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<PRE>[DOCID: f:s16is.txt]
107th CONGRESS
  1st Session
                                 S. 16

To improve law enforcement, crime prevention, and victim assistance in 
                           the 21st century.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

   Mr. Daschle (for himself, Mr. Leahy, Mr. Biden, Mr. Schumer, Mr. 
    Durbin, Mrs. Boxer, Mr. Breaux, Mrs. Clinton, Mr. Corzine, Mr. 
   Rockefeller, Mr. Levin, Mr. Johnson, Mr. Kerry, and Mr. Kennedy) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve law enforcement, crime prevention, and victim assistance in 
                           the 21st century.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century Law 
Enforcement, Crime Prevention, and Victims Assistance Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
TITLE I--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION OF 
                                JUSTICE

              Subtitle A--Support for Community Personnel

Sec. 1101. 21st Century Community Policing Initiative.
   Subtitle B--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

Sec. 1201. Expansion of protection of Federal officers and employees 
                            from murder due to their status.
Sec. 1202. Assaulting, resisting, or impeding certain officers or 
                            employees.
Sec. 1203. Influencing, impeding, or retaliating against a Federal 
                            official by threatening a family member.
Sec. 1204. Mailing threatening communications.
Sec. 1205. Amendment of the sentencing guidelines for assaults and 
                            threats against Federal judges and certain 
                            other Federal officials and employees.
Sec. 1206. Killing persons aiding Federal investigations or State 
                            correctional officers.
Sec. 1207. Killing State correctional officers.
Sec. 1208. Establishment of protective function privilege.
   Subtitle C--Disarming Felons and Protecting Children From Violence

                   Part 1--Extension of Project Exile

Sec. 1311. Authorization of funding for additional State and local gun 
                            prosecutors.
Sec. 1312. Authorization of funding for additional Federal firearms 
                            prosecutors and gun enforcement teams.
    Part 2--Expansion of the Youth Crime Gun Interdiction Initiative

Sec. 1321. Youth Crime Gun Interdiction Initiative.
                          Part 3--Gun Offenses

Sec. 1331. Gun ban for dangerous juvenile offenders.
Sec. 1332. Improving firearms safety.
Sec. 1333. Juvenile handgun safety.
Sec. 1334. Serious juvenile drug offenses as armed career criminal 
                            predicates.
Sec. 1335. Increased penalty for transferring a firearm to a minor for 
                            use in crime of violence or drug 
                            trafficking crime.
Sec. 1336. Increased penalty for firearms conspiracy.
                 Part 4--Closing the Gun Show Loophole

Sec. 1341. Extension of Brady background checks to gun shows.
Subtitle D--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

Sec. 1401. Juvenile and violent offender incarceration grants.
Sec. 1402. Certain punishment and graduated sanctions for youth 
                            offenders.
Sec. 1403. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 1404. Reimbursement of States for costs of incarcerating juvenile 
                            alien offenders.
     Subtitle E--Ballistics, Law Assistance, and Safety Technology

Sec. 1501. Short title.
Sec. 1502. Purposes.
Sec. 1503. Definition of ballistics.
Sec. 1504. Test firing and automated storage of ballistics records.
Sec. 1505. Privacy rights of law abiding citizens.
Sec. 1506. Demonstration firearm crime reduction strategy.
           Subtitle F--Offender Reentry and Community Safety

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purposes.
             Part 1--Federal Reentry Demonstration Projects

Sec. 1611. Federal reentry center demonstration.
Sec. 1612. Federal high-risk offender reentry demonstration.
Sec. 1613. District of Columbia Intensive Supervision, Tracking, and 
                            Reentry Training (DC iSTART) Demonstration.
Sec. 1614. Federal Intensive Supervision, Tracking, and Reentry 
                            Training (FED iSTART) Demonstration.
Sec. 1615. Federal enhanced in-prison vocational assessment and 
                            training and demonstration.
Sec. 1616. Research and reports to Congress.
Sec. 1617. Definitions.
Sec. 1618. Authorization of appropriations.
                  Part 2--State Reentry Grant Programs

Sec. 1621. Amendments to the Omnibus Crime Control and Safe Streets Act 
                            of 1968.
           TITLE II--STRENGTHENING THE FEDERAL CRIMINAL LAWS

                  Subtitle A--Combating Gang Violence

         Part 1--Enhanced Penalties for Gang-related Activities

Sec. 2101. Gang franchising.
Sec. 2102. Enhanced penalty for use or recruitment of minors in gangs.
Sec. 2103. Gang franchising as a RICO predicate.
Sec. 2104. Increase in offense level for participation in crime as gang 
                            member.
Sec. 2105. Enhanced penalty for discharge of firearms in relation to 
                            counts of violence or drug trafficking 
                            crimes.
Sec. 2106. Punishment of arson or bombing at facilities receiving 
                            Federal financial assistance.
Sec. 2107. Elimination of statute of limitations for murder.
Sec. 2108. Extension of statute of limitations for violent and drug 
                            trafficking crimes.
Sec. 2109. Increased penalties under the RICO law for gang and violent 
                            crimes.
Sec. 2110. Increased penalty and broadened scope of statute against 
                            violent crimes in aid of racketeering.
Sec. 2111. Facilitating the prosecution of carjacking offenses.
Sec. 2112. Facilitation of RICO prosecutions.
Sec. 2113. Assault as a RICO predicate.
Sec. 2114. Expansion of definition of ``racketeering activity'' to 
                            affect gangs in Indian country.
Sec. 2115. Increased penalties for violence in the course of riot 
                            offenses.
Sec. 2116. Expansion of Federal jurisdiction over crimes occurring in 
                            private penal facilities housing Federal 
                            prisoners or prisoners from other States.
              Part 2--Targeting Gang-related Gun Offenses

Sec. 2121. Transfer of firearm to commit a crime of violence.
Sec. 2122. Increased penalty for knowingly receiving firearm with 
                            obliterated serial number.
Sec. 2123. Amendment of the sentencing guidelines for transfers of 
                            firearms to prohibited persons.
  Part 3--Using and Protecting Witnesses to Help Prosecute Gangs and 
                        Other Violent Criminals

Sec. 2131. Interstate travel to engage in witness intimidation or 
                            obstruction of justice.
Sec. 2132. Expanding pretrial detention eligibility for serious gang 
                            and other violent criminals.
Sec. 2133. Conspiracy penalty for obstruction of justice offenses 
                            involving victims, witnesses, and 
               
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             informants.
Sec. 2134. Allowing a reduction of sentence for providing useful 
                            investigative information although not 
                            regarding a particular individual.
Sec. 2135. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
Sec. 2136. Expansion of Federal kidnapping offense to cover when death 
                            of victim occurs before crossing State line 
                            and when facility in interstate commerce or 
                            the mails are used.
Sec. 2137. Assaults or other crimes of violence for hire.
Sec. 2138. Clarification of interstate threat statute to cover threats 
                            to kill.
Sec. 2139. Conforming amendment to law punishing obstruction of justice 
                            by notification of existence of a subpoena 
                            for records in certain types of 
                            investigations.
                       Part 4--Gang Paraphernalia

Sec. 2141. Streamlining procedures for law enforcement access to clone 
                            numeric pagers.
Sec. 2142. Sentencing enhancement for using body armor in commission of 
                            a felony.
Sec. 2143. Sentencing enhancement for using laser sighting devices in 
                            commission of a felony.
Sec. 2144. Government access to location information.
Sec. 2145. Limitation on obtaining transactional information from pen 
                            registers or trap and trace devices.
                 Subtitle B--Combating Money Laundering

Sec. 2201. Short title.
Sec. 2202. Illegal money transmitting businesses.
Sec. 2203. Restraint of assets of persons arrested abroad.
Sec. 2204. Civil money laundering jurisdiction over foreign persons.
Sec. 2205. Punishment of laundering money through foreign banks.
Sec. 2206. Addition of serious foreign crimes to list of money 
                            laundering predicates.
Sec. 2207. Criminal forfeiture for money laundering conspiracies.
Sec. 2208. Fungible property in foreign bank accounts.
Sec. 2209. Admissibility of foreign business records.
Sec. 2210. Charging money laundering as a course of conduct.
Sec. 2211. Venue in money laundering cases.
Sec. 2212. Technical amendment to restore wiretap authority for certain 
                            money laundering offenses.
Sec. 2213. Criminal penalties for violations of anti-money laundering 
                            orders.
Sec. 2214. Encouraging financial institutions to notify law enforcement 
                            authorities of suspicious financial 
                            transactions.
Sec. 2215. Coverage of foreign bank branches in the territories.
Sec. 2216. Conforming statute of limitations amendment for certain bank 
                            fraud offenses.
Sec. 2217. Jurisdiction over certain financial crimes committed abroad.
Sec. 2218. Knowledge that the property is the proceeds of a felony.
Sec. 2219. Money laundering transactions; commingled accounts.
Sec. 2220. Laundering the proceeds of terrorism.
Sec. 2221. Violations of section 6050i.
Sec. 2222. Including agencies of tribal governments in the definition 
                            of a financial institution.
Sec. 2223. Penalties for violations of geographic targeting orders and 
                            certain recordkeeping requirements.
                    Subtitle C--Antidrug Provisions

Sec. 2301. Amendments concerning temporary emergency scheduling.
Sec. 2302. Amendment to reporting requirement for transactions 
                            involving certain listed chemicals.
Sec. 2303. Drug paraphernalia.
Sec. 2304. Counterfeit substances/imitation controlled substances.
Sec. 2305. Conforming amendment concerning marijuana plants.
Sec. 2306. Serious juvenile drug trafficking offenses as armed career 
                            criminal act predicates.
Sec. 2307. Increased penalties for using Federal property to grow or 
                            manufacture controlled substances.
Sec. 2308. Clarification of length of supervised release terms in 
                            controlled substance cases.
Sec. 2309. Supervised release period after conviction for continuing 
                            criminal enterprise.
Sec. 2310. Technical correction to ensure compliance of sentencing 
                            guidelines with provisions of all Federal 
                            statutes.
Sec. 2311. Import and export of chemicals used to produce illicit 
                            drugs.
                   Subtitle D--Deterring Cargo Theft

Sec. 2351. Punishment of cargo theft.
Sec. 2352. Reports to Congress on cargo theft.
Sec. 2353. Establishment of Advisory Committee on Cargo Theft.
Sec. 2354. Addition of attempted theft and counterfeiting offenses to 
                            eliminate gaps and inconsistencies in 
                            coverage.
Sec. 2355. Clarification of scienter requirement for receiving property 
                            stolen from an Indian tribal organization.
Sec. 2356. Larceny involving post office boxes and postal stamp vending 
                            machines.
Sec. 2357. Expansion of Federal theft offenses to cover theft of 
                            vessels.
            Subtitle E--Improvements to Federal Criminal Law

                    Part 1--Sentencing Improvements

Sec. 2411. Application of sentencing guidelines to all pertinent 
                            statutes.
Sec. 2412. Doubling maximum penalty for voluntary manslaughter.
Sec. 2413. Authorization of imposition of both a fine and imprisonment 
                            rather than only either penalty in certain 
                            offenses.
Sec. 2414. Addition of supervised release violation as predicates for 
                            certain offenses.
Sec. 2415. Authority of court to impose a sentence of probation or 
                            supervised release when reducing a sentence 
                            of imprisonment in certain cases.
Sec. 2416. Elimination of proof of value requirement for felony theft 
                            or conversion of grand jury material.
Sec. 2417. Increased maximum corporate penalty for antitrust 
                            violations.
Sec. 2418. Amendment of Federal sentencing guidelines for counterfeit 
                            bearer obligations of the United States.
        Part 2--Additional Improvements to Federal Criminal Law

Sec. 2421. Violence directed at dwellings in Indian country.
Sec. 2422. Corrections to Amber Hagerman Child Protection Act.
Sec. 2423. Elimination of ``bodily harm'' element in assault with a 
                            dangerous weapon offense.
Sec. 2424. Appeals from certain dismissals.
Sec. 2425. Authority for injunction against disposal of ill-gotten 
                            gains from violations of fraud statutes.
Sec. 2426. Expansion of interstate travel fraud statute to cover 
                            interstate travel by perpetrator.
Sec. 2427. Clarification of scope of unauthorized selling of military 
                            medals or decorations.
Sec. 2428. Amendment to section 669 to conform to Public Law 104-294.
Sec. 2429. Expansion of jurisdiction over child buying and selling 
                            offenses.
Sec. 2430. Limits on disclosure of wiretap orders.
Sec. 2431. Prison credit and aging prisoner reform.
Sec. 2432. Miranda reaffirmation.
    TITLE III--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

Sec. 3101. Short title.
                         Part 1--Victim Rights

Sec. 3111. Right to notice and to be heard concerning detention.
Sec. 3112. Right to a speedy trial.
Sec. 3113. Right to notice and to be heard concerning plea.
Sec. 3114. Enhanced participatory rights at trial.
Sec. 3115. Right to notice and to be heard concerning sentence.
Sec. 3116. Right to notice and to be heard concerning sentence 
           
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                 adjustment.
Sec. 3117. Right to notice of release or escape.
Sec. 3118. Right to notice and to be heard concerning executive 
                            clemency.
Sec. 3119. Remedies for noncompliance.
                 Part 2--Victim Assistance Initiatives

Sec. 3121. Pilot programs to establish ombudsman programs for crime 
                            victims.
Sec. 3122. Amendments to Victims of Crime Act of 1984.
Sec. 3123. Increased training for law enforcement officers and court 
                            personnel to respond to the needs of crime 
                            victims.
Sec. 3124. Increased resources to develop State-of-the-art systems for 
                            notifying crime victims of important dates 
                            and developments.
       Part 3--Victim-offender Programs: ``Restorative Justice''

Sec. 3131. Pilot program and study on effectiveness of restorative 
                            justice approach on behalf of victims of 
                            crime.
          Subtitle B--Violence Against Women Act Enhancements

Sec. 3201. Shelter services for battered women and children.
Sec. 3202. Transitional housing assistance for victims of domestic 
                            violence.
Sec. 3203. Family unity demonstration project.
                       Subtitle C--Senior Safety

Sec. 3301. Short title.
Sec. 3302. Findings and purposes.
Sec. 3303. Definitions.
                Part 1--Combating Crimes Against Seniors

Sec. 3311. Enhanced sentencing penalties based on age of victim.
Sec. 3312. Study and report on health care fraud sentences.
Sec. 3313. Increased penalties for fraud resulting in serious injury or 
                            death.
Sec. 3314. Safeguarding pension plans from fraud and theft.
Sec. 3315. Additional civil penalties for defrauding pension plans.
Sec. 3316. Punishing bribery and graft in connection with employee 
                            benefit plans.
                 Part 2--Preventing Telemarketing Fraud

Sec. 3321. Centralized complaint and consumer education service for 
                            victims of telemarketing fraud.
Sec. 3322. Blocking of telemarketing scams.
                  Part 3--Preventing Health Care Fraud

Sec. 3331. Injunctive authority relating to false claims and illegal 
                            kickback schemes involving Federal health 
                            care programs.
Sec. 3332. Authorized investigative demand procedures.
Sec. 3333. Extending antifraud safeguards to the Federal employee 
                            health benefits program.
Sec. 3334. Grand jury disclosure.
Sec. 3335. Increasing the effectiveness of civil investigative demands 
                            in false claims investigations.
         Part 4--Protecting the Rights of Elderly Crime Victims

Sec. 3341. Use of forfeited funds to pay restitution to crime victims 
                            and regulatory agencies.
Sec. 3342. Victim restitution.
Sec. 3343. Bankruptcy proceedings not used to shield illegal gains from 
                            false claims.
Sec. 3344. Forfeiture for retirement offenses.
             Subtitle D--Violent Crime Reduction Trust Fund

Sec. 3401. Extension of violent crime reduction trust fund.
           TITLE IV--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

  Subtitle A--Drug Courts, Drug Treatment, and Alternative Sentencing

                    Part 1--Expansion of Drug Courts

Sec. 4111. Reauthorization of drug courts program.
Sec. 4112. Juvenile drug courts.
                  Part 2--Zero Tolerance Drug Testing

Sec. 4121. Grant authority.
Sec. 4122. Administration.
Sec. 4123. Applications.
Sec. 4124. Federal share.
Sec. 4125. Geographic distribution.
Sec. 4126. Technical assistance, training, and evaluation.
Sec. 4127. Authorization of appropriations.
Sec. 4128. Permanent set-aside for research and evaluation.
Sec. 4129. Additional requirements for the use of funds under the 
                            violent offender incarceration and truth-
                            in-sentencing grant programs.
                         Part 3--Drug Treatment

Sec. 4131. Drug treatment alternative to prison programs administered 
                            by State or local prosecutors.
Sec. 4132. Substance abuse treatment in Federal prisons 
                            reauthorization.
Sec. 4133. Residential substance abuse treatment for State prisoners 
                            reauthorization
Sec. 4134. Drug treatment for juveniles.
            Part 4--Funding for Drug Free Community Programs

Sec. 4141. Extension of safe and drug-free schools and communities 
                            program.
Sec. 4142. Say No to Drugs community centers.
Sec. 4143. Drug education and prevention relating to youth gangs.
Sec. 4144. Drug education and prevention program for runaway and 
                            homeless youth.
         Subtitle B--Youth Crime Prevention and Juvenile Courts

                 Part 1--Grants to Youth Organizations

Sec. 4211. Grant program.
Sec. 4212. Grants to national organizations.
Sec. 4213. Grants to States.
Sec. 4214. Allocation; grant limitation.
Sec. 4215. Report and evaluation.
Sec. 4216. Authorization of appropriations.
Sec. 4217. Grants to public and private agencies.
   Part 2--Reauthorization of Incentive Grants for Local Delinquency 
                          Prevention Programs

Sec. 4221. Incentive grants for local delinquency prevention programs.
Sec. 4222. Research, evaluation, and training.
                           Part 3--Jump Ahead

Sec. 4231. Short title.
Sec. 4232. Findings.
Sec. 4233. Juvenile mentoring grants.
Sec. 4234. Implementation and evaluation grants.
Sec. 4235. Evaluations; reports.
                       Part 4--Truancy Prevention

Sec. 4241. Short title.
Sec. 4242. Findings.
Sec. 4243. Grants.
     Part 5--Juvenile Crime Control and Delinquency Prevention Act

Sec. 4251. Short title.
Sec. 4252. Findings.
Sec. 4253. Purpose.
Sec. 4254. Definitions.
Sec. 4255. Name of office.
Sec. 4256. Concentration of Federal effort.
Sec. 4257. Allocation.
Sec. 4258. State plans.
Sec. 4259. Juvenile delinquency prevention block grant program.
Sec. 4260. Research; evaluation; technical assistance; training.
Sec. 4261. Demonstration projects.
Sec. 4262. Authorization of appropriations.
Sec. 4263. Administrative authority.
Sec. 4264. Use of funds.
Sec. 4265. Limitation on use of funds.
Sec. 4266. Rules of construction.
Sec. 4267. Leasing surplus Federal property.
Sec. 4268. Issuance of rules.
Sec. 4269. Technical and conforming amendments.
Sec. 4270. References.
             Part 6--Local Gun Violence Prevention Programs

Sec. 4271. Competitive grants for children's firearm safety education.
Sec. 4272. Dissemination of best practices via the Internet.
Sec. 4273. Grant priority for tracing of guns used in crimes by 
                            juveniles.

TITLE I--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION OF 
                                JUSTICE

              Subtitle A--Support for Community Personnel

SEC. 1101. 21ST CENTURY COMMUNITY POLICING INITIATIVE.

    (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended 
by--
            (1) inserting ``and prosecutor'' after ``increase police''; 
        and
            (2) inserting ``to enhance law enforcement access to new 
        technologies, and'' after ``presence,''.
    (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B) and inserting after ``Nation,'' ``or pay overtime 
                to existing career law enforcement officers;'';
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) promote higher education
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 among inservice 
                State and local law enforcement officers by reimbursing 
                them for the costs associated with seeking a college or 
                graduate school education.''; and
            (2) in paragraph (2), by striking all that follows 
        ``Support systems.--'' and inserting ``Grants pursuant to 
        paragraph (1)(A) for overtime may not exceed 25 percent of the 
        funds available for grants pursuant to this subsection for any 
        fiscal year; grants pursuant to paragraph (1)(C) may not exceed 
        20 percent of the funds available for grants pursuant to this 
        subsection in any fiscal year, and grants pursuant to paragraph 
        (1)(D) may not exceed 5 percent of the funds available for 
        grants pursuant to this subsection for any fiscal year.''.
    (c) Additional Grant Projects.--Section 1701(d) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(d)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``integrity and ethics'' after 
                ``specialized''; and
                    (B) by inserting ``and'' after ``enforcement 
                officers'';
            (2) in paragraph (7), by inserting ``school officials, 
        religiously affiliated organizations,'' after ``enforcement 
        officers'';
            (3) by striking paragraph (8) and inserting the following:
            ``(8) establish school-based partnerships between local law 
        enforcement agencies and local school systems, by using school 
        resource officers who operate in and around elementary and 
        secondary schools to serve as a law enforcement liaison with 
        other Federal, State, and local law enforcement and regulatory 
        agencies, combat school-related crime and disorder problems, 
        gang membership and criminal activity, firearms and explosives-
        related incidents, illegal use and possession of alcohol and 
        illegal possession, use, and distribution of drugs;'';
            (4) in paragraph (10), by striking ``and'' at the end;
            (5) in paragraph (11), by striking the period that appears 
        at the end and inserting a semicolon; and
            (6) by adding at the end the following:
            ``(12) develop and implement innovative programs (such as 
        the TRIAD program) that bring together a community's sheriff, 
        chief of police, and elderly residents to address the public 
        safety concerns of older citizens; and
            ``(13) assist State, local, or tribal prosecutors' offices 
        in the implementation of community-based programs that build on 
        local community efforts through the--
                    ``(A) hiring of additional indigent defense 
                attorneys to be assigned to community programs; and
                    ``(B) establishment of programs to assist local 
                indigent defense offices in the implementation of 
                programs that help them identify and respond to 
                priority needs of a community with specifically 
                tailored solutions.''.
    (d) Technical Assistance.--Section 1701(f) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(f)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``use up to 5 percent of the funds 
                appropriated under subsection (a) to'' after ``The 
                Attorney General may'';
                    (B) by inserting at the end the following: ``In 
                addition, the Attorney General may use up to 5 percent 
                of the funds appropriated under subsections (d), (e), 
                and (f) for technical assistance and training to 
                States, units of local government, Indian tribal 
                governments, and to other public and private entities 
                for those respective purposes,'';
            (2) in paragraph (2), by inserting ``under subsection (a)'' 
        after ``the Attorney General''; and
            (3) in paragraph (3)--
                    (A) by striking ``the Attorney General may'' and 
                inserting ``the Attorney General shall'';
                    (B) by inserting ``regional community policing 
                institutes'' after ``operation of''; and
                    (C) by inserting ``representatives of police labor 
                and management organizations, community residents,'' 
                after ``supervisors,''.
    (e) Technology and Prosecution Programs.--Section 1701 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd) is amended by--
            (1) striking subsection (k);
            (2) redesignating subsections (f) through (j) as 
        subsections (g) through (k), respectively; and
            (3) striking subsection (e) and inserting the following:
    ``(e) Law Enforcement Technology Program.--Grants made under 
subsection (a) may be used to assist police departments, in employing 
professional, scientific, and technological advancements that will help 
them--
            ``(1) improve police communications through the use of 
        wireless communications, computers, software, videocams, 
        databases, and other hardware and software that allow law 
        enforcement agencies to communicate more effectively across 
        jurisdictional boundaries and effectuate interoperability;
            ``(2) develop and improve access to crime-solving 
        technologies, including DNA analysis, photo enhancement, voice 
        recognition, and other forensic capabilities; and
            ``(3) promote comprehensive crime analysis by utilizing new 
        techniques and technologies, such as crime mapping, that allow 
        law enforcement agencies to use real-time crime and arrest data 
        and other related information, including non-criminal justice 
        data, to improve their ability to analyze, predict, and respond 
        proactively to local crime and disorder problems, as well as to 
        engage in regional crime analysis.
    ``(f) Community-Based Prosecution Program.--Grants made under 
subsection (a) may be used to assist State, local, or tribal 
prosecutors' offices in the implementation of community-based 
prosecution programs that build on local community policing efforts. 
Funds made available under this subsection may be used to--
            ``(1) hire additional prosecutors who will be assigned to 
        community prosecution programs, including (but not limited to) 
        programs that assign prosecutors to handle cases from specific 
        geographic areas, to address specific violent crime and other 
        local crime problems (including intensive illegal gang, gun, 
        and drug enforcement projects and quality of life initiatives), 
        and to address localized violent and other crime problems based 
        on needs identified by local law enforcement agencies, 
        community organizations, and others;
            ``(2) redeploy existing prosecutors to community 
        prosecution programs as described in paragraph (1) of this 
        section by hiring victim and witness coordinators, paralegals, 
        community outreach, and other such personnel; and
            ``(3) establish programs to assist local prosecutors' 
        offices in the implementation of programs that help them 
        identify and respond to priority crime problems in a community 
        with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection 
shall be reserved for grants under paragraphs (1) and (2) and of those 
amounts no more than 10 percent may be used for grants under paragraph 
(2) and at least 25 percent of the funds shall be reserved for grants 
under paragraphs (1) and (2) to units of local government with a 
population of less than 50,000.''.
    (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime 
Control and Safe Streets Act 
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of 1968 (42 U.S.C. 3796dd-2) is amended by 
inserting at the end the following:
    ``(d) Retention Grants.--The Attorney General may use no more than 
50 percent of the funds under subsection (a) to award grants targeted 
specifically for retention of police officers to grantees in good 
standing, with preference to those that demonstrate financial hardship 
or severe budget constraint that impacts the entire local budget and 
may result in the termination of employment for police officers funded 
under subsection (b)(1).''.
    (g) Hiring Costs.--Section 1704(c) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3(c)) is amended 
by striking ``$75,000'' and inserting ``$125,000''.
    (h) Definitions.--
            (1) Career law enforcement officer.--Section 1709(1) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
        ``criminal laws'' the following: ``including sheriffs' deputies 
        charged with supervising offenders who are released into the 
        community but also engaged in local community policing 
        efforts.''.
            (2) School resource officer.--Section 1709(4) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd-8) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) to serve as a law enforcement liaison with 
                other Federal, State, and local law enforcement and 
                regulatory agencies, to address and document crime and 
                disorder problems including gangs and drug activities, 
                firearms and explosives-related incidents, and illegal 
                use and possession of alcohol affecting or occurring in 
                or around an elementary or secondary school;'';
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) to train students in conflict resolution, 
                restorative justice, and crime awareness, and to 
                provide assistance to and coordinate with other 
                officers, mental health professionals, and youth 
                counselors who are responsible for the implementation 
                of prevention/intervention programs within the 
                schools;''; and
                    (C) by adding at the end the following:
                    ``(H) to work with school administrators, members 
                of the local parent teacher associations, community 
                organizers, law enforcement, fire departments, and 
                emergency medical personnel in the creation, review, 
                and implementation of a school violence prevention 
                plan;
                    ``(I) to assist in documenting the full description 
                of all firearms found or taken into custody on school 
                property and to initiate a firearms trace and 
                ballistics examination for each firearm with the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms;
                    ``(J) to document the full description of all 
                explosives or explosive devices found or taken into 
                custody on school property and report to the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms; 
                and
                    ``(K) to assist school administrators with the 
                preparation of the Department of Education, Annual 
                Report on State Implementation of the Gun-Free Schools 
                Act which tracks the number of students expelled per 
                year for bringing a weapon, firearm, or explosive to 
                school.''.
    (i) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) There are authorized to be appropriated to 
                carry out part Q, to remain available until expended--
                            ``(i) $1,150,000,000 for fiscal year 2002;
                            ``(ii) $1,150,000,000 for fiscal year 2003;
                            ``(iii) $1,150,000,000 for fiscal year 
                        2004;
                            ``(iv) $1,150,000,000 for fiscal year 2005;
                            ``(v) $1,150,000,000 for fiscal year 2006; 
                        and
                            ``(vi) $1,150,000,000 for fiscal year 
                        2007.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``3 percent'' and inserting ``5 
                percent'';
                    (B) by striking ``85 percent'' and inserting 
                ``$600,000,000''; and
                    (C) by striking ``1701(b),'' and all that follows 
                through ``of part Q'' and inserting the following: 
                ``1701 (b) and (c), $350,000,000 to grants for the 
                purposes specified in section 1701(f), and $200,000,000 
                to grants for the purposes specified in section 
                1701(g).''.

   Subtitle B--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

SEC. 1201. EXPANSION OF PROTECTION OF FEDERAL OFFICERS AND EMPLOYEES 
              FROM MURDER DUE TO THEIR STATUS.

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

SEC. 1202. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS OR 
              EMPLOYEES.

    Section 111 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``12''; and
            (2) in subsection (b), by striking ``ten'' and inserting 
        ``20''.

SEC. 1203. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL 
              OFFICIAL BY THREATENING A FAMILY MEMBER.

    Section 115(b)(4) of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by striking ``three'' and inserting ``6''.

SEC. 1204. MAILING THREATENING COMMUNICATIONS.

    Section 876 of title 18, United States Code, is amended--
            (1) by designating the first 4 undesignated paragraphs as 
        subsections (a) through (d), respectively;
            (2) in subsection (c), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''; and
            (3) in subsection (d), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 1205. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS AND 
              THREATS AGAINST FEDERAL JUDGES AND CERTAIN OTHER FEDERAL 
              OFFICIALS AND EMPLOYEES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing gu
2000
idelines and the policy 
statements of the Commission, if appropriate, to provide an appropriate 
sentencing enhancement for offenses involving influencing, assaulting, 
resisting, impeding, retaliating against, or threatening a Federal 
judge, magistrate judge, or any other official described in section 111 
or 115 of title 18, United States Code.
    (b) Factors for Consideration.--In carrying out this section, the 
United States Sentencing Commission shall consider, with respect to 
each offense described in subsection (a)--
            (1) any expression of congressional intent regarding the 
        appropriate penalties for the offense;
            (2) the range of conduct covered by the offense;
            (3) the existing sentences for the offense;
            (4) the extent to which sentencing enhancements within the 
        Federal sentencing guidelines and the court's authority to 
        impose a sentence in excess of the applicable guideline range 
        are adequate to ensure punishment at or near the maximum 
        penalty for the most egregious conduct covered by the offense;
            (5) the extent to which Federal sentencing guideline 
        sentences for the offense have been constrained by statutory 
        maximum penalties;
            (6) the extent to which Federal sentencing guidelines for 
        the offense adequately achieve the purposes of sentencing as 
        set forth in section 3553(a)(2) of title 18, United States 
        Code;
            (7) the relationship of Federal sentencing guidelines for 
        the offense to the Federal sentencing guidelines for other 
        offenses of comparable seriousness; and
            (8) any other factors that the Commission considers to be 
        appropriate.

SEC. 1206. KILLING PERSONS AIDING FEDERAL INVESTIGATIONS OR STATE 
              CORRECTIONAL OFFICERS.

    Section 1121(a)(1) of title 18, United States Code, is amended in 
the matter preceding subparagraph (A), by inserting ``, State, or joint 
Federal-State'' after ``a Federal''.

SEC. 1207. KILLING STATE CORRECTIONAL OFFICERS.

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

SEC. 1208. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

    (a) Findings.--Congress makes the following findings:
            (1) The physical safety of the Nation's top elected 
        officials is a public good of transcendent importance.
            (2) By virtue of the critical importance of the Office of 
        the President, the President and those in direct line of the 
        Presidency are subject to unique and mortal jeopardy--jeopardy 
        that in turn threatens profound disruption to our system of 
        representative government and to the security and future of the 
        Nation.
            (3) The physical safety of visiting heads of foreign states 
        and foreign governments is also a matter of paramount 
        importance. The assassination of such a person while on 
        American soil could have calamitous consequences for our 
        foreign relations and national security.
            (4) Given these grave concerns, Congress has provided for 
        the Secret Service to protect the President and those in direct 
        line of the Presidency, and has directed that these officials 
        may not waive such protection. Congress has also provided for 
        the Secret Service to protect visiting heads of foreign states 
        and foreign governments.
            (5) The protective strategy of the Secret Service depends 
        critically on the ability of its personnel to maintain close 
        and unremitting physical proximity to the protectee.
            (6) Secret Service personnel must remain at the side of the 
        protectee on occasions of confidential conversations and, as a 
        result, may overhear top secret discussions, diplomatic 
        exchanges, sensitive conversations, and matters of personal 
        privacy.
            (7) The necessary level of proximity can be maintained only 
        in an atmosphere of complete trust and confidence between the 
        protectee and his or her protectors.
            (8) If a protectee has reason to doubt the confidentiality 
        of actions or conversations taken in sight or hearing of Secret 
        Service personnel, the protectee may seek to push the 
        protective envelope away or undermine it to the point at which 
        it could no longer be fully effective.
            (9) The possibility that Secret Service personnel might be 
        compelled to testify against their protectees could induce 
        foreign nations to refuse Secret Service protection in future 
        state visits, making it impossible for the Secret Service to 
        fulfill its important statutory mission of protecting the life 
        and safety of foreign dignitaries.
            (10) A privilege protecting information acquired by Secret 
        Service personnel while performing their protective function in 
        physical proximity to a protectee will preserve the security of 
        the protectee by lessening the incentive of the protectee to 
        distance Secret Service personnel in situations in which there 
        is some risk to the safety of the protectee.
            (11) Recognition of a protective function privilege for the 
        President and those in direct line of the Presidency, and for 
        visiting heads of foreign states and foreign governments, will 
        promote sufficiently important interests to outweigh the need 
        for probative evidence.
            (12) Because Secret Service personnel retain law 
        enforcement responsibility even while engaged in their 
        protective function, the privilege must be subject to a crime/
        treason exception.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the relationship of trust and confidence 
        between Secret Service personnel and certain protected 
        officials that is essential to the ability of the Secret 
        Service to protect these officials, and the Nation, from the 
        risk of assassination; and
            (2) to ensure that Secret Service personnel are not 
        precluded from testifying in a criminal investigation or 
        prosecution about unlawful activity committed within their view 
        or hearing.
    (c) Admissibility of Information Acquired by Secret Service 
Personnel While Performing Their Protective Function.--
            (1) Protective function privilege.--Chapter 203 of title 
        18, United States Code, is amended by inserting after section 
        3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective 
              function privilege
    ``(a) Definitions.--In this section:
            ``(1) Protectee.--The term `protectee' means--
                    ``(A) the President;
                    ``(B) the Vice President (or other officer next in 
                the order of succession to the Office of President);
                    ``(C) the President-elect;
                    ``(D) the Vice President-elect; and
                    ``(E) visiting heads of foreign states or foreign 
                governments who, at the time and place concerned, are 
                being provided protection by the United States Secret 
                Service.
            ``(2) Secret service personnel.--The term `Secret Service 
        personnel' means any officer or agent of the United States 
        Secret Service.
    ``(b) General Rule of Privilege.--Subject to subsection (c), 
testimony by Secret Service personnel or former Secret Serv
2000
ice 
personnel regarding information affecting a protectee that was acquired 
during the performance of a protective function in physical proximity 
to the protectee shall not be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof.
    ``(c) Exceptions.--There is no privilege under this section--
            ``(1) with respect to information that, at the time the 
        information was acquired by Secret Service personnel, was 
        sufficient to provide reasonable grounds to believe that a 
        crime had been, was being, or would be committed; or
            ``(2) if the privilege is waived by the protectee or the 
        legal representative of a protectee or deceased protectee.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 203 of title 18, United States Code, is amended by 
        inserting after the item relating to section 3056 the 
        following:

``3056A. Testimony by Secret Service personnel; protective function 
                            privilege.''.
            (3) Application.--This section and the amendments made by 
        this section shall apply to any proceeding commenced on or 
        after the date of enactment of this section.

