistant or nurse practitioner who--
            ``(1) is employed on less than a half-time or intermittent 
        basis;
            ``(2) occupies an internship or residency training 
        position;
            ``(3) is a reemployed annuitant; or
            ``(4) is fulfilling a scholarship obligation.
    ``(c) The amount of each allowance shall be determined by the 
Director, subject to such regulations, criteria, and conditions as may 
be prescribed.
    ``(d) Any agreement entered into by a physician assistant or nurse 
practitioner under this section shall be for a period of 1 year of 
service in the Bureau of Prisons unless the physician assistant or 
nurse practitioner requests an agreement for a longer period of 
service. No agreement shall be entered into under this section later 
than September 30, 2002, nor shall any agreement cover a period of 
service extending beyond September 30, 2004.
    ``(e) Unless otherwise provided for in the agreement under 
subsection (f) of this section, an agreement under this section shall 
provide that the physician assistant or nurse practitioner, in the 
event that such individual voluntarily, or because of misconduct, fails 
to complete at least 1 year of service pursuant to such agreement, 
shall be required to refund the total amount received under this 
section, unless the Director, pursuant to such regulations as may be 
prescribed under this section, determines that such failure is 
necessitated by circumstances beyond the control of the physician 
assistant or nurse practitioner.
    ``(f) Any agreement under this section shall specify the terms 
under which the Director and the physician assistant or nurse 
practitioner may elect to terminate such agreement, and the amounts, if 
any, required to be refunded by the physician assistant or nurse 
practitioner for each reason for termination.
    ``(g) In this section, `physician assistant or nurse practitioner' 
means any individual employed as a physician assistant, who holds a 
State license, or as a nurse practitioner, who holds a State license, 
who is paid under--
            ``(1) section 5332, relating to the General Schedule;
            ``(2) section 5371, relating to certain health care 
        positions; or
            ``(3) section 5305.
    ``(h)(1) Any allowance paid under this section shall not be 
considered as basic pay for the purposes of subchapter VI and section 
5595 of chapter 55, chapter 81, 83, or 87 of this title, or other 
benefits related to basic pay.
    ``(2) Any allowance under this section for a physician assistant or 
nurse practitioner shall be paid in the same manner and at the same 
time as the physician assistant's or nurse practitioner's basic pay is 
paid.''.
    (b) Technical and Conforming Amendments.--
            (1) Limitation.--Section 5307(a)(2)(C) of title 5, United 
        States Code, is amended by striking ``or 5948'' and inserting 
        ``5948, or 5949''.
            (2) Chapter analysis.--The analysis for chapter 59 of title 
        5, United States Code, is amended by adding at the end the 
        following:

``5949. Physician assistants and nurse practitioners comparability 
                            allowances.''.

SEC. 6512. JUDICIAL DISTRICT DESIGNATION.

    Section 113 of title 28, United States Code, is amended by striking 
``Federal Correctional Institution, Butner'' each place that term 
appears and inserting ``Federal Correctional Complex, Butner''.

SEC. 6513. OFFENSES INVOLVING INDIVIDUALS IN CUSTODY.

    (a) Sexual Abuse Offenses.--Chapter 109A of title 18, United States 
Code, is amended--
            (1) by inserting ``or, with respect to any person in the 
        custody of the Bureau of Prisons or the Attorney General or 
        confined in any institution or facility by direction of the 
        Attorney General'' after ``in a Federal prison,'' each place it 
        appears;
            (2) in section 2243(b), by striking ``one year'' and 
        inserting ``3 years'';
            (3) in section 2244(a)(4), by striking ``six months'' and 
        inserting ``2 years''; and
            (4) in section 2244(b), by striking ``six months'' and 
        inserting ``2 years''.
    (b) Assault.--Section 113(a) of title 18, United States Code, is 
amended by inserting ``or, with respect to any person in the custody of 
the Bureau of Prisons or the Attorney General or confined in any 
institution or facility by direction of the Attorney General,'' after 
``within the special maritime and territorial jurisdiction of the 
United States,''.
    (c) Murder by a Federal Prisoner.--Section 1118(a) of title 18, 
United States Code, is amended by inserting ``or in the custody of the 
Bureau of Prisons or the Attorney General or confined in any 
institution or facility by direction of the Attorney General,'' after 
``Federal correctional institution''.

SEC. 6514. PRISON CREDIT AND AGING PRISONER REFORM.

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

SEC. 6515. AUTHORIZATION OF VIDEO TELECONFERENCING FOR CERTAIN 
              PROCEEDINGS.

    Rule 43(c) of the Federal Rules of Criminal Procedure is amended--
            (1) in paragraph (3) by striking ``or'' after the 
        semicolon;
            (2) in paragraph (4) by striking the period and inserting a 
        semicolon and ``or''; and
            (3) by adding at the end the following:
            ``(5) when--
                    ``(A) the proceeding is the initial appearance, 
                arraignment, taking of the plea, other pretrial 
                session, or the sentencing hearing; and
                    ``(B)(i) the defendant, in writing, waives the 
                right to be present in court; or
                    ``(ii) the court finds, for good cause shown in 
                exceptional circumstances and upon appropriate 
                safeguards, that communication with a defendant (who is 
                not physically present before the court) by video 
                teleconferencing is an adequate substitute for the 
                defendant's physical presence.''.

               Subtitle F--United States Marshals Service

SEC. 6601. FEDERAL JUDICIARY SECURITY.

    Section 566(e)(1) of title 28, United States Code, is amended by 
striking subparagraph (A) and inserting the following:
                    ``(A) provide for the personal protection of, and 
                residential security for, Federal jurists and provide 
                for the personal protection of court officers, 
                witnesses, and other threatened persons in the 
                interests of justice where criminal intimidation 
                impedes the functioning of the judicial process or any 
                other official proceeding; and''.

SEC. 6602. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

    (a) In General.--Chapter 49 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. l075. Administrative subpoenas to apprehend fugitives
    ``(a) In this section--
            ``(1) the term `fugitive' means a person who--
                    ``(A) having been accused by complaint, 
                information, or indictment under Federal law or having 
                been convicted of committing a felony under Federal 
                law, flees or attempts to flee from or evades or 
                attempts to evade the jurisdiction of the court with 
                jurisdiction over the felony;
                    ``(B) having been accused by complaint, 
                information, or indictment (or equivalent document) 
                under State law or having been convicted of committing 
                a felony under State law, flees or attempts to flee 
                from, or evades or attempts to evade, the jurisdiction 
                of the court with jurisdiction over the felony;
                    ``(C) escapes from lawful Federal or State custody 
                after having been accused by complaint, information or 
                indictment (or equivalent document under State law) or 
                having been convicted of committing a felony under 
                Federal or State law; or
                    ``(D) is in violation of subparagraph (2) or (3) of 
                the first undesignated paragraph of section 1073;
            ``(2) the term `investigation' means, with respect to a 
        State fugitive described in subparagraph (B) or (C) of 
        paragraph (1), an investigation in which there is reason to 
        believe that the fugitive fled from or evaded, or attempted to 
        flee from or evade, the jurisdiction of the court, or escaped 
        from custody, in or affecting, or using any facility of, 
        interstate or foreign commerce, or as to whom an appropriate 
        law enforcement officer or official of a State or political 
        subdivision has requested the Attorney General to assist in the 
        investigation, and the Attorney General finds that the 
        particular circumstances of the request give rise to a Federal 
        interest sufficient for the exercise of Federal jurisdiction 
        pursuant to section 1075;
            ``(3) the term `State' means a State of the United States, 
        the District of Colombia, and any commonwealth, territory, or 
        possession of the United States; and
            ``(4) the term `relevant or material' means there are 
        articulable facts that show the fugitive's whereabouts may be 
        discerned from the records sought.
    ``(b) In any investigation with respect to the apprehension of a 
fugitive, the Attorney General may subpoena witnesses for the purpose 
of the production of any records (including books, papers, documents, 
electronic data, and other tangible and intangible items that 
constitute or contain evidence) that the Attorney General finds 
relevant or material in the investigation. The attendance of witnesses 
and the production of records may be required from any place in any 
State or other place subject to the jurisdiction of the United States 
at any designated place where the witness was served with a subpoena, 
except that a witness shall not be required to appear more than 500 
miles distant from the place where the witness was served. Witnesses 
summoned under this section shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States.
    ``(c) A subpoena issued under this section may be served by any 
person designated in the subpoena to serve it. Service upon a natural 
person may be made by personal delivery of the subpoena to that person 
or by certified mail with return receipt requested. Service may be made 
upon a domestic or foreign corporation or upon a partnership or other 
unincorporated association that is subject to suit under a common name, 
by delivering the subpoena to an officer, to a managing or general 
agent, or to any other agent authorized by appointment or by law to 
receive service of process. The affidavit of the person serving the 
subpoena entered on a true copy thereof by the person serving it shall 
be proof of service.
    ``(d) In the case of the contumacy by or refusal to obey a subpoena 
issued to any person, the Attorney General may invoke the aid of any 
court of the United States within the jurisdiction of which the 
investigation is carried on or of which the subpoenaed person is an 
inhabitant, or in which he carries on business or may be found, to 
compel compliance with the subpoena. The court may issue an order 
requiring the subpoenaed person to appear before the Attorney General 
to produce records if so ordered. Any failure to obey the order of the 
court may be punishable by the court as contempt thereof. All process 
in any such case may be served in any judicial district in which the 
person may be found.
    ``(e) This section shall be construed and applied in a manner 
consistent with section 2703 and with section 1102 of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3402).
    ``(f) The Attorney General may delegate the authorities provided in 
this section only pursuant to the issuance of formal guidelines.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
49 of title 18, United States Code, is amended by adding at the end the 
following:

``1075. Administrative subpoenas to apprehend fugitives.''.

SEC. 6603. PRISONER MEDICAL PAYMENT EFFICIENCY.

    (a) In General.--Section 4006 of title 18, United States Code, is 
amended to read as follows:
``Sec. 4006. Subsistence for prisoners
    ``The Attorney General shall acquire subsistence and medical care 
for persons in the custody of the United States Marshals Service at 
fair and reasonable prices.''.
    (b) Medical Expenses for Prisoners in the Custody of the United 
States Marshals Service.--
            (1) In general.--Chapter 301 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 4015. Allowable medical costs and expenses for Federal prisoners
    ``(a) In General.--Notwithstanding section 4013, funds available 
for the United States Marshals Service may be used to acquire medical 
care for persons in the custody of the United States Marshals Service 
at fair and reasonable prices.
    ``(b) Costs.--Without specific authorization from the Attorney 
General, the expenses incurred in the provision of medical care under 
this paragraph shall not exceed the costs and expenses charged in the 
provision of similar health care services paid pursuant to the medicare 
program under title XVII of the Social Security Act and the medicaid 
program under title XIX of such Act.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 301 of title 18, United States Code, is amended by 
        adding at the end the following:

``4015. Allowable medical costs and expenses for Federal prisoners.''.

SEC. 6604. SUBSISTENCE FOR PERSONS IN CUSTODY OF UNITED STATES 
              MARSHALS.

            (1) In general.--Chapter 301 of title 18, United States 
        Code, as amended by section 6603(b)(1) of this subtitle, is 
        amended by adding at the end the following:
``Sec. 4016. Subsistence for persons in custody
    ``Notwithstanding any other provision of law, the Attorney General 
shall acquire subsistence for persons in the custody of the United 
States Marshals Service at fair and reasonable prices.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 301 of title 18, United States Code, as amended by 
        section 6603(b)(2) of this subtitle, is amended by adding at 
        the end the following:

``4016. Subsistence for persons in custody.''.

SEC. 6605. AIR TRANSPORTATION FOR LAW ENFORCEMENT PURPOSES.

    Section 40102(a)(37) of title 49, United States Code, is amended--
            (1) in subparagraph (A), by striking ``but'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C);
            (3) by inserting after subparagraph (A) the following:
                    ``(B) includes a privately leased or rented 
                aircraft and crew, if the aircraft is operated for the 
                purpose of transporting prisoners or detainees; and''; 
                and
            (4) in the flush sentence at the end of subparagraph (C), 
        as redesignated, by striking ``if the unit of government on 
        whose behalf'' and all that follows before the period at the 
        end and inserting ``if the aircraft is used for purposes of law 
        enforcement, search and rescue, or responding to an imminent 
        threat to property or natural resources''.

       Subtitle G--Federal Prisoner and Criminal Alien Detention

SEC. 6701. MEETING LONG-TERM FEDERAL DETENTION NEEDS.

    (a) Long-Term Federal Detention Needs.--Section 4013 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(c) The Director of the United States Marshals Service--
            ``(1) may designate districts singly or in combination--
                    ``(A) experiencing or projected to experience a 
                severe shortage in the number of spaces for Federal 
                detainees; or
                    ``(B) experiencing or projected to experience high 
                growth in the number of Federal detainees; and
            ``(2) may enter into contracts or cooperative agreements 
        pursuant to subsection (a)(4) to meet the long-term detention 
        needs of the district or districts designated under paragraph 
        (1) of this subsection.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) for contracts or cooperative agreements under section 
        4013(a)(4) of title 18, United States Code--
                    (A) $50,000,000 for fiscal year 2000;
                    (B) $53,000,000 for fiscal year 2001; and
                    (C) $55,000,000 for fiscal year 2002; and
            (2) to carry out section 4013(c) of title 18, United States 
        Code, as added by subsection (a) of this section, $5,000,000 
        for each of fiscal years 2000 and 2001.

SEC. 6702. REPORT ON FEDERAL DETENTION SPACE SHORTAGE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives a report on detention space for Federal detainees in 
the custody of the United States Marshals Service and the Immigration 
and Naturalization Service.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall include--
            (1) 10-year projections for the detainee populations of the 
        United States Marshals Service and the Immigration and 
        Naturalization Service;
            (2) specific plans to ensure space is available to meet 
        projected needs;
            (3) specific plans to comply with detention and removal 
        requirements of the Immigration Reform Act of 1996; and
            (4) recommendations on the feasibility and advisability of 
        consolidating all detention activities of the Department of 
        Justice under 1 agency of the Department of Justice.

SEC. 6703. FAIRNESS IN BAIL BOND FORFEITURE.

    Rule 46(e)(1) of the Federal Rules of Criminal Procedure is amended 
by striking ``there is a breach of condition of'' and inserting ``the 
defendant fails to appear as required by''.

