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[DOCID: f:h2215eas.txt]
In the Senate of the United States,
December 20 (legislative day, December 18), 2001.
Resolved, That the bill from the House of Representatives (H.R.
2215) entitled ``An Act to authorize appropriations for the Department
of Justice for fiscal year 2002, and for other purposes.'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st Century
Department of Justice Appropriations Authorization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002
Sec. 101. Appointment of additional Assistant United States Attorneys;
reduction of certain litigation positions.
Sec. 102. Authorization for additional Assistant United States
Attorneys for project safe neighborhoods.
TITLE II--PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Miscellaneous uses of funds; technical amendments.
Sec. 204. Technical and miscellaneous amendments to Department of
Justice authorities; authority to transfer
property of marginal value; recordkeeping;
protection of the Attorney General.
Sec. 205. Oversight; waste, fraud, and abuse within the Department of
Justice.
Sec. 206. Enforcement of Federal criminal laws by Attorney General.
Sec. 207. Counterterrorism fund.
Sec. 208. Strengthening law enforcement in United States territories,
commonwealths, and possessions.
TITLE III--MISCELLANEOUS
Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of
appropriations for the Department of
Justice for fiscal year 2003.
Sec. 304. Study of untested rape examination kits.
Sec. 305. Report on use of DCS 1000 (carnivore).
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration
grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Review of the Department of Justice.
Sec. 310. Use of residential substance abuse treatment grants to
provide for services during and after
incarceration.
Sec. 311. Report on threats and assaults against Federal law
enforcement officers, United States judges,
United States officials and their families.
Sec. 312. Additional Federal judgeships.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Jurisdiction.
Sec. 404. Director of Violence Against Women Office.
Sec. 405. Regulatory authorization.
Sec. 406. Office staff.
Sec. 407. Authorization of appropriations.
DIVISION B--MISCELLANEOUS DIVISION
TITLE I--BOYS AND GIRLS CLUBS OF AMERICA
Sec. 1101. Boys and Girls Clubs of America.
TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2001
Sec. 2001. Short title.
Subtitle A--Drug-Free Prisons and Jails
Sec. 2101. Drug-free prisons and jails incentive grants.
Sec. 2102. Jail-based substance abuse treatment programs.
Sec. 2103. Mandatory revocation of probation and supervised release for
failing a drug test.
Subtitle B--Treatment and Prevention
Sec. 2201. Drug treatment alternative to prison programs administered
by State or local prosecutors.
Sec. 2202. Juvenile substance abuse courts.
Sec. 2203. Expansion of substance abuse education and prevention
efforts.
Sec. 2204. Funding for rural States and economically depressed
communities.
Sec. 2205. Funding for residential treatment centers for women and
children.
Sec. 2206. Drug treatment for juveniles.
Sec. 2207. Coordinated juvenile services grants.
Sec. 2208. Expansion of research.
Sec. 2209. Report on drug-testing technologies.
Sec. 2210. Use of National Institutes of Health substance abuse
research.
Sec. 2211. Study on strengthening efforts on substance abuse research
at the National Institutes of Health.
Subtitle C--School Safety and Character Education
Chapter 1--School Safety
Sec. 2301. Alternative education.
Chapter 2--Character Education
Subchapter A--National Character Achievement Award
Sec. 2311. National Character Achievement Award.
Subchapter B--Preventing Juvenile Delinquency Through Character
Education
Sec. 2321. Purpose.
Sec. 2322. Authorization of appropriations.
Sec. 2323. After school programs.
Sec. 2324. General provisions.
Subchapter C--Counseling, Training, and Mentoring Children of Prisoners
Sec. 2331. Purpose.
Sec. 2332. Authorization of appropriations.
Sec. 2333. Counseling, training, and mentoring programs.
Sec. 2334. General provisions.
Subtitle D--Reestablishment of Drug Courts
Sec. 2401. Reestablishment of drug courts.
Sec. 2402. Authorization of appropriations.
Subtitle E--Program for Successful Reentry of Criminal Offenders Into
Local Communities
Sec. 2501. Short title.
Sec. 2502. Purposes.
Chapter 1--Federal Reentry Demonstration Projects
Sec. 2511. Federal community corrections centers reentry project.
Sec. 2512. Federal High-Risk Offender Reentry project.
Sec. 2513. District of Columbia Intensive Supervision, Tracking, and
Reentry Training (DC iSTART) Demonstration
project.
Sec. 2514. Federal Intensive Supervision, Tracking, and Reentry
Training (FED iSTART) project.
Sec. 2515. Federal Enhanced In-Prison Vocational Assessment and
Training and Demonstration project.
Sec. 2516. Research and reports to Congress.
Sec. 2517. Definitions.
Sec. 2518. Authorization of appropriations.
Chapter 2--State Reentry Grant Programs
Sec. 2521. Amendments to the Omnibus Crime Control and Safe Streets Act
of 1968.
Chapter 3--Continuation of Assistance and Benefits
Sec. 2531. Amendments to the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
Subtitle F--Amendment to Foreign Narcotics Kingpin Designation Act
Sec. 2701. Amendment to Foreign Narcotics Kingpin Designation Act.
Subtitle G--Core Competencies in Drug Abuse Detection and Treatment
Sec. 2801. Amendment to the Public Health Service Act.
Subtitle H--Adolescent Therapeutic Community Treatment Programs
Sec. 2901. Program authorized.
Sec. 2902. Preference.
Sec. 2903. Duration of grants.
Sec. 2904. Restrictions.
Sec. 2905. Application.
Sec. 2906. Use of funds.
Sec. 2907. Treatment type.
Sec. 2908. Report by provider.
Sec. 2909. Report by Secretary.
Sec. 2910. Definitions.
Sec. 2911. Authorization of appropriations.
Subtitle I--Other Matters
Sec. 2951. Amendment to Controlled Substances Act.
Sec. 2952. Study of methamphetamine treatment.
TITLE III--NATIONAL COMPREHENSIVE CRIME-FREE COMMUNITIES ACT
Sec. 3001. Short title.
Sec. 3002. P
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rogram administration.
Sec. 3003. Focus.
Sec. 3004. Definitions.
Sec. 3005. Community grants.
Sec. 3006. State capacity building grants.
TITLE IV--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
Sec. 4001. Increasing the penalty for using physical force to tamper
with witnesses, victims, or informants.
Sec. 4002. Correction of aberrant statutes to permit imposition of both
a fine and imprisonment.
Sec. 4003. Reinstatement of counts dismissed pursuant to a plea
agreement.
Sec. 4004. Appeals from certain dismissals.
Sec. 4005. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 4006. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence
of imprisonment in certain cases.
Sec. 4007. Clarification that making restitution is a proper condition
of supervised release.
TITLE V--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2001
Sec. 5001. Short title.
Sec. 5002. Technical amendments relating to criminal law and procedure.
Sec. 5003. Additional technicals.
Sec. 5004. Repeal of outmoded provisions.
Sec. 5005. Amendments resulting from Public Law 107-56.
TITLE VI--UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL
ATTORNEYS
Sec. 6001. Undercover investigative practices conducted by Federal
attorneys.
TITLE VII--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
Sec. 7001. Paul Coverdell Forensic Sciences Improvement Grants.
Sec. 7002. Authorization of appropriations.
TITLE VIII--ECSTASY PREVENTION ACT OF 2001
Sec. 8001. Short title.
Sec. 8002. Grants for Ecstasy abuse prevention.
Sec. 8003. Combating Ecstasy and other club drugs in high intensity
drug trafficking areas.
Sec. 8004. National youth antidrug media campaign.
Sec. 8005. MDMA drug test.
Sec. 8006. National Institute on Drug Abuse report.
Sec. 8007. Interagency Ecstasy/club drug task force.
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002
SEC. 101. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS;
REDUCTION OF CERTAIN LITIGATION POSITIONS.
(a) Appointments.--Not later than September 30, 2003, 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 the 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 such sums as may be necessary to carry out this section.
SEC. 102. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES
ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS.
(a) In General.--The Attorney General shall establish a program for
each United States Attorney to provide for coordination with State and
local law enforcement officials in the identification and prosecution
of violations of Federal firearms laws including school gun violence
and juvenile gun offenses.
(b) Authorization for Hiring 94 Additional Assistant United States
Attorneys.--There are authorized to be appropriated to carry out this
section $9,000,000 for fiscal year 2002 to hire an additional Assistant
United States Attorney in each United States Attorney Office.
TITLE II--PERMANENT ENABLING PROVISIONS
SEC. 201. 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,
the activities of the Department of Justice (including any bureau,
office, board, division, commission, subdivision, unit, or other
component thereof) may, in the reasonable discretion of the Attorney
General, be carried out through any means, including--
``(1) through the Department's own personnel, acting
within, from, or through the Department itself;
``(2) by sending or receiving details of personnel to other
branches or agencies of the Federal Government, on a
reimbursable, partially-reimbursable, or nonreimbursable basis;
``(3) through reimbursable agreements with other Federal
agencies for work, materials, or equipment;
``(4) through contracts, grants, or cooperative agreements
with non-Federal parties; and
``(5) as provided in subsection (b), in section 524, and in
any other provision of law consistent herewith, including,
without limitation, section 102(b) of Public Law 102-395 (106
Stat. 1838), as incorporated by section 815(d) of Public Law
104-132 (110 Stat. 1315).
``(b) Permitted Uses.--
``(1) General permitted uses.--Funds available to the
Attorney General (i.e., all funds available to carry out the
activities described in subsection (a)) may be used, without
limitation, 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 reception 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, but
excluding expenses of public tours of facilities of the
Department of Justice), in accordance with
distributions and procedures established, and rules
issued, by the Attorney General, and expenses of public
tours of facilities of the Department of Justice.
``(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
rules issued by the Attorney General--
``(i) attendance at meetings and seminars;
``(ii) conferences and t
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raining; 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) 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 rules issued by the
Attorney General.
``(J) 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.
``(K) Expenses of--
``(i) primary and secondary schooling for
dependents of personnel stationed outside the
continental United States at cost not in excess
of those authorized by the Department of
Defense for the same area, when it is
determined by the Attorney General that schools
available in the locality are unable to provide
adequately for the education of such
dependents; and
``(ii) transportation of those dependents
between their place of residence and schools
serving the area which those dependents would
normally attend when the Attorney General,
under such regulations as he may prescribe,
determines that such schools are not accessible
by public means of transportation.
``(L) Payment of rewards (i.e., payments pursuant
to public advertisements for assistance to the
Department of Justice), in accordance with procedures
and regulations established or issued by the Attorney
General: provided that--
``(i) no such reward shall exceed
$2,000,000 (unless a statute should authorize a
higher amount);
``(ii) no such reward of $250,000 or more
may be made or offered without the personal
approval of either the Attorney General or the
President;
``(iii) the Attorney General shall give
written notice to the Chairmen and ranking
minority members of the Committees on
Appropriations and the Judiciary of the Senate
and of the House of Representatives not later
than 30 days after the approval of a reward
under clause (ii);
``(iv) any executive agency or military
department (as defined, respectively, in
sections 105 and 102 of title 5) may provide
the Attorney General with funds for the payment
of rewards; and
``(v) neither the failure of the Attorney
General to authorize a payment nor the amount
authorized shall be subject to judicial review.
``(2) Specific permitted uses.--
``(A) Aircraft and boats.--Funds available to the
Attorney General 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 to the Attorney General
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.--Funds available to the
Attorney General for construction may be used for
expenses of planning, designing, acquiring, building,
constructing, activating, renovating, converting,
expanding, extending, remodeling, equipping, repairing,
or maintaining buildings or facilities, including the
expenses of acquisition of sites therefor, and all
necessary expenses incident or related thereto; but the
foregoing shall not be construed to mean that funds
generally available for salaries and expenses are not
also available for certain incidental or minor
construction, activation, remodeling, maintenance, and
other related construction costs.
``(3) Fees and expenses of witnesses.--Funds available to
the Attorney General for fees and expenses of witnesses may be
used for--
``(A) expenses, mileage, compensation, protection,
and per diem in lieu of subsistence, of witnesses
(including advances of public money) and as authorized
by section 1821 or other law, except that no witness
may be paid more than 1 attendance fee for any 1
calendar day;
``(B) fees and expenses of neutrals in alternative
dispute resolution proceedings, where the Department of
Justice is a party; and
``(C) construction of protected witness safesites.
``(4) Federal bureau of investigation.--Funds available to
the Attorney General for the Federal Bureau of Investigation
for the detection, investigation, and prosecution of crimes
against the United States may be used for the conduct of all
its authorized activities.
``(5) Immigration and naturalization service.--Funds
available to the Attorney General for the Immigration and
Naturalization Service may be used for--
``(A) acquisition of land as sites for enforcement
fences, and construction incident 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
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required by public exigencies, in aid
of State or local law enforcement agencies.
``(6) Federal prison system.--Funds available to the
Attorney General 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 provided in
section 4010 of title 18; and
``(D) the construction of buildings and facilities
for penal and correctional institutions (including
prison camps), by contract or force account, including
the payment of United States prisoners for their work
performed in any such construction;
except that no funds may be used to distribute or make
available to a prisoner any commercially published information
or material that is sexually explicit or features nudity.
``(7) Detention trustee.--Funds available to the Attorney
General for the Detention Trustee may be used for all the
activities of such Trustee in the exercise of all power and
functions authorized by law relating to the detention of
Federal prisoners in non-Federal institutions or otherwise in
the custody of the United States Marshals Service and to the
detention of aliens in the custody of the Immigration and
Naturalization Service, including the overseeing of
construction of detention facilities or for housing related to
such detention, the management of funds appropriated to the
Department for the exercise of detention functions, and the
direction of the United States Marshals Service and Immigration
Service with respect to the exercise of detention policy
setting and operations for the Department of Justice.
``(c) Related Provisions.--
``(1) Limitation of compensation of individuals employed as
attorneys.--No 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.
``(d) Foreign Reimbursements.--Whenever the Department of Justice
or any component participates in a cooperative project to improve law
enforcement or national security operations or services with a friendly
foreign country on a cost-sharing basis, any reimbursements or
contributions received from that foreign country to meet its share of
the project may be credited to appropriate current appropriations
accounts of the Department of Justice or any component. The amount of a
reimbursement or contribution credited shall be available only for
payment of the share of the project expenses allocated to the
participating foreign country.
``(e) Railroad Police Training Fees.--The Attorney General is
authorized to establish and collect a fee to defray the costs of
railroad police officers participating in a Federal Bureau of
Investigation law enforcement training program authorized by Public Law
106-110, and to credit such fees to the appropriation account ``Federal
Bureau of Investigation, Salaries and Expenses'', to be available until
expended for salaries and expenses incurred in providing such services.
``(f) Warranty Work.--In instances where the Attorney General
determines that law enforcement-, security-, or mission-related
considerations mitigate against obtaining maintenance or repair
services from private sector entities for equipment under warranty, the
Attorney General is authorized to seek reimbursement from such entities
for warranty work performed at Department of Justice facilities, and to
credit any payment made for such work to any appropriation charged
therefor.''.
(b) Conforming Amendment.--The table of sections of chapter 31 of
title 28, United States Code, is amended by adding at the end the
following:
``530C. Authority to use available funds.''.
SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.
(a) In General.--Chapter 31 of title 28, United States Code (as
amended by section 201), 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 the
Congress a report of any instance in which the Attorney General
or any officer of the Department of Justice--
``(A) establishes or implements a formal or
informal policy to refrain--
``(i) from enforcing, applying, or
administering any provision of any Federal
statute, rule, regulation, program, policy, or
other law whose enforcement, application, or
administration is within the responsibility of
the Attorney General or such officer on the
grounds that such provision is
unconstitutional; or
``(ii) within any judicial jurisdiction of
or within the United States, from adhering to,
enforcing, applying, or complying with, any
standing rule of decision (binding upon courts
of, or inferior to those of, that jurisdiction)
established by a final decision of any court
of, or superior to those of, that jurisdiction,
respecting the interpretation, construction, or
application of the Constitution, any statute,
rule, regulation, program, policy, or other law
whose enforcement, application, or
administration is within the responsibility of
the Attorney General or such officer;
``(B) determines--
``(i) to contest affirmatively, in any
judicial, administrative, or other proceeding,
the constitutionality of any provision of any
Federal statute, rule, regulation, program,
policy, or other law; or
``(ii) to refrain (on the grounds that the
provision is unconstitutional) from defending
or asserting, in any judicial, administrative,
or other proceeding, the constitutionality of
any provision of any Federal statute, rule,
regulation, program, policy, or other law, or
not to appeal or request review of any
judicial, administrative, or other
determination adversely affecting the
constitutionality of any such provision; or
``(C) approves (other than in circumstances in
which a report is submitted to the Joint Committee on
Taxation, pursuant to section 6405 of the Internal
Revenue Code of 1986) th
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e settlement or compromise
(other than in bankruptcy) of any claim, suit, or other
action--
``(i) against the United States (including
any agency or instrumentality thereof) for a
sum that exceeds, or is likely to exceed,
$2,000,000, excluding prejudgment interest; or
``(ii) by the United States (including any
agency or instrumentality thereof) pursuant to
an agreement, consent decree, or order (or
pursuant to any modification of an agreement,
consent decree, or order) that provides
injunctive or other nonmonetary relief that
exceeds, or is likely to exceed, 3 years in
duration: Provided, That for purposes of this
clause, the term ``injunctive or other
nonmonetary relief'' shall not be understood to
include the following, where the same are a
matter of public record--
``(I) debarments, suspensions, or
other exclusions from Government
contracts or grants;
``(II) mere reporting requirements
or agreements (including sanctions for
failure to report);
``(III) requirements or agreements
merely to comply with statutes or
regulations;
``(IV) requirements or agreements
to surrender professional licenses or
to cease the practice of professions,
occupations, or industries;
``(V) any criminal sentence or any
requirements or agreements to perform
community service, to serve probation,
or to participate in supervised release
from detention, confinement, or prison;
or
``(VI) agreements to cooperate with
the government in investigations or
prosecutions (whether or not the
agreement is a matter of public
record).
``(2) Submission of report to the congress.--For the
purposes of paragraph (1), a report shall be considered to be
submitted to the 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 on the Judiciary of the House of
Representatives and the chairman and ranking minority
member of the Committee on the Judiciary of the Senate;
and
``(D) the Senate Legal Counsel and the General
Counsel of the House of Representatives.
``(b) Deadline.--A report shall be submitted--
``(1) under subsection (a)(1)(A), not later than 30 days
after the establishment or implementation of each policy;
``(2) under subsection (a)(1)(B), within such time as will
reasonably enable the House of Representatives and the Senate
to take action, separately or jointly, to intervene in timely
fashion in the proceeding, but in no event later than 30 days
after the making of each determination; and
``(3) under subsection (a)(1)(C), not later than 30 days
after the conclusion of each fiscal-year quarter, with respect
to all approvals occurring in such quarter.
``(c) Contents.--A report required by subsection (a) shall--
``(1) specify the date of the establishment or
implementation of the policy described in subsection (a)(1)(A),
of the making of the determination described in subsection
(a)(1)(B), or of each approval described in subsection
(a)(1)(C);
``(2) include a complete and detailed statement of the
relevant issues and background (including a complete and
detailed statement of the reasons for the policy or
determination, and the identity of the officer responsible for
establishing or implementing such policy, making such
determination, or approving such settlement or compromise),
except that--
``(A) such details may be omitted as may be
absolutely necessary to prevent improper disclosure of
national-security- or classified information, of any
information subject to the deliberative-process-,
executive-, attorney-work-product-, or attorney-client
privileges, or of any information the disclosure of
which is prohibited by section 6103 of the Internal
Revenue Code of 1986, if the fact of each such omission
(and the precise ground or grounds therefor) is clearly
noted in the statement: Provided, That this
subparagraph shall not be construed to deny to the
Congress (including any House, Committee, or agency
thereof) any such omitted details (or related
information) that it lawfully may seek, subsequent to
the submission of the report; and
``(B) the requirements of this paragraph shall be
deemed satisfied--
``(i) in the case of an approval described
in subsection (a)(1)(C)(i), if an unredacted
copy of the entire settlement agreement and
consent decree or order (if any) is provided,
along with a statement indicating the legal and
factual basis or bases for the settlement or
compromise (if not apparent on the face of
documents provided); and
``(ii) in the case of an approval described
in subsection (a)(1)(C)(ii), if an unredacted
copy of the entire settlement agreement and
consent decree or order (if any) is provided,
along with a statement indicating the
injunctive or other nonmonetary relief (if not
apparent on the face of documents provided);
and
``(3) in the case of a determination described in
subsection (a)(1)(B) or an approval described in subsection
(a)(1)(C), indicate the nature, tribunal, identifying
information, and status of the proceeding, suit, or action.
``(d) Declaration.--In the case of a determination described in
subsection (a)(1)(B), the representative of the United States
participating in the proceeding shall make a clear declaration in the
proceeding that any position expressed as to the constitutionality of
the provision involved is the position of the executive branch of the
Federal Government (or, as applicable, of the President or of any
executive agency or military department).
``(e) Applicability to the President and to Executive Agencies and
Military Departments.--The reporting, declaration, and other provisions
of this section relating to the Attorney G
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eneral and other officers of
the Department of Justice shall apply to the President, to the head of
each executive agency or military department (as defined, respectively,
in sections 105 and 102 of title 5, United States Code) that
establishes or implements a policy described in subsection (a)(1)(A) or
is authorized to conduct litigation, and to the officers of such
executive agency.''.
(b) Conforming Amendments.--
(1) The table of sections for chapter 31 of title 28,
United States Code (as amended by section 201), is amended by
adding at the end the following:
``530D. Report on enforcement of laws.''.
(2) Section 712 of Public Law 95-521 (92 Stat. 1883) is
amended by striking subsection (b).
(3) Not later than 30 days after the date of the enactment
of this Act, the President shall advise the head of each
executive agency or military department (as defined,
respectively, in sections 105 and 102 of title 5, United States
Code) of the enactment of this section.
(4)(A) Not later than 90 days after the date of the
enactment of this Act, the Attorney General (and, as
applicable, the President, and the head of any executive agency
or military department described in subsection (e) of section
530D of title 28, United States Code, as added by subsection
(a)) shall submit to Congress a report (in accordance with
subsections (a), (c), and (e) of such section) on--
(i) all policies of which the Attorney General and
applicable official are aware described in subsection
(a)(1)(A) of such section that were established or
implemented before the date of the enactment of this
Act and were in effect on such date; and
(ii) all determinations of which the Attorney
General and applicable official are aware described in
subsection (a)(1)(B) of such section that were made
before the date of the enactment of this Act and were
in effect on such date.