   Subtitle C--Disarming Felons and Protecting Children From Violence

                   PART 1--EXTENSION OF PROJECT EXILE

SEC. 1311. AUTHORIZATION OF FUNDING FOR ADDITIONAL STATE AND LOCAL GUN 
              PROSECUTORS.

    (a) Grants for State and Local Gun Prosecutors.--Title III of the 
Violent Crime Control and Law Enforcement Act of 1994 is amended by 
adding at the end the following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

``SEC. 32501. GRANT AUTHORIZATION.

    ``The Attorney General may award grants to State, Indian tribal, or 
local prosecutors for the purpose of supporting the creation or 
expansion of community-based justice programs for the prosecution of 
firearm-related crimes.

``SEC. 32502. USE OF FUNDS.

    ``Grants awarded by the Attorney General under this subtitle shall 
be used to fund programs for the hiring of prosecutors and related 
personnel under which those prosecutors and personnel shall utilize an 
interdisciplinary team approach to prevent, reduce, and respond to 
firearm-related crimes in partnership with communities.

``SEC. 32503. APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive a grant award under 
this subtitle for a fiscal year, a State, Indian tribal, or local 
prosecutor, in conjunction with the chief executive officer of the 
jurisdiction in which the program will be placed, shall submit to the 
Attorney General an application, in such form and containing such 
information as the Attorney General may reasonably require.
    ``(b) Requirements.--Each application submitted under this section 
shall include--
            ``(1) a request for funds for the purposes described in 
        section 32502;
            ``(2) a description of the communities to be served by the 
        grant, including the nature of the firearm-related crime in 
        such communities; and
            ``(3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section.

``SEC. 32504. MATCHING REQUIREMENT.

    ``The Federal share of a grant awarded under this subtitle may not 
exceed 50 percent of the total cost of the program described in the 
application submitted under section 32503 for the fiscal year for which 
the program receives assistance under this subtitle.

``SEC. 32505. AWARD OF GRANTS.

    ``(a) In General.--Except as provided in subsection (b), in 
awarding grants under this subtitle, the Attorney General shall 
consider--
            ``(1) the demonstrated need for, and the evidence of the 
        ability of the applicant to provide, the services described in 
        section 32503(b)(2), as described in the application submitted 
        under section 32503;
            ``(2) the extent to which, as reflected in the 1998 Uniform 
        Crime Report of the Federal Bureau of Investigation, there is a 
        high rate of firearm-related crime in the jurisdiction of the 
        applicant, measured either in total or per capita;
            ``(3) the extent to which the jurisdiction of the applicant 
        has experienced an increase in the total or per capita rate of 
        firearm-related crime, as reported in the 3 most recent annual 
        Uniform Crime Reports of the Federal Bureau of Investigation;
            ``(4) the extent to which State and local law enforcement 
        agencies in the jurisdiction of the applicant have pledged to 
        cooperate with Federal officials in responding to the illegal 
        acquisition, distribution, possession, and use of firearms 
        within the jurisdiction; and
            ``(5) The extent to which the jurisdiction of the applicant 
        participates in comprehensive firearm law enforcement 
        strategies, including programs such as the Youth Crime Gun 
        Interdiction Initiative, Project Achilles, Project Disarm, 
        Project Triggerlock, Project Exile, Project Surefire, and 
        Operation Ceasefire.
    ``(b) Indian Tribes.--
            ``(1) Federal grants.--Not less than 5 percent of the 
        amount made available for grants under this subtitle for each 
        fiscal year shall be awarded as grants to Indian tribes.
            ``(2) Grant criteria.--In awarding grants to Indian tribes 
        in accordance with this subsection, the Attorney General shall 
        consider, to the extent practicable, the factors for 
        consideration set forth in subsection (a).
    ``(c) Research and Evaluation.--Of the amount made available for 
grants under this subtitle for each fiscal year, the Attorney General 
shall use not less than 1 percent and not more than 3 percent for 
research and evaluation of the activities carried out with grants 
awarded under this subtitle.

``SEC. 32506. REPORTS.

    ``(a) Report to Attorney General.--Not later than March 1 of each 
fiscal year, each law enforcement agency that receives funds from a 
grant awarded under this subtitle for that fiscal year shall submit to 
the Attorney General a report describing the progress achieved in 
carrying out the grant program for which those funds were received.
    ``(b) Report to Congress.--Beginning not later than October 1 of 
the first fiscal year following the initial fiscal year during which 
grants are awarded under this subtitle, and not later than October 1 of 
each fiscal year thereafter, the Attorney General shall submit to 
Congress a report, which shall contain a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants, and an evaluation of 
programs established with amounts from grants awarded under this 
subtitle during the preceding fiscal year.

``SEC. 32507. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `firearm' has the meaning given the term in 
        section 921(a) of title 18, United States Code;
            ``(2) the term `Indian tribe' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
Indians because of their status as Indians; and
            ``(3) the term `State' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and the 
        United States Virgin Islands.

``SEC. 325
2000
08. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$150,000,000 for fiscal year 2002.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
is amended by inserting after the item relating to subtitle X the 
following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

        ``Sec. 32501. Grant authorization.
        ``Sec. 32502. Use of funds.
        ``Sec. 32503. Applications.
        ``Sec. 32504. Matching requirement.
        ``Sec. 32505. Award of grants.
        ``Sec. 32506. Reports.
        ``Sec. 32507. Definitions.
        ``Sec. 32508. Authorization of appropriations.''.

SEC. 1312. AUTHORIZATION OF FUNDING FOR ADDITIONAL FEDERAL FIREARMS 
              PROSECUTORS AND GUN ENFORCEMENT TEAMS.

    (a) Additional Federal Firearms Prosecutors.--The Attorney General 
shall hire 114 additional Federal prosecutors to prosecute violations 
of Federal firearms laws.
    (b) Gun Enforcement Teams.--
            (1) Establishment.--The Attorney General shall establish in 
        each of the jurisdictions specified in paragraph (3) a gun 
        enforcement team.
            (2) Gun enforcement team requirements.--Each gun 
        enforcement team established under this subsection shall be 
        composed of--
                    (A) 1 coordinator, who shall be responsible, with 
                respect to the jurisdiction concerned, for coordinating 
                among Federal, State, and local law enforcement--
                            (i) the appropriate forum for the 
                        prosecution of crimes relating to firearms; and
                            (ii) efforts for the prevention of such 
                        crimes; and
                    (B) 1 analyst, who shall be responsible, with 
                respect to the jurisdiction concerned, for analyzing 
                data relating to such crimes and recommending law 
                enforcement strategies to reduce such crimes.
            (3) Covered jurisdictions.--The jurisdictions specified in 
        this subsection are not more than 20 jurisdictions designated 
        by the Attorney General for purposes of this subsection as 
        areas having high rates of crimes relating to firearms.
    (c) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated that may be used for such 
purpose, there is authorized to be appropriated to carry out this 
section $15,000,000 for fiscal year 2002.

    PART 2--EXPANSION OF THE YOUTH CRIME GUN INTERDICTION INITIATIVE

SEC. 1321. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--
            (1) Expansion of number of cities.--The Secretary of the 
        Treasury shall endeavor to expand the number of cities and 
        counties directly participating in the Youth Crime Gun 
        Interdiction Initiative (in this section referred to as the 
        ``YCGII'') to 75 cities or counties by October 1, 2002, to 150 
        cities or counties by October 1, 2004, and to 250 cities or 
        counties by October 1, 2005.
            (2) Selection.--Cities and counties selected for 
        participation in the YCGII shall be selected by the Secretary 
        of the Treasury and in consultation with Federal, State and 
        local law enforcement officials.
    (b) Identification of Individuals.--
            (1) In general.--The Secretary of the Treasury shall, 
        utilizing the information provided by the YCGII, facilitate the 
        identification and prosecution of individuals illegally 
        trafficking firearms to prohibited individuals.
            (2) Sharing of information.--The Secretary of the Treasury 
        shall share information derived from the YCGII with State and 
        local law enforcement agencies through on-line computer access, 
        as soon as such capability is available.
    (c) Grant Awards.--
            (1) In general.--The Secretary of the Treasury shall award 
        grants (in the form of funds or equipment) to States, cities, 
        and counties for purposes of assisting such entities in the 
        tracing of firearms and participation in the YCGII.
            (2) Use of grant funds.--Grants made under this part shall 
        be used to--
                    (A) hire or assign additional personnel for the 
                gathering, submission and analysis of tracing data 
                submitted to the Bureau of Alcohol, Tobacco and 
                Firearms under the YCGII;
                    (B) hire additional law enforcement personnel for 
                the purpose of identifying and arresting individuals 
                illegally trafficking firearms; and
                    (C) purchase additional equipment, including 
                automatic data processing equipment and computer 
                software and hardware, for the timely submission and 
                analysis of tracing data.

                          PART 3--GUN OFFENSES

SEC. 1331. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) For purposes of subsections (d), (g), and (s) 
                of section 922, the term `act of juvenile delinquency' 
                means an adjudication of delinquency based on a finding 
                of the commission of an act by a person prior to his or 
                her eighteenth birthday that, if committed by an adult, 
                would be a serious drug offense or violent felony (as 
                defined in section 3559(c)(2) of this title), on or 
                after the date of enactment of this paragraph.''; and
            (4) by striking ``What constitutes'' through the end and 
        inserting the following: ``What constitutes a conviction of 
        such a crime or an adjudication of juvenile delinquency shall 
        be determined in accordance with the law of the jurisdiction in 
        which the proceedings were held. Any State conviction or 
        adjudication of delinquency which has been expunged or set 
        aside or for which a person has been pardoned or has had civil 
        rights restored by the jurisdiction in which the conviction or 
        adjudication of delinquency occurred shall not be considered a 
        conviction or adjudication of delinquency.
    (b) Prohibition.--Section 922 of title 18, United States Code is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.'';
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.''; 
        and
            (3) in subsection (s)(3)(B)--
                    (A) by striking ``and'' at the end of clause (vi);
                    (B) by inserting ``and'' after the semicolon at the 
                end of clause (vii); and
                    (C) by inserting after clause (vii) the following:
                            ``(viii) has not committed an act of 
                        juvenile delinquency.''.

SEC. 1332. IMPROVING FIREARMS SAFETY.

    (a) Secure Gun Storage Device.--Section 921(a) of title 18, United 
States Code, is amended by adding at the e
2000
nd the following:
            ``(35) Secure gun storage or safety device.--The term 
        `secure gun storage or safety device' means--
                    ``(A) a device that, when installed on a firearm, 
                is designed to prevent the firearm from being operated 
                without first deactivating the device;
                    ``(B) a device incorporated into the design of the 
                firearm that is designed to prevent the operation of 
                the firearm by anyone not having access to the device; 
                or
                    ``(C) a safe, gun safe, gun case, lock box, or 
                other device that is designed to be or can be used to 
                store a firearm and that is designed to be unlocked 
                only by means of a key, a combination, or other similar 
                means.''.
    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) in the case of an application to be licensed 
                as a dealer, the applicant certifies that secure gun 
                storage or safety devices will be available at any 
                place in which firearms are sold under the license to 
                persons who are not licensees (subject to the exception 
                that in any case in which a secure gun storage or 
                safety device is temporarily unavailable because of 
                theft, casualty loss, consumer sales, backorders from a 
                manufacturer, or any other similar reason beyond the 
                control of the licensee, the dealer shall not be 
                considered to be in violation of the requirement under 
                this subparagraph to make available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
    (d) Statutory Construction.--Nothing in the amendments made by this 
section shall be construed--
            (1) as creating a cause of action against any firearms 
        dealer or any other person for any civil liability; or
            (2) as establishing any standard of care.

SEC. 1333. JUVENILE HANDGUN SAFETY.

    (a) Juvenile Handgun Safety.--Section 924(a)(6) of title 18, United 
States Code, is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A); 
        and
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``A person other than a juvenile 
                who knowingly'' and inserting ``A person who 
                knowingly''; and
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not more than 5 years''.

SEC. 1334. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                this paragraph;''.

SEC. 1335. INCREASED PENALTY FOR TRANSFERRING A FIREARM TO A MINOR FOR 
              USE IN CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(h) of title 18, United States Code, is amended by 
striking ``10 years, fined in accordance with this title, or both'' and 
inserting ``10 years, and if the transferee is a person who is under 18 
years of age, imprisoned for a term of not more than 15 years, fined in 
accordance with this title, or both''.

SEC. 1336. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

                 PART 4--CLOSING THE GUN SHOW LOOPHOLE

SEC. 1341. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

    (a) Findings.--Congress finds that--
            (1) more than 4,400 traditional gun shows are held annually 
        across the United States, attracting thousands of attendees per 
        show and hundreds of Federal firearms licensees and nonlicensed 
        firearms sellers;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered 
        for sale or exchange at a gun show, flea market, or other 
        organized event, the gun, its component parts, ammunition, and 
        the raw materials from which it is manufactured have moved in 
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold anonymously, often 
        without background checks and without records that enable gun 
        tracing;
            (6) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons obtain guns without 
        background checks and frequently use guns that cannot be traced 
        to later commit crimes;
            (7) many persons who buy and sell firearms at gun shows, 
        flea markets, and other organized events cross State lines to 
        attend these events and engage in the interstate transportation 
        of firearms obtained at these events;
            (8) gun violence is a pervasive, national problem that is 
        exacerbated by the availability of guns at gun shows, flea 
        markets, and other organized events;
            (9) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (10) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure that criminals and other prohibited per
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sons 
        do not obtain firearms at gun shows, flea markets, and other 
        organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) Gun show.--The term `gun show' means any event--
            ``(A) at which 50 or more firearms are offered or exhibited 
        for sale, transfer, or exchange, if 1 or more of the firearms 
        has been shipped or transported in, or otherwise affects, 
        interstate or foreign commerce; and
            ``(B) at which--
                    ``(i) not less than 20 percent of the exhibitors 
                are firearm exhibitors;
                    ``(ii) there are not less than 10 firearm 
                exhibitors; or
                    ``(iii) 50 or more firearms are offered for sale, 
                transfer, or exchange.
    ``(36) Gun show promoter.--The term `gun show promoter' means any 
person who organizes, plans, promotes, or operates a gun show.
    ``(37) Gun show vendor.--The term `gun show vendor' means any 
person who exhibits, sells, offers for sale, transfers, or exchanges 1 
or more firearms at a gun show, regardless of whether or not the person 
arranges with the gun show promoter for a fixed location from which to 
exhibit, sell, offer for sale, transfer, or exchange 1 or more 
firearms.''
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) registers with the Secretary in accordance with 
        regulations promulgated by the Secretary; and
            ``(2) pays a registration fee, in an amount determined by 
        the Secretary.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
for any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) before commencement of the gun show, verifies the 
        identity of each gun show vendor participating in the gun show 
        by examining a valid identification document (as defined in 
        section 1028(d)(1)) of the vendor containing a photograph of 
        the vendor;
            ``(2) before commencement of the gun show, requires each 
        gun show vendor to sign--
                    ``(A) a ledger with identifying information 
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the 
                obligations of the vendor under this chapter; and
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Secretary shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) at the permanent place of business of 
        the gun show promoter for such period of time and in such form 
        as the Secretary shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to transfer a firearm to 
        another person who is not licensed under this chapter, unless 
        the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the 
                transferee until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                transfer the firearm to the transferee if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Secretary to impose 
        recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to receive a firearm 
        from another person who is not licensed under this chapter, 
        unless the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the 
                transferor until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                receive the firearm from the transferor if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
manufacturer, or licensed dealer who agrees to assist a person who is 
not licensed under this chapter in carrying out the responsibilities of 
that person under subsection (c) or (d) with respect to the transfer of 
a firearm shall--
            ``(1) enter such information about the firearm as the 
        Secretary may require by regulation into a separate bound 
        record;
            ``(2) record the transfer on a form specified by the 
        Secretary;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed importer, licensed 
        manufacturer, or licensed dealer to the designated transferee 
        (although a licensed importer, licensed manufacturer, or 
        licensed dealer complying with this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed importer, licensed manufacturer, or 
                licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or would violate 
                State law;
            ``(4) not later than 10 days after the date on which the 
        transfer occurs, submit to the Secretary a report of the 
        transfer, which report--
                    ``(A) shall be on a form specified by the Secretary 
                by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to any person involved 
                in the transfer who is not licensed under t
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his chapter;
            ``(5) if the licensed importer, licensed manufacturer, or 
        licensed dealer assists a person other than a licensee in 
        transferring, at 1 time or during any 5 consecutive business 
        days, 2 or more pistols or revolvers, or any combination of 
        pistols and revolvers totaling 2 or more, to the same 
        nonlicensed person, in addition to the reports required under 
        paragraph (4), prepare a report of the multiple transfers, 
        which report shall be--
                    ``(A) prepared on a form specified by the 
                Secretary; and
                    ``(B) not later than the close of business on the 
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed importer, licensed 
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm 
transaction takes place at a gun show, each licensed importer, licensed 
manufacturer, and licensed dealer who transfers 1 or more firearms to a 
person who is not licensed under this chapter shall, not later than 10 
days after the date on which the transfer occurs, submit to the 
Secretary a report of the transfer, which report--
            ``(1) shall be in a form specified by the Secretary by 
        regulation;
            ``(2) shall not include the name of or other identifying 
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any 
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term 
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(7)(A) Whoever knowingly violates section 931(a) shall be fined 
under this title, imprisoned not more than 5 years, or both.
    ``(B) Whoever knowingly violates subsection (b) or (c) of section 
931, shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(C) Whoever willfully violates section 931(d), shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(D) Whoever knowingly violates subsection (e) or (f) of section 
931 shall be fined under this title, imprisoned not more than 5 years, 
or both.
    ``(E) In addition to any other penalties imposed under this 
paragraph, the Secretary may, with respect to any person who knowingly 
violates any provision of section 931--
            ``(i) if the person is registered pursuant to section 
        931(a), after notice and opportunity for a hearing, suspend for 
        not more than 6 months or revoke the registration of that 
        person under section 931(a); and
            ``(ii) impose a civil fine in an amount equal to not more 
        than $10,000.''.
            (2) Technical and conforming amendments.--Chapter 44 of 
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end 
                the following:

``931. Regulation of firearms transfers at gun shows.'';
                and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''; and
    (d) Inspection Authority.--Section 923(g)(1) is amended by adding 
at the end the following:
    ``(E) Notwithstanding subparagraph (B), the Secretary may enter 
during business hours the place of business of any gun show promoter 
and any place where a gun show is held for the purposes of examining 
the records required by sections 923 and 931 and the inventory of 
licensees conducting business at the gun show. Such entry and 
examination shall be conducted for the purposes of determining 
compliance with this chapter by gun show promoters and licensees 
conducting business at the gun show and shall not require a showing of 
reasonable cause or a warrant.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), any licensed 
dealer, licensed importer, licensed manufacturer, or licensed collector 
who knowingly makes any false statement or representation with respect 
to the information required by this chapter to be kept in the records 
of a person licensed under this chapter, or violates section 922(m) 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(B) If the violation described in subparagraph (A) is in relation 
to an offense--
            ``(i) under paragraph (1) or (3) of section 922(b), such 
        person shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
            ``(ii) under subsection (a)(6) or (d) of section 922, such 
        person shall be fined under this title, imprisoned not more 
        than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check 
Requirements.--
            (1) Penalties.--Section 924 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s) 
                or (t) of section 922'' and inserting ``section 
                922(s)''; and
                    (B) by adding at the end the following:
    ``(8) Whoever knowingly violates section 922(t) shall be fined 
under this title, imprisoned not more than 5 years, or both.''.
            (2) Elimination of certain elements of offense.--Section 
        922(t)(5) of title 18, United States Code, is amended by 
        striking ``and, at the time'' and all that follows through 
        ``State law''.
    (g) Gun Owner Privacy and Prevention of Fraud and Abuse of System 
Information.--Section 922(t)(2)(C) of title 18, United States Code, is 
amended by inserting before the period at the end the following: ``, as 
soon as possible, consistent with the responsibility of the Attorney 
General under section 103(h) of the Brady Handgun Violence Prevention 
Act to ensure the privacy and security of the system and to prevent 
system fraud and abuse, but in no event later than 90 days after the 
date on which the licensee first contacts the system with respect to 
the transfer''.
    (h) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of enactment of this 
Act.

Subtitle D--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

SEC. 1401. JUVENILE AND VIOLENT OFFENDER INCARCERATION GRANTS.

    (a) Grants for Violent and Chronic Juvenile Facilities.--
            (1) Definitions.--In this subsection:
                    (A) Co-located facility.--The term ``co-located 
                facility'' means the location of adult and juvenile 
                facilities on the same property in a manner consistent 
                with regulations issued by the Attorney General to 
                ensure that adults and juveniles are substantially
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                segregated.
                    (B) Substantially segregated.--The term 
                ``substantially segregated'' means--
                            (i) complete sight and sound separation in 
                        residential confinement;
                            (ii) use of shared direct care and 
                        management staff, properly trained and 
                        certified by the State to interact with 
                        juvenile offenders, if the staff does not 
                        interact with adult and juvenile offenders 
                        during the same shift; and
                            (iii) incidental contact during 
                        transportation to court proceedings and other 
                        activities in accordance with regulations 
                        issued by the Attorney General to ensure 
                        reasonable efforts are made to segregate adults 
                        and juveniles.
                    (C) Violent juvenile offender.--The term ``violent 
                juvenile offender'' means a person under the age of 
                majority pursuant to State law who has been adjudicated 
                delinquent or convicted in adult court of a violent 
                felony as defined in section 924(e)(2)(B) of title 18, 
                United States Code.
                    (D) Qualifying state.--The term ``qualifying 
                State'' means a State that has submitted, or a State in 
                which an eligible unit of local government has 
                submitted, a grant application that meets the 
                requirements of paragraphs (3) and (5).
            (2) Authority.--
                    (A) In general.--The Attorney General may make 
                grants in accordance with this subsection to States, 
                units of local government, or any combination thereof, 
                to assist them in planning, establishing, and operating 
                secure facilities, staff-secure facilities, detention 
                centers, and other correctional programs for violent 
                juvenile offenders.
                    (B) Use of amounts.--Grants under this subsection 
                may be used--
                            (i) for co-located facilities for adult 
                        prisoners and violent juvenile offenders; and
                            (ii) only for the construction or operation 
                        of facilities in which violent juvenile 
                        offenders are substantially segregated from 
                        nonviolent juvenile offenders.
            (3) Applications.--
                    (A) In general.--The chief executive officer of a 
                State or unit of local government that seeks to receive 
                a grant under this subsection shall submit to the 
                Attorney General an application, in such form and in 
                such manner as the Attorney General may prescribe.
                    (B) Contents.--Each application submitted under 
                subparagraph (A) shall provide written assurances that 
                each facility or program funded with a grant under this 
                subsection--
                            (i) will provide appropriate educational 
                        and vocational training, appropriate mental 
                        health services, a program of substance abuse 
                        testing, and substance abuse treatment for 
                        appropriate juvenile offenders; and
                            (ii) will afford juvenile offenders 
                        intensive post-release supervision and 
                        services.
            (4) Minimum amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each qualifying State, together with units of 
                local government within the State, shall be allocated 
                for each fiscal year not less than 1.0 percent of the 
                total amount made available in each fiscal year for 
                grants under this subsection.
                    (B) Exception.--The United States Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana Islands 
                shall each be allocated 0.2 percent of the total amount 
                made available in each fiscal year for grants under 
                this subsection.
            (5) Performance evaluation.--
                    (A) Evaluation components.--
                            (i) In general.--Each facility or program 
                        funded under this subsection shall contain an 
evaluation component developed pursuant to guidelines established by 
the Attorney General.
                            (ii) Outcome measures.--The evaluations 
                        required by this subsection shall include 
                        outcome measures that can be used to determine 
                        the effectiveness of the funded programs, 
                        including the effectiveness of such programs in 
                        comparison with other correctional programs or 
                        dispositions in reducing the incidence of 
                        recidivism, and other outcome measures.
                    (B) Periodic review and reports.--
                            (i) Review.--The Attorney General shall 
                        review the performance of each grant recipient 
                        under this subsection.
                            (ii) Reports.--The Attorney General may 
                        require a grant recipient to submit to the 
                        Office of Justice Programs, Corrections 
                        Programs Office the results of the evaluations 
                        required under subparagraph (A) and such other 
                        data and information as are reasonably 
                        necessary to carry out the responsibilities of 
                        the Attorney General under this subsection.
            (6) Technical assistance and training.--The Attorney 
        General shall provide technical assistance and training to 
        grant recipients under this subsection to achieve the purposes 
        of this subsection.
    (b) Juvenile Facilities on Tribal Lands.--
            (1) Reservation of funds.--Of amounts made available to 
        carry out this section under section 20108(a)(2)(A) of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 13708(a)(2)(A)), the Attorney General shall reserve, to 
        carry out this subsection, 0.75 percent for each of fiscal 
        years 2002 through 2005.
            (2) Grants to indian tribes.--Of amounts reserved under 
        paragraph (1), the Attorney General may make grants to Indian 
        tribes or to regional groups of Indian tribes for the purpose 
        of constructing secure facilities, staff-secure facilities, 
        detention centers, and other correctional programs for 
        incarceration of juvenile offenders subject to tribal 
        jurisdiction.
            (3) Applications.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Attorney 
        General an application in such form and containing such 
        information as the Attorney General may by regulation require.
            (4) Regional groups.--Individual Indian tribes from a 
        geographic region may apply for grants under paragraph (2) 
        jointly for the purpose of building regional facilities.
    (c) Report on Accountability and Performance Measures in Juvenile 
Corrections Programs.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Attorney General shall, after 
        consultation with the National Institute of Justice and other 
        appropriate governmental and nongovernmental orga
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nizations, 
        submit to Congress a report regarding the possible use of 
        performance-based criteria in evaluating and improving the 
        effectiveness of juvenile corrections facilities and programs.
            (2) Contents.--The report required under this subsection 
        shall include an analysis of--
                    (A) the range of performance-based measures that 
                might be utilized as evaluation criteria, including 
                measures of recidivism among juveniles who have been 
                incarcerated in facilities or have participated in 
                correctional programs;
                    (B) the feasibility of linking Federal juvenile 
                corrections funding to the satisfaction of performance-
                based criteria by grantees (including the use of a 
                Federal matching mechanism under which the share of 
                Federal funding would vary in relation to the 
                performance of a program or facility);
                    (C) whether, and to what extent, the data necessary 
                for the Attorney General to utilize performance-based 
                criteria in the Attorney General's administration of 
                juvenile corrections programs are collected and 
                reported nationally; and
                    (D) the estimated cost and feasibility of 
                establishing minimal, uniform data collection and 
                reporting standards nationwide that would allow for the 
                use of performance-based criteria in evaluating 
                juvenile corrections programs and facilities and 
                administering Federal juvenile corrections funds.

SEC. 1402. CERTAIN PUNISHMENT AND GRADUATED SANCTIONS FOR YOUTH 
              OFFENDERS.

    (a) Findings and Purposes.--
            (1) Findings.--Congress finds that--
                    (A) youth violence constitutes a growing threat to 
                the national welfare requiring immediate and 
                comprehensive action by the Federal Government to 
                reduce and prevent youth violence;
                    (B) the behavior of youth who become violent 
                offenders often follows a progression, beginning with 
                aggressive behavior in school, truancy, and vandalism, 
                leading to property crimes and then serious violent 
                offenses;
                    (C) the juvenile justice systems in most States are 
                ill-equipped to provide meaningful sanctions to minor, 
                nonviolent offenders because most of their resources 
                are dedicated to dealing with more serious offenders;
                    (D) in most States, some youth commit multiple, 
                nonviolent offenses without facing any significant 
                criminal sanction;
                    (E) the failure to provide meaningful criminal 
                sanctions for first time, nonviolent offenders sends 
                the false message to youth that they can engage in 
                antisocial behavior without suffering any negative 
                consequences and that society is unwilling or unable to 
                restrain that behavior;
                    (F) studies demonstrate that interventions during 
                the early stages of a criminal career can halt the 
                progression to more serious, violent behavior; and
                    (G) juvenile courts need access to a range of 
                sentencing options so that at least some level of 
                sanction is imposed on all youth offenders, including 
                status offenders, and the severity of the sanctions 
                increase along with the seriousness of the offense.
            (2) Purposes.--The purposes of this section are to 
        provide--
                    (A) assistance to State and local juvenile courts 
                to expand the range of sentencing options for first 
                time, nonviolent offenders; and
                    (B) a selection of graduated sanctions for more 
                serious offenses.
    (b) Definitions.--In this section:
            (1) First time offender.--The term ``first time offender'' 
        means a juvenile against whom formal charges have not 
        previously been filed in any Federal or State judicial 
        proceeding.
            (2) Nonviolent offender.--The term ``nonviolent offender'' 
        means a juvenile who is charged with an offense that does not 
        involve the use of force against the person of another.
            (3) Status offender.--The term ``status offender'' means a 
        juvenile who is charged with an offense that would not be 
        criminal if committed by an adult (other than an offense that 
        constitutes a violation of a valid court order or a violation 
        of section 922(x) of title 18, United States Code (or similar 
        State law)).
    (c) Grant Authorization.--The Attorney General may make grants in 
accordance with this section to States, State courts, local courts, 
units of local government, and Indian tribes, for the purposes of--
            (1) providing juvenile courts with a range of sentencing 
        options such that first time juvenile offenders, including 
        status offenders such as truants, vandals, and juveniles in 
        violation of State or local curfew laws, face at least some 
        level of punishment as a result of their initial contact with 
        the juvenile justice system; and
            (2) increasing the sentencing options available to juvenile 
        court judges so that juvenile offenders receive increasingly 
        severe sanctions--
                    (A) as the seriousness of their unlawful conduct 
                increases; and
                    (B) for each additional offense.
    (d) Applications.--
            (1) Eligibility.--In order to be eligible to receive a 
        grant under this section, the chief executive of a State, unit 
        of local government, or Indian tribe, or the chief judge of a 
        local court, shall submit an application to the Attorney 
        General in such form and containing such information as the 
        Attorney General may reasonably require.
            (2) Requirements.--Each application submitted in accordance 
        with paragraph (1) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this section;
                    (B) a description of the communities to be served 
                by the grant, including the extent of youth crime and 
                violence in those communities;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement, not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subsection;
                    (D) a comprehensive plan described in paragraph (3) 
                (in this section referred to as the ``comprehensive 
                plan''); and
                    (E) any additional information in such form and 
                containing such information as the Attorney General may 
                reasonably require.
            (3) Implementation plan.--For purposes of paragraph (2), a 
        comprehensive plan shall include--
                    (A) an action plan outlining the manner in which 
                the applicant will achieve the purposes described in 
                subsection (c)(1);
                    (B) a description of any resources available in the 
                jurisdiction of the applicant to implement the action 
                plan described in subparagraph (A);
                    (C) an estimate of the costs of full implementation 
                of the plan; and
                    (D) a plan for evaluating the impact of the grant 
                on the jurisdiction's juvenil
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e justice system.
    (e) Grant Awards.--
            (1) Considerations.--In awarding grants under this section, 
        the Attorney General shall consider--
                    (A) the ability of the applicant to provide the 
                stated services;
                    (B) the level of youth crime, violence, and drug 
                use in the community; and
                    (C) to the extent practicable, achievement of an 
                equitable geographic distribution of the grant awards.
            (2) Allocations.--
                    (A) In general.--The Attorney General shall allot 
                not less than 0.75 percent of the total amount made 
                available to carry out this section in each fiscal year 
                to applicants in each State from which applicants have 
                applied for grants under this section.
                    (B) Indian tribes.--The Attorney General shall 
                allocate not less than 0.75 percent of the total amount 
                made available to carry out this section in each fiscal 
                year to Indian tribes.
    (f) Use of Grant Amounts.--
            (1) In general.--Each grant made under this section shall 
        be used to establish programs that--
                    (A) expand the number of judges, prosecutors, and 
                public defenders for the purpose of imposing sanctions 
                on first time juvenile offenders and status offenders 
                and for establishing restorative justice boards 
                involving members of the community;
                    (B) provide expanded sentencing options, such as 
                restitution, community service, drug testing and 
                treatment, mandatory job training, curfews, house 
                arrest, mandatory work projects, and boot camps, for 
                status offenders and nonviolent offenders;
                    (C) increase staffing for probation officers to 
                supervise status offenders and nonviolent offenders to 
                ensure that sanctions are enforced;
                    (D) provide aftercare and supervision for status 
                and nonviolent offenders, such as drug education and 
                drug treatment, vocational training, job placement, and 
                family counseling;
                    (E) encourage private sector employees to provide 
                training and work opportunities for status offenders 
                and nonviolent offenders; and
                    (F) provide services and interventions for status 
                and nonviolent offenders designed, in tandem with 
                criminal sanctions, to reduce the likelihood of further 
                criminal behavior.
            (2) Prohibition on use of amounts.--
                    (A) Definitions.--In this paragraph:
                            (i) Alien.--The term ``alien'' has the same 
                        meaning as in section 101(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1101(a)).
                            (ii) Secure detention facility; secure 
                        correctional facility.--The terms ``secure 
                        detention facility'' and ``secure correctional 
                        facility'' have the same meanings as in section 
                        103 of the Juvenile Justice and Delinquency 
                        Prevention Act of 1974 (42 U.S.C. 5603).
                    (B) Prohibition.--No amounts made available under 
                this subtitle may be used for any program that permits 
                the placement of status offenders, alien juveniles in 
                custody, or nonoffender juveniles (such as dependent, 
                abused, or neglected children) in secure detention 
                facilities or secure correctional facilities.
    (g) Grant Limitations.--Not more than 3 percent of the amounts made 
available to the Attorney General or a grant recipient under this 
section may be used for administrative purposes.
    (h) Federal Share.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Federal share of a grant made under this section may not exceed 
        90 percent of the total estimated costs of the program 
        described in the comprehensive plan submitted under subsection 
        (d)(3) for the fiscal year for which the program receives 
assistance under this section.
            (2) Waiver.--The Attorney General may waive, in whole or in 
        part, the requirements of paragraph (1).
            (3) In-kind contributions.--For purposes of paragraph (1), 
        in-kind contributions may constitute any portion of the non-
        Federal share of a grant under this section.
    (i) Report and Evaluation.--
            (1) Report to the attorney general.--Not later than October 
        1, 2002, and October 1 of each year thereafter, each grant 
        recipient under this section shall submit to the Attorney 
        General a report that describes, for the year to which the 
        report relates, any progress achieved in carrying out the 
        comprehensive plan of the grant recipient.
            (2) Evaluation and report to congress.--Not later than 
        March 1, 2003, and March 1 of each year thereafter, the 
        Attorney General shall submit to Congress an evaluation and 
        report that contains a detailed statement regarding grant 
        awards, activities of grant recipients, a compilation of 
        statistical information submitted by grant recipients under 
        this section, and an evaluation of programs established by 
        grant recipients under this section.
            (3) Criteria.--In assessing the effectiveness of the 
        programs established and operated by grant recipients pursuant 
        to this section, the Attorney General shall consider--
                    (A) a comparison between the number of first time 
                offenders who received a sanction for criminal behavior 
                in the jurisdiction of the grant recipient before and 
                after initiation of the program;
                    (B) changes in the recidivism rate for first time 
                offenders in the jurisdiction of the grant recipient;
                    (C) a comparison of the recidivism rates and the 
                seriousness of future offenses of first time offenders 
                in the jurisdiction of the grant recipient that receive 
                a sanction and those who do not;
                    (D) changes in truancy rates of the public schools 
                in the jurisdiction of the grant recipient; and
                    (E) changes in the arrest rates for vandalism and 
                other property crimes in the jurisdiction of the grant 
                recipient.
            (4) Documents and information.--Each grant recipient under 
        this section shall provide the Attorney General with all 
        documents and information that the Attorney General determines 
        to be necessary to conduct an evaluation of the effectiveness 
        of programs funded under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section from the Violent Crime Reduction 
Trust Fund--
            (1) such sums as may be necessary for each of fiscal years 
        2002 and 2003; and
            (2) $175,000,000 for each of fiscal years 2004 and 2005.