                  Subtitle H--Prison Litigation Reform

SEC. 6801. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) Transfer and Redesignation.--Section 3626 of title 18, United 
States Code, is--
            (1) transferred to the Civil Rights of Institutionalized 
        Persons Act (42 U.S.C. 1997 et seq.);
            (2) redesignated as section 13 of that Act; and
            (3) inserted after section 12 of that Act (42 U.S.C. 
        1997j).
    (b) Amendments.--Section 13 of the Civil Rights of 
Institutionalized Persons Act, as redesignated by subsection (a) of 
this section, is amended--
            (1) in subsection (b)(3), by adding at the end the 
        following: ``Noncompliance with an order for prospective relief 
        by any party, including the party seeking termination of that 
        order, shall not constitute grounds for refusal to terminate 
        the prospective relief, if the party's noncompliance does not 
        constitute a current and ongoing violation of a Federal 
        right.'';
            (2) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (3) by inserting after subsection (d) the following:
    ``(e) Procedure for Entering Prospective Relief.--
            ``(1) In general.--In any civil action with respect to 
        prison conditions, a court entering an order for prospective 
        relief shall enter written findings specifying--
                    ``(A) the Federal right the court finds to have 
                been violated;
                    ``(B) the facts establishing that violation;
                    ``(C) the particular plaintiff or plaintiffs who 
                suffered actual injury caused by that violation;
                    ``(D) the actions of each defendant that warrant 
                and require the entry of prospective relief against 
                that defendant;
                    ``(E) the reasons for which, in the absence of 
                prospective relief, each defendant as to whom the 
                relief is being entered will not take adequate measures 
                to correct the violation of the Federal right;
                    ``(F) the reasons for which no more narrowly drawn 
                or less intrusive prospective relief would correct the 
                current and ongoing violation of the Federal right; and
                    ``(G) the estimated impact of the prospective 
                relief on public safety and the operation of any 
                affected criminal justice system.
            ``(2) Conflict with state law.--If the prospective relief 
        ordered in any civil action with respect to prison conditions 
        requires or permits a government official to exceed his or her 
        authority under State or local law or otherwise violates State 
        law, the court shall, in addition to the findings required 
        under paragraph (1), enter findings regarding the reasons for 
        which--
                    ``(A) Federal law requires such relief to be 
                ordered in violation of State or local law;
                    ``(B) the specific relief is necessary to correct 
                the violation of a Federal right; and
                    ``(C) no other relief will correct the violation of 
                the Federal right.'';
            (4) in subsection (f), as redesignated--
                    (A) in paragraph (3), in the first sentence, by 
                inserting before the period at the end the following: 
                ``, including that the case requires the determination 
                of complex or novel questions of law, or that the court 
                plans to order or has ordered a hearing under paragraph 
                (5)(E) or discovery under paragraph (5)(F)''; and
                    (B) by adding at the end the following:
            ``(5) Termination of prospective relief.--
                    ``(A) Contents of answer to motion to terminate.--
                            ``(i) In general.--In the answer to the 
                        motion to terminate prospective relief, the 
                        plaintiff may oppose termination in accordance 
                        with this subparagraph, on the ground that the 
                        prospective relief remains necessary to correct 
                        a current and ongoing violation of a Federal 
                        right.
                            ``(ii) Relief entered before enactment of 
                        prison litigation reform act of 1995.--If the 
                        prospective relief sought to be terminated was 
                        entered before the date of enactment of the 
                        Prison Litigation Reform Act of 1995, the 
                        answer opposing termination under clause (i) 
                        shall allege--
                                    ``(I) the specific Federal right 
                                alleged to be the object of a current 
                                violation;
                                    ``(II) specific facts that, if 
                                true, would establish that current 
                                violation;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation;
                                    ``(IV) the actions of each named 
                                defendant that constitute that 
                                violation of the particular plaintiff's 
                                or plaintiffs' right;
                                    ``(V)(aa) the portion of the 
                                complaint or amended complaint filed 
                                prior to the original entry of the 
                                prospective relief sought to be 
                                retained that alleged the violation of 
                                that Federal right;
                                    ``(bb) the portion of the court 
                                order originally ordering the 
                                prospective relief that found the 
                                violation of that Federal right; or
                                    ``(cc) both the materials specified 
                                in items (aa) and (bb), if the 
                                violation of right was both alleged and 
                                established;
                                    ``(VI) the manner in which the 
                                current and ongoing violation can be 
                                remedied by maintaining the existing 
                                prospective relief; and
                                    ``(VII) the reasons for which, in 
                                the absence of prospective relief, each 
                                defendant as to whom the relief would 
                                be maintained would not take adequate 
                                measures to correct the violation of 
                                the Federal right.
                            ``(iii) Relief entered after enactment of 
                        prison litigation reform act of 1995.--If the 
                        prospective relief was entered after the date 
                        of enactment of the Prison Litigation Reform 
                        Act of 1995, the answer opposing termination 
                        under clause (i) shall allege--
                                    ``(I) the specific Federal right 
                                alleged to be the object of a current 
                                violation;
                                    ``(II) specific facts that, if 
                                true, would establish that current 
                                violation;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation;
                                    ``(IV) the current actions of each 
                                named defendant that constitute that 
                                violation of the particular plaintiff's 
                                or plaintiffs' right;
                                    ``(V) the findings required by 
                                subsection (e) made by the court at the 
                                time of the original entry of the 
                                prospective relief that established 
                                that the right had been violated and 
                                that the prospective relief was 
                                necessary to correct the violation;
                                    ``(VI) the manner in which the 
                                current and ongoing violation can be 
                                remedied by maintaining the existing 
                                prospective relief; and
                                    ``(VII) the reasons for which, in 
                                the absence of prospective relief, each 
                                defendant as to whom the relief would 
                                be maintained would not take adequate 
                                measures to correct the violation of 
                                the Federal right.
                            ``(iv) The answer shall be accompanied by 
                        affidavits, references to the record, and any 
                        other materials on which the plaintiff relies 
                        to support the allegations required to be 
                        contained in the answer under clause (ii) or 
                        (iii).
                    ``(B) Contents of response to answer.--
                            ``(i) In general.--If the defendant 
                        disputes plaintiff's factual allegations, 
                        defendant shall file a response to the answer 
                        setting forth the factual allegations the 
                        defendant challenges.
                            ``(ii) Additional requirements.--In any 
                        case in which the defendant seeks termination 
                        of the relief on the ground that it is not 
                        narrowly tailored, overly intrusive, or poses 
                        too great a burden on public safety or the 
                        operation of a criminal justice system, or that 
                        it requires the defendant to violate State or 
                        local law without meeting the requirements of 
                        subsection (a)(1)(B)--
                                    ``(I) the defendant shall set forth 
                                the factual basis for these claims in 
                                its response; and
                                    ``(II) the defendant shall also set 
                                forth alternative relief that would 
                                correct the violation of the Federal 
                                right and that is more narrowly 
                                tailored, less intrusive, less 
                                burdensome to public safety or the 
                                operation of the affected criminal 
                                justice system, or does not require a 
                                violation of State or local law.
                            ``(iii) Supporting documentation.--The 
                        defendant's response shall be accompanied by 
                        affidavits, references to the record, and any 
                        other materials on which the defendant relies 
                        to support its challenge to the plaintiff's 
                        factual allegations or the factual basis for 
                        its claims regarding the propriety or scope of 
                        the relief.
                    ``(C) Burden of persuasion.--The plaintiff shall 
                have the burden of persuasion with respect to each 
                point required to be contained in the answer. The 
                defendant shall have the burden of persuasion with 
                respect to whether the relief extends further than 
                necessary to correct the violation of the Federal 
                right, is not narrowly drawn nor the least intrusive 
                means to correct the violation of the Federal right, 
                excessively burdens public safety or the operation of a 
                prison system, or requires the defendant to violate 
                State or local law without meeting the requirements of 
                subsection (a)(1)(B).
                    ``(D) Summary determination.--The court shall grant 
                the motion to terminate if the plaintiff's answer fails 
                to satisfy the requirements of subparagraph (A) or if 
                the materials accompanying the plaintiff's answer 
                together with the materials accompanying the 
                defendant's response fail to carry the plaintiff's 
                burden of persuasion or fail to create a genuine issue 
                of material fact regarding whether the relief should be 
                maintained.
                    ``(E) Evidentiary hearing.--If the court determines 
                that there is a genuine issue of material fact that 
                precludes it from making a summary determination 
                concerning the motion on the basis of the materials 
                filed by the parties, the court may conduct a limited 
                evidentiary hearing to resolve any disputed material 
                facts identified by the court.
                    ``(F) Discovery.--If the court determines that the 
                plaintiff's answer meets the requirements of paragraph 
                (5)(A), that there are genuine issues of material fact 
                that preclude it from making a summary determination 
                concerning the motion based on the material filed by 
                the parties, and that discovery would assist in 
                resolving these issues, the court may permit limited, 
                narrowly tailored, and expeditious discovery relating 
                to the disputed material facts identified by the court.
                    ``(G) Findings.--
                            ``(i) In general.--If the court denies the 
                        motion to terminate prospective relief, the 
                        court shall enter written findings specifying--
                                    ``(I) the Federal right the court 
                                finds to be currently violated;
                                    ``(II) the facts establishing that 
                                the violation is continuing to occur;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation;
                                    ``(IV) the actions of each 
                                defendant that warrant and require the 
                                continuation of the prospective relief 
                                against that defendant;
                                    ``(V) the reasons for which, in the 
                                absence of continued prospective 
                                relief, each defendant as to whom the 
                                relief is continued will not take 
                                adequate measures to correct the 
                                violation of the Federal right;
                                    ``(VI) the reasons for which no 
                                more narrowly drawn or less intrusive 
                                prospective relief would correct the 
                                current and ongoing violation of the 
                                Federal right;
                                    ``(VII) the impact of the 
                                prospective relief on public safety and 
                                the operation of any affected criminal 
                                justice system; and
                                    ``(VIII) if the prospective relief 
                                requires the defendant to violate State 
                                or local law, the reasons for which--
                                            ``(aa) Federal law requires 
                                        the continuation of relief that 
                                        violates State or local law;
                                            ``(bb) the specific relief 
                                        is necessary to correct the 
                                        violation of a Federal right; 
                                        and
                                            ``(cc) no other relief will 
                                        correct the violation of the 
                                        Federal right.
                            ``(ii) Requirements for motions ordered 
                        before enactment of prison litigation reform 
                        act of 1995.--In the case of a motion to 
                        terminate prospective relief entered before the 
                        date of enactment of the Prison Litigation 
                        Reform Act of 1995, in addition to the 
                        requirements of clause (i), the court's written 
                        findings shall also specify--
                                    ``(I)(aa) the portion of the 
                                complaint or amended complaint that 
                                previously alleged that violation of 
                                Federal right;
                                    ``(bb) the findings the court made 
                                at the time it originally entered the 
                                prospective relief concerning that 
                                violation of Federal right; or
                                    ``(cc) both the findings specified 
                                in items (aa) and (bb), if the 
                                violation was originally both alleged 
and established; and
                                    ``(II) the prospective relief 
                                previously ordered to remedy that 
                                violation.
                            ``(iii) Requirements for motions ordered 
                        after enactment of prison litigation reform act 
                        of 1995.--In the case of a motion to terminate 
                        prospective relief originally ordered after the 
                        date of enactment of the Prison Litigation 
                        Reform Act of 1995, in addition to the 
                        requirements of clause (i), the court shall 
                        also enter written findings specifying--
                                    ``(I) the findings required by 
                                subsection (e) made by the court at the 
                                time the relief was originally entered 
                                establishing that violation of Federal 
                                right; and
                                    ``(II) the prospective relief 
                                previously ordered to remedy that 
                                violation.'';
            (5) in subsection (g), as redesignated--
                    (A) by striking the subsection designation and 
                heading and inserting the following:
    ``(g) Special Masters for Civil Actions With Respect to Prison 
Conditions.--'';
                    (B) in paragraph (1)(B), by striking ``under this 
                subsection'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``institution''; and
                            (ii) by adding at the end the following:
            ``(D) Applicability.--
                    ``(i) In general.--This paragraph shall not apply 
                to any special master appointed before the date of 
                enactment of the Prison Litigation Reform Act of 1995, 
                unless their original appointment expires on or after 
                that date of enactment.
                    ``(ii) Special masters covered.--This paragraph 
                applies to all special masters appointed or reappointed 
                after the date of enactment of the Prison Litigation 
                Reform Act of 1995, regardless of the cause of the 
                expiration of any initial appointment.'';
                    (D) in paragraph (3), by striking ``under this 
                subsection'';
                    (E) in paragraph (4)--
                            (i) by striking ``under this section'';
                            (ii) by inserting ``(A)'' after ``(4)'';
                            (iii) in subparagraph (A), as so 
                        designated, by adding at the end the following: 
                        ``In no event shall a court require a party to 
                        pay the compensation, expenses, or costs of the 
                        special master. Notwithstanding any other 
                        provision of law (including section 306 of the 
                        Act entitled `An Act making appropriations for 
                        the Departments of Commerce, Justice, and 
                        State, the Judiciary, and related agencies for 
                        the fiscal year ending September 30, 1997,' 
                        contained in section 101(a) of title I of 
                        division A of the Act entitled `An Act making 
                        omnibus consolidated appropriations for the 
                        fiscal year ending September 30, 1997' (110 
                        Stat. 3009201)) and except as provided in 
                        subparagraph (B), the requirement under the 
                        preceding sentence shall apply to the 
                        compensation and payment of expenses or costs 
                        of a special master for any action that is 
                        commenced before, on, or after the date of 
                        enactment of the Prison Litigation Reform Act 
                        of 1995.''; and
                            (iv) by adding at the end the following:
                    ``(B) The payment requirements under subparagraph 
                (A) shall not apply to the payment of a special master 
                who was appointed before the date of enactment of the 
                Prison Litigation Reform Act of 1995 (110 Stat. 1321165 
                et seq.) of compensation, expenses, or costs relating 
                to activities of the special master under this 
                subsection that were carried out during the period 
                beginning on the date of enactment of the Prison 
                Litigation Reform Act of 1995 and ending on the date of 
                enactment of this subparagraph.'';
                    (F) in paragraph (5), by striking from ``In any 
                civil action'' and all that follows through 
                ``subsection, the'' and inserting ``The''; and
                    (G) in paragraph (6)--
                            (i) by striking ``appointed under this 
                        subsection'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) may be authorized by a court to conduct 
                hearings on the record, and shall make any findings 
                based on the record as a whole;'';
                            (iii) in subparagraph (B), by striking 
                        ``communications;'' and inserting ``engage in 
                        any communications ex parte; and''; and
                            (iv) by striking subparagraph (C) and 
                        redesignating subparagraph (D) as subparagraph 
                        (C); and
            (6) in subsection (h), as redesignated--
                    (A) in paragraph (1), by striking ``settlements'' 
                and inserting ``settlement agreements'';
                    (B) in paragraph (3)--
                            (i) by inserting ``Federal, State, local, 
                        or other'' before ``facility'';
                            (ii) by striking ``violations'' and 
                        inserting ``a violation'';
                            (iii) by striking ``terms and conditions'' 
                        and inserting ``terms or conditions''; and
                            (iv) by inserting ``or other post-
                        conviction conditional or supervised release,'' 
                        after ``probation,'';
                    (C) in paragraph (5), by striking ``or local 
                facility'' and inserting ``local, or other facility'';
                    (D) in paragraph (8) by striking ``inherent'';
                    (E) in paragraph (9), by striking the period at the 
                end and inserting a semicolon;
                    (F) by adding at the end the following:
            ``(10) the term `violation of a Federal right'--
                    ``(A) means a violation of a Federal constitutional 
                or Federal statutory right;
                    ``(B) does not include a violation of a court order 
                that is not independently a violation of a Federal 
                statutory or Federal constitutional right; and
                    ``(C) shall not be interpreted to expand the 
                authority of any individual or class to enforce the 
                legal rights that individual or class may have pursuant 
                to existing law with regard to institutionalized 
                persons, or to expand the authority of the United 
                States to enforce those rights on behalf of any 
                individual or class.''; and
                    (G) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (8), respectively, and inserting 
                paragraph (9), as redesignated, after paragraph (8), as 
                redesignated.
    (c) Technical and Conforming Amendments.--
            (1) In general.--Chapter 229 of title 18, United States 
        Code, is amended by redesignating section 3627, as added by 
        section 5105(b) of this Act, as section 3626.
            (2) Chapter analysis.--The analysis for subchapter C of 
        chapter 229 of title 18, United States Code, is amended--
                    (A) by striking the item relating to section 3626; 
                and
                    (B) by redesignating the item relating to section 
                3627, as added by section 5105(b) of this Act, as an 
                item relating to section 3626.

SEC. 6802. LIMITATION ON FEES.

    Section 7 of the Civil Rights of Institutionalized Persons Act (42 
U.S.C. 1997e) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``any action brought by a 
                        prisoner who is confined in any jail, prison, 
                        or other correctional facility'' and inserting 
                        ``any civil action with respect to prison 
                        conditions brought by a plaintiff who is or who 
                        has been confined in any prison'';
                            (ii) by inserting ``or other provision of 
                        Federal law'' after (42 U.S.C. 1988)''; and
                            (iii) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) the fee was directly and reasonably incurred 
                in--
                            ``(i) proving an actual violation of the 
                        plaintiff's Federal rights that resulted in an 
                        order for relief;
                            ``(ii) successfully obtaining contempt 
                        sanctions for a violation of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 13, if the plaintiff made a 
                        good faith effort to resolve the matter without 
                        court action; or
                            ``(iii) successfully obtaining court 
                        ordered enforcement of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 13, if the enforcement order 
                        was necessary to prevent an imminent risk of 
                        serious bodily injury to the plaintiff and the 
                        plaintiff made a good faith attempt to resolve 
                        the matter without court action; and
                    ``(B) the amount of the fee is proportionately 
                related to the court ordered relief for the 
                violation.'';
                    (B) in paragraph (2), by striking the last sentence 
                and inserting ``If a monetary judgment is the sole or 
                principal relief awarded, the award of attorney's fees 
                shall not exceed 100 percent of the judgment.'';
                    (C) in paragraph (3)--
                            (i) by striking ``greater than 150 
                        percent'' and inserting ``greater than the 
                        lesser of--
                    ``(A) 100 percent''; and
                            (ii) by striking ``counsel.'' and inserting 
                        ``counsel; or
                    ``(B) a rate of $100 per hour.''; and
                    (D) in paragraph (4), by striking ``prisoner'' and 
                inserting ``plaintiff'';
            (2) in subsection (e), by striking ``Federal civil action'' 
        and inserting ``civil action arising under Federal law'' and by 
        striking ``prisoner confined in a jail, prison, or other 
        correctional facility'' and inserting ``prisoner who is or has 
        been confined in any prison'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``action brought 
                with respect to prison conditions'' and inserting 
                ``civil action with respect to prison conditions 
                brought'' and by striking ``jail, prison, or other 
                correctional facility'' and inserting ``prison''; and
                    (B) in paragraph (2), by striking ``facility'' and 
                inserting ``prison''; and
            (4) by striking subsections (g) and (h) and inserting the 
        following:
    ``(g) Waiver of Response.--Any defendant may waive the right to 
respond to any complaint in any civil action arising under Federal law 
brought by a prisoner. Notwithstanding any other law or rule of 
procedure, such waiver shall not constitute an admission of the 
allegations contained in the complaint or waive any affirmative defense 
available to the defendant. No relief shall be granted to the plaintiff 
unless a response has been filed. The court may direct any defendant to 
file a response to the cognizable claims identified by the court. The 
court shall specify as to each named defendant the applicable 
cognizable claims.
    ``(h) Definitions.--In this section, the terms `civil action with 
respect to prison conditions', `prison', and `prisoner' have the 
meanings given the terms in section 13(h).''.

SEC. 6803. NOTICE OF MALICIOUS FILINGS.

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended--
            (1) in section 1915A(c)--
                    (A) by striking ``(c) Definition.--As used in this 
                section'' and inserting the following:
``Sec. 1915C. Definition
    ``In sections 1915A and 1915B'';
                    (B) by inserting ``Federal, State, local, or 
                other'' before ``facility'';
                    (C) by striking ``violations'' and inserting ``a 
                violation'';
                    (D) by striking ``terms and conditions'' and 
                inserting ``terms or conditions''; and
                    (E) by inserting ``or other post-conviction 
                conditional or supervised release,'' after 
                ``probation,''; and
            (2) by inserting after section 1915A the following:
``Sec. 1915B. Notice to State authorities of finding of malicious 
              filing by a prisoner
    ``(a) Finding.--In any civil action brought in Federal court by a 
prisoner (other than a prisoner confined in a Federal correctional 
facility), the court may, on its own motion or the motion of any 
adverse party, make a finding whether--
            ``(1) the claim was filed for a malicious purpose;
            ``(2) the claim was filed to harass the party against which 
        it was filed; or
            ``(3) the claimant testified falsely or otherwise knowingly 
        presented false allegations, pleadings, evidence, or 
        information to the court.
    ``(b) Transmission of Finding.--The court shall transmit to the 
State Department of Corrections or other appropriate authority any 
affirmative finding under subsection (a). If the court makes such a 
finding, the Department of Corrections or other appropriate authority 
may, pursuant to State or local law--
            ``(1) revoke such amount of good time credit or the 
        institutional equivalent accrued to the prisoner as is deemed 
        appropriate; or
            ``(2) consider such finding in determining whether the 
        prisoner should be released from prison under any other State 
        or local program governing the release of prisoners, including 
        parole, probation, other post-conviction or supervised release, 
        or diversionary program.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
123 of title 28, United States Code, is amended by inserting after the 
item relating to section 1915A the following:

``1915B. Notice to State authorities of finding of malicious filing by 
                            prisoner.
``1915C. Definition.''.

SEC. 6804. LIMITATION ON PRISONER RELEASE ORDERS.

    (a) In General--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1632. Limitation on prisoner release orders
    ``(a) In General.--Notwithstanding section 13 of the Civil Rights 
of Institutionalized Persons Act or any other provision of law, in a 
civil action with respect to prison conditions, no court of the United 
States or other court defined under section 610 shall have jurisdiction 
to enter or carry out any prisoner release order that would result in 
the release from or nonadmission to a prison, on the basis of prison 
conditions, of any person subject to incarceration, detention, or 
admission to a facility because of--
            ``(1) a conviction of a felony under the laws of the 
        relevant jurisdiction; or
            ``(2) a violation of the terms or conditions of parole, 
        probation, pretrial release, or a diversionary program, 
        relating to the commission of a felony under the laws of the 
        relevant jurisdiction.
    ``(b) Definitions.--In this section--
            ``(1) the terms `civil action with respect to prison 
        conditions', `prisoner', `prisoner release order', and `prison' 
        have the meanings given those terms in section 13(h) of the 
        Civil Rights of Institutionalized Persons Act; and
            ``(2) the term `prison conditions' means conditions of 
        confinement or the effects of actions by government officials 
        on the lives of persons confined in prison.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
99 of title 28, United States Code, is amended by adding at the end the 
following:

``1632. 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.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``the government and the defendant (or defendants jointly) 
are each entitled to 10 peremptory challenges''.

SEC. 7102. JURY TRIAL IMPROVEMENTS.

    (a) Juries of 6.--
            (1) In general.--Rule 23(b) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) by striking ``Jury of Less Than Twelve. 
                Juries'' and inserting the following:
    ``(b) Number of Jurors.--
            ``(1) In general.--Except as provided in subsection (2), 
        juries''; and
                    (B) by adding at the end the following:
            ``(2) Juries of 6.--Juries may be of 6 on request in 
        writing by the defendant with the approval of the court and the 
        consent of the government.''.
            (2) Alternate jurors.--Rule 24(c) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) by striking ``In a case'' and inserting the 
                following:
            ``(1) In general.--In a case''; and
                    (B) by adding at the end the following:
            ``(2) Juries of 6.--In the case of a jury of 6, the court 
        shall direct that not more than 3 jurors in addition to the 
        regular jury be called and impanelled to sit as alternate 
        jurors.''.
    (b) Capital Cases.--Section 3593(b) of title 18, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) by redesignating subparagraphs (A) through (D) as 
        clauses (i) through (iv), respectively, and indenting 
        appropriately;
            (3) in the first sentence, by striking ``If the attorney'' 
        and inserting the following:
            ``(1) In general.--If the attorney'';
            (4) in the second sentence, by striking ``The hearing'' and 
        inserting the following:
            ``(2) Trier of fact.--The hearing''; and
            (5) by striking the last sentence and inserting the 
        following:
            ``(3) Jury impanelled for the purpose of the hearing.--
                    ``(A) In general.--A jury impanelled under 
                paragraph (2)(B) may be made of 6 on request in writing 
                by the defendant with the approval of the court and the 
                consent of the government.
                    ``(B) No request for jury of 6.--If a jury of 6 is 
                not impanelled under subparagraph (A), the jury shall 
                be made of 12, unless, at any time before the 
                conclusion of the hearing, the parties stipulate, with 
                the approval of the court, that the jury shall consist 
                of a lesser number.''.

SEC. 7103. REJOINDER TO ATTACKS ON THE CHARACTER OF THE VICTIM BY 
              ADMISSION OF EVIDENCE OF THE CHARACTER OF THE ACCUSED.

    Rule 404(a)(1) of the Federal Rules of Evidence is amended by 
inserting before the semicolon at the end the following: ``, or, if an 
accused offers evidence of a pertinent trait of character of the victim 
of the crime, evidence of a pertinent trait of character of the accused 
offered by the prosecution''.

SEC. 7104. USE OF NOTICES OF RELEASE OF PRISONERS.

    Section 4042(b) of title 18, United States Code, is amended by 
striking paragraph (4).

SEC. 7105. BALANCE IN THE COMPOSITION OF RULES COMMITTEES.

    Section 2073 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``On each such committee that makes recommendations 
        concerning rules that affect criminal cases (including 
        recommendations relating to the Federal Rules of Criminal 
        Procedure, the Federal Rules of Evidence, the Federal Rules of 
        Appellate Procedure, the Rules Governing Section 2254 Cases, 
        and the Rules Governing Section 2255 Cases), the number of 
        members who represent or supervise the representation of 
        defendants in the trial, direct review, or collateral review of 
        criminal cases shall not exceed the number of members who 
        represent or supervise the representation of the Government or 
        a State in the trial, direct review, or collateral review of 
        criminal cases.''; and
            (2) in subsection (b), by adding at the end the following: 
        ``The number of members of the standing committee who represent 
        or supervise the representation of defendants in the trial, 
        direct review, or collateral review of criminal cases shall not 
        exceed the number of members who represent or supervise the 
        representation of the Government or a State in the trial, 
        direct review, or collateral review of criminal cases.''.

      Subtitle B--Reform of Judicially Created Exclusionary Rules

SEC. 7201. ENFORCEMENT OF CONFESSION REFORM STATUTE.

    (a) In General.--Section 3501(e) of title 18, United States Code, 
is amended--
            (1) by striking ``(e) As used in this section, the term'' 
        and inserting the following:
    ``(e) Definitions.--In this section:
            ``(1) Any criminal prosecution by the united states.--The 
        term `any criminal prosecution by the United States' includes a 
        prosecution by the United States under the Uniform Code of 
        Military Justice.
            ``(2) Confession.--The term''; and
            (2) by adding at the end the following:
            ``(3) Offense against the laws of the united states.--The 
        term `offense against the laws of the United States' includes 
        an offense under the punitive articles of the Uniform Code of 
Military Justice (Subchapter X of chapter 47 of title 10).''.
    (b) Effective Date.--The amendment made by subsection (a)--
            (1) takes effect on the date of enactment of this Act; and
            (2) applies to any criminal prosecution brought by or under 
        the authority of the United States, including a military 
        prosecution or a prosecution brought by the District of 
        Columbia, regardless of whether the prosecution was commenced 
        before that date if the prosecution did not become final before 
        that date.

SEC. 7202. CHALLENGES TO CONVICTION OR SENTENCE ON THE BASIS OF 
              VOLUNTARY CONFESSION.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2255A. Challenges to conviction or sentence on the basis of 
              voluntary confession
    ``(a) Definition of Confession.--In this section, the term 
`confession' has the meaning given the term in section 3501(e) of title 
18.
    ``(b) Limitation.--No writ of habeas corpus or other post-
conviction remedy under section 2241, 2244, 2254, or 2255 or any other 
provision of Federal law shall lie to challenge the custody or sentence 
of a person on the ground that the custody or sentence of the person is 
the result in whole or in part of the voluntary confession of the 
person.
    ``(c) Determinations Regarding Post-Conviction Remedies.--For 
purposes of subsection (a), in determining whether a post-conviction 
remedy lies under a provision of law described in subsection (b), and 
in determining whether any such remedy should be granted--
            ``(1) the court shall apply the standards set forth in 
        section 3501(b) of title 18; and
            ``(2) in applying the standards under paragraph (1) in a 
        case seeking a post-conviction remedy from a State court 
        conviction, the court shall apply the standards set forth in 
        section 2254(d).
    ``(d) No Effect on Other Law.--Nothing in this section modifies or 
otherwise affects any requirement under Federal law relating to the 
obtaining or granting of post-conviction relief.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 153 of 
title 28, United States Code, is amended by adding at the end the 
following:

``2255A. Challenges to conviction or sentence on the basis of voluntary 
                            confession.''.

SEC. 7203. OBLIGATION OF ATTORNEYS FOR THE UNITED STATES TO PRESENT 
              CERTAIN ARGUMENTS.