(B) If a determination described in subparagraph (A)(ii)
relates to any judicial, administrative, or other proceeding
that is pending in the 90-day period beginning on the date of
the enactment of this Act, with respect to any such
determination, then the report required by this paragraph shall
be submitted within such time as will reasonably enable the
House of Representatives and the Senate to take action,
separately or jointly, to intervene in timely fashion in the
proceeding, but not later than 30 days after the date of the
enactment of this Act.
(5) Section 101 of Public Law 106-57 (113 Stat. 414) is
amended by striking subsection (b).
SEC. 203. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.
(a) Bureau of Justice Assistance Grant Programs.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended--
(1) in section 504(a) by striking ``502'' and inserting
``501(b)'';
(2) in section 506(a)(1) by striking ``participating'';
(3) in section 510(a)(3) by striking ``502'' and inserting
``501(b)'';
(4) in section 510 by adding at the end the following:
``(d) No grants or contracts under subsection (b) may be made,
entered into, or used, directly or indirectly, to provide any security
enhancements or any equipment to any non-governmental entity that is
not engaged in law enforcement or law enforcement support, criminal or
juvenile justice, or delinquency prevention.''; and
(5) in section 511 by striking ``503'' and inserting
``501(b)''.
(b) Attorneys Specially Retained by the Attorney General.--The 3d
sentence of section 515(b) of title 28, United States Code, is amended
by striking ``at not more than $12,000''.
SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF
JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF
MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY
GENERAL.
(a) Section 524 of title 28, United States Code, is amended--
(1) in subsection (a) by inserting ``to the Attorney
General'' after ``available'';
(2) in subsection (c)(1)--
(A) by striking the semicolon at the end of the 1st
subparagraph (I) and inserting a period;
(B) by striking the 2d subparagraph (I);
(C) by striking ``(A)(iv), (B), (F), (G), and (H)''
in the first sentence following the second subparagraph
(I) and inserting ``(B), (F), and (G)''; and
(D) by striking ``fund'' in the 3d sentence
following the 2d subparagraph (I) and inserting
``Fund'';
(3) in subsection (c)(2)--
(A) by inserting before the period in the last
sentence ``, without both the personal approval of the
Attorney General and written notice within 30 days
thereof to the Chairmen and ranking minority members of
the Committees on Appropriations and the Judiciary of
the Senate and of the House of Representatives'';
(B) by striking ``for information'' each place it
appears; and
(C) by striking ``$250,000'' the 2d and 3d places
it appears and inserting ``$500,000'';
(4) in subsection (c)(3) by striking ``(F)'' and inserting
``(G)'';
(5) in subsection (c)(5) by striking ``Fund which'' and
inserting ``Fund, that'';
(6) in subsection (c)(8)(A), by striking ``(A)(iv), (B),
(F), (G), and (H)'' and inserting ``(B), (F), and (G)''; and
(7) in subsection (c)(9)(B)--
(A) by striking ``year 1997'' and inserting ``years
2002 and 2003''; and
(B) by striking ``Such transfer shall not'' and
inserting ``Each such transfer shall be subject to
satisfaction by the recipient involved of any
outstanding lien against the property transferred, but
no such transfer shall''.
(b) Section 522 of title 28, United States Code, is amended by
inserting ``(a)'' before ``The'', and by inserting at the end the
following:
``(b) With respect to any data, records, or other information
acquired, collected, classified, preserved, or published by the
Attorney General for any statistical, research, or other aggregate
reporting purpose beginning not later than 1 year after the date of
enactment of 21st Century Department of Justice Appropriations
Authorization Act and continuing thereafter, and notwithstanding any
other provision of law, the same criteria shall be used (and shall be
required to be used, as applicable) to classify or categorize offenders
and victims (in the criminal context), and to classify or categorize
actors and acted upon (in the noncriminal context).''.
(c) Section 534(a)(3) of title 28, United States Code, is amended
by adding ``and'' after the semicolon.
(d) Section 509(3) of title 28, United States Code, is amended by
striking the 2d period.
(e) Section 533 of title 28, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by adding after paragraph (2) a new paragraph as
follows:
``(3) to assist in the protection of the person of the
Attorney General.''.
(f) Hereafter, no compensation or reimbursement paid pursuant to
section 501(a) of Public Law 99-603 (100 Stat. 3443) or section 241(i)
of the Act of June 27, 1952 (ch. 477) shall be subject to section
6503(d) of title 31, United States Code, and no
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funds available to the
Attorney General may be used to pay any assessment made pursuant to
such section 6503 with respect to any such compensation or
reimbursement.
(g) Section 108 of Public Law 103-121 (107 Stat. 1164) is amended
by replacing ``three'' with ``six'', by replacing ``only'' with ``,
first,'', and by replacing ``litigation.'' with ``litigation, and,
thereafter, for financial systems, and other personnel, administrative,
and litigation expenses of debt collection activities.''.
SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE DEPARTMENT OF
JUSTICE.
(a) Section 529 of title 28, United States Code, is amended by
inserting ``(a)'' before ``Beginning'', and by adding at the end the
following:
``(b) Notwithstanding any provision of law limiting the amount of
management or administrative expenses, the Attorney General shall, not
later than May 2, 2003, and of every year thereafter, prepare and
provide to the Committees on the Judiciary and Appropriations of each
House of the Congress using funds available for the underlying
programs--
``(1) a report identifying and describing every grant
(other than one made to a governmental entity, pursuant to a
statutory formula), cooperative agreement, or programmatic
services contract that was made, entered into, awarded, or, for
which additional or supplemental funds were provided in the
immediately preceding fiscal year, by or on behalf of the
Office of Justice Programs (including any component or unit
thereof, and the Office of Community Oriented Policing
Services), and including, without limitation, for each such
grant, cooperative agreement, or contract: the term, the dollar
amount or value, a description of its specific purpose or
purposes, the names of all grantees or parties, the names of
each unsuccessful applicant or bidder, and a description of the
specific purpose or purposes proposed in each unsuccessful
application or bid, and of the reason or reasons for rejection
or denial of the same; and
``(2) a report identifying and reviewing every grant (other
than one made to a governmental entity, pursuant to a statutory
formula), cooperative agreement, or programmatic services
contract over $5,000,000 made, entered into, awarded, or for
which additional or supplemental funds were provided, after
October 1, 2002, by or on behalf of the Office of Justice
Programs (including any component or unit thereof, and the
Office of Community Oriented Policing Services) that was
programmatically and financially closed out or that otherwise
ended in the immediately preceding fiscal year (or even if not
yet closed out, was terminated or otherwise ended in the fiscal
year that ended 2 years before the end of such immediately
preceding fiscal year), and including, without limitation, for
each such grant, cooperative agreement, or contract: a
description of how the appropriated funds involved actually
were spent, statistics relating to its performance, its
specific purpose or purposes, and its effectiveness, and a
written declaration by each non-Federal grantee and each non-
Federal party to such agreement or to such contract, that--
``(A) the appropriated funds were spent for such
purpose or purposes, and only such purpose or purposes;
``(B) the terms of the grant, cooperative
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, cooperative agreement, or contract, have been
kept in orderly fashion and will be preserved for not
less than 3 years from the date of such close out,
termination, or end;
except that the requirement of this paragraph shall be deemed
satisfied with respect to any such description, statistics, or
declaration if such non-Federal grantee or such non-Federal
party shall have failed to provide the same to the Attorney
General, and the Attorney General notes the fact of such
failure and the name of such grantee or such party in the
report.''.
(b) Section 1913 of title 18, United States Code, is amended by
striking ``to favor'' and inserting ``a jurisdiction, or an official of
any government, to favor, adopt,'', by inserting ``, law, ratification,
policy,'' after ``legislation'' every place it appears, by striking
``by Congress'' the 2d place it appears, by inserting ``or such
official'' before ``, through the proper'', by inserting ``, measure,''
before ``or resolution'', by striking ``Members of Congress on the
request of any Member'' and inserting ``any such Member or official, at
his request,'', by striking ``for legislation'' and inserting ``for any
legislation'', and by striking the period and the paragraph following
``business'' and inserting ``, or from making any communication whose
prohibition by this section might, in the opinion of the Attorney
General, violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or national
security activities. Violations of this section shall constitute
violations of section 1352(a) of title 31.''.
(c) Section 1516(a) of title 18, United States Code, is amended by
inserting ``, entity, or program'' after ``person'', and by inserting
``grant, or cooperative agreement,'' after ``subcontract,''.
(d) Section 112 of title I of section 101(b) of division A of
Public Law 105-277 (112 Stat. 2681-67) is amended by striking ``fiscal
year'' and all that follows through ``Justice--'', and inserting ``any
fiscal year the Attorney General--''.
(e) Section 2320(f) of title 18, United States Code, is amended--
(1) by striking ``title 18'' each place it appears and
inserting ``this title''; and
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) by inserting ``(1)'' after ``(f)''; and
(4) by adding at the end the following:
``(2) The report under paragraph (1), with respect to criminal
infringement of copyright, shall include the following:
``(A) The number of infringement cases involving specific
types of works, such as audiovisual works, sound recordings,
business software, video games, books, and other types of
works.
``(B) The number of infringement cases involving an online
element.
``(C) The number and dollar amounts of fines assessed in
specific categories of dollar amounts, such as up to $500, from
$500 to $1,000, from $1,000 to $5,000, from $5,000 to $10,000,
and categories above $10,000.
``(D) The amount of restitution awarded.
``(E) Whether the sentences imposed were served.''.
SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.
Section 535 of title 28, United States Code, is amended in
subsections (a) and (b), by replacing ``title 18'' with ``Federal
criminal law'', and 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,''.
SEC. 207. COUNTERTERRORISM FUND.
(a) Establishment; Availability.--There is hereby 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--
(1) to reimburse
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any Department of Justice component for
any 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 incident;
(B) providing support to counter, investigate, or
prosecute domestic or international terrorism,
including, without limitation, paying rewards in
connection with these activities; and
(C) conducting terrorism threat assessments of
Federal agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government for any costs incurred in connection with detaining
in foreign countries individuals accused of acts of terrorism
that violate the laws of the United States.
(b) No Effect on Prior Appropriations.--The amendment made by
subsection (a) shall not affect the amount or availability of any
appropriation to the Counterterrorism Fund made before the date of
enactment of this Act.
SEC. 208. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES TERRITORIES,
COMMONWEALTHS, AND POSSESSIONS.
(a) Extended Assignment Incentive.--Chapter 57 of title 5, United
States Code, is amended--
(1) in subchapter IV, by inserting at the end the
following:
``Sec. 5757. Extended assignment incentive
``(a) The head of an Executive agency may pay an extended
assignment incentive to an employee if--
``(1) the employee has completed at least 2 years of
continuous service in 1 or more civil service positions located
in a territory or possession of the United States, the
Commonwealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands;
``(2) the agency determines that replacing the employee
with another employee possessing the required qualifications
and experience would be difficult; and
``(3) the agency determines it is in the best interest of
the Government to encourage the employee to complete a
specified additional period of employment with the agency in
the territory or possession, the Commonwealth of Puerto Rico or
Commonwealth of the Northern Mariana Islands, except that the
total amount of service performed in a particular territory,
commonwealth, or possession under 1 or more agreements
established under this section may not exceed 5 years.
``(b) The sum of extended assignment incentive payments for a
service period may not exceed the greater of--
``(1) an amount equal to 25 percent of the annual rate of
basic pay of the employee at the beginning of the service
period, times the number of years in the service period; or
``(2) $15,000 per year in the service period.
``(c)(1) Payment of an extended assignment incentive shall be
contingent upon the employee entering into a written agreement with the
agency specifying the period of service and other terms and conditions
under which the extended assignment incentive is payable.
``(2) The agreement shall set forth the method of payment,
including any use of an initial lump-sum payment, installment payments,
or a final lump-sum payment upon completion of the entire period of
service.
``(3) The agreement shall describe the conditions under which the
extended assignment incentive may be canceled prior to the completion
of agreed-upon service period and the effect of the cancellation. The
agreement shall require that if, at the time of cancellation of the
incentive, the employee has received incentive payments which exceed
the amount which bears the same relationship to the total amount to be
paid under the agreement as the completed service period bears to the
agreed-upon service period, the employee shall repay that excess
amount, at a minimum, except that an employee who is involuntarily
reassigned to a position stationed outside the territory, commonwealth,
or possession or involuntarily separated (not for cause on charges of
misconduct, delinquency, or inefficiency) may not be required to repay
any excess amounts.
``(d) An agency may not put an extended assignment incentive into
effect during a period in which the employee is fulfilling a
recruitment or relocation bonus service agreement under section 5753 or
for which an employee is receiving a retention allowance under section
5754.
``(e) Extended assignment incentive payments may not be considered
part of the basic pay of an employee.
``(f) The Office of Personnel Management may prescribe regulations
for the administration of this section, including regulations on an
employee's entitlement to retain or receive incentive payments when an
agreement is canceled. Neither this section nor implementing
regulations may impair any agency's independent authority to
administratively determine compensation for a class of its
employees.''; and
(2) in the analysis by adding at the end the following:
``5757. Extended assignment incentive.''.
(b) Conforming Amendment.--Section 5307(a)(2)(B) of title 5, United
States Code, is amended by striking ``or 5755'' and inserting ``5755,
or 5757''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after 6 months after the date of enactment of this Act.
(d) Report.--No later than 3 years after the effective date of this
section, the Office of Personnel Management, after consultation with
affected agencies, shall submit a report to Congress assessing the
effectiveness of the extended assignment incentive authority as a human
resources management tool and making recommendations for any changes
necessary to improve the effectiveness of the incentive authority. Each
agency shall maintain such records and report such information,
including the number and size of incentive offers made and accepted or
declined by geographic location and occupation, in such format and at
such times as the Office of Personnel Management may prescribe, for use
in preparing the report.
TITLE III--MISCELLANEOUS
SEC. 301. REPEALERS.
(a) Open-Ended Authorization of Appropriations for National
Institute of Corrections.--Chapter 319 of title 18, United States Code,
is amended by striking 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).
(c) Redundant Authorizations of Payments for Rewards.--
(1) Chapter 203 of title 18 of the United States Code is
amended by striking sections 3059, 3059A, 3059B, 3075, and all
the matter after the first sentence of 3072; and
(2) Public Law 101-647 is amended in section 2565, by
replacing all the matter after ``2561'' in subsection (c)(1)
with ``the Attorney General may, in his discretion, pay a
reward to the declarant'' and by striking subsection (e); and
by striking section 2569.
SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE.
Title 18 of the United States Code is amended--
(1) in section 4041 by striking ``at a salary of $10,000 a
year'';
(2) in section 4013--
(A) in subsection (a)--
(i) by replacing ``the support of United
States prisoners'' with ``Federal prisoner
detention'';
(ii) in paragraph (2) by adding ``and''
after ``hire;'';
(iii) in paragraph (3) by replacing
``entities; and'' with ``entities.''; and
(iv) in paragraph (4) by inserting ``The
2000
Attorney General, in support of Federal
prisoner detainees in non-Federal institutions,
is authorized to make payments, from funds
appropriated for State and local law
enforcement assistance, for'' before
``entering''; and
(B) by redesignating--
(i) subsections (b) and (c) as subsections
(c) and (d); and
(ii) paragraph (a)(4) as subsection (b),
and subparagraphs (A), (B), and (C), of such
paragraph (a)(4) as paragraphs (1), (2), and
(3) of such subsection (b); and
(3) in section 209(a)--
(A) by striking ``or makes'' and inserting
``makes''; and
(B) by striking ``supplements the salary of, any''
and inserting ``supplements, the salary of any''.
SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF
APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL
YEAR 2003.
When the President submits to the Congress the budget of the United
States Government for fiscal year 2003, the President shall
simultaneously submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate such
proposed legislation authorizing appropriations for the Department of
Justice for fiscal year 2003 as the President may judge necessary and
expedient.
SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS.
The Attorney General shall conduct a study to assess and report to
Congress the number of untested rape examination kits that currently
exist nationwide and shall submit to the Congress a report containing a
summary of the results of such study. For the purpose of carrying out
such study, the Attorney General shall attempt to collect information
from all law enforcement jurisdictions in the United States.
SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).
(a) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under
18 U.S.C. 3123.--At the same time that the Attorney General submits to
Congress the annual reports required by section 3126 of title 18,
United States Code, that are respectively next due after the end of
each of the fiscal years 2001 and 2002, the Attorney General shall also
submit to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives a
report, covering the same respective time period, on the number of
orders under section 3123 applied for by law enforcement agencies of
the Department of Justice whose implementation involved the use of the
DCS 1000 program (or any subsequent version of such program), which
report shall include information concerning--
(1) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(2) the offense specified in the order or application, or
extension of an order;
(3) the number of investigations involved;
(4) the number and nature of the facilities affected;
(5) the identity of the applying investigative or law
enforcement agency making the application for an order; and
(6) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
(b) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under
18 U.S.C. 2518.--At the same time that the Attorney General, or
Assistant Attorney General specially designated by the Attorney
General, submits to the Administrative Office of the United States
Courts the annual report required by section 2519(2) of title 18,
United States Code, that is respectively next due after the end of each
of the fiscal years 2001 and 2002, the Attorney General shall also
submit to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives a
report, covering the same respective time period, that contains the
following information with respect to those orders described in that
annual report that were applied for by law enforcement agencies of the
Department of Justice and whose implementation involved the use of the
DCS 1000 program (or any subsequent version of such program)--
(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title
18, United States Code, did not apply by reason of section 2518
(11) of title 18);
(2) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(3) the offense specified in the order or application, or
extension of an order;
(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
(5) the nature of the facilities from which or place where
communications were to be intercepted;
(6) a general description of the interceptions made under
such order or extension, including--
(A) the approximate nature and frequency of
incriminating communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose
communications were intercepted;
(D) the number of orders in which encryption was
encountered and whether such encryption prevented law
enforcement from obtaining the plain text of
communications intercepted pursuant to such order; and
(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
(8) the number of trials resulting from such interceptions;
(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(11) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall submit a report to the chairman and
ranking minority member of the Committees on the Judiciary of the House
of Representatives and Committee on the Judiciary of the Senate,
detailing the distribution or allocation of appropriated funds,
attorneys and other personnel, and per-attorney workloads, for each
Office of United States Attorney and each division of the Department of
Justice except the Justice Management Division.
SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION
GRANTS.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
``(b) Use of Truth-in-Sentencing and Violent Offender Incarceration
Grants.--Funds provided under section 20103 or 20104 may be applied to
the cost of--
``(1) altering existing correctiona
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l facilities to provide
separate facilities for juveniles under the jurisdiction of an
adult criminal court who are detained or are serving sentences
in adult prisons or jails;
``(2) providing correctional staff who are responsible for
supervising juveniles who are detained or serving sentences
under the jurisdiction of an adult criminal court with
orientation and ongoing training regarding the unique needs of
such offenders; and
``(3) providing ombudsmen to monitor the treatment of
juveniles who are detained or serving sentences under the
jurisdiction of an adult criminal court in adult facilities,
consistent with guidelines issued by the Assistant Attorney
General.
SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) except as specified in subsection (a) and paragraph
(3), may investigate allegations of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, or may, in the Inspector General's discretion, refer
such allegations to the Office of Professional Responsibility
or the internal affairs office of the appropriate component of
the Department of Justice; and
``(3) shall refer to the Counsel, Office of Professional
Responsibility of the Department of Justice, allegations of
misconduct involving Department attorneys, investigators or law
enforcement personnel, where the allegations relate to the
exercise of an attorney's authority to investigate, litigate,
or provide legal advice, except that no such referral shall be
made if the attorney is employed in the Office of Professional
Responsibility.''; and
(2) by inserting at the end the following:
``(d) The Attorney General shall insure by regulation that any
component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct by an
employee of the Department shall report such information to the
Inspector General.''.
SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Oversight Official Within the Office of
Inspector General.--The Inspector General of the Department of Justice
shall direct that one official from the Inspector General's office
shall be responsible for supervising and coordinating independent
oversight of programs and operations of the Federal Bureau of
Investigation until September 30, 2003. The Inspector General may
continue this policy after September 30, 2003, at the Inspector
General's discretion.
(b) Inspector General Oversight Plan for the Federal Bureau of
Investigation.--Not later than 30 days after the date of the enactment
of this Act, the Inspector General of the Department of Justice shall
submit to the Chairman and ranking member of the Committees on the
Judiciary of the Senate and the House of Representatives a plan for
oversight of the Federal Bureau of Investigation. The Inspector General
shall consider the following activities for inclusion in such plan:
(1) Financial systems.--Auditing the financial systems,
information technology systems, and computer security systems
of the Federal Bureau of Investigation.
(2) Programs and processes.--Auditing and evaluating
programs and processes of the Federal Bureau of Investigation
to identify systemic weaknesses or implementation failures and
to recommend corrective action.
(3) Internal affairs offices.--Reviewing the activities of
internal affairs offices of the Federal Bureau of
Investigation, including the Inspections Division and the
Office of Professional Responsibility.
(4) Personnel.--Investigating allegations of serious
misconduct by personnel of the Federal Bureau of Investigation.
(5) Other programs and operations.--Reviewing matters
relating to any other program or and operation of the Federal
Bureau of Investigation that the Inspector General determines
requires review.
(6) Resources.--Identifying resources needed by the
Inspector General to implement such plan.
(c) Report on Inspector General for Federal Bureau of
Investigation.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report and recommendation
to the Chairman and ranking member of the Committees on the Judiciary
of the Senate and the House of Representatives concerning whether there
should be established, within the Department of Justice, a separate
office of Inspector General for the Federal Bureau of Investigation
that shall be responsible for supervising independent oversight of
programs and operations of the Federal Bureau of Investigation.
SEC. 310. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO
PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.
Section 1901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end
the following:
``(c) Additional Use of Funds.--States that demonstrate that they
have existing in-prison drug treatment programs that are in compliance
with Federal requirements may use funds awarded under this part for
treatment and sanctions both during incarceration and after release.''.
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW
ENFORCEMENT OFFICERS, UNITED STATES JUDGES, UNITED STATES
OFFICIALS AND THEIR FAMILIES.
(a) Repeal of Compilation of Statistics Relating To Intimidation Of
Government Employees.--Section 808 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.1310) is
repealed.
(b) Report on Threats and Assaults Against Federal Law Enforcement
Officers, United States Judges, United States Officials and Their
Families.--Not later than 90 days after the date of enactment of this
Act, the Attorney General shall submit to the Chairmen and ranking
minority members of the Committees on the Judiciary of the Senate and
of the House of Representatives a report on the number of
investigations and prosecutions under section 111 of title 18, United
States Code, and section 115 of title 18, United States Code, for the
fiscal year 2001.
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 5 additional district judges for the southern
district of California;
(B) 1 additional district judge for the western
district of North Carolina; and
(C) 2 additional district judges for the western
district of Texas.