SEC. 1403. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
            (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (in this section referred to as the ``program'') 
        to encourage and 
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support communities that adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
            (2) Program.--In carrying out the program, the Attorney 
        General shall--
                    (A) make and track grants to grant recipients (in 
                this section referred to as ``coalitions'');
                    (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                    (C) provide for the general administration of the 
                program.
            (3) Administration.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall appoint an 
        Administrator (in this section referred to as the 
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1 
                or more representatives of--
                            (i) the local police department or 
                        sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) the United States Attorney's office;
                            (iv) the Federal Bureau of Investigation;
                            (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                            (vi) State or local probation officers;
                            (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                            (viii) schools;
                            (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups; and
                            (x) social service agencies involved in 
                        crime prevention.
                    (B) Other participants.--If possible, in addition 
                to the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                            (i) representatives from the business 
                        community; and
                            (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                            (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
                        departments, prosecutors, and local community 
                        leaders to focus on the suppression of violent 
                        juvenile crime involving gangs;
                            (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                            (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                            (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and 
                        report outcomes consistent with common 
                        indicators and evaluation protocols established 
                        by the Administrator and which receives the 
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
                        evaluated on a regular basis to assess progress 
in reducing violent juvenile crime.
            (5) Grant amounts.--
                    (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                    (B) Nonsupplanting requirement.--A coalition 
                seeking funds shall provide reasonable assurances that 
                funds made available under this program to States or 
                units of local government shall be so used as to 
                supplement and increase (but not supplant) the level of 
                the State, local, and other non-Federal funds that 
                would in the absence of such Federal funds be made 
                available for programs described in this section, and 
                shall in no event replace such State, local, or other 
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice to the grant recipient and an 
                opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (E), 
                the Administrator may award a renewal grant to a grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                    (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
            (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
            (7) Congressional consultation.--Two years after the date 
        of implementation of the program established in this section, 
        the General Accounting Office shall submit a report to Congress 
        reviewing the ef
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fectiveness of the program in suppressing and 
        reducing violent juvenile crime in the participating 
        communities. The report shall contain an analysis of each 
        community participating in the program, along with information 
        regarding the plan undertaken in the community, and the 
        effectiveness of the plan in reducing violent juvenile crime. 
        The report shall contain recommendations regarding the efficacy 
        of continuing the program.
    (b) Information Collection and Dissemination With Respect to 
Coalitions.--
            (1) Coalition information.--For the purpose of audit and 
        examination, the Administrator--
                    (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                    (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
            (2) Reporting.--The Administrator shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section, $3,000,000 in each of fiscal years 2002, 2003, and 2004.

SEC. 1404. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
              ALIEN OFFENDERS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
            (2) in subsection (b), by inserting ``(including any 
        juvenile alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
            (3) by adding at the end the following:
    ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as that term is defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1103)) who has been 
adjudicated delinquent and committed to a correctional facility by a 
State or locality as a juvenile offender.''.

     Subtitle E--Ballistics, Law Assistance, and Safety Technology

SEC. 1501. SHORT TITLE.

    This subtitle may be cited as the ``Ballistics, Law Assistance, and 
Safety Technology Act'' (``BLAST'').

SEC. 1502. PURPOSES.

    The purposes of this subtitle are--
            (1) to increase public safety by assisting law enforcement 
        in solving more gun-related crimes and offering prosecutors 
        evidence to link felons to gun crimes through ballistics 
        technology;
            (2) to provide for ballistics testing of all new firearms 
        for sale to assist in the identification of firearms used in 
        crimes;
            (3) to require ballistics testing of all firearms in 
        custody of Federal agencies to assist in the identification of 
        firearms used in crimes; and
            (4) to add ballistics testing to existing firearms 
        enforcement programs.

SEC. 1503. DEFINITION OF BALLISTICS.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(35) Ballistics.--The term `ballistics' means a 
        comparative analysis of fired bullets and cartridge casings to 
        identify the firearm from which bullets were discharged, 
        through identification of the unique characteristics that each 
        firearm imprints on bullets and cartridge casings.''.

 SEC. 1504. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.

    (a) Amendment.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) In addition to the other licensing requirements under this 
section, a licensed manufacturer or licensed importer shall--
            ``(A) test fire firearms manufactured or imported by such 
        licensees as specified by the Secretary by regulation;
            ``(B) prepare ballistics images of the fired bullet and 
        cartridge casings from the test fire;
            ``(C) make the records available to the Secretary for entry 
        in a computerized database; and
            ``(D) store the fired bullet and cartridge casings in such 
        a manner and for such a period as specified by the Secretary by 
        regulation.
    ``(2) Nothing in this subsection creates a cause of action against 
any Federal firearms licensee or any other person for any civil 
liability except for imposition of a civil penalty under this section.
    ``(3)(A) The Attorney General and the Secretary shall assist 
firearm manufacturers and importers in complying with paragraph (1) 
through--
            ``(i) the acquisition, disposition, and upgrades of 
        ballistics equipment and bullet recovery equipment to be placed 
        at or near the sites of licensed manufacturers and importers;
            ``(ii) the hiring or designation of personnel necessary to 
        develop and maintain a database of ballistics images of fired 
        bullets and cartridge casings, research and evaluation;
            ``(iii) providing education about the role of ballistics as 
        part of a comprehensive firearm crime reduction strategy;
            ``(iv) providing for the coordination among Federal, State, 
        and local law enforcement and regulatory agencies and the 
        firearm industry to curb firearm-related crime and illegal 
        firearm trafficking; and
            ``(v) any other steps necessary to make ballistics testing 
        effective.
    ``(B) The Attorney General and the Secretary shall--
            ``(i) establish a computer system through which State and 
        local law enforcement agencies can promptly access ballistics 
        records stored under this subsection, as soon as such a 
        capability is available; and
            ``(ii) encourage training for all ballistics examiners.
    ``(4) Not later than 1 year after the date of enactment of this 
subsection and annually thereafter, the Attorney General and the 
Secretary shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives a 
report regarding the impact of this section, including--
            ``(A) the number of Federal and State criminal 
        investigations, arrests, indictments, and prosecutions of all 
        cases in which access to ballistics records provided under this 
        section served as a valuable investigative tool;
            ``(B) the extent to which ballistics records are accessible 
        across jurisdictions; and
            ``(C) a statistical evaluation of the test programs 
        conducted pursuant to section 1506 of the Ballistics, Law 
        Assistance, and State Technology Act.
    ``(5) There is authorized to be appropriated to the Department of 
Justice and the Department of the Treasury for each of fiscal years 
2002 through 2005, $20,000,000 to carry out this subsection, 
including--
            ``(A) installation of ballistics equipment and bullet 
        recovery equipment;
            ``(B) establishment of sites for ballistics testing;
            ``(C) salaries and expenses of necessary personnel; and
            ``(D) research and evaluation.
    ``(6) The Secretary and the Attorney General shall conduct 
mandatory ballistics testing of all firearms obtained or in the 
possession of their respective agencies.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) take effect on the date 
2000
on 
        which the Attorney General and the Secretary of the Treasury, 
        in consultation with the Board of the National Integrated 
        Ballistics Information Network, certify that the ballistics 
        systems used by the Department of Justice and the Department of 
        the Treasury are sufficiently interoperable to make mandatory 
        ballistics testing of new firearms possible.
            (2) Effective on date of enactment.--Section 923(m)(6) of 
        title 18, United States Code, as added by subsection (a), shall 
        take effect on the date of enactment of this Act.

SEC. 1505. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

    Ballistics information of individual guns in any form or database 
established by this Act may not be used for--
            (1) prosecutorial purposes unless law enforcement officials 
        have a reasonable belief that a crime has been committed and 
        that ballistics information would assist in the investigation 
        of that crime; or
            (2) the creation of a national firearms registry of gun 
        owners.

SEC. 1506. DEMONSTRATION FIREARM CRIME REDUCTION STRATEGY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Treasury and the Attorney General 
shall establish in the jurisdictions selected under subsection (c), a 
comprehensive firearm crime reduction strategy that meets the 
requirements of subsection (b).
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for ballistics testing, in accordance with 
        criteria set forth by the National Integrated Ballistics 
        Information Network, of all firearms recovered during criminal 
        investigations, in order to--
                    (A) identify the types and origins of the firearms;
                    (B) identify suspects; and
                    (C) link multiple crimes involving the same 
                firearm;
            (2) require that all identifying information relating to 
        firearms recovered during criminal investigations be promptly 
        submitted to the Secretary of the Treasury, in order to 
        identify the types and origins of the firearms and to identify 
        illegal firearms traffickers;
            (3) provide for coordination among Federal, State, and 
        local law enforcement officials, firearm examiners, 
        technicians, laboratory personnel, investigators, and 
        prosecutors in the tracing and ballistics testing of firearms 
        and the investigation and prosecution of firearms-related 
        crimes including illegal firearms trafficking; and
            (4) require analysis of firearm tracing and ballistics data 
        in order to establish trends in firearm-related crime and 
        firearm trafficking.
    (c) Participating Jurisdictions.--
            (1) In general.--The Secretary of the Treasury and the 
        Attorney General shall select not fewer than 10 jurisdictions 
        for participation in the program under this section.
            (2) Considerations.--In selecting jurisdictions under this 
        subsection, the Secretary of the Treasury and the Attorney 
        General shall give priority to jurisdictions that--
                    (A) participate in comprehensive firearm law 
                enforcement strategies, including programs such as the 
                Youth Crime Gun Interdiction Initiative, Project 
                Achilles, Project Disarm, Project Triggerlock, Project 
                Exile, Project Surefire, and Operation Ceasefire;
                    (B) draft a plan to share ballistics records with 
                nearby jurisdictions that require ballistics testing of 
                firearms recovered during criminal investigations; and
                    (C) pledge to match Federal funds for the expansion 
                of ballistics testing on a one-on-one basis.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2002 through 2005, $20,000,000 to 
carry out this section, including--
            (1) installation of ballistics equipment; and
            (2) salaries and expenses for personnel (including 
        personnel from the Department of Justice and the Bureau of 
        Alcohol, Tobacco, and Firearms).

           Subtitle F--Offender Reentry and Community Safety

SEC. 1601. SHORT TITLE.

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

SEC. 1602. FINDINGS.

    Congress finds the following:
            (1) There are now nearly 1,900,000 individuals in our 
        country's prisons and jails, including over 140,000 individuals 
        under the jurisdiction of the Federal Bureau of Prisons.
            (2) Enforcement of offender violations of conditions of 
        releases has sharply increased the number of offenders who 
        return to prison--while revocations comprised 17 percent of 
        State prison admissions in 1980, they rose to 36 percent in 
        1998.
            (3) Although prisoners generally are serving longer 
        sentences than they did a decade ago, most eventually reenter 
        communities; for example, in 1999, approximately 538,000 State 
        prisoners and over 50,000 Federal prisoners, a record number, 
        were returned to American communities. Approximately 100,000 
        State offenders who returned to communities received no 
        supervision whatsoever.
            (4) Historically, two-thirds of returning State prisoners 
        have been rearrested for new crimes within three years, so 
        these individuals pose a significant public safety risk and a 
        continuing financial burden to society.
            (5) A key element to effective post-incarceration 
        supervision is an immediate, predetermined, and appropriate 
        response to violations of the conditions of supervision.
            (6) An estimated 187,000 State and Federal prison inmates 
        have been diagnosed with mental health problems; about 70 
        percent of State prisoners and 57 percent of Federal prisoners 
        have a history of drug use or abuse; and nearly 75 percent of 
        released offenders with heroin or cocaine problems return to 
        using drugs within three months if untreated; however, few 
        States link prison mental health treatment programs with those 
        in the return community.
            (7) Between 1987 and 1997, the volume of juvenile 
        adjudicated cases resulting in court-ordered residential 
        placements rose 56 percent. In 1997 alone, there were a total 
        of 163,200 juvenile court-ordered residential placements. The 
        steady increase of youth exiting residential placement has 
        strained the juvenile justice aftercare system, however, 
        without adequate supervision and services, youth are likely to 
        relapse, recidivate, and return to confinement at the public's 
        expense.
            (8) Emerging technologies and multidisciplinary community-
        based strategies present new opportunities to alleviate the 
        public safety risk posed by released prisoners while helping 
        offenders to reenter their communities successfully.

 SEC. 1603. 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
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 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.

             PART 1--FEDERAL REENTRY DEMONSTRATION PROJECTS

SEC. 1611. FEDERAL REENTRY CENTER DEMONSTRATION.

    (a) Authority and Establishment of Demonstration Project.--From 
funds made available to carry out this section, the Attorney General, 
in consultation with the Director of the Administrative Office of the 
United States Courts, shall establish the Federal Reentry Center 
Demonstration project. The project shall involve appropriate prisoners 
from the Federal prison population and shall utilize community 
corrections facilities, home confinement, 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 
        facility, who shall initially meet with the prisoner to develop 
        a reentry plan tailored to the needs of the prisoner 
and incorporating victim impact information, and will thereafter meet 
regularly to monitor the prisoner's progress toward reentry and 
coordinate access to appropriate reentry measures and resources;
            (2) regular drug testing, as appropriate;
            (3) a system of graduated levels of supervision within the 
        community corrections facility 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 
        educational training, life skills instruction, conflict 
        resolution skills training, batterer intervention programs, 
        assistance obtaining suitable affordable housing, 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' reentry plan.
    (c) Probation Officers.--From funds made available to carry out 
this section, the Director of the Administrative Office of the United 
States Courts shall assign one or more probation officers from each 
participating judicial district to the Reentry Demonstration project. 
Such officers shall be assigned to and stationed at the community 
corrections facility and shall serve on the Reentry Review Teams.
    (d) Project Duration.--The Reentry Center Demonstration project 
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 
participant prisoners to complete their involvement in the project.
    (e) Selection of Districts.--The Attorney General, in consultation 
with the Judicial Conference of the United States, shall select an 
appropriate number of Federal judicial districts in which to carry out 
the Reentry Center Demonstration project.
    (f) Coordination of Projects.--The Attorney General, may, if 
appropriate, include in the Reentry Center Demonstration project 
offenders who participated in the Enhanced In-Prison Vocational 
Assessment and Training Demonstration project established by section 
1615 of this Act.

SEC. 1612. FEDERAL HIGH-RISK OFFENDER REENTRY DEMONSTRATION.

    (a) Authority and Establishment of Demonstration Project.--From 
funds made available 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 High-Risk Offender 
Reentry Demonstration project. The project shall involve Federal 
offenders under supervised release who have previously violated the 
terms of their release following a term of imprisonment and shall 
utilize, as appropriate and indicated, community corrections 
facilities, 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 previously 
        violated the terms of their release following a term of 
        imprisonment;
            (2) use of community corrections facilities 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 
        educational training, life skills instruction, conflict 
        resolution skills training, batterer intervention programs, and 
        other programming to promote effective reintegration into the 
        community as appropriate;
            (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 reentry plan.
    (c) Mandatory Condition of Supervised Release.--In each of the 
judicial districts in which the demonstration project is in effect, 
appropriate offenders who are found to have violated a previously 
imposed term of supervised release and who will be subject to some 
additional term of supervised release, shall be designated to 
participate in the demonstration project. With respect to these 
offenders, the court shall impose additional mandatory conditions of 
supervised release that each offender shall, as directed by the 
probation officer, reside at a community corrections facility or 
participate in a program of home confinement, or both, and submit to 
appropriate monitoring, and otherwise participate in the project.
    (d) Project Duration.--The Federal High-Risk Offender Reentry 
Demonstration shall begin not later than six 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 six months 
2000
to 
enable participating prisoners to complete their involvement in the 
project.
    (e) Selection of Districts.--The Judicial Conference of the United 
States, in consultation with the Attorney General, shall select an 
appropriate number of Federal judicial districts in which to carry out 
the Federal High-Risk Offender Reentry Demonstration project.

SEC. 1613. DISTRICT OF COLUMBIA INTENSIVE SUPERVISION, TRACKING, AND 
              REENTRY TRAINING (DC ISTART) DEMONSTRATION.

    (a) Authority and Establishment of Demonstration Project.--From 
funds made available to carry out this section, the Trustee of the 
Court Services and Offender Supervision Agency of the District of 
Columbia, as authorized by the National Capital Revitalization and Self 
Government Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712) 
shall establish the District of Columbia Intensive Supervision, 
Tracking and Reentry Training Demonstration (DC iSTART) project. The 
project shall involve high risk District of Columbia parolees who would 
otherwise be released into the community without a period of 
confinement in a community corrections facility and shall utilize 
intensive supervision, monitoring, and programming to promote such 
parolees' successful reentry into the community.
    (b) Project Elements.--The project authorized by subsection (a) 
shall include--
            (1) participation by appropriate high risk parolees;
            (2) use of community corrections facilities and home 
        confinement;
            (3) a Reentry Review Team that includes a victim witness 
        professional for each parolee which shall meet with the 
        parolee--by video conference or other means as appropriate--
        before the parolee's release 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, 
        encourage victim restitution, 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 
        educational training, life skills instruction, conflict 
        resolution skills training, batterer intervention programs, 
        assistance obtaining suitable affordable housing, and other 
        programming to promote effective reintegration into the 
        community as needed and indicated;
            (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. 1614. FEDERAL INTENSIVE SUPERVISION, TRACKING, AND REENTRY 
              TRAINING (FED ISTART) DEMONSTRATION.

    (a) Authority and Establishment of Demonstration Project.--From 
funds made available to carry out this section, the Director of the 
Administrative Office of the United States Courts shall establish the 
Federal Intensive Supervision, Tracking and Reentry Training 
Demonstration (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 
facility.
    (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 
        educational training, life skills instruction, conflict 
        resolution skills training, batterer intervention programs, 
        assistance obtaining suitable affordable housing, 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 Demonstration shall begin not later than 6 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 six 
months to enable participating prisoners to complete their involvement 
in the project.
    (d) Selection of Districts.--The Judicial Conference of the United 
States, in consultation with the Attorney General, shall select an 
appropriate number of Federal judicial districts in which to carry out 
the Federal Intensive Supervision, Tracking and Reentry Training 
Demonstration project.

SEC. 1615. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT AND 
              TRAINING DEMONSTRATION.

    (a) Authority and Establishment of Demonstration Project.--From 
funds made available to carry out this section, the Attorney General 
shall establish the Federal Enhanced In-Prison Vocational Assessment 
and Training Demonstration project in selected institutions. The 
project shall provide in-prison assessments of prisoners' vocational 
needs and aptitudes, enhanced work skills development, enhanced release 
readiness programming, and other components as appropriate to prepare 
Federal prisoners for release and reentry into the community.
    (b) Program Duration.--The Enhanced In-Prison Vocational Assessment 
and Training Demonstration shall begin not later than six 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. 1616. RESEARCH AND REPORTS TO CONGRESS.

    (a) Attorney General.--Not later than 2 years after the enactment 
of this Act, the Attorney General shall report to Congress on the 
progress of the demonstration projects authorized by sections 1611 and 
1615. Not later than 1 year after the end of the demonstration projects 
authorized by sections 1611 and 1615, the Director of the Federal 
Bureau of Prisons shall report to Congress on the effectiveness of the 
reentry projects authorized by se
2000
ctions 1611 and 1615 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 in the House of Representatives and the 
Senate.
    (b) Administrative Office of the United States Courts.--Not later 
than 2 years after the enactment of this Act, Director of the 
Administrative Office of the United States Courts shall report to 
Congress on the progress of the demonstration projects authorized by 
sections 1612 and 1614. Not later than 180 days after the end of the 
demonstration projects authorized by sections 1612 and 1614, 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 1612 and 1614 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 in the House of Representatives and the 
Senate.
    (c) DC ISTART.--Not later than 2 years after the 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 (Pub. Law 105-33; 111 Stat. 712) 
shall report to Congress on the progress of the demonstration project 
authorized by section 1613 of this Act. Not later than 1 year after the 
end of the demonstration project authorized by section 1613, 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 (Pub. Law 105-33; 111 Stat. 712) 
shall report to Congress on the effectiveness of the reentry project 
authorized by section 1613 of this Act on post-release outcomes and 
recidivism. The report shall address post-release outcomes and 
recidivism for a period of three years following release from custody. 
The reports submitted pursuant to this section shall be submitted to 
the Committees on the Judiciary in 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 (Pub. Law 105-33; 111 Stat. 712) is 
not in operation 1 year after the 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 (Pub. Law 
105-33; 111 Stat. 712).

SEC. 1617. DEFINITIONS.

    In this part--
            (1) 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; and
            (2) 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.

SEC. 1618. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this part, there are authorized to be appropriated, to 
remain available until expended, the following amounts:
            (1) To the Federal Bureau of Prisons--
                    (A) $1,375,000 for fiscal year 2002;
                    (B) $1,110,000 for fiscal year 2003;
                    (C) $1,130,000 for fiscal year 2004;
                    (D) $1,155,000 for fiscal year 2005; and
                    (E) $1,230,000 for fiscal year 2006.
            (2) To the Federal Judiciary--
                    (A) $3,380,000 for fiscal year 2002;
                    (B) $3,540,000 for fiscal year 2003;
                    (C) $3,720,000 for fiscal year 2004;
                    (D) $3,910,000 for fiscal year 2005; and
                    (E) $4,100,000 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 (Pub. Law 105-33; 111 Stat. 712)--
                    (A) $4,860,000 for fiscal year 2002;
                    (B) $4,510,000 for fiscal year 2003;
                    (C) $4,620,000 for fiscal year 2004;
                    (D) $4,740,000 for fiscal year 2005; and
                    (E) $4,860,000 for fiscal year 2006.

                  PART 2--STATE REENTRY GRANT PROGRAMS

SEC. 1621. 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 CC the following new part:
    ``PART DD--OFFENDER REENTRY AND COMMUNITY SAFETY

``SEC. 2951. 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) providing returning offenders with drug and alcohol 
        testing and treatment and mental health assessment and 
        services;
            ``(3) convening community impact panels, victim impact 
        panels or victim impact educational classes;
            ``(4) providing and coordinating the delivery of other 
        community services to offenders such as housing assistance, 
        education, employment training, conflict resolution skills 
        training, batterer intervention programs, and other social 
        services as appropriate; and
            ``(5) 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 subsection 
(a)--
            ``(1) shall prepare the application as required under 
        subsection (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 
2000

this title may not exceed 25 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 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 $40,000,000 in fiscal years 2002 and 
        2003; and such sums as may be necessary for each of the fiscal 
        years 2004, 2005, and 2006.
            ``(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. 2952. STATE AND LOCAL REENTRY COURTS.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
of up to $500,000 to State and local courts or state agencies, 
municipalities, public agencies, nonprofit organizations, and tribes 
that have agreements with courts to take the lead in establishing a 
reentry court. Funds may be expended by the projects for the following 
purposes:
            ``(1) monitoring offenders returning to the community;
            ``(2) providing returning offenders with drug and alcohol 
        testing and treatment and mental and medical health assessment 
        and services;
            ``(3) convening community impact panels, victim impact 
        panels, or victim impact educational classes;
            ``(4) providing and coordinating the delivery of other 
        community services to offenders, such as housing assistance, 
        education, employment training, conflict resolution skills 
        training, batterer intervention programs, and other social 
        services as appropriate; and
            ``(5) 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, including existing community 
        corrections and parole, and there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            ``(4) describe the methodology and outcome measures that 
        will be used in evaluation of the program.
    ``(c) Applicants.--The applicants as designated under subsection 
(a)--
            ``(1) shall prepare the application as required under 
        subsection (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 25 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 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 $10,000,000 in fiscal years 2002 and 
        2003, and such sums as may be necessary for each of the fiscal 
        years 2004, 2005, and 2006.
            ``(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. 2953. JUVENILE OFFENDER STATE AND LOCAL REENTRY PROGRAMS.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
of up to $250,000 to States, in partnership with local units of 
governments or nonprofit organizations, for the purpose of establishing 
juvenile offender reentry programs. Funds may be expended by the 
projects for--
            ``(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, 
        conflict resolution skills training, batterer intervention 
        programs, employment training and placement, efforts to 
        identify suitable living arrangements, family involvement and 
        support, and other services.
    ``(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 subsection 
(a)--
            ``(1) shall prepare the application as required under 
        subsection (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 Federa
2000
l share of a grant received under 
this title may not exceed 25 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 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 $5,000,000 in fiscal years 2002 and 
        2003, and such sums as are necessary for each of the fiscal 
        years 2004, 2005, and 2006.
            ``(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. 2954. 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 $5,000,000 in fiscal years 2002 
and 2003, and such sums as are necessary to carry out this section in 
fiscal years 2004, 2005, and 2006.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended, is amended by inserting after the matter relating to 
part CC the following:

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

        ``Sec. 2951. Adult Offender State and Local Reentry 
                            Partnerships.
        ``Sec. 2952. State and Local Reentry Courts.
        ``Sec. 2953. Juvenile Offender State and Local Reentry 
                            Programs.
        ``Sec. 2954. State Reentry Program Research and Evaluation.''.

           TITLE II--STRENGTHENING THE FEDERAL CRIMINAL LAWS

                  Subtitle A--Combating Gang Violence

         PART 1--ENHANCED PENALTIES FOR GANG-RELATED ACTIVITIES

SEC. 2101. GANG FRANCHISING.

    Chapter 26 of title 18, United States Code, is amended by adding at 
the end the following:

``SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL STREET GANGS.

    ``(a) Prohibited Act.--Whoever travels in interstate or foreign 
commerce, or causes another to do so, to recruit, solicit, induce, 
command, or cause to create, or attempt to create a franchise of a 
criminal street gang shall be punished in accordance with subsection 
(c).
    ``(b) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given that term in section 521.
            ``(2) Franchise.--The term `franchise' means an organized 
        group of individuals related by name, moniker, or other 
        identifier, that engages in coordinated violent crime or drug 
        trafficking activities in interstate or foreign commerce with a 
        criminal street gang in another State.
    ``(c) Penalties.--A person who violates subsection (a) shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.

SEC. 2102. ENHANCED PENALTY FOR USE OR RECRUITMENT OF MINORS IN GANGS.

    (a) In General.--Chapter 26 of title 18, United States Code, as 
amended by section 2101 of this title, is amended by adding at the end 
the following:
``Sec. 523. Sentencing enhancement for use or recruitment of minors
    ``Pursuant to its authority under section 994(p) of title 28, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines to provide an appropriate enhancement for the use of minors 
in a criminal street gang and the recruitment of minors in furtherance 
of the creation of a criminal street gang franchise.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 26 of 
title 18, United States Code, is amended by adding at the end the 
following:

``522. Interstate franchising of criminal street gangs.
``523. Sentencing enhancement for use or recruitment of minors.''.

SEC. 2103. GANG FRANCHISING AS A RICO PREDICATE.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting ``, or (G) an offense under section 522 of 
        this title'' before the semicolon at the end.

SEC. 2104. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG 
              MEMBER.

    (a) Definition of Criminal Street Gang.--In this section, the term 
``criminal street gang'' has the same meaning as in section 521(a) of 
title 18, United States Code.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate enhancement with respect to any offense 
committed in connection with, or in furtherance of, the activities of a 
criminal street gang if the defendant is a member of the criminal 
street gang at the time of the offense.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2105. ENHANCED PENALTY FOR DISCHARGE OF FIREARMS IN RELATION TO 
              COUNTS OF VIOLENCE OR DRUG TRAFFICKING CRIMES.

    (a) Definitions.--In this section, the terms ``crime of violence'' 
and ``drug trafficking crime'' have the same meanings as in section 
924(c) of title 18, United States Code.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentence enhancement with respect to any 
defendant who discharges a firearm during or in relation to any crime 
of violence or any drug trafficking crime.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2106. PUNISHMENT OF ARSON OR BOMBING AT FACILITIES RECEIVING 
              FEDERAL FINANCIAL ASSISTANCE.

    Section 844(f)(1) of title 18, United States Code, is amended by 
inserting ``or any institution or organization receiving Federal 
financial assistance'' after ``or agency thereof,''.

SEC. 2107. ELIMINATION OF STATUTE OF LIMITATIONS FOR MURDER.

    (a) In General.--Section 3281 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3281. Capital offenses and Class A felonies involving murder
    ``An indictment for any offense punishable by death or an 
indictment or information for a Class A felony involving murder (as 
defined in section 1111 or as defined under applicable State law in the 
case of an offense under secti
2000
on 1963(a) involving racketeering 
activity described in section 1961(1)) may be found at any time without 
limitation.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.

SEC. 2108. EXTENSION OF STATUTE OF LIMITATIONS FOR VIOLENT AND DRUG 
              TRAFFICKING CRIMES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3296. Class A violent and drug trafficking offenses
    ``Except as provided in section 3281, no person shall be 
prosecuted, tried, or punished for a Class A felony that is a crime of 
violence or a drug trafficking crime (as that term is defined in 
section 924(c)) unless the indictment is returned or the information is 
filed within 10 years after the commission of the offense.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.
    (c) Conforming Amendments.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended--
            (1) in the item relating to section 3281, by inserting 
        ``and Class A felonies involving murder'' before the period; 
        and
            (2) by adding at the end the following:

``3296. Class A violent and drug trafficking offenses.''.

SEC. 2109. INCREASED PENALTIES UNDER THE RICO LAW FOR GANG AND VIOLENT 
              CRIMES.

    Section 1963(a) of title 18, United States Code, is amended by 
striking ``or imprisoned not more than 20 years (or for life if the 
violation is based on a racketeering activity for which the maximum 
penalty includes life imprisonment), or both,'' and inserting ``or 
imprisoned not more than the greater of 20 years or the statutory 
maximum term of imprisonment (other than the penalty of death) 
applicable to a racketeering activity on which the violation is based, 
or both,''.

SEC. 2110. INCREASED PENALTY AND BROADENED SCOPE OF STATUTE AGAINST 
              VIOLENT CRIMES IN AID OF RACKETEERING.

    Section 1959(a) of title 18, United States Code, is amended--
            (1) by inserting ``or commits any other crime of violence'' 
        before ``or threatens to commit a crime of violence'';
            (2) in paragraph (4), by inserting ``committing any other 
        crime of violence or for'' before ``threatening to commit a 
        crime of violence'', and by striking ``five'' and inserting 
        ``ten'';
            (3) in paragraph (5), by striking ``for not more than ten 
        years'' and inserting ``for any term of years or for life'';
            (4) in paragraph (6), by--
                    (A) striking ``or'' before ``assault resulting in 
                serious bodily injury'';
                    (B) inserting ``or any other crime of violence'' 
                after ``assault resulting in serious bodily injury''; 
                and
                    (C) striking ``three'' and inserting ``10''; and
            (5) by inserting ``(as defined in section 1365 of this 
        title)'' after ``serious bodily injury'' the first place that 
        term appears.

SEC. 2111. FACILITATING THE PROSECUTION OF CARJACKING OFFENSES.

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

SEC. 2112. FACILITATION OF RICO PROSECUTIONS.

    Section 1962(d) of title 18, United States Code, is amended by 
adding at the end the following: ``For purposes of this subsection, it 
is not necessary to establish that the defendant personally committed 
an act of racketeering activity.''.

SEC. 2113. ASSAULT AS A RICO PREDICATE.

    Section 1961(1)(A) of title 18, United States Code, is amended by 
adding after ``extortion,'' ``assault''.

SEC. 2114. EXPANSION OF DEFINITION OF ``RACKETEERING ACTIVITY'' TO 
              AFFECT GANGS IN INDIAN COUNTRY.

    Section 1961(1)(A) of title 18, United States Code, is amended by 
inserting ``or, with respect to an act or threat occurring solely in 
Indian country, as defined in section 1151 of this title, Federal'' 
after ``chargeable under State''.

SEC. 2115. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF RIOT 
              OFFENSES.

    Section 2101(a) of title 18, United States Code, is amended by 
striking ``paragraph--'' and all that follows through the end of the 
subsection and inserting ``shall be fined under this title--
            ``(i) if death results from such act, be imprisoned for any 
        term of years or for life, or both;
            ``(ii) if serious bodily injury (as defined in section 1365 
        of this title) results from such act, be imprisoned for not 
        more than 20 years, or both; or
            ``(iii) in any other case, be imprisoned for not more than 
        5 years, or both''.

SEC. 2116. EXPANSION OF FEDERAL JURISDICTION OVER CRIMES OCCURRING IN 
              PRIVATE PENAL FACILITIES HOUSING FEDERAL PRISONERS OR 
              PRISONERS FROM OTHER STATES.