    Section 518 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) Voluntary Confessions.--
            ``(1) Definition of confession.--In this subsection, the 
        term `confession' has the meaning given the term in section 
        3501(e) of title 18.
            ``(2) In general.--When, in any Federal criminal 
        prosecution, the defendant seeks to suppress or to exclude from 
        evidence the defendant's own voluntary confession, the attorney 
        for the United States shall seek the admission of the 
        confession into evidence under section 3501(a) of title 18.
            ``(3) Appeal.--In any appeal from a ruling admitting or 
        suppressing a defendant's voluntary confession, the attorney 
        for the United States shall argue that section 3501(a) of title 
        18 requires the admission of the confession or forbids its 
        suppression.''.

SEC. 7204. ADMISSIBILITY OF VOLUNTARY CONFESSIONS IN STATE COURT 
              PROCEEDINGS.

    (a) Definition of Confession.--In this section, the term 
``confession'' has the meaning given the term in section 3501(e) of 
title 18, United States Code.
    (b) Admissibility.--Federal law shall not bar the admission into 
evidence in State court of the voluntary confession of any defendant in 
the criminal prosecution of that defendant if--
            (1) the prosecuting authority does not seek admission of 
        the confession to establish its case in chief; or
            (2) the confession was obtained by interrogation reasonably 
        prompted by a concern for public safety.
    (c) Standards.--For purposes of this section, the standards 
specified in section 3501(b) of title 18, United States Code, shall 
govern whether a confession is voluntary.
    (d) Rule of Construction.--Nothing in this section requires the 
exclusion from evidence of a voluntary confession under circumstances 
not described in subsection (b).

SEC. 7205. NO POLICE OFFICER LIABILITY FOR SEEKING OR OBTAINING 
              VOLUNTARY CONFESSION.

    (a) Definition of Confession.--In this section, the term 
``confession'' has the meaning given the term in section 3501(e) of 
title 18, United States Code.
    (b) No liability.--The act of a person acting under color of any 
statute, ordinance, regulation, custom, or usage of the United States 
or of any State or territory or the District of Columbia in seeking or 
obtaining the voluntary confession of another person shall not, by 
itself and in the absence of any other act that violates a person's 
right under the Constitution, give rise to any liability of the person 
in an action under section 1979 of the Revised Statutes (42 U.S.C. 
1983) or any other Federal law.
    (c) Standards.--For purposes of this section, the standards 
specified in section 3501(b) of title 18, United States Code, shall 
govern whether a confession is voluntary.

SEC. 7206. ADMISSIBILITY OF EVIDENCE OBTAINED BY SEARCH OR SEIZURE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--
            ``(1) In general.--Evidence that is obtained as a result of 
        a search or seizure shall not be excluded in a proceeding in a 
        court of the United States on the ground that the search or 
        seizure was in violation of the fourth amendment to the 
        Constitution if the search or seizure was carried out 
in circumstances justifying an objectively reasonable belief that the 
search or seizure was in conformity with the fourth amendment.
            ``(2) Prima facie evidence.--That evidence was obtained 
        pursuant to and within the scope of a warrant constitutes prima 
        facie evidence of the existence of circumstances justifying an 
        objectively reasonable belief that a search or seizure was in 
        conformity with the fourth amendment.
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) In general.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        the evidence was obtained in violation of a statute, an 
        administrative rule or regulation, or a rule of procedure 
        unless the exclusion is expressly authorized by statute or by a 
        rule prescribed by the Supreme Court pursuant to statutory 
        authority.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence that, but for this paragraph, 
        is excludable under paragraph (1) shall not be excluded if the 
        search or seizure was carried out in circumstances justifying 
        an objectively reasonable belief that the search or seizure was 
        in conformity with the statute, administrative rule or 
        regulation, or rule of procedure the violation of which 
        occasioned its being excludable.''.
    (b) Rule of Construction.--The amendment made by subsection (a) 
does not require or authorize the exclusion of evidence in any 
proceeding.
    (c) Conforming Amendment.--The analysis for chapter 223 of title 
18, United States Code, is amended by adding at the end the following:

``3510. 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).

    Section 2254 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(j) Retrial in State Court.--No Federal court shall bar the 
retrial in State court of a person that files an application for a writ 
of habeas corpus.''.

            Subtitle C--Federal Law Enforcement Improvements

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 7301. AMENDMENTS RELATING TO VIOLENCE IN INDIAN COUNTRY.

    (a) Section 113(a)(3) of title 18, United States Code, is amended 
by striking ``with intent to do bodily harm, and''.
    (b) Section 1961(1)(A) of title 18, United States Code, is amended 
by inserting ``or would have been so chargeable except that the act or 
threat was committed in Indian country, as defined in section 1151, or 
in any other area of exclusive Federal jurisdiction'' after 
``chargeable under State law''.
    (c) Section 1112(b) of title 18, United States Code, is amended by 
striking ``ten years'' and inserting ``twenty years''.
    (d) Section 1153(a) of title 18, United States Code, is amended by 
inserting ``an offense for which the maximum statutory term of 
imprisonment under section 1363 is greater than five years,'' after ``a 
felony under chapter 109A,''.
    (e) Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 7302. AMENDMENTS TO ANTI-TERRORISM STATUTES.

    (a) Section 178 of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``means any 
        microorganism, virus, or infectious substance, or biological 
        product that may be engineered as a result of biotechnology or 
        any naturally occurring or bioengineered component of any such 
        microorganism, virus, infectious substance, or biological 
        product'' and inserting the following: ``means any 
        microorganism (including, but not limited to, bacteria, 
        viruses, fungi, rickettsiae or protozoa), or infectious 
        substance, or any naturally occurring, bioengineered or 
        synthesized component of any such microorganism or infectious 
        substance'';
            (2) in paragraph (2), by striking ``means the toxic 
        material of plants, animals, microorganisms, viruses, fungi, or 
        infectious substances, or a recombinant molecule, whatever its 
        origin or method of production, including'' and inserting the 
        following: ``means the toxic material or product of plants, 
        animals, microorganisms (including, but not limited to, 
        bacteria, viruses, fungi, rickettsiae or protozoa), or 
        infectious substances, or a recombinant or synthesized 
        molecule, whatever their origin and method of production, and 
        includes''; and
            (3) in paragraph (4), by striking ``recombinant molecule, 
        or biological product that may be engineered as a result of 
        biotechnology'' and inserting ``recombinant or synthesized 
        molecule''.
    (b) Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``, including any 
        biological agent, toxin, or vector (as those terms are defined 
        in section 178)''; and
            (2) in subparagraph (c)(2)(C), by striking ``a disease 
        organism'' and inserting ``any biological agent, toxin, or 
        vector (as those terms are defined in section 178 of this 
        title)''.

SEC. 7303. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.

    Section 1959 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``ten'' and 
                inserting ``twenty''; and
                    (B) in paragraph (6), by striking ``three'' and 
                inserting ``ten''; and
            (2) in subsection (b)--
                    (A) by striking ``and'' after paragraph (1);
                    (B) by striking the period and inserting ``; and'' 
                at the end of paragraph (2); and
                    (C) by adding at the end the following new 
                paragraph (3):
            ``(3) `serious bodily injury' has the meaning given the 
        term in section 2119.''.

SEC. 7304. CONFORMING AMENDMENT TO RETURN SECTION 115 TO THE SAME SCOPE 
              AS SECTION 1114.

    Section 115(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``an official whose 
        killing would be a crime under section 1114 of this title'' and 
        inserting ``an officer or employee whose killing would be a 
        crime under section 1114'';
            (2) in paragraph (1)(B), by striking ``an official whose 
        killing would be a crime under such section'' and inserting 
        ``an officer or employee described in section 1114''; and
            (3) in paragraph (1), by striking ``such official, judge, 
        or law enforcement officer'' each place it appears and 
        inserting ``such official, judge, law enforcement officer, or 
        officer or employee''.

SEC. 7305. ELIMINATION OF REDUNDANT PENALTY FOR KILLING IN THE COURSE 
              OF A BANK ROBBERY.

    Section 2113(e) of title 18, United States Code, is amended--
            (1) by striking ``kills any person, or forces'' and 
        inserting ``(i) forces''; and
            (2) by inserting ``(ii)'' before ``if death results''.

SEC. 7306. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR CARJACKING.

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

SEC. 7307. OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS 
              ACCOMPANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED 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.
``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the armed 
              forces outside the United States
    ``(a) Offense.--A person who, while serving with, employed by, or 
accompanying the Armed Forces outside the United States, engages in 
conduct which would constitute an offense punishable by imprisonment 
for more than 1 year if the conduct had been engaged in within the 
special maritime and territorial jurisdiction of the United States, 
shall be guilty of a like offense and subject to a like punishment.
    ``(b) Concurrent Jurisdiction.--Nothing in this chapter deprives 
courts-martial, military commissions, provost courts, or other military 
tribunals of concurrent jurisdiction with respect to offenders or 
offenses that by statute or by the law of war may be tried by courts-
martial, military commissions, provost courts, or other military 
tribunals.
    ``(c) Prosecution by a Foreign Government.--No prosecution of a 
person may be commenced under this section if a foreign government, in 
accordance with jurisdiction recognized by the United States, has 
prosecuted or is prosecuting the person for the conduct constituting 
such offense, except upon the approval of the Attorney General of the 
United States or the Deputy Attorney General of the United States (or a 
person acting in either such capacity), which function of approval may 
not be delegated.
    ``(d) Arrests.--
            ``(1) In general.--The Secretary of Defense and the 
        Secretary of Transportation may designate and authorize any 
        person serving in a law enforcement position in the Department 
        of Defense, or the Department of Transportation when the Coast 
        Guard is not operating as part of the Navy, to arrest outside 
        the United States any person described in subsection (a) who 
        there is probable cause to believe engaged in conduct that 
        constitutes a criminal offense under that section.
            ``(2) Release.--A person arrested under paragraph (1) shall 
        be released to the custody of civilian law enforcement 
        authorities of the United States for removal to the United 
        States for judicial proceedings in relation to conduct 
        described in that paragraph unless--
                    ``(A) the person is delivered to authorities of a 
                foreign country under section 3262; or
                    ``(B) charges are preferred against the person 
                under chapter 47 of title 10 for the conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) In General.--A person in the custody of the United States for 
an alleged violation of section 3261(a) may be delivered to the 
appropriate authorities of a foreign country in which the person is 
alleged to have engaged in conduct described in such subsection (a) of 
this section if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) Determination.--The Secretary of Defense, in consultation 
with the Secretary of State, shall determine what officials of a 
foreign country constitute appropriate authorities for the purpose of 
this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense and the Commandant of the Coast Guard, 
in consultation with the Secretary of State, shall each issue 
regulations governing the apprehension, detention, and removal of 
persons under this chapter for their respective agencies. The 
regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Employment by the Armed Forces or Accompanying the Armed 
              Forces outside the United States
    ``For the purposes of this chapter--
            ``(1) a person shall be considered to be employed by the 
        Armed Forces outside the United States if the person--
                    ``(A) is employed as a civilian employee of a 
                military department or of the Department of Defense, as 
                a Department of Defense contractor, or as an employee 
                of a Department of Defense contractor;
                    ``(B) is present or residing outside the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation; and
            ``(2) a person shall be considered to be accompanying the 
        Armed Forces outside the United States if the person--
                    ``(A) is a dependent of a member of the armed 
                forces or of a civilian employee of a military 
                department or of the Department of Defense;
                    ``(B) is residing with the member or civilian 
                employee outside the United States; and
                    ``(C) is not a national of the host nation.''.
    (b) Conforming Amendment.--The analysis for part II of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.

SEC. 7308. ADDITION OF ATTEMPT COVERAGE FOR INTERSTATE DOMESTIC 
              VIOLENCE OFFENSE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to such spouse or 
        intimate partner,''; and
            (2) in paragraph (2), by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to the person's 
        spouse or intimate partner,''.

SEC. 7309. CLARIFICATION OF INTERSTATE THREAT STATUTE.

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

SEC. 7310. STATUS KILLINGS OF FEDERAL EMPLOYEES AND CONSOLIDATION OF 18 
              U.S.C. 1114 AND 1121.

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

SEC. 7311. AMENDMENTS OF DRIVE-BY SHOOTING STATUTE.

    (a) Section 36 of title 18, United States Code, is amended--
            (1) by amending the title to read ``Shooting into a group 
        in furtherance of a major drug offense'';
            (2) in paragraph (a)(1), by striking ``punishable under 
        section 408(c) of the Controlled Substances Act (21 U.S.C. 
        848(c))'' and inserting ``punishable under section 408(a) of 
        the Controlled Substances Act (21 U.S.C. 848(a))'';
            (3) in paragraphs (b)(1) and (b)(2), by striking ``with the 
        intent to intimidate,'' and inserting ``with the intent to 
        kill, intimidate,''.
    (b) The table of sections for chapter 2 of title 18, United States 
Code, is amended by striking ``Drive-by shooting'' and inserting 
``Shooting into a group in furtherance of a major drug offense''.

SEC. 7312. THREATS AGAINST FORMER PRESIDENTS AND OTHERS ELIGIBLE FOR 
              SECRET SERVICE PROTECTION.

    Section 879 of title 18, United States Code, is amended to read as 
follows:
``Sec. 879. Threats against former Presidents and others eligible for 
              Secret Service Protection
    ``(a) Definitions.--In this section:
            ``(1) Immediate family.--The term ``immediate family'' 
        means a person to whom the President, President-elect, former 
        President, Vice President, or Vice President-elect, former Vice 
        President or major candidate for the office of President or 
        Vice President--
                    ``(A) is related by blood, marriage, or adoption; 
                or
                    ``(B) stands in loco parentis.
            ``(2) Major candidate for the office of president or vice 
        president.--The term ``major candidate for the office of 
        President or Vice President'' means a candidate referred to in 
        subsection (a)(7) of section 3056 of this title.
            ``(3) President-elect; vice president-elect.--The terms 
        ``President-elect'' and ``Vice President-elect'' have the 
        meanings given those terms in section 871(b) of this title.
    ``(b) Whoever knowingly and willfully threatens to kill, kidnap, or 
inflict bodily harm upon--
            ``(1) a former President, a former Vice President, the 
        spouse of a former President or former Vice President during 
        the former President or former Vice President's lifetime, or 
        the widow or widower of a former President or former Vice 
        President until their death or remarriage;
            ``(2) a member of the immediate family of the President, 
        the President-elect, a former President, the Vice President, 
        the Vice President-elect, or a former Vice President;
            ``(3) a major candidate for the office of President or Vice 
        President, or the spouse or a member of the immediate family of 
        such candidate; or
            ``(4) any other person who is protected pursuant to section 
        3056(a) (5) and (6) of this title;
shall be fined under this title or imprisoned not more than three 
years, or both.''.

SEC. 7313. PROTECTION OF THE OLYMPICS.

    (a) In General.--Section 1111 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Olympic Games.--
            ``(1) State defined.--In this subsection, the term `State' 
        means a State, the District of Columbia, and any territory or 
        possession of the United States.
            ``(2) Offense.--A person that kills a person during and in 
        relation to any international Olympic Games that are held 
        within any State shall be punished in accordance with 
        subsection (b) and section 1112.
            ``(3) Attempted offense.--A person that attempts to violate 
        this subsection shall be punished in accordance with section 
        1113.''.
    (b) Internationally Protected Persons.--Section 1116 (b)(4) of 
title 18, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) any participant or guest attending any 
                international sporting event sponsored or sanctioned by 
                the International Olympic Committee or the United 
                States Olympic Committee incorporated under chapter 
                2205 of title 36, United States Code.''.

SEC. 7314. AMENDMENTS TO SENTENCING GUIDELINES.

    (a) In General.--In the exercise of its authority under section 994 
of title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines to include the 
following:
            (1) Effect of Post-Offense Rehabilitation.--
``Sec. 5H1.13. Post-offense rehabilitation.
    ``Post-offense rehabilitation or any similar undertaking by the 
defendant shall not be a ground for imposing a sentencing outside the 
applicable guidelines range, except in a case in which the defendant 
initiates substantial steps toward rehabilitation before the defendant 
has reason to believe that law enforcement authorities have learned of 
the defendant's offense.''.
            (2) Effect of Prosecutorial Discretion.--
``Sec. 5H1.14. Pleas bargaining and other prosecutorial policies.
    ``Plea bargaining and other prosecutorial policies, and differences 
in those policies among different districts, are not a ground for 
imposing a sentence outside the applicable guidelines range.''.

SEC. 7315. BOMB HOAX STATUTE.

    Section 35(a) of title 18 United States Code, in amended by 
striking ``$1,000'' and inserting ``$25,000''.

SEC. 7316. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.

    (a) Missing and Incorrect Words.--
            (1) Correction of garbled sentence.--Section 510(c) of 
        title 18, United States Code, is amended by striking ``fine of 
        under this title'' and inserting ``fine under this title''.
            (2) Insertion of missing words.--Section 981(d) of title 
        18, United States Code, is amended by striking ``proceeds from 
        the sale of this section'' and inserting ``proceeds from a sale 
        of property under this section''.
            (3) Correction of incorrect word.--Sections 1425 through 
        1427, 1541 through 1544 and 1546(a) of title 18, United States 
        Code, are each amended by striking ``to facility'' and 
        inserting ``to facilitate''.
            (4) Correction of erroneous amendatory language on executed 
        amendment.--Effective on the date of enactment of Public Law 
        103-322, section 60003(a)(13) of Public Law 103-322 is amended 
        by striking ``$1,000,000 or imprisonment'' and inserting 
        ``$1,000,000 and imprisonment''.
            (5) Insertion of missing words.--
                    (A) Section 3286.--Section 3286 of title 18, United 
                States Code, is amended by inserting ``section'' before 
                ``2332b''.
                    (B) Section 3553.--Section 3553(e) of title 18, 
                United States Code, is amended by inserting ``a'' 
                before ``minimum''.
            (6) Correction of reference to short title of law.--Section 
        2332d(a) of title 18, United States Code, is amended by 
        inserting ``of 1979'' after ``Export Administration Act''.
            (7) Correction of misspelled word.--Section 1992(b) of 
        title 18, United States Code, is amended by striking ``term or 
        years'' and inserting ``term of years''.
            (8) Spelling correction.--Section 2339A(a) of title 18, 
        United States Code, is amended by striking ``or an escape'' and 
        inserting ``of an escape''.
            (9) Misplaced words in statement of penalty.--Section 
        2251(d) of title 18, United States Code, is amended in the 
        first sentence by striking ``or imprisoned not less than 10 
        years nor more than 20 years, and both'' and inserting ``, 
        imprisoned not less than 10 nor more than 20 years, or both''.
    (b) Punctuation and Similar Errors.--
            (1) Capitalization in language to be stricken.--Effective 
        on the date of its enactment, section 607(g)(2) of the Economic 
        Espionage Act of 1996 is amended by striking ``territory'' and 
        inserting ``Territory''.
            (2) Paragraphing.--Section 521(a) of title 18, United 
        States Code, is amended--
                    (A) by inserting before the first undesignated 
                paragraph the following:
    ``In this section:''; and
                    (B) in the third undesignated paragraph, by 
                striking ``State means'' and inserting the following:
            ``State means''.
            (3) Subsection placement correction.--Section 1513 of title 
        18, United States Code, is amended by transferring subsection 
        (d) so that it appears following subsection (c).
            (4) Insertion of parenthetical descriptions.--Section 
        2332b(g)(5) of title 18, United States Code, is amended--
                    (A) by inserting ``(relating to certain killings in 
                Federal facilities)'' after ``930(c)''; and
                    (B) by inserting ``(relating to wrecking trains)'' 
                after ``1992''.
            (5) Correction to allow for insertion of new 
        subparagraph.--Section 1956(c)(7) of title 18, United States 
        Code, is amended--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; or''; and
                    (C) in subparagraph (F), by striking ``Any'' and 
                inserting ``any''.