(2) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to each
judicial district, reflect the changes in the total number of
permanent district judgeships authorized as a result of
paragraph (1) of this subsection, such table is amended--
(A) by striking the item relating to California and
inserting the following:
``California:
Northern................................................ 14
Eastern................................................. 6
Central................................................. 27
Southern................................................ 13.'';
(B) by striking the item relating to North Carolina
and inserting the following:
``North Ca
2000
rolina:
Eastern................................................. 4
Middle.................................................. 4
Western................................................. 4.'';
and
(C) by striking the item relating to Texas and
inserting the following:
``Texas:
Northern................................................ 12
Southern................................................ 19
Eastern................................................. 7
Western................................................. 13.''.
(b) District Judgeships for the Central and Southern Districts of
Illinois.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the central
district and the southern district of Illinois authorized by
section 203(c) (3) and (4) of the Judicial Improvements Act of
1990 (Public Law 101-650, 28 U.S.C. 133 note) shall, as of the
date of the enactment of this Act, be authorized under section
133 of title 28, United States Code, and the incumbents in such
offices shall hold the offices under section 133 of title 28,
United States Code (as amended by this section).
(2) Technical and conforming amendment.--The table
contained in section 133(a) of title 28, United States Code, is
amended by striking the item relating to Illinois and inserting
the following:
``Illinois:
Northern................................................ 22
Central................................................. 4
Southern................................................ 4.''.
(c) Temporary Judgeship.--The President shall appoint, by and with
the advice and consent of the Senate, 1 additional district judge for
the western district of North Carolina. The first vacancy in the office
of district judge in the western district of North Carolina, occurring
7 years or more after the confirmation date of the judge named to fill
the temporary district judgeship created in that district by this
subsection, shall not be filled.
(d) Extension of Temporary Federal District Court Judgeship for the
Northern District of Ohio.--
(1) In general.--Section 203(c) of the Judicial Improvement
Act of 1990 (28 U.S.C. 133 note) is amended--
(A) in the first sentence following paragraph (12),
by striking ``and the eastern district of
Pennsylvania'' and inserting ``, the eastern district
of Pennsylvania, and the northern district of Ohio'';
and
(B) by inserting after the third sentence following
paragraph (12) ``The first vacancy in the office of
district judge in the northern district of Ohio
occurring 15 years or more after the confirmation date
of the judge named to fill the temporary judgeship
created under this subsection shall not be filled.''.
(2) Effective date.--The amendments made by this section
shall take effect on the earlier of--
(A) the date of enactment of this Act; or
(B) November 15, 2001.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including such sums as may be necessary to provide appropriate space
and facilities for the judicial positions created by this section.
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 401. SHORT TITLE.
This title may be cited as the ``Violence Against Women Office
Act''.
SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.
(a) In General.--There is established in the Department of Justice
a Violence Against Women Office (in this title referred to as the
``Office'') under the general authority of the Attorney General.
(b) Separate Office.--The Office--
(1) shall not be part of any division or component of the
Department of Justice; and
(2) shall be a separate office headed by a Director who
shall report to the Attorney General through the Associate
Attorney General of the United States, and who shall also serve
as Counsel to the Attorney General.
SEC. 403. JURISDICTION.
The Office--
(1) shall have jurisdiction over all matters related to
administration, enforcement, coordination, and implementation
of all responsibilities of the Attorney General or the
Department of Justice related to violence against women,
including formula and discretionary grant programs authorized
under the Violence Against Women Act of 1994 (title IV of
Public Law 103-322) and the Violence Against Women Act of 2000
(Division B of Public Law 106-386); and
(2) shall be solely responsible for coordination with other
offices or agencies of administration, enforcement, and
implementation of the programs, grants, and activities
authorized or undertaken under the Violence Against Women Act
of 1994 (title IV of Public Law 103-322) and the Violence
Against Women Act of 2000 (Division B of Public Law 106-386).
SEC. 404. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.
(a) Appointment.--The President, by and with the advice and consent
of the Senate, shall appoint a Director for the Violence Against Women
Office (in this title referred to as the ``Director'') to be
responsible for the administration, coordination, and implementation of
the programs and activities of the office.
(b) Other Employment.--The Director shall not--
(1) engage in any employment other than that of serving as
Director; or
(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office
makes any contract or other agreement under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322) or
the Violence Against Women Act of 2000 (Division B of Public
Law 106-386).
(c) Vacancy.--In the case of a vacancy, the President may designate
an officer or employee who shall act as Director during the vacancy.
(d) Compensation.--The Director shall be compensated at a rate of
pay not to exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
SEC. 405. REGULATORY AUTHORIZATION.
The Director may, after appropriate consultation with
representatives of States and units of local government, establish such
rules, regulations, and procedures as are necessary to the exercise of
the functions of the Office, and are consistent with the stated
purposes of this Act and those of the Violence Against Women Act of
1994 (title IV of Public Law 103-322) and the Violence Against Women
Act of 2000 (Division B of Public Law 106-386).
SEC. 406. OFFICE STAFF.
The Attorney General shall ensure that there is adequate staff to
support the Director in carrying out the responsibilities of the
Director under this title.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
DIVISION B--MISCELLANEOUS DIVISION
TITLE I--BOYS AND GIRLS CLUBS OF AMERICA
SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA.
Section 401 of the Economic Espionage Act of 1966 (42 U.S.C. 13751
note) is amended--
(1) in subsection (a)(2)--
(A) by striking ``1,000'' and inserting ``1,200'';
(B) by striking ``2,500'' and inserting ``4,000'';
and
(C) by striking ``December 31, 1999'' and inserting
``December 31, 2006, serving not less than 6,000,000
young people
2000
'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1997, 1998,
1999, 2000, and 2001'' and inserting ``2002, 2003,
2004, 2005, and 2006''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``90 days'' and inserting ``30
days'';
(ii) in subparagraph (A), by striking
``1,000'' and inserting ``1,200''; and
(iii) in subparagraph (B), by striking
``2,500 Boys and Girls Clubs of America
facilities in operation before January 1,
2000'' and inserting ``4,000 Boys and Girls
Clubs of America facilities in operation before
January 1, 2007''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $70,000,000 for fiscal year 2002;
``(B) $80,000,000 for fiscal year 2003;
``(C) $80,000,000 for fiscal year 2004;
``(D) $80,000,000 for fiscal year 2005; and
``(E) $80,000,000 for fiscal year 2006.''.
TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2001
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Drug Abuse Education, Prevention,
and Treatment Act of 2001''.
Subtitle A--Drug-Free Prisons and Jails
SEC. 2101. DRUG-FREE PRISONS AND JAILS INCENTIVE GRANTS.
(a) In General.--Subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is
amended--
(1) by redesignating section 20110 as section 20111; and
(2) by inserting after section 20109 the following:
``SEC. 20110. DRUG-FREE PRISONS AND JAILS BONUS GRANTS.
``(a) In General.--The Attorney General shall make incentive grants
in accordance with this section to eligible States, units of local
government, and Indian tribes, in order to encourage the establishment
and maintenance of drug-free prisons and jails.
``(b) Reservation of Funds.--Notwithstanding any other provision of
this subtitle, in each fiscal year, before making the allocations under
sections 20106 and 20108(a)(2) or the reservation under section 20109,
the Attorney General shall reserve 10 percent of the amount made
available to carry out this subtitle for grants under this section.
``(c) Eligibility.--
``(1) In general.--To be eligible to receive a grant under
this section, a State, unit of local government, or Indian
tribe shall demonstrate to the Attorney General that the State,
unit of local government, or Indian tribe--
``(A) meets the requirements of section 20103(a);
and
``(B) has established, or, within 18 months after
the initial submission of an application this section
will implement, a program or policy of drug-free
prisons and jails for correctional and detention
facilities, including juvenile facilities, in its
jurisdiction.
``(2) Contents of program or policy.--The drug-free prisons
and jails program or policy under paragraph (1)(B)--
``(A) shall include--
``(i) a zero-tolerance policy for drug use
or presence in State, unit of local government,
or Indian tribe facilities, including random
and routine sweeps and inspections for drugs,
random and routine drug tests of inmates, and
improved screening for drugs and other
contraband of prison visitors and prisoner
mail;
``(ii) establishment and enforcement of
penalties, including prison disciplinary
actions and criminal prosecution for the
introduction, possession, or use of drugs in
any prison or jail;
``(iii) the implementation of residential
drug treatment programs that are effective and
science-based; and
``(iv) drug testing of inmates upon intake
and upon release from incarceration as
appropriate; and
``(B) may include a system of incentives for
prisoners to participate in counter-drug programs such
as drug treatment and drug-free wings with greater
privileges, except that incentives under this paragraph
may not include the early release of any prisoner
convicted of a crime of violence that is not part of a
policy of a State concerning good-time credits or
criteria for the granting of supervised release.
``(d) Application.--In order to be eligible to receive a grant
under this section, a State, unit of local government, or Indian tribe
shall submit to the Attorney General an application, in such form and
containing such information, including rates of positive drug tests
among inmates upon intake and release from incarceration, as the
Attorney General may reasonably require.
``(e) Use of Funds.--Amounts received by a State, unit of local
government, or Indian tribe from a grant under this section may be
used--
``(1) to implement the program under subsection (c)(2); or
``(2) for any other purpose permitted by this subtitle.
``(f) Allocation of Funds.--Grants awarded under this section shall
be in addition to any other grants a State, unit of local government,
or Indian tribe may be eligible to receive under this subtitle or under
part S of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ff et seq.).
``(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a grant under this section have been funded, such State, together
with grantees within the State (other than Indian tribes), shall be
allocated in each fiscal year under this section not less than 0.75
percent of the total amount appropriated in the fiscal year for grants
pursuant to this section.
``(h) Authorization of Appropriations.--In addition to amounts
allocated under this section, there are authorized to be appropriated
to carry out this section such sums as are necessary for each of the
fiscal years 2002, 2003, and 2004.''.
SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
(a) Use of Residential Substance Abuse Treatment Grants To Provide
Aftercare Services.--Section 1902 of part S of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is
amended by adding at the end the following:
``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide
nonresidential substance abuse treatment aftercare services for inmates
or former inmates that meet the requirements of subsection (c), if the
chief executive officer of the State certifies to the Attorney General
that the State is providing, and will continue to provide, an adequate
level of residential treatment services.''.
(b) Jail-Based Substance Abuse Treatment.--Part S of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et
seq.) is amended by adding at the end the following:
``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.
``(a) Definitions.--In this section:
``(1) The ter
2000
m `jail-based substance abuse treatment
program' means a course of individual and group activities,
lasting for a period of not less than 3 months, in an area of a
correctional facility set apart from the general population of
the correctional facility, if those activities are--
``(A) directed at the substance abuse problems of
prisoners; and
``(B) intended to develop the cognitive,
behavioral, and other skills of prisoners in order to
address the substance abuse and related problems of
prisoners.
``(2) The term `local correctional facility' means any
correctional facility operated by a State or unit of local
government.
``(b) Authorization.--
``(1) In general.--At least 10 percent of the total amount
made available to a State under section 1904(a) for any fiscal
year shall be used by the State to make grants to local
correctional facilities in the State, provided the State
includes local correctional facilities, for the purpose of
assisting jail-based substance abuse treatment programs that
are effective and science-based established by those local
correctional facilities.
``(2) Federal share.--The Federal share of a grant made by
a State under this section to a local correctional facility may
not exceed 75 percent of the total cost of the jail-based
substance abuse treatment program described in the application
submitted under subsection (c) for the fiscal year for which
the program receives assistance under this section.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant from a
State under this section for a jail-based substance abuse
treatment program, the chief executive of a local correctional
facility shall submit to the State, in such form and containing
such information as the State may reasonably require, an
application that meets the requirements of paragraph (2).
``(2) Application requirements.--Each application submitted
under paragraph (1) shall include--
``(A) with respect to the jail-based substance
abuse treatment program for which assistance is sought,
a description of the program and a written
certification that the local correctional facility
will--
``(i) coordinate the design and
implementation of the program between local
correctional facility representatives and the
appropriate State and local alcohol and
substance abuse agencies;
``(ii) implement (or continue to require)
urinalysis or other proven reliable forms of
substance abuse testing of individuals
participating in the program, including the
testing of individuals released from the jail-
based substance abuse treatment program who
remain in the custody of the local correctional
facility; and
``(iii) carry out the program in accordance
with guidelines, which shall be established by
the State, in order to guarantee each
participant in the program access to
consistent, continual care if transferred to a
different local correctional facility within
the State;
``(B) written assurances that Federal funds
received by the local correctional facility from the
State under this section will be used to supplement,
and not to supplant, non-Federal funds that would
otherwise be available for jail-based substance abuse
treatment programs assisted with amounts made available
to the local correctional facility under this section;
and
``(C) a description of the manner in which amounts
received by the local correctional facility from the
State under this section will be coordinated with
Federal assistance for substance abuse treatment and
aftercare services provided to the local correctional
facility by the Substance Abuse and Mental Health
Services Administration of the Department of Health and
Human Services.
``(d) Review of Applications.--
``(1) In general.--Upon receipt of an application under
subsection (c), the State shall--
``(A) review the application to ensure that the
application, and the jail-based residential substance
abuse treatment program for which a grant under this
section is sought, meet the requirements of this
section; and
``(B) if so, make an affirmative finding in writing
that the jail-based substance abuse treatment program
for which assistance is sought meets the requirements
of this section.
``(2) Approval.--Based on the review conducted under
paragraph (1), not later than 90 days after the date on which
an application is submitted under subsection (c), the State
shall--
``(A) approve the application, disapprove the
application, or request a continued evaluation of the
application for an additional period of 90 days; and
``(B) notify the applicant of the action taken
under subparagraph (A) and, with respect to any denial
of an application under subparagraph (A), afford the
applicant an opportunity for reconsideration.
``(3) Eligibility for preference with aftercare
component.--
``(A) In general.--In making grants under this
section, a State shall give preference to applications
from local correctional facilities that ensure that
each participant in the jail-based substance abuse
treatment program for which a grant under this section
is sought, is required to participate in an aftercare
services program that meets the requirements of
subparagraph (B), for a period of not less than 1 year
following the earlier of--
``(i) the date on which the participant
completes the jail-based substance abuse
treatment program; or
``(ii) the date on which the participant is
released from the correctional facility at the
end of the participant's sentence or is
released on parole.
``(B) Aftercare services program requirements.--For
purposes of subparagraph (A), an aftercare services
program meets the requirements of this paragraph if the
program--
``(i) in selecting individuals for
participation in the program, gives priority to
individuals who have completed a jail-based
substance abuse treatment program;
``(ii) requires each participant in the
program to submit to periodic substance abuse
testing; and
``(iii) involves the coordination b
2000
etween
the jail-based substance abuse treatment
program and other human service and
rehabilitation programs that may assist in the
rehabilitation of program participants, such
as--
``(I) educational and job training
programs;
``(II) parole supervision programs;
``(III) half-way house programs;
and
``(IV) participation in self-help
and peer group programs; and
``(iv) assists in placing jail-based
substance abuse treatment program participants
with appropriate community substance abuse
treatment facilities upon release from the
correctional facility at the end of a sentence
or on parole.
``(e) Coordination and Consultation.--
``(1) Coordination.--Each State that makes 1 or more grants
under this section in any fiscal year shall, to the maximum
extent practicable, implement a statewide communications
network with the capacity to track the participants in jail-
based substance abuse treatment programs established by local
correctional facilities in the State as those participants move
between local correctional facilities within the State.
``(2) Consultation.--Each State described in paragraph (1)
shall consult with the Attorney General and the Secretary of
Health and Human Services to ensure that each jail-based
substance abuse treatment program assisted with a grant made by
the State under this section incorporates applicable components
of comprehensive approaches, including relapse prevention and
aftercare services.
``(f) Use of Grant Amounts.--
``(1) In general.--Each local correctional facility that
receives a grant under this section shall use the grant amount
solely for the purpose of carrying out the jail-based substance
abuse treatment program described in the application submitted
under subsection (c).
``(2) Administration.--Each local correctional facility
that receives a grant under this section shall carry out all
activities relating to the administration of the grant amount,
including reviewing the manner in which the amount is expended,
processing, monitoring the progress of the program assisted,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``(3) Restriction.--A local correctional facility may not
use any amount of a grant under this section for land
acquisition, a construction project, or facility renovations.
``(g) Reporting Requirement; Performance Review.--
``(1) Reporting requirement.--Not later than March 1 each
year, each local correctional facility that receives a grant
under this section shall submit to the Attorney General,
through the State, a description and an evaluation report of
the jail-based substance abuse treatment program carried out by
the local correctional facility with the grant amount, in such
form and containing such information as the Attorney General
may reasonably require.
``(2) Performance review.--The Attorney General shall
conduct an annual review of each jail-based substance abuse
treatment program assisted under this section, in order to
verify the compliance of local correctional facilities with the
requirements of this section.
``(h) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a grant under this section have been funded, such State, together
with grantees within the State (other than Indian tribes), shall be
allocated in each fiscal year under this section not less than 0.75
percent of the total amount appropriated in the fiscal year for grants
pursuant to this section.''.
(c) Eligibility for Substance Abuse Treatment.--Part S of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff et seq.), as amended by subsection (b), is further amended by
adding at the end the following:
``SEC. 1907. DEFINITIONS.
``In this part:
``(1) The term `inmate' means an adult or a juvenile who is
incarcerated or detained in any State or local correctional
facility.
``(2) The term `correctional facility' includes a secure
detention facility and a secure correctional facility (as those
terms are defined in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603)).''.
(d) Clerical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended in the matter relating to part S by adding at the end
the following:
``1906. Jail-based substance abuse treatment.
``1907. Definitions.''.
(e) Use of Residential Substance Abuse Treatment Grants To Provide
for Services During and After Incarceration.--Section 1901 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff) is amended by adding at the end the following:
``(c) Additional Use of Funds.--States that demonstrate that they
have existing in-prison drug treatment programs that are in compliance
with Federal requirements may use funds awarded under this part for
treatment and sanctions both during incarceration and after release,
provided that no more than 25 percent of funds be spent on aftercare
services.
``(d) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that programs of
substance abuse treatment and related services for State prisoners
carried out under this part incorporate applicable components of
existing, comprehensive approaches including relapse prevention and
aftercare services that have been shown to be efficacious and
incorporate evidence-based principles of effective substance abuse
treatment as determined by the Secretary of Health and Human
Services.''.
(f) Reauthorization.--Paragraph (17) of section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(17)) is amended to read as follows:
``(17) There are authorized to be appropriated to carry out
part S such sums as are necessary for fiscal year 2002 and such
sums as may be necessary for fiscal years 2003 and 2004.''.
(g) Substance Abuse Treatment in Federal Prisons Reauthorization.--
Section 3621(e) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking subparagraph (E) and
inserting the following:
``(E) such sums as are necessary for fiscal year
2002; and
``(F) such sums as are necessary for fiscal year
2003.''; and
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) the term `appropriate substance abuse
treatment' means treatment in a program that has been
shown to be efficacious and incorporates evidence-based
principles of effective substance abuse treatment as
determined by the Secretary of Health and Human
Services.''.
SEC. 2103. M
2000
ANDATORY REVOCATION OF PROBATION AND SUPERVISED RELEASE FOR
FAILING A DRUG TEST.
(a) Revocation of Probation.--Section 3565(b) of title 18, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by striking ``(4),'' and inserting
``(4); or''; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
(b) Revocation of Supervised Release.--Section 3583(g) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by inserting ``or'' after the
semicolon; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
Subtitle B--Treatment and Prevention
SEC. 2201. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED
BY STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2901. PILOT PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2902. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a long-term substance abuse treatment
provider that is licensed or certified under State or local
law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each substance abuse provider treating an offender
under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
substance abuse treatment provider or otherwise violated the
terms and conditions of the program, and returning such
offender to court for sentence on the underlying crime.
``SEC. 2903. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2904. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2905. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a
description and an evaluation report regarding the effectiveness of
activities carried out using that grant. Each report shall include an
evaluation in such form and containing such information as the Attorney
General may reasonably require. The Attorney General shall specify the
dates on which such reports shall be submitted.
``SEC. 2906. DEFINITIONS.
``In this part:
``(1) The term `State or local prosecutor' means any
district attorney, State attorney general, county attorney, or
corporation counsel who has authority to prosecute criminal
offenses under State or local law.
``(2) The term `eligible offender' means an individual
who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence, a
drug trafficking crime (as defined in section 924(c)(2)
of title 18, United States Code), or a crime that is
considered a violent felony under State or local law;
and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(3) The term `felony crime of violence' has the meaning
given such term in section 924(c)(3
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) of title 18, United States
Code.
``(4) The term `major drug offense' has the meaning given
such term in section 36(a) of title 18, United States Code.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part CC such sums as are necessary for each of fiscal years
2002 through 2004.''.
(c) Study of the Effect of Mandatory Minimum Sentences for
Controlled Substance Offenses.--Not later than 1 year after the date of
enactment of this Act, the United States Sentencing Commission shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report regarding mandatory minimum
sentences for controlled substance offenses, which shall include an
analysis of--
(1) whether such sentences may have a disproportionate
impact on ethnic or racial groups;
(2) the effectiveness of such sentences in reducing drug-
related crime by violent offenders;
(3) the effectiveness of basing sentences on drug
quantities and the feasibility of potential alternatives; and
(4) the frequency and appropriateness of the use of such
sentences for nonviolent offenders in contrast with other
approaches such as drug treatment programs.
SEC. 2202. JUVENILE SUBSTANCE ABUSE COURTS.
(a) Grant Authority.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART DD--JUVENILE SUBSTANCE ABUSE COURTS
``SEC. 2926. DEFINITIONS.
``In this part:
``(1) Crime of violence.--The term `crime of violence'
means a criminal offense that--
``(A) has as an element, the use, attempted use, or
threatened use of physical force against the person or
property of another; or
``(B) by its nature, involves a substantial risk
that physical force against the person or property of
another may be used in the course of committing the
offense.
``(2) Violent juvenile offender.--The term `violent
juvenile offender' means a juvenile who has been convicted of a
violent offense or adjudicated delinquent for an act that, if
committed by an adult, would constitute a crime of violence.
``SEC. 2927. GRANT AUTHORITY.
``(a) Appropriate Substance Abuse Court Programs.--The Attorney
General may make grants to States, State courts, local courts, units of
local government, and Indian tribes in accordance with this part to
establish programs that--
``(1) involve continuous judicial supervision over juvenile
offenders (other than violent juvenile offenders) with
substance abuse problems;
``(2) integrate administration of other sanctions and
services, which include--
``(A) mandatory random testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
``(B) substance abuse treatment for each
participant;
``(C) probation, diversion, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress; and
``(D) programmatic offender management, and
aftercare services such as relapse prevention; and
``(3) may include--
``(A) payment, in whole or in part, by the offender
or his or her parent or guardian of treatment costs, to
the extent practicable, such as costs for urinalysis or
counseling;
``(B) payment, in whole or in part, by the offender
or his or her parent or guardian of restitution, to the
extent practicable, to either a victim of the
offender's offense or to a restitution or similar
victim support fund; and
``(C) economic sanctions shall not be at a level
that would interfere with the juvenile offender's
education or rehabilitation.