    Section 1791(d)(4) of title 18, United States Code, is amended by 
inserting before the period at the end the following: ``, including 
privately owned facilities housing Federal prisoners or prisoners who 
are serving a term of imprisonment under a commitment order from a 
State other than the State in which the penal facility is located''.

              PART 2--TARGETING GANG-RELATED GUN OFFENSES

SEC. 2121. TRANSFER OF FIREARM TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by 
inserting ``or having reasonable cause to believe'' after ``knowing''.

SEC. 2122. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARM WITH 
              OBLITERATED SERIAL NUMBER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 2123. AMENDMENT OF THE SENTENCING GUIDELINES FOR TRANSFERS OF 
              FIREARMS TO PROHIBITED PERSONS.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal sentencing guidelines to increase the base offense level for 
offenses subject to section 2K2.1 of those guidelines (Unlawful 
Receipt, Possession, or Firearms or Ammunitions) to assume that a 
person who transferred a firearm or ammunition and who knew or had 
reasonable cause to believe that the transferee was a prohibited person 
is subject to the same base offense level as the transferee. The 
amended guidelines shall not require the same offense level for the 
transferor and transferee to the extent that the transferee's base 
offense level is subject to an additional increase on the basis of a 
past criminal conviction of either a crime of violence or a controlled 
substance offense.

  PART 3--USING AND PROTECTING WITNESSES TO HELP PROSECUTE GANGS AND 
                        OTHER VIOLENT CRIMINALS

SEC. 2131. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR 
              OBSTRUCTION OF JUSTICE.

    Section 1952 of title 18, United States Code, is amended--
            (1) by redesignating subsections (b) and (c) as (c) and 
        (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce with intent 
by bribery, force, intimidation, or threat, directed against any 
person, to delay or influence the testimony of or prevent from 
testifying a witness in a State criminal proceeding or by any such 
means to cause any person to destroy, alter, or conceal a record, 
document, or other object, with intent to impair the object's integrity 
or availability for use in such a proceeding, and thereafter engages or 
endeavors to engage in such conduct, shall--
            ``(1) be fined under this title or imprisoned not more than 
        10 years, or both;
            ``(2) if serious bodi
2000
ly injury (as defined in section 1365) 
        results, be so fined or imprisoned for not more than 20 years, 
        or both; and
            ``(3) if death results, be so fined and imprisoned for any 
        term of years or for life, or both, and may be sentenced to 
        death.''.

SEC. 2132. EXPANDING PRETRIAL DETENTION ELIGIBILITY FOR SERIOUS GANG 
              AND OTHER VIOLENT CRIMINALS.

    (a) In General.--Section 3142(f)(1) of title 18, United States 
Code, is amended by adding at the end the following:
        ``For purposes of subparagraph (D), the term `convicted' 
        includes a finding, under Federal or State law, that a person 
        has committed an act of juvenile delinquency;''.
    (b) Offenses.--Section 3156(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) an offense that is a violation of section 
                842(i)(1) or 922(g)(1) of this title (relating to 
                possession of explosives or firearms by convicted 
                felons).''.
    (c) Factors.--Section 3142(g)(3)(B) of title 18, United States 
Code, is amended--
            (1) by striking ``the person was on probation'' and 
        inserting ``the person was--
                            ``(i) on probation'';
            (2) by striking ``local law; and'' and inserting ``local 
        law; or''; and
            (3) by adding at the end the following:
                            ``(ii) was a member of or participated in a 
                        criminal street gang or racketeering 
                        enterprise; and''.

SEC. 2133. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE OFFENSES 
              INVOLVING VICTIMS, WITNESSES, AND INFORMANTS.

    Section 1512 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Whoever conspires to commit any offense defined in this 
section or section 1513 of this title shall be subject to the same 
penalties as those prescribed for the offense the commission of which 
was the object of the conspiracy.''.

SEC. 2134. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL 
              INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING A 
              PARTICULAR INDIVIDUAL.

    (a) Title 18.--Section 3553(e) of title 18, United States Code, is 
amended by striking ``substantial assistance in the investigation or 
prosecution of another person who has committed an offense'' and 
inserting ``substantial assistance in an investigation of any offense 
or the prosecution of another person who has committed an offense''.
    (b) Title 28.--Section 994(n) of title 28, United States Code, is 
amended by striking ``substantial assistance in the investigation or 
prosecution of another person who has committed an offense'' and 
inserting ``substantial assistance in an investigation of any offense 
or the prosecution of another person who has committed an offense''.
    (c) Federal Rules of Criminal Procedure.--Rule 35(b) of the Federal 
Rules of Criminal Procedure is amended by striking ``substantial 
assistance in the investigation or prosecution of another person who 
has committed an offense'' and inserting ``substantial assistance in an 
investigation of any offense or the prosecution of another person who 
has committed an offense''.

SEC. 2135. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    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, or attempts to do so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; and
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) by striking paragraph (3)(B), as redesignated, 
                and inserting the following:
                    ``(B) an attempt to murder, the use of physical 
                force, the threat of physical force, or an attempt to 
                do so, imprisonment for not more than 20 years.''; and
            (2) in subsection (b), by striking ``or physical force''.

SEC. 2136. EXPANSION OF FEDERAL KIDNAPPING OFFENSE TO COVER WHEN DEATH 
              OF VICTIM OCCURS BEFORE CROSSING STATE LINE AND WHEN 
              FACILITY IN INTERSTATE COMMERCE OR THE MAILS ARE USED.

    Section 1201(a) of title 18, United States Code, is amended--
            (1) by inserting before the semicolon at the end of 
        paragraph (1) the following: ``, without regard to whether such 
        person was alive when transported across a State boundary if 
        the person was alive when the transportation began'';
            (2) by striking ``or'' at the end of paragraph (4); and
            (3) by inserting after paragraph (5) the following:
            ``(6) an individual travels in interstate or foreign 
        commerce in furtherance of the offense; or
            ``(7) the mail or a facility in interstate or foreign 
        commerce is used in furtherance of the offense;''.

SEC. 2137. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or other felony crime of violence against the person'' 
after ``murder''.

SEC. 2138. CLARIFICATION OF INTERSTATE THREAT STATUTE TO COVER THREATS 
              TO KILL.

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

SEC. 2139. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE 
              BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN 
              CERTAIN TYPES OF INVESTIGATIONS.

    Section 1510(b)(3)(B) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the Contro
2000
lled Substances Act (21 
                        U.S.C. 801 et seq.), the Controlled Substances 
                        Import and Export Act (21 U.S.C. 951 et seq.), 
                        or section 6050I of the Internal Revenue Code 
                        of 1986; and
                            ``(iv) section 286, 287, 669, 1001, 1027, 
                        1035, 1341, 1343, 1347, 1518, or 1954 relating 
                        to a Federal health care offense.''.

                       PART 4--GANG PARAPHERNALIA

SEC. 2141. STREAMLINING PROCEDURES FOR LAW ENFORCEMENT ACCESS TO CLONE 
              NUMERIC PAGERS.

    (a) Amendment to Chapter 206.--Chapter 206 of title 18, United 
States Code, is amended--
            (1) in the chapter heading, by striking ``AND TRAP AND 
        TRACE DEVICES'' and inserting: ``TRAP AND TRACE DEVICES, AND 
        CLONE NUMERIC PAGERS'';
            (2) in section 3121--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a)--
                            (i) by striking ``or a trap and trace 
                        device'' each place that term appears and 
                        inserting ``, a trap and trace device, or a 
                        clone pager'';
                            (ii) after ``3123'' by inserting ``or 
                        section 3129''; and
                    (C) in subsections (b) and (c), by striking ``or 
                trap and trace device'' each place that term appears 
                and inserting ``, a trap and trade device or a cone 
                pager'';
            (3) in section 3124--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to use 
a clone pager under this chapter, a provider of a paging service or 
electronic communication service shall furnish such investigative or 
law enforcement officer, all information, facilities, and technical 
assistance necessary to accomplish the use of the clone pager 
unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court provides to the subscriber, if such 
assistance is directed by a court order as provided in section 
3129(b)(2) of this chapter.'';
            (4) in section 3125--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a)--
                            (i) by striking ``or trap and trace 
                        device'' each place that term appears and 
                        inserting ``, a trap and trace device, or a 
                        clone pager''; and
                            (ii) by striking ``an order approving the 
                        installation or use is issued in accordance 
                        with section 3123 of this title'' and inserting 
                        ``an application is made for an order approving 
                        the installation or use in accordance with 
                        section 3123 or section 3128 of this title''; 
                        and
                    (C) in subsection (b), by adding at the end the 
                following: ``In the event such application for the use 
                of a clone pager is denied, or in any other case where 
                the use of the clone pager is terminated without an 
                order having been issued, an inventory shall be served 
                as provided for in section 3129(e).'';
            (5) in section 3126--
                    (A) in the section heading, by striking ``and trap 
                and trace devices'' and inserting ``, trap and trace 
                devices, and clone pagers''; and
                    (B) by striking ``pen register orders and orders 
                for trap and trace devices'' and inserting ``orders for 
                pen registers, trap and trace devices, and clone 
                pagers''; and
            (6) in section 3127--
                    (A) in paragraph (2), by striking ``pen register or 
                a trap and trace device'' and inserting ``pen register, 
                a trap and trace device, or a clone pager'';
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) the term `clone pager' means a numeric display device 
        that receives transmissions intended for another numeric 
        display paging device.''.
    (b) Applications for Orders.--Chapter 206 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
    ``(a) Application.--(1) An attorney for the Government may apply to 
a court of competent jurisdiction for an order or an extension of an 
order under section 3129 of this title authorizing the use of a clone 
pager.
    ``(2) A State investigative or law enforcement officer may, if 
authorized by State law, apply to a court of competent jurisdiction of 
such State for an order or an extension of an order under section 3129 
of this title authorizing the use of a clone pager.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identify of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identify of the law enforcement agency 
        conducting the investigation;
            ``(2) the identify, if known, of the person using the 
        numeric display paging device to be cloned;
            ``(3) a description of the numeric display paging device to 
        be cloned;
            ``(4) the identify, if known, of the person who is the 
        subject of the criminal investigation; and
            ``(5) an affidavit, sworn to before the court of competent 
        jurisdiction, establishing probable cause for belief that 
        information relevant to an ongoing criminal investigation being 
        conducted by that agency will be obtained through use of the 
        clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
    ``(a) In General.--Upon an application made under section 3128 of 
this title, the court shall enter an ex parte order authorizing the use 
of a clone pager within the jurisdiction of the court if the court 
finds that the application has established probable cause to believe 
that information relevant to an ongoing criminal investigation being 
conducted by that agency will be obtained through use of the clone 
pager.
    ``(b) Contents of an Order.--An order issued under this section--
            ``(1) shall specify--
                    ``(A) the identity, if known, of each individual 
                using the numeric display paging device to be cloned;
                    ``(B) the numeric display paging device to be 
                cloned;
                    ``(C) the identity, if known, of the person who is 
                the subject of the criminal investigation; and
                    ``(D) the offense to which the information likely 
                to be obtained by the clone pager relates; and
            ``(2) shall direct, upon the request of the applicant, the 
        furnishing of information, facilities, and technical assistance 
        
2000
necessary to use the clone pager under section 3124 of this 
        title.
    ``(c) Time Period and Extensions.--(1) An order issued under this 
section shall authorize the use of a clone pager for a period not to 
exceed 30 days.
    ``(2) Extensions of an order referred to in paragraph (1) may be 
granted, but only upon an application for an order under section 3128 
of this title and upon the judicial finding required by subsection (a). 
The period of extension shall be for a period not to exceed 30 days.
    ``(3) Within a reasonable time after the termination of the period 
of a clone pager order or any extensions thereof, the applicant shall 
report to the issuing judge the number of numeric pager messages 
acquired through the use of the clone pager during such period.
    ``(d) Nondisclosure of Existence of Clone Pager.--An order 
authorizing the use of a clone pager shall direct that--
            ``(1) the order be sealed until otherwise ordered by the 
        court; and
            ``(2) the person who has been ordered by the court to 
        provide assistance to the applicant not disclose the existence 
        of the clone pager or the existence of the investigation to the 
        listed subscriber, or to any other person, until otherwise 
        ordered by the court.
    ``(e) Notification.--Within a reasonable time but not later than 90 
days after the termination of the period of a clone pager order or any 
extensions thereof, the issuing judge shall cause to be served, on each 
individual using the numeric display paging device which was cloned, an 
inventory including notice of--
            ``(1) the fact of the entry of the order or the 
        application;
            ``(2) the date of the entry and the period of clone pager 
        use authorized, or the denial of the application; and
            ``(3) whether or not information was obtained through the 
        use of the clone pager.
Upon an ex parte showing of good cause, a court of competent 
jurisdiction may in its discretion postpone the serving of the notice 
required by this section.''.
    (c) Conforming Amendment.--The analysis for chapter 206 of title 
18, United States Code, is amended--
            (1) by striking the item relating to section 3121 and 
        inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
                            clone pager use; exception.'';
            (2) by striking the item relating to section 3124 and 
        inserting the following:

``3124. Assistance in installation and use of a pen register, a trap 
                            and trace device, or clone pager.'';
            (3) by striking the item relating to section 3125 and 
        inserting the following:

``3125. Emergency pen register, trap and trace device, and clone pager 
                            installation and use.'';
            (4) by striking the item relating to section 3126 and 
        inserting the following:

``3126. Reports concerning pen registers, trap and trace devices, and 
                            clone pagers.'';
        and
            (5) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager.''.
    (d) Conforming Amendments.--
            (1) Section 2511(2)(h) of title 18, United States Code, is 
        amended by striking clause (i) and inserting the following:
                            ``(i) to use a pen register, a trap and 
                        trace device, or a clone pager (as those terms 
                        are defined for the purposes of chapter 206 
                        (relating to pen registers, trap and trace 
                        devices, and clone pagers) of this title); 
                        or''.
            (2) Section 2510(12) of title 18, United States Code, is 
        amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting ``or'' after subparagraph (D); and
                    (C) by adding at the end the following:
                    ``(E) any transmission made through a clone pager 
                (as defined in section 3127(5) of this title).''.
            (3) Section 705(a) of the Communications Act of 1934 (47 
        U.S.C. 605(a)) is amended by striking ``chapter 119'' and 
        inserting ``chapters 119 and 206''.

SEC. 2142. SENTENCING ENHANCEMENT FOR USING BODY ARMOR IN COMMISSION OF 
              A FELONY.

    (a) Definitions.--In this section:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale as personal protective body covering 
        intended to protect against gunfire, regardless of whether the 
        product is to be worn alone or is sold as a complement to 
        another product or garment; and
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentencing enhancement for any offense in which 
the defendant used body armor.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.
    (d) Applicability.--No Federal sentencing guideline amendment made 
under this section shall apply if the Federal crime in which the body 
armor is used constitutes a violation of, attempted violation of, or 
conspiracy to violate the civil rights of a person by a law enforcement 
officer acting under color of the authority of such law enforcement 
officer.

SEC. 2143. SENTENCING ENHANCEMENT FOR USING LASER SIGHTING DEVICES IN 
              COMMISSION OF A FELONY.

    (a) Definitions.--In this section--
            (1) the term ``firearm'' has the same meaning as in section 
        921 of title 18, United States Code; and
            (2) the term ``laser-sighting device'' includes any device 
        designed to be attached to a firearm that uses technology, such 
        as laser sighting, red-dot-sighting, night sighting, telescopic 
        sighting, or other similarly effective technology, in order to 
        enhance target acquisition.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentencing enhancement for any serious violent 
felony or serious drug offense, as defined in section 3559 of title 18, 
United States Code, in which the defendant--
            (1) possessed a firearm equipped with a laser-sighting 
        device; or
            (2) possessed a firearm and the defendant possessed a 
        laser-sighting device (capable of being readily attached to the 
        firearm).
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2144. GOVERNMENT ACCESS TO LOCATION INFORMATION.

    (a) Court Order Required.--Section 2703 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(g) Requirements for Disclosure of Location Information.--A 
provider of mobile electronic communication service shall provide to a 
gove
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rnmental entity information generated by and disclosing, on a real 
time basis, the physical location of a subscriber's equipment only if 
the governmental entity obtains a court order issued upon a finding 
that there is probable cause to believe that an individual using or 
possessing the subscriber equipment is committing, has committed, or is 
about to commit a felony offense.''.
    (b) Conforming Amendment.--Section 2703(c)(1)(B) of title 18, 
United States Code, is amended by inserting ``or wireless location 
information covered by subsection (g) of this section'' after ``(b) of 
this section''.

SEC. 2145. LIMITATION ON OBTAINING TRANSACTIONAL INFORMATION FROM PEN 
              REGISTERS OR TRAP AND TRACE DEVICES.

    Subsection 3123(a) of title 18, United States Code, is amended to 
read as follows:
    ``(a) In General.--Upon an application made under section 3122, the 
court may enter an ex parte order--
            ``(1) authorizing the installation and use of a pen 
        register or a trap and trace device within the jurisdiction of 
        the court if the court finds, based on the certification by the 
        attorney for the Government or the State law enforcement or 
        investigative officer, that the information likely to be 
        obtained by such installation and use is relevant to an ongoing 
        criminal investigation; and
            ``(2) directing that the use of the pen register or trap 
        and trace device be conducted in such a way as to minimize the 
        recording or decoding of any electronic or other impulses that 
        are not related to the dialing and signaling information 
        utilized in call processing.''.

                 Subtitle B--Combating Money Laundering

SEC. 2201. SHORT TITLE.

    This subtitle may be cited as the ``Money Laundering Enforcement 
Act of 2001''.

SEC. 2202. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Civil Forfeiture for Money Transmitting Violation.--Section 
981(a)(1)(A) of title 18, United States Code, is amended by striking 
``or 1957'' and inserting ``, 1957, or 1960''.
    (b) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(c) Scienter Requirement.--For the purposes of proving a 
violation of this section involving an illegal money transmitting 
business--
            ``(1) it shall be sufficient for the Government to prove 
        that the defendant knew that the money transmitting business 
        lacked a license required by State law; and
            ``(2) it shall not be necessary to show that the defendant 
        knew that the operation of such a business without the required 
        license was an offense punishable as a felony or misdemeanor 
        under State law.''.

SEC. 2203. RESTRAINT OF ASSETS OF PERSONS ARRESTED ABROAD.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3) Restraint of Assets.--
            ``(A) In general.--If any person is arrested or charged in 
        a foreign country in connection with an offense that would give 
        rise to the forfeiture of property in the United States under 
        this section or under the Controlled Substances Act (21 U.S.C. 
        801 et seq.), the Attorney General may apply to any Federal 
        judge or magistrate judge in the district in which the property 
        is located for an ex parte order restraining the property 
        subject to forfeiture for not more than 30 days, except that 
        the time may be extended for good cause shown at a hearing 
        conducted in the manner provided in Rule 43(e) of the Federal 
        Rules of Civil Procedure.
            ``(B) Application.--An application for a restraining order 
        under subparagraph (A) shall--
                    ``(i) set forth the nature and circumstances of the 
                foreign charges and the basis for belief that the 
                person arrested or charged has property in the United 
                States that would be subject to forfeiture; and
                    ``(ii) contain a statement that the restraining 
                order is needed to preserve the availability of 
                property for such time as is necessary to receive 
                evidence from the foreign country or elsewhere in 
                support of probable cause for the seizure of the 
                property under this subsection.''.

SEC. 2204. CIVIL MONEY LAUNDERING JURISDICTION OVER FOREIGN PERSONS.

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

SEC. 2205. PUNISHMENT OF LAUNDERING MONEY THROUGH FOREIGN BANKS.

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

SEC. 2206. ADDITION OF SERIOUS FOREIGN CRIMES TO LIST OF MONEY 
              LAUNDERING PREDICATES.

    (a) In General.--Section 1956(c)(7) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking clause (ii) and inserting the 
                following:
                            ``(ii) any act or acts constituting a crime 
                        of violence;''; and
                    (B) by adding at the end the following:
                            ``(iv) fraud, or any scheme to defraud, 
                        committed against a foreign government or 
                        foreign governmental entity;
                            ``(v) bribery of a public official, or the 
                        misappropriation, theft, or embezzlement of 
                        public funds by or for the benefit of a public 
                        official;
                            ``(vi) smuggling or export control 
                        violations involving munitions listed in the 
                        United States Munitions List or technologies 
                        with military applications as defined in the 
                        Commerce Control List of the Export 
                        Administration Regulations; or
                            ``(vii) an offense with respect to which 
                        the United States would be obligated by a 
                        mult
2000
ilateral treaty either to extradite the 
                        alleged offender or to submit the case for 
                        prosecution, if the offender were found within 
                        the territory of the United States;'';
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 922(l) (relating to the 
                unlawful importation of firearms), section 924(m) 
                (relating to firearms trafficking),'' before ``section 
                956'';
                    (C) by inserting ``section 1030 (relating to 
                computer fraud and abuse),'' before ``1032''; and
                    (D) by inserting ``any felony violation of the 
                Foreign Agents Registration Act of 1938 (22 U.S.C. 611 
                et seq.),'' before ``or any felony violation of the 
                Foreign Corrupt Practices Act''; and
            (3) in subparagraph (E), by inserting ``the Clean Air Act 
        (42 U.S.C. 6901 et seq.),'' after ``the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.),''.

SEC. 2207. CRIMINAL FORFEITURE FOR MONEY LAUNDERING CONSPIRACIES.

    Section 982(a)(1) of title 18, United States Code, is amended by 
inserting ``or a conspiracy to commit any such offense,'' after ``of 
this title,''.

SEC. 2208. FUNGIBLE PROPERTY IN FOREIGN BANK ACCOUNTS.

    Section 984(d) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3) In this subsection, the term `financial institution' includes 
a foreign bank, as defined in section 1(b)(7) of the International 
Banking Act of 1978 (12 U.S.C. 3101(7)).''.

SEC. 2209. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2467. Foreign records
    ``(a) Definitions.--In this section--
            ``(1) the term `business' includes business, institution, 
        association, profession, occupation, and calling of every kind 
        whether or not conducted for profit;
            ``(2) the term `foreign certification' means a written 
        declaration made and signed in a foreign country by the 
        custodian of a record of regularly conducted activity or 
        another qualified person, that if falsely made, would subject 
        the maker to criminal penalty under the law of that country;
            ``(3) the term `foreign record of regularly conducted 
        activity' means a memorandum, report, record, or data 
        compilation, in any form, of acts, events, conditions, 
        opinions, or diagnoses, maintained in a foreign country; and
            ``(4) the term `official request' means a letter rogatory, 
        a request under an agreement, treaty or convention, or any 
        other request for information or evidence made by a court of 
        the United States or an authority of the United States having 
        law enforcement responsibility, to a court or other authority 
        of a foreign country.
    ``(b) Admissibility.--In a civil proceeding in a court of the 
United States, including a civil forfeiture proceeding and a proceeding 
in the United States Claims Court and the United States Tax Court, 
unless the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness, a foreign record of 
regularly conducted activity (or a duplicate of such record), obtained 
pursuant to an official request, shall not be excluded as evidence by 
the hearsay rule if a foreign certification, also obtained pursuant to 
the same official request or subsequent official request that 
adequately identifies such foreign record, attests that--
            ``(1) the foreign record was made, at or near the time of 
        the occurrence of the matters set forth, by (or from 
        information transmitted by) a person with knowledge of those 
        matters;
            ``(2) the foreign record was kept in the course of a 
        regularly conducted business activity;
            ``(3) the business activity made such a record as a regular 
        practice; and
            ``(4) if the foreign record is not the original, the record 
        is a duplicate of the original.
    ``(c) Foreign Certification.--A foreign certification under this 
section shall authenticate a record or duplicate described in 
subsection (b).
    ``(d) Notice.--
            ``(1) In general.--As soon as practicable after a 
        responsive pleading has been filed, a party intending to offer 
        in evidence under this section a foreign record of regularly 
        conducted activity shall provide written notice of that 
        intention to each other party.
            ``(2) Opposition.--A motion opposing admission in evidence 
        of a record under paragraph (1) shall be made by the opposing 
        party and determined by the court before trial. Failure by a 
        party to file such motion before trial shall constitute a 
        waiver of objection to such record, except that the court for 
        cause shown may grant relief from the waiver.''.
    (b) Conforming Amendment.--The analysis for chapter 163 of title 
28, United States Code, is amended by adding at the end the following:

``2467. Foreign records.''.

SEC. 2210. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

    Section 1956(h) of title 18, United States Code, is amended--
            (1) by striking ``(h) Any person'' and inserting the 
        following:
    ``(h) Conspiracy; Multiple Violations.--
            ``(1) Conspiracy.--Any person''; and
            (2) by adding at the end the following:
            ``(2) Multiple violations.--Any person who commits multiple 
        violations of this section or section 1957 that are part of the 
        same scheme or continuing course of conduct may be charged, at 
        the election of the Government, in a single count in an 
        indictment or information.''.

SEC. 2211. VENUE IN MONEY LAUNDERING CASES.

    Section 1956 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Venue.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        prosecution for an offense under this section or section 1957 
        may be brought in any district in which the financial or 
        monetary transaction is conducted, or in which a prosecution 
        for the underlying specified unlawful activity could be 
        brought, if the defendant participates in the transfer of the 
        proceeds of the specified unlawful activity from that district 
        to the district where the financial or monetary transaction is 
        conducted.
            ``(2) Exception.--A prosecution for an attempt or 
        conspiracy offense under this section or section 1957 may be 
        brought in the district in which venue would lie for the 
        completed offense under paragraph (1), or in any other district 
        in which an act in furtherance of the attempt or conspiracy 
        took place.''.

SEC. 2212. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

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

SEC. 2213. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING 
              ORDERS.

    (a) Reporting Violations.--Section 5324(a) of title 31, United 
States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        or the reporting requirements imposed by an order issued 
        pursuant to section 5326'' after ``any such section''; and
            (2) in each of paragraphs (1) and (2), by inserting ``, or 
        a report required under any order issued pursua
2000
nt to section 
        5326'' before the semicolon.
    (b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) of title 
31, United States Code, are each amended by inserting ``or order 
issued'' after ``or a regulation prescribed'' each place that term 
appears.

SEC. 2214. ENCOURAGING FINANCIAL INSTITUTIONS TO NOTIFY LAW ENFORCEMENT 
              AUTHORITIES OF SUSPICIOUS FINANCIAL TRANSACTIONS.

    (a) In General.--Section 2702(b)(6) of title 18, United States 
Code, is amended--
            (1) by inserting ``or supervisory agency'' after ``a law 
        enforcement agency'';
            (2) in subparagraph (A), by striking ``; and'' and 
        inserting ``and appear to pertain to the commission of the 
        crime; or''; and
            (3) in subparagraph (B), by striking ``appear to pertain to 
        the commission of the crime.'' and inserting ``appear to reveal 
        a suspicious transaction relevant to a possible violation of 
        law or regulation.''
    (b) Definitions.--Section 2711 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the terms `suspicious transaction' and `relevant to a 
        possible violation of the law or regulation' shall be 
        interpreted in the same manner as those terms have been 
        interpreted for purposes of section 5318(g) of title 31; and
            ``(4) the term `supervisory agency' has the meaning given 
        the term in section 1101(7) of the Right to Financial Privacy 
        Act of 1978.''.

SEC. 2215. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES.

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

SEC. 2216. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR CERTAIN BANK 
              FRAUD OFFENSES.

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

SEC. 2217. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.

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

SEC. 2218. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A FELONY.

    Section 1956(c)(1) of title 18, United States Code, is amended by 
inserting ``, and regardless of whether or not the person knew that the 
activity constituted a felony'' before the semicolon at the end.

SEC. 2219. MONEY LAUNDERING TRANSACTIONS; COMMINGLED ACCOUNTS.

    (a) Section 1956.--Section 1956 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(i) A transaction, transportation, transmission, or transfer of 
funds shall be considered for the purposes of this section to be one 
involving the proceeds of specified unlawful activity, or property 
represented to be the proceeds of specified unlawful activity, if the 
transaction, transportation, transmission, or transfer involves--
            ``(1) funds directly traceable to the specified unlawful 
        activity, or represented to be directly traceable to the 
        specified unlawful activity;
            ``(2) a bank account in which the proceeds of specified 
        unlawful activity, or property represented to be the proceeds 
        of specified unlawful activity, have been commingled with other 
        funds; or
            ``(3) 2 or more bank accounts, where the proceeds of 
        specified unlawful activity, or property represented to be the 
        proceeds of specified unlawful activity, are deposited into 1 
        bank account and there is a contemporaneous, related withdrawal 
        from, or debit to, another bank account controlled by the same 
        person, or by a person acting in concert with that person.''.
    (b) Section 1957.--Section 1957(f) of title 18, United States Code, 
is amended by inserting after paragraph (3) the following:
            ``(4) the term `monetary transaction in criminally derived 
        property that is of a value greater than $10,000' includes--
                    ``(A) a monetary transaction involving the 
                transfer, withdrawal, encumbrance or other disposition 
                of more than $10,000 from a bank account in which more 
                than $10,000 in proceeds of specified unlawful activity 
                have been commingled with other funds;
                    ``(B) a series of monetary transactions in amounts 
                under $10,000 that exceed $10,000 in the aggregate and 
                that are closely related to each other in terms of 
                time, the identity of the parties involved, the nature 
                of the transactions and the manner in which they are 
                conducted; and
                    ``(C) any financial transaction described in 
                section 1956(i)(3) that involves more than $10,000 in 
                proceeds of specified unlawful activity.''.
    (c) Technical Amendment.--Section 1956(c)(7)(F) of title 18, United 
States Code, is amended by inserting ``, as defined in section 24'' 
before the period.

SEC. 2220. LAUNDERING THE PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``or 2339B'' after ``2339A''.

SEC. 2221. VIOLATIONS OF SECTION 6050I.

    Sections 981(a)(1)(A) and 982(a)(1) of title 18, United States 
Code, are amended by inserting ``, or of section 6050I of the Internal 
Revenue Code of 1986 (26 U.S.C. Sec. 6050I)'' after ``of title 31''.

SEC. 2222. INCLUDING AGENCIES OF TRIBAL GOVERNMENTS IN THE DEFINITION 
              OF A FINANCIAL INSTITUTION.

    Section 5312(a)(2)(W) of title 31, United States Code, is amended 
by striking ``State or local'' and inserting ``State, local or 
tribal''.

SEC. 2223. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND 
              CERTAIN RECORDKEEPING REQUIREMENTS.

    (a) Civil Penalty for Violation of Targeting Order.--Section 
5321(a)(1) of title 31, United States Code, is amended--
            (1) by inserting ``or order issued'' after ``subchapter or 
        a regulation prescribed''; and
            (2) by inserting A, or willfully violating a regulation 
        prescribed under section 21 of the Federal Deposit Insurance 
        Act or section 123 of Public Law 91-508,'' after ``section 5314 
        and 5315)''.
    (b) Criminal Penalties for Violation of Targeting Order.--Section 
5322 of title 31, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``or willfully violating a 
                regulation prescribed under section 21 of the Federal 
                Deposit Insurance Act or section 123 of Public Law 91-
                508,'' after ``under section 5315 or 532
2000
4),'';
            (2) in subsection (b)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``willfully violating a regulation 
                prescribed under section 21 of the Federal Deposit 
                Insurance Act or section 123 of Public Law 91-508,'' 
                after ``under section 5315 or 5324),'';
    (c) Structuring Transactions To Evade Targeting Order or Certain 
Recordkeeping Requirements.--Section 5324 of title 31, United States 
Code, is amended--
            (1) in the title by inserting ``or recordkeeping'' after 
        ``reporting''.
            (2) in subsection (a)--
                    (A) by inserting a comma after ``shall'';
                    (B) by striking ``section--'' and inserting 
                ``section, the reporting or recordkeeping requirements 
                imposed by any order issued under section 5326, or the 
                recordkeeping requirements imposed by any regulation 
                prescribed under section 21 of the Federal Deposit 
                Insurance Act or section 123 of Public Law 91-508--'';
                    (C) in paragraphs (1) and (2), by inserting ``, to 
                file a report or maintain a record required by any 
                order issued under section 5326, or to maintain a 
                record required pursuant to any regulation prescribed 
                under section 21 of the Federal Deposit Insurance Act 
                or section 123 of Public Law 91-508'' after 
                ``regulation prescribed under any such section'' each 
                place that term appears.

                    Subtitle C--Antidrug Provisions

SEC. 2301. AMENDMENTS CONCERNING TEMPORARY EMERGENCY SCHEDULING.