       CHAPTER 2--PROFESSIONAL STANDARDS FOR FEDERAL PROSECUTORS

SEC. 7321. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

    (a) Amendments to Title 28, United States Code.--
            (1) General.--Section 530B of title 28, United States Code, 
        is amended to read as follows:
``Sec. 530B. Ethical standards for Federal prosecutors
    ``(a) Definition of Federal Prosecutor.--In this section, the term 
`Federal prosecutor' means an attorney employed by the Department of 
Justice who is directly engaged in the prosecution of violations of 
Federal civil or criminal law.
    ``(b) Subjection to State Law.--Except as provided in subsection 
(c), a Federal prosecutor shall be subject to all laws and rules 
governing ethical conduct of attorneys of the State in which the 
Federal prosecutor is licensed as an attorney.
    ``(c) Exception.--A Federal prosecutor shall not be subject to a 
State law or rule governing ethical conduct of attorneys to the extent 
that the State law or rule--
            ``(1) is inconsistent with Federal law; or
            ``(2) interferes with the effectuation of Federal law.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 31 of title 28, United States Code, is amended by 
        striking the item for section 530B and inserting the following:

``530B. Ethical standards for Federal prosecutors.''.
            (3) Regulations.--Not later than 90 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        such regulations as are necessary to carry out section 530B of 
        title 28, United States Code, as added by paragraph (1).
    (b) Prohibited Conduct for Department of Justice Employees.--
            (1) In general.--The Attorney General shall establish by 
        rule that it shall be punishable conduct for any officer or 
        employee of the Department of Justice, in the discharge of his 
        or her official duties, intentionally to--
                    (A) seek the indictment of any person in the 
                absence of a reasonable belief of probable cause, as 
                prohibited by the Principles of Federal Prosecution, 
                United States Attorneys' Manual 9-27.200 et seq.;
                    (B) fail to disclose exculpatory evidence to the 
                defense, in violation of his or her obligations under 
                Brady v. Maryland (373 U.S. 83 (1963));
                    (C) mislead a court as to the guilt of any person 
                by knowingly making a false statement of material fact 
                or law;
                    (D) offer evidence known to be false;
                    (E) alter evidence in violation of section 1512 of 
                title 18, United States Code;
                    (F) attempt to corruptly influence or color a 
                witness's testimony with the intent to encourage 
                untruthful testimony, in violation of section 1503 or 
                1512 of title 18, United States Code;
                    (G) violate a defendant's right to discovery under 
                Rule 16(a) of the Federal Rules of Criminal Procedure;
                    (H) offer or provide sexual activities to any 
                government witness or potential witness in exchange for 
                or on account of his or her testimony; or
                    (I) improperly disseminate confidential, non-public 
                information to any person during an investigation or 
                trial, in violation of--
                            (i) section 50.2 of title 28, Code of 
                        Federal Regulations;
                            (ii) rule 6(e) of the Federal Rules of 
                        Criminal Procedure;
                            (iii) subsection (b) or (c) of section 2232 
                        of title 18, United States Code;
                            (iv) section 6103 of the Internal Revenue 
                        Code of 1986; or
                            (v) United States Attorneys' Manual 1-7.000 
                        et seq.
            (2) Penalties.--The Attorney General shall establish a 
        range of penalties for engaging in conduct prohibited under 
        paragraph (1), which shall include--
                    (A) reprimand;
                    (B) demotion;
                    (C) dismissal;
                    (D) suspension from employment;
                    (E) referral of ethical charges to the bar; and
                    (F) referral of evidence related to the conduct, if 
                appropriate, to a grand jury for possible criminal 
                prosecution.
            (3) Substantive rights.--Nothing in paragraph (1)--
                    (A) establishes any substantive right on behalf of 
                a criminal defendant, civil litigant, target or subject 
                of an investigation, witness,  counsel for a 
represented party or parties, or any other person; or
                    (B) provides a basis for--
                            (i) dismissing any criminal or civil charge 
                        or proceeding against any person in any court 
                        of the United States; or
                            (ii) excluding relevant evidence in any 
                        proceeding in any court of the United States.
    (c) Annual Report.--
            (1) In general.--On June 1 of each year, the Attorney 
        General shall submit to the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate and the Committee on 
        the Judiciary and the Committee on Appropriations of the House 
        of Representatives a report on the activities and operations of 
        the Office of Professional Responsibility of the Department of 
        Justice during the fiscal year that ended on September 30 of 
        the preceding year.
            (2) Elements of report.--A report under paragraph (1) 
        shall--
                    (A) include the number, type, and disposition of 
                all investigations conducted or supervised by the 
                Office of Professional Responsibility; and
                    (B) include a summary of the findings of each 
                investigation in which the Department of Justice found 
                that an officer or employee of the Department of 
                Justice--
                            (i) engaged in willful misconduct; or
                            (ii) committed a willful violation of 
                        subsection (b)(1).
            (3) Confidentiality.--A report under paragraph (1) shall be 
        confidential and shall not disclose information that would 
        interfere with any pending investigation or improperly infringe 
        on the privacy rights of any individual.
    (d) Commission on Federal Prosecutorial Conduct.--
            (1) Establishment and functions of commission.--
                    (A) Establishment.--There is established a 
                Commission on Federal Prosecutorial Conduct (referred 
                to in this subsection as the ``Commission'').
                    (B) Functions.--The functions of the Commission 
                shall be to--
                            (i) conduct a review regarding--
                                    (I) whether there are specific 
                                Federal duties related to investigation 
                                and prosecution of violations of 
                                Federal law which are incompatible with 
                                the regulation of the conduct of 
                                Federal prosecutors (as that term is 
                                defined in section 530B of title 28, 
                                United States Code) by any State law or 
                                rule governing ethical conduct of 
                                attorneys; and
                                    (II) the procedures utilized by the 
                                Department of Justice to investigate 
                                and punish inappropriate conduct by 
                                Federal prosecutors; and
                            (ii) not later than 12 months after the 
                        date on which the members of the Commission are 
                        appointed under paragraph (2)(B), submit to the 
                        Attorney General a report concerning the review 
                        under clause (i), including any recommendations 
                        of the Commission relating to the matters 
                        reviewed under clause (i).
                    (C) Consultation.--In carrying out subparagraph 
                (B), the Commission shall consult with the Attorney 
                General, the Chairmen and Ranking Members of the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate, the American Bar 
                Association and other organizations of attorneys, 
                representatives of Federal, State, and local law 
                enforcement agencies, and Federal and State courts.
            (2) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 7 members, each of whom--
                            (i) shall be appointed by the Chief Justice 
                        of the United States, after consultation with 
                        the Chairmen and Ranking Members of the 
                        Committees on the Judiciary of the House of 
                        Representatives and the Senate, and 
                        representatives of judges, prosecutors, defense 
                        attorneys, law enforcement officials, victims 
                        of crime, and others interested in the criminal 
                        justice process; and
                            (ii) shall be a judge of the United States 
                        (as defined in section 451 of title 28, United 
                        States Code).
                    (B) Appointment.--The members of the Commission 
                shall be appointed not later than 30 days after the 
                date of enactment of this Act.
                    (C) Vacancy.--Any vacancy in the Commission shall 
                be filled in the same manner as the original 
                appointment.
                    (D) Chairperson.--The Commission shall elect a 
                chairperson and vice chairperson from among its 
                members.
                    (E) Quorum.--Four members of the Commission shall 
                constitute a quorum, but 2 members may conduct 
                hearings.
            (3) Compensation.--Members of the Commission who are 
        officers, or full-time employees, of the United States shall 
        receive no additional compensation for their services, but 
        shall be reimbursed for travel, subsistence, and other 
        necessary expenses incurred in the performance of duties vested 
        in the Commission, but not in excess of the maximum amounts 
        authorized under section 456 of title 28, United States Code.
            (4) Personnel.--
                    (A) Executive director.--The Commission may appoint 
                an Executive Director, who shall receive compensation 
                at a rate not exceeding the rate prescribed for level V 
                of the Executive Schedule under section 5316 of title 
                5, United States Code.
                    (B) Staff.--The Executive Director, with the 
                approval of the Commission, may appoint and fix the 
                compensation of such additional personnel as the 
                Executive Director determines to be necessary, without 
                regard to the provisions of title 5, United States 
                Code, governing appointments in the competitive service 
                or the provisions of chapter 51 and subchapter III of 
                chapter 53 of such title relating to classification and 
                General Schedule pay rates. Compensation under this 
                subparagraph shall not exceed the annual maximum rate 
                of basic pay for a position above GS-15 of the General 
                Schedule under section 5108 of title 5, United States 
                Code.
                    (C) Experts and consultants.--The Executive 
                Director may procure personal services of experts and 
                consultants as authorized by section 3109 of title 5, 
                United States Code, at rates not to exceed the highest 
                level payable under the General Schedule pay rates 
                under section 5332 of title 5, United States Code.
                    (D) Services.--The Administrative Office of the 
                United States Courts shall provide administrative 
                services, including financial and budgeting services, 
                to the Commission on a reimbursable basis. The Federal 
                Judicial Center shall provide necessary research 
                services to the Commission on a reimbursable basis.
            (5) Information.--The Commission may request from any 
        department, agency, or independent instrumentality of the 
        Federal Government any information and assistance the 
        Commission determines to be necessary to carry out its 
        functions under this subsection. Each such department, agency, 
        and independent instrumentality may provide such information 
        and assistance to the extent permitted by law when requested by 
        the chairperson of the Commission.
            (6) Report of the attorney general.--Not later than 60 days 
        after the date of enactment of this Act, the Attorney General 
        shall submit to the Commission a report, which shall, with 
        respect to the 3-year period preceding the date on which the 
        report is submitted under this paragraph--
                    (A) include the number, type, and disposition of 
                all investigations conducted or supervised by the 
                Office of Professional Responsibility of the Department 
                of Justice;
                    (B) include a summary of the findings of each 
                investigation in which the Department of Justice found 
                that an officer or employee of the Department of 
                Justice engaged in willful misconduct; and
                    (C) be confidential and not disclose information 
                that would interfere with any pending investigation or 
                improperly infringe upon the privacy rights of any 
                individual.
            (7) Termination.--The Commission shall terminate 90 days 
        after the date on which the Commission submits the report under 
        paragraph (1)(B)(ii).
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commission such sums, not to exceed 
        $900,000, as are necessary to carry out this subsection, to 
        remain available until expended.

SEC. 7322. CLARIFICATION OF OFFICIAL DUTY EXCEPTION.

    (a) Findings.--Congress finds that--
            (1) section 201 of title 18, United States Code, was 
        enacted in 1962 and was amended in 1986 and again in 1994;
            (2) at the time section 201 of title 18, United States 
        Code, was enacted, and at each of the times it was amended, 
        Congress was aware of, and intended to preserve, the 
        traditional law enforcement practice of offering or 
        recommending leniency or other favorable actions with respect 
        to defendants in exchange for truthful testimony or other 
        cooperation in the investigation and prosecution of other 
        offenders;
            (3) the finding in paragraph (2) is based in part on the 
        fact that several Federal statutes, including chapter 601 of 
        title 18, United States Code (commonly known as the ``immunity 
        statute'', the Sentencing Reform Act of 1984 (98 Stat. 1987), 
        and chapter 224 of title 18, United States Code (commonly known 
        as the ``Witness Relocation and Protection Act''), authorize 
        prosecutors to give things of value, including immunity, 
        leniency, and physical protection, in return for testimony;
            (4) in the 37 years since section 201 of title 18, United 
        States Code, was enacted, consistent with the intent of 
        Congress in enacting and amending that section, no Federal 
        court interpreted that section to prohibit the essential law 
        enforcement tool of obtaining information and testimony through 
        the use of cooperation agreements between prosecutors and 
        defendants, or settlement agreements between civil enforcement 
        attorneys and defendants;
            (5) the Supreme Court, in numerous decisions since 1962, 
        including Giglio v. United States (405 U.S. 150) and United 
        States v. Mezzanatto (513 U.S. 196), has reviewed and 
        implicitly approved the practice described in paragraph (4);
            (6) even before the enactment of section 201 of title 18, 
        United States Code, the United States Supreme Court implicitly 
        endorsed the practice when the Court wrote, in Lisenba v. 
        California, that ``the practice of taking into consideration, 
        in sentencing an accomplice, his aid to the state in turning 
        state's evidence can be no denial of due process to a convicted 
        confederate'' (314 U.S. 219, 227);
            (7) on July 1, 1998, a panel of the United States Court of 
        Appeals for the Tenth Circuit, in United States v. Singleton 
        (109 U.S. 3), ruled that--
                    (A) the language of section 201(c) of title 18, 
                United States Code, holding criminally liable whoever 
                ``directly or indirectly, gives, offers, or promises 
                anything of value to any person, for or because of the 
                testimony under oath or affirmation given or to be 
                given by such person as a witness upon a trial, 
                hearing, or other proceeding,'' forbids a prosecutor 
                from promising leniency to a cooperating witness in 
exchange for testimony; and
                    (B) the conviction of a drug dealer and money 
                launderer must be thrown out and the case remanded for 
                a new trial;
            (8) on July 10, 1998, the Tenth Circuit, on its own motion, 
        vacated the panel decision and ordered that the appeal be 
        reheard en banc in November 1998;
            (9) on January 8, 1999, the Tenth Circuit ruled in 
        Singleton (144 F.3d 1343) that section 201(c)(2) of title 18, 
        United States Code, does not apply to the United States or to 
        an Assistant United States Attorney functioning within the 
        official scope of the office; and
            (10) despite the final ruling of the Tenth Circuit in 
        Singleton, unless there is Federal legislation or a definitive 
        ruling by the United States Supreme Court on this issue, it is 
        likely that accused and convicted offenders across the Nation 
        will continue to challenge charges and convictions, and seek to 
        preclude the admission of truthful testimony in their trials, 
        based on the reasoning in the vacated panel decision, 
        increasing the likelihood that dangerous criminals will be 
        released and that public officials will be deterred from the 
        reasonable exercise of their discretion in the public interest.
    (b) Purposes.--The purposes of this section are--
            (1) to promote effective law enforcement by ensuring that 
        prosecutors and other public officials, including civil 
        enforcement officials, continue to employ the traditional and 
        important law enforcement tool of obtaining information and 
        testimony by entering into cooperation and settlement 
        agreements in the reasonable exercise of their discretion;
            (2) to ensure that truthful testimony secured by such 
        agreements will continue to be admitted into evidence in 
        judicial proceedings notwithstanding the fact that such 
        agreements may have been entered into before the date of 
        enactment of this Act; and
            (3) to clarify, for the benefit of courts interpreting 
        section 201 of title 18, United States Code, that--
                    (A) Congress has never intended to prohibit such 
                agreements; and
                    (B) this Act and the amendments made by this Act 
                are intended to endorse a practice that is already 
                lawful rather than to render lawful a practice 
                previously forbidden by an Act of Congress.
    (c) Clarification of Official Duty Exception.--Section 201(c) of 
title 18, United States Code, is amended--
            (1) in paragraph (2), by inserting before the semicolon at 
        the end the following: ``, except that this paragraph does not 
        apply to a public official who is acting within the scope of 
        the official duties of the public official to investigate or 
        prosecute any violation of criminal or civil law''; and
            (2) in paragraph (3), by inserting before the semicolon at 
        the end the following: ``, except that this paragraph does not 
        apply to a potential witness who demands, seeks, receives, 
        accepts, or agrees to receive or accept anything of value that 
        may be directly or indirectly given, offered, or promised 
        consistent with paragraph (2)''.

        CHAPTER 3--AMENDMENTS RELATING TO COURTS AND SENTENCING

SEC. 7331. APPEALS FROM CERTAIN DISMISSALS.

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

SEC. 7332. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENTS.

    (a) Section 3731 of title 18, United States Code, is amended in the 
second paragraph by striking ``, if the United States attorney 
certifies to the district court that the appeal is not taken for 
purpose of delay and that the evidence is a substantial proof of a fact 
material in the proceeding''.
    (b) Section 2518(10)(b) of title 18, United States Code, is amended 
by striking ``, if the United States Attorney shall certify to the 
judge or other official granting such motion or denying such 
application that the appeal is not taken for purposes of delay''.

SEC. 7333. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.

    Section 280003(b) of Public Law 103-322 is amended by striking 
``the finder of fact at trial'' and inserting ``the court at 
sentencing''.

SEC. 7334. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

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

SEC. 7335. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a sentence of supervised release)'' 
after ``may reduce the term of imprisonment''.

SEC. 7336. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH 
              A FINE AND IMPRISONMENT RATHER THAN ONLY EITHER PENALTY.

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

SEC. 7337. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION 
              OF SUPERVISED RELEASE.

    Subsections (c) and (e) of section 3583 of title 18, United States 
Code, are each amended by striking ``and (a)(6)'' and inserting ``, 
(a)(6), (a)(7), and (a)(8)''.

SEC. 7338. STATE CLEMENCY AND PARDON DECISIONS.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1369. State clemency and pardon decisions
    ``(a) In General.--Except as provided in subsection (b) and 
notwithstanding any other provision of law, no Federal court shall have 
jurisdiction to hear any cause or claim arising from the exercise of a 
State's executive clemency or pardon power or the process or procedures 
used under such power.
    ``(b) Review by the Supreme Court.--This section does not affect 
the jurisdiction of the Supreme Court to review any decision of the 
highest court of a State that involves a cause or claim arising from 
the exercise of a State's executive clemency or pardon power, or the 
process or procedures utilized under such power.''.
    (b) Conforming Amendment.--The analysis for chapter 85 of title 28, 
United States Code, is amended by adding at the end the following:

``1369. State clemency and pardon decisions.''.

          CHAPTER 4--AMENDMENTS RELATING TO WHITE COLLAR CRIME

SEC. 7341. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE 
              DEMAND STATUTE.

    Section 1505 of title 18, United States Code, is amended by 
inserting ``section 1968 or 3486 of this title or'' before ``the 
Antitrust Civil Process Act''.

SEC. 7342. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO 
              ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.

    (a) Section 153 of title 18, United States Code, is amended by 
inserting ``, or attempts so to appropriate, embezzle, spend or 
transfer,'' before ``any property''.
    (b) Section 641 of title 18, United States Code, is amended by 
striking ``or'' at the end of the first paragraph and by inserting 
after such paragraph the following: ``Whoever attempts to commit an 
offense described in the preceding paragraph; or''.
    (c) Section 655 of title 18, United States Code, is amended by 
inserting ``or attempts to steal or so take,'' after ``unlawfully 
takes,''.
    (d) Sections 656 and 657 of title 18, United States Code, are each 
amended--
            (1) by inserting ``, or attempts to embezzle, abstract, 
        purloin, or willfully misapply,'' after ``willfully 
        misapplies''; and
            (2) by inserting ``or attempted to be embezzled, 
        abstracted, purloined, or misapplied'' after ``misapplied''.
    (e) Section 658 of title 18, United States Code, is amended by 
inserting ``or attempts so to remove, dispose of, or convert,'' before 
``any property''.
    (f) Section 659 of title 18, United States Code, is amended--
            (1) in the first and third paragraphs by inserting ``or 
        attempts to embezzle, steal, or so take or carry away,'' after 
        ``carries away,''; and
            (2) in the fourth paragraph by inserting ``or attempts to 
        embezzle, steal, or so take,'' before ``from any railroad 
        car''.
    (g) Section 661 of title 18, United States Code, is amended--
            (1) by inserting ``or attempts so to take and carry away,'' 
        before ``any personal property''; and
            (2) by inserting ``or attempted to be taken'' after 
        ``taken'' each place it appears.
    (h) Section 664 of title 18, United States Code, is amended by 
inserting ``or attempts to embezzle, steal, or so abstract or 
convert,'' before ``any of the moneys''.
    (i) Section 665(a) of title 18, United States Code, is amended--
            (1) by inserting ``, or attempts to embezzle, so misapply, 
        steal, or obtain by fraud,'' before ``any of the moneys''; and
            (2) by inserting ``or attempted to be embezzled, 
        misapplied, stolen, or obtained by fraud'' after ``obtained by 
        fraud''.
    (i) Section 666(a)(1)(A) of title 18, United States Code, is 
amended by inserting ``or attempts to embezzle, steal, obtain by fraud, 
or so convert or misapply,'' before ``property''.
    (j) Section 1025 of title 18, United States Code, is amended--
            (1) by inserting ``or attempts to obtain'' after 
        ``obtains''; and
            (2) by inserting ``or attempted to be obtained'' after 
        ``obtained''.
    (k) Section 1163 of title 18, United States Code, is amended by 
inserting ``attempts so to embezzle, steal, convert, or misapply,'' 
after ``willfully misapplies,''.
    (l) Sections 1167(a) and (b) of title 18, United States Code, are 
each amended by inserting ``or attempts so to abstract, purloin, 
misapply, or take and carry away,'' before ``any money''.
    (m) Sections 1168(a) and (b) of title 18, United States Code, are 
each amended by inserting ``or attempts so to embezzle, abstract, 
purloin, misapply, or take and carry away,'' before ``any moneys,''.
    (n) Section 1707 of title 18, United States Code, is amended by 
inserting ``, or attempts to steal, purloin, or embezzle,'' before 
``any property'' and by inserting ``or attempts to appropriate'' after 
``appropriates''.
    (o) Section 1708 of title 18, United States Code, is amended in the 
second paragraph by inserting ``or attempts to steal, take, or 
abstract,'' after ``abstracts,'' and by inserting'', or attempts so to 
obtain,'' after ``obtains''.
    (p) Section 1709 of title 18, United States Code is amended--
            (1) by inserting ``or attempts to embezzle'' after 
        ``embezzles''; and
            (2) by inserting ``, or attempts to steal, abstract, or 
        remove,'' after ``removes''.
    (q) Section 1711 of title 18, United States Code, is amended by 
inserting ``or attempts to loan, use, pledge, hypothecate, or convert 
to his own use,'' after ``use''.
    (r) Section 2113(b) of title 18, United States Code, is amended by 
inserting ``or attempts so to take and carry away,'' before ``any 
property'' each place it appears.
    (s) Section 669(a) of title 18, United States Code, is amended by 
inserting ``, or attempts to embezzle, steal, convert without 
authority, or intentionally misapply,'' before ``any of the moneys''.
    (t) Section 477 of title 18, United States Code, is amended by 
inserting ``, or attempts so to sell, give, or deliver,'' before ``any 
such imprint''.
    (u) Section 479 of title 18, United States Code, is amended by 
inserting ``or attempts to utter or pass,'' after ``passes,''.
    (v) Section 490 of title 18, United States Code, is amended by 
inserting ``attempts to pass, utter, or sell,'' before ``or 
possesses''.
    (w) Section 513(a) of title 18, United States Code, is amended by 
inserting ``or attempts to utter,'' after ``utters''.

SEC. 7343. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING 
              MACHINES.

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

SEC. 7344. THEFT OF VESSELS.

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

SEC. 7345. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE 
              BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN 
              CERTAIN TYPES OF INVESTIGATIONS.

    Section 1510(b)(3)(B) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (i);
            (2) by striking the period and inserting ``; or'' at the 
        end of subparagraph (ii); and
            (3) by adding the following new subparagraph:
                            ``(iii) the Controlled Substances Act, the 
                        Controlled Substances Import and Export Act, or 
                        section 60501 of the Internal Revenue Code of 
                        1986.''.

SEC. 7346. CONFORMING AMENDMENT TO INJUNCTION AGAINST FRAUD STATUTE.

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

SEC. 7347. CORRECTION OF ERROR IN PERJURY RECANTATION STATUTE.

    Section 1623(d) of title 18, United States Code, is amended by 
striking ``or'' the second place it appears and inserting ``and''.

SEC. 7348. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT 
              OR CONVERSION OF GRAND JURY MATERIAL.

    Section 641 of title 18, United States Code, is amended by striking 
``but if the value of such property does not exceed the sum of $1,000, 
he'' and inserting ``but if the value of such property, other than 
property constituting `matters occurring before the grand jury' within 
the meaning of Rule 6(e) of the Federal Rules of Criminal Procedure, 
does not exceed the sum of $1000,''.

SEC. 7349. AMENDMENT OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER TRAVEL 
              BY PERPETRATOR.

    Section 2314 of title 18, United States Code, is amended in the 
second undesignated paragraph by inserting ``travels in or'' before 
``transports or causes to be transported''.

SEC. 7350. MARIJUANA PLANTS.