``(b) Use of Grants for Necessary Support Programs.--A recipient of
a grant under this part may use the grant to pay for treatment,
counseling, and other related and necessary expenses not covered by
other Federal, State, Indian tribal, and local sources of funding that
would otherwise be available.
``(c) Continued Availability of Grant Funds.--Amounts made
available under this part shall remain available until expended.
``SEC. 2928. APPLICATIONS.
``(a) In General.--In order to receive a grant under this part, the
chief executive or the chief justice of a State, or the chief executive
or judge of a unit of local government or Indian tribe shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
``(b) Contents.--In addition to any other requirements that may be
specified by the Attorney General, each application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the applicant's need for Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives that complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility
for the substance abuse court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
``SEC. 2929. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the program
described in the application submitted under section 2928 for the
fiscal year for which the program receives assistance under this part.
``(b) Waiver.--The Attorney General may waive, in whole or in part,
the requirement of a matching contribution under subsection (a).
``(c) In-Kind Contributions.--In-kind contributions may constitute
a portion of the non-Federal share of a grant under this part.
``SEC. 2930. DISTRIBUTION OF FUNDS.
``(a) Geographical Distribution.--The Attorney General shall ensure
that, to the extent practicable, an equitable geographic distribution
of grant awards is made.
``(b) Indian Tribes.--The Attorney General shall allocate 0.75
percent of amounts made available under this part for grants to Indian
tribes.
``(c) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a grant under this part have been funded, such State, together with
grantees within the State (other than Indian tribes), shall be
allocated in each fiscal year under this part not le
2000
ss than 0.75
percent of the total amount appropriated in the fiscal year for grants
pursuant to this part.
``SEC. 2931. REPORT.
``Each recipient of a grant under this part during a fiscal year
shall submit to the Attorney General a description and an evaluation
report regarding the effectiveness of programs established with the
grant on the date specified by the Attorney General.
``SEC. 2932. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirement that
may be prescribed for recipients of grants under this part, the
Attorney General may carry out or make arrangements for evaluations of
programs that receive assistance under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.
``SEC. 2933. REGULATIONS.
``The Attorney General shall issue any regulations and guidelines
necessary to carry out this part, which shall ensure that the programs
funded with grants under this part do not permit participation by
violent juvenile offenders.
``SEC. 2934. UNAWARDED FUNDS.
``The Attorney General may reallocate any grant funds that are not
awarded for juvenile substance abuse courts under this part for use for
other juvenile delinquency and crime prevention initiatives.
``SEC. 2935. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for each of fiscal years
2002 through 2004, such sums as are necessary to carry out this
part.''.
(b) Clerical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by adding at the end the following:
``Part DD--Juvenile Substance Abuse Courts
``Sec. 2926. Definitions.
``Sec. 2927. Grant authority.
``Sec. 2928. Applications.
``Sec. 2929. Federal share.
``Sec. 2930. Distribution of funds.
``Sec. 2931. Report.
``Sec. 2932. Technical assistance, training, and evaluation.
``Sec. 2933. Regulations.
``Sec. 2934. Unawarded funds.
``Sec. 2935. Authorization of appropriations.''.
SEC. 2203. EXPANSION OF SUBSTANCE ABUSE EDUCATION AND PREVENTION
EFFORTS.
(a) Expansion of Efforts.--Section 515 of the Public Health Service
Act (42 U.S.C. 290bb-21) is amended by adding at the end the following:
``(e) Grants, Contracts, and Cooperative Agreements.--
``(1) In general.--The Administrator may make grants to and
enter into contracts and cooperative agreements with public and
nonprofit private entities to enable such entities--
``(A) to carry out school-based programs concerning
the dangers of abuse of and addiction to illicit drugs,
using methods that are effective and evidence-based,
including initiatives that give students the
responsibility to create their own antidrug abuse
education programs for their schools; and
``(B) to carry out community-based abuse and
addiction education and prevention programs relating to
illicit drugs that are effective and evidence-based.
``(2) Use of grant, contract, or cooperative agreement
funds.--Amounts made available under a grant, contract, or
cooperative agreement under paragraph (1) shall be used for
planning, establishing, or administering education and
prevention programs relating to illicit drugs in accordance
with paragraph (3).
``(3) Uses of amounts.--
``(A) In general.--Amounts provided under this
subsection may be used--
``(i) to carry out school-based programs
that are focused on those districts with high
or increasing rates of drug abuse and addiction
and targeted at populations which are most at-
risk to start abuse of illicit drugs;
``(ii) to carry out community-based
education and prevention programs and
environmental change strategies that are
focused on those populations within the
community that are most at-risk for abuse of
and addiction to illicit drugs;
``(iii) to assist local government entities
and community antidrug coalitions to plan,
conduct, and evaluate appropriate prevention
activities and strategies relating to illegal
drugs;
``(iv) to train and educate State and local
law enforcement officials, prevention and
education officials, members of community
antidrug coalitions and parents on the signs of
abuse of and addiction to illicit drugs, and
the options for treatment and prevention;
``(v) for planning, administration, and
educational activities related to the
prevention of abuse of and addiction to illicit
drugs;
``(vi) for the monitoring and evaluation of
prevention activities relating to illicit
drugs, and reporting and disseminating
resulting information to the public; and
``(vii) for targeted pilot programs with
evaluation components to encourage innovation
and experimentation with new methodologies.
``(B) Priority in making grants.--The Administrator
shall give priority in making grants under this
subsection to rural States, urban areas, and other
areas that are experiencing a high rate or rapid
increases in drug abuse and addiction.
``(4) Analyses, evaluations, and reports.--
``(A) Analyses and evaluations.--Not less than
$500,000 of the amount available in each fiscal year to
carry out this subsection shall be made available to
the Administrator, acting in consultation with other
Federal agencies, to support and conduct periodic
analyses and evaluations of effective education and
prevention programs for abuse of and addiction to
illicit drugs and the development of appropriate
strategies for disseminating information about and
implementing these programs.
``(B) Annual report.--The Administrator shall
submit to the committees of Congress referred to in
subparagraph (C) an annual report with the results of
the analyses and evaluation under subparagraph (A).
``(C) Committees.--The committees of Congress
referred to in this subparagraph are the following:
``(i) Senate.--The Committees on Health,
Education, Labor, and Pensions, the Judiciary,
and Appropriations of the Senate.
``(ii) House of representatives.--The
Committees on Energy and Commerce, the
Judiciary, and Appropriations of the House of
Representatives.''.
(b) Author
2000
ization of Appropriations for Expansion of Abuse
Prevention Efforts and Practitioner Registration Requirements.--There
is authorized to be appropriated to carry out section 515(e) of the
Public Health Service Act (as added by subsection (a)) and section
303(g)(2) of the Controlled Substances Act, such sums as are necessary
for fiscal year 2002, and such sums as may be necessary for each
succeeding fiscal year.
(c) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section.
SEC. 2204. FUNDING FOR RURAL STATES AND ECONOMICALLY DEPRESSED
COMMUNITIES.
(a) In General.--The Director of the Center for Substance Abuse
Treatment shall provide awards of grants, cooperative agreement, or
contracts to public and nonprofit private entities for the purpose of
providing treatment facilities in rural States and economically
depressed communities that have high rates of drug addiction but lack
the resources to provide adequate treatment.
(b) Minimum Qualifications for Receipt of Award.--With respect to
the principal agency of the State involved that administers programs
relating to substance abuse, the Director may make an award under
subsection (a) to an applicant only if the agency has certified to the
Director that--
(1) the applicant has the capacity to carry out a program
described in subsection (a);
(2) the plans of the applicant for such a program are
consistent with the policies of such agency regarding the
treatment of substance abuse; and
(3) the applicant, or any entity through which the
applicant will provide authorized services, meets all
applicable State licensure or certification requirements
regarding the provision of the services involved.
(c) Requirement of Matching Funds.--
(1) In general.--With respect to the costs of the program
to be carried out by an applicant pursuant to subsection (a), a
funding agreement for an award under such subsection is that
the applicant will make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that--
(A) for the first fiscal year for which the
applicant receives payments under an award under such
subsection, is not less than $1 for each $9 of Federal
funds provided in the award;
(B) for any second such fiscal year, is not less
than $1 for each $9 of Federal funds provided in the
award; and
(C) for any subsequent such fiscal year, is not
less than $1 for each $3 of Federal funds provided in
the award.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Reports to Director.--A funding agreement for an award under
subsection (a) is that the applicant involved will submit to the
Director a report--
(1) describing the utilization and costs of services
provided under the award;
(2) specifying the number of individuals served and the
type and costs of services provided; and
(3) providing such other information as the Director
determines to be appropriate.
(e) Requirement of Application.--The Director may make an award
under subsection (a) only if an application for the award is submitted
to the Director containing such agreements, and the application is in
such form, is made in such manner, and contains such other agreements
and such assurances and information as the Director determines to be
necessary to carry out this section.
(f) Equitable Allocation of Awards.--In making awards under
subsection (a), the Director shall ensure that the awards are equitably
allocated among the principal geographic regions of the United States,
subject to the availability of qualified applicants for the awards.
(g) Duration of Award.--The period during which payments are made
to an entity from an award under subsection (a) may not exceed 5 years.
The provision of such payments shall be subject to annual approval by
the Director of the payments and subject to the availability of
appropriations for the fiscal year involved to make the payments. This
subsection may not be construed to establish a limitation on the number
of awards under such subsection that may be made to an entity.
(h) Evaluations; Dissemination of Findings.--The Director shall,
directly or through contract, provide for the conduct of evaluations of
programs carried out pursuant to subsection (a). The Director shall
disseminate to the States the findings made as a result of the
evaluations.
(i) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section.
(j) Definition of Rural State.--In this section, the term ``rural
State'' has the same meaning as in section 1501(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of the fiscal years 2002, 2003, and 2004.
SEC. 2205. FUNDING FOR RESIDENTIAL TREATMENT CENTERS FOR WOMEN AND
CHILDREN.
(a) In General.--The Director of the Center for Substance Abuse
Treatment shall provide awards of grants, cooperative agreement, or
contracts to public and nonprofit private entities for the purpose of
providing treatment facilities that--
(1) provide residential treatment for methamphetamine,
heroin, and other drug addicted women with minor children; and
(2) offer specialized treatment for methamphetamine-,
heroin-, and other drug-addicted mothers and allow the minor
children of those mothers to reside with them in the facility
or nearby while treatment is ongoing.
(b) Minimum Qualifications for Receipt of Award.--With respect to
the principal agency of the State involved that administers programs
relating to substance abuse, the Director may make an award under
subsection (a) to an applicant only if the agency has certified to the
Director that--
(1) the applicant has the capacity to carry out a program
described in subsection (a);
(2) the plans of the applicant for such a program are
consistent with the policies of such agency regarding the
treatment of substance abuse; and
(3) the applicant, or any entity through which the
applicant will provide authorized services, meets all
applicable State licensure or certification requirements
regarding the provision of the services involved.
(c) Requirement of Matching Funds.--
(1) In general.--With respect to the costs of the program
to be carried out by an applicant pursuant to subsection (a), a
funding agreemen
2000
t for an award under such subsection is that
the applicant will make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that--
(A) for the first fiscal year for which the
applicant receives payments under an award under such
subsection, is not less than $1 for each $9 of Federal
funds provided in the award;
(B) for any second such fiscal year, is not less
than $1 for each $9 of Federal funds provided in the
award; and
(C) for any subsequent such fiscal year, is not
less than $1 for each $3 of Federal funds provided in
the award.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Reports to Director.--A funding agreement for an award under
subsection (a) is that the applicant involved will submit to the
Director a report--
(1) describing the utilization and costs of services
provided under the award;
(2) specifying the number of individuals served and the
type and costs of services provided; and
(3) providing such other information as the Director
determines to be appropriate.
(e) Requirement of Application.--The Director may make an award
under subsection (a) only if an application for the award is submitted
to the Director containing such agreements, and the application is in
such form, is made in such manner, and contains such other agreements
and such assurances and information as the Director determines to be
necessary to carry out this section.
(f) Priority.--In making grants under this subsection, the Director
shall give priority to areas experiencing a high rate or rapid increase
in drug abuse and addiction.
(g) Equitable Allocation of Awards.--In making awards under
subsection (a), the Director shall ensure that the awards are equitably
allocated among the principal geographic regions of the United States,
subject to the availability of qualified applicants for the awards.
(h) Duration of Award.--The period during which payments are made
to an entity from an award under subsection (a) may not exceed 5 years.
The provision of such payments shall be subject to annual approval by
the Director of the payments and subject to the availability of
appropriations for the fiscal year involved to make the payments. This
subsection may not be construed to establish a limitation on the number
of awards under such subsection that may be made to an entity.
(i) Evaluations; Dissemination of Findings.--The Director shall,
directly or through contract, provide for the conduct of evaluations of
programs carried out pursuant to subsection (a). The Director shall
disseminate to the States the findings made as a result of the
evaluations.
(j) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of the fiscal years 2002, 2003, and 2004.
SEC. 2206. DRUG TREATMENT FOR JUVENILES.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``PART G--RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES
``SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES.
``(a) In General.--The Director of the Center for Substance Abuse
Treatment shall award grants to, or enter into cooperative agreements
or contracts, with public and nonprofit private entities for the
purpose of providing treatment to juveniles for substance abuse through
programs that are effective and science-based in which, during the
course of receiving such treatment the juveniles reside in facilities
made available by the programs.
``(b) Availability of Services for Each Participant.--A funding
agreement for an award under subsection (a) for an applicant is that,
in the program operated pursuant to such subsection--
``(1) treatment services will be available through the
applicant, either directly or through agreements with other
public or nonprofit private entities; and
``(2) the services will be made available to each person
admitted to the program.
``(c) Individualized Plan of Services.--A funding agreement for an
award under subsection (a) for an applicant is that--
``(1) in providing authorized services for an eligible
person pursuant to such subsection, the applicant will, in
consultation with the juvenile and, if appropriate the parent
or guardian of the juvenile, prepare an individualized plan for
the provision to the juvenile or young adult of the services;
and
``(2) treatment services under the plan will include--
``(A) individual, group, and family counseling, as
appropriate, regarding substance abuse; and
``(B) followup services to assist the juvenile or
young adult in preventing a relapse into such abuse.
``(d) Eligible Supplemental Services.--Grants under subsection (a)
may be used to provide an eligible juvenile, the following services:
``(1) Hospital referrals.--Referrals for necessary hospital
services.
``(2) HIV and aids counseling.--Counseling on the human
immunodeficiency virus and on acquired immune deficiency
syndrome.
``(3) Domestic violence and sexual abuse counseling.--
Counseling on domestic violence and sexual abuse.
``(4) Preparation for reentry into society.--Planning for
and counseling to assist reentry into society, both before and
after discharge, including referrals to any public or nonprofit
private entities in the community involved that provide
services appropriate for the juvenile.
``(e) Minimum Qualifications for Receipt of Award.--With respect to
the principal agency of a State or Indian tribe that administers
programs relating to substance abuse, the Director may award a grant
to, or enter into a cooperative agreement or contract with, an
applicant only if the agency or Indian tribe has certified to the
Director that--
``(1) the applicant has the capacity to carry out a program
described in subsection (a);
``(2) the plans of the applicant for such a program are
consistent with the policies of such agency regarding the
treatment of substance abuse; and
``(3) the applicant, or any entity through which the
applicant will provide authorized services, meets all
applicable State licensure or certification requirements
regarding the provision of the services involved.
``(f) Requirements for Matching Funds.--
``(1) In general.--With respect to the costs of the program
to be carried out by an applicant pursuant to subsection (a), a
funding agreement for an award under such subsection is that
the applicant will make available (directly or through
donations from public or private entities) non-Federal
con
2000
tributions toward such costs in an amount that--
``(A) for the first fiscal year for which the
applicant receives payments under an award under such
subsection, is not less than $1 for each $9 of Federal
funds provided in the award;
``(B) for any second such fiscal year, is not less
than $1 for each $9 of Federal funds provided in the
award; and
``(C) for any subsequent such fiscal year, is not
less than $1 for each $3 of Federal funds provided in
the award.
``(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(g) Outreach.--A funding agreement for an award under subsection
(a) for an applicant is that the applicant will provide outreach
services in the community involved to identify juveniles who are
engaging in substance abuse and to encourage the juveniles to undergo
treatment for such abuse.
``(h) Accessibility of Program.--A funding agreement for an award
under subsection (a) for an applicant is that the program operated
pursuant to such subsection will be operated at a location that is
accessible to low income juveniles.
``(i) Continuing Education.--A funding agreement for an award under
subsection (a) is that the applicant involved will provide for
continuing education in treatment services for the individuals who will
provide treatment in the program to be operated by the applicant
pursuant to such subsection.
``(j) Imposition of Charges.--A funding agreement for an award
under subsection (a) for an applicant is that, if a charge is imposed
for the provision of authorized services to or on behalf of an eligible
juvenile, such charge--
``(1) will be made according to a schedule of charges that
is made available to the public;
``(2) will be adjusted to reflect the economic condition of
the juvenile involved; and
``(3) will not be imposed on any such juvenile whose family
has an income of less than 185 percent of the official poverty
line, as established by the Director of the Office for
Management and Budget and revised by the Secretary in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902(2)).
``(k) Reports to Director.--A funding agreement for an award under
subsection (a) is that the applicant involved will submit to the
Director a report--
``(1) describing the utilization and costs of services
provided under the award;
``(2) specifying the number of juveniles served, and the
type and costs of services provided; and
``(3) providing such other information as the Director
determines to be appropriate.
``(l) Requirement of Application.--The Director may make an award
under subsection (a) only if an application for the award is submitted
to the Director containing such agreements, and the application is in
such form, is made in such manner, and contains such other agreements
and such assurances and information as the Director determines to be
necessary to carry out this section.
``(m) Priority.--In making grants under this subsection, the
Director shall give priority to areas experiencing a high rate or rapid
increase in drug abuse and addiction.
``(n) Equitable Allocation of Awards.--In making awards under
subsection (a), the Director shall ensure that the awards are equitably
allocated among the principal geographic regions of the United States,
as well as among Indian tribes, subject to the availability of
qualified applicants for the awards.
``(o) Duration of Award.--
``(1) In general.--The period during which payments are
made to an entity from an award under this section may not
exceed 5 years.
``(2) Approval of director.--The provision of payments
described in paragraph (1) shall be subject to--
``(A) annual approval by the Director of the
payments; and
``(B) the availability of appropriations for the
fiscal year at issue to make the payments.
``(3) No limitation.--This subsection may not be construed
to establish a limitation on the number of awards that may be
made to an entity under this section.
``(p) Evaluations; Dissemination of Findings.--The Director shall,
directly or through contract, provide for the conduct of evaluations of
programs carried out pursuant to subsection (a). The Director shall
disseminate to the States the findings made as a result of the
evaluations.
``(q) Reports to Congress.--
``(1) Initial report.--Not later than October 1, 2001, the
Director shall submit to the Committee on the Judiciary of the
House of Representatives, and to the Committee on the Judiciary
of the Senate, a report describing programs carried out
pursuant to this section.
``(2) Periodic reports.--
``(A) In general.--Not less than biennially after
the date described in paragraph (1), the Director shall
prepare a report describing programs carried out
pursuant to this section during the preceding 2-year
period, and shall submit the report to the
Administrator for inclusion in the biennial report
under section 501(k).
``(B) Summary.--Each report under this subsection
shall include a summary of any evaluations conducted
under subsection (m) during the period with respect to
which the report is prepared.
``(r) Definitions.--In this section:
``(1) Authorized services.--The term `authorized services'
means treatment services and supplemental services.
``(2) Juvenile.--The term `juvenile' means anyone 18 years
of age or younger at the time that of admission to a program
operated pursuant to subsection (a).
``(3) Eligible juvenile.--The term `eligible juvenile'
means a juvenile who has been admitted to a program operated
pursuant to subsection (a).
``(4) Funding agreement under subsection (a).--The term
`funding agreement under subsection (a)', with respect to an
award under subsection (a), means that the Director may make
the award only if the applicant makes the agreement involved.
``(5) Treatment services.--The term `treatment services'
means treatment for substance abuse, including the counseling
and services described in subsection (c)(2).
``(6) Supplemental services.--The term `supplemental
services' means the services described in subsection (d).
``(s) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section and section 576 there is authorized to be appropriated
such sums as may be necessary for fiscal years 2002 through
2004. There is authorized to be appropriated from the Violent
Crime Reduction Trust Fund such sums as are necessary in each
of fiscal years 2002, 2003, and 2004.
``(2) Minimum allocation.--Unless all eligible applications
submitted by any State or unit of local government within such
State for a grant under this section have been funded, such
State,together with grantees within the State (other than
Indian tribes), shall be allocated in eac
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h fiscal year under
this section not less than 0.75 percent of the total amount
appropriated in the fiscal year for grants pursuant to this
section.
``(3) Transfer.--For the purpose described in paragraph
(1), in addition to the amounts authorized in such paragraph to
be appropriated for a fiscal year, there is authorized to be
appropriated for the fiscal year from the special forfeiture
fund of the Director of the Office of National Drug Control
Policy such sums as may be necessary.
``(4) Rule of construction.--The amounts authorized in this
subsection to be appropriated are in addition to any other
amounts that are authorized to be appropriated and are
available for the purpose described in paragraph (1).
``SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVENILES.
``(a) Grants.--The Secretary of Health and Human Services, acting
through the Director of the Center for Substance Abuse Treatment, shall
make grants to establish projects for the outpatient treatment of
substance abuse among juveniles.
``(b) Prevention.--Entities receiving grants under this section
shall engage in activities to prevent substance abuse among juveniles.
``(c) Evaluation.--The Secretary of Health and Human Services shall
evaluate projects carried out under subsection (a) and shall
disseminate to appropriate public and private entities information on
effective projects.''.
SEC. 2207. COORDINATED JUVENILE SERVICES GRANTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after section 205
the following:
``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.
``(a) In General.--The Attorney General and the Secretary of Health
and Human Services shall make grants to a consortium within a State
consisting of State or local juvenile justice agencies, State or local
substance abuse and mental health agencies, and child service agencies
to coordinate the delivery of services to children among these
agencies.
``(b) Use of Funds.--A consortium described in subsection (a) that
receives a grant under this section shall use the grant for the
establishment and implementation of programs that address the service
needs of juveniles with substance abuse and treatment problems who come
into contact with the justice system by requiring the following:
``(1) Collaboration across child serving systems, including
juvenile justice agencies, relevant substance abuse and mental
health treatment providers, and State or local educational
entities and welfare agencies.