    Section 201(h) of the Controlled Substances Act (21 U.S.C. 811(h)) 
is amended to read as follows:
    ``(h) Temporary Scheduling To Avoid Imminent Hazards to Public 
Safety.--
            ``(1) In general.--If the Attorney General finds that the 
        control of a substance on a temporary basis is necessary to 
        avoid an imminent hazard to the public safety, the Attorney 
        General may, by order and without regard to the requirements of 
        subsection (b) of this section relating to the Secretary of 
        Health and Human Services, and without regard to the findings 
        required under section 202(b) (21 U.S.C. 812(b)), temporarily 
        schedule such substance in accordance with this subsection if 
        no approval is in effect for the substance under section 505(i) 
        of the Federal Food, Drug, and Cosmetic Act (hereafter in this 
        subsection referred to as the FDC Act) (21 U.S.C. 355(i)).
                    ``(A) If the substance is not contained in a drug 
                for which an investigational new drug exemption is in 
                effect under section 505(i) of the FDC Act, the 
                temporary scheduling order shall place such substance 
                in schedule I.
                    ``(B) If the substance is contained in a drug for 
                which an investigational new drug exemption is in 
                effect under section 505(i) of the FDC Act, the 
                temporary scheduling order shall place such substance 
                in schedule II, subject to the conditions set forth in 
                paragraph (6) of this subsection.
                    ``(C) A temporary scheduling order, or order 
                renewing such order, may not take effect before the 
                expiration of thirty days from--
                            ``(i) the date of the publication by the 
                        Attorney General of a notice in the Federal 
                        Register of the intention to issue such order 
                        and the grounds upon which such order is to be 
                        issued; and
                            ``(ii) the date the Attorney General has 
                        transmitted the notice required by paragraph 
                        (4).
            ``(2) Duration of temporary scheduling; renewal of 
        orders.--
                    ``(A) A temporary scheduling order issued under 
                subparagraph (1)(A) of this subsection shall expire at 
                the end of one year from the effective date of the 
                order, except that the Attorney General may, during the 
                pendency of proceedings under subsection (a)(1) of this 
                section with respect to the substance, extend the 
                temporary scheduling order for up to six months.
                    ``(B) A temporary scheduling order issued under 
                subparagraph (1)(B) of this subsection shall expire at 
                the end of 18 months from the effective date of the 
                order, except that, if the Attorney General determines 
                that continuation of the temporary scheduling order is 
                necessary to avoid an imminent hazard to the 
public safety, the Attorney General may issue a renewal order, 30 days 
prior to expiration of the temporary scheduling order, extending the 
original order for an additional 18 months, provided the following 
conditions are met--
                            ``(i) an exemption with respect to such 
                        substance remains in effect under section 
                        505(i) of the FDC Act; and--
                            ``(ii) the holder of such exemption is 
                        actively pursuing the clinical investigation of 
                        the substance.
                The Secretary shall certify to the Attorney General 
                whether or not each of conditions (i) and (ii) continue 
                to be met no later than 90 days prior to the date on 
                which the temporary scheduling order is scheduled to a 
                expire. As long as both conditions continue to be met, 
                the Attorney General may, every 18 months, continue to 
                issue orders renewing the temporary scheduling of a 
                particular substance. If either of the foregoing 
                conditions are no longer met for a particular 
                substance, the temporary scheduling of that substance 
                may not be renewed and shall expire 12 months after the 
                date on which such condition fails to be met, except 
                that the Attorney General may, during the pendency of 
                proceedings under subsection (a)(l) of this section 
                with respect to the substance, extend the temporary 
                scheduling for an additional six months.
            ``(3) Factors determinative of temporary scheduling.--When 
        issuing an order under paragraph (1), the Attorney General 
        shall be required to consider, with respect to the finding of 
        an imminent hazard to the public safety, only those factors set 
        forth in paragraphs (4), (5), and (6) of subsection (c) of this 
        section, including actual abuse, diversion from legitimate 
        channels, and clandestine importation, manufacture, or 
        distribution.
            ``(4) Consultation with the secretary of health and human 
        services.--The Attorney General shall transmit notice of an 
        order proposed to be issued under paragraph (1) to the 
        Secretary of Health and Human Services. In issuing an order 
        under paragraph (1), the Attorney General shall take into 
        consideration any comments submitted by the Secretary in 
        response to a notice transmitted pursuant to this paragraph.
            ``(5) Effect of permanent scheduling proceedings.--An order 
        issued under paragraph (1) with respect to a substance shall be 
        vacated upon the conclusion of a subsequent rule making 
        proceeding initiated under subsection (a) of this section with 
        re
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spect to such substance.
            ``(6) Special rules applicable to temporarily scheduled 
        investigational drugs.--
                    (A) In the case of a substance that is temporarily 
                scheduled under subparagraph (l)(B) of this subsection 
                that was controlled under this subchapter prior to its 
                temporary scheduling, any person who manufactures, 
                distributes, dispenses, possesses, or uses such 
                substance within the scope of the exemption under 
                section 505(i) of the FDC Act shall be subject to the 
                same requirements of this subchapter that were in 
                effect prior to the temporary scheduling.
                    ``(B) In the case of a substance that is 
                temporarily scheduled under subparagraph (l)(B) of this 
                subsection that was not controlled under this 
                subchapter prior to its temporary scheduling, any 
                person who manufactures, distributes, dispenses, 
                possesses, or uses such substance within the scope of 
                the exemption under section 505(i) of the FDC Act shall 
                not be required to comply with the requirements of part 
                C of this subchapter, except as provided in this 
                paragraph--
                            ``(i) Such person shall be subject to 
                        sections 302, 303, and 304 (21 U.S.C. 822, 823, 
                        and 824), relating to registration.
                            ``(ii) Compliance with applicable record 
                        keeping and reporting requirements of the FDC 
                        Act, as determined by the Secretary, shall 
                        constitute compliance with section 307 (21 
                        U.S.C. 827). A violation of such requirements 
                        shall constitute a violation of section 307 and 
                        shall subject a violator to applicable 
                        penalties under Part D of this subchapter, in 
                        addition to any other penalties provided by 
                        law. Records or documents required to be kept 
                        for such purposes under the FDC Act shall be 
                        deemed records or documents required under this 
                        subchapter, and places where such records or 
                        documents are kept or required to be kept shall 
                        be deemed controlled premises for purposes of 
                        administrative inspections and warrants under 
                        section 510 (21 U.S.C. 880).
                            ``(iii) A registrant handling an 
                        investigational drug that has been temporarily 
                        scheduled under this section shall be subject 
                        to the requirements established under section 
                        307(f), relating to procedures necessary to 
                        insure the security and accountability of 
                        controlled substances used in research and to 
                        prevent theft or diversion of the drug into 
                        illegal channels of distribution.
                    ``(C) Each person that is a sponsor of an 
                investigation of a new drug for which a research 
                exemption is in effect under section 505(i) of the FDC 
                Act with respect to such substance shall be required to 
                certify to the Secretary of Health and Human Services, 
                by one month after the effective date of the temporary 
                scheduling order with respect to the substance, and by 
                the end of each succeeding six month period, that such 
                person is able to account for the location and use of 
                all quantities of such substance that are or have been 
                manufactured, distributed, dispensed, possessed, or 
                used under such exemption on or before the date of such 
                certification.
                    ``(D) In the case of a substance that is 
                temporarily scheduled under subparagraph (1)(B) of this 
                subsection, the disclosure of the existence of an 
                exemption under section 505(i) of the FDC Act with 
                respect to such substance shall not be considered to be 
                disclosure prohibited by section 301(j) of the FDC Act 
                or section 1905 of title 18 of the United States Code.
                    ``(E) The manufacture, possession, distribution, or 
                use of such substance within the scope of such 
                exception shall not be subject to any requirements or 
                penalty under State or local law more stringent than 
                the provisions of this chapter or other applicable 
                Federal law.
            ``(7) Judicial review.--An order issued under paragraph (1) 
        is not subject to judicial review, except that a renewal order 
        issued under subparagraph (2)(B) of this subsection is subject 
        to judicial review in accordance with section 507 (21 U.S.C. 
        877).''.

SEC. 2302. AMENDMENT TO REPORTING REQUIREMENT FOR TRANSACTIONS 
              INVOLVING CERTAIN LISTED CHEMICALS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended by--
            (1) redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C);
            (2) inserting a new subparagraph (A) as follows:
                    ``(A) As used in this section, the term `drug 
                product' means a pharmaceutical substance in dosage 
                form that has been approved under the Food, Drug and 
                Cosmetic Act for distribution in the United States.'';
            (3) in the redesignated (B) by inserting ``or who engages 
        in an export transaction'' after ``nonregulated person''; and
            (4) adding at the end the following--
                    ``(D) Except as provided in subparagraph (E), the 
                following distributions to a nonregulated person and 
                the following export transactions shall not be subject 
                to the reporting requirement established in 
                subparagraph (B):
                            ``(i) distributions of sample packages of 
                        drug products when such packages contain not 
                        more than 2 solid dosage units or the 
                        equivalent of 2 dosage units in liquid form, 
                        not to exceed 10 milliliters of liquid per 
                        package, and not more than one package is 
                        distributed to an individual or residential 
                        address in any 30-day time period;
                            ``(ii) distributions of drug products by 
                        retail distributors to the extent that such 
                        distributions are consistent with the 
                        activities authorized for a retail distributor 
as set out in section 102(46) of this title;
                            ``(iii) distributions of drug products to a 
                        resident of a Long Term Care Facility (as that 
                        term is defined in the regulations of the 
                        Attorney General) or distributions of drug 
                        products to a Long Term Care Facility for 
                        dispensing to or for use by a resident of that 
                        facility;
                            ``(iv) distributions of drug products 
                        pursuant to a valid prescription (as used in 
                        this section, the term `valid prescription' is 
                        one which is issued for a legitimate medical 
                        purpose by individual pract
2000
itioner licensed by 
                        law to administer and prescribe such drugs and 
                        acting in the usual course of his/her 
                        professional practice);
                            ``(v) exports which have been reported to 
                        the Attorney General pursuant to section 1004 
                        or 1018 of title III or which are subject to a 
                        waiver granted under section 1018(e)(2) of 
                        title III; and
                            ``(vi) any quantity, method or type of 
                        distribution or any quantity, method or type of 
                        distribution of a specific listed chemical 
                        (including specific formulations or drug 
                        products) or of a group of listed chemicals 
                        (including specific formulations or drug 
                        products) which the Attorney General has 
                        excluded by regulation from this reporting 
                        requirement on the basis that such reporting is 
                        not necessary to the enforcement of this title 
                        or title III.
                    ``(E) The Attorney General may revoke any or all of 
                the exemptions listed in (C) for an individual 
                regulated person if he finds that drug products 
                distributed by that person are being used in violation 
                of this title or title III. The regulated person shall 
                be notified of this revocation, which will be effective 
                upon receipt by the regulated person of such notice, as 
                provided in section 1018(c)(1) of title III and has the 
                right to an expedited hearing as provided in section 
                1018(c)(2) of title III.''.

SEC. 2303. DRUG PARAPHERNALIA.

    (a) In General.--Section 422(d) of the Controlled Substances Act 
(21 U.S.C. 863(d)) is amended by inserting ``packaging,'' after 
``concealing,''.
    (b) Determination of Drug Paraphernalia.--Section 422(e)(4) of the 
Controlled Substances Act (21 U.S.C. 863(e)(4)) is amended by adding 
the following after ``sale'': ``including, but not limited to, whether 
the item displays any name brand, insignia or other indicator which is 
associated with illegal drugs or which is used to advertise or identify 
an illegal drug''.
    (c) Clerical Amendments.--(1) Section 511(a)(10) of the Controlled 
Substances Act (21 U.S.C. 881(a)(10)) is amended by striking all after 
``as defined in'' and inserting ``section 422 of this title.''.
            (2) Section 422 of the Controlled Substances Act (21 U.S.C. 
        881(a)(10)) is amended--
                    (A) by deleting subsection (c); and
                    (B) by redesignating subsections (d), (e), and (f) 
                as subsections (c), (d), and (e), respectively.

SEC. 2304. COUNTERFEIT SUBSTANCES/IMITATION CONTROLLED SUBSTANCES.

    (a) Section 102(7) of the Controlled Substances Act (21 U.S.C. 
802(7)) is amended by--
            (1) inserting ``(A)'' after ``(7)'';
            (2) designating the text after ``a controlled substance'' 
        as clause (i);
            (3) inserting ``characteristic,'' after ``number,'';
            (4) striking the period at the end and inserting a 
        semicolon; and
            (5) adding at the end the following:
                    ``(ii) which falsely purports or is represented to 
                be a different controlled substance; or
                    ``(iii) which is manufactured or designed in such a 
                manner, or is distributed, dispensed, or otherwise 
                transferred under such circumstances, such that a 
reasonable person would believe that the substance is a different 
controlled substance.
            ``(B) The term `imitation controlled substance' means a 
        substance, which is not a controlled substance, that is 
        represented (expressly or by implication) to be a controlled 
        substance.
            ``(C) The term `imitation controlled substance' does not 
        include a placebo which is directly applied to the body of a 
        research subject or a patient or which is delivered to a 
        research subject or a person for his own use, by, or pursuant 
        to the order of, a practitioner for a lawful purpose.''.
    (b) Section 102(8) of the Controlled Substances Act (21 U.S.C. 
802(8)) is amended by inserting ``, an imitation controlled 
substance,'' after ``controlled substance''.
    (c) Section 102(11) of the Controlled Substances Act (21 U.S.C. 
802(11)) is amended by--
            (1) inserting ``to deliver an imitation controlled 
        substance or'' after ``controlled substance or'' in the first 
        sentence; and
            (2) inserting ``, an imitation controlled substance,'' 
        after ``controlled substance'' in the second sentence.
    (d) Section 102(44) of the Controlled Substances Act (21 U.S.C. 
802(44)) is amended by--
            (1) striking ``or'' after ``marihuana,''; and
            (2) inserting ``, anabolic agents, or listed chemicals, or 
        an offense that is punishable by imprisonment for more than one 
        year under any provision of this title or title III'' after 
        ``stimulant substances''.
    (e) Section 401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) is amended by--
            (1) striking ``or'' at the end of paragraph (1);
            (2) striking ``create'' in paragraph (2) and inserting 
        ``manufacture'';
            (3) inserting ``manufacture,'' after ``intent to'' in 
        paragraph (2);
            (4) striking the period at the end of paragraph (2) and 
        inserting ``; or'' ; and
            (5) adding at the end the following paragraph:
            ``(3) to manufacture, distribute, or dispense, or possess 
        with intent to manufacture, distribute or dispense, an 
        imitation controlled substance.''.
    (f) Section 401(b) of the Controlled Substances Act (21 U.S.C. 
841(b) is amended by redesignating paragraphs (4) through (7) as 
paragraphs (6) through (9) and inserting after paragraph (3) the 
following:
            ``(4)(A) In the case of a counterfeit substance, such 
        person shall be sentenced in accordance with this section based 
        on the controlled substance which the counterfeit substance is 
        represented to be or based on the controlled substance which is 
        actually contained in the counterfeit substance, whichever 
        provides the greater sentence.
            ``(B) Paragraph (5)(B) of this subsection may be applied to 
        make a determination that a controlled substance is a 
        counterfeit substance.
            ``(5)(A) In the case of an imitation controlled substance, 
        such person shall be sentenced to a term of imprisonment or a 
        fine, or both, which does not exceed one-half of the maximum 
        term of imprisonment and fine which would apply under this 
        section to the controlled substance which the imitation 
        controlled substance is represented to be. The minimum period 
        of supervised release for such person shall be one-half of that 
        which would apply under this section to the controlled 
        substance which the imitation controlled substance is 
        represented to be.
            ``(B) In the case of a violation of this title or title III 
        involving an imitation controlled substance, the following 
        provisions shall apply:
                    ``(i) The trier of fact may consider the following 
                factors in addition to any other factor that may be 
                relevant for purposes of determining whether a 
                substance was an imitation controlled substance. The 
                presence of any two of the following factors shall be 
                prima facie evidence that the substance was an 
                imitation controlled substance; however, the presence
2000
 