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

 SEC. 7351. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL 
              UNDER FEDERAL SUPERVISION IN CERTAIN INTERCEPTIONS.

    Section 2518(5) of title 18, United States Code, is amended by 
inserting ``(including personnel of a foreign government or of a State 
or subdivision of a State or of an Indian tribe)'' after ``Government 
personnel''.

SEC. 7352. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE.

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

SEC. 7353. STRENGTHENING OF STATUTE PUNISHING EVASION OR EMBEZZLEMENT 
              OF CUSTOMS DUTIES.

    Section 542 of title 18, United States Code, is amended--
            (1) by striking ``two years'' and inserting ``five years''; 
        and
            (2) by inserting after the third undesignated paragraph the 
        following: ``This section shall not be construed to require 
        proof of any mental state with respect to whether the 
        defendant's willful act or  omission would deprive the 
government of any lawful duties.''.

SEC. 7354. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES.

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

SEC. 7355. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR CERTAIN BANK 
              FRAUD OFFENSES.

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

SEC. 7356. CLARIFYING AMENDMENT TO SECTION 704.

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

SEC. 7357. AMENDMENT TO SECTION 1547 TO CONFORM TO ENACTMENT OF THE 
              IMMIGRATION BILL.

    Section 1547 of title 18, United States Code, is amended by 
striking ``under this chapter (other than an offense under section 
1545)'' and inserting ``under section 1546(b)''.

SEC. 7358. EXPANDED JURISDICTION OVER CHILD BUYING AND SELLING OFFENSES 
              IN FEDERAL ENCLAVES.

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

SEC. 7359. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

    Section 2516(1)(g) of title 18, United States Code, is amended by 
striking ``a violation of section 5322 of title 31, United States Code 
(dealing with the reporting of currency transactions)'' and inserting 
``a violation of section 5322 or 5324 of title 31, United States Code 
(dealing with the reporting and illegal structuring of currency 
transactions)''.

SEC. 7360. FLUNITRAZEPAM PENALTIES.

    Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) 
is amended--
            (1) in subparagraph (1)(C), by striking ``1 gram of'' 
        before ``flunitrazepam,''; and
            (2) in subparagraph (1)(D), by striking ``or 30 grams of 
        flunitrazepam,''.

SEC. 7361. REMOVAL OF THE SUNSET PROVISION FOR THE S VISA 
              CLASSIFICATION PROGRAM.

    Section 214(k)(2) of the Immigration and Nationality Act of 1952, 
as amended (8 U.S.C. 1184(k)(2)) is repealed.

SEC. 7362. REPEAL OF DUPLICATIVE PROCEDURES.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended--
            (1) by striking subsections (g) through (p), (q)(1) through 
        (3), and (r); and
            (2) by redesignating subsections (q)(4) through (10) as 
        subsections (f)(1) through (7).

SEC. 7363. REPEAL OF OUTMODED PROVISIONS RELATING TO THE CANAL ZONE.

    (a) Section 14 of title 18, United States Code, and the item 
relating thereto in the chapter analysis for chapter 1 of title 18, 
United States Code, are repealed.
    (b) Section 1261 of title 18, United States Code, is amended--
            (1) by striking ``(a) The Secretary'' and inserting ``The 
        Secretary''; and
            (2) by striking subsection (b).
    (c) Section 3183 of title 18, United States Code, is amended by 
striking ``or the Panama Canal Zone,''.
    (d) Section 3241 of title 18, United States Code, is amended by 
striking ``United States District Court for the Canal Zone and the''.
    (e) This section, except subsection (d), shall take effect on 
January 1, 2000.

SEC. 7364. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE 
              PARTS IN INTERSTATE OR FOREIGN COMMERCE.

    (a) Definitions.--Section 31 of title 18, United States Code, is 
amended by striking all after the section heading and inserting the 
following:
    ``(a) In General.--
            ``(1) Aircraft.--The term `aircraft' means a civil, 
        military, or public contrivance invented, used, or designed to 
        navigate, fly, or travel in the air.
            ``(2) Aviation quality.--The term `aviation quality', with 
        respect to a part of an aircraft or space vehicle, means the 
        quality of having been manufactured, constructed, produced, 
        repaired, overhauled, rebuilt, reconditioned, or restored in 
        conformity with applicable standards specified by law 
        (including a regulation) or contract.
            ``(3) Destructive substance.--The term `destructive 
        substance' means an explosive substance, flammable material, 
        infernal machine, or other chemical, mechanical, or radioactive 
        device or matter of a combustible, contaminative, corrosive, or 
        explosive nature.
            ``(4) In flight.--The term `in flight' means--
                    ``(A) any time from the moment at which all the 
                external doors of an aircraft are closed following 
                embarkation until the moment when any such door is 
                opened for disembarkation; and
                    ``(B) in the case of a forced landing, until 
                competent authorities take over the responsibility for 
                the aircraft and the persons and property on board.
            ``(5) In service.--The term `in service' means--
                    ``(A) any time from the beginning of preflight 
                preparation of an aircraft by ground personnel or by 
                the crew for a specific flight until 24 hours after any 
                landing; and
                    ``(B) in any event includes the entire period 
                during which the aircraft is in flight.
            ``(6) Motor vehicle.--The term `motor vehicle' means every 
        description of carriage or other contrivance propelled or drawn 
        by mechanical power and used for commercial purposes on the 
        highways in the transportation of passengers, passengers and 
        property, or property or cargo.
            ``(7) Part.--The term `part' means a frame, assembly, 
        component, appliance, engine, propeller, material, part, spare 
        part, piece, section, or related integral or auxiliary 
        equipment.
            ``(8) Space vehicle.--The term `space vehicle' means a man-
        made device, either manned or unmanned, designed for operation 
        beyond the Earth's atmosphere.
            ``(9) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(10) Used for commercial purposes.--The term `used for 
        commercial purposes' means the carriage of persons or property 
        for any fare, fee, rate, charge or other consideration, or 
        directly or indirectly in connection with any business, or 
        other undertaking intended for profit.
    ``(b) Terms Defined in Other Law.--In this chapter, the terms 
`aircraft engine', `air navigation facility', `appliance', `civil 
aircraft', `foreign air commerce', `interstate air commerce', `landing 
area', `overseas air commerce', `propeller', `spare part', and `special 
aircraft jurisdiction of the United States' have the meanings given 
those terms in sections 40102(a) and 46501 of title 49.''.
    (b) Fraud.--
            (1) In general.--Chapter 2 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in 
              interstate or foreign commerce
    ``(a) Offenses.--A person that, in or affecting interstate or 
foreign commerce, knowingly--
            ``(1)(A) falsifies or conceals a material fact;
            ``(B) makes any materially fraudulent representation; or
            ``(C) makes or uses any materially false writing, entry, 
        certification, document, record, data plate, label, or 
        electronic communication;
        concerning any aircraft or space vehicle part;
            ``(2) exports from or imports or introduces into the United 
        States, sells, trades, installs on or in any aircraft or space 
        vehicle any aircraft or space vehicle part using or by means of 
        a fraudulent representation, document, record, certification, 
        depiction, data plate, label, or electronic communication; or
            ``(3) attempts or conspires to commit an offense described 
        in paragraph (1) or (2);
shall be punished as provided in subsection (b).
    ``(b) Penalties.--The punishment for an offense under subsection 
(a) is as follows:
            ``(1) Aviation quality.--If the offense relates to the 
        aviation quality of a part and the part is installed in an 
        aircraft or space vehicle, a fine of not more than $500,000, 
        imprisonment for not more than 25 years, or both.
            ``(2) Failure to operate as represented.--If, by reason of 
        the failure of the part to operate as represented, the part to 
        which the offense is related is the probable cause of a 
        malfunction or failure that results in serious bodily injury 
        (as defined in section 1365) to or the death of any person, a 
        fine of not more than $1,000,000, imprisonment for any term of 
        years or life, or both.
            ``(3) Organizations.--If the offense is committed by an 
        organization, a fine of not more than $25,000,000.
            ``(4) Other circumstances.--In the case of an offense not 
        described in paragraph (1), (2), or (3), a fine under this 
        title, imprisonment for not more than 15 years, or both.
    ``(c) Civil Remedies.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction to prevent and restrain violations of 
        this section by issuing appropriate orders, including--
                    ``(A) ordering a person convicted of an offense 
                under this section to divest any interest, direct or 
                indirect, in any enterprise, or to destroy, or to 
                mutilate and sell as scrap, aircraft material or part 
                inventories or stocks;
                    ``(B) imposing reasonable restrictions on the 
                future activities or investments of any such person, 
                including prohibiting engagement in the same type of 
                endeavor as used to commit the offense; and
                    ``(C) ordering dissolution or reorganization of any 
                enterprise, making due provisions for the rights and 
                interests of innocent persons.
            ``(2) Restraining orders and prohibition.--Pending final 
        determination of a proceeding brought under this section, the 
        court may enter such  restraining orders or prohibitions, or 
take such other actions (including the acceptance of satisfactory 
performance bonds) as the court deems proper.
            ``(3) Estoppel.--A final judgment rendered in favor of the 
        United States in any criminal proceeding brought under this 
        section shall estop the defendant from denying the essential 
        allegations of the criminal offense in any subsequent civil 
        proceeding brought by the United States.
    ``(d) Criminal Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on any 
        person convicted of an offense under this section, shall order, 
        in addition to any other sentence and irrespective of any 
        provision of State law, that the person forfeit to the United 
        States--
                    ``(A) any property constituting, or derived from, 
                any proceeds that the person obtained, directly or 
                indirectly, as a result of the offense; and
                    ``(B) any property used, or intended to be used in 
                any manner, to commit or facilitate the commission of 
                the offense.
            ``(2) Application of other law.--The forfeiture of property 
        under this section, including any seizure and disposition of 
        the property, and any proceedings relating to the property, 
        shall be governed by section 413 of the Comprehensive Drug 
        Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including 
        subsection (d) of that section).
    ``(e) Construction With Other Law.--This section does not preempt 
or displace any other remedy, civil or criminal, provided by Federal or 
State law for the fraudulent importation, sale, trade, installation, or 
introduction into commerce of an aircraft or space vehicle part.
    ``(f) Territorial Scope.--This section applies to conduct occurring 
inside or outside the United States.
    ``(g) Authorized Investigative Demand Procedures.--
            ``(1) Authorization.--
                    ``(A) Subpoenas.--In any investigation relating to 
                any act or activity involving an offense under this 
                section, the Attorney General may issue in writing and 
                cause to be served a subpoena--
                            ``(i) requiring the production of any 
                        record (including any book, paper, document, 
                        electronic medium, or other object or tangible 
                        thing) that may be relevant to an authorized 
                        law enforcement inquiry, that a person or legal 
                        entity may possess or have care or custody of 
                        or control over; and
                            ``(ii) requiring a custodian of a record to 
                        give testimony concerning the production and 
                        authentication of the record.
                    ``(B) Contents.--A subpoena under subparagraph (A) 
                shall--
                            ``(i) describe the object required to be 
                        produced; and
                            ``(ii) prescribe a return date within a 
                        reasonable period of time within which the 
                        object can be assembled and produced.
                    ``(C) Limitation.--The production of a record shall 
                not be required under this section at any place more 
                than 500 miles from the place at which the subpoena for 
                the production of the record is served.
                    ``(D) Witness fees.--A witness summoned under this 
                section shall be paid the same fees and mileage as are 
                paid witnesses in courts of the United States.
    ``(b) Service.--
            ``(1) In general.--A subpoena issued under subsection (a) 
        may be served by any person who is at least 18 years of age and 
        is designated in the subpoena to serve the subpoena.
            ``(2) Natural persons.--Service of a subpoena issued under 
        subsection (a) on a natural person may be made by personal 
        delivery of the subpoena to the person.
            ``(3) Corporations and other organizations.--Service of a 
        subpoena issued under subsection (a) on a domestic or foreign 
        corporation or on a partnership or other unincorporated 
        association that is subject to suit under a common name may be 
        made by delivering the subpoena to an officer, to a managing or 
        general agent, or to any other agent authorized by appointment 
        or by law to receive service of process for the corporation, 
        partnership, or association.
            ``(4) Proof of service.--The affidavit of the person 
        serving the subpoena entered or a true copy of such an 
        affidavit shall be proof of service.
    ``(c) Enforcement.--
            ``(1) In general.--In the case of a failure to comply with 
        a subpoena issued under subsection (a), the Attorney General 
        may invoke the aid of any court of the United States within the 
        jurisdiction of which the investigation is carried on or of 
        which the subpoenaed person is an inhabitant, or in which the 
        subpoenaed person carries on business or may be found, to 
        compel compliance with the subpoena.
            ``(2) Orders.--The court may issue an order requiring the 
        subpoenaed person to appear before the Attorney General to 
        produce a record or to give testimony concerning the production 
        and authentication of a record.
            ``(3) Contempt.--Any failure to obey the order of the court 
        may be punished by the court as a contempt of court.
            ``(4) Process.--All process in a case under this subsection 
        may be served in any judicial district in which the subpoenaed 
        person may be found.
    ``(d) Immunity From Civil Liability.--Notwithstanding any Federal, 
State, or local law, any person (including any officer, agent, or 
employee of a person) that receives a subpoena under this section, who 
complies in good faith with the subpoena and produces a record or 
material sought by a subpoena under this section, shall not be liable 
in any court of any State or the United States to any customer or other 
person for the production or for nondisclosure of the production to the 
customer.''.
            (2) Conforming amendments.--
                    (A) Chapter analysis.--The analysis for chapter 2 
                of title 18, United States Code, is amended by adding 
                at the end the following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
                            foreign commerce.''.
                    (B) Wire and electronic communications.--Section 
                2516(1)(c) of title 18, United States Code, is amended 
                by inserting ``section 38 (relating to aircraft parts 
                fraud),'' after ``section 32 (relating to destruction 
                of aircraft or aircraft facilities),''.

                  CHAPTER 5--FRAUD AGAINST THE ELDERLY

SEC. 7471. DEFINITIONS.

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

SEC. 7472. INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY.

    Beginning not later than 2 years after the date of enactment of 
this Act, as part of each National Crime Victimization Survey, the 
Attorney General shall include statistics relating to--
            (1) crimes targeting or disproportionately affecting 
        seniors; and
            (2) crime risk factors for seniors, including the times and 
        locations at which crimes victimizing seniors are most likely 
        to occur; and
            (3) specific characteristics of the victims of crimes who 
        are seniors, including age, gender, race or ethnicity, and 
        socioeconomic status.

SEC. 7473. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.

    (a) Directive to the United States Sentencing Commission.--In the 
exercise of its authority under section 994(p) of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and, if appropriate, amend section 
3A1.1(a) of the Federal sentencing guidelines to include the age of a 
crime victim as 1 of the criteria for determining whether the 
application of a sentencing enhancement is appropriate.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious 
        economic and physical harms associated with criminal activity 
        targeted at seniors due to their particular vulnerability;
            (2) consider providing increased penalties for persons 
        convicted of offenses in which the victim was a senior in 
        appropriate circumstances;
            (3) consult with individuals or groups representing 
        seniors, law enforcement agencies, victims organizations, and 
        the Federal judiciary, as part of the review described in 
        subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that may justify exceptions, including circumstances for which 
        the Federal sentencing guidelines provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing set forth in section 
        3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2000, the Commission shall 
submit to Congress a report on issues relating to the age of crime 
victims, which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for offenses involving seniors.

SEC. 7474. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend the Federal 
sentencing guidelines and the policy statements of the Commission with 
respect to persons convicted of offenses involving fraud in connection 
with a health care benefit program (as defined in section 24(b) of 
title 18, United States Code).
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious harms 
        associated with health care fraud and the need for aggressive 
        and appropriate law enforcement action to prevent such fraud;
            (2) consider providing increased penalties for persons 
        convicted of health care fraud in appropriate circumstances;
            (3) consult with individuals or groups representing victims 
        of health care fraud, law enforcement agencies, the health care 
        industry, and the Federal judiciary as part of the review 
        described in subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the Federal sentencing guidelines provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing as set forth in 
        section 3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2000, the Commission shall 
submit to Congress a report on issues relating to offenses described in 
subsection (a), which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for those offenses.

SEC. 7475. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS INJURY OR 
              DEATH.

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

SEC. 7476. TELEMARKETING SCAMS.

    (a) Expansion of Scope of Telemarketing Fraud Subject to Enhanced 
Criminal Penalties.--Section 2325(1) of title 18, United States Code, 
is amended by striking ``telephone calls'' and inserting ``wire 
communications utilizing a telephone service''.
    (b) Blocking or Termination of Telephone Service Associated With 
Telemarketing Fraud.--
            (1) In general.--Chapter 113A of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2328. Blocking or termination of telephone service
    ``(a) Definitions.--In this section:
            ``(1) Reasonable notice to the subscriber.--
                    ``(A) In general.--The term `reasonable notice to 
                the subscriber', in the case of a subscriber of a 
                common carrier, means any information necessary to 
                provide notice to the subscriber that--
                            ``(i) the wire communications facilities 
                        furnished by the common carrier may not be used 
                        for the purpose of transmitting, receiving, 
                        forwarding, or delivering a wire communication 
                        in interstate or foreign commerce for the 
                        purpose of executing any scheme or artifice to 
                        defraud in connection with the conduct of 
                        telemarketing; and
                            ``(ii) such use constitutes sufficient 
                        grounds for the immediate discontinuance or 
                        refusal of the leasing, furnishing, or 
                        maintaining of the facilities to or for the 
                        subscriber.
                    ``(B) Included matter.--The term includes any 
                tariff filed by the common carrier with the Federal 
                Communications Commission that contains the information 
                specified in subparagraph (A).
            ``(2) Wire communication.--The term `wire communication' 
        has the meaning given that term in section 2510(1) of this 
        title.
            ``(3) Wire communications facility.--The term `wire 
        communications facility' means any facility (including 
        instrumentalities, personnel, and services) used by a common 
        carrier for purposes of the transmission, receipt, forwarding, 
        or delivery of wire communications.
    ``(b) In General.--If a common carrier subject to the jurisdiction 
of the Federal Communications Commission is notified in writing by the 
Attorney General, acting within the Attorney General's jurisdiction, 
that any wire communications facility furnished by such common carrier 
is being used or will be used by a subscriber for the purpose of 
transmitting or receiving a wire communication in interstate or foreign 
commerce for the purpose of executing any scheme or artifice to 
defraud, or for obtaining money or property by means of false or 
fraudulent pretenses, representations, or promises, in connection with 
the conduct of telemarketing, the common carrier shall discontinue or 
refuse the leasing, furnishing, or maintaining of the facility to or 
for the subscriber after reasonable notice to the subscriber.
    ``(c) Prohibition of Damages.--No damages, penalty, or forfeiture, 
whether civil or criminal, shall be found or imposed against any common 
carrier for any act done by the common carrier in compliance with a 
notice received from the Attorney General under this section.
    ``(d) Relief.--
            ``(1) In general.--Nothing in this section may be construed 
        to prejudice the right of any person affected thereby to secure 
        an appropriate determination, as otherwise provided by law, in 
        a Federal court, that--
                    ``(A) the leasing, furnishing, or maintaining of a 
                facility should not be discontinued or refused under 
                this section; or
                    ``(B) the leasing, furnishing, or maintaining of a 
                facility that has been so discontinued or refused 
                should be restored.
            ``(2) Supporting information.--In any action brought under 
        this subsection, the court may direct that the Attorney General 
        present evidence in support of the notice made under subsection 
        (a) to which such action relates.''.
            (2) Conforming amendment.--The analysis for that chapter is 
        amended by adding at the end the following:

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

SEC. 7477. GRAND JURY DISCLOSURE IN INVESTIGATIONS OF HEALTH CARE 
              OFFENSES.

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

SEC. 7478. VICTIM RESTITUTION.

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

        Subtitle D--Federal Law Enforcement Agency Improvements

SEC. 7501. REPEAL OF PROVISION REQUIRING COMPILATION OF STATISTICS 
              RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES.

    Section 808 of the Antiterrorism and Effective Death Penalty Act of 
1996 (110 Stat. 1310) is repealed.

SEC. 7502. FLIGHT TO AVOID PROSECUTION OR GIVING TESTIMONY.

    Section 1073 of title 18, United States Code, is amended in the 
first sentence of the first undesignated paragraph by inserting after 
``commerce'' the following: ``, or enters or leaves Indian country,''.

SEC. 7503. CONTRABAND IN PRISON.

    Section 1791(d)(4) of title 18, United States Code, is amended to 
read as follows:
            ``(4) Prison.--The term `prison' means any facility 
        (including any privately owned facility) housing any person 
        detained under chapter 807 or under section 242(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(i)), or 
        imprisoned under subchapter C of chapter 229.''.

SEC. 7504. PERSONNEL MANAGEMENT SYSTEM FOR CERTAIN POSITIONS IN THE 
              FEDERAL BUREAU OF INVESTIGATION.

    Section 122 of Public Law 105-119 (111 Stat. 2469) is amended--
            (1) in subsection (a), by striking ``3-year period'' and 
        inserting ``4-year period''; and
            (2) in subsection (h), by adding at the end the following: 
        ``An employee may not be separated from employment with the 
        Federal Bureau of Investigation or receive a reduction in pay 
        by reason of the termination of authority.''.

SEC. 7505. HUMANITARIAN ASSISTANCE.

    (a) Findings.--Congress finds that--
            (1) the employees of the Drug Enforcement Administration 
        and the Federal Bureau of Investigation unselfishly give of 
        themselves, and they make significant personal sacrifices in 
        the performance of their official duties;
            (2) unfortunately, given the unique and demanding nature of 
        their jobs and the unpredictable risks associated with their 
        duties, employees of those agencies may be seriously injured, 
        become seriously ill, or be killed during the performance of 
        official duties; and
            (3) in 1990, Congress recognized the tremendous sacrifice 
        made by those employees and authorized the Drug Enforcement 
        Administration and the Federal Bureau of Investigation to 
        expend appropriated funds for humanitarian assistance designed 
        to aid, assist, or comfort employees or their immediate 
        families in appropriate instances.
    (b) Amendment.--Title XXXII of the Crime Control Act of 1990 is 
amended by striking section 3201 (Public Law 101-647; 28 U.S.C. 509 
note) and inserting the following:

``SEC. 3201. HUMANITARIAN ASSISTANCE.