``(2) Appropriate screening and assessment of juveniles.
``(3) Individual treatment plans.
``(4) Significant involvement of juvenile judges where
possible.
``(c) Application for Coordinated Juvenile Services Grant.--
``(1) In general.--A consortium described in subsection (a)
desiring to receive a grant under this section shall submit an
application containing such information as the Administrator
may prescribe.
``(2) Contents.--In addition to guidelines established by
the Administrator, each application submitted under paragraph
(1) shall provide--
``(A) certification that there has been appropriate
consultation with all affected agencies and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
``(B) for the regular evaluation of the program
funded by the grant and describe the methodology that
will be used in evaluating the program;
``(C) assurances that the proposed program or
activity will not supplant similar programs and
activities currently available in the community; and
``(D) specify plans for obtaining necessary support
and continuing the proposed program following the
conclusion of Federal support.
``(3) Federal share.--The Federal share of a grant under
this section shall not exceed 75 percent of the cost of the
program.
``(d) Report.--Each recipient of a grant under this section during
a fiscal year shall submit to the Attorney General a description and an
evaluation report regarding the effectiveness of programs established
with the grant on the date specified by the Attorney General.
``(e) Authorization of Appropriations.--There shall be made
available from the Violent Crime Reduction Trust Fund for each of
fiscal years 2002 through 2004, such sums as are necessary to carry out
this section.''.
SEC. 2208. EXPANSION OF RESEARCH.
Section 464L of the Public Health Service Act (42 U.S.C. 285o) is
amended by adding at the end the following:
``(f) Drug Abuse Research.--
``(1) Grants or cooperative agreements.--The Director of
the Institute shall make grants or enter into cooperative
agreements to conduct research on drug abuse treatment and
prevention, and as is necessary to establish up to 12 new
National Drug Abuse Treatment Clinical Trials Network (CTN)
Centers to develop and test an array of behavioral and
pharmacological treatments and to determine the conditions
under which novel treatments are successfully adopted by local
treatment clinics.
``(2) Use of funds.--Amounts made available under a grant
or cooperative agreement under paragraph (1) for drug abuse and
addiction may be used for research and clinical trials relating
to--
``(A) the effects of drug abuse on the human body,
including the brain;
``(B) the addictive nature of various drugs and how
such effects differ with respect to different
individuals;
``(C) the connection between drug abuse, mental
health, and teenage suicide;
``(D) the identification and evaluation of the most
effective methods of prevention of drug abuse and
addiction among juveniles and adults;
``(E) the identification and development of the
most effective methods of treatment of drug addiction,
including pharmacological treatments;
``(F) risk factors for drug abuse;
``(G) effects of drug abuse and addiction on
pregnant women and their fetuses; and
``(H) cultural, social, behavioral, neurological
and psychological reasons that individuals, including
juveniles, abuse drugs or refrain from abusing drugs.
``(3) Research results.--The Director shall promptly
disseminate research results under this subsection to Federal,
State and local entities involved in combating drug abuse and
addiction.
``(4) Authorization of appropriations.--
``(A) Authorization of appropriations.--For the
purpose of carrying out paragraphs (1), (2), and (3)
there is authorized to be appropriated such sums as are
necessary for fiscal year 2002, and such sums as may be
necessary for fiscal years 2003 and 2004, for
establishment of up to 12 new CTN Centers and for the
identification and development of the most effective
methods of treatment and prevention of drug addiction,
including behavioral, cognitive, and pharmacological
treatments among juveniles and adults.
``(B) Supplement not supplant.--Amounts
appropriated pursuant to the authorization of
appropriatio
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ns in subparagraph (A) for a fiscal year
shall supplement and not supplant any other amounts
appropriated in such fiscal year for research on drug
abuse and addiction.''.
SEC. 2209. REPORT ON DRUG-TESTING TECHNOLOGIES.
(a) Requirement.--The National Institute on Standards and
Technology shall conduct a study of drug-testing technologies in order
to identify and assess the efficacy, accuracy, and usefulness for
purposes of the National effort to detect the use of illicit drugs of
any drug-testing technologies (including the testing of hair) that may
be used as alternatives or complements to urinalysis as a means of
detecting the use of such drugs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Institute shall submit to Congress a report
on the results of the study conducted under subsection (a).
SEC. 2210. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE
RESEARCH.
(a) National Institute on Alcohol Abuse and Alcoholism.--Section
464H of the Public Health Service Act (42 U.S.C. 285n) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement To Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Drug Abuse and the Administrator of the Substance Abuse and Mental
Health Services Administration, shall--
``(1) ensure that the results of all current substance
abuse research that is set aside for services (and other
appropriate research with practical consequences) is widely
disseminated to treatment, prevention, and general
practitioners in an easily understandable format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment and the Center for Substance Abuse
Prevention to assist alcohol and drug treatment and prevention
practitioners, including general practitioners, to make
permanent changes in treatment and prevention activities
through the use of successful models.''.
(b) National Institute on Drug Abuse.--Section 464L of the Public
Health Service Act (42 U.S.C. 285o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement To Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Alcohol Abuse and Alcoholism and the Administrator of the Substance
Abuse and Mental Health Services Administration, shall--
``(1) ensure that the results of all current substance
abuse research that is set aside for services (and other
appropriate research with practical consequences) is widely
disseminated to treatment and prevention practitioners,
including general practitioners, in an easily understandable
format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment and the Center for Substance Abuse
Prevention to assist alcohol and drug treatment practitioners
to make permanent changes in treatment and prevention
activities through the use of successful models.''.
SEC. 2211. STUDY ON STRENGTHENING EFFORTS ON SUBSTANCE ABUSE RESEARCH
AT THE NATIONAL INSTITUTES OF HEALTH.
(a) Study.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary''), shall enter into a contract,
under subsection (b), to conduct a study to determine if combining the
National Institute on Drug Abuse and the National Institute on Alcohol
Abuse and Alcoholism of the National Institutes of Health to form 1
National Institute on Addiction would--
(1) strengthen the scientific research efforts on substance
abuse at the National Institutes of Health; and
(2) be more economically efficient.
(b) Institute of Medicine of the National Academy of Sciences.--The
Secretary shall request the Institute of Medicine of the National
Academy of Sciences to enter into a contract under subsection (a) to
conduct the study described in subsection (a).
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on the Judiciary
of the Senate--
(1) a report detailing the results of the study conducted
under subsection (a); and
(2) any recommendations.
Subtitle C--School Safety and Character Education
CHAPTER 1--SCHOOL SAFETY
SEC. 2301. ALTERNATIVE EDUCATION.
Part D of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6421 et seq.) is amended by adding at the end the
following:
``Subpart 4--Alternative Education Demonstration Project Grants
``SEC. 1441. PROGRAM AUTHORITY.
``(a) Grants.--
``(1) In general.--From amounts appropriated under section
1443, the Secretary, in consultation with the Administrator,
shall make grants to State educational agencies or local
educational agencies for not less than 10 demonstration
projects that enable the agencies to develop models for and
carry out alternative education for at-risk youth.
``(2) Construction.--Nothing in this subpart shall be
construed to affect the requirements of the Individuals with
Disabilities Education Act.
``(b) Demonstration Projects.--
``(1) Partnerships.--Each agency receiving a grant under
this subpart may enter into a partnership with a private sector
entity to provide alternative educational services to at-risk
youth.
``(2) Requirements.--Each demonstration project assisted
under this subpart shall--
``(A) accept for alternative education at-risk or
delinquent youth who are referred by a local school or
by a court with a juvenile delinquency docket and who--
``(i) have demonstrated a pattern of
serious and persistent behavior problems in
regular schools;
``(ii) are at risk of dropping out of
school;
``(iii) have been convicted of a criminal
offense or adjudicated delinquent for an act of
juvenile delinquency, and are under a court's
supervision; or
``(iv) have demonstrated that continued
enrollment in a regular classroom--
``(I) poses a physical threat to
other students; or
``(II) inhibits an atmosphere
conducive to learning; and
``(B) provide for accelerated learning, in a safe,
secure, and disciplined environment, including--
``(i) basic curriculum focused on mastery
of essential skills, including targeted
instruction in basic skills required for
secondary school graduation and employment; and
``(ii) emphasis on--
``(I) personal, academic, social,
an
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d workplace skills; and
``(II) behavior modification.
``(c) Applicability.--Except as provided in subsections (c) and (e)
of section 1442, the provisions of section 1401(c), 1402, and 1431, and
subparts 1 and 2, shall not apply to this subpart.
``(d) Definition of Administrator.--In this subpart, the term
`Administrator' means the Administrator of the Office of Juvenile Crime
Control and Prevention of the Department of Justice.
``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.
``(a) Applications.--Each State educational agency and local
educational agency seeking a grant under this subpart shall submit an
application in such form, and containing such information, as the
Secretary, in consultation with the Administrator, may reasonably
require.
``(b) Selection of Grantees.--
``(1) In general.--The Secretary shall select State
educational agencies and local educational agencies to receive
grants under this subpart on an equitable geographic basis,
including selecting agencies that serve urban, suburban, and
rural populations.
``(2) Minimum.--The Secretary shall award a grant under
this subpart to not less than 1 agency serving a population
with a significant percentage of Native Americans.
``(3) Priority.--In awarding grants under this subpart, the
Secretary may give priority to State educational agencies and
local educational agencies that demonstrate in the application
submitted under subsection (a) that the State has a policy of
equitably distributing resources among school districts in the
State.
``(c) Qualifications.--To qualify for a grant under this subpart, a
State educational agency or local educational agency shall--
``(1) in the case of a State educational agency, have
submitted a State plan under section 1414(a) that is approved
by the Secretary;
``(2) in the case of a local educational agency, have
submitted an application under section 1423 that is approved by
the State educational agency;
``(3) explain the educational and juvenile justice needs of
the community to be addressed by the demonstration project;
``(4) provide a detailed plan to implement the
demonstration project; and
``(5) provide assurances and an explanation of the agency's
ability to continue the program funded by the demonstration
project after the termination of Federal funding under this
subpart.
``(d) Matching Requirement.--
``(1) In general.--Grant funds provided under this subpart
shall not constitute more than 35 percent of the cost of the
demonstration project funded.
``(2) Source of funds.--Matching funds for grants under
this subpart may be derived from amounts available under part B
of title II, of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) to the State in which the
demonstration project will be carried out, except that the
total share of funds derived from Federal sources shall not
exceed 50 percent of the cost of the demonstration project.
``(e) Program Evaluation.--
``(1) In general.--Each State educational agency or local
educational agency that receives a grant under this subpart
shall evaluate the demonstration project assisted under this
subpart in the same manner as programs are evaluated under
section 1431. In addition, the evaluation shall include--
``(A) an evaluation of the effect of the
alternative education project on order, discipline, and
an effective learning environment in regular
classrooms;
``(B) an evaluation of the project's effectiveness
in improving the skills and abilities of at-risk
students assigned to alternative education, including
an analysis of the academic and social progress of such
students; and
``(C) an evaluation of the project's effectiveness
in reducing juvenile crime and delinquency, including--
``(i) reductions in incidents of campus
crime in relevant school districts, compared
with school districts not included in the
project; and
``(ii) reductions in recidivism by at-risk
students who have juvenile justice system
involvement and are assigned to alternative
education.
``(2) Evaluation by the secretary.--The Secretary, in
cooperation with the Administrator, shall comparatively
evaluate each of the demonstration projects funded under this
subpart, including an evaluation of the effectiveness of
private sector educational services, and shall report the
findings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committees on the Judiciary and Health, Education, Labor and
Pensions of the Senate not later than June 30, 2007.
``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as are necessary for each of fiscal years 2002, 2003, and
2004.''.
SEC. 2302. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
Part F of title XIV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8921 et seq.) is amended by adding at the end the
following:
``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
``(a) Nonapplication of Provisions.--The provisions of this section
shall not apply to any disciplinary records transferred from a private,
parochial, or other nonpublic school, person, institution, or other
entity, that provides education below the college level.
``(b) Disciplinary Records.--Not later than 2 years after the date
of enactment of the Drug Abuse Education, Prevention, and Treatment Act
of 2001, each State receiving Federal funds under this Act shall
provide an assurance to the Secretary that the State has a procedure in
place to facilitate the transfer of disciplinary records by local
educational agencies to any private or public elementary school or
secondary school for any student who is enrolled or seeks, intends, or
is instructed to enroll, full-time or part-time, in the school.''.
CHAPTER 2--CHARACTER EDUCATION
Subchapter A--National Character Achievement Award
SEC. 2311. NATIONAL CHARACTER ACHIEVEMENT AWARD.
(a) Presentation Authorized.--The President is authorized to award
to individuals under the age of 18, on behalf of the Congress, a
National Character Achievement Award, consisting of a medal of
appropriate design, with ribbons and appurtenances, honoring those
individuals for distinguishing themselves as a model of good character.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury shall design and
strike a medal with suitable emblems, devices, and inscriptions, to be
determined by such Secretary.
(c) Eligibility.--
(1) In general.--The President pro tempore of the Senate
and the Speaker of the House of Representatives shall establish
procedures for the processing of recommendations to be
forwarded to the President for awarding National Character
Achievement Awards under subsection (a).
(2) Recommendations by school principals.--At a minimum,
the recommendations referred to in paragraph (1) shall contain
the endorsement of the principal (or equivalent official) of
the school in which the individual under the age of 18 is
enrolled.
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Subchapter B--Preventing Juvenile Delinquency Through Character
Education
SEC. 2321. PURPOSE.
The purpose of this subchapter is to support the work of community-
based organizations, local educational agencies, and schools in
providing children and youth with alternatives to delinquency through
strong after school programs that--
(1) are organized around character education;
(2) reduce delinquency, school discipline problems, and
truancy; and
(3) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
SEC. 2322. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out the after school programs under this subchapter, such sums as are
necessary for fiscal year 2002, and such sums as may be necessary for
each of the 2 succeeding fiscal years.
(b) Source of Funding.--Amounts authorized to be appropriated
pursuant to this section may be derived from the Violent Crime
Reduction Trust Fund.
SEC. 2323. AFTER SCHOOL PROGRAMS.
(a) In General.--The Secretary, in consultation with the Attorney
General, is authorized to award grants to community-based organizations
to enable the organizations to provide youth with alternative
activities, in the after school or out of school hours, that include a
strong character education component.
(b) Eligible Community-Based Organizations.--The Secretary shall
only award a grant under this section to a community-based organization
that has a demonstrated capacity to provide after school or out of
school programs to youth, including youth serving organizations,
businesses, and other community groups.
(c) Applications.--Each community-based organization desiring a
grant under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require. Each
application shall include--
(1) a description of the community to be served and the
needs that will be met through the program in that community;
(2) a description of how the program will identify and
recruit at-risk youth for participation in the program, and how
the program will provide continuing support for the
participation of such youth;
(3) a description of the activities to be assisted under
the grant, including--
(A) how parents, students, and other members of the
community will be involved in the design and
implementation of the program;
(B) how character education will be incorporated
into the program; and
(C) how the program will coordinate activities
assisted under this section with activities of schools
and other community-based organizations;
(4) a description of the goals of the program;
(5) a description of how progress toward achieving such
goals, and toward meeting the purposes of this subchapter, will
be measured; and
(6) an assurance that the community-based organization will
provide the Secretary with information regarding the program
and the effectiveness of the program.
SEC. 2324. GENERAL PROVISIONS.
(a) Duration.--Each grant under this subchapter shall be awarded
for a period of not to exceed 5 years.
(b) Planning.--A community-based organization may use grant funds
provided under this subchapter for not more than 1 year for the
planning and design of the program to be assisted.
(c) Selection of Grantees.--
(1) Criteria.--The Secretary, in consultation with the
Attorney General, shall select, through a peer review process,
community-based organizations to receive grants under this
subchapter on the basis of the quality of the applications
submitted and taking into consideration such factors as--
(A) the quality of the activities to be assisted;
(B) the extent to which the program fosters in
youth the elements of character and reaches youth at-
risk of delinquency;
(C) the quality of the plan for measuring and
assessing the success of the program;
(D) the likelihood the goals of the program will be
realistically achieved;
(E) the experience of the applicant in providing
similar services; and
(F) the coordination of the program with larger
community efforts in character education.
(2) Diversity of projects.--The Secretary shall approve
applications under this subchapter in a manner that ensures, to
the extent practicable, that programs assisted under this
subchapter serve different areas of the United States,
including urban, suburban and rural areas, and serve at-risk
populations.
(d) Use of Funds.--Grant funds under this subchapter shall be used
to support the work of community-based organizations, schools, or local
educational agencies in providing children and youth with alternatives
to delinquency through strong after school, or out of school programs
that--
(1) are organized around character education;
(2) reduce delinquency, school discipline problems, and
truancy; and
(3) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
(e) Definitions.--In this subchapter:
(1) In general.--The terms used shall have the meanings
given such terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Character education.--The term ``character education''
means an organized educational program that works to reinforce
core elements of character, including caring, civic virtue and
citizenship, justice and fairness, respect, responsibility, and
trustworthiness.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
Subchapter C--Counseling, Training, and Mentoring Children of Prisoners
SEC. 2331. PURPOSE.
The purpose of this subchapter is to support the work of community-
based organizations in providing counseling, training, and mentoring
services to America's most at-risk children and youth in low-income and
high-crime communities who have a parent or legal guardian that is
incarcerated in a Federal, State, or local correctional facility.
SEC. 2332. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out programs under this subchapter, such sums as are necessary for
fiscal year 2002, and such sums as may be necessary for each of the 2
succeeding fiscal years.
(b) Source of Funding.--Amounts authorized to be appropriated
pursuant to this section may be derived from the Violent Crime
Reduction Trust Fund.
SEC. 2333. COUNSELING, TRAINING, AND MENTORING PROGRAMS.
(a) In General.--The Attorney General shall award grants to
community-based organizations to enable the organizations to provide
youth who have a parent or legal guardian incarcerated in a Federal,
State, or local correctional facility with counseling, training, and
mentoring services in low-income and high-crime communities that
include--
(1) counseling, including drug prevention counseling;
(2) academic tutoring, including online computer academic
programs that focus on the development and reinforcement of
basic skills;
(3) technology training, including computer skills;
(4) job skills and vocational training; and
(5) confidence building mentoring services.
(b) Eligible Community-Based Organizations.--The Attorney Gen
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eral
shall only award a grant under this section to a community-based
organization that has a demonstrated capacity to provide after school
or out of school programs to youth, including youth serving
organizations, businesses, and other community groups.
(c) Applications.--Each community-based organization desiring a
grant under this section shall submit an application to the Attorney
General at such time and in such manner as the Attorney General may
require. Each application shall include--
(1) a description of the community to be served and the
needs that will be met through the program in that community;
(2) a description of how the program will identify and
recruit youth who have a parent or legal guardian that is
incarcerated in a Federal, State, or local correctional
facility for participation in the program, and how the program
will provide continuing support for the participation of such
youth;
(3) a description of the activities to be assisted under
the grant, including--
(A) how parents, residents, and other members of
the community will be involved in the design and
implementation of the program; and
(B) how counseling, training, and mentoring
services will be incorporated into the program;
(4) a description of the goals of the program;
(5) a description of how progress toward achieving such
goals, and toward meeting the purposes of this subchapter, will
be measured; and
(6) an assurance that the community-based organization will
provide the Attorney General with information regarding the
program and the effectiveness of the program.
SEC. 2334. GENERAL PROVISIONS.
(a) Duration.--Each grant under this subchapter shall be awarded
for a period of not to exceed 5 years.
(b) Planning.--A community-based organization may use grant funds
provided under this subchapter for not more than 1 year for the
planning and design of the program to be assisted.
(c) Selection of Grantees.--
(1) Criteria.--The Attorney General shall select, through a
peer review process, community-based organizations to receive
grants under this subchapter on the basis of the quality of the
applications submitted and taking into consideration such
factors as--
(A) the quality of the activities to be assisted;
(B) the extent to which the program fosters
positive youth development and encourages meaningful
and rewarding lifestyles;
(C) the likelihood the goals of the program will be
realistically achieved;
(D) the experience of the applicant in providing
similar services; and
(E) the coordination of the program with larger
community efforts.
(2) Diversity of projects.--The Attorney General shall
approve applications under this subchapter in a manner that
ensures, to the extent practicable, that programs assisted
under this subchapter serve different low-income and high-crime
communities of the United States.
(d) Use of Funds.--Grant funds under this subchapter shall be used
to support the work of community-based organizations in providing
children of incarcerated parents or legal guardians with alternatives
to delinquency through strong after school, or out of school programs
that--
(1) are organized around counseling, training, and
mentoring;
(2) reduce delinquency, school discipline problems, and
truancy; and
(3) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
Subtitle D--Reestablishment of Drug Courts
SEC. 2401. REESTABLISHMENT OF DRUG COURTS.
(a) Drug Courts.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting
after part DD the following new part:
``PART EE--DRUG COURTS
``SEC. 2951. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to States,
State courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements with other
public or private entities, for programs that involve--
``(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
``(2) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
``(B) substance abuse treatment for each
participant;
``(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
``(D) offender management, and aftercare services
such as relapse prevention, health care, education,
vocational training, job placement, housing placement,
and child care or other family support services for
each participant who requires such services;
``(E) payment, in whole or part, by the offender of
treatment costs, to the extent practicable, such as
costs for urinalysis or counseling; and
``(F) payment, in whole or part, by the offender of
restitution, to the extent practicable, to either a
victim of the offender's offense or to a restitution or
similar victim support fund.
``(b) Limitation.--Economic sanctions imposed on an offender
pursuant to this section shall not be at a level that would interfere
with the offender's rehabilitation.
``SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
``The Attorney General shall--
``(1) issue regulations or guidelines to ensure that the
programs authorized in this part do not permit participation by
violent offenders; and
``(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded under
this part.
``SEC. 2953. DEFINITION.
``In this part, the term `violent offender' means a person who--
``(1) is charged with or convicted of an offense, during
the course of which offense or conduct--
``(A) the person carried, possessed, or used a
firearm or dangerous weapon;
``(B) there occurred the death of or serious bodily
injury to any person; or
``(C) there occurred the use of force against the
person of another, without regard to whether any of the
circumstances described in subparagraph (A) or (B) is
an element of the offense or conduct of which or for
which the person is charged or convicted; or
``(2) has 1 or more prior convictions for a felony crime of
violence involving the use or attempted use of force against a
person with the intent to cause death or serious bodily harm.
``SEC. 2954. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials
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in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
``SEC. 2955. APPLICATIONS.
``To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or judge of a unit of
local government or Indian tribal government, or the chief judge of a
State court or the judge of a local court or Indian tribal court shall
submit an application to the Attorney General in such form and
containing such information as the Attorney General may reasonably
require.