                of two factors is not required for a determination that 
                a substance is an imitation controlled substance:
                            ``(I) The person in control of the 
                        substance expressly or impliedly represents 
                        that the substance is a controlled substance or 
                        has the effect of a controlled substance;
                            ``(II) The person in control of the 
                        substance expressly or impliedly represents 
                        that the substance because of its nature or 
                        appearance can be sold, delivered or used as a 
                        controlled substance or as a substitute for a 
                        controlled substance;
                            ``(III) The person in control of the 
                        substance utilizes evasive tactics or actions 
                        to avoid detection by law enforcement 
                        authorities or other authorities such as school 
                        authorities;
                            ``(IV) The physical appearance of the 
                        substance is, or is designed to be, 
                        substantially identical to a specific 
                        controlled substance. This may be determined by 
                        such factors as color, shape, size, markings, 
                        taste, odor, consistency, packaging, labeling, 
                        or other identifying characteristics;
                            ``(V) The substance is packaged or 
                        distributed in a manner normally used for the 
                        illegal distribution of controlled substances; 
                        or
                            ``(VI) The distribution or attempted 
                        distribution includes an exchange or demand for 
                        money or other property as consideration, and 
                        the amount of the consideration is 
                        substantially greater than the reasonable 
                        retail market value of the substance.
                    ``(ii) It shall not constitute a defense that the 
                accused believed the imitation controlled substance to 
                actually be a controlled substance.''.
    (g) Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended--
            (1) in paragraph (a)(2), by inserting ``or list I 
        chemical'' after ``controlled substance'' each place it 
        appears;
            (2) in paragraph (a)(3), by inserting ``or a laboratory 
        supply (as defined in section 402(a) of this title)'' after 
        ``controlled substance''; and
            (3) in paragraph (a)(5) by--
                    (A) inserting ``or substance'' after ``drug'' both 
                places it appears; and
                    (B) inserting ``or an imitation controlled 
                substance'' after ``counterfeit substance''.
    (h) Section 506(a) of the Controlled Substances Act (21 U.S.C. 
876(a)) is amended by inserting ``, imitation controlled substances,'' 
after ``controlled substances''.
    (i) Section 509 of the Controlled Substances Act (21 U.S.C. 879) is 
amended by inserting ``imitation controlled substances, or listed 
chemicals'' after ``controlled substances''.
    (j)(1) Section 511(a) of the Controlled Substances Act (21 U.S.C. 
881(a)) is amended--
            (A) in paragraph (1), by inserting ``and imitation 
        controlled substances'' after ``controlled substances'';
            (B) in paragraph (2), by inserting ``, imitation controlled 
        substance,'' after ``controlled substance'';
            (C) in paragraph (6), by inserting ``, imitation controlled 
        substance,'' after ``controlled substance''; and
            (D) in paragraph (8), by inserting ``and imitation 
        controlled substances'' after ``controlled substances''.
    (2) Section 607(a)(3) of the Tariff Act of 1930 (19 U.S.C. 
1607(a)(3)) is amended by inserting ``, imitation controlled 
substance,'' after ``controlled substance''.
    (3) Section 607(b) of the Tariff Act of 1930 (19 U.S.C. 1607(b)) is 
amended by inserting ``, `imitation controlled substance','' after 
```controlled substance'''.
    (k) Section 1010(a) of the Controlled Substances Act (21 U.S.C. 
960(a)) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by inserting ``or'' after 
        ``substance,''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) knowingly or intentionally imports or exports a 
        counterfeit substance or an imitation controlled substance,''.
    (l) Section 2516(1)(e) of title 18, United States Code, is amended 
by inserting ``or a violation of the Controlled Substances Act (21 
U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act 
(21 U.S.C. 851, et seq.)'' after ``United States''.

SEC. 2305. CONFORMING AMENDMENT CONCERNING MARIJUANA PLANTS.

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

SEC. 2306. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED CAREER 
              CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(C) of title 18, United States Code, is amended by 
inserting ``or serious drug offense'' after ``violent felony''.

SEC. 2307. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO GROW OR 
              MANUFACTURE CONTROLLED SUBSTANCES.

    (a) In General.--Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended to read as follows:
            ``(5) Any person who violates subsection (a) of this 
        section by cultivating or manufacturing a controlled substance 
        on any property in whole or in part owned by or leased to the 
        United States or any department or agency thereof shall be 
        subject to twice the maximum punishment otherwise authorized 
        for the offense.''.
    (b) Sentencing Enhancement.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines to provide an appropriate sentencing enhancement for 
        any offense under section 401(b)(5) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(5)) that occurs on Federal 
        property.
            (2) Consistency.--In carrying out this section, the United 
        States Sentencing Commission shall--
                    (A) ensure that there is reasonable consistency 
                with other Federal sentencing guidelines; and
                    (B) avoid duplicative punishment for substantially 
                the same offense.

SEC. 2308. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

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

SEC. 2309. SUPERVISED RELEASE PERIOD AFTER CONVICTION FOR CONTINUING 
              CRIMINAL ENTERPRISE.

    Section 848(a) of title 21, United States Code, is amended by 
adding to the end of the following: ``Any sentence under this paragraph 
shall, in the absence of such a prior conviction, impose a term of 
supervised release of not less than 10 years in addition to such term 
of imprisonment and shall, if there was such a prior conviction, impose 
a term of supervised release of not less than 15 years in addition to 
such term of imprisonment.''.

SEC. 2310. TECHNICAL CORRECTION TO ENSURE COMPLIANCE OF SENTENCING 
              GUIDELINES WITH PROVISIONS OF ALL FEDERAL STATUTES.

    Section 994(a) of title 28, United States Co
2000
de, is amended by 
striking ``consistent with all pertinent provisions of this title and 
title 18, United States Code,'' and inserting ``consistent with all 
pertinent provisions of any Federal statute''.

SEC. 2311. IMPORT AND EXPORT OF CHEMICALS USED TO PRODUCE ILLICIT 
              DRUGS.

    (a) Notification Requirements.--Section 1018 of the Controlled 
Substances Import and Export Act (21 U.S.C. 971) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Each person who proposes to engage in a transaction involving 
the importation or exportation of a listed chemical which requires 
advance notification pursuant to the regulations of the Attorney 
General or the importation or exportation of a tableting machine or an 
encapsulating machine shall notify the Attorney General of the 
importation or exportation not later than 15 days before the 
transaction is to take place in such form and supplying such 
information as the Attorney General shall require by regulation; in the 
case of an importation for transfer or transshipment pursuant to 
section 1004 of this title, such notice will be made as provided in 
that section.'';
            (2) in subsection (c)(1)--
                    (A) by striking the phrase ``(other than a 
                regulated transaction to which the requirement of 
                subsection (a) of this section does not apply by reason 
                of subsection (b) of this section)'';
                    (B) by inserting ``, a tableting machine or an 
                encapsulating machine'' after ``a listed chemical''; 
                and
                    (C) by inserting ``, tableting machine, or 
                encapsulating machine'' after ``the chemical''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5);
                    (B) by inserting after paragraph (1) new paragraphs 
                (2) and (3) as follows:
            ``(2) The Attorney General may by regulation require that 
        the 15-day notification requirement of subsection (a) apply to 
        all imports of a listed chemical, regardless of the status of 
        certain importers of that listed chemical as regular importers, 
if the Attorney General finds that such notification is necessary to 
support effective chemical diversion control programs or is required by 
treaty or other international agreement to which the United States is a 
party.
            ``(3) The Attorney General may require that the 
        notification requirement of subsection (a) for certain 
        importations or exportations, including those subject to 
        section 1004 of this title, include additional information to 
        enable a determination to be made that the listed chemical 
        being imported or exported will be used for a legitimate 
        purpose or when such information is needed to satisfy 
        requirements of the importing or exporting country. The 
        Attorney General will provide notice of these additional 
        requirements specifically identifying the listed chemicals and 
        countries involved.''.
    (b) Transshipment.--Section 1004 of the Controlled Substances 
Import and Export Act (21 U.S.C. 954) is amended to read as follows:
``Sec. 954. Transshipment and in-transit shipment of controlled 
              substances
    ``(a) Notwithstanding sections 952, 953, 957 and 971 of this title, 
except as provided below--
            ``(1) A controlled substance in schedule I may be imported 
        into the United States--
                    ``(A) for transshipment to another country, or
                    ``(B) for transference or transshipment from one 
                vessel, vehicle, or aircraft to another vessel, 
                vehicle, or aircraft within the United States for 
                immediate exportation, if and only if (i) evidence is 
                furnished which enables the Attorney General to 
                determine that the substance being so imported, 
                transferred, or transshipped will be used for 
                scientific, medical, or other legitimate purposes in 
                the country of destination, and (ii) it is so imported, 
                transferred, or transshipped with the prior written 
                approval of the Attorney General (which shall be 
                granted or denied within 21 days of the request) based 
                on a determination that the requirements of this 
                section and the applicable subsections of sections 952 
                and 953 have been satisfied.
            ``(2) A controlled substance in schedule II, III, or IV or 
        a listed chemical may be so imported, transferred, or 
        transshipped if and only evidence is furnished which enables 
        the Attorney General to determine that the substance or 
        chemical being so imported, transferred, or transshipped will 
        be used for scientific, medical, or other legitimate purposes 
        in the country of destination and (ii) advance notification is 
        given to the Attorney General not later than 15 days prior to 
        the exportation of the substance or chemical from the foreign 
        port of embarkation (the notification period for imports other 
        than for transfer or transshipment pursuant to section 1002 or 
        1018 of this title is not affected by this subsection). Such 
        notification shall be in such form and contain such information 
        as the Attorney General may require by regulation.
    ``(b)(1) Any such importation, transfer or transshipment of a 
controlled substance shall be subject to the applicable subsections of 
sections 1002 and 1003 of this title. The importation, transfer, 
transshipment or exportation of any controlled substance may be 
suspended on the ground that the controlled substance may be diverted 
to other than scientific, medical or other legitimate purposes.
    ``(2) Any such importation, transfer or transshipment of a listed 
chemical shall be subject to all the requirements of section 1018 of 
this title, except that in no case shall the 15-day advance 
notification requirement be waived. The importation, transfer, 
transshipment or exportation of a listed chemical may be suspended on 
the ground that the chemical may be diverted to the clandestine 
manufacture of a controlled substance.
    ``(3) Any such importation, transfer or transshipment of a 
controlled substance or listed chemical may be suspended if any 
requirement of subsection (a) is not satisfied. The Attorney General 
may withdraw a suspension order issued under this paragraph if (A) the 
requirements of subsection (a) are ultimately satisfied and (B) no 
grounds exist under paragraphs (1) or (2) of this subsection to suspend 
the shipment.
    ``(c) The suspension of any exportation of a controlled substance 
or listed chemical will be subject to the procedures and requirements 
established in section 1018(c) of this title.
    ``(d) Any shipment of a controlled substance or listed chemical 
which has been imported or is subject to the jurisdiction of the United 
States whose importation, transfer, transshipment or exportation has 
been suspended may, in the discretion of the Attorney General, be 
placed under seal. No disposition may be made of any such controlled 
substance or listed chemical until the suspension order becomes final. 
However, a court, upon application therefor, may at any time order the 
sale of a perishable controlled substance or listed chemical. Any such 
order shall require the deposit of the proceeds of the sale with the 
court. Upon a suspension order becoming final, the shipment may be 
disposed of as follows, at the discretion of the Attorney General and 
subject to such conditions as the Attorney General may impose:
            ``(1) The title holder may be allowed to return the 
        shipment to any of the original exporter's facilities in the 
        country of exportation;
            ``(2) The shipment 
2000
may be exported, subject to the 
        requirements of section 1003 or 1018 of this title, as 
        appropriate, to a new consignee;
            ``(3) The shipment may be surrendered to the Attorney 
        General for appropriate disposition; all costs associated with 
        this disposition will be the responsibility of the title 
        holder, however if there are any proceeds from the disposition, 
        these will be applied to the repayment of the costs and any 
        excess proceeds will be returned to the titleholder;
            ``(4) If sufficient cause exists, the shipment of 
        controlled substances or listed chemicals (or proceeds of sale 
        deposited in court) may be forfeited to the United States 
        pursuant to section 511 of title II and may be disposed of in 
        accordance with that section.
    ``(e) Nothing in this section may be used by any party to defend 
against a forfeiture action against a shipment of controlled substances 
or listed chemicals initiated by the United States or by any state. 
This section does not affect the liability of any party for storage and 
transportation costs incurred by the Government as a result of the 
suspension of a shipment.''.
    (c) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)) is amended--
            (1) by redesignating paragraphs (5), (6) and (7) as 
        paragraphs (6), (7) and (8);
            (2) in the redesignated paragraph (6), by striking 
        ``1018(e)(2) or (3)'' and inserting ``1018(e)(4) or (5)'';
            (3) in the redesignated paragraph (7), by inserting ``or 
        violates section 1004 of this title,'' after ``1007 or 1018 of 
        this title''; and
            (4) by inserting after paragraph (4) a new paragraph (5) as 
        follows:
            ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by falsely 
        representing to the Attorney General that the importation or 
        exportation is not subject to the 15-day advance notification 
        required by section 1018(a) or to any reporting requirements 
        established by the Attorney General pursuant to section 1018(e) 
        (1), (2) or (3) by misrepresenting the actual country of final 
        destination of the listed chemical, or the actual listed 
        chemical being imported or exported; or''.
    (d) Section 1011 of the Controlled Substances Import and Export Act 
(21 U.S.C. 961) is amended to read as follows:
``Sec. 1011. Injunctions
    ``In addition to any other applicable penalty, any person convicted 
of a felony violation of this title or title II relating to the 
receipt, distribution, manufacture, importation or exportation of a 
listed chemical may be enjoined from engaging in any transaction 
involving a listed chemical for not more than ten years.''.

                   Subtitle D--Deterring Cargo Theft

SEC. 2351. PUNISHMENT OF CARGO THEFT.

    (a) In General.--Section 659 of title 18, United States Code, is 
amended--
            (1) by striking ``with intent to convert to his own use'' 
        each place that term appears;
            (2) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (3) in the fifth undesignated paragraph, by striking ``one 
        year'' and inserting ``3 years'';
            (4) in the penultimate undesignated paragraph, by inserting 
        after the first sentence the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transshipment or 
        otherwise.''; and
            (5) by adding at the end the following:
    ``It shall be an affirmative defense (on which the defendant bears 
the burden of persuasion by a preponderance of the evidence) to an 
offense under this section that the defendant bought, received, or 
possessed the goods, chattels, money, or baggage at issue with the sole 
intent to report the matter to an appropriate law enforcement officer 
or to the owner of the goods, chattels, money, or baggage.''.
    (b) Federal Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal sentencing guidelines under section 659 of 
title 18, United States Code, as amended by this section and, upon 
completion of the review, promulgate amendments to the Federal 
Sentencing Guidelines to provide appropriate enhancement of the 
applicable guidelines.

SEC. 2352. REPORTS TO CONGRESS ON CARGO THEFT.

    The Attorney General shall annually submit to Congress a report, 
which shall include an evaluation of law enforcement activities 
relating to the investigation and prosecution of offenses under section 
659 of title 18, United States Code, as amended by this subtitle.

SEC. 2353. ESTABLISHMENT OF ADVISORY COMMITTEE ON CARGO THEFT.

    (a) Establishment.--
            (1) In general.--There is established a Committee to be 
        known as the Advisory Committee on Cargo Theft (in this section 
        referred to as the ``Committee'').
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed 
                of 6 members, who shall be appointed by the President, 
                of whom--
                            (i) 1 shall be an officer or employee of 
                        the Department of Justice;
                            (ii) 1 shall be an officer or employee of 
                        the Department of Transportation;
                            (iii) 1 shall be an officer or employee of 
                        the Department of the Treasury; and
                            (iv) 3 shall be individuals from the 
                        private sector who are experts in cargo 
                        security.
                    (B) Date.--The appointments of the initial members 
                of the Committee shall be made not later than 30 days 
                after the date of enactment of this Act.
            (3) Period of appointment; vacancies.--Each member of the 
        Committee shall be appointed for the life of the Committee. Any 
        vacancy in the Committee shall not affect its powers, but shall 
        be filled in the same manner as the original appointment.
            (4) Initial meeting.--Not later than 15 days after the date 
        on which all initial members of the Committee have been 
        appointed, the Committee shall hold its first meeting.
            (5) Meetings.--The Committee shall meet, not less 
        frequently than quarterly, at the call of the Chairperson.
            (6) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson.--The President shall select 1 member of 
        the Committee to serve as the Chairperson of the Committee.
    (b) Duties.--
            (1) Study.--The Committee shall conduct a thorough study 
        of, and develop recommendations with respect to, all matters 
        relating to--
                    (A) the establishment of a national computer 
                database for the collection and dissemination of 
                information relating to violations of section 659 of 
                title 18, Unit
2000
ed States Code (as added by section 
                3801(a) of this title); and
                    (B) the establishment of an office within the 
                Federal Government to promote cargo security and to 
                increase coordination between the Federal Government 
                and the private sector with respect to cargo security.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Committee shall submit to the 
        President and to Congress a report, which shall contain a 
        detailed statement of results of the study and the 
        recommendations of the Committee under paragraph (1).
    (c) Powers.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out the purposes of this section.
            (2) Information from federal agencies.--The Committee may 
        secure directly from any Federal department or agency such 
        information as the Committee considers necessary to carry out 
        the provisions of this section. Upon request of the Chairperson 
        of the Committee, the head of such department or agency shall 
        furnish such information to the Committee.
            (3) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the 
                Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--Each member of the Committee 
                who is an officer or employee of the United States 
                shall serve without compensation in addition to that 
                received for their service as an officer or employee of 
the United States.
            (2) Travel expenses.--The members of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Committee to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee 
                may fix the compensation of the executive director and 
                other personnel without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates, except that 
                the rate of pay for the executive director and other 
                personnel may not exceed the rate payable for level V 
                of the Executive Schedule under section 5316 of such 
                title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination.--The Committee shall terminate 90 days after the 
date on which the Committee submits the report under subsection (b)(2).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to the Committee to carry out the 
        purposes of this section.
            (2) Availability.--Any sums appropriated under the 
        authorization contained in this section shall remain available, 
        without fiscal year limitation, until expended.

SEC. 2354. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO 
              ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.

    (a) In General.--
            (1) Embezzlement against estate.--Section 153(a) of title 
        18, United States Code, is amended by inserting ``, or attempts 
        so to appropriate, embezzle, spend, or transfer,'' before ``any 
        property''.
            (2) Public money.--Section 641 of title 18, United States 
        Code, is amended by striking ``or'' at the end of the first 
        paragraph and by inserting after such paragraph the following:
``Whoever attempts to commit an offense described in the preceding 
paragraph; or''.
            (3) Theft by bank examiner.--Section 655 of title 18, 
        United States Code, is amended by inserting ``or attempts to 
        steal or so take,'' after ``unlawfully takes,''.
            (4) Theft, embezzlement, or misapplication by bank officer 
        or employee.--Sections 656 and 657 of title 18, United States 
        Code, are each amended--
                    (A) by inserting ``, or attempts to embezzle, 
                abstract, purloin, or willfully misapply,'' after 
                ``willfully misapplies''; and
                    (B) by inserting ``or attempted to be embezzled, 
                abstracted, purloined, or misapplied'' after 
                ``misapplied''.
            (5) Property mortgaged or pledged to farm credit 
        agencies.--Section 658 of title 18, United States Code, is 
        amended by inserting ``or attempts so to remove, dispose of, or 
        convert,'' before ``any property''.
            (6) Interstate or foreign shipments.--Section 659 of title 
        18, United States Code, is amended--
                    (A) in the first and third paragraphs, by inserting 
                ``or attempts to embezzle, steal, or so take or carry 
                away,'' after ``carries away,''; and
                    (B) in the fourth paragraph by inserting ``or 
                attempts to embezzle, steal, or so take,'' before 
                ``from any railroad car''.
            (7) Within special maritime and territorial jurisdiction.--
        Section 661 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts so to take and carry 
                away,'' before ``any personal property''; and
                    (B) by inserting ``or attempted to be taken'' after 
                ``taken'' each place it appears.
            (8) Theft or embezzlement from employee benefit plans.--
        Section 664 of title 18, United States Code, is amended by 
        inserting ``or attempts to embezzle, steal, o
2000
r so abstract or 
        convert,'' before ``any of the moneys''.
            (9) Theft or embezzlement from employment and training 
        funds.--Section 665(a) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``, or attempts to embezzle, so 
                misapply, steal, or obtain by fraud,'' before ``any of 
                the moneys''; and
                    (B) by inserting ``or attempted to be embezzled, 
                misapplied, stolen, or obtained by fraud'' after 
                ``obtained by fraud''.
            (10) Theft or bribery concerning programs receiving federal 
        funds.--Section 666(a)(1)(A) of title 18, United States Code, 
        is amended by inserting ``or attempts to embezzle, steal, 
        obtain by fraud, or so convert or misapply,'' before 
        ``property''.
            (11) False pretenses on high seas.--Section 1025 of title 
        18, United States Code, is amended--
                    (A) by inserting ``or attempts to obtain'' after 
                ``obtains''; and
                    (B) by inserting ``or attempted to be obtained'' 
                after ``obtained''.
            (12) Embezzlement and theft from indian tribal 
        organizations.--Section 1163 of title 18, United States Code, 
        is amended by inserting ``attempts so to embezzle, steal, 
        convert, or misapply,'' after ``willfully misapplies,''.
            (13) Theft from group establishments on indian lands.--
        Section 1167 (a) and (b) of title 18, United States Code, are 
        each amended by inserting ``or attempts so to abstract, 
        purloin, misapply, or take and carry away,'' before ``any 
        money''.
            (14) Theft by officers and employees of gaming 
        establishments on indian lands.--Section 1168 (a) and (b) of 
        title 18, United States Code, are each amended by inserting 
        ``or attempts so to embezzle, abstract, purloin, misapply, or 
        take and carry away,'' before ``any moneys,''.
            (15) Theft of property used by the postal service.--Section 
        1707 of title 18, United States Code, is amended by inserting 
        ``, or attempts to steal, purloin, or embezzle,'' before ``any 
        property'' and by inserting ``or attempts to appropriate'' 
        after ``appropriates''.
            (16) Theft in receipt of stolen mail matter.--Section 1708 
        of title 18, United States Code, is amended in the second 
        paragraph by inserting ``or attempts to steal, take, or 
        abstract,'' after ``abstracts,'' and by inserting ``, or 
        attempts so to obtain,'' after ``obtains''.
            (17) Theft of mail matter by officer or employee.--Section 
        1709 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts to embezzle'' after 
                ``embezzles''; and
                    (B) by inserting ``, or attempts to steal, 
                abstract, or remove,'' after ``removes''.
            (18) Misappropriation of postal funds.--Section 1711 of 
        title 18, United States Code, is amended by inserting ``or 
        attempts to loan, use, pledge, hypothecate, or convert to his 
        own use,'' after ``use''.
            (19) Bank robbery and incidental crimes.--Section 2113(b) 
        of title 18, United States Code, is amended by inserting ``or 
        attempts so to take and carry away,'' before ``any property'' 
        each place it appears.
    (b) Securities Crimes.--
            (1) Possession of tools.--Section 477 of title 18, United 
        States Code, is amended by inserting ``, or attempts so to 
        sell, give, or deliver,'' before ``any such imprint''.
            (2) Uttering counterfeit foreign obligations or 
        securities.--Section 479 of title 18, United States Code, is 
        amended by inserting ``or attempts to utter or pass,'' after 
        ``passes,''.
            (3) Minor coins.--Section 490 of title 18, United States 
        Code, is amended by inserting ``attempts to pass, utter, or 
        sell,'' before ``or possesses''.
            (4) Securities of states and private entities.--Section 
        513(a) of title 18, United States Code, is amended by inserting 
        ``or attempts to utter,'' after ``utters''.

SEC. 2355. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING PROPERTY 
              STOLEN FROM AN INDIAN TRIBAL ORGANIZATION.

    Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 2356. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING 
              MACHINES.

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

SEC. 2357. EXPANSION OF FEDERAL THEFT OFFENSES TO COVER THEFT OF 
              VESSELS.

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

            Subtitle E--Improvements to Federal Criminal Law

                    PART 1--SENTENCING IMPROVEMENTS

SEC. 2411. APPLICATION OF SENTENCING GUIDELINES TO ALL PERTINENT 
              STATUTES.

    Section 994(a) of title 28, United States Code, is amended by 
striking ``consistent with all pertinent provisions of this title and 
title 18, United States Code,'' and inserting ``consistent with all 
pertinent provisions of any Federal statute''.

SEC. 2412. DOUBLING MAXIMUM PENALTY FOR VOLUNTARY MANSLAUGHTER.

    Section 1112(b) of title 18, United States Code, is amended by 
striking ``ten years'' and inserting ``20 years''.

SEC. 2413. AUTHORIZATION OF IMPOSITION OF BOTH A FINE AND IMPRISONMENT 
              RATHER THAN ONLY EITHER PENALTY IN CERTAIN OFFENSES.

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

SEC. 2414. ADDITION OF SUPERVISED RELEASE VIOLATION AS PREDICATES FOR 
              CERTAIN OFFENSES.

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

SEC. 2415. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a sentence of probation or supervised 
release with or without conditions)'' after ``may reduce the term of 
imprisonment'
2000
'.

SEC. 2416. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT 
              OR CONVERSION OF GRAND JURY MATERIAL.

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

SEC. 2417. INCREASED MAXIMUM CORPORATE PENALTY FOR ANTITRUST 
              VIOLATIONS.

    (a) Restraint of Trade Among the States.--Section 1 of the Sherman 
Act (15 U.S.C. 1) is amended by striking ``$10,000,000'' and inserting 
``$100,000,000''.
    (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) 
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''.
    (c) Other Restraints.--Section 3 of the Sherman Act (15 U.S.C. 3) 
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''.

SEC. 2418. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR COUNTERFEIT 
              BEARER OBLIGATIONS OF THE UNITED STATES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and if appropriate, amend the Federal sentencing 
guidelines generally to enhance the penalty for offenses involving 
counterfeit bearer obligation of the United States.
    (b) Factors for Consideration.--In carrying out this section, the 
Commission shall consider, with respect to the offenses described in 
subsection (a)--
            (1) whether the base offense level in the current 
        guidelines is adequate to address the serious nature of these 
        offenses and the public interest in protecting the integrity of 
        United States currency, especially in light of recent 
        technological advancements in counterfeiting methods that 
        decrease the cost and increase the availability of such 
        counterfeiting methods to criminals;
            (2) whether the current specific offense characteristic 
        applicable to manufacturing counterfeit obligations fails to 
        take into account the range of offenses in this category; and
            (3) any other factor that the Commission considers to be 
        appropriate.
    (c) Emergency Authority to Sentencing Commission.--The Commission 
shall promulgate the guidelines or amendments provided for under this 
section as soon as is practicable in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.

        PART 2--ADDITIONAL IMPROVEMENTS TO FEDERAL CRIMINAL LAW

SEC. 2421. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN COUNTRY.

    Section 1153(a) of title 18, United States Code, is amended by 
inserting ``or 1363'' after ``section 661''.

SEC. 2422. CORRECTIONS TO AMBER HAGERMAN CHILD PROTECTION ACT.

    (a) Aggravated Sexual Abuse.--Section 2241(c) of title 18, United 
States Code, is amended by striking ``younger than that person'' and 
inserting ``younger than the person so engaging''.
    (b) Sexual Abuse of a Minor or Ward.--Section 2243(a) of title 18, 
United States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``Except as 
        provided in section 2241(c) of this title, whoever''; and
            (2) by striking ``crosses a State line with intent to 
        engage in a sexual act with a person who has not attained the 
        age of 12 years, or''.
    (c) Definitions.--Section 2246 of title 18, United States Code, is 
amended--
            (1) in paragraph (4), by striking the period and inserting 
        a semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, possession, or 
        territory of the United States.''.

SEC. 2423. ELIMINATION OF ``BODILY HARM'' ELEMENT IN ASSAULT WITH A 
              DANGEROUS WEAPON OFFENSE.

    Section 113(a)(3) of title 18, United States Code, is amended by 
striking ``with intent to do bodily harm, and''.

SEC. 2424. 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. 2425. AUTHORITY FOR INJUNCTION AGAINST DISPOSAL OF ILL-GOTTEN 
              GAINS FROM VIOLATIONS OF FRAUD STATUTES.

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

SEC. 2426. EXPANSION OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER 
              INTERSTATE TRAVEL BY PERPETRATOR.

    Section 2314 of title 18, United States Code, is amended in the 
second undesignated paragraph--
            (1) by inserting ``travels in,'' before ``transports or 
        causes to be transported, or induce any person or persons to 
        travel in''; and
            (2) by inserting a comma after ``transports''.

SEC. 2427. CLARIFICATION OF SCOPE OF UNAUTHORIZED SELLING OF MILITARY 
              MEDALS OR DECORATIONS.

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

SEC. 2428. AMENDMENT TO SECTION 669 TO CONFORM TO PUBLIC LAW 104-294.

    Section 669 of title 18, United States Code, is amended by striking 
``$100'' and inserting ``$1,000''.

SEC. 2429. EXPANSION OF JURISDICTION OVER CHILD BUYING AND SELLING 
              OFFENSES.

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

SEC. 2430. LIMITS ON DISCLOSURE OF WIRETAP ORDERS.

    Section 2518(9) of title 18, United States Code, is amended by 
inserting ``aggrieved'' before the word ``party'' wherever it appears.

SEC. 2431. PRISON CREDIT AND AGING PRISONER REFORM.

    (a) Prison Credits in General.--Section 3585(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Credit for Prior Custody.--A defendant shall be given credit 
toward the service of a term of imprisonment for any time spent in 
official detention prior to the date the sentence commences only if 
that official detention is as a result of the offense for which the 
sentence was imposed and has not been--
            ``(1) credited toward another sentence; or
            ``(2) applied in any manner to an undischarged concurrent 
        term of imprisonment.''.
    (b) Good Time Credits for Foreign Prisoners Transferred to the 
United States.--Section 4105(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``by the Bureau of 
        Prisons and deducted from the sentence imposed by the foreign 
        court'' after ``These credits shall be combined'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (2) the following:
            ``(3) If the term of imprisonment under section 
        4106A(b)(1)(A) is less than or equal to the total sentence 
        imposed and certified by the foreign authorities on the basis 
        of considerations other than the limitation arising under 
        section 4106A(b)(1)(C), the Bureau of Prisons shall calculate 
        credits for satisfactory behavior at the rate provided in 
        section 3624(b) and computed on the basis of the term of 
        imprisonment under section 4106A(b)(1)(A). If the credits 
        calculated under this paragraph produc
2000
e a release date that is 
        earlier than the release date otherwise determined under this 
        section, the release date calculated under this paragraph shall 
        apply to the transferred offender.
            ``(4) Upon release from imprisonment, the offender shall 
        commence service of any period of supervised release 
        established pursuant to section 4106A(b)(1)(A), and the balance 
        of the foreign sentence remaining at the time of release from 
        prison shall not be reduced by credits for satisfactory 
        behavior, or labor, or any other credit that has been applied 
        to establish the offender's release date.''.
    (c) Conforming Amendment.--Section 4106A(b)(1)(A) of title 18, 
United States Code, is amended by striking ``release date'' and 
inserting ``term of imprisonment''.
    (d) Expansion of Provision Allowing for Release of Nondangerous 
Offenders Who Have Served at Least 30 Years in Prison and Are at Least 
70 Years Old.--Section 3582(c)(1)(A) of title 18, United States Code, 
is amended--
            (1) by inserting ``(and may impose a sentence of probation 
        or supervised release with or without conditions)'' after ``may 
        reduce the term of imprisonment'';
            (2) in subparagraph (ii), by inserting ``(other than an 
        offense or offenses under chapter 109A of this title)'' after 
        ``the offense or offenses''; and
            (3) in subparagraph (ii), by striking ``, pursuant to a 
        sentence imposed under section 3559(c),''.

SEC. 2432. MIRANDA REAFFIRMATION.

    Section 3501 of title 18, United States Code, is amended--
            (1) by striking subsections (a) and (b); and
            (2) by redesignating subsections (c), (d), and (e) as 
        subsections (a), (b), and (c), respectively.

    TITLE III--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

SEC. 3101. SHORT TITLE.

    This subtitle may be cited as the ``Crime Victims Assistance Act of 
2001''.

                         PART 1--VICTIM RIGHTS

 SEC. 3111. RIGHT TO NOTICE AND TO BE HEARD CONCERNING DETENTION.

    (a) In General.--Section 3142 of title 18, United States Code, is 
amended--
            (1) in subsection (g)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) the views of the victim; and''; and
            (2) by adding at the end the following:
    ``(k) Notice and Right To Be Heard.--
            ``(1) In general.--Subject to paragraph (2), with respect 
        to each hearing under subsection (f)--
                    ``(A) before the hearing, the Government shall make 
                reasonable efforts to notify the victim of--
                            ``(i) the date and time of the hearing; and
                            ``(ii) the right of the victim to be heard 
                        on the issue of detention; and
                    ``(B) at the hearing, the court shall inquire of 
                the Government whether the victim wishes to be heard on 
                the issue of detention and, if so, shall afford the 
                victim such an opportunity.
            ``(2) Exceptions.--The requirements of paragraph (1) shall 
        not apply to any case in which the Government or the court 
        reasonably believes--
                    ``(A) available evidence raises a significant 
                expectation of physical violence or other retaliation 
                by the victim against the defendant; or
                    ``(B) identification of the defendant by the victim 
                is a fact in dispute, and no means of verification has 
                been attempted.''.
    (b) Victim Defined.--Section 3156(a) of title 18, United States 
Code, is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) the term `victim'--
                    ``(A) means an individual harmed as a result of a 
                commission of an offense involving death or bodily 
                injury to any person, a threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault; and
                    ``(B) includes--
                            ``(i) in the case of a victim who is less 
                        than 18 years of age or incompetent, the parent 
                        or legal guardian of the victim;
                            ``(ii) in the case of a victim who is 
                        deceased or incapacitated, 1 or more family 
                        members designated by the court; and
                            ``(iii) any other person appointed by the 
                        court to represent the victim.''.

 SEC. 3112. RIGHT TO A SPEEDY TRIAL.

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

 SEC. 3113. RIGHT TO NOTICE AND TO BE HEARD CONCERNING PLEA.

    (a) In General.--Rule 11 of the Federal Rules of Criminal Procedure 
is amended--
            (1) by redesignating subdivision (h) as subdivision (i); 
        and
            (2) by inserting after subdivision (g) the following:
    ``(h) Rights of Victims.--
            ``(1) Victim defined.--In this subdivision, the term 
        `victim' means an individual harmed as a result of a commission 
        of an offense involving death or bodily injury to any person, a 
        threat of death or bodily injury to any person, a sexual 
        assault, or an attempted sexual assault, and also includes--
                    ``(A) in the case of a victim who is less than 18 
                years of age or incompetent, the parent or legal 
                guardian of the victim;
                    ``(B) in the case of a victim who is deceased or 
                incapacitated, 1 or more family members designated by 
                the court; and
                    ``(C) any other person appointed by the court to 
                represent the victim.
            ``(2) Notice.--The Government, before a proceeding at which 
        a plea of guilty or nolo contendere is entered, shall make 
        reasonable efforts to notify the victim of--
                    ``(A) the date and time of the proceeding;
                    ``(B) the elements of the proposed plea or plea 
                agreement;
                    ``(C) the right of the victim to attend the 
                proceeding; and
                    ``(D) the right of the victim to address the court 
                personally, through counsel, or in writing on the issue 
                of the proposed plea or plea agreement.
            ``(3) Opportunity to be heard.--The court, before accepting 
        a plea of guilty or nolo contendere, shall afford the victim an 
        opportunity to be heard, personally, through counsel, or in 
        writing, on the proposed plea or plea agreement.
            ``(4) Exceptions.--Notwithstanding any other provision of 
        this subdivision--
                    ``(A) in any case in which a victim is a defendant 
                in the same or a related case, or in which the 
                Government certifies to the court under seal that 
                affording such victim any right provided under this 
                rule will jeopardize an ongoing investigation, the 
                victim shall not have such right;
                    ``(B) a victim who, at the time of a proceeding at 
                which 
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a plea of guilty or nolo contendere is entered, 
                is incarcerated in any Federal, State, or local 
                correctional or detention facility, shall not have the 
                right to appear in person, but, subject to subparagraph 
                (A), shall be afforded a reasonable opportunity to 
                present views or participate by alternate means; and
                    ``(C) in any case involving more than 15 victims, 
                the court, after consultation with the Government and 
                the victims, may appoint a number of victims to 
                represent the interests of the victims, except that all 
                victims shall retain the right to submit a written 
                statement under paragraph (2).''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to be heard 
                on the issue of whether or not the court should accept 
                a plea of guilty or nolo contendere.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (a), then the 
                amendments made by subsection (a) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (a) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

 SEC. 3114. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

    (a) Amendment to Victim Rights Clarification Act.--Section 3510 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(d) Application to Televised Proceedings.--This section applies 
to any victim viewing proceedings pursuant to section 235 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 
10608), or any rule issued thereunder.''.
    (b) Amendment to Victims' Rights and Restitution Act of 1990.--
Section 502(b) of the Victims' Rights and Restitution Act of 1990 (42 
U.S.C. 10606(b)) is amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) The right to be present at all public court 
        proceedings related to the offense, unless the court determines 
        that testimony by the victim at trial would be materially 
        affected if the victim heard the testimony of other 
        witnesses.''; and
            (2) in paragraph (5), by striking ``attorney'' and 
        inserting ``the attorney''.

 SEC. 3115. RIGHT TO NOTICE AND TO BE HEARD CONCERNING SENTENCE.

    (a) Enhanced Notice and Consideration of Victims' Views.--
            (1) Imposition of sentence.--Section 3553(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) the views of any victims of the offense, if such 
        views are presented to the court; and''.
            (2) Issuance and enforcement of order of restitution.--
        Section 3664(d)(2)(A) of title 18, United States Code is 
        amended--
                    (A) by redesignating clauses (v) and (vi) as 
                clauses (vii) and (viii) respectively; and
                    (B) by inserting after clause (iv) the following:
            ``(v) the opportunity of the victim to attend the 
        sentencing hearing;
            ``(vi) the opportunity of the victim, personally or through 
        counsel, to make a statement or present any information to the 
        court in relation to the sentence;''.
    (b) Enhanced Participatory Rights.--Rule 32 of the Federal Rules of 
Criminal Procedure is amended--
            (1) in subdivision (b)--
                    (A) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Notice to victim.--The probation officer must, before 
        submitting the presentence report, provide notice to the victim 
        as provided by section 3664(d)(2)(A) of title 18, United States 
        Code.''; and
                    (C) in paragraph (5), as redesignated--
                            (i) by redesignating subparagraphs (E) 
                        through (H) as subparagraphs (F) through (I), 
                        respectively; and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) any victim impact statement submitted by a 
                victim to the probation officer;'';
            (2) in subdivision (c)(3), by striking subparagraph (E) and 
        inserting the following:
                    ``(E) afford the victim, personally or through 
                counsel, an opportunity to make a statement or present 
                any information in relation to the sentence, including 
                information concerning the extent and scope of the 
                victim's injury or loss, and the impact of the offense 
                on the victim or the family of the victim, except that 
                the court may reasonably limit the number of victims 
                permitted to address the court if the number is so 
                large that affording each victim such right would 
                result in cumulative victim impact information or would 
                unreasonably prolong the sentencing process.''; and
            (3) in subdivision (f)(1)--
                    (A) by striking ``the right of allocution under 
                subdivision (c)(3)(E)'' and inserting ``the notice and 
                participatory rights under subdivisions (b)(4) and 
                (c)(3)(E)''; and
                    (B) by striking ``if such person or pers
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ons are 
                present at the sentencing hearing, regardless of 
                whether the victim is present;''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (b) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to 
                participate during the presentencing and sentencing 
                phase of the criminal process.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (b), then the 
                amendments made by subsection (b) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (b), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (b) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

 SEC. 3116. RIGHT TO NOTICE AND TO BE HEARD CONCERNING SENTENCE 
              ADJUSTMENT.

    (a) In General.--Rule 32.1(a) of the Federal Rules of Criminal 
Procedure is amended by adding at the end the following:
            ``(3) Notice to victim.--At any hearing pursuant to 
        paragraph (2) involving 1 or more persons who have been 
        convicted of an offense involving death or bodily injury to any 
        person, a threat of death or bodily injury to any person, a 
        sexual assault, or an attempted sexual assault, the Government 
        shall make reasonable efforts to notify the victim of the 
        offense (and the victim of any new charges giving rise to the 
        hearing), of--
                    ``(A) the date and time of the hearing; and
                    ``(B) the right of the victim to attend the hearing 
                and to address the court regarding whether the terms or 
                conditions of probation or supervised release should be 
                modified.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                ensure that reasonable efforts are made to notify 
                victims of violent offenses of any revocation hearing 
                held pursuant to Rule 32.1(a)(2), and to afford such 
                victims an opportunity to participate.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) shall become effective 
                30 days after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendment made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendment made by subsection (a) shall become effective 
                360 days after the date of enactment of this Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

 SEC. 3117. RIGHT TO NOTICE OF RELEASE OR ESCAPE.

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

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

 SEC. 3118. RIGHT TO NOTICE AND TO BE HEARD CONCERNING EXECUTIVE 
              CLEMENCY.

    (a) Notification.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by adding after section 3627, as added by 
section 3117, the following:
``Sec. 3628. Notice to victims concerning grant of executive clemency
    ``(a) Definitions.--In this section--
            ``(1) the term `executive clemency'--
                    ``(A) means any exercise by the President of the 
                power to grant reprieves and pardons under clause 1 of 
                section 2 of article II of the Constitution of the 
                United States; and
                    ``(B) includes any pardon, reprieve, commutation of 
                sentence, or remission of fine; and
            ``(2) the term `victim' has the same meaning given that 
        term in section 503(e) of the Victims' Rights and Restitution 
        Act of 1990 (42 U.S.C. 10607(e)).
    ``(b) Notice of Grant of Executive Clemency.--
            ``(1) If a petition for executive clemency is granted, the 
        Attorney General shall make reasonable efforts to notify any 
        victim of any offense that is the subject of the grant of 
        executive clemency that such grant has been made as soon as 
        practicable after that grant is made.
            ``(2) If a grant of executive clemency will result in the 
        release of any person from custody, notice under paragraph (1) 
        shall be prior to that release from custody, if practicable.''.
    (b) Technical and Conforming Amendment.--The analysis for 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by adding at the end the following:

``3628. Notice to victims concerning grant of executive clemency.''.
    (c) Reporting Requirements.--The Attorney General shall submit 
biannually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on executive clemency matters 
or cases delegated for review or investigation to the Attorney General 
by the President, including for each year--
            (1) the number of petitions so delegated;
            (2) the number of reports submitted to the President;
            (3) the number of petitions for executive clemency granted 
        and the number denied;
            (4) the name of each person whose petition for executive 
        clemency was granted or denied and the offenses of conviction 
        of that person for which executive clemency was granted or 
        denied; and
            (5) with respect to any person granted executive clemency, 
        the date that any victim of an offense that was the subject of 
        that grant of executive clemency was notified, pursuant to 
        Department of Justice regulations, of a petition for executive 
        clemency, and whether such victim submitted a statement 
        concerning the petition.
    (d) Sense of Congress Concerning the Right of Victims To Notice and 
To Be Heard Concerning Executive Clemency.--It is the sense of Congress 
that--
            (1) victims of a crime should be notified about any 