    ``(a) Financial Assistance.--The Administrator of Drug Enforcement 
Administration (referred to in this section as the `Administrator'), in 
the sole discretion of the Administrator, and the Director of the 
Federal Bureau of Investigation (referred to in this section as the 
`Director'), in the sole discretion of the Director, may pay 
humanitarian assistance expenses incurred--
            ``(1) by an employee of the Drug Enforcement Administration 
        or Federal Bureau of Investigation as a result of serious 
        illness, serious injury, or death of the employee occurring 
        while on official business; or
            ``(2) by a member of the immediate family of such an 
        employee, incident to the serious illness, serious injury, or 
        death of the employee occurring while on official business.
    ``(b) Other Assistance.--The Administrator and the Director may use 
Government equipment (including vehicles) and incidental materials in 
humanitarian matters involving the serious injury, serious illness, or 
death of an employee occurring while on official business when 
necessary to provide comfort, assistance, or aid to the employee or the 
immediate family of the employee, so long as such use would not 
interfere with the mission and responsibilities of the Drug Enforcement 
Administration or the Federal Bureau of Investigation.
    ``(c) Regulations and Procedures.--The Administrator and the 
Director may promulgate regulations and procedures to carry out this 
section.
    ``(d) Rights and Benefits.--This section does not convey or imply 
the conveyance of any right or benefit, substantive or procedural in 
nature, enforceable at law by an individual seeking to compel the 
payment of any expenses or the performance of any action by the Drug 
Enforcement Administration or the Federal Bureau of Investigation under 
this section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) to the Drug Enforcement Administration, $50,000 for 
        each fiscal year; and
            ``(2) to the Federal Bureau of Investigation, $50,000 for 
        each fiscal year.''.

SEC. 7506. SCHOLARSHIP PROGRAM.

    (a) Findings.--Congress finds that--
            (1) the demands on supervisors in law enforcement agencies 
        are growing more challenging every year;
            (2) it is essential that law enforcement supervisors be 
        well equipped to meet those demands;
            (3) additional educational opportunities would make law 
        enforcement supervisors more effective managers and would 
        directly benefit their agencies; and
            (4) a Federal program allowing qualified managers to attend 
        graduate school full time on a Government scholarship while 
        receiving regular pay and benefits, in order to obtain a 
        masters degree in a job-related field, would help to better 
        prepare law enforcement supervisors to meet the demands placed 
        on them.
    (b) Establishment of Program.--
            (1) In general.--The heads of the Department of Justice law 
        enforcement agencies may, under regulations promulgated by the 
        Attorney General, send employees in supervisory positions as 
        students to accredited masters degree programs in areas related 
        to their jobs.
            (2) Limitation.--Not more than 10 such employees from each 
        law enforcement agency may begin such training in any fiscal 
        year.
            (3) Eligibility.--To be eligible for training under 
        subsection (a), an employee--
                    (A) shall be a citizen of the United States;
                    (B) shall have served with the agency for a period 
                of not less than 6 years;
                    (C) shall be in pay grade GS-13 or above as of the 
                time the training begins; and
                    (D) shall sign an agreement that, unless sooner 
                separated from employment with the agency, the employee 
                will--
                            (i) complete the educational course of 
                        training; and
                            (ii) agree to--
                                    (I) serve in the law enforcement 
                                agency following completion or other 
                                termination of training for a period of 
                                time determined under regulations 
                                promulgated by the Attorney General; or
                                    (II) reimburse the agency pro rata 
                                for the costs of the training.
            (4) Selection.--Employees of a law enforcement agency shall 
        be selected for training under paragraph (1) on a competitive 
        basis under regulations promulgated by the Attorney General.
            (5) Educational expenses.--Educational expenses of a law 
        enforcement agency incurred incident to the training of 
        employees under this section (including tuition, fees, books, 
        and laboratory expenses) shall be paid from any funds 
        appropriated for the agency.

SEC. 7507. NONCOMPETITIVE CONVERSION TO CAREER APPOINTMENTS OF CERTAIN 
              EMPLOYEES OF THE DRUG ENFORCEMENT ADMINISTRATION.

    (a) In General.--An employee of the Drug Enforcement Administration 
who is serving under a Schedule B appointment under authority of title 
5, Code of Federal Regulations and section 213.3201(a) (Office of 
Personnel Management Schedule B appointment authorization number 
213.3210(c)), in the discretion of the Administrator  of the Drug 
Enforcement Administration, may be converted noncompetitively to a 
career or a career-conditional appointment on completion of at least 3 
years of full time service, if--
            (1) the employee's past performance and conduct has been 
        satisfactory; and
            (2) the employee meets qualifications and other 
        requirements established by the Director of the Office of 
        Personnel Management.
    (b) Schedule B Appointments.--
            (1) In general.--The Administrator of the Drug Enforcement 
        Administration may grant Schedule B appointments to individuals 
        who are selected for positions in the GS-132 or GS-1801 job 
        series.
            (2) Conversion.--Individuals hired under appointments under 
        paragraph (1) may be converted to career or career-conditional 
        appointments on satisfaction of the conditions stated in 
        subsection (a).

SEC. 7508. OFFICE OF PROFESSIONAL RESPONSIBILITY.

    Section 506(a) of the Controlled Substances Act (21 U.S.C. 876(a)) 
is amended in the first sentence by inserting ``or in any investigation 
into an allegation of misconduct by an employee of the Drug Enforcement 
Administration'' after ``encapsulating machines''.

SEC. 7509. CUSTOMS CYBERSMUGGLING CENTER.

    (a) Findings.--Congress finds that--
            (1) in August, 1977, the United States Customs Service 
        established the Customs Cybersmuggling Center (C3);
            (2) C3 is responsible for the investigation of violations 
        related to, inter alia, international child pornography, child 
        exploitation, and child sex tourism; drug trafficking; the 
        violation of Intellectual Property Rights (IPR) statutes; the 
        trafficking in weapons of mass destruction, their delivery 
        systems, and spare parts; and international money laundering;
            (3) the goals and objectives of C3 are--
                    (A) to direct and coordinate the United States 
                Customs Service cybersmuggling initiatives;
                    (B) to maximize and optimize the utilization of all 
                available United States Customs Service resources to 
                combat cybersmuggling activity;
                    (C) to complement and support the investigative 
                programs of the United States Customs Service, Office 
                of Investigations;
                    (D) to identify, prepare for, and prevent future 
                uses of cyberspace for the conduct of smuggling-related 
                activity;
                    (E) to develop the necessary capabilities that will 
                enable the United States Customs Service to meet future 
                threats facilitated by the use of cyberspace;
                    (F) to protect the health and welfare of United 
                States citizens, other residents, and industry from 
                smuggling activity perpetrated and/or facilitated 
                through the use of international cyberspace;
                    (G) to protect United States businesses and 
                industry from international economic espionage 
                facilitated by the use of cyberspace;
                    (H) to increase compliance with the laws, 
                regulations, policies, and procedures governing 
                international commerce, travel, and transportation;
                    (I) to identify and target for investigation 
                international cybersmuggling violators and violations;
                    (J) to coordinate international cybersmuggling 
                investigations on behalf of the United States Customs 
                Service;
                    (K) to assist and support United States Customs 
                Services field offices investigate cybersmuggling 
                activity for the purpose of effecting arrests, 
                indictments, and convictions;
                    (L) to assist and support United States Customs 
                Service field offices interdict, seize, and forfeit 
                illegal and illicit merchandise and cargo entering and/
                or exiting the United States by illegal means, whose 
                transportation is facilitated through the use of the 
                Internet or other cyberspacial media;
                    (M) to assist and support the United States Customs 
                Service in the identification and seizure of assets 
                derived from cybersmuggling-related activities; and
                    (N) to terminate and otherwise disrupt the use of 
                international cyberspace for illegal and illicit 
                purposes while, at the same time, protecting the rights 
                of United States citizens as granted by the 
                Constitution and laws of the United States;
            (4) C3 oversees, among other things--
                    (A) the National Child Pornography and Child Sexual 
                Exploitation Program, which is responsible for 
                coordinating all child pornography/child sexual 
                exploitation investigations and related matters on 
                behalf of the United States Customs Service;
                    (B) the National Computer Forensics Program, which 
                is responsible for coordinating all computer forensics 
                activity within the United States Customs Service as 
                well as oversight and supervision of the CIS 2000 
                initiative as it applies to the United States Customs 
                Service; and
                    (C) the National Cybersmuggling Program, which is 
                responsible for the identification and development of 
                nonchild pornography/child sexual exploitation-related 
                targets suspected of being involved in cybersmuggling 
                activities and, once identified, for providing the 
                responsible United States Customs Service field office 
                with the information necessary to support indictment, 
                arrest, seizure, and forfeiture; and
            (5) additional funding is required for the United States 
        Customs Cybersmuggling Center to effectively perform its 
        functions.
    (b) Authorization of Appropriations for United States Customs 
Cybersmuggling Center.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the United States Customs Service 
        $5,000,000 for each of the fiscal years 2000, 2001, 2002, and 
        2003, to carry out the programs established by the 
        Cybersmuggling Center of the United States Customs Service.
            (2) Use of amounts for child pornography cyber tipline.--Of 
        the amounts appropriated under paragraph (1), the United States 
        Customs Service shall provide 2.50 percent of each fiscal year 
        appropriation to the National Center for Missing and Exploited 
        Children for the operation of the child pornography cyber 
        tipline of the Center and for increased public awareness of the 
        tipline.
            (3) Discretionary authority.--Of the remaining amounts 
        appropriated under paragraph (1), the United States Customs 
        Service may allocate such funds for the hiring and retention of 
        agents and other necessary personnel, the purchase of equipment 
        and supplies, and for training and educational purposes, as are 
        consistent with the attainment of the goals and objectives 
        described in subsection (a).

     TITLE VIII--21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT

SEC. 8001. SHORT TITLE.

    This title may be cited as the ``21st Century Department of Justice 
Appropriations Authorization Act''.

  Subtitle A--Authorization of Appropriations for Fiscal Years 2000, 
                             2001, and 2002

SEC. 8101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.

    There are authorized to be appropriated for fiscal years 2000, 
2001, and 2002, to carry out the activities of the Department of 
Justice (including, without limitation, any bureau, office, board, 
division, commission, subdivision, unit, or other component thereof), 
the following sums:
            (1) For General Administration: $249,989,000 for fiscal 
        year 2000, $262,489,000 for fiscal year 2001, and $275,613,450 
        for fiscal year 2002.
            (2) For Administrative Review and Appeals (administration 
        of pardon and clemency petitions and for immigration-related 
        activities): $152,106,000 for fiscal year 2000, $159,712,000 
        for fiscal year 2001, and $167,697,600 for fiscal year 2002.
            (3) For the Office of Inspector General: $36,341,000 for 
        fiscal year 2000, $38,158,000 for fiscal year 2001, and 
        $40,065,900 for fiscal year 2002, which shall include for each 
        such year, without limitation, not to exceed $10,000 to meet 
        unforeseen emergencies of a confidential character, to be 
        expended under the direction of the Attorney General, and to be 
        accounted for solely on the certificate of the Attorney 
        General.
            (4) For General Legal Activities: $509,781,000 for fiscal 
        year 2000, $535,270,000 for fiscal year 2001, and $562,033,500 
        for fiscal year 2002, which shall include for each such year, 
        without limitation--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals; and
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character, to be expended 
                under the direction of the Attorney General, and to be 
                accounted for solely on the certificate of the Attorney 
                General.
            (5) For the Antitrust Division: $107,987,000 for fiscal 
        year 2000, $113,386,000 for fiscal year 2001, and $119,055,300 
        for fiscal year 2002.
            (6) For United States Attorneys: $1,162,343,000 for fiscal 
        year 2000, $1,220,460,000 for fiscal year 2001, and 
        $1,281,483,000 for fiscal year 2002.
            (7) For the Federal Bureau of Investigation: $3,164,679,000 
        for fiscal year 2000, $3,322,913,000 for fiscal year 2001, and 
        $3,489,058,600 for fiscal year 2002, which shall include for 
        each such year, without limitation--
                    (A) not to exceed $14,146,000 for construction, to 
                remain available until expended; and
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character, to be expended 
                under the direction of the Attorney General, and to be 
                accounted for solely on the certificate of the Attorney 
                General.
            (8) For the United States Marshals Service: $554,785,000 
        for fiscal year 2000, $582,525,000 for fiscal year 2001, and 
        $611,651,250 for fiscal year 2002, which shall include for each 
        such year, without limitation--
                    (A) not to exceed $6,300,000 for construction, to 
                remain available until expended; and
                    (B) $10,000,000 for administrative expenses of the 
                Justice Prisoner and Alien Transportation System, to 
                remain available until expended.
            (9) For the Drug Enforcement Administration: $1,252,358,000 
        for fiscal year 2000, $1,314,994,000 for fiscal year 2001, and 
        $1,380,743,700 for fiscal year 2002, which shall include for 
        each such year, without limitation--
                    (A) not to exceed $8,000,000 for construction, to 
                remain available until expended;
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character, to be expended 
                under the direction of the Attorney General, and to be 
                accounted for solely on the certificate of the Attorney 
                General or the Deputy Attorney General; and
                    (C) not to exceed $15,000,000 for diversion 
                control.
            (10) For the Immigration and Naturalization Service: 
        $2,839,756,000 for fiscal year 2000, $2,981,544,000 for fiscal 
        year 2001, and  $3,130,621,200 for fiscal year 2002, which 
shall include for each such year, without limitation--
                    (A) not to exceed $118,170,000 for construction, to 
                remain available until expended;
                    (B) not to exceed $50,000 to meet unforeseen 
                emergencies of a confidential character to be expended 
                under the direction of the Attorney General and to be 
                accounted for solely on the certificate of the Attorney 
                General; and
                    (C) $4,000,000 for each fiscal year to establish 
                and operate--
                            (i) a district office in Memphis, 
                        Tennessee, for the States of Tennessee, 
                        Arkansas, and Kentucky, and the portion of the 
                        State of Mississippi north of the city of 
                        Jackson;
                            (ii) a district office in San Jose, 
                        California, for the counties of Monterey, Santa 
                        Clara, San Benito, and Santa Cruz of the State 
                        of California;
                            (iii) a suboffice in Nashville, Tennessee, 
                        for the counties of Anderson, Blount, Campbell, 
                        Cannon, Carter, Cheatham, Claiborne, Clay, 
                        Cocke, Cumberland, Davidson, DeKalb, Dickson, 
                        Fentress, Grainger, Greene, Hamblen, Hancock, 
                        Hawkins, Houston, Humphreys, Jackson, 
                        Jefferson, Johnson, Knox, Loudon, Macon, 
                        Monroe, Montgomery, Morgan, Overton, Pickett, 
                        Putnam, Roane, Robertson, Rutherford, Scott, 
                        Sevier, Smith, Stewart, Sullivan, Sumner, 
                        Trousdale, Unicoi, Union, Washington, White, 
                        Williamson, and Wilson of the State of 
                        Tennessee;
                            (iv) a district office in Charlotte, North 
                        Carolina, for the States of North Carolina and 
                        South Carolina; and
                            (v) a suboffice in St. George, Utah, for 
                        the counties of Washington, Kane, Iron, 
                        Garfield, San Juan, Wayne, Piute, Beaver, 
                        Sevier, and Millard.
            (11) For Fees and Expenses of Witnesses: $99,750,000 for 
        fiscal year 2000, $104,738,000 for fiscal year 2001, and 
        $109,974,900 for fiscal year 2002, to remain available until 
        expended, which shall include for each such year, without 
        limitation, not to exceed $6,000,000 for construction relating 
        to protected witness safe sites.
            (12) For Interagency Crime and Drug Enforcement (expenses, 
        not otherwise provided for, relating to the investigation and 
        prosecution of individuals involved in organized crime drug 
        trafficking): $319,215,000 for fiscal year 2000, $335,176,000 
        for fiscal year 2001, and $351,934,800 for fiscal year 2002.
            (13) For the Federal Prison System, including the National 
        Institute of Corrections: $4,733,900,000 for fiscal year 2000, 
        $4,970,595,000 for fiscal year 2001, and $5,219,124,700 for 
        fiscal year 2002.
            (14) For the Foreign Claims Settlement Commission: 
        $1,402,000 for fiscal year 2000, $1,472,000 for fiscal year 
        2001, and $1,545,600 for fiscal year 2002.
            (15) For the Community Relations Service: $5,000,000 for 
        fiscal year 2000, $4,500,000 for fiscal year 2001, and 
        $4,000,000 for fiscal year 2002.
            (16) For the Assets Forfeiture Fund (expenses authorized by 
        section 524 of title 28, United States Code): $24,150,000 for 
        fiscal year 2000, $25,358,000 for fiscal year 2001, and 
        $26,625,900 for fiscal year 2002.
            (17) For Federal Prisoner Detention: $526,428,000 for 
        fiscal year 2000, $552,749,400 for fiscal year 2001, and 
        $580,386,700 for fiscal year 2002, to remain available until 
        expended.
            (18) For the United States Parole Commission: $8,002,000 
        for fiscal year 2000, $8,402,000 for fiscal year 2001, and 
        $8,822,100 for fiscal year 2002.
            (19) For official reception and representation expenses of 
        the Department of Justice (including any bureau, office, board, 
        division, commission, subdivision, unit, or other component 
        thereof), not to exceed $200,000 for each of fiscal years 2000, 
        2001, and 2002.

SEC. 8102. FEDERAL PRISON INDUSTRIES.

    Notwithstanding chapter 307 of title 18, United States Code, not to 
exceed $3,429,000 for fiscal year 2000, not to exceed $3,601,000 for 
fiscal year 2001, and not to exceed $3,781,050 for fiscal year 2002, of 
the funds available to Federal Prison Industries may be used for--
            (1) administrative expenses; and
            (2) services authorized by section 3109 of title 5, United 
        States Code, all to be computed on an accrual basis in 
        accordance with the current prescribed accounting system of 
        Federal Prison Industries. Such funds shall be exclusive of 
        depreciation, payment of claims, and expenditures that such 
        accounting system requires to be capitalized or charged to the 
        cost of commodities acquired or produced (including, without 
        limitation, selling and shipping expenses) and expenses 
        incurred in connection with acquisition, construction, 
        operation, maintenance, improvement, protection, or disposition 
        of facilities and other property of Federal Prison Industries.

SEC. 8103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; 
              REDUCTION OF CERTAIN LITIGATION POSITIONS.

    (a) Appointments.--Not later than September 30, 2001, the Attorney 
General may exercise authority under section 542 of title 28, United 
States Code, to appoint 200 assistant United States attorneys in 
addition to the number of assistant United States attorneys serving on 
the date of enactment of this Act.
    (b) Selection of Appointees.--Individuals first appointed under 
subsection (a) shall be appointed from among attorneys who are 
incumbents of 200 full-time litigation positions in divisions of the 
Department of Justice and whose official duty station is at the seat of 
Government.
    (c) Termination of Positions.--Each of the 200 litigation positions 
that become vacant by reason of an appointment made in accordance with 
subsections (a) and (b) shall be terminated at the time the vacancy 
arises.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
fiscal years 2000 and 2001.

   Subtitle B--Authorizations of Appropriations for Specific Programs

SEC. 8201. AMENDMENTS TO THE CRIME CONTROL AND LAW ENFORCEMENT ACT OF 
              1994.

    (a) Expeditious Deportation for Denied Asylum Applicants.--Section 
130005(c) of the Violent Crime Control and Law Enforcement Act of 1994 
(8 U.S.C. 1158 note) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $90,000,000 for fiscal year 2000;
            ``(6) $90,000,000 for fiscal year 2001; and
            ``(7) $90,000,000 for fiscal year 2002.''.
    (b) Amendments to Violence Against Women Act of 1994.--Section 
40114 of the Violence Against Women Act of 1994 (Public Law 103-322; 
108 Stat. 1910) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $500,000 for fiscal year 2000;
            ``(5) $500,000 for fiscal year 2001; and
            ``(6) $500,000 for fiscal year 2002.''.
    (c) Border Control Improvement.--Section 130006(a) of the Violent 
Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 1101 note) is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $477,750,000 for fiscal year 2000;
            ``(6) $501,637,500 for fiscal year 2001; and
            ``(7) $526,719,370 for fiscal year 2002.''.
    (d) Expanded Special Deportation Proceedings.--Section 130007(d) of 
the Violent Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 
1252 note) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $236,000,000 for fiscal year 2000;
            ``(6) $236,000,000 for fiscal year 2001; and
            ``(7) $236,000,000 for fiscal year 2002.''.
    (e) Training Programs.--Section 40152(c) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13941(c)) is amended 
by striking paragraphs (1) and (2), and inserting the following:
            ``(1) $1,000,000 for fiscal year 2000;
            ``(2) $1,000,000 for fiscal year 2001; and
            ``(3) $1,000,000 for fiscal year 2002.''.
    (f) Missing Alzheimer's Disease Patient Alert Program.--Section 
240001(d) of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14181(d)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $900,000 for fiscal year 2000;
            ``(5) $900,000 for fiscal year 2001; and
            ``(6) $900,000 for fiscal year 2002.''.
    (g) Motor Vehicle Theft Prevention Program.--Section 220002(h) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14171(h)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $750,000 for fiscal year 2000;
            ``(5) $750,000 for fiscal year 2001; and
            ``(6) $750,000 for fiscal year 2002.''.
    (h) Rural Domestic Violence and Child Abuse Enforcement Assistance 
Act.--Section 40295(c)(1) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13971(c)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) $15,000,000 for fiscal year 2000;
                    ``(E) $15,000,000 for fiscal year 2001; and
                    ``(F) $15,000,000 for fiscal year 2002.''.

SEC. 8202. AMENDMENTS TO THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY 
              ACT OF 1996.