``SEC. 2956. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the program
described in the application submitted under section 2955 for the
fiscal year for which the program receives assistance under this part,
unless the Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section.
``(b) In-Kind Contributions.--In-kind contributions may constitute
a portion of the non-Federal share of a grant.
``SEC. 2957. DISTRIBUTION AND ALLOCATION.
``(a) Geographic Distribution.--The Attorney General shall ensure
that, to the extent practicable, an equitable geographic distribution
of grant awards is made.
``(b) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a grant under this part have been funded, such State, together with
grantees within the State (other than Indian tribes), shall be
allocated in each fiscal year under this part not less than 0.75
percent of the total amount appropriated in the fiscal year for grants
pursuant to this part.
``SEC. 2958. REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a description and an evaluation report on a
date specified by the Attorney General regarding the effectiveness of
this part.
``SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by inserting after the matter relating to part DD the
following:
``Part EE--Drug Courts
``Sec. 2951. Grant authority.
``Sec. 2952. Prohibition of participation by violent offenders.
``Sec. 2953. Definition.
``Sec. 2954. Administration.
``Sec. 2955. Applications.
``Sec. 2956. Federal share.
``Sec. 2957. Distribution and allocation.
``Sec. 2958. Report.
``Sec. 2959. Technical assistance, training, and evaluation.''.
SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793) is amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``or EE''; and
(2) by adding at the end the following new paragraph:
``(20)(A) There are authorized to be appropriated for
fiscal year 2002 such sums as are necessary and for fiscal
years 2003 and 2004 such sums as may be necessary to carry out
part EE.
``(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and
evaluation of this program.''.
Subtitle E--Program for Successful Reentry of Criminal Offenders Into
Local Communities
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Offender Reentry and Community
Safety Act of 2001''.
SEC. 2502. PURPOSES.
The purposes of this subtitle are to--
(1) establish demonstration projects in several Federal
judicial districts, the District of Columbia, and in the
Federal Bureau of Prisons, using new strategies and emerging
technologies that alleviate the public safety risk posed by
released prisoners by promoting their successful reintegration
into the community;
(2) establish court-based programs to monitor the return of
offenders into communities, using court sanctions to promote
positive behavior;
(3) establish offender reentry demonstration projects in
the states using government and community partnerships to
coordinate cost efficient strategies that ensure public safety
and enhance the successful reentry into communities of
offenders who have completed their prison sentences;
(4) establish intensive aftercare demonstration projects
that address public safety and ensure the special reentry needs
of juvenile offenders by coordinating the resources of juvenile
correctional agencies, juvenile courts, juvenile parole
agencies, law enforcement agencies, social service providers,
and local Workforce Investment Boards; and
(5) rigorously evaluate these reentry programs to determine
their effectiveness in reducing recidivism and promoting
successful offender reintegration.
CHAPTER 1--FEDERAL REENTRY DEMONSTRATION PROJECTS
SEC. 2511. FEDERAL COMMUNITY CORRECTIONS CENTERS REENTRY PROJECT.
(a) Authority and Establishment of Federal Community Corrections
Centers Reentry Project.--Subject to the availability of appropriations
to carry out this chapter, the Attorney General and the Director of the
Administrative Office of the United States Courts, shall establish the
Federal Reentry project. The project shall involve appropriate
prisoners released from the Federal prison population to a community
corrections center dur
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ing fiscal years 2003 and 2004, and a coordinated
response by Federal agencies to assist participating prisoners, under
close monitoring and more seamless supervision, in preparing for and
adjusting to reentry into the community.
(b) Project Elements.--The project authorized by subsection (a)
shall include--
(1) a Reentry Review Team for each prisoner, consisting of
representatives from the Bureau of Prisons, the United States
Probation System, and the relevant community corrections
center, who shall initially meet with the prisoner to develop a
reentry plan tailored to the needs of the prisoner and taking
into account the views of the victim advocate and the family of
the prisoner, if it is safe for the victim, and will thereafter
meet regularly to monitor the prisoner's progress toward
reentry and coordinate access to appropriate reentry measures
and resources;
(2) drug testing, as appropriate;
(3) a system of graduated levels of supervision within the
community corrections centers to promote community safety,
provide incentives for prisoners to complete the reentry plan,
including victim restitution, and provide a reasonable method
for imposing immediate sanctions for a prisoner's minor or
technical violation of the conditions of participation in the
project;
(4) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote
effective reintegration into the community as needed;
(5) to the extent practicable, the recruitment and
utilization of local citizen volunteers, including volunteers
from the faith-based and business communities, to serve as
advisers and mentors to prisoners being released into the
community;
(6) a description of the methodology and outcome measures
that will be used to evaluate the program; and
(7) notification to victims on the status and nature of
offenders' release, as appropriate.
(c) Probation Officers.--From funds made available to carry out
this Act, the Director of the Administrative Office of the United
States Courts shall appoint 1 or more probation officers from each
judicial district to the Reentry Demonstration project. Such officers
shall serve as reentry officers and shall serve on the Reentry Review
Teams.
(d) Project Duration.--The Community Corrections Center Reentry
project shall begin not later than 9 months following the availability
of funds to carry out this section, and shall last 5 years. The
Attorney General and the Director of the Administrative Office of the
United States Courts may extend the project for a period of up to 6
months to enable participant prisoners to complete their involvement in
the project.
(e) Selection of Prisoners.--The Director of the Administrative
Office of the United States Courts in consultation with the Attorney
General shall select an appropriate pool of prisoners from the Federal
prison population scheduled to be released to community correction
centers in fiscal years 2003 and 2004 to participate in the Reentry
project.
(f) Coordination of Projects.--If appropriate, Community
Corrections Center Reentry project offenders who participated in the
Enhanced In-Prison Vocational Assessment and Training Demonstration
project established by section 615 may be included.
SEC. 2512. FEDERAL HIGH-RISK OFFENDER REENTRY PROJECT.
(a) Authority and Establishment of Federal High-Risk Offender
Project.--Subject to the availability of appropriations to carry out
this Act, the Director of the Administrative Office of the United
States Courts shall establish the Federal High-Risk Offender Reentry
project. The project shall involve Federal offenders under supervised
release who have violated the terms of their release following a term
of imprisonment and shall utilize, as appropriate and indicated,
community corrections centers, home confinement, appropriate monitoring
technologies, and treatment and programming to promote more effective
reentry into the community.
(b) Project Elements.--The project authorized by subsection (a)
shall include--
(1) participation by Federal prisoners who have violated
the terms of their release following a term of imprisonment;
(2) use of community corrections centers and home
confinement that, together with the technology referenced in
paragraph (5), will be part of a system of graduated levels of
supervision;
(3) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote
effective reintegration into the community as needed;
(4) involvement of a victim advocate and the family of the
prisoner, if it is safe for the victim(s), especially in
domestic violence cases, to be involved;
(5) the use of monitoring technologies, as appropriate and
indicated, to monitor and supervise participating offenders in
the community;
(6) a description of the methodology and outcome measures
that will be used to evaluate the program; and
(7) notification to victims on the status and nature of a
prisoner's release, as appropriate.
(c) Condition of Supervised Release.--During the demonstration
project, appropriate offenders who are found to have violated a term of
supervised release and who will be subject to some additional term of
supervised release, may be designated to participate in the
demonstration project. With respect to these offenders, the court may
impose additional conditions of supervised release that each offender
shall, as directed by the probation officer, reside at a community
corrections center or participate in a program of home confinement, or
both, and submit to appropriate location verification monitoring. The
court may also impose additional correctional intervention conditions
as appropriate.
(d) Project Duration.--The Federal High-Risk Offender Reentry
Project shall begin not later than 9 months following the availability
of funds to carry out this section, and shall last 5 years. The
Director of the Administrative Office of the United States Courts may
extend the project for a period of up to 6 months to enable
participating prisoners to complete their involvement in the project.
(e) Selection of Offenders.--The Director of the Administrative
Office of the United States Courts shall select an appropriate pool of
offenders who are found by the court to have violated a term of
supervised release during fiscal year 2003 and 2004 to participate in
the Federal High-Risk Offender Reentry project.
SEC. 2513. DISTRICT OF COLUMBIA INTENSIVE SUPERVISION, TRACKING, AND
REENTRY TRAINING (DC ISTART) DEMONSTRATION PROJECT.
(a) Authority and Establishment of Demonstration Project.--From
funds made available to carry out this Act, the Trustee of the Court
Services and Offender Supervision Agency of the District of Columbia,
as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712)
shall establish the District of Columbia Intensive Supervision,
Tracking and Reentry Training Demonstration (DC iSTART) project. The
project shall involve high risk District of Columbia parolees who would
otherwise be released into the community without a period of
confinement in a community corrections facility and shall utilize
intensive supervision, monitoring, and programming to promote such
parolees' successful reentry into the community.
(b) Project Elements.--The project authorized by subsection (a)
shall include--
(1) participation by appropriate high risk p
2000
arolees;
(2) use of community corrections facilities and home
confinement;
(3) a Reentry Review Team that includes a victim witness
professional for each parolee which shall meet with the
parolee, by video conference or other means as appropriate,
before the release of the parolee from the custody of the
Federal Bureau of Prisons to develop a reentry plan that
incorporates victim impact information and is tailored to the
needs of the parolee and which will thereafter meet regularly
to monitor the parolee's progress toward reentry and coordinate
access to appropriate reentry measures and resources;
(4) regular drug testing, as appropriate;
(5) a system of graduated levels of supervision within the
community corrections facility to promote community safety,
victim restitution, to the extent practicable, provide
incentives for prisoners to complete the reentry plan, and
provide a reasonable method for immediately sanctioning a
prisoner's minor or technical violation of the conditions of
participation in the project;
(6) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote
effective reintegration into the community as needed;
(7) the use of monitoring technologies, as appropriate;
(8) to the extent practicable, the recruitment and
utilization of local citizen volunteers, including volunteers
from the faith-based communities, to serve as advisers and
mentors to prisoners being released into the community; and
(9) notification to victims on the status and nature of a
prisoner's reentry plan.
(c) Mandatory Condition of Parole.--For those offenders eligible to
participate in the demonstration project, the United States Parole
Commission shall impose additional mandatory conditions of parole such
that the offender when on parole shall, as directed by the community
supervision officer, reside at a community corrections facility or
participate in a program of home confinement, or both, submit to
electronic and other remote monitoring, and otherwise participate in
the project.
(d) Program Duration.--The District of Columbia Intensive
Supervision, Tracking and Reentry Training Demonstration shall begin
not later than 6 months following the availability of funds to carry
out this section, and shall last 3 years. The Trustee of the Court
Services and Offender Supervision Agency of the District of Columbia
may extend the project for a period of up to 6 months to enable
participating prisoners to complete their involvement in the project.
SEC. 2514. FEDERAL INTENSIVE SUPERVISION, TRACKING, AND REENTRY
TRAINING (FED ISTART) PROJECT.
(a) Authority and Establishment of Project.--Subject to the
availability of appropriations to carry out this section, the Director
of the Administrative Office of the United States Courts, in
consultation with the Attorney General, shall establish the Federal
Intensive Supervision, Tracking and Reentry Training (FED iSTART)
project. The project shall involve appropriate high risk Federal
offenders who are being released into the community without a period of
confinement in a community corrections center.
(b) Project Elements.--The project authorized by subsection (a)
shall include--
(1) participation by appropriate high risk Federal
offenders;
(2) significantly smaller caseloads for probation officers
participating in the demonstration project;
(3) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote
effective reintegration into the community as needed; and
(4) notification to victims on the status and nature of a
prisoner's reentry plan.
(c) Program Duration.--The Federal Intensive Supervision, Tracking
and Reentry Training Project shall begin not later than 9 months
following the availability of funds to carry out this section, and
shall last 3 years. The Director of the Administrative Office of the
United States Courts may extend the project for a period of up to 6
months to enable participating prisoners to complete their involvement
in the project.
(d) Selection of Prisoners.--The Director of the Administrative
Office of the United States Courts, in consultation with the Attorney
General, shall select an appropriate pool of Federal prisoners who are
scheduled to be released into the community without a period of
confinement in a community corrections center in fiscal years 2003 and
2004 to participate in the Federal Intensive Supervision, Tracking and
Reentry Training project.
SEC. 2515. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT AND
TRAINING AND DEMONSTRATION PROJECT.
(a) Authority and Establishment of Demonstration Project.--From
funds made available to carry out this section, the Attorney General
shall establish the Federal Enhanced In-Prison Vocational Assessment
and Training Demonstration project in selected institutions. The
project shall provide in-prison assessments of prisoners' vocational
needs and aptitudes, enhanced work skills development, enhanced release
readiness programming, and other components as appropriate to prepare
Federal prisoners for release and reentry into the community.
(b) Program Duration.--The Enhanced In-Prison Vocational Assessment
and Training Demonstration shall begin not later than 6 months
following the availability of funds to carry out this section, and
shall last 3 years. The Attorney General may extend the project for a
period of up to 6 months to enable participating prisoners to complete
their involvement in the project.
SEC. 2516. RESEARCH AND REPORTS TO CONGRESS.
(a) Director of the Administrative Office of the United States
Courts.--Not later than 2 years after enactment of this Act, the
Director of the Administrative Office of the United States Courts shall
report to Congress on the progress of the reentry projects authorized
by sections 2511, 2512, and 2514. Not later than 2 years after the end
of the reentry projects authorized by sections 2511, 2512, and 2514,
the Director of the Administrative Office of the United States Courts
shall report to Congress on the effectiveness of the reentry projects
authorized by sections 2511, 2512, and 2514 on post-release outcomes
and recidivism. The report shall address post-release outcomes and
recidivism for a period of 3 years following release from custody. The
reports submitted pursuant to this section shall be submitted to the
Committees on the Judiciary of the House of Representatives and the
Senate.
(b) Attorney General.--Not later than 2 years after enactment of
this Act, the Attorney General shall report to Congress on the progress
of the projects authorized by section 2515. Not later than 180 days
after the end of the projects authorized by section 2515, the Attorney
General shall report to Congress on the effectiveness of the reentry
projects authorized by section 2515 on post-release outcomes and
recidivism. The report should address post-release outcomes and
recidivism for a period of 3 years following release from custody. The
reports submitted pursuant to this section shall be submitted to the
Committees on the Judiciary of the House of Representatives and the
Senate.
(c) DC iSTART.--Not later than 2 years after enactment of this Act,
the Executive Director of the corporation or institute authorized by
section 11281(2) of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712)
shall report to Congress on the progress of the demonstration project
authorized by section 2515. Not later than 1 ye
2000
ar after the end of the
demonstration project authorized by section 2513, the Executive
Director of the corporation or institute authorized by section 11281(2)
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33; 111 Stat. 712) shall report to Congress
on the effectiveness of the reentry project authorized by section 2513
on post-release outcomes and recidivism. The report shall address post-
release outcomes and recidivism for a period of 3 years following
release from custody. The reports submitted pursuant to this section
shall be submitted to the Committees on the Judiciary of the House of
Representatives and the Senate. In the event that the corporation or
institute authorized by section 11281(2) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law
105-33; 111 Stat. 712) is not in operation 1 year after enactment of
this Act, the Director of the National Institute of Justice shall
prepare and submit the reports required by this section and may do so
from funds made available to the Court Services and Offender
Supervision Agency of the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33; 111 Stat. 712) to carry out this chapter.
SEC. 2517. DEFINITIONS.
In this chapter:
(1) Appropriate high risk parolees.--The term ``appropriate
high risk parolees'' means parolees considered by prison
authorities--
(A) to pose a medium to high risk of committing a
criminal act upon reentering the community; and
(B) to lack the skills and family support network
that facilitate successful reintegration into the
community.
(2) Appropriate prisoner.--The term ``appropriate
prisoner'' means a person who is considered by prison
authorities--
(A) to pose a medium to high risk of committing a
criminal act upon reentering the community; and
(B) to lack the skills and family support network
that facilitate successful reintegration into the
community.
SEC. 2518. AUTHORIZATION OF APPROPRIATIONS.
To carry out this chapter, there are authorized to be appropriated,
to remain available until expended, the following amounts:
(1) To the Federal Bureau of Prisons--
(A) such sums as are necessary for fiscal year
2002;
(B) such sums as are necessary for fiscal year
2003; and
(C) such sums as are necessary for fiscal year
2004.
(2) To the Federal Judiciary--
(A) such sums as are necessary for fiscal year
2002;
(B) such sums as are necessary for fiscal year
2003;
(C) such sums as are necessary for fiscal year
2004;
(D) such sums as are necessary for fiscal year
2005; and
(E) such sums as are necessary for fiscal year
2006.
(3) To the Court Services and Offender Supervision Agency
of the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33; 111 Stat. 712)--
(A) such sums as are necessary for fiscal year
2002;
(B) such sums as are necessary for fiscal year
2003; and
(C) such sums as are necessary for fiscal year
2004.
CHAPTER 2--STATE REENTRY GRANT PROGRAMS
SEC. 2521. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, is amended by
inserting after part EE the following new part:
``PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY
``SEC. 2976. ADULT OFFENDER STATE AND LOCAL REENTRY PARTNERSHIPS.
``(a) Grant Authorization.--The Attorney General shall make grants
of up to $1,000,000 to States, Territories, and Indian tribes, in
partnership with units of local government and nonprofit organizations,
for the purpose of establishing adult offender reentry demonstration
projects. Funds may be expended by the projects for the following
purposes:
``(1) oversight/monitoring of released offenders;
``(2) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote
effective reintegration into the community as needed;
``(3) convening community impact panels, victim impact
panels or victim impact educational classes; and
``(4) establishing and implementing graduated sanctions and
incentives.
``(b) Submission of Application.--In addition to any other
requirements that may be specified by the Attorney General, an
application for a grant under this subpart shall--
``(1) describe a long-term strategy and detailed
implementation plan, including how the jurisdiction plans to
pay for the program after the Federal funding ends;
``(2) identify the governmental and community agencies that
will be coordinated by this project;
``(3) certify that there has been appropriate consultation
with all affected agencies and there will be appropriate
coordination with all affected agencies in the implementation
of the program, including existing community corrections and
parole; and
``(4) describe the methodology and outcome measures that
will be used in evaluating the program.
``(c) Applicants.--The applicants as designated under 2601(a)--
``(1) shall prepare the application as required under
subsection 2601(b); and
``(2) shall administer grant funds in accordance with the
guidelines, regulations, and procedures promulgated by the
Attorney General, as necessary to carry out the purposes of
this part.
``(d) Matching Funds.--The Federal share of a grant received under
this title may not exceed 75 percent of the costs of the project funded
under this title unless the Attorney General waives, wholly or in part,
the requirements of this section.
``(e) Reports.--Each entity that receives a grant under this part
shall submit to the Attorney General, for each year in which funds from
a grant received under this part is expended, a description and an
evaluation report at such time and in such manner as the Attorney
General may reasonably require that contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting
the needs identified in the application funded under this part;
and
``(2) such other information as the Attorney General may
require.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as are necessary in fiscal
year 2002; and such sums as may be necessary for each of the
fiscal years 2003 and 2004.
``(2) Limitations.--Of the amount made available to carry
out this section in any fiscal year--
``(A) not more than 2 percent or less than 1
percent may be used by the Attorney General for
salaries and administrative expenses; and
``(B) not more than 3 percent or less than 2
percent may be used for technical assistance and
training.
``SEC. 2977. JUVENILE OF
2000
FENDER STATE AND LOCAL REENTRY PROGRAMS.
``(a) Grant Authorization.--The Attorney General shall make grants
of up to $250,000 to States, in partnership with local units of
governments or nonprofit organizations, for the purpose of establishing
juvenile offender reentry programs. Funds may be expended by the
projects for the following purposes:
``(1) providing returning juvenile offenders with drug and
alcohol testing and treatment and mental and medical health
assessment and services;
``(2) convening victim impact panels, restorative justice
panels, or victim impact educational classes for juvenile
offenders;
``(3) oversight/monitoring of released juvenile offenders;
and
``(4) providing for the planning of reentry services when
the youth is initially incarcerated and coordinating the
delivery of community-based services, such as education, family
involvement and support, and other services as needed.
``(b) Submission of Application.--In addition to any other
requirements that may be specified by the Attorney General, an
application for a grant under this subpart shall--
``(1) describe a long-term strategy and detailed
implementation plan, including how the jurisdiction plans to
pay for the program after the Federal funding ends;
``(2) identify the governmental and community agencies that
will be coordinated by this project;
``(3) certify that there has been appropriate consultation
with all affected agencies and there will be appropriate
coordination with all affected agencies, including existing
community corrections and parole, in the implementation of the
program;
``(4) describe the methodology and outcome measures that
will be used in evaluating the program.
``(c) Applicants.--The applicants as designated under 2603(a)--
``(1) shall prepare the application as required under
subsection 2603(b); and
``(2) shall administer grant funds in accordance with the
guidelines, regulations, and procedures promulgated by the
Attorney General, as necessary to carry out the purposes of
this part.
``(d) Matching Funds.--The Federal share of a grant received under
this title may not exceed 75 percent of the costs of the project funded
under this title unless the Attorney General waives, wholly or in part,
the requirements of this section.
``(e) Reports.--Each entity that receives a grant under this part
shall submit to the Attorney General, for each year in which funds from
a grant received under this part is expended, a description and an
evaluation report at such time and in such manner as the Attorney
General may reasonably require that contains:
``(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting
the needs identified in the application funded under this part;
and
``(2) such other information as the Attorney General may
require.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as are necessary in fiscal
year 2002, and such sums as are necessary for each of the
fiscal years 2003 and 2004.
``(2) Limitations.--Of the amount made available to carry
out this section in any fiscal year--
``(A) not more than 2 percent or less than 1
percent may be used by the Attorney General for
salaries and administrative expenses; and
``(B) not more than 3 percent or less than 2
percent may be used for technical assistance and
training.
``SEC. 2978. STATE REENTRY PROGRAM RESEARCH, DEVELOPMENT, AND
EVALUATION.
``(a) Grant Authorization.--The Attorney General shall make grants
to conduct research on a range of issues pertinent to reentry programs,
the development and testing of new reentry components and approaches,
selected evaluation of projects authorized in the preceding sections,
and dissemination of information to the field.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary in
fiscal year 2002, and such sums as are necessary to carry out this
section in fiscal years 2003 and 2004.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended, is amended by inserting at the end the following:
``Part FF--Offender Reentry and Community Safety Act
``Sec. 2976. Adult Offender State and Local Reentry Partnerships.
``Sec. 2977. Juvenile Offender State and Local Reentry Programs.
``Sec. 2978. State Reentry Program Research, Development, and
Evaluation.''.
CHAPTER 3--CONTINUATION OF ASSISTANCE AND BENEFITS
SEC. 2531. AMENDMENTS TO THE PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT OF 1996.