        petition for executive clemency filed by the perpetrators of 
        that crime and provided an opportunity to submit a statement 
        concerning the petition to the President; and
            (2) the Attorney General should promulgate regulations or 
        internal guidelines to ensure that such notification and 
        opportunity to submit a statement are provided.

 SEC. 3119. REMEDIES FOR NONCOMPLIANCE.

    (a) General Limitation.--Any failure to comply with any amendment 
made by this part shall not give rise to a claim for damages, or any 
other action against the United States, or any employee of the United 
States, any court official or officer of the court, or an entity 
contracting with the United States, or any action seeking a rehearing 
or other reconsideration of action taken in connection with a 
defendant.
    (b) Regulations To Ensure Compliance.--
            (1) In general.--Notwithstanding subsection (a), not later 
        than 1 year after the date of enactment of this Act, the 
        Attorney General of the United States and the Chairman of the 
        United States Parole Commission shall promulgate regulations to 
        implement and enforce the amendments made by this title.
            (2) Contents.--The regulations promulgated under paragraph 
        (1) shall--
                    (A) contain disciplinary sanctions, including 
                suspension or termination from employment, for 
                employees of the Department of Justice (including 
                employees of the United States Parole Commission) who 
                willfully or repeatedly violate the amendments made by 
                this title, or willfully or repeatedly refuse or fail 
                to comply with provisions of Federal law pertaining to 
                the treatment of victims of crime;
                    (B) include an administrative procedure through 
                which parties can file formal complaints with the 
                Department of Justice alleging violations of the 
                amendments made by this title;
                    (C) provide that a complainant is prohibited from 
                recovering monetary damages against the United States, 
                or any employee of the United States, either in his 
                official or personal capacity; and
                    (D) provide that the Attorney General, or the 
                designee of the Attorney General, shall be the final 
                arbiter of the complaint, and there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.

                 PART 2--VICTIM ASSISTANCE INITIATIVES

 SEC. 3121. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME 
              VICTIMS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Victims of Crime.
            (2) Office.--The term ``Office'' means the Office for 
        Victims of Crime.
            (3) Qualified private entity.--The term ``qualified private 
        entity'' means a private entity that meets such requirements as 
        the Attorney General, acting through the Director, may 
        establish.
            (4) Qualified unit of state or local government.--The term 
        ``local government'' means a unit of a State or local 
        government, including a State court, that meets such 
        requirements as the Attorney General, acting through the 
        Director, may establish.
            (5) Voice centers.--The term ``VOICE Centers'' means the 
        Victim Ombudsman Information Centers established under the 
        program under subsection (b).
    (b) Pilot Programs.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director, shall establish and carry out a program to provide 
        for pilot programs to establish and operate Victim Ombudsman 
        Information Centers in each of the following States:
                    (A) Iowa.
                    (B) Massachusetts.
                    (C) Maryland.
                    (D) Vermont.
                    (E) Virginia.
                    (F) Washington.
      
2000
              (G) Wisconsin.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a qualified private entity or unit of State or 
                local government to conduct a pilot program referred to 
                in paragraph (1). Under the agreement, the Attorney 
                General, acting through the Director, shall provide for 
                a grant to assist the qualified private entity or unit 
                of State or local government in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the VOICE Center shall be established 
                        in accordance with this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a VOICE 
                        Center under this section (including the 
                        applicable reporting duties under subsection 
                        (c) and the terms of the agreement) each VOICE 
                        Center shall operate independently of the 
                        Office.
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a VOICE Center.
    (c) Objectives.--
            (1) Mission.--The mission of each VOICE Center established 
        under a pilot program under this section shall be to assist a 
        victim of a Federal or State crime to ensure that the victim--
                    (A) is fully apprised of the rights of that victim 
                under applicable Federal or State law; and
                    (B) is provided the opportunity to participate in 
                the criminal justice process to the fullest extent of 
                the law.
            (2) Duties.--The duties of a VOICE Center shall include--
                    (A) providing information to victims of Federal or 
                State crime regarding the right of those victims to 
                participate in the criminal justice process (including 
                information concerning any right that exists under 
                applicable Federal or State law);
                    (B) identifying and responding to situations in 
                which the rights of victims of crime under applicable 
                Federal or State law may have been violated;
                    (C) attempting to facilitate compliance with 
                Federal or State law referred to in subparagraph (B);
                    (D) educating police, prosecutors, Federal and 
                State judges, officers of the court, and employees of 
                jails and prisons concerning the rights of victims 
                under applicable Federal or State law; and
                    (E) taking measures that are necessary to ensure 
                that victims of crime are treated with fairness, 
                dignity, and compassion throughout the criminal justice 
                process.
    (d) Oversight.--
            (1) Technical assistance.--The Office may provide technical 
        assistance to each VOICE Center.
            (2) Annual report.--Each qualified private entity or 
        qualified unit of State or local government that carries out a 
        pilot program to establish and operate a VOICE Center under 
        this section shall prepare and submit to the Director, not 
        later than 1 year after the VOICE Center is established, and 
        annually thereafter, a report that--
                    (A) describes in detail the activities of the VOICE 
                Center during the preceding year; and
                    (B) outlines a strategic plan for the year 
                following the year covered under subparagraph (A).
    (e) Review of Program Effectiveness.--
            (1) GAO study.--Not later than 2 years after the date on 
        which each VOICE Center established under a pilot program under 
        this section is fully operational, the Comptroller General of 
        the United States shall conduct a review of each pilot program 
        carried out under this section to determine the effectiveness 
        of the VOICE Center that is the subject of the pilot program in 
        carrying out the mission and duties described in subsection 
        (c).
            (2) Other studies.--Not later than 2 years after the date 
        on which each VOICE Center established under a pilot program 
        under this section is fully operational, the Attorney General, 
        acting through the Director, shall enter into an agreement with 
        1 or more private entities that meet such requirements that the 
        Attorney General, acting through the Director, may establish, 
        to study the effectiveness of each VOICE Center established by 
        a pilot program under this section in carrying out the mission 
        and duties described in subsection (c).
    (f) Termination Date.--
            (1) In general.--Except as provided in paragraph (2), a 
        pilot program established under this section shall terminate on 
        the date that is 4 years after the date of enactment of this 
        Act.
            (2) Renewal.--If the Attorney General determines that any 
        of the pilot programs established under this section should be 
        renewed for an additional period, the Attorney General may 
        renew that pilot program for a period not to exceed 2 years.
    (g) Funding.--Notwithstanding any other provision of law, an 
aggregate amount not to exceed $5,000,000 of the amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act''), may be used by the 
Director to make grants under subsection (b).

 SEC. 3122. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) any gifts, bequests, or donations from private 
        entities or individuals.''; and
            (2) in subsection (d)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``48.5'' and inserting ``47.5'';
                            (ii) in subparagraph (B), by striking 
                        ``48.5'' and inserting ``47.5''; and
                            (iii) in subparagraph (C), by striking 
                        ``3'' and inserting ``5''; and
                    (B) in paragraph (5), by adding at the end the 
                following:
                    ``(C) Any State that receives supplemental funding 
                to respond to incidents or terrorism or mass violence 
                under this section shall be required to return to the 
                Crime Victims Fund for deposit in the reserve fund, 
                amounts subrogated to the State as a result of third-
                party payments to victims.''.
    (b) Crime Victim Compensation.--Section 1403 of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602) is amended--
            (1) in subsection (a)--
                    (A) in each of paragraphs (1) and (2), by striking 
                ``40'' and inserting ``60''; and
                    (B) in paragraph (3)--
                            (i) by striking ``5'' and inserting ``10''; 
                        and
                            (ii
2000
) by inserting ``and evaluation'' after 
                        ``administration''; and
            (2) in subsection (b)--
                    (A) in paragraph (7), by inserting ``because the 
                identity of the offender was not determined beyond a 
                reasonable doubt in a criminal trial, because criminal 
                charges were not brought against the offender, or'' 
                after ``deny compensation to any victim'';
                    (B) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (C) by inserting after paragraph (7) the following:
            ``(8) such program does not discriminate against victims 
        because they oppose the death penalty or disagree with the way 
        the State is prosecuting the criminal case.''.
    (c) Crime Victim Assistance.--Section 1404 of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603) is amended--
            (1) in subsection (b)(3), by striking ``5'' and inserting 
        ``10'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or enter into 
                        cooperative agreements'' after ``make grants'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) for demonstration projects, evaluation, 
                training, and technical assistance services to eligible 
                organizations;'';
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) training and technical assistance that 
                address the significance of and effective delivery 
                strategies for providing long-term psychological 
                care.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) use funds made available to the Director 
                under this subsection--
                            ``(i) for fellowships and clinical 
                        internships; and
                            ``(ii) to carry out programs of training 
                        and special workshops for the presentation and 
                        dissemination of information resulting from 
                        demonstrations, surveys, and special 
                        projects.''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) the term `State' includes--
                    ``(A) the District of Columbia, the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, and any 
                other territory or possession of the United States; and
                    ``(B) for purposes of a subgrant under subsection 
                (a)(1) or a grant or cooperative agreement under 
                subsection (c)(1), the United States Virgin Islands and 
                any agency of the Government of the District of 
                Columbia or the Federal Government performing law 
                enforcement functions in and on behalf of the District 
                of Columbia.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end; and
                            (ii) by adding at the end the following:
                    ``(E) public awareness and education and crime 
                prevention activities that promote, and are conducted 
                in conjunction with, the provision of victim 
                assistance; and
                    ``(F) for purposes of an award under subsection 
                (c)(1)(A), preparation, publication, and distribution 
                of informational materials and resources for victims of 
                crime and crime victims organizations.'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) the term `crisis intervention services' means 
        counseling and emotional support including mental health 
        counseling, provided as a result of crisis situations for 
        individuals, couples, or family members following and related 
        to the occurrence of crime;'';
                    (D) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(6) for purposes of an award under subsection (c)(1), the 
        term `eligible organization' includes any--
                    ``(A) national or State organization with a 
                commitment to developing, implementing, evaluating, or 
                enforcing victims' rights and the delivery of services;
                    ``(B) State agency or unit of local government;
                    ``(C) State court;
                    ``(D) tribal organization;
                    ``(E) organization--
                            ``(i) described in section 501(c) of the 
                        Internal Revenue Code of 1986; and
                            ``(ii) exempt from taxation under section 
                        501(a) of such Code; or
                    ``(F) other entity that the Director determines to 
                be appropriate.''.

 SEC. 3123. INCREASED TRAINING FOR LAW ENFORCEMENT OFFICERS AND COURT 
              PERSONNEL TO RESPOND TO THE NEEDS OF CRIME VICTIMS.

    Notwithstanding any other provision of law, amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act'') may be used by the Office 
for Victims of Crime to make grants to States, State courts, units of 
local government, and qualified private entities, to provide training 
and information to prosecutors, judges, law enforcement officers, 
probation officers, and other officers and employees of Federal and 
State courts to assist them in responding effectively to the needs of 
victims of crime.

 SEC. 3124. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR 
              NOTIFYING CRIME VICTIMS OF IMPORTANT DATES AND 
              DEVELOPMENTS.

    (a) In General.--Subtitle A of title XXIII of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
2077) is amended by adding at the end the following:

``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF 
              IMPORTANT DATES AND DEVELOPMENTS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office for Victims of Crime of the Department of 
Justice such sums as may be necessary for grants to Federal, State, and 
local prosecutors' offices and law enforcement agencies, Federal and 
State courts, county jails, Federal and State correctional 
institutions, and qualified private entities, to develop and implement 
state-of-the-art systems for notifying victims of crime of important 
dates and developments relating to the criminal proceedings at issue.
    ``(b) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.
    (b) Violent Crime Reduction Trust Fund.--Section 310004(d) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14214(d)) is amended--
            (1) in the first paragraph designated as paragraph (15) 
        (relating t
2000
o the definition of the term ``Federal law 
        enforcement program''), by striking ``and'' at the end;
            (2) in the first paragraph designated as paragraph (16) 
        (relating to the definition of the term ``Federal law 
        enforcement program''), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after the first paragraph designated as 
        paragraph (16) (relating to the definition of the term 
        ``Federal law enforcement program'') the following:
            ``(17) section 230103.''.

       PART 3--VICTIM-OFFENDER PROGRAMS: ``RESTORATIVE JUSTICE''

SEC. 3131. PILOT PROGRAM AND STUDY ON EFFECTIVENESS OF RESTORATIVE 
              JUSTICE APPROACH ON BEHALF OF VICTIMS OF CRIME.

    (a) In General.--Notwithstanding any other provision of law, 
amounts collected pursuant to sections 3729 through 3731 of title 31, 
United States Code (commonly known as the ``False Claims Act'') and 
amounts available in the Crime Victims Fund (42 U.S.C. 10601 et seq.), 
may be used by the Office of Justice Programs of the Department of 
Justice to make grants to States, State courts, units of local 
government, tribal governments, and qualified private entities for the 
establishment of pilot programs that implement balanced and restorative 
justice models in juvenile court settings.
    (b) Study.--The Office of Justice Programs of the Department of 
Justice shall conduct a study and report to Congress not later than 2 
years after the date of enactment of this Act on the effectiveness of 
restorative justice models utilized as a part of grants made pursuant 
to this section.
    (c) Criteria.--The study shall--
            (1) evaluate the success of models already implemented in 
        the States;
            (2) examine such factors as community restoration, victim 
        restoration, offender accountability, offender training, and 
        treatment; and
            (3) contain recommendations of best practices.
    (d) Voluntary Programs.--Any program funded under this section 
shall be fully voluntary by both the victim and the offender, once the 
prosecuting agency has determined that the case is appropriate.
    (e) Definition of Balanced and Restorative Justice Model.--In this 
section, the term ``balanced and restorative justice model'' means 
programs served by the criminal justice system that utilize 
alternatives to incarceration where the purposes are to--
            (1) protect the community served by the system and 
        agencies;
            (2) ensure accountability of the offender and the system;
            (3) obligate the offender to pay restitution to the victim 
        and/or the community; and
            (4) equip juvenile offenders with the skills needed to live 
        responsibly and productively.
    (f) Authorization.--There are authorized to be appropriated such 
sums as are necessary to carry out this section.

          Subtitle B--Violence Against Women Act Enhancements

SEC. 3201. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

    (a) State Shelter Grants.--Section 303(a)(2)(C) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is 
amended by striking ``populations underserved because of ethnic, 
racial, cultural, language diversity or geographic isolation'' and 
inserting ``populations underserved because of race, ethnicity, age, 
disability, religion, alienage status, geographic location (including 
rural isolation), or language barriers, and any other populations 
determined by the Secretary to be underserved''.
    (b) Secretarial Responsibilities.--Section 305(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
            (1) by striking ``an employee'' and inserting ``1 or more 
        employees'';
            (2) by striking ``of this title.'' and inserting ``of this 
        title, including carrying out evaluation and monitoring under 
        this title.''; and
            (3) by striking ``The individual'' and inserting ``Any 
        individual''.
    (c) Resource Centers.--Section 308 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407) is amended--
            (1) in subsection (a)(2), by inserting ``on providing 
        information, training, and technical assistance'' after 
        ``focusing''; and
            (2) in subsection (c), by adding at the end the following:
            ``(8) Providing technical assistance and training to local 
        entities carrying out domestic violence programs that provide 
        shelter, related assistance, or transitional housing 
        assistance.
            ``(9) Improving access to services, information, and 
        training, concerning family violence, within Indian tribes and 
        Indian tribal agencies.
            ``(10) Providing technical assistance and training to 
        appropriate entities to improve access to services, 
        information, and training concerning family violence occurring 
        in underserved populations.''.
    (d) Conforming Amendment.--Section 309(6) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10408(6)) is amended by striking 
``the Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands'' and inserting ``the United States 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and 
the combined Freely Associated States''.
    (e) Reauthorization.--Section 310 of the Family Violence Prevention 
and Services Act (42 U.S.C. 10409) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this title 
        $175,000,000 for each of fiscal years 2002 through 2005.
            ``(2) Source of funds.--Amounts made available under 
        paragraph (1) may be appropriated from the Violent Crime 
        Reduction Trust Fund established under section 310001 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14211).'';
            (2) in subsection (b), by striking ``under subsection 
        303(a)'' and inserting ``under section 303(a)'';
            (3) in subsection (c), by inserting ``not more than the 
        lesser of $7,500,000 or'' before ``5''; and
            (4) by adding at the end the following:
    ``(f) Evaluation, Monitoring, and Administration.--Of the amounts 
appropriated under subsection (a) for each fiscal year, not more than 1 
percent shall be used by the Secretary for evaluation, monitoring, and 
administrative costs under this title.''.
    (f) State Domestic Violence Coalition Grant Activities.--Section 
311 of the Family Violence Prevention and Services Act (42 U.S.C. 
10410) is amended--
            (1) in subsection (a)(4), by striking ``underserved racial, 
        ethnic or language-minority populations'' and inserting 
        ``underserved populations described in section 303(a)(2)(C)''; 
        and
            (2) in subsection (c), by striking ``the U.S. Virgin 
        Islands, the Northern Mariana Islands, and the Trust Territory 
        of the Pacific Islands'' and inserting ``the United States 
        Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, and the Freely Associated States''.

SEC. 3202. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
              VIOLENCE.

    Title III of the Family Violence Prevention and Services Act (42 
U.S.C. 10401 et seq.) is amended by adding at the end the following new 
section:

``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

    ``(a) In General.--The Secretary shall award grants under this 
section to carry out programs to provide assistance to individuals, and 
their dependents--
            ``(1) who are homeless or in need of transitional housing 
        or other housing assistance, as a result of fleeing a situation 
        of domestic violence; and
            ``(2) for whom emergency shelter services are unavailable 
        or insufficient.
    ``(b)
2000
 Assistance Described.--Assistance provided under this section 
may include--
            ``(1) short-term housing assistance, including rental or 
        utilities payments assistance and assistance with related 
        expenses, such as payment of security deposits and other costs 
        incidental to relocation to transitional housing, in cases in 
        which assistance described in this paragraph is necessary to 
        prevent homelessness because an individual or dependent is 
        fleeing a situation of domestic violence; and
            ``(2) short-term support services, including payment of 
        expenses and costs associated with transportation and job 
        training referrals, child care, counseling, transitional 
        housing identification and placement, and related services.
    ``(c) Term of Assistance.--An individual or dependent assisted 
under this section may not receive assistance under this section for a 
total of more than 12 months.
    ``(d) Reports.--
            ``(1) Report to secretary.--
                    ``(A) In general.--An entity that receives a grant 
                under this section shall annually prepare and submit to 
                the Secretary a report describing the number of 
                individuals and dependents assisted, and the types of 
                housing assistance and support services provided, under 
                this section.
                    ``(B) Contents.--Each report shall include 
                information on--
                            ``(i) the purpose and amount of housing 
                        assistance provided to each individual or 
                        dependent assisted under this section;
                            ``(ii) the number of months each individual 
                        or dependent received the assistance;
                            ``(iii) the number of individuals and 
                        dependents who were eligible to receive the 
                        assistance, and to whom the entity could not 
                        provide the assistance solely due to a lack of 
                        available housing; and
                            ``(iv) the type of support services 
                        provided to each individual or dependent 
                        assisted under this section.
            ``(2) Report to congress.--The Secretary shall annually 
        prepare and submit to the Committee on the Judiciary of the 
        House of Representatives and the Committee on the Judiciary of 
        the Senate a report that contains a compilation of the 
        information contained in reports submitted under paragraph (1).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211) to carry out this section--
            ``(1) $25,000,000 for each of fiscal years 2002 through 
        2003; and
            ``(2) $30,000,000 for each of fiscal years 2004 and 
        2005.''.

SEC. 3203. FAMILY UNITY DEMONSTRATION PROJECT.

    Section 31904(a) of the Family Unity Demonstration Project Act (42 
U.S.C. 13883(a)) is amended--
            (1) by striking ``1997'' and inserting ``2002'';
            (2) by striking ``1998'' and inserting ``2003'';
            (3) by striking ``1999'' and inserting ``2004''; and
            (4) by striking ``2000'' and inserting ``2005''.

                       Subtitle C--Senior Safety

SEC. 3301. SHORT TITLE.

    This subtitle may be cited as the ``Seniors Safety Act of 2001''.

SEC. 3302. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The number of older Americans is growing both 
        numerically and proportionally in the United States. Since 
        1990, the population of seniors has increased by almost 
        5,000,000, and is now 20.2 percent of the United States 
        population.
            (2) In 1997, 7 percent of victims of serious violent crime 
        were age 50 or older.
            (3) In 1997, 17.7 percent of murder victims were age 55 or 
        older.
            (4) According to the National Crime Victimization Survey, 
        persons aged 50 and older experienced approximately 673,460 
        incidents of violent crime, including rape and sexual assaults, 
        robberies and general assaults, during 1997.
            (5) Older victims of violent crime are almost twice as 
        likely as younger victims to be raped, robbed, or assaulted at 
        or in their own homes.
            (6) Approximately half of Americans who are 50 years old or 
        older feel afraid to walk alone at night in their own 
        neighborhoods.
            (7) Seniors over the age of 50 reportedly account for 37 
        percent of the estimated $40,000,000,000 in losses each year 
        due to telemarketing fraud.
            (8) In 1998, Congress enacted legislation to provide for 
        increased penalties for telemarketing fraud that targets 
        seniors.
            (9) There has not been a comprehensive study of crimes 
        committed against seniors since 1994.
            (10) It has been estimated that approximately 43 percent of 
        those turning 65 can expect to spend some time in a long-term 
        care facility, and approximately 20 percent can expect to spend 
        5 years or longer in a such a facility.
            (11) In 1997, approximately $82,800,000,000 was spent on 
        nursing home care in the United States and over half of this 
        amount was spent by the medicaid and medicare programs.
            (12) Losses to fraud and abuse in health care reportedly 
        cost the United States an estimated $100,000,000,000 in 1996.
            (13) The Inspector General for the Department of Health and 
        Human Services has estimated that about $12,600,000,000 in 
        improper medicare benefit payments, due to inadvertent mistake, 
        fraud and abuse, were made during fiscal year 1998.
            (14) Incidents of health care fraud and abuse remain high 
        despite awareness of the problem.
    (b) Purposes.--The purposes of this subtitle are to--
            (1) combat nursing home fraud and abuse;
            (2) enhance safeguards for pension plans and health care 
        programs;
            (3) develop strategies for preventing and punishing crimes 
        that target or otherwise disproportionately affect seniors by 
        collecting appropriate data to measure the extent of crimes 
        committed against seniors and determine the extent of domestic 
        and elder abuse of seniors; and
            (4) prevent and deter criminal activity, such as 
        telemarketing fraud, that results in economic and physical harm 
        against seniors and ensure appropriate restitution.

SEC. 3303. DEFINITIONS.

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

                PART 1--COMBATING CRIMES AGAINST SENIORS

SEC. 3311. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend section 3A1.1(a) of 
the Federal sentencing guidelines to include the age of a crime victim 
as 1 of the
2000
 criteria for determining whether the application of a 
sentencing enhancement is appropriate.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious 
        economic and physical harms associated with criminal activity 
        targeted at seniors due to their particular vulnerability;
            (2) consider providing increased penalties for persons 
        convicted of offenses in which the victim was a senior in 
        appropriate circumstances;
            (3) consult with individuals or groups representing 
        seniors, law enforcement agencies, victims organizations, and 
        the Federal judiciary, as part of the review described in 
        subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that may justify exceptions, including circumstances for which 
the Federal sentencing guidelines provide sentencing enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing set forth in section 
        3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2002, the Commission shall 
submit to Congress a report on issues relating to the age of crime 
victims, which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for offenses involving seniors.

SEC. 3312. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend the Federal 
sentencing guidelines and the policy statements of the Commission with 
respect to persons convicted of offenses involving fraud in connection 
with a health care benefit program (as defined in section 24(b) of 
title 18, United States Code).
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious harms 
        associated with health care fraud and the need for aggressive 
        and appropriate law enforcement action to prevent such fraud;
            (2) consider providing increased penalties for persons 
        convicted of health care fraud in appropriate circumstances;
            (3) consult with individuals or groups representing victims 
        of health care fraud, law enforcement agencies, the health care 
        industry, and the Federal judiciary as part of the review 
        described in subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the Federal sentencing guidelines provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing as set forth in 
        section 3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2002, the Commission shall 
submit to Congress a report on issues relating to offenses described in 
subsection (a), which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for those offenses.

SEC. 3313. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS INJURY OR 
              DEATH.

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

SEC. 3314. SAFEGUARDING PENSION PLANS FROM FRAUD AND THEFT.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1348. Fraud in relation to retirement arrangements
    ``(a) Retirement Arrangement Defined.--In this section--
            ``(1) In general.--The term `retirement arrangement' 
        means--
                    ``(A) any employee pension benefit plan subject to 
                any provision of title I of the Employee Retirement 
                Income Security Act of 1974;
                    ``(B) any qualified retirement plan within the 
                meaning of section 4974(c) of the Internal Revenue Code 
                of 1986;
                    ``(C) any medical savings account described in 
                section 220 of the Internal Revenue Code of 1986; or
                    ``(D) fund established within the Thrift Savings 
                Fund by the Federal Retirement Thrift Investment Board 
                pursuant to subchapter III of chapter 84 of title 5.
            ``(2) Exception for governmental plan.--Such term does not 
        include any governmental plan (as defined in section 3(32) of 
        title I of the Employee Retirement Income Security Act of 1974 
        (29 U.S.C. 1002(32))), except as provided in paragraph (1)(D).
            ``(3) Certain arrangements included.--Such term shall 
        include any arrangement that has been represented to be an 
        arrangement described in any subparagraph of paragraph (1) 
        (whether or not so described).
    ``(b) Prohibition and Penalties.--Whoever executes, or attempts to 
execute, a scheme or artifice--
            ``(1) to defraud any retirement arrangement or other person 
        in connection with the establishment or maintenance of a 
        retirement arrangement; or
            ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any of the money or property 
        owned by, or under the custody or control of, any retirement 
        arrangement or other person in connection with the 
        establishment or maintenance of a retirement arrangement;
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Enforcement.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General may investigate any violation of and otherwise enforce 
        this section.
            ``(2) Effect on other authority.--Nothing in this 
        subsection may be construed to preclude the Secretary of Labor 
        or the head of any other appropriate Federal agency from 
        investigating a violation of this section in relation to a 
        retirement arrangement subject to title I of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) 
        or any other provision of Federal law.''.
    (b) Technical Amendment.--Section 24(a)(1) of title 18, United 
States Code, is amended by inserting ``1348,'' after ``1347,''.
    (c) Conforming Amendment.--The analysis for chapter 63 of title 18, 
United States Code, is amended by adding at the end the following:

``1348. Fraud in relati
2000
on to retirement arrangements.''.

SEC. 3315. ADDITIONAL CIVIL PENALTIES FOR DEFRAUDING PENSION PLANS.

    (a) In General.--
            (1) Action by attorney general.--Except as provided in 
        subsection (b)--
                    (A) the Attorney General may bring a civil action 
                in the appropriate district court of the United States 
                against any person who engages in conduct constituting 
                an offense under section 1348 of title 18, United 
                States Code, or conspiracy to violate such section 
                1348; and
                    (B) upon proof of such conduct by a preponderance 
                of the evidence, such person shall be subject to a 
                civil penalty in an amount equal to the greatest of--
                            (i) the amount of pecuniary gain to that 
                        person;
                            (ii) the amount of pecuniary loss sustained 
                        by the victim; or
                            (iii) not more than--
                                    (I) $50,000 for each such violation 
                                in the case of an individual; or
                                    (II) $100,000 for each violation in 
                                the case of a person other than an 
                                individual.
            (2) No effect on other remedies.--The imposition of a civil 
        penalty under this subsection does not preclude any other 
        statutory, common law, or administrative remedy available by 
        law to the United States or any other person.
    (b) Exception.--No civil penalty may be imposed pursuant to 
subsection (a) with respect to conduct involving a retirement 
arrangement that--
            (1) is an employee pension benefit plan subject to title I 
        of Employee Retirement Income Security Act of 1974; and
            (2) for which the civil penalties may be imposed under 
        section 502 of Employee Retirement Income Security Act of 1974 
        (29 U.S.C. 1132).
    (c) Determination of Penalty Amount.--In determining the amount of 
the penalty under subsection (a), the district court may consider the 
effect of the penalty on the violator or other person's ability to--
            (1) restore all losses to the victims; or
            (2) provide other relief ordered in another civil or 
        criminal prosecution related to such conduct, including any 
        penalty or tax imposed on the violator or other person pursuant 
        to the Internal Revenue Code of 1986.''.

SEC. 3316. PUNISHING BRIBERY AND GRAFT IN CONNECTION WITH EMPLOYEE 
              BENEFIT PLANS.

    Section 1954 of title 18, United State Code, is amended to read as 
follows:
``Sec. 1954. Bribery and graft in connection with employee benefit 
              plans
    ``(a) Definitions.--In this section--
            ``(1) the term `employee benefit plan' means any employee 
        welfare benefit plan or employee pension benefit plan subject 
        to any provision of title I of the Employee Retirement Income 
        Security Act of 1974;
            ``(2) the terms `employee organization', `administrator', 
        and `employee benefit plan sponsor' mean any employee 
        organization, administrator, or plan sponsor, as defined in 
        title I of the Employment Retirement Income Security Act of 
        1974; and
            ``(3) the term `applicable person' means a person who is--
                    ``(A) an administrator, officer, trustee, 
                custodian, counsel, agent, or employee of any employee 
                benefit plan;
                    ``(B) an officer, counsel, agent, or employee of an 
                employer or an employer any of whose employees are 
                covered by such plan;
                    ``(C) an officer, counsel, agent, or employee of an 
                employee organization any of whose members are covered 
                by such plan;
                    ``(D) a person who, or an officer, counsel, agent, 
                or employee of an organization that, provides benefit 
                plan services to such plan; or
                    ``(E) a person with actual or apparent influence or 
                decisionmaking authority in regard to such plan.
    ``(b) Bribery and Graft.--Whoever--
            ``(1) being an applicable person, receives or agrees to 
        receive or solicits, any fee, kickback, commission, gift, loan, 
        money, or thing of value, personally or for any other person, 
        because of or with the intent to be corruptly influenced with 
        respect to any action, decision, or duty of that applicable 
        person relating to any question or matter concerning an 
        employee benefit plan;
            ``(2) directly or indirectly, gives or offers, or promises 
        to give or offer, any fee, kickback, commission, gift, loan, 
        money, or thing of value, to any applicable person, because of 
        or with the intent to be corruptly influenced with respect to 
        any action, decision, or duty of that applicable person 
        relating to any question or matter concerning an employee 
        benefit plan; or
            ``(3) attempts to give, accept, or receive any thing of 
        value with the intent to be corruptly influenced in violation 
        of this subsection;
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(c) Exceptions.--Nothing in this section may be construed to 
apply to any--
            ``(1) payment to or acceptance by any person of bona fide 
        salary, compensation, or other payments made for goods or 
        facilities actually furnished or for services actually 
        performed in the regular course of his duties as an applicable 
        person; or
            ``(2) payment to or acceptance in good faith by any 
        employee benefit plan sponsor, or person acting on the 
        sponsor's behalf, of any thing of value relating to the 
        sponsor's decision or action to establish, terminate, or modify 
        the governing instruments of an employee benefit plan in a 
        manner that does not violate title I of the Employee Retirement 
        Income Security Act of 1974, or any regulation or order 
        promulgated thereunder, or any other provision of law governing 
        the plan.''.

                 PART 2--PREVENTING TELEMARKETING FRAUD

SEC. 3321. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF TELEMARKETING FRAUD.

    (a) Centralized Service.--
            (1) Requirement.--The Federal Trade Commission shall, after 
        consultation with the Attorney General, establish procedures 
        to--
                    (A) log and acknowledge the receipt of complaints 
                by individuals who certify that they have a reasonable 
                belief that they have been the victim of fraud in 
                connection with the conduct of telemarketing (as that 
                term is defined in section 2325 of title 18, United 
                States Code, as amended by section 3322(a) of this 
                Act);
                    (B) provide to individuals described in 
                subparagraph (A), and to any other persons, information 
                on telemarketing fraud, including--
                            (i) general information on telemarketing 
                        fraud, including descriptions of the most 
                        common telemarketing fraud schemes;
                            (ii) information on means of referring 
                        complaints on telemarketing fraud to 
                        appropriate law enforcement agencies, including 
                        the Director of the Federal Bureau of 
                        Investigation, the attorneys general of the 
                        States, and the national toll-free telephone 
                        number on telemarketing fraud established by 
                       
2000
 the Attorney General; and
                            (iii) information, if available, on the 
                        number of complaints of telemarketing fraud 
                        against particular companies and any record of 
                        convictions for telemarketing fraud by 
                        particular companies for which a specific 
                        request has been made; and
                    (C) refer complaints described in subparagraph (A) 
                to appropriate entities, including State consumer 
                protection agencies or entities and appropriate law 
                enforcement agencies, for potential law enforcement 
                action.
            (2) Central location.--The service under the procedures 
        under paragraph (1) shall be provided at and through a single 
        site selected by the Commission for that purpose.
            (3) Commencement.--The Commission shall commence carrying 
        out the service not later than 1 year after the date of 
        enactment of this Act.
    (b) Creation of Fraud Conviction Database.--
            (1) Requirement.--The Attorney General shall establish and 
        maintain a computer database containing information on the 
        corporations and companies convicted of offenses for 
        telemarketing fraud under Federal and State law. The database 
        shall include a description of the type and method of the fraud 
        scheme for which each corporation or company covered by the 
        database was convicted.
            (2) Use of database.--The Attorney General shall make 
        information in the database available to the Federal Trade 
        Commission for purposes of providing information as part of the 
        service under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3322. BLOCKING OF TELEMARKETING SCAMS.

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

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

                  PART 3--PREVENTING HEALTH CARE FRAUD

SEC. 3331. INJUNCTIVE AUTHORITY RELATING TO FALSE CLAIMS AND ILLEGAL 
              KICKBACK SCHEMES INVOLVING FEDERAL HEALTH CARE PROGRAMS.

    (a) In General.--Section 1345(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``, or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by inserting after subparagraph (C) the 
                following:
            ``(D) committing or about to commit an offense under 
        section 1128B of the Social Security Act (42 U.S.C. 1320a-
        7b);''; and
            (2) in paragraph (2), by inserting ``a violation of 
        paragraph (1)(D) or'' before ``a banking''.
    (b) Civil Actions.--
            (1) In general.--Section 1128B of the Social Security Act 
        (42 U.S.C. 1320a-7b) is amended by adding at the end the 
        following:
    ``(g) Civil Actions.--
            ``(1) In general.--The Attorney General may bring an action 
        in the appropriate district court of the United States to 
        impose upon any person who carries out any activity in 
        violation of this section with respect to a Federal health care 
        program a civil penalty of not more than $50,000 for each such 
        violation, or damages of 3 times the total remuneration 
        off
2000
ered, paid, solicited, or received, whichever is greater.
            ``(2) Existence of violation.--A violation exists under 
        paragraph (1) if 1 or more purposes of the remuneration is 
        unlawful, and the damages shall be the full amount of such 
        remuneration.
            ``(3) Procedures.--An action under paragraph (1) shall be 
        governed by--
                    ``(A) the procedures with regard to subpoenas, 
                statutes of limitations, standards of proof, and 
                collateral estoppel set forth in section 3731 of title 
                31, United States Code; and
                    ``(B) the Federal Rules of Civil Procedure.
            ``(4) No effect on other remedies.--Nothing in this section 
        may be construed to affect the availability of any other 
        criminal or civil remedy.
    ``(h) Injunctive Relief.--The Attorney General may commence a civil 
action in an appropriate district court of the United States to enjoin 
a violation of this section, as provided in section 1345 of title 18, 
United States Code.''.
            (2) Conforming amendment.--The heading of section 1128B of 
        the Social Security Act (42 U.S.C. 1320a-7b) is amended by 
        inserting ``AND CIVIL'' after ``CRIMINAL''.

SEC. 3332. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.

    Section 3486 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or any allegation 
        of fraud or false claims (whether criminal or civil) in 
        connection with a Federal health care program (as defined in 
        section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-
        7b(f))),'' after ``Federal health care offense,''; and
            (2) by adding at the end the following:
    ``(f) Privacy Protection.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        record (including any book, paper, document, electronic medium, 
        or other object or tangible thing) produced pursuant to a 
        subpoena issued under this section that contains personally 
        identifiable health information may not be disclosed to any 
        person, except pursuant to a court order under subsection 
        (e)(1).
            ``(2) Exceptions.--A record described in paragraph (1) may 
        be disclosed--
                    ``(A) to an attorney for the government for use in 
                the performance of the official duty of the attorney 
                (including presentation to a Federal grand jury);
                    ``(B) to such government personnel (including 
                personnel of a State or subdivision of a State) as are 
                determined to be necessary by an attorney for the 
                government to assist an attorney for the government in 
                the performance of the official duty of that attorney 
                to enforce Federal criminal law;
                    ``(C) as directed by a court preliminarily to or in 
                connection with a judicial proceeding; and
                    ``(D) as permitted by a court--
                            ``(i) at the request of a defendant in an 
                        administrative, civil, or criminal action 
                        brought by the United States, upon a showing 
                        that grounds may exist for a motion to exclude 
                        evidence obtained under this section; or
                    ``(E) at the request of an attorney for the 
                government, upon a showing that such matters may 
                disclose a violation of State criminal law, to an 
                appropriate official of a State or subdivision of a 
                State for the purpose of enforcing such law.
            ``(3) Manner of court ordered disclosures.--If a court 
        orders the disclosure of any record described in paragraph (1), 
        the disclosure shall be made in such manner, at such time, and 
        under such conditions as the court may direct and shall be 
        undertaken in a manner that preserves the confidentiality and 
        privacy of individuals who are the subject of the record, 
        unless disclosure is required by the nature of the proceedings, 
        in which event the attorney for the government shall request 
        that the presiding judicial or administrative officer enter an 
        order limiting the disclosure of the record to the maximum 
        extent practicable, including redacting the personally 
        identifiable health information from publicly disclosed or 
        filed pleadings or records.
            ``(4) Destruction of records.--Any record described in 
        paragraph (1), and all copies of that record, in whatever form 
        (including electronic) shall be destroyed not later than 90 
        days after the date on which the record is produced, unless 
        otherwise ordered by a court of competent jurisdiction, upon a 
        showing of good cause.
            ``(5) Effect of violation.--Any person who knowingly fails 
        to comply with this subsection may be punished as in contempt 
        of court.
    ``(g) Personally Identifiable Health Information Defined.--In this 
section, the term `personally identifiable health information' means 
any information, including genetic information, demographic 
information, and tissue samples collected from an individual, whether 
oral or recorded in any form or medium, that--
            ``(1) relates to the past, present, or future physical or 
        mental health or condition of an individual, the provision of 
        health care to an individual, or the past, present, or future 
        payment for the provision of health care to an individual; and
            ``(2) either--
                    ``(A) identifies an individual; or
                    ``(B) with respect to which there is a reasonable 
                basis to believe that the information can be used to 
                identify an individual.''.

SEC. 3333. EXTENDING ANTIFRAUD SAFEGUARDS TO THE FEDERAL EMPLOYEE 
              HEALTH BENEFITS PROGRAM.

    Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-
7b(f)(1)) is amended by striking ``(other than the health insurance 
program under chapter 89 of title 5, United States Code)''.

SEC. 3334. GRAND JURY DISCLOSURE.

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

SEC. 3335. INCREASING THE EFFECTIVENESS OF CIVIL INVESTIGATIVE DEMANDS 
              IN FALSE CLAIMS INVESTIGATIONS.

    Section 3733 of title 31, United States Code, is amended--
            (1) in subsection (a)(1), in the second sentence, by 
        inserting ``, except to the Deputy Attorney General or to an 
        Assistant Attorney General'' before the period at the end; and
            (2) in subsection (i)(2)(C), by adding at the end the 
        following: ``Disclosure of information to a person who brings a 
        civil action under section 3730, or such person's counsel, 
        shall be allowed only upon application to a United States 
        district court showing that such disclosure would assist the 
        Department of Justice in carrying out its statutory 
        responsibilities.''.

         PART 4--PR
2000
OTECTING THE RIGHTS OF ELDERLY CRIME VICTIMS

SEC. 3341. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS 
              AND REGULATORY AGENCIES.

    Section 981(e) of title 18, United States Code, is amended--
            (1) in each of paragraphs (3), (4), and (5), by striking 
        ``in the case of property referred to in subsection (a)(1)(C)'' 
        and inserting ``in the case of property forfeited in connection 
        with an offense resulting in a pecuniary loss to a financial 
        institution or regulatory agency'';
            (2) by striking paragraph (6) and inserting the following:
            ``(6) as restoration to any victim of the offense giving 
        rise to the forfeiture, including, in the case of a money 
        laundering offense, any offense constituting the underlying 
        specified unlawful activity; or''; and
            (3) in paragraph (7), by striking ``in the case of property 
        referred to in subsection (a)(1)(D)'' and inserting ``in the 
        case of property forfeited in connection with an offense 
        relating to the sale of assets acquired or held by any Federal 
        financial institution or regulatory agency, or person appointed 
        by such agency, as receiver, conservator, or liquidating agent 
        for an financial institution''.

SEC. 3342. VICTIM RESTITUTION.

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

SEC. 3343. BANKRUPTCY PROCEEDINGS NOT USED TO SHIELD ILLEGAL GAINS FROM 
              FALSE CLAIMS.