    The Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132; 110 Stat. 1214) is amended--
            (1) in section 819(b), by striking ``for fiscal'' and all 
        that follows through ``section'', and inserting ``to carry out 
        this section $5,000,000 for fiscal year 2000, $5,000,000 for 
        fiscal year 2001, and $5,000,000 for fiscal year 2002''; and
            (2) in section 821, by striking ``not more than $10,000,000 
        for fiscal year 1997'' and inserting ``$10,000,000 for fiscal 
        year 2000, $10,000,000 for fiscal year 2001, and $10,000,000 
        for fiscal year 2002''.

SEC. 8203. COMMUNICATIONS ASSISTANCE.

    The Communications Assistance for Law Enforcement Act (47 U.S.C. 
1001 et seq.) is amended--
            (1) in section 108(c)(3), by striking ``on or before 
        January 1, 1995'' and inserting ``before October 1, 2000'';
            (2) in section 109--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``JANUARY 1, 1995'' and inserting ``OCTOBER 1, 
                        2000''; and
                            (ii) by striking ``January 1, 1995'' and 
                        inserting ``October 1, 2000'';
                    (B) in subsection (b)--
                            (i) in the subsection heading, by striking 
                        ``JANUARY 1, 1995'' and inserting ``OCTOBER 1, 
                        2000'';
                            (ii) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A) by striking ``January 
                                1, 1995'' and inserting ``October 1, 
                                2000''; and
                                    (II) in subparagraph (J), by 
                                striking ``January 1, 1995'' and 
                                inserting ``October 1, 2000''; and
                            (iii) in paragraph (2), by striking 
                        ``January 1, 1995'' and inserting ``October 1, 
                        2000''; and
                    (C) in subsection (d)--
                            (i) in the subsection heading, by striking 
                        ``JANUARY 1, 1995'' and inserting ``OCTOBER 1, 
                        2000''; and
                            (ii) by striking ``January 1, 1995'' and 
                        inserting ``October 1, 2000'';
            (3) in section 110, by striking ``and 1998'' and inserting 
        ``1998, 1999, and 2000''; and
            (4) in section 111(b), by striking ``on the date that is 4 
        years after the date of enactment of this Act'' and inserting 
        ``October 1, 2000''.

SEC. 8204. CRIMINAL ALIEN ASSISTANCE.

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)(5)) is amended by striking subparagraphs (A) through (F) and 
inserting the following:
                    ``(A) $800,000,000 for fiscal year 2000;
                    ``(B) $850,000,000 for fiscal year 2001; and
                    ``(C) $900,000,000 for fiscal year 2002.''.

SEC. 8205. VIOLENT CRIME REDUCTION TRUST FUND.

    (a) In General.--Section 310001(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking 
paragraphs (1) through (5) and inserting the following:
            ``(1) for fiscal year 2001, $6,025,000,000;
            ``(2) for fiscal year 2002, $6,169,000,000;
            ``(3) for fiscal year 2003, $6,316,000,000;
            ``(4) for fiscal year 2004, $6,458,000,000; and
            ``(5) for fiscal year 2005, $6,616,000,000.''.
    (b) Discretionary Limits.--Title XXXI of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by 
inserting after section 310001 the following:

``SEC. 310002. DISCRETIONARY LIMITS.

    ``(a) Discretionary Limits.--For the purposes of allocations made 
for the discretionary category pursuant to section 302(a) of the 
Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term 
`discretionary spending limit' means--
            ``(1) with respect to fiscal year 2001--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B)  as determined by the Chairman of the 
Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,025,000,000 in new budget authority and 
                $5,718,000,000 in outlays;
            ``(2) with respect to fiscal year 2002--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,169,000,000 in new budget authority and 
                $6,020,000,000 in outlays; and
            ``(3) with respect to fiscal year 2003--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,316,000,000 in new budget authority and 
                $6,161,000,000 in outlays;
            ``(4) with respect to fiscal year 2004--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,458,000 in new budget authority and $6,303,000,000 
                in outlays; and
            ``(5) with respect to fiscal year 2005--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,616,000 in new budget authority and $6,452,000,000 
                in outlays;
as adjusted in accordance with section 251(b) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) and section 
314 of the Congressional Budget Act of 1974.''.
    ``(b) Point of Order in the Senate.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall not be in order in the Senate to consider--
                    ``(A) any concurrent resolution on the budget for 
                any of the fiscal years 2001 through 2005 (or 
                amendment, motion, or conference report on such a 
                resolution) that provides discretionary spending in 
                excess of the discretionary spending limit or limits 
                for such fiscal year; or
                    ``(B) any bill or resolution (or amendment, motion, 
                or conference report on such bill or resolution) for 
                any of the fiscal years 2001 through 2005 that would 
                cause any of the limits in this section (or 
                suballocations of the discretionary limits made under 
                section 302(b) of the Congressional Budget Act of 1974 
                (2 U.S.C. 633(b))) to be exceeded.
            ``(2) Exception.--This section shall not apply if a 
        declaration of war by Congress is in effect or if a joint 
        resolution under section 258 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 907a) has been 
        enacted.
    ``(c) Waiver.--This section may be waived or suspended in the 
Senate only by an affirmative vote of three-fifths of the members of 
the Senate, duly chosen and sworn.
    ``(d) Appeals.--
            ``(1) Time.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this section shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the concurrent 
        resolution, bill, or joint resolution, as the case may be.
            ``(2) Vote to sustain appeal.--An affirmative vote of 
        three-fifths of the members of the Senate, duly chosen and 
        sworn, shall be required in the Senate to sustain an appeal of 
        the ruling of the Chair on a point of order raised under this 
        subsection.
    ``(e) Determination of Budget Levels.--For purposes of this 
section, the levels of new budget authority, outlays, new entitlement 
authority, revenues, and deficits for a fiscal year shall be determined 
on the basis of estimates made by the Committee on the Budget of the 
Senate.''.

               Subtitle C--Permanent Enabling Provisions

SEC. 8301. PERMANENT AUTHORITY.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530C. Authority to use available funds
    ``(a) In General.--Except to the extent provided otherwise by law 
applicable to funds available to carry out the activities of the 
Department of Justice (including, without limitation, any bureau, 
office, board, division, commission, subdivision, unit, or other 
component thereof) and in addition to authority provided in subsections 
(a) and (b) of section 524, or any other provision of law consistent 
herewith, including, without limitation, Public Law 96-132 (93 Stat. 
1040), section 102(b) of Public Law 102-395 (106 Stat. 1838), and 
section 815(d) of Public Law 104-132 (110 Stat. 1315), the Attorney 
General may use such funds as provided in subsection (b).
    ``(b) Permitted Uses.--
            ``(1) General permitted uses.--Such funds may be used for 
        the following:
                    ``(A) The purchase, lease, maintenance, and 
                operation of passenger motor vehicles, or police-type 
                motor vehicles for law enforcement purposes, without 
                regard to general purchase price limitation for the 
                then current fiscal year.
                    ``(B) The purchase of insurance for motor vehicles, 
                boats, and aircraft operated in official Government 
                business in foreign countries.
                    ``(C) Services of experts and consultants, 
                including private counsel, as authorized by section 
                3109 of title 5, and at rates of pay for individuals 
                not to exceed the maximum daily rate payable from time 
                to time under section 5332 of title 5.
                    ``(D) Official receptions and representation 
                expenses (i.e., official expenses of a social nature 
                intended in whole or in predominant part to promote 
                goodwill toward the Department or its missions; not 
                including expenses of tours, open to the public, of 
                departmental facilities), in accordance with 
                distributions, procedures, and regulations established 
                or issued by the Attorney General.
                    ``(E) Unforeseen emergencies of a confidential 
                character, to be expended under the direction of the 
                Attorney General and accounted for solely on the 
                certificate of the Attorney General.
                    ``(F) Miscellaneous and emergency expenses 
                authorized or approved by the Attorney General, the 
                Deputy Attorney General, the Associate Attorney 
                General, or the Assistant Attorney General for 
                Administration.
                    ``(G) In accordance with procedures established and 
                regulations issued by the Attorney General--
                            ``(i) attendance at meetings and seminars;
                            ``(ii) conferences and training; and
                            ``(iii) advances of public moneys under 
                        section 3324 of title 31: provided, That travel 
                        advances of such moneys to law enforcement 
                        personnel engaged in undercover activity shall 
                        be considered to be public money for purposes 
                        of section 3527 of title 31.
                    ``(H) For the conduct of its activities, including 
                for contracting with individuals for personal services 
                abroad, except that such individuals shall not be 
                regarded as employees of the United States for the 
                purpose of any law administered by the Office of 
                Personnel Management.
                    ``(I) Payment of interpreters and translators who 
                are not citizens of the United States, in accordance 
                with procedures established and regulations issued by 
                the Attorney General.
                    ``(J) For the payment of rewards, for the purchase 
                of evidence, and for payment for information in 
                connection with law enforcement.
                    ``(K) For expenses or allowances for uniforms as 
                authorized by section 5901 of title 5 but without 
                regard to the general purchase price limitation for the 
                then current fiscal year.
                    ``(L)(i) With respect to dependents of employees of 
                the Department of Justice stationed outside the 
                continental United States, expenses of--
                            ``(I) primary and secondary schooling for 
                        such dependents, at a cost not to exceed that 
                        authorized by the Department of Defense for the 
                        same area, upon a determination by the Attorney 
                        General that schools serving the locality are 
                        unable to provide adequately for their 
                        education;
                            ``(II) transportation of such dependents 
                        between their places of residence and the 
                        primary and secondary schools serving the 
                        locality that they normally would attend, upon 
                        a determination by the Attorney General that 
                        such schools are not accessible by adequate 
                        public means of transportation; and
                            ``(III) transitional and other language and 
                        cultural training or education for such 
                        dependents, upon a determination by the 
                        Attorney General that training or education are 
                        necessary for employee welfare and adequate 
                        nondepartmental facilities are unavailable;
                    ``(ii) All expenses under clause (i) shall be 
                treated as payments under section 5924(4) of title 5 
                for purposes of calculating other Federal benefits, 
                entitlements, and taxes.
                    ``(M) Health care program expenses for, and travel 
                and related expenses of, employees of the Department of 
                Justice serving abroad and their families, to be 
                payable in the same manner as applicable to the members 
                of the Foreign Service and their families under 
                sections 904 and 901 of the Foreign Service Act of 1980 
                (22 U.S.C. 4084, 4081) and the regulations issued by 
                the Secretary of State.
            ``(2) Specific permitted uses.--
                    ``(A) Aircraft and boats.--Funds available for 
                United States Attorneys, for the Federal Bureau of 
                Investigation, for the United States Marshals Service, 
                for the Drug Enforcement Administration, and for the 
                Immigration and Naturalization Service may be used for 
                the purchase, lease, maintenance, and operation of 
                aircraft and boats, for law enforcement purposes.
                    ``(B) Purchase of ammunition and firearms; firearms 
                competitions.--Funds  available for United States 
Attorneys, for the Federal Bureau of Investigation, for the United 
States Marshals Service, for the Drug Enforcement Administration, for 
the Federal Prison System, for the Office of the Inspector General, and 
for the Immigration and Naturalization Service may be used for--
                            ``(i) the purchase of ammunition and 
                        firearms; and
                            ``(ii) participation in firearms 
                        competitions.
                    ``(C) Construction.--
                            ``(i) In general.--Funds available for 
                        construction may be used for expenses of 
                        planning, designing, acquiring, building, 
                        constructing, renovating, converting, 
                        expanding, extending, remodeling, equipping, 
                        repairing, or maintaining buildings or 
                        facilities, including the expenses of 
                        acquisition of sites for the buildings and 
                        facilities, and all necessary expenses incident 
                        or related thereto.
                            ``(ii) Intent.--It is not the intent of 
                        clause (i) that funds generally available for 
                        salaries and expenses are not also available 
                        for certain construction, remodeling, 
                        maintenance, and other related construction 
                        costs.
            ``(3) Subsistence and medical expenses of persons in the 
        custody of the united states marshals service.--
                    ``(A) In general.--Funds available for Federal 
                Prisoner Detention may be used to acquire subsistence 
                and medical care for persons in the custody of the 
                United States Marshals Service at fair and reasonable 
                prices.
                    ``(B) Costs.--Without specific authorization from 
                the Attorney General, the expenses incurred in the 
                provision of such care shall not exceed the costs and 
                expenses charged in the provision of similar health 
                care services paid pursuant to the medicare program 
                under title XVIII of the Social Security Act or the 
                medicaid program under title XIX of such Act.
            ``(4) Fees and expenses of witnesses.--Funds available for 
        Fees and Expenses of Witnesses may be used for expenses, 
        mileage, compensation, and per diem in lieu of subsistence, of 
        witnesses (including, without limitation, advances of public 
        money) as authorized by section 1821 or other law, but no 
        witness may be paid more than 1 attendance fee for any 1 
        calendar day.
            ``(5) Federal bureau of investigation.--
                    ``(A) In general.--The Federal Bureau of 
                Investigation may establish and collect fees to process 
                fingerprint identification records and name checks for 
                noncriminal justice, nonlaw enforcement employment and 
                licensing purposes, and for certain employees of 
                private sector contractors with classified government 
                contracts.
                    ``(B) Crediting.--Fees collected under subparagraph 
                (A) shall be credited to the Salaries and Expenses, 
                Federal Bureau of Investigation, appropriation, without 
                regard to section 3302(b) of title 31 and, to the 
                extent specified in appropriations Acts, shall be 
                available until expended for salaries and other 
                expenses incurred in processing such records.
                    ``(C) Limitation.--No fee shall be assessed in 
                connection with the processing of requests for criminal 
                history records by criminal justice agencies for 
                criminal justice purposes or for employment in criminal 
                justice agencies or in connection with a background 
                check under section 922(t) of title 18.
            ``(6) Immigration and naturalization service.--Funds 
        available for the Immigration and Naturalization Service may be 
        used for--
                    ``(A) acquisition of land as sites for enforcement 
                fences, and construction incidental to such fences;
                    ``(B) cash advances to aliens for meals and lodging 
                en route;
                    ``(C) refunds of maintenance bills, immigration 
                fines, and other items properly returnable, except 
                deposits of aliens who become public charges and 
                deposits to secure payment of fines and passage money; 
                and
                    ``(D) expenses and allowances incurred in tracking 
                lost persons, as required by public exigencies, in aid 
                of State or local law enforcement agencies.
            ``(7) Federal prison system.--Funds available for the 
        Federal prison system may be used for--
                    ``(A) inmate medical services and inmate legal 
                services, within the Federal Prison System;
                    ``(B) the purchase and exchange of farm products 
                and livestock;
                    ``(C) the acquisition of land as authorized by this 
                section and section 4010 of title 18; and
                    ``(D) the construction of buildings and facilities 
                for penal and correctional institutions (including, 
                without limitation, prison camps), by contract or force 
                account, including, without limitation, the payment of 
                United States prisoners for their work performed in any 
                such construction.
    ``(b) Related Provisions.--
            ``(1) Limitation of compensation of individuals employed as 
        attorneys.--None of the funds available to the Attorney General 
        may be used to pay compensation for services provided by an 
        individual employed as an attorney (other than an individual 
        employed to provide services as a foreign attorney in special 
        cases) unless such individual is duly licensed and authorized 
        to practice as an attorney under the law of a State, a 
        territory of the United States, or the District of Columbia.
            ``(2) Reimbursements paid to governmental entities.--Funds 
        available to the Attorney General that are paid as 
        reimbursement to a governmental unit of the Department of 
        Justice, to another Federal entity, or to a unit of State or 
        local government may be used under authorities available to the 
unit or entity receiving such reimbursement.''.
    (b) Conforming Amendment.--The analysis for chapter 31 of title 28, 
United States Code, is amended by adding at the end the following:

``530C. Authority to use available funds.''.

SEC. 8302. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.

    (a) In General.--Chapter 31 of title 28, United States Code (as 
amended by section 8301) is amended by adding at the end the following:
``Sec. 530D. Report on enforcement of laws
    ``(a) Report.--
            ``(1) In general.--The Attorney General shall submit to 
        Congress a report in any instance in which the Attorney General 
        or any other officer of the Department of Justice--
                    ``(A) establishes or adopts a policy to refrain 
                from enforcing any provision of any Federal statute the 
                enforcement or administration of which is within the 
                responsibility of the officer, because of the officer's 
                opinion (or that of the President) that the provision 
                is not constitutional; or
                    ``(B) determines to contest, or to refrain from 
                defending or asserting, in any judicial, 
                administrative, or other proceeding, any provision of 
                any Federal statute, or not to appeal any judicial, 
                administrative, or other determination affecting the 
                constitutionality of any such provision, because of the 
                officer's opinion (or that of the President) that the 
                provision is not constitutional.
            ``(2) Submission to congress.--For the purposes of 
        paragraph (1), a report shall be considered to be submitted to 
        Congress if the report is submitted to--
                    ``(A) the majority leader and minority leader of 
                the Senate;
                    ``(B) the Speaker, majority leader, and minority 
                leader of the House of Representatives;
                    ``(C) the chairman and ranking minority member of 
                the committee in each House of Congress having 
                oversight jurisdiction over the department, agency, or 
                establishment in which a policy described in subsection 
                (a)(1) was established or adopted, or a determination 
                described in subsection (a)(2) was made; and
                    ``(D) the Senate Legal Counsel and the General 
                Counsel of the House of Representatives.
    ``(b) Deadline.--A report under subsection (a) shall be submitted 
within such time as will reasonably enable each House of Congress to 
take action to intervene in timely fashion in any proceeding specified 
in subsection (a)(2), but in no event later than 30 days after the 
establishment or adoption of a policy described in subsection (a)(1) or 
a determination described in subsection (a)(2).
    ``(c) Contents.--A report under subsection (a) shall--
            ``(1) specify the provision of the Federal statute involved 
        and the date of the establishment or adoption of the policy 
        described in subsection (a)(1) or of the determination 
        described in subsection (a)(2);
            ``(2) include a complete and detailed statement of the 
        reasons for the policy or determination; and
            ``(3) in the case of a determination described in 
        subsection (a)(2), indicate the nature, tribunal, identifying 
        information, and status of the proceeding.
    ``(d) Declaration.--In the case of a determination described in 
subsection (a)(2), the representative of the United States 
participating in the proceeding shall make a clear declaration in the 
proceeding that any opinion expressed as to the constitutionality of 
the provision involved is the opinion of the executive branch of the 
Federal Government (or, as applicable, of the department, agency, or 
establishment).
    ``(e) Applicability to Other Department, Agencies, and 
Establishments.--The reporting, declaration, and other provisions of 
this section relating to the Attorney General and other officers of the 
Department of Justice shall apply to the head of any Federal 
department, agency, or establishment authorized to conduct litigation 
on behalf of the United States, and to the officers of the department, 
agency, or establishment.''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 31 of title 28, United States 
        Code (as amended by section 301), is amended by adding at the 
        end the following:

``530D. Report on enforcement of laws.''.
            (2) Public Law 95-521 (92 Stat. 1883) is amended by 
        striking subsection (b).
            (3)(A) Not later than 180 days after the date of enactment 
        of this Act, the Attorney General (and the head of each Federal 
        department, agency, or establishment authorized to conduct 
        litigation) shall submit to Congress a report (in accordance 
        with subsections (a), (c), and (e) of section 530D of title 28, 
        United States Code (as added by subsection (a))), on--
                    (i) all policies described in subsection (a)(1) of 
                that section that were established or adopted before 
                that date of enactment and were in effect on that date; 
                and
                    (ii) all determinations described in subsection 
                (a)(2) of that section that were made before that date 
                and were in effect on that date.
            (B) If any of the determinations described in subparagraph 
        (A)(ii) relates to any judicial, administrative, or other 
        proceeding that is pending on the date specified in 
        subparagraph (A), with respect to any such determination the 
        report required by this paragraph shall be submitted within 
        such time as will reasonably enable each House to take action 
        to intervene in timely fashion in the proceeding, but in no 
        event later than 30 days after that date.

SEC. 8303. NOTIFICATIONS ON USE OF FUNDS.

    During any fiscal year for which appropriations are authorized by 
this Act (either directly, through incorporation by reference, or 
otherwise), any reprogramming or transfer notice required by the terms 
of the applicable appropriations Act to be given to any Appropriations 
Committee of either House of Congress shall also be required to be 
given, under the same terms, to the Committee on the Judiciary of each 
House of Congress.

SEC. 8304. MISCELLANEOUS USE PROVISIONS.

    (a) The Economic Opportunities Act of 1964 (Public Law 88-452) is 
amended in section 1006 by replacing ``referendums'' with ``referenda, 
or any legislation'' in paragraph (d)(4) and by inserting ``upon prior 
identification, by name, of each class member, and '' after ``except'' 
in paragraph (d)(5), and in section 1002, by adding at the end the 
following:
            ``(9) `political activity' includes any activity designed 
        or intended to contest or challenge before any tribunal the 
        constitutionality of any statute or regulation.''.
    (b) Section 510 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (Public Law 90-351) is amended by adding at the end 
the following:
    ``(d) Nongovernmental Entities.--No grants or contracts under 
subsection (b) may be made, entered into, or used, directly or 
indirectly, to provide security enhancements or equipment to any 
nongovernmental entity.''.
    (c) Section 1913 of title 18, United States Code, is amended by 
adding ``or any other legislative body'' after ``Congress'' the third 
and sixth time it appears, by striking ``by Congress'' the second time 
it appears, by replacing ``appropriation;'' with ``appropriation, or 
intended or designed in any manner to influence, favor, or oppose any 
ballot measure, initiative, or referendum, whether before or after the 
same may be put on the ballot;'', and by replacing ``Member of 
Congress'' with ``such Members''.
    (d) Title 5 of section 101(b) of division A of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277, 112 Stat. 2681-107) is amended in the matter 
immediately under thirteenth heading by inserting ``or any future'' 
after ``in this'' both times it appears, and by replacing ``to 1998 and 
1999'' with ``, in any given fiscal year, to the last fiscal year and 
the current fiscal year''.

SEC. 8305. TECHNICAL AMENDMENT; AUTHORITY TO TRANSFER PROPERTY OF 
              MARGINAL VALUE.