Section 115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a) is amended--
(1) in subsection (d), by adding at the end the following:
``(3) Inapplicability to certain individuals.--Subsection
(a) shall not apply to an individual who--
``(A) has successfully completed a substance abuse
treatment program and has not committed a subsequent
offense described in subsection (a); or
``(B) is enrolled in a substance abuse treatment
program and is fully complying with the terms and
conditions of the program.''; and
(2) by striking subsection (e) and inserting the following:
``(e) Definitions.--In this section:
``(1) Substance abuse treatment program.--The term
`substance abuse treatment program' means a course of
individual or group activities or both, lasting for a period of
not less than 28 days that--
``(A) includes residential or outpatient treatment
services for substance abuse and is operated by a
public, nonprofit, or private entity that meets all
applicable State licensure or certification
requirements; and
``(B) is directed at substance abuse problems and
intended to develop cognitive, behavioral, and other
skills to address substance abuse and related problems
and includes drug testing of patients.
``(2) State.--The term `State' has the meaning given it--
``(A) in section 419(5) of the Social Security Act,
when referring to assistance provided under a State
program funded under part A of title IV of the Social
Security Act; and
``(B) in section 3(m) of the Food Stamp Act of
1977, when referring to the food stamp program (as
defined in section 3(h) of the Food Stamp Act of 1977)
or any State program carried out under the Food Stamp
Act of 1977.
``(3) Successfully completed.--The term `successfully
completed' means has completed the prescribed course of drug
treatment.''.
Subtitle F--Amendment to Foreign Narcotics Kingpin Designation Act
SEC. 2701. AMENDMENT TO FOREIGN NARCOTICS KINGPIN DESIGNATION ACT.
Section 805 of the Foreign Narcotics Kingpin Designation Act (21
U.S.C. 1904) is amended by striking subsection (f).
Subtitle G--Core Competencies in Drug Abuse Detection and Treatment
SEC. 2801. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Subpart 2 of part B of title V
2000
of the Public Health Service Act (42
U.S.C. 290bb-21 et seq.), as amended by the Youth Drug and Mental
Health Services Act (Public Law 106-310), is further amended by adding
at the end the following:
``SEC. 519F. CORE COMPETENCIES.
``(a) Purpose.--The purpose of this section is--
``(1) to educate, train, motivate, and engage key
professionals to identify and intervene with children in
families affected by substance abuse and to refer members of
such families to appropriate programs and services in the
communities of such families;
``(2) to encourage professionals to collaborate with key
professional organizations representing the targeted
professional groups, such as groups of educators, social
workers, faith community members, and probation officers, for
the purposes of developing and implementing relevant core
competencies; and
``(3) to encourage professionals to develop networks to
coordinate local substance abuse prevention coalitions.
``(b) Program Authorized.--The Secretary shall award grants to
leading nongovernmental organizations with an expertise in aiding
children of substance abusing parents or experience with community
antidrug coalitions to help professionals participate in such
coalitions and identify and help youth affected by familial substance
abuse.
``(c) Duration of Grants.--No organization shall receive a grant
under subsection (c) for more than 5 consecutive years.
``(d) Application.--Any organization desiring a grant under
subsection (c) shall prepare and submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require, including a plan for the evaluation of the
project involved, including both process and outcome evaluation, and
the submission of the evaluation at the end of the project period.
``(e) Use of Funds.--Grants awarded under subsection (c) shall be
used to--
``(1) develop core competencies with various professional
groups that the professionals can use in identifying and
referring children affected by substance abuse;
``(2) widely disseminate the competencies to professionals
and professional organizations through publications and
journals that are widely read and respected;
``(3) develop training modules around the competencies; and
``(4) develop training modules for community coalition
leaders to enable such leaders to engage professionals from
identified groups at the local level in community-wide
prevention and intervention efforts.
``(f) Definition.--In this section, the term `professional'
includes a physician, student assistance professional, social worker,
youth and family social service agency counselor, Head Start teacher,
clergy, elementary and secondary school teacher, school counselor,
juvenile justice worker, child care provider, or a member of any other
professional group in which the members provide services to or interact
with children, youth, or families.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as are necessary for
fiscal year 2002, and such sums as may be necessary for each of fiscal
years 2003 and 2004.''.
Subtitle H--Adolescent Therapeutic Community Treatment Programs
SEC. 2901. PROGRAM AUTHORIZED.
The Secretary shall award competitive grants to treatment providers
who administer treatment programs to enable such providers to establish
adolescent residential substance abuse treatment programs that provide
services for individuals who are between the ages of 14 and 21.
SEC. 2902. PREFERENCE.
In awarding grants under this subtitle, the Secretary shall
consider the geographic location of each treatment provider and give
preference to such treatment providers that are geographically located
in such a manner as to provide services to addicts from non-
metropolitan areas.
SEC. 2903. DURATION OF GRANTS.
For awards made under this subtitle, the period during which
payments are made may not exceed 5 years.
SEC. 2904. RESTRICTIONS.
A treatment provider receiving a grant under this subtitle shall
not use any amount of the grant for land acquisition or a construction
project.
SEC. 2905. APPLICATION.
A treatment provider that desires a grant under this subtitle shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
SEC. 2906. USE OF FUNDS.
A treatment provider that receives a grant under this subtitle
shall use those funds to provide substance abuse services for
adolescents, including--
(1) a thorough psychosocial assessment;
(2) individual treatment planning;
(3) a strong education component integral to the treatment
regimen;
(4) life skills training;
(5) individual and group counseling;
(6) family services;
(7) daily work responsibilities; and
(8) community-based aftercare, providing 6 months of
treatment following discharge from a residential facility.
SEC. 2907. TREATMENT TYPE.
The Therapeutic Community model shall be used as a basis for all
adolescent residential substance abuse treatment programs established
under this subtitle, which shall be characterized by--
(1) the self-help dynamic, requiring youth to participate
actively in their own treatment;
(2) the role of mutual support and the therapeutic
importance of the peer therapy group;
(3) a strong focus on family involvement and family
strengthening;
(4) a clearly articulated value system emphasizing both
individual responsibility and responsibility for the community;
and
(5) an emphasis on development of positive social skills.
SEC. 2908. REPORT BY PROVIDER.
Not later than 1 year after receiving a grant under this subtitle,
and annually thereafter, a treatment provider shall prepare and submit
to the Secretary a report describing the services provided pursuant to
this subtitle.
SEC. 2909. REPORT BY SECRETARY.
(a) In General.--Not later than 3 months after receiving all
reports by providers under section 2908, and annually thereafter, the
Secretary shall prepare and submit a report containing information
described in subsection (b) to--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the United States Senate Caucus on International
Narcotics Control;
(4) the Committee on Commerce of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Government Reform of the House of
Representatives.
(b) Content.--The report described in subsection (a) shall--
(1) outline the services provided by providers pursuant to
this section;
(2) evaluate the effectiveness of such services;
(3) identify the geographic distribution of all treatment
centers provided pursuant to this section, and evaluate the
accessibility of such centers for addicts from rural areas and
small towns; and
(4) make recommendations to improve the programs carried
out pursuant to this section.
SEC. 2910. DEFINITIONS.
In this subtitle:
(1) Adolescent residential substance abuse treatment
program.--The term ``adolescent residential substance abuse
treatment program'' means a program that provides a regimen of
individual and group activities, lasting ideally not less than
12 months, in a community-based residential facility that
provides comprehensive services tailore
2000
d to meet the needs of
adolescents and designed to return youth to their families in
order that such youth may become capable of enjoying and
supporting positive, productive, drug-free lives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Therapeutic community.--The term ``Therapeutic
Community'' means a highly structured residential treatment
facility that--
(A) employs a treatment methodology;
(B) relies on self-help methods and group process,
a view of drug abuse as a disorder affecting the whole
person, and a comprehensive approach to recovery;
(C) maintains a strong educational component; and
(D) carries out activities that are designed to
help youths address alcohol or other drug abuse issues
and learn to act in their own best interests, as well
as in the best interests of their peers and families.
SEC. 2911. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to appropriations, there are authorized be
appropriated to carry out this subtitle--
(1) such sums as are necessary for fiscal year 2002; and
(2) such sums as may be necessary for 2003 and 2004.
(b) Supplement and Not Supplant.--Grant amounts received under this
subtitle shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this subtitle.
Subtitle I--Other Matters
SEC. 2951. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
Section 303(g)(2)(I) of the Controlled Substances Act is amended by
striking ``on the date of enactment'' and all that follows through
``such drugs,'' and inserting ``on the date of approval by the Food and
Drug Administration of a drug in schedule III, IV, or V, a State may
not preclude a practitioner from dispensing or prescribed such drug, or
combination of such drugs''.
SEC. 2952. STUDY OF METHAMPHETAMINE TREATMENT.
Section 3633 of the Methamphetamine Anti-Proliferation Act of 2000
(114 Stat. 1236) is amended by striking ``the Institute of Medicine of
the National Academy of Sciences'' and inserting ``the National
Institute on Drug Abuse''.
TITLE III--NATIONAL COMPREHENSIVE CRIME-FREE COMMUNITIES ACT
SEC. 3001. SHORT TITLE.
This title may be cited as the ``National Comprehensive Crime-Free
Communities Act''.
SEC. 3002. PROGRAM ADMINISTRATION.
(a) Attorney General Responsibilities.--In carrying out this title,
the Attorney General shall--
(1) make and monitor grants to grant recipients;
(2) provide, including through organizations such as the
National Crime Prevention Council, technical assistance and
training, data collection, and dissemination of information on
state-of-the-art research-grounded practices that the Attorney
General determines to be effective in preventing and reducing
crime, violence, and drug abuse;
(3) provide for the evaluation of this title and assess the
effectiveness of comprehensive planning in the prevention of
crime, violence, and drug abuse;
(4) provide for a comprehensive communications strategy to
inform the public and State and local governments of programs
authorized by this title and their purpose and intent;
(5) establish a National Crime-Free Communities Commission
to advise, consult with, and make recommendations to the
Attorney General concerning activities carried out under this
Act;
(6) establish the National Center for Justice Planning in a
national organization representing State criminal justice
executives that will--
(A) provide technical assistance and training to
State criminal justice agencies in implementing
policies and programs to facilitate community-based
strategic planning processes;
(B) establish a collection of best practices for
statewide community-based criminal justice planning;
and
(C) consult with appropriate organizations,
including the National Crime Prevention Council, in
providing necessary training to States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for the fiscal years 2002 through 2006,
including $4,500,000 to assist States and communities in providing
training, technical assistance, and setting benchmarks, and $500,000 to
establish and operate the National Center for Justice Planning.
(c) Program Administration.--Up to 3 percent of program funds
appropriated for Community Grants and State Capacity Building grants
may be used by the Attorney General to administer this program.
SEC. 3003. FOCUS.
Programs carried out by States and local communities under this
title shall include a specialized focus on neighborhoods and schools
disproportionately affected by crime, violence, and drug abuse.
SEC. 3004. DEFINITIONS.
In this title, the term ``crime prevention plan'' means a strategy
that has measurable long-term goals and short-term objectives that--
(1) address the problems of crime, including terrorism,
violence, and substance abuse for a jurisdiction, developed
through an interactive and collaborative process that includes
senior representatives of law enforcement and the local chief
executive's office as well as representatives of such groups as
other agencies of local government (including physical and
social service providers), nonprofit organizations, business
leaders, religious leaders, and representatives of community
and neighborhood groups;
(2) establishes interim and final benchmark measures for
each prevention objective and strategy; and
(3) includes a monitoring and assessment mechanism for
implementation of the plan.
SEC. 3005. COMMUNITY GRANTS.
(a) Grants Authorized.--
(1) In general.--The Attorney General shall award grants to
at least 100 communities or an organization organized under
section 501(c)(3) of the Internal Revenue Code of 1986 that is
the designee of a community, including 1 in each State, in an
amount not to exceed $250,000 per year for the planning,
evaluation, and implementation of a program designed to prevent
and reduce crime, violence, and substance abuse.
(2) Limitation.--Of the amount of a grant awarded under
this section in any given year, not more than $125,000 may be
used for the planning or evaluation component of the program.
(b) Program Implementation Component.--
(1) In general.--A community grant under this section may
be used by a community to support specific programs or projects
that are consistent with the local Crime Prevention Plan.
(2) Availability.--A grant shall be awarded under this
paragraph to a community that has developed a specific Crime
Prevention Plan and program outline.
(3) Matching requirement.--The Federal share of a grant
under this paragraph shall not exceed--
(A) 80 percent in the first year;
(B) 60 percent in the second year;
(C) 40 percent in the third year;
(D) 20 percent in the fourth year; and
(E) 20 percent in the fifth year.
(4) Data set aside.--A community may use up to 5 percent of
the grant to assist it in collecting local data related to the
costs of crime, violence, and substance abuse for purposes of
supporting its Crime Prevention Plan.
(c) Application.--
2000
(1) In general.--An applicant for a community grant under
this section shall--
(A) demonstrate how the proposed program will
prevent crime, violence, and substance abuse;
(B) certify that the program is based on nationally
recognized research standards that have been tested in
local communities;
(C) collaborate and obtain the approval and support
of the State agency designated by the Governor of that
State in the development of the comprehensive
prevention plan of the applicant;
(D) demonstrate the ability to develop a local
Crime-Free Communities Commission, including such
groups as Federal, State, and local criminal justice
personnel, law enforcement, schools, youth
organizations, religious and other community
organizations, business and health care professionals,
parents, State, local, or tribal governmental agencies,
and other organizations; and
(E) submit a plan describing how the applicant will
maintain the program without Federal funds following
the fifth year of the program.
(2) Consideration.--The Attorney General may give
additional consideration in the grant review process to an
applicant with an officially designated Weed and Seed site
seeking to expand from a neighborhood to community-wide
strategy.
(3) Rural communities.--The Attorney General shall give
additional consideration in the grant review process to an
applicant from a rural area.
(d) Waivers for Matching Requirement.--A community with an
officially designated Weed and Seed site may be provided a waiver by
the Attorney General for all matching requirements under this section
based on demonstrated financial hardship.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 to carry out this section for the fiscal years
2002 through 2006.
SEC. 3006. STATE CAPACITY BUILDING GRANTS.
(a) Grants Authorized.--The Attorney General shall award grants to
each State criminal justice agency, Byrne agency, or other agency as
designated by the Governor of that State and approved by the Attorney
General, in an amount not to exceed $400,000 per year to develop State
capacity to assist local communities in the prevention and reduction of
crime, violence, and substance abuse.
(b) Use of Funds.--
(1) In general.--A State capacity building grant shall be
used to develop a statewide strategic plan as defined in
subsection (c) to prevent and reduce crime, violence, and
substance abuse.
(2) Permissive use.--A State may also use its grant to
provide training and technical assistance to communities and
promote innovation in the development of policies,
technologies, and programs to prevent and reduce crime.
(3) Data collection.--A State may use up to 5 percent of
the grant to assist grant recipients in collecting statewide
data related to the costs of crime, violence, and substance
abuse for purposes of supporting the statewide strategic plan.
(c) Statewide Strategic Prevention Plan.--
(1) In general.--A statewide strategic prevention plan
shall be used by the State to assist local communities, both
directly and through existing State programs and services, in
building comprehensive, strategic, and innovative approaches to
reducing crime, violence, and substance abuse based on local
conditions and needs.
(2) Goals.--The plan must contain statewide long-term goals
and measurable annual objectives for reducing crime, violence,
and substance abuse.
(3) Accountability.--The State shall be required to develop
and report in its plan relevant performance targets and
measures for the goals and objectives to track changes in
crime, violence, and substance abuse.
(4) Consultation.--The State shall form a State crime free
communities commission that includes representatives of State
and local government, and community leaders who will provide
advice and recommendations on relevant community goals and
objectives, and performance targets and measures.
(d) Requirements.--
(1) Training and technical assistance.--The State shall
provide training and technical assistance, including through
such groups as the National Crime Prevention Council, to assist
local communities in developing Crime Prevention Plans that
reflect statewide strategic goals and objectives, and
performance targets and measures.
(2) Reports.--The State shall provide a report on its
statewide strategic plan to the Attorney General, including
information about--
(A) involvement of relevant State-level agencies to
assist communities in the development and
implementation of their Crime Prevention Plans;
(B) support for local applications for Community
Grants; and
(C) community progress toward reducing crime,
violence, and substance abuse.
(3) Certification.--Beginning in the third year of the
program, States must certify that the local grantee's project
funded under the community grant is generally consistent with
statewide strategic goals and objectives, and performance
targets and measures.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 to carry out this section for the fiscal years
2002 through 2006.
TITLE IV--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
SEC. 4001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER
WITH WITNESSES, VICTIMS, OR INFORMANTS.
(a) In General.--Section 1512 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``as provided in
paragraph (2)'' and inserting ``as provided in
paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Whoever uses physical force or the threat of physical force
against any person, or attempts to do so, with intent to--
``(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
``(ii) alter, destroy, mutilate, or conceal an
object with intent to impair the integrity or
availability of the object for use in an official
proceeding;
``(iii) evade legal process summoning that person
to appear as a witness, or to produce a record,
document, or other object, in an official proceeding;
or
``(iv) be absent from an official proceeding to
which that person has been summoned by legal process;
or
``(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of probation,
supervised release, parole, or release pending judicial
proceedings;
shall be punished as provided in
2000
paragraph (3).''; and
(D) in paragraph (3), as redesignated--
(i) by striking ``and'' at the end of
subparagraph (A); and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) in the case of--
``(i) an attempt to murder; or
``(ii) the use or attempted use of physical force
against any person;
imprisonment for not more than 20 years; and
``(C) in the case of the threat of use of physical force
against any person, imprisonment for not more than 10 years.'';
(2) in subsection (b), by striking ``or physical force'';
and
(3) by adding at the end the following:
``(j) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
(b) Retaliating Against a Witness.--Section 1513 of title 18,
United States Code, is amended by adding at the end the following:
``(e) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
(c) Conforming Amendments.--
(1) Witness tampering.--Section 1512 of title 18, United
States Code, is amended in subsections (b)(3) and (c)(2) by
inserting ``supervised release,'' after ``probation''.
(2) Retaliation against a witness.--Section 1513 of title
18, United States Code, is amended in subsections (a)(1)(B) and
(b)(2) by inserting ``supervised release,'' after
``probation''.
SEC. 4002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH
A FINE AND IMPRISONMENT.
(a) In General.--Title 18 of the United States Code is amended--
(1) in section 401, by inserting ``or both,'' after ``fine
or imprisonment,'';
(2) in section 1705, by inserting ``, or both'' after
``years''; and
(3) in sections 1916, 2234, and 2235, by inserting ``, or
both'' after ``year''.
(b) Imposition by Magistrate.--Section 636 of title 28, United
States Code, is amended--
(1) in subsection (e)(2), by inserting ``, or both,'' after
``fine or imprisonment''; and
(2) in subsection (e)(3), by inserting ``or both,'' after
``fine or imprisonment,''.
SEC. 4003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA
AGREEMENT.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3296. Counts dismissed pursuant to a plea agreement
``(a) In General.--Notwithstanding any other provision of this
chapter, any counts of an indictment or information that are dismissed
pursuant to a plea agreement shall be reinstated by the District Court
if--
``(1) the counts sought to be reinstated were originally
filed within the applicable limitations period;
``(2) the counts were dismissed pursuant to a plea
agreement approved by the District Court under which the
defendant pled guilty to other charges;
``(3) the guilty plea was subsequently vacated on the
motion of the defendant; and
``(4) the United States moves to reinstate the dismissed
counts within 60 days of the date on which the order vacating
the plea becomes final.
``(b) Defenses; Objections.--Nothing in this section shall preclude
the District Court from considering any defense or objection, other
than statute of limitations, to the prosecution of the counts
reinstated under subsection (a).''.
(b) Technical and Conforming Amendment.--Chapter 213 of title 18,
United States Code, is amended in the table of sections by adding at
the end the following new item:
``3296. Counts dismissed pursuant to a plea agreement.''.
SEC. 4004. APPEALS FROM CERTAIN DISMISSALS.
Section 3731 of title 18, United States Code, is amended by
inserting ``, or any part thereof'' after ``as to any one or more
counts''.
SEC. 4005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN
CONTROLLED SUBSTANCE CASES.
(a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of
section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) are amended by striking ``Any sentence'' and inserting
``Notwithstanding section 3583 of title 18, any sentence''.
(b) Penalties for Drug Import and Export.--Section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is
amended--
(1) in paragraphs (1), (2), and (3), by striking ``Any
sentence'' and inserting ``Notwithstanding section 3583 of
title 18, any sentence''; and
(2) in paragraph (4), by inserting ``notwithstanding
section 3583 of title 18,'' before ``in addition to such term
of imprisonment''.
SEC. 4006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR
SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF
IMPRISONMENT IN CERTAIN CASES.
Section 3582(c)(1)(A) of title 18, United States Code, is amended
by inserting ``(and may impose a term of probation or supervised
release with or without conditions that does not exceed the unserved
portion of the original term of imprisonment)'' after ``may reduce the
term of imprisonment''.
SEC. 4007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION
OF SUPERVISED RELEASE.
Subsections (c) and (e) of section 3583 of title 18, United States
Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and
(a)(7)''.
TITLE V--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2001
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Criminal Law Technical Amendments
Act of 2001''.
SEC. 5002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.
(a) Missing and Incorrect Words.--
(1) Correction of garbled sentence.--Section 510(c) of
title 18, United States Code, is amended by striking ``fine of
under this title'' and inserting ``fine under this title''.
(2) Insertion of missing words.--Section 981(d) of title
18, United States Code, is amended by striking ``proceeds from
the sale of this section'' and inserting ``proceeds from the
sale of such property under this section''.
(3) Correction of incorrect word.--Sections 1425 through
1427, 1541 through 1544 and 1546(a) of title 18, United States
Code, are each amended by striking ``to facility'' and
inserting ``to facilitate''.
(4) Correcting erroneous amendatory language on executed
amendment.--Effective on the date of the enactment of Public
Law 103-322, section 60003(a)(13) of such public law is amended
by striking ``$1,000,000 or imprisonment'' and inserting
``$1,000,000 and imprisonment''.
(5) Correction of reference to short title of law.--That
section 2332d(a) of title 18, United States Code, which relates
to financial transactions is amended by inserting ``of 1979''
after ``Export Administration Act''.
(6) Elimination of typo.--Section 1992(b) of title 18,
United States Code, is amended by striking ``term or years''
and inserting ``term of years''.
(7) Spelling correction.--Section 2339A(a) of title 18,
United States Code, is amended by striking ``or an escape'' and
inserting ``of an escape''.
(8) Section 3553.--Section 3553(e) of title 18, United
States Code, is amended by inserting ``a'' before ``minimum''.
(9) Misspelling in section 205.--Section 205(d)(1)(B) of
title 18, United States Code, is amended by striking
``groups's''
2000
and inserting ``group's''.
(10) Conforming change and inserting missing word in
section 709.--The paragraph in section 709 of title 18, United
States Code, that begins with ``A person who'' is amended--
(A) by striking ``A person who'' and inserting
``Whoever''; and
(B) by inserting ``or'' after the semicolon at the
end.
(11) Error in language being stricken.--Effective on the
date of its enactment, section 726(2) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) is
amended--
(A) in subparagraphs (C) and (E), by striking
``section'' the first place it appears; and
(B) in subparagraph (G), by striking ``relating
to'' the first place it appears.
(b) Margins, Punctuation, and Similar Errors.--
(1) Margin error.--Section 1030(c)(2) of title 18, United
States Code, is amended so that the margins of subparagraph (B)
and each of its clauses, are moved 2 ems to the left.
(2) Correcting capitalization in language to be stricken.--
Effective on the date of its enactment, section 607(g)(2) of
the Economic Espionage Act of 1996 is amended by striking
``territory'' and inserting ``Territory''.
(3) Correcting paragraphing.--The material added to section
521(a) of title 18, United States Code, by section 607(q) of
the Economic Espionage Act of 1996 is amended to appear as a
paragraph indented 2 ems from the left margin.
(4) Subsection placement correction.--Section 1513 of title
18, United States Code, is amended by transferring subsection
(d) so that it appears following subsection (c).
(5) Correction to allow for insertion of new subparagraph
and correction of erroneous indentation.--Section 1956(c)(7) of
title 18, United States Code, is amended--
(A) in subparagraph (B)(ii), by moving the margin 2
ems to the right;
(B) by striking ``or'' at the end of subparagraph
(D);
(C) by striking the period at the end of
subparagraph (E) and inserting ``; or''; and
(D) in subparagraph (F)--
(i) by striking ``Any'' and inserting
``any''; and
(ii) by striking the period at the end and
inserting a semicolon.
(6) Correction of confusing subdivision designation.--
Section 1716 of title 18, United States Code, is amended--
(A) in the first undesignated paragraph, by
inserting ``(j)(1)'' before ``Whoever'';
(B) in the second undesignated paragraph--
(i) by striking ``not more than $10,000''
and inserting ``under this title''; and
(ii) by inserting ``(2)'' at the beginning
of that paragraph;
(C) by inserting ``(3)'' at the beginning of the
third undesignated paragraph; and
(D) by redesignating subsection (j) as subsection
(k).
(7) Punctuation correction in section 1091.--Section
1091(b)(1) of title 18, United States Code, is amended by
striking ``subsection (a)(1),'' and inserting ``subsection
(a)(1)''.
(8) Punctuation correction in section 2311.--Section 2311
of title 18, United States Code, is amended by striking the
period after ``carcasses thereof'' the second place that term
appears and inserting a semicolon.
(9) Syntax correction.--Section 115(b)(2) of title 18,
United States Code, is amended by striking ``, attempted
kidnapping, or conspiracy to kidnap of a person'' and inserting
``or attempted kidnapping of, or a conspiracy to kidnap, a
person''.
(10) Correcting capitalization in section 982.--Section
982(a)(8) of title 18, United States Code, is amended by
striking ``Court'' and inserting ``court''.
(11) Punctuation corrections in section 1029.--Section 1029
of title 18, United States Code, is amended--
(A) in subsection (c)(1)(A)(ii), by striking
``(9),'' and inserting ``(9)''; and
(B) in subsection (e), by adding a semicolon at the
end of paragraph (8).
(12) Corrections of connectors and punctuation in section
1030.--Section 1030 of title 18, United States Code, is
amended--
(A) by inserting ``and'' at the end of subsection
(c)(2)(B)(iii); and
(B) by striking the period at the end of subsection
(e)(4)(I) and inserting a semicolon.
(13) Correction of punctuation in section 1032.--Section
1032(1) of title 18, United States Code, is amended by striking
``13,'' and inserting ``13''.
(14) Correction of punctuation in section 1345.--Section
1345(a)(1) of title 18, United States Code, is amended--
(A) in subparagraph (B), by striking ``, or'' and
inserting ``; or''; and
(B) in subparagraph (C), by striking the period and
inserting a semicolon.
(15) Correction of punctuation in section 3612.--Section
3612(f)(2)(B) of title 18, United States Code, is amended by
striking ``preceding.'' and inserting ``preceding''.
(16) Correction of indentation in controlled substances
act.--Section 402(c)(2) of the Controlled Substances Act (21
U.S.C. 842(c)(2)) is amended by moving the margin of
subparagraph (C) 2 ems to the left.
(c) Elimination of Redundancies.--
(1) Elimination of duplicate amendments.--Effective on the
date of its enactment, paragraphs (1), (2), and (4) of section
601(b), paragraph (2) of section 601(d), paragraph (2) of
section 601(f), paragraphs (1) and (2)(A) of section 601(j),
paragraphs (1) and (2) of section 601(k), subsection (d) of
section 602, paragraph (4) of section 604(b), subsection (r) of
section 605, and paragraph (2) of section 607(j) of the
Economic Espionage Act of 1996 are repealed.
(2) Elimination of extra comma.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended--
(A) by striking ``Code,,'' and inserting ``Code,'';
and
(B) by striking ``services),,'' and inserting
``services),''.
(3) Repeal of section granting duplicative authority.--
(A) Section 3503 of title 18, United States Code,
is repealed.
(B) The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended
by striking the item relating to section 3503.
(4) Elimination of outmoded reference to parole.--Section
929(b) of title 18, United States Code, is amended by striking
the last sentence.
(d) Correction of Outmoded Fine Amounts.--
(1) In title 18, united states code.--
(A) In section 492.--Section 492 of title 18,
United States Code, is amended by striking ``not more
than $100'' and inserting ``under this title''.
(B) In section 665.--Section 665(c) of title 18,
United States Code, is amended by striking ``a fine of
not more than $5,000'' and inserting ``a fine under
this title''.
(C) In sections 1924, 2075, 2113(b), and 2236.--
2000
(i) Section 1924(a) of title 18, United
States Code, is amended by striking ``not more
than $1,000,'' and inserting ``under this
title''.
(ii) Sections 2075 and 2113(b) of title 18,
United States Code, are each amended by
striking ``not more than $1,000'' and inserting
``under this title''.
(iii) Section 2236 of title 18, United
States Code, is amended by inserting ``under
this title'' after ``warrant, shall be fined'',
and by striking ``not more than $1,000''.
(D) In section 372 and 752.--Sections 372 and
752(a) of title 18, United States Code, are each
amended by striking ``not more than $5,000'' and
inserting ``under this title''.
(E) In section 924(e)(1).--Section 924(e)(1) of
title 18, United States Code, is amended by striking
``not more than $25,000'' and inserting ``under this
title''.
(2) In the controlled substances act.--
(A) In section 401.--Section 401(d) of the
Controlled Substances Act (21 U.S.C. 841(d)) is
amended--
(i) in paragraph (1), by striking ``and
shall be fined not more than $10,000'' and
inserting ``or fined under title 18, United
States Code, or both''; and
(ii) in paragraph (2), by striking ``and
shall be fined not more than $20,000'' and
inserting ``or fined under title 18, United
States Code, or both''.
(B) In section 402.--Section 402(c)(2) of the
Controlled Substances Act (21 U.S.C. 842(c)) is
amended--
(i) in subparagraph (A), by striking ``of
not more than $25,000'' and inserting ``under
title 18, United States Code''; and
(ii) in subparagraph (B), by striking ``of
$50,000'' and inserting ``under title 18,
United States Code''.
(C) In section 403.--Section 403(d) of the
Controlled Substances Act (21 U.S.C. 843(d)) is
amended--
(i) by striking ``of not more than
$30,000'' each place that term appears and
inserting ``under title 18, United States
Code''; and
(ii) by striking ``of not more than
$60,000'' each place it appears and inserting
``under title 18, United States Code''.
(e) Cross Reference Corrections.--
(1) Section 3664.--Section 3664(o)(1)(C) of title 18,
United States Code, is amended by striking ``section
3664(d)(3)'' and inserting ``subsection (d)(5)''.
(2) Chapter 228.--Section 3592(c)(1) of title 18, United
States Code, is amended by striking ``section 36'' and
inserting ``section 37''.
(3) Correcting erroneous cross reference in controlled
substances act.--Section 511(a)(10) of the Controlled
Substances Act (21 U.S.C. 881(a)(10)) is amended by striking
``1822 of the Mail Order Drug Paraphernalia Control Act'' and
inserting ``422''.
(4) Correction to reflect cross reference change made by
other law.--Effective on the date of its enactment, section
601(c)(3) of the Economic Espionage Act of 1996 is amended by
striking ``247(d)'' and inserting ``247(e)''.
(5) Typographical and typeface error in table of
chapters.--The item relating to chapter 123 in the table of
chapters at the beginning of part I of title 18, United States
Code, is amended--
(A) by striking ``2271'' and inserting ``2721'';
and
(B) so that the item appears in bold face type.
(6) Section 4104.--Section 4104(d) of title 18, United
States Code, is amended by striking ``section 3653 of this
title and rule 32(f) of'' and inserting ``section 3565 of this
title and the applicable provisions of''.
(7) Error in amendatory language.--Effective on the date of
its enactment, section 583 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998 (111
Stat. 2436) is amended by striking ``Section 2401'' and
inserting ``Section 2441''.
(8) Error in cross reference to court rules.--The first
sentence of section 3593(c) of title 18, United States Code, is
amended by striking ``rule 32(c)'' and inserting ``rule 32''.
(9) Section 1836.--Section 1836 of title 18, United States
Code, is amended--
(A) in subsection (a), by striking ``this section''
and inserting ``this chapter''; and
(B) in subsection (b), by striking ``this
subsection'' and inserting ``this section''.
(10) Correction of erroneous cite in chapter 119.--Section
2510(10) of title 18, United States Code, is amended by
striking ``shall have'' and all that follows through ``United
States Code;'' and inserting ``has the meaning given that term
in section 3 of the Communications Act of 1934;''.
(11) Elimination of outmoded cite in section 2339a.--
Section 2339A(a) of title 18, United States Code, is amended by
striking ``2332c,''.
(12) Correction of references in amendatory language.--
Effective the date of its enactment, section 115(a)(8)(B) of
Public Law 105-119 is amended--
(A) in clause (i)--
(i) by striking ``at the end of'' and
inserting ``following''; and
(ii) by striking ``paragraph'' the second
place it appears and inserting ``subsection'';
and
(B) in clause (ii), by striking ``subparagraph
(A)'' and inserting ``clause (i)''.
(f) Tables of Sections Corrections.--
(1) Conforming table of sections to heading of section.--
The item relating to section 1837 in the table of sections at
the beginning of chapter 90 of title 18, United States Code, is
amended by striking ``Conduct'' and inserting ``Applicability
to conduct''.
(2) Conforming heading to table of sections entry.--The
heading of section 1920 of title 18, United States Code, is
amended by striking ``employee's'' and inserting
``employees'''.
SEC. 5003. ADDITIONAL TECHNICALS.
Title 18, United States Code, is amended--
(1) in section 922(t)(1)(C), by striking ``1028(d)(1)'' and
inserting ``1028(d)'';
(2) in section 1005--
(A) in the first undesignated paragraph, by
striking ``Act,,'' and inserting ``Act,''; and
(B) by inserting ``or'' at the end of the third
undesignated paragraph;
(3) in section 1071, by striking ``fine of under this
title'' and inserting ``fine under this title'';
(4) in section 1368(a), by inserting ``to'' after ``serious
bodily injury'';
(5) in subsections (b)(1) and (c) of section 2252A, by
striking ``paragraphs'' and inserting ``paragraph''; and
(6) in section 2254(a)(3), by striking the comma before the
period at the
2000
end.
SEC. 5004. REPEAL OF OUTMODED PROVISIONS.
(a) Section 14 of title 18, United States Code, and the item
relating thereto in the table of sections at the beginning of chapter 1
of title 18, United States Code, are repealed.
(b) Section 1261 of such title is amended--
(1) by striking ``(a) The Secretary'' and inserting ``The
Secretary''; and
(2) by striking subsection (b).
(c) Section 1821 of such title is amended by striking ``, the Canal
Zone''.
(d) Section 3183 of such title is amended by striking ``or the
Panama Canal Zone,''.
(e) Section 3241 of such title is amended by striking ``United
States District Court for the Canal Zone and the''.
SEC. 5005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56.
(a) Margin Corrections.--
(1) Section 2516(1) of title 18, United States Code, is
amended by moving the left margin for subsection (q) 2 ems to
the right.
(2) Section 2703(c)(1) of title 18, United States Code, is
amended by moving the left margin of subparagraph (E) 2 ems to
the left.
(3) Section 1030(a)(5) of title 18, United States Code, is
amended by moving the left margin of subparagraph (B) 2 ems to
the left.
(b) Correction of Wrongly Worded Clerical Amendment.--Effective on
the date of its enactment, section 223(c)(2) of Public Law 107-56 is
amended to read as follows:
``(2) The table of sections at the beginning of chapter 121 of
title 18, United States Code, is amended by adding at the end the
following new item:
``2712. Civil actions against the United States.''.
(c) Correction of Erroneous Placement of Amendment Language.--
Effective on the date of its enactment, section 225 of Public Law 107-
56 is amended--
(1) by striking ``after subsection (g)'' and inserting
``after subsection (h)''; and
(2) by redesignating the subsection added to section 105 of
section 105 of the he Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) as subsection (i).
(d) Punctuation Corrections.--
(1) Section 1956(c)(6)(B) of title 18, United States Code,
is amended by striking the period and inserting a semicolon.
(2) Effective on the date of its enactment, section 803(a)
of Public Law 107-56 is amended by striking the close quotation
mark and period that follows at the end of subsection (a) in
the matter proposed to be inserted in title 18, United States
Code, as a new section 2339.
(3) Section 1030(c)(3)(B) of title 18, United States Code,
is amended by inserting a comma after ``(a)(4)''.
(e) Elimination of Duplicate Amendment.--Effective on the date of
its enactment, section 805 of Public Law 107-56 is amended by striking
subsection (b).
(f) Correction of Unexecutable Amendments.--
(1) Effective on the date of its enactment, section 813(2)
of Public Law 107-56 is amended by striking ``semicolon'' and
inserting ``period''.
(2) Effective on the date of its enactment, section 815 of
Public Law 107-56 is amended by inserting ``a'' before
``statutory authorization''.
(g) Correction of Heading Style.--The heading for section 175b of
title 18, United States Code, is amended to read as follows:
``Sec. 175b. Possession by restricted persons''.
TITLE VI--UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL
ATTORNEYS
SEC. 6001. UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL
ATTORNEYS.
Section 530B(a) of title 28, United States Code, is amended by
inserting after the first sentence the following: ``Notwithstanding any
provision of State law, including rules of professional conduct for
attorneys, an attorney for the Government may, for the purpose of
investigating terrorism, provide legal advice and supervision on
conducting undercover activities, even though such activities may
require the use of deceit or misrepresentation, where such activities
are consistent with Federal law.''.
TITLE VII--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
SEC. 7001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) State Applications.--Section 503(a)(13)(A)(iii) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)(13)(A)(iii)) is amended by striking ``or the National
Association of Medical Examiners,'' and inserting ``, the National
Association of Medical Examiners, or any other nonprofit, professional
organization that may be recognized within the forensic science
community as competent to award such accreditation,''.
(b) Forensic Sciences Improvement Grants.--Part BB of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797j
et seq.) is amended--
(1) in section 2801, by inserting after ``States'' the
following: `` and units of local government'';
(2) in section 2802--
(A) in the matter before paragraph (1), by
inserting ``or unit of local government'' after
``State'';
(B) in paragraph (1), to read as follows:
``(1) a certification that the State or unit of local
government has developed a plan for forensic science
laboratories under a program described in section 2804(a), and
a specific description of the manner in which the grant will be
used to carry out that plan;'';
(C) in paragraph (2), by inserting ``or appropriate
certifying bodies'' before the semicolon; and
(D) in paragraph (3), by inserting ``for a State or
local plan'' after ``program'';
(3) in section 2803(a)(2), by striking ``to States with''
and all that follows through the period and inserting ``for
competitive awards to States and units of local government. In
making awards under this part, the Attorney General shall
consider the average annual number of part 1 violent crimes
reported by each State to the Federal Bureau of Investigation
for the 3 most recent calendar years for which data is
available and consider the existing resources and current needs
of the potential grant recipient.'';
(4) in section 2804--
(A) in subsection (a), by inserting ``or unit of
local government'' after ``A State''; and
(B) in subsection (c)(1), by inserting ``(including
grants received by units of local government within a
State)'' after ``under this part''; and
(5) in section 2806(a)--
(A) in the matter before paragraph (1), by
inserting ``or unit of local government'' after ``each
State''; and
(B) in paragraph (1), by inserting before the
semicolon the following: ``, which shall include a
comparison of pre-grant and post-grant forensic science
capabilities''
(C) in paragraph (2), by striking ``and'' at the
end;
(D) by redesignating paragraph (3) as paragraph
(4); and
(E) by inserting after paragraph (2) the following:
``(3) an identification of the number and type of cases
currently accepted by the laboratory; and''.
SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2002 through 2007--
(1) $30,000,000 for the Center for Domestic Preparedness of
the Department of Justice in Anniston, Alabama;
(2) $7,000,000, or such sums as may be necessary, for the
Texas Engineering Extension Service of Texas A&M University;
(3) $7,000,000, or such sums as may be necessary, for the
Energetic
2000
Materials Research and Test Center of the New Mexico
Institute of Mining and Technology;
(4) $7,000,000, or such sums as may be necessary, for the
Academy of Counterterrorist Education at Louisiana State
University; and
(5) $7,000,000, or such sums as may be necessary, for the
National Exercise, Test, and Training Center of the Department
of Energy, located at the Nevada test site.
TITLE VIII--ECSTASY PREVENTION ACT OF 2001
SEC. 8001. SHORT TITLE.
This title may be cited as the ``Ecstasy Prevention Act of 2001''.
SEC. 8002. GRANTS FOR ECSTASY ABUSE PREVENTION.
Section 506B(c) of title V of the Public Health Service Act is
amended by adding at the end the following:
``(3) Effective programs.--
``(A) In general.--In addition to the priority
under paragraph (2), the Administrator shall give
priority to communities that have taken measures to
combat club drug use, including passing ordinances
restricting rave clubs, increasing law enforcement on
Ecstasy, and seizing lands under nuisance abatement
laws to make new restrictions on an establishment's
use.
``(B) State priority.--A priority grant may be made
to a State under this paragraph on a pass-through basis
to an eligible community.''.
SEC. 8003. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY
DRUG TRAFFICKING AREAS.
(a) Program.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall use amounts available under this
section to combat the trafficking of MDMA in areas designated
by the Director as high intensity drug trafficking areas.
(2) Activities.--In meeting the requirement in paragraph
(1), the Director shall transfer funds to assist anti-Ecstasy
law enforcement initiatives in high intensity drug trafficking
areas, including assistance for investigative costs,
intelligence enhancements, technology improvements, and
training.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section such sums as are necessary for fiscal
years 2002 through 2005.
(2) No supplanting.--Any Federal funds received under this
section shall be used to supplement, not supplant, non-Federal
funds that would otherwise be used to carry out activities
funded under this section.
(c) Apportionment of Funds.--The Director shall apportion amounts
appropriated for a fiscal year pursuant to the authorization of
appropriations in subsection (b) for activities under subsection (a)
among and within areas designated by the Director and based on the
threat assessments submitted by individual high intensity drug
trafficking areas.
SEC. 8004. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--In conducting the national media campaign under
section 102 of the Drug-Free Media Campaign Act of 1998, the Director
of the Office of National Drug Control Policy shall ensure that such
campaign addresses the reduction and prevention of abuse of MDMA and
club and emerging drugs among young people in the United States.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal years 2002 through 2005.
SEC. 8005. MDMA DRUG TEST.
There are authorized to be appropriated to the Office of National
Drug Control Policy such sums as are necessary to commission a drug
test for MDMA which would meet the standards for the Federal Workplace.
SEC. 8006. NATIONAL INSTITUTE ON DRUG ABUSE REPORT.
(a) Research.--The Director of the National Institute on Drug Abuse
(referred to in this section as the ``Director'') shall conduct
research--
(1) that evaluates the effects that MDMA use can have on an
individual's health, such as--
(A) physiological effects such as changes in
ability to regulate one's body temperature, stimulation
of the cardiovascular system, muscle tension, teeth
clenching, nausea, blurred vision, rapid eye movement,
tremors, and other such conditions, some of which can
result in heart failure or heat stroke;
(B) psychological effects such as mood and mind
altering and panic attacks which may come from altering
various neurotransmitter levels such as serotonin in
the brain;
(C) short-term effects like confusion, depression,
sleep problems, severe anxiety, paranoia,
hallucinations, and amnesia; and
(D) long-term effects on the brain with regard to
memory and other cognitive functions, and other medical
consequences; and
(2) documenting those research findings and conclusions
with respect to MDMA that are scientifically valid and identify
the medical consequences on an individual's health.
(b) Final Report.--Not later than January 1, 2003, the Director
shall submit a report to the Congress.
(c) Report Public.--The report required by this section shall be
made public.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 8007. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE.
(a) Establishment.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall establish a Task Force on Ecstasy/
MDMA and Emerging Club Drugs (referred to in this section as
the ``task force'') which shall--
(A) design, implement, and evaluate the education,
prevention, and treatment practices and strategies of
the Federal Government with respect to Ecstasy, MDMA,
and emerging club drugs; and
(B) specifically study the club drug problem and
report its findings to Congress.
(2) Membership.--The task force shall--
(A) be under the jurisdiction of the Director of
the Office of National Drug Control Policy, who shall
designate a chairperson; and
(B) include as members law enforcement, substance
abuse prevention, judicial, and public health
professionals as well as representatives from Federal,
State, and local agencies.
(b) Responsibilities.--The responsibilities of the task force shall
be--
(1) to evaluate the current practices and strategies of the
Federal Government in education, prevention, and treatment for
Ecstasy, MDMA, and other emerging club drugs and recommend
appropriate and beneficial models for education, prevention,
and treatment;
(2) to identify appropriate government components and
resources to implement task force recommendations; and
(3) to make recommendations to the President and Congress
to implement proposed improvements in accordance with the
National Drug Control Strategy and its budget allocations.
(c) Meetings.--The task force shall meet at least once every 6
months.
(d) Termination.--The task force shall terminate 3 years after the
date of enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Attest:
Secretary.
107th CONGRESS
1st Session
H. R. 2215
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43
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AMENDMENT
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