    Section 524 of title 28, United States Code, is amended--
            (1) in subsection (b)(5), by inserting a comma after 
        ``Fund'' the second place it appears; and
            (2) in subsection (c)(9)(B)--
                    (A) by striking ``year 1997'' and inserting ``years 
                1999 and 2000''; and
                    (B) by adding at the end the following: ``Such a 
                transfer shall be subject to satisfaction by the 
                recipient involved of any outstanding lien against the 
                property transferred.''.

SEC. 8306. PROTECTION OF THE ATTORNEY GENERAL.

    Section 533(2) of title 28, United States Code, is amended by 
inserting ``or the person of the Attorney General'' before the 
semicolon at the end.

SEC. 8307. EXTENDED ASSIGNMENT ALLOWANCE.

    (a) In General.--Effective with the enactment of this Act and in 
any fiscal year that begins after the date of enactment of that Act, in 
compliance with policies established or regulations issued by the 
Attorney General and the Secretary of the Treasury for their respective 
agencies, the Department of Justice and the Department of the Treasury, 
respectively, may pay an extended assignment allowance or bonus to any 
individual assigned to a permanent position located in the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or 
the territories and possessions of the United States, when the Attorney 
General or the Secretary of the Treasury, as to his respective agency, 
determines that the position is difficult to fill and that it is in the 
interests of the pertinent Department to encourage an incumbent 
employee to remain in his position.
    (b) Limitation.--In any calendar year, no allowance or bonus under 
subsection (a) may exceed $25,000 or 25 percent of an employee's basic 
pay, whichever is greater.
    (c) Discretionary Action.--The amount of any allowance or bonus to 
be offered under subsection (a), whether to offer an allowance or 
bonus, and whether to offer payment in the form of an allowance or a 
bonus shall be solely within the discretion of the Attorney General or 
the Secretary of the Treasury, as appropriate, and shall not be 
reviewable or subject to appeal in or before any court or other 
tribunal.
    (d) Decision Not To Offer.--A decision not to offer an employee an 
allowance or bonus shall not constitute an adverse action and shall not 
be reviewable or subject to appeal in or before any court or other 
tribunal.
    (e) Not Part of Pay.--An allowance or bonus under subsection (a) 
shall not be considered to be a part of the pay or basic pay of an 
employee in the calculation of any entitlement or benefit (including 
but not limited to overtime, retirement, and lump-sum leave payments), 
but shall be considered a bonus under section 5307(a)(1) of title 5, 
United States Code, for purposes of applying the limitation on 
aggregate payments.

SEC. 8308. LIMITATION ON USE OF FUNDS.

    a) In General.--No funds available to the Attorney General in any 
fiscal year shall be used to require any person to perform, or 
facilitate in any way the performance of, any abortion.
    (b) Escort Services.--Nothing in this section shall be construed to 
forbid the use of such funds for the provision of escort services 
necessary for a female inmate in a Bureau of Prisons facility to obtain 
an abortion outside the facility.

                       Subtitle D--Miscellaneous

SEC. 8401. REPEALERS.

    (a) Open-Ended Authorization of Appropriations for National 
Institute of Corrections.--Chapter 319 of title 18, United States Code, 
is amended--
            (1) by striking section 4353; and
            (2) in the analysis for the chapter, by striking the item 
        relating to section 4353.
    (b) Open-Ended Authorization of Appropriations for United States 
Marshals Service.--Section 561 of title 28, United States Code, is 
amended by striking subsection (i).

SEC. 8402. TECHNICAL AMENDMENT.

    (a) Section 4013 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``the support of United States 
                prisoners'' and inserting ``Federal prisoner 
                detention'';
                    (B) in paragraph (2), by adding ``and'' after 
                ``hire;'';
                    (C) in paragraph (3), by striking ``entities; and'' 
                and inserting ``entities.''; and
                    (D) in paragraph (4), by inserting ``The Attorney 
                General, in support of United States prisoners in non-
                Federal institutions, is authorized to make payments, 
                from funds appropriated for State and local law 
                enforcement assistance, for'' before ``entering''; and
            (2) by redesignating--
                    (A) subsection (b) as subsection (c);
                    (B) subsection (a)(4) as subsection (b); and
                    (C) subparagraphs (A), (B), and (C) of subsection 
                (a)(4) as paragraphs (1), (2), and (3) of subsection 
                (b).
    (b) Section 209(a) of title 18, United States Code, is amended by 
adding a comma after ``supplements''.
    (c) Section 535 of title 28, United States Code, is amended--
            (1) in subsection (a), by inserting ``, other than chapter 
        40;'' after ``law'';
            (2) in subsections (a) and (b), by replacing ``title 18'' 
        with ``Federal criminal law'';
            (3) in subsection (b), by replacing ``or complaint'' with 
        ``matter, or complaint witnessed, discovered, or'' and by 
        inserting ``or the witness, discoverer, or recipient, as 
        appropriate,'' after ``agency,''; and
            (4) in subsection (b)(1), by inserting ``, in which event 
        the report shall be made to such responsible party'' after 
        ``law''.

SEC. 8403. RULE OF CONSTRUCTION.

    Nothing in this title or the amendments made by this title modifies 
or supersedes the application or operation of the Public Buildings Act 
of 1959 (40 U.S.C. 601 et seq.).

SEC. 8404. COUNTERTERRORISM FUND AMENDMENTS.

    (a) Counterterrorism Fund.--The matter under the heading 
``counterterrorism fund'' in chapter I of title III of Public Law 104-
19 (109 Stat. 249; 28 U.S.C. 524 note) is amended to read as follows:
    ``(a) Establishment.--There is established in the Treasury of the 
United States a separate fund to be known as the `Counterterrorism 
Fund', amounts in which shall remain available without fiscal year 
limitation.
    ``(b) Use.--Amounts in the Counterterrorism Fund shall be used--
            ``(1) to reimburse any Department of Justice component for 
        costs incurred in connection with--
                    (A) reestablishing the operational capability of an 
                office or facility that has been damaged or destroyed 
                as the result of any domestic or international 
                terrorism event;
                    (B) engaging in, or providing support to, 
                countering, investigating, or prosecuting domestic or 
                international terrorism, including, without limitation, 
                paying rewards in connection with these activities; and
                    (C) conducting terrorism threat assessments of 
                Federal agencies and the facilities of Federal 
                agencies; and
            ``(2) to reimburse departments and agencies of the Federal 
        Government for any costs incurred in connection with--
                    ``(A) counterterrorism technology research and 
                development; and
                    ``(B) providing training and related equipment to 
                State and local law enforcement agencies for prevention 
                and response capabilities against bombs and against 
                chemical, biological, nuclear, and cyber attack.
    ``(c) Reprogramming Procedures.--For any fiscal year, amounts in 
the Fund shall not be available for reimbursement under subsection 
(b)(1) except in accordance with the reprogramming procedures 
applicable to general Department of Justice appropriations for that 
year.''.
    (b) No Effect on Prior Appropriations.--The amendment made by 
subsection (a) does not affect the amount or availability of any 
appropriation to the Counterterrorism Fund made before the date of 
enactment of this Act.

SEC. 8405. USE OF GOVERNMENT VEHICLES.

    (a) In General.--Section 4(a) of the Act of May 14, 1947 (61 Stat. 
86) is amended in the second sentence--
            (1) by striking ``the use of the employer's vehicle is 
        subject'' and inserting ``the use (including driving) of the 
        employer's vehicle either is subject''; and
            (2) by striking the period at the end and inserting `` or, 
        notwithstanding subsection (b), is required or permitted by the 
        employer under section 1344 of title 31.''.
    (b) Effective Date; Applicability.--The amendment made by 
subsection (a)--
            (1) takes effect on the date of enactment of this Act; and
            (2) shall apply to any civil action pending on that date 
        and to any civil action brought after that date.

SEC. 8406. CLARIFICATION OF LITIGATION AUTHORITY OF ATTORNEY GENERAL.

    Section 107(e) of Public Law 103-3 (107 Stat. 17) is amended by 
striking ``The'' and inserting ``With the express permission of and 
under the direction and authority of the Attorney General, the''.

SEC. 8407. OVERSIGHT; WASTE, FRAUD, AND ABUSE.

    (a) Not later than February 1 of each year, the Attorney General 
shall provide to the Judiciary and Appropriations Committees of each 
House of the Congress--
            (1) a report identifying and describing every grant, 
        cooperative agreement, or services contract that was made, 
        entered into, awarded, or extended, in the immediately 
        preceding fiscal year, by the Office of Justice Programs 
        (including, without limitation, any component or unit thereof), 
        and including, without limitation, for each such grant, 
        agreement, or contract: the term, the dollar amount or value, 
        the purpose or purposes, the names of all parties (including, 
        without limitation, any subgrantees or subcontractors), and the 
        name of the contracting officer; and
            (2) a performance review of every grant, cooperative 
        agreement, or services contract made, entered into, awarded, or 
        extended by the Office of Justice Programs (including, without 
        limitation, any component or unit thereof) that was terminated 
        or otherwise ended in the immediately preceding fiscal year, 
        and including, without limitation, for each such grant, 
        agreement, or contract: a complete and detailed description of 
        how the appropriated funds involved actually were spent, 
        complete and detailed statistics relating to its performance, 
        purpose or purposes, and effectiveness, and a sworn certificate 
        by each grantee, contractor, subcontractor, or subgrantee 
        that--
                    (A) the appropriated funds were spent for such 
                purpose or purposes, and only such purpose or purposes;
                    (B) the terms of the grant, agreement, or contract 
                were complied with; and
                    (C) all documentation necessary for conducting a 
                full and proper audit under generally accepted 
                accounting principles, and any (additional) 
                documentation that may have been required under the 
                grant, agreement, or contract, have been kept in 
                orderly fashion and will be retained for not less than 
                3 years from the date of such termination or end.
    (b) Section 1005 of the Legal Services Corporation Act (Public Law 
93-355) is amended by adding at the end the following:
    ``(h) Waste, Fraud, and Abuse.--With respect to any appropriated 
funds available to the Corporation--
            ``(1) for purposes of sections 286, 287, 666, 1001, 1002, 
        and 1913 of title 18, United States Code, the Corporation shall 
        be considered to be a department or agency of the United States 
        Government;
            ``(2) for purposes of sections 3729 through 3733 of title 
        31, United States Code, the term `United States Government' 
        shall include, without limitation, the Corporation;
            ``(3) applicants for financial assistance from the 
        Corporation shall file applications supported by written 
        declarations pursuant to section 1746 of title 28, United 
        States Code, and such declarations shall be subject to sections 
        1621 and 1622 of title 18 of such Code;
            ``(4) for purposes of section 1516 of title 18, United 
        States Code--
                    ``(A) the term `Federal auditor' shall include, 
                without limitation, any auditor employed or retained on 
                a contractual basis by the Corporation;
                    ``(B) the term `contract' shall include, without 
                limitation, any grant, contract, or cooperative 
                agreement made by the Corporation; and
                    ``(C) the term `person', as used in subsection (a) 
                of such section, shall include, without limitation, any 
                party receiving financial assistance under paragraphs 
                1006(a) (1) or (3) of this Act; and
            ``(5) funds provided by the Corporation pursuant to section 
        1006 of this Act shall be deemed to be Federal appropriations 
        when used or in use by any contractor, grantee, subcontractor, 
        or subgrantee of the Corporation, and shall be deemed to be 
        benefits under a Federal program involving a grant, contract, 
        subsidy, loan, guarantee, insurance, or other form of Federal 
        assistance within the meaning of section 666 of title 18, 
        United States Code.
    ``(i) Audits.--The Comptroller General annually shall conduct an 
audit of the Corporation and shall, not later than December 1 of each 
year, report the results thereof to the Congress and the Attorney 
General.''.

SEC. 8408. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF JUSTICE.

    (a) Assistant Attorney General as Chief Financial Officer.--Section 
507 of title 28, United States Code, is amended by adding at the end 
the following:
    ``(c) Department of Justice.--The Assistant Attorney General for 
Administration shall be the Chief Financial Officer for the Department 
of Justice and exercise the authority and functions under section 902 
of title 31 relating to that Department.''.
    (b) Termination of Existing Chief Financial Officer.--Section 
901(b)(1) of title 31, United States Code, is amended--
            (1) by striking subparagraph (I); and
            (2) by redesignating subparagraphs (J) through (P) as 
        subparagraphs (I) through (O), respectively.
    (c) Executive Level IV Position.--Section 5315 of title 5, United 
States Code, is amended by striking the following:
            ``Chief Financial Officer, Department of Justice.''.
    (d) Effective Date.--This section shall take effect 30 days after 
the date of enactment of this Act.

                        TITLE IX--MISCELLANEOUS

SEC. 9101. CARRYING OF CONCEALED FIREARMS BY QUALIFIED CURRENT AND 
              FORMER LAW ENFORCEMENT OFFICERS.

    (a) Exemption of Qualified Current and Former Law Enforcement 
Officers From State Laws Prohibiting the Carrying of Concealed 
Firearms.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified current and 
              former law enforcement officers
    ``(a) Definitions.--
            ``(1) Definitions.--In this section:
                    ``(A) Appropriate written identification.--The term 
                `appropriate written identification' means, with 
                respect to an individual, a document that--
                            ``(i) was issued to the individual by the 
                        public agency with which the individual serves 
                        or served as a qualified law enforcement 
                        officer; and
                            ``(ii) identifies the holder of the 
                        document as a current or former officer, agent, 
                        or employee of the agency.
                    ``(B) Firearm.--The term `firearm' means a firearm 
                that has traveled, or of which any component has 
                traveled, in interstate or foreign commerce.
                    ``(C) Qualified former law enforcement officer.--
                The term `qualified former law enforcement officer' 
                means an individual who is--
                            ``(i) retired from service with a public 
                        agency, other than for reasons of mental 
                        disability;
                            ``(ii) immediately before retirement, was a 
                        qualified law enforcement officer with that 
                        public agency;
                            ``(iii) has a nonforfeitable right to 
                        benefits under the retirement plan of the 
                        agency;
                            ``(iv) was not separated from service with 
                        a public agency due to a disciplinary action by 
                        the agency that precluded the carrying of a 
                        firearm;
                            ``(v) meets the requirements established by 
                        the State in which the individual resides with 
                        respect to--
                                    ``(I) training in the use of 
                                firearms; and
                                    ``(II) carrying a concealed weapon; 
                                and
                            ``(vi) is not prohibited by Federal law 
                        from receiving a firearm.
                    ``(D) Qualified law enforcement officer.--The term 
                `qualified law enforcement officer' means an individual 
                who--
                            ``(i) is authorized by law to engage in or 
                        supervise the prevention, detection, or 
                        investigation of any violation of criminal law;
                            ``(ii) is authorized by the agency to carry 
                        a firearm in the course of duty;
                            ``(iii) meets any requirements established 
                        by the agency with respect to firearms; and
                            ``(iv) is not the subject of a disciplinary 
                        action by the agency that precludes the 
                        carrying of a firearm.
    ``(b) Right To Carry Concealed Firearm.--Notwithstanding any 
provision of the law of any State or any political subdivision of a 
State, an individual may carry a concealed firearm if the individual--
            ``(1) is a qualified law enforcement officer or a qualified 
        former law enforcement officer; and
            ``(2) is carrying appropriate written identification.
    ``(c) Effect on Other Laws.--
            ``(1) Common carriers.--Nothing in this section exempts 
        from section 46505(b)(1) of title 49--
                    ``(A) a qualified law enforcement officer who does 
                not meet the requirements of section 46505(d) of title 
                49; or
                    ``(B) a qualified former law enforcement officer.
            ``(2) Federal laws.--Nothing in this section supersedes or 
        limits any Federal law (including a regulation) that prohibits 
        or restricts the possession of a firearm on any Federal 
        property, installation, building, base, or park.
            ``(3) State laws.--Nothing in this section supersedes or 
        limits any State law that--
                    ``(A) grants a right to carry a concealed firearm 
                that is broader than the right granted under subsection 
                (b);
                    ``(B) permits a private person or entity to 
                prohibit or restrict the possession of concealed 
                firearms on the property of the person or entity; or
                    ``(C) prohibits or restricts the possession of a 
                firearm on any State or local government property, 
                installation, building, base, or park.''.
            (2) Conforming amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by inserting after the 
        item relating to section 926A the following:

``926B. Carrying of concealed firearms by qualified current and former 
                            law enforcement officers.''.
    (b) Authorization To Enter Into Interstate Compacts.--
            (1) In general.--The consent of Congress is given to any 2 
        or more States--
                    (A) to enter into compacts or agreements for 
                cooperative effort in enabling individuals to carry 
                concealed weapons as dictated by laws of the State 
                within which the owner of the weapon resides and is 
                authorized to carry a concealed weapon; and
                    (B) to establish agencies or guidelines as the 
                States may determine to be appropriate for making 
                effective such agreements and compacts.
            (2) Reservation of rights.--Congress reserves the right to 
        alter, amend, or repeal this section.

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.

    Section 922(t)(1) of title 18, United States Code, is amended by 
inserting ``(not including returning a firearm to a person from whom 
the firearm was received)'' before ``to any other person''.

SEC. 9103. FUNDING OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.

    (a) Funding Authority.--The Attorney General shall annually provide 
funding for the National Center for Rural Law Enforcement (referred to 
in this section as the ``Center''), if the executive director of the 
Center certifies, in writing, to the Attorney General that the Center--
            (1) is incorporated in accordance with applicable State 
        law;
            (2) is in compliance with the bylaws of the Center;
            (3) will use amounts made available under this section in 
        accordance with subsection (b); and
            (4) will not support any political party or candidate for 
        elective or appointed office.
    (b) Use of Funds.--
            (1) In general.--The Center shall use amounts made 
        available under this section for development of an educational 
        program for law enforcement agencies serving rural areas, and 
        the employees of those agencies, which shall include--
                    (A) the development and delivery of management 
                education and training, technical assistance, practical 
                research and evaluation, and computer and forensic 
                education and training for employees of law enforcement 
                agencies serving rural areas, tribal police and 
                railroad police, including supervisory and executive 
                managers of those agencies;
                    (B) the conduct of research into the causes and 
                prevention of criminal activity in rural areas;
                    (C) equitable educational opportunities;
                    (D) the development, promotion, and voluntary 
                adoption of national educational and training standards 
                and accreditation certification programs for law 
                enforcement agencies serving rural areas and the 
                employees of those agencies;
                    (E) the development and dissemination of 
                information designed to assist States and units of 
                local government in rural areas throughout the United 
                States;
                    (F) grants to, and contracts with, Federal, State, 
                and local governments, law enforcement agencies serving 
                rural areas, public and private agencies, educational 
                institutions, and other organizations and individuals 
                to carry out this subsection;
                    (G) the establishment and maintenance of a resource 
                and information center for the collection, preparation, 
                and dissemination of information on criminal justice 
                and law enforcement in rural areas, including programs 
                for the prevention of crime and recidivism;
                    (H) the delivery of assistance, in a consultative 
                capacity, to criminal justice agencies in the 
                development, establishment, maintenance, and 
coordination of programs, facilities and services, training, and 
research relating to crime in rural areas;
                    (I) assistance to Federal, State, and local 
                government programs and services for law enforcement 
                agencies in rural areas;
                    (J) the development of technical education and 
                training teams to aid in the development of seminars, 
                workshops, and education and training programs with 
                State and local agencies that work with law enforcement 
                agencies serving rural areas;
                    (K) conducting, encouraging, and coordinating 
                research relating to law enforcement and criminal 
                justice issues, including the causes, assessment, 
                evaluation, analysis, and prevention of criminal 
                activity;
                    (L) the formulation and recommendation of law 
                enforcement policies, goals, and standards in rural 
                areas applicable to criminal justice agencies, 
                organizations, institutions, and personnel; and
                    (M) coordination with institutions of higher 
                education for the purpose of encouraging programs of 
                study for law enforcement in rural areas at those 
                institutions.
    (c) Powers.--In carrying out subsection (b), the Center may--
            (1) apply for and make grants from or to and enter into 
        contracts or cooperative agreements with Federal, State, and 
        local governments, public or private institutions, 
        organizations, entities, and individuals necessary or 
        convenient to the exercise of the functions or powers conferred 
        explicitly or implicitly by this section;
            (2) arrange, as permitted by law, for the loan, assistance, 
        or use of facilities or equipment or personnel from Federal 
        agencies, departments, or other entities on a reimbursable or 
        nonreimbursable basis; and
            (3) procure the services of experts and consultants in a 
        manner similar to section 3109 of title 5, United States Code, 
        at rates of compensation established by the board of directors 
        of the Center, not to exceed the daily equivalent of the 
        maximum rate of pay payable for a position at level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.
    (d) Selection and Transfer of Surplus Property.--For purposes of 
the selection and transfer of surplus property under section 203(j) of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484(j)), the Center shall be treated as a State agency (as designated 
under State law in accordance with section 203(j)(1) of that Act).
    (e) Reimbursement of Travel Cost.--For purposes of official travel, 
costs shall be reimbursed in accordance with part 300-1 of title 41, 
Code of Federal Regulations (or any successor regulation) and other 
statutory requirements and executive policy applicable for travel by 
Federal civilian employees and other persons authorized to travel at 
Government expense.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $22,000,000 for fiscal year 2000; and
            (2) such sums as are necessary for fiscal years 2001 
        through 2005.

SEC. 9104. CENTER FOR DOMESTIC PREPAREDNESS FOR ACTS OF TERRORISM.

    (a)(1) In General.--The Attorney General shall, subject to the 
availability of appropriations, fund the Department of Justice Center 
for Domestic Preparedness.
    (2) Purposes.--Funds provided pursuant to this section shall be for 
the following purposes:
            (A) the development, delivery, and sustainment of domestic 
        preparedness training programs for State and local first 
        responders;
            (B) the acquisition of facilities and equipping for 
        necessary training and support operations;
            (C) the establishment of a seaport first responder training 
        facility; and
            (D) necessary administrative expenses.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $33,000,000 for each of fiscal years 2000 through 2004 to 
carry out subsection (a).
                                 <all>
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