    (a) Certain Actions Not Stayed by Bankruptcy Proceedings.--
            (1) In general.--Notwithstanding any other provision of 
        law, the commencement or continuation of an action under 
        section 3729 of title 31, United States Code, does not operate 
        as a stay under section 105(a) or 362(a)(1) of title 11, United 
        States Code.
            (2) Conforming amendment.--Section 362(b) of title 11, 
        United States Code, is amended--
                    (A) in paragraph (17), by striking ``or'' at the 
                end;
                    (B) in paragraph (18), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(19) the commencement or continuation of an action under 
        section 3729 of title 31.''.
    (b) Certain Debts Not Dischargeable in Bankruptcy.--Section 523 of 
title 11, United States Code, is amended by adding at the end the 
following:
    ``(f) A discharge under section 727, 1141, 1228(a), 1228(b), or 
1328(b) does not discharge a debtor from a debt owed for violating 
section 3729 of title 31.''.
    (c) Repayment of Certain Debts Considered Final.--
            (1) In general.--Chapter 1 of title 11, United States Code, 
        is amended by adding at the end the following:
``Sec. 111. False claims
    ``No transfer on account of a debt owed to the United States for 
violating 3729 of title 31, or under a compromise order or other 
agreement resolving such a debt may be avoided under section 544, 545, 
547, 548, 549, 553(b), or 742(a).''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 11, United States Code, is amended by adding at the end 
        the following:

``111. False claims.''.

SEC. 3344. FORFEITURE FOR RETIREMENT OFFENSES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(9) Criminal Forfeiture.--
            ``(A) In general.--The court, in imposing sentence on a 
        person convicted of a retirement offense, shall order the 
        person to forfeit property, real or personal, that constitutes 
        or that is derived, directly or indirectly, from proceeds 
        traceable to the commission of the offense.
            ``(B) Retirement offense defined.--In this paragraph, the 
        term `retirement offense' means a violation of any of the 
        following provisions of law, if the violation, conspiracy, or 
        solicitation relates to a retirement arrangement (as defined in 
        section 1348 of title 18, United States Code):
                    ``(i) Section 664, 1001, 1027, 1341, 1343, 1348, 
                1951, 1952, or 1954 of title 18, United States Code.
                    ``(ii) Sections 411, 501, or 511 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 1111, 
                1131, 1141).''.
    (b) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(G) Any property, real or personal, that constitutes or 
        is derived, directly or indirectly, from proceeds traceable to 
        the commission of a violation of, a criminal cons
2000
piracy to 
        violated or solicitation to commit a crime of violence 
        involving a retirement offense (as defined in section 
        982(a)(9)(B)).''.

             Subtitle D--Violent Crime Reduction Trust Fund

SEC. 3401. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

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

``SEC. 310002. DISCRETIONARY LIMITS.

    ``For the purposes of allocations made for the discretionary 
category under section 302(a) of the Congressional Budget Act of 1974 
(2 U.S.C. 633(a)), the term `discretionary spending limit' means--
            ``(1) with respect to fiscal year 2002--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,169,000,000 in new budget authority and 
                $6,020,000,000 in outlays;
            ``(2) with respect to fiscal year 2003--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,316,000,000 in new budget authority and 
                $6,161,000,000 in outlays;
            ``(3) with respect to fiscal year 2004--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,459,000,000 in new budget authority and 
                $6,303,000,000 in outlays; and
            ``(4) with respect to fiscal year 2005--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Committee on the Budget of the House of Representatives 
                and the Chairman of the Committee on the Budget of the 
                Senate; and
                    ``(B) for the violent crime reduction category, 
                $6,616,000 in new budget authority and $6,452,000,000 
                in outlays;
        as adjusted in accordance with section 251(b) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        901(b)) and section 314 of the Congressional Budget Act of 
        1974.''.

           TITLE IV--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

  Subtitle A--Drug Courts, Drug Treatment, and Alternative Sentencing

                    PART 1--EXPANSION OF DRUG COURTS

SEC. 4111. REAUTHORIZATION OF DRUG COURTS PROGRAM.

    (a) Repeal.--Section 114(b)(1)(A) of title I of Public Law 104-134 
is repealed.
    (b) Reauthorization.--Section 1001(a)(20) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(G) $400,000,000 for fiscal year 2002; and
            ``(H) $400,000,000 for fiscal year 2003.''.

SEC. 4112. JUVENILE 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 BB the 
following:

                     ``PART Z--JUVENILE DRUG COURTS

``SEC. 2976. GRANT AUTHORITY.

    ``(a) Appropriate Drug Court Programs.--The Attorney General may 
make grants to States, State courts, local courts, units of local 
government, and Indian tribes to establish programs that--
            ``(1) involve continuous early judicial supervision over 
        juvenile offenders, other than violent juvenile offenders with 
        substance abuse, or substance abuse-related problems; and
            ``(2) integrate administration of other sanctions and 
        services, including--
                    ``(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) programmatic, offender management, and 
                aftercare services such as relapse prevention, health 
                care, education, vocational training, job placement, 
                housing placement, and child care or other family 
                support service for each participant who requires such 
                services;
                    ``(E) payment by the offender of treatment costs, 
                to the extent practicable, such as costs for urinalysis 
                or counseling; or
                    ``(F) payment by the offender of restitution, to 
                the extent practicable, to either a victim of the 
                offense at issue or to a restitution or similar victim 
                support fund.
    ``(b) Continued Availability of Grant Funds.--Amounts made 
available under this part shall remain available until expended.

``SEC. 2977. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    ``The Attorney General shall issue regulations and guidelines to 
ensure that the programs authorized in this part do not permit 
participation by violent offenders.

``SEC. 2978. DEFINITION.

    ``In this part, the term `violent offender' means an individual 
charged with an offense during the course of which--
            ``(1) the individual carried, possessed, or used a firearm 
        or dangerous weapon;
            ``(2) the death of or serious bodily injury of another 
        person occurred as a direct result of the commission of such 
        offense; or
            ``(3) the individual used force against the person of 
        another.

``SEC. 2979. ADMINISTRATION.

    ``(a) Regulatory Authority.--The Attorney General shall issue any 
regulations and guidelines necessary to carry out this part.
    ``(b) Applications.--In addition to 
2000
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 inability of the applicant to fund the 
        program adequately without Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, tribal, or 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 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. 2980. APPLICATIONS.

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

``SEC. 2981. 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 2605 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. 2982. 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 subtitle for grants to 
Indian tribes.

``SEC. 2983. REPORT.

    ``A State, Indian tribe, or unit of local government that receives 
funds under this part during a fiscal year shall submit to the Attorney 
General, in March of the year following receipt of a grant under this 
part, a report regarding the effectiveness of programs established 
pursuant to this part.

``SEC. 2984. 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.

``SEC. 2985. UNAWARDED FUNDS.

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

``SEC. 2986. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
from the Violent Crime Reduction Trust Fund--
            ``(1) such sums as may be necessary for each of fiscal 
        years 2002 and 2003;
            ``(2) $50,000,000 for fiscal year 2004; and
            ``(3) $50,000,000 for fiscal year 2005.''.

                  PART 2--ZERO TOLERANCE DRUG TESTING

SEC. 4121. GRANT AUTHORITY.

    The Attorney General may make grants to States and units of local 
government, State courts, local courts, and Indian tribal governments, 
acting directly or through agreements with other public or private 
entities, for programs that support--
            (1) developing and/or implementing comprehensive drug 
        testing policies and practices with regard to criminal justice 
        populations; and
            (2) establishing appropriate interventions to illegal drug 
        use for offender populations. Applicants may choose to submit 
        joint proposals with other eligible criminal justice/court 
        agencies for systemic drug testing and intervention programs; 
        in this case, one organization must be designated as the 
        primary applicant.

SEC. 4122. ADMINISTRATION.

    (a) Consultation/Coordination.--In carrying out section 4121, the 
Attorney General shall coordinate with the other Justice Department 
initiatives that address drug testing and interventions in the criminal 
justice system.
    (b) Guidelines.--The Attorney General may issue guidelines 
necessary to carry out section 4121.
    (c) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
section 4121 shall--
            (1) reflect a comprehensive approach that recognizes the 
        importance of collaboration and a continuum of testing, 
        treatment, and other interventions;
            (2) include a long-term strategy and detailed 
        implementation plan;
            (3) address the applicant's capability to continue the 
        proposed program following the conclusion of Federal support;
            (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 affected agencies and key stakeholders throughout the 
        criminal justice system and that there will be continued 
        coordination throughout the implementation of the program; and
            (6) describe the methodology that will be used in 
        evaluating the program.

SEC. 4123. APPLICATIONS.

    To request funds under section 4121, interested applicants shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require. Federal funding shall be awarded on a competitive basis based 
on criteria established by the Attorney General and specified in 
program guidelines.

SEC. 4124. FEDERAL SHARE.

    The Federal share of a grant made under section 4121 may not exceed 
75 percent of the total cost of the program described in the 
application submitted for the fiscal year for which the program 
receives assistance under section 4121, unless the Attorney General 
waives, wholly or in part, the requirement of a matching contribution 
under this section. In-kind contributions may constitute a portion of 
the non-federal share of a grant.

SEC. 4125. GEOGRAPHIC DISTRIBUTION.

    The Attorney General shall ensure that, to the extent practicable, 
an equitable geographic distribution of grant awards under section 4121 
is made, with rural and tribal jurisdiction representation.

SEC. 4126. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Attorney General shall 
provide technical assistance and training in furtherance of the 
purposes of section 4121.
    (b) Evaluation.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for a rigorous evaluation of the programs that 
2000

receive support under section 4121.
    (c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General or through grants, contracts, or cooperative 
agreements with other entities.

SEC. 4127. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out sections 4122 
through 4126 $75,000,000 for fiscal year 2002 and such sums as may be 
necessary for fiscal years 2003 through 2006.

SEC. 4128. PERMANENT SET-ASIDE FOR RESEARCH AND EVALUATION.

    The Attorney General shall reserve not less than 1 percent and no 
more than 3 percent of the sums appropriated under section 4127 in each 
fiscal year for research and evaluation of this program.

SEC. 4129. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE 
              VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING 
              GRANT PROGRAMS.

    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) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or section 20104, a State shall--
                    ``(A) provide assurances to the Attorney General 
                that the State has implemented or will implement not 
                later than 18 months after the date of the enactment of 
                this subtitle, policies that provide for the 
                recognition of the rights of crime victims; and
                    ``(B) no later than September 1, 2002, have a 
                program of drug testing and intervention for 
                appropriate categories of convicted offenders during 
                periods of incarceration and criminal justice 
                supervision, with sanctions including denial or 
                revocation of release for positive drug tests, 
                consistent with guidelines issued by the Attorney 
                General.
            ``(2) Use of funds.--Funds provided under section 20103 or 
        section 20104 of this subtitle may be applied to the cost of 
        offender drug testing and appropriate intervention programs 
        during periods of incarceration and criminal justice 
        supervision, consistent with guidelines issued by the Attorney 
        General. Further, such funds may be used by the States to pay 
the costs of providing to the Attorney General a baseline study on 
their prison drug abuse problem. Such studies shall be consistent with 
guidelines issued by the Attorney General.
            ``(3) System of sanctions and penalties.--Beginning in 
        fiscal year 2002, and thereafter, States receiving funds 
        pursuant to section 20103 or section 20104 of this subtitle 
        shall have a system of sanctions and penalties that address 
        drug trafficking within and into correctional facilities under 
        their jurisdiction. Such systems shall be in accordance with 
        guidelines issued by the Attorney General. Beginning in fiscal 
        year 2002, and each year thereafter, any State that the 
        Attorney General determines not to be in compliance with the 
        provisions of this paragraph shall have the funds it would have 
        otherwise been eligible to receive under section 20103 or 
        section 20104 reduced by 10 percent for each fiscal year for 
        which the Attorney General determines it does not comply. Any 
        funds that are not allocated for failure to comply with this 
        section shall be reallocated to States that comply with this 
        section.''.

                         PART 3--DRUG TREATMENT

SEC. 4131. 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. 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, drug free residential substance 
        abuse treatment provider that is licensed 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 residential 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 
        residential 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 t
2000
he 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 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) Eligible offender.--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 or a 
                major drug offense 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.
            ``(2) Felony crime of violence.--The term `felony crime of 
        violence' has the meaning given such term in section 924(c)(3) 
        of title 18, United States Code.
            ``(3) Major drug offense.--The term `major drug offense' 
        has the meaning given such term in section 36(a) of title 18, 
        United States Code.
            ``(4) State or local prosecutor.--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.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Street 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--
                    ``(A) $75,000,000 for fiscal year 2002;
                    ``(B) $85,000,000 for fiscal year 2003;
                    ``(C) $95,000,000 for fiscal year 2004;
                    ``(D) $105,000,000 for fiscal year 2005; and
                    ``(E) $125,000,000 for fiscal year 2006.''.

SEC. 4132. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS 
              REAUTHORIZATION.

    Section 3621(e)(4) of title 18, United States Code, is amended by 
striking subparagraph (E) and inserting the following:
                    ``(E) $31,000,000 for fiscal year 2002; and
                    ``(F) $38,000,000 for fiscal year 2003.''.

SEC. 4133. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 
              REAUTHORIZATION

    (a) 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 $100,000,000 for fiscal year 2002 and such sums as may 
        be necessary for fiscal years 2003 through 2007.''.
    (b) 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. 4134. 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 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.--
            ``(1) Certification by relevant state agency.--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--
                    ``(A) the applicant has the capacity to carry 
2000
out a 
                program described in subsection (a);
                    ``(B) the plans of the applicant for such a program 
                are consistent with the policies of such agency 
                regarding the treatment of substance abuse; and
                    ``(C) 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.
            ``(2) Status as medicaid provider.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Director may make a grant, or enter into a 
                cooperative agreement or contract, under subsection (a) 
                only if, in the case of any authorized service that is 
                available pursuant to the State plan approved under 
                title XIX of the Social Security Act (42 U.S.C. 1396 et 
                seq.) for the State involved--
                            ``(i) the applicant for the grant, 
                        cooperative agreement, or contract will provide 
                        the service directly, and the applicant has 
                        entered into a participation agreement under 
                        the State plan and is qualified to receive 
                        payments under such plan; or
                            ``(ii) the applicant will enter into an 
                        agreement with a public or nonprofit private 
                        entity under which the entity will provide the 
                        service, and the entity has entered into such a 
                        participation agreement plan and is qualified 
                        to receive such payments.
                    ``(B) Services.--
                            ``(i) In general.--In the case of an entity 
                        making an agreement pursuant to subparagraph 
                        (A)(ii) regarding the provision of services, 
                        the requirement established in such 
                        subparagraph regarding a participation 
                        agreement shall be waived by the Director if 
                        the entity does not, in providing health care 
                        services, impose a charge or accept 
                        reimbursement available from any third party 
                        payor, including reimbursement under any 
                        insurance policy or under any Federal or State 
                        health benefits plan.
                            ``(ii) Voluntary donations.--A 
                        determination by the Director of whether an 
                        entity referred to in clause (i) meets the 
                        criteria for a waiver under such clause shall 
                        be made without regard to whether the entity 
                        accepts voluntary donations regarding the 
                        provision of services to the public.
                    ``(C) Mental diseases.--
                            ``(i) In general.--With respect to any 
                        authorized service that is available pursuant 
                        to the State plan described in subparagraph 
                        (A), the requirements established in such 
                        subparagraph shall not apply to the provision 
                        of any such service by an institution for 
                        mental diseases to an individual who has 
                        attained 21 years of age and who has not 
                        attained 65 years of age.
                            ``(ii) Definition of institution for mental 
                        diseases.--In this subparagraph, the term 
                        `institution for mental diseases' has the same 
meaning as in section 1905(i) of the Social Security Act (42 U.S.C. 
1396d(i)).
    ``(f) Requirements for Matching Funds.--
            ``(1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    ``(A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    ``(B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    ``(C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            ``(2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    ``(g) Outreach.--A funding agreement for an award under subsection 
(a) for an applicant is that the applicant will provide outreach 
services in the community involved to identify juveniles who are 
engaging in substance abuse and to encourage the juveniles to undergo 
treatment for such abuse.
    ``(h) Accessibility of Program.--A funding agreement for an award 
under subsection (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 sect
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ion.
    ``(m) 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.
    ``(n) 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.
    ``(o) 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.
    ``(p) Reports to Congress.--
            ``(1) Initial report.--Not later than October 1, 2002, 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.
    ``(q) 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).
    ``(r) 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 and 2003. 
        There is authorized to be appropriated from the Violent Crime 
        Reduction Trust Fund $300,000,000 in each of fiscal years 2004 
        and 2005.
            ``(2) 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.
            ``(3) 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.''.

            PART 4--FUNDING FOR DRUG-FREE COMMUNITY PROGRAMS

SEC. 4141. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
              PROGRAM.

    Title IV of the Elementary and Secondary Education Act (20 U.S.C. 
7104) is amended to read as follows:

                       ``TITLE IV--AUTHORIZATIONS

``SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for State grants under 
subpart 1 and national programs under subpart 2, $655,000,000 for 
fiscal years 2002 and 2003, and $955,000,000 for fiscal years 2004 
through 2005, of which the following amounts may be appropriated from 
the Violent Crime Reduction Trust Fund:
            ``(1) $300,000,000 for fiscal year 2004; and
            ``(2) $300,000,000 for fiscal year 2005.''.

SEC. 4142. SAY NO TO DRUGS COMMUNITY CENTERS.

    (a) Short Title.--This section may be cited as the ``Say No to 
Drugs Community Centers Act of 2001''.
    (b) Definitions.--In this section--
            (1) Community-based organization.--The term ``community-
        based organization'' means a private, locally initiated 
        organization that--
                    (A) is a nonprofit organization, as that term is 
                defined in section 103(23) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5603(23)); and
                    (B) involves the participation, as appropriate, of 
                members of the community and community institutions, 
                including--
                            (i) business and civic leaders actively 
                        involved in providing employment and business 
                        development opportunities in the community;
                            (ii) educators;
                            (iii) religious organizations (which shall 
                        not provide any sectarian instruction or 
                        sectarian worship in connection with program 
                        activities funded under this subtitle);
                            (iv) law enforcement agencies; and
                            (v) other interested parties.
            (2) Eligible community.--The term ``eligible community'' 
        means a community--
                    (A) identified by an eligible recipient for 
                assistance under this subtitle; and
                    (B) an area that meets such criteria as the 
                Attorney General may, by regulation, establish, 
                including criteria relating to poverty, juvenile 
                delinquency, and crime.
            (3) Eligible recipient.--The term ``eligible recipient'' 
        means a community-based organization or public school that 
        has--
                    (A) been approved for eligibility by the Attor
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ney 
                General, upon application submitted to the Attorney 
                General in accordance with subsection (e); and
                    (B) demonstrated that the projects and activities 
                it seeks to support in an eligible community involve 
                the participation, when feasible and appropriate, of--
                            (i) parents, family members, and other 
                        members of the eligible community;
                            (ii) civic and religious organizations 
                        serving the eligible community;
                            (iii) school officials and teachers 
                        employed at schools located in the eligible 
                        community;
                            (iv) public housing resident organizations 
                        in the eligible community; and
                            (v) public and private nonprofit 
                        organizations and organizations serving youth 
                        that provide education, child protective 
                        services, or other human services to low 
                        income, at-risk youth and their families.
            (4) Poverty line.--The term ``poverty line'' means the 
        income official poverty line (as defined by the Office of 
        Management and Budget, and revised annually in accordance with 
        section 673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)) applicable to a family of the size involved.
            (5) Public school.--The term ``public school'' means a 
        public elementary school, as defined in section 1201(i) of the 
        Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a public 
        secondary school, as defined in section 1201(d) of that Act (42 
        U.S.C. 1141(d)).
    (c) Grant Requirements.--The Attorney General may make grants to 
eligible recipients, which grants may be used to provide to youth 
living in eligible communities during after school hours or summer 
vacations, the following services:
            (1) Rigorous drug prevention education.
            (2) Drug counseling and treatment.
            (3) Academic tutoring and mentoring.
            (4) Activities promoting interaction between youth and law 
        enforcement officials.
            (5) Vaccinations and other basic preventive health care.
            (6) Sexual abstinence education.
            (7) Other activities and instruction to reduce youth 
        violence and substance abuse.
    (d) Location and Use of Amounts.--An eligible recipient that 
receives a grant under this section--
            (1) shall ensure that the stated program is carried out--
                    (A) when appropriate, in the facilities of a public 
                school during nonschool hours; or
                    (B) in another appropriate local facility that is--
                            (i) in a location easily accessible to 
                        youth in the community; and
                            (ii) in compliance with all applicable 
                        State and local ordinances;
            (2) shall use the grant amounts to provide to youth in the 
        eligible community services and activities that include 
        extracurricular and academic programs that are offered--
                    (A) after school and on weekends and holidays, 
                during the school year; and
                    (B) as daily full day programs (to the extent 
                available resources permit) or as part day programs, 
                during the summer months;
            (3) shall use not more than 5 percent of the amounts to pay 
        for the administrative costs of the program;
            (4) shall not use such amounts to provide sectarian worship 
        or sectarian instruction; and
            (5) may not use the amounts for the general operating costs 
        of public schools.
    (e) Applications.--
            (1) In general.--Each application to become an eligible 
        recipient shall be submitted to the Attorney General at such 
        time, in such manner, and accompanied by such information, as 
        the Attorney General may reasonably require.
            (2) Contents of application.--Each application submitted 
        pursuant to paragraph (1) shall--
                    (A) describe the activities and services to be 
                provided through the program for which the grant is 
                sought;
                    (B) contain a comprehensive plan for the program 
                that is designed to achieve identifiable goals for 
                youth in the eligible community;
                    (C) describe in detail the drug education and drug 
                prevention programs that will be implemented;
                    (D) specify measurable goals and outcomes for the 
                program that will include--
                            (i) reducing the percentage of youth in the 
                        eligible community that enter the juvenile 
                        justice system or become addicted to drugs;
                            (ii) increasing the graduation rates, 
                        school attendance, and academic success of 
                        youth in the eligible community; and
                            (iii) improving the skills of program 
                        participants;
                    (E) contain an assurance that the applicant will 
                use grant amounts received under this subtitle to 
                provide youth in the eligible community with activities 
                and services consistent with subsection (c);
                    (F) demonstrate the manner in which the applicant 
                will make use of the resources, expertise, and 
                commitment of private entities in carrying out the 
                program for which the grant is sought;
                    (G) include an estimate of the number of youth in 
                the eligible community expected to be served under the 
                program;
                    (H) include a description of charitable private 
                resources, and all other resources, that will be made 
                available to achieve the goals of the program;
                    (I) contain an assurance that the applicant will 
                comply with any research effort authorized under 
                Federal law, and any investigation by the Attorney 
                General;
                    (J) contain an assurance that the applicant will 
                prepare and submit to the Attorney General an annual 
                report regarding any program conducted under this 
                subtitle;
                    (K) contain an assurance that the program for which 
                the grant is sought will, to the maximum extent 
                practicable, incorporate services that are provided 
                solely through non-Federal private or nonprofit 
                sources; and
                    (L) contain an assurance that the applicant will 
                maintain separate accounting records for the program 
                for which the grant is sought.
            (3) Priority.--In determining eligibility under this 
        section, the Attorney General shall give priority to applicants 
        that submit applications that demonstrate the greatest local 
        support for the programs they seek to support.
    (f) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Attorney General shall, subject to the 
        availability of appropriations, provide to each eligible 
        recipient the Federal share of the costs of developing and 
        carrying out programs described in this section.
            (2) Federal share.--The Federal share of the cost of a 
        program under this subtitle shall be not more than--
                    (A) 75 percent of the total cost of the program for 
                each of
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 the first 2 years of the duration of a grant;
                    (B) 70 percent of the total cost of the program for 
                the third year of the duration of a grant; and
                    (C) 60 percent of the total cost of the program for 
                each year thereafter.
            (3) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a program under this subtitle may be in cash or in 
                kind, fairly evaluated, including plant, equipment, and 
                services. Federal funds made available for the activity 
                of any agency of an Indian tribal government or the 
                Bureau of Indian Affairs on any Indian lands may be 
                used to provide the non-Federal share of the costs of 
                programs or projects funded under this subtitle.
                    (B) Special rule.--Not less than 15 percent of the 
                non-Federal share of the costs of a program under this 
                subtitle shall be provided from private or nonprofit 
                sources.
    (g) Program Authority.--
            (1) In general.--
                    (A) Allocations for states and indian tribes.--
                            (i) In general.--In any fiscal year in 
                        which the total amount made available to carry 
                        out this subtitle is equal to or greater than 
                        $20,000,000, from the amount made available to 
                        carry out this subtitle, the Attorney General 
                        shall allocate not less than 0.75 percent for 
                        grants under subparagraph (B) to eligible 
                        recipients in each State.
                            (ii) Indian tribes.--The Attorney General 
                        shall allocate 0.75 percent of amounts made 
                        available under this subtitle for grants to 
                        Indian tribes.
                    (B) Grants to community-based organizations and 
                public schools from allocations.--For each fiscal year 
                described in subparagraph (A), the Attorney General may 
                award grants from the appropriate State or Indian tribe 
                allocation determined under subparagraph (A) on a 
                competitive basis to eligible recipients to pay for the 
                Federal share of assisting eligible communities to 
                develop and carry out programs in accordance with this 
                subtitle.
                    (C) Reallocation.--If, at the end of a fiscal year 
                described in subparagraph (A), the Attorney General 
                determines that amounts allocated for a particular 
                State or Indian tribe under subparagraph (B) remain 
                unobligated, the Attorney General shall use such 
                amounts to award grants to eligible recipients in 
                another State or Indian tribe to pay for the Federal 
                share of assisting eligible communities to develop and 
                carry out programs in accordance with this subtitle. In 
                awarding such grants, the Attorney General shall 
                consider the need to maintain geographic diversity 
                among eligible recipients.
                    (D) Availability of amounts.--Amounts made 
                available under this paragraph shall remain available 
                until expended.
            (2) Other fiscal years.--In any fiscal year in which the 
        amount made available to carry out this subtitle is equal to or 
        less than $20,000,000, the Attorney General may award grants on 
        a competitive basis to eligible recipients to pay for the 
        Federal share of assisting eligible communities to develop and 
        carry out programs in accordance with this subtitle.
            (3) Administrative costs.--The Attorney General may use not 
        more than 3 percent of the amounts made available to carry out 
        this subtitle in any fiscal year for administrative costs, 
        including training and technical assistance.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section from the Violent Crime Reduction 
Trust Fund--
            (1) for fiscal year 2002, $125,000,000; and
            (2) for fiscal year 2003, $125,000,000.

SEC. 4143. DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS.

    Section 3505 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11805) 
is amended to read as follows:

``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 2002, 2003, 
2004, 2005, and 2006.''.

SEC. 4144. DRUG EDUCATION AND PREVENTION PROGRAM FOR RUNAWAY AND 
              HOMELESS YOUTH.

    Section 3513 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11823) 
is amended to read as follows:

``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 2002, 2003, 
2004, 2005, and 2006.''.

         Subtitle B--Youth Crime Prevention and Juvenile Courts

                 PART 1--GRANTS TO YOUTH ORGANIZATIONS

SEC. 4211. GRANT PROGRAM.

    The Attorney General may make grants to States, Indian tribes, and 
national or statewide nonprofit organizations in crime prone areas, 
such as Boys and Girls Clubs, Police Athletic Leagues, 4-H Clubs, YMCA 
Big Brothers and Big Sisters, and Kids 'N Kops programs, for the 
purpose of--
            (1) providing constructive activities to youth during after 
        school hours, weekends, and school vacations;
            (2) providing supervised activities in safe environments to 
        youth in crime prone areas;
            (3) providing antidrug education to prevent drug abuse 
        among youth;
            (4) supporting police officer training and salaries and 
        educational materials to expand D.A.R.E. America's middle 
        school campaign; or
            (5) providing constructive activities to youth in a safe 
        environment through parks and other public recreation areas.

SEC. 4212. GRANTS TO NATIONAL ORGANIZATIONS.

    (a) Applications.--
            (1) Eligibility.--In order to be eligible to receive a 
        grant under this section, the chief operating officer of a 
        national or statewide community-based organization shall submit 
        an application to the Attorney General in such form and 
        containing such information as the Attorney General may 
        reasonably require.
            (2) Application requirements.--Each application submitted 
        in accordance with paragraph (1) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this subtitle;
                    (B) a description of the communities to be served 
                by the grant, including the nature of juvenile crime, 
                violence, and drug use in the communities;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement and not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subtitle;
                    (D) written assurances that all activities will be 
                supervised by an appropriate number of responsible 
                adults;
                    (E) a plan for assuring that program activities 
                will take place in a secure environment that is free of 
                crime and drugs; and
                    (F) any additional statistical or financial 
                information that the Attorney General may reasonably 
                require.
    (b) Grant Awards.--In awarding grants under this section, the 
Attorney General shall conside
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r--
            (1) the ability of the applicant to provide the stated 
        services;
            (2) the history and establishment of the applicant in 
        providing youth activities on a national or statewide basis; 
        and
            (3) the extent to which the organizations shall achieve an 
        equitable geographic distribution of the grant awards.

SEC. 4213. GRANTS TO STATES.

    (a) Applications.--
            (1) In general.--The Attorney General may make grants under 
        this section to States for distribution to units of local 
        government and community-based organizations for the purposes 
        set forth in section 4211.
            (2) Grants.--To request a grant under this section, the 
        chief executive of a State shall submit an application to the 
        Attorney General in such form and containing such information 
        as the Attorney General may reasonably require.
            (3) Application requirements.--Each application submitted 
        in accordance with paragraph (2) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this subtitle;
                    (B) a description of the communities to be served 
                by the grant, including the nature of juvenile crime, 
                violence, and drug use in the community;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement and not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subtitle;
                    (D) written assurances that all activities will be 
                supervised by an appropriate number of responsible 
                adults; and
                    (E) a plan for assuring that program activities 
                will take place in a secure environment that is free of 
                crime and drugs.
    (b) Grant Awards.--In awarding grants under this section, the State 
shall consider--
            (1) the ability of the applicant to provide the stated 
        services;
            (2) the history and establishment of the applicant in the 
        community to be served;
            (3) the level of juvenile crime, violence, and drug use in 
        the community;
            (4) the extent to which structured extracurricular 
        activities for youth are otherwise unavailable in the 
        community;
            (5) the need in the community for secure environments for 
        youth to avoid criminal victimization and exposure to crime and 
        illegal drugs;
            (6) to the extent practicable, achievement of an equitable 
        geographic distribution of the grant awards; and
            (7) whether the applicant has an established record of 
        providing extracurricular activities that are generally not 
        otherwise available to youth in the community.
    (c) Allocation.--
            (1) State allocations.--The Attorney General shall allot 
        not less than 0.75 percent of the total amount made available 
        each fiscal year to carry out this section to each State that 
        has applied for a grant under this section.
            (2) Indian tribes.--The Attorney General shall allot not 
        less than 0.75 percent of the total amount made available each 
        fiscal year to carry out this section to Indian tribes, in 
        accordance with the criteria set forth in subsections (a) and 
        (b).
            (3) Remaining amounts.--Of the amount remaining after the 
        allocations under paragraphs (1) and (2), the Attorney General 
        shall allocate to each State an amount that bears the same 
        ratio to the total amount of remaining funds as the population 
        of the State bears to the total population of all States.

SEC. 4214. ALLOCATION; GRANT LIMITATION.

    (a) Allocation.--Of amounts made available to carry out this part--
            (1) 20 percent shall be for grants to national or statewide 
        organizations under section 4212; and
            (2) 80 percent shall be for grants to States under section 
        4213.
    (b) Grant Limitation.--Not more than 3 percent of the funds made 
available to the Attorney General or a grant recipient under this 
subtitle may be used for administrative purposes.

SEC. 4215. REPORT AND EVALUATION.

    (a) Report to the Attorney General.--Not later than October 1, 2002 
and October 1 of each year thereafter, each grant recipient under this 
subtitle shall submit to the Attorney General a report that describes, 
for the year to which the report relates--
            (1) the activities provided;
            (2) the number of youth participating;
            (3) the extent to which the grant enabled the provision of 
        activities to youth that would not otherwise be available; and
            (4) any other information that the Attorney General 
        requires for evaluating the effectiveness of the program.
    (b) Evaluation and Report to Congress.--Not later than March 1, 
2003, and March 1 of each year thereafter, the Attorney General shall 
submit to Congress an evaluation and report that contains a detailed 
statement regarding grant awards, activities of grant recipients, 
a compilation of statistical information submitted by grant recipients 
under this part, and an evaluation of programs established by grant 
recipients under this part.
    (c) Criteria.--In assessing the effectiveness of the programs 
established and operated by grant recipients pursuant to this part, the 
Attorney General shall consider--
            (1) the number of youth served by the grant recipient;
            (2) the percentage of youth participating in the program 
        charged with acts of delinquency or crime compared to youth in 
        the community at large;
            (3) the percentage of youth participating in the program 
        that uses drugs compared to youth in the community at large;
            (4) the percentage of youth participating in the program 
        that are victimized by acts of crime or delinquency compared to 
        youth in the community at large; and
            (5) the truancy rates of youth participating in the program 
        compared to youth in the community at large.
    (d) Documents and Information.--Each grant recipient under this 
part shall provide the Attorney General with all documents and 
information that the Attorney General determines to be necessary to 
conduct an evaluation of the effectiveness of programs funded under 
this part.

SEC. 4216. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this part from the Violent Crime Reduction Trust Fund--
            (1) such sums as may be necessary for each of fiscal years 
        2002 and 2003; and
            (2) $125,000,000 for each of fiscal years 2004 and 2005.
    (b) Continued Availability.--Amounts made available under this part 
shall remain available until expended.

SEC. 4217. GRANTS TO PUBLIC AND PRIVATE AGENCIES.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by striking the first part designated as part I;
            (2) by redesignating the second part designated as part I 
        as part M; and
            (3) by inserting after part H the following:

                ``PART I--AFTER SCHOOL CRIME PREVENTION

``SEC. 291. GRANTS TO PUBLIC AND PRIVATE AGENCIES FOR EFFECTIVE AFTER 
              SCHOOL CRIME PREVENTION PROGRAMS.

    ``(a) In General.--Subject to the availability of appropriations, 
the Administrator shall make grants in accordance with this section to 
public and private agencies to fund effective after school juvenile 
crime prevention programs.
    ``(b) Matching Requirement.--The Administrator may not make a grant 
to a public or private agency under this section unless that agency 
agrees that, with respect to the costs to be incurred by the agency in 
carryi
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ng out the program for which the grant is to be awarded, the 
agency will make available non-Federal contributions in an amount that 
is not less than a specific percentage of Federal funds provided under 
the grant, as determined by the Administrator.
    ``(c) Priority.--In making grants under this section, the 
Administrator shall give priority to funding programs that--
            ``(1) are targeted to high crime neighborhoods or at-risk 
        juveniles;
            ``(2) operate during the period immediately following 
        normal school hours;
            ``(3) provide educational or recreational activities 
        designed to encourage law-abiding conduct, reduce the incidence 
        of criminal activity, and teach juveniles alternatives to 
        crime; and
            ``(4) coordinate with State or local juvenile crime control 
        and juvenile offender accountability programs.
    ``(d) Funding.--There are authorized to be appropriated for grants 
under this section $250,000,000 for each of fiscal years 2002, 2003, 
2004, 2005, and 2006.''.

   PART 2--REAUTHORIZATION OF INCENTIVE GRANTS FOR LOCAL DELINQUENCY 
                          PREVENTION PROGRAMS

SEC. 4221. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.

    Section 506 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5785) is amended to read as follows:

``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
such sums as may be necessary for each of fiscal years 2002, 2003, 
2004, 2005, and 2006.''.

SEC. 4222. RESEARCH, EVALUATION, AND TRAINING.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5781 et seq.) is amended by adding at the end the 
following:

``SEC. 507. RESEARCH, EVALUATION, AND TRAINING.

    ``Of the amounts made available by appropriations pursuant to 
section 506--
            ``(1) 2 percent shall be used by the Administrator for 
        providing training and technical assistance under this title; 
        and
            ``(2) 10 percent shall be used by the Administrator for 
        research, statistics, and evaluation activities carried out in 
        conjunction with the grant programs under this title.''.

                           PART 3--JUMP AHEAD

SEC. 4231. SHORT TITLE.

    This part may be cited as the ``JUMP Ahead Act of 2001''.

SEC. 4232. FINDINGS.

    Congress finds that--
            (1) millions of young people in America live in areas in 
        which drug use and violent and property crimes are pervasive;
            (2) unfortunately, many of these same young people come 
        from single parent homes, or from environments in which there 
        is no responsible, caring adult supervision;
            (3) all children and adolescents need caring adults in 
        their lives, and mentoring is an effective way to fill this 
        special need for at-risk children;
            (4) the special bond of commitment fostered by the mutual 
        respect inherent in effective mentoring can be the tie that 
        binds a young person to a better future;
            (5) through a mentoring relationship, adult volunteers and 
        participating youth make a significant commitment of time and 
        energy to develop relationships devoted to personal, academic, 
        or career development and social, artistic, or athletic growth;
            (6) rigorous independent studies have confirmed that 
        effective mentoring programs can significantly reduce and 
        prevent the use of alcohol and drugs by young people, improve 
        school attendance and performance, improve peer and family and 
        peer relationships, and reduce violent behavior;
            (7) since the inception of the Federal JUMP program, dozens 
        of innovative, effective mentoring programs have received 
        funding grants;
            (8) unfortunately, despite the recent growth in public and 
        private mentoring initiatives, it is reported that between 
        5,000,000 and 15,000,000 additional children in the United 
        States could benefit from being matched with a mentor; and
            (9) although great strides have been made in reaching at-
        risk youth since the inception of the JUMP program, millions of 
        vulnerable American children are not being reached, and without 
        an increased commitment to connect these young people to 
        responsible adult role models, our country risks losing an 
        entire generation to drugs, crime, and unproductive lives.

SEC. 4233. JUVENILE MENTORING GRANTS.

    (a) In General.--Section 288B of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Administrator shall'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) are intended to achieve 1 or more of the following 
        goals:
                    ``(A) Discourage at-risk youth from--
                            ``(i) using illegal drugs and alcohol;
                            ``(ii) engaging in violence;
                            ``(iii) using guns and other dangerous 
                        weapons;
                            ``(iv) engaging in other criminal and 
                        antisocial behavior; and
                            ``(v) becoming involved in gangs.
                    ``(B) Promote personal and social responsibility 
                among at-risk youth.
                    ``(C) Increase at-risk youth's participation in, 
                and enhance the ability of those youth to benefit from, 
                elementary and secondary education.
                    ``(D) Encourage at-risk youth participation in 
                community service and community activities.
                    ``(E) Provide general guidance to at-risk youth.''; 
                and
            (3) by adding at the end the following:
    ``(b) Amount and Duration.--Each grant under this part shall be 
awarded in an amount not to exceed a total of $200,000 over a period of 
not more than 3 years.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of fiscal years 2002, 2003, 2004, and 
2005 to carry out this part.''.

SEC. 4234. IMPLEMENTATION AND EVALUATION GRANTS.

    (a) In General.--The Administrator of the Office of Juvenile 
Justice and Delinquency Prevention of the Department of Justice may 
make grants to national organizations or agencies serving youth, in 
order to enable those organizations or agencies--
            (1) to conduct a multisite demonstration project, involving 
        between 5 and 10 project sites, that--
                    (A) provides an opportunity to compare various 
                mentoring models for the purpose of evaluating the 
                effectiveness and efficiency of those models;
                    (B) allows for innovative programs designed under 
                the oversight of a national organization or agency 
                serving youth, which programs may include--
                            (i) technical assistance;
                            (ii) training; and
                            (iii) research and evaluation; and
                    (C) disseminates the results of such demonstration 
                project to allow for the determination of the best 
                practices for various mentoring programs;
            (2) to develop and evaluate screening standards for 
        mentoring programs; and
            (3) to develop and evaluate volunteer recruitment 
        techniques and activities for mentoring programs.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each of fiscal years 2002, 2003, 2004, and 
2005 to carry out this section.

SEC. 4235. EVALUATIONS; REPORTS.

    (a) Evaluations.--
            (1) In general.--The Attorney General shall enter into a 
        contract with an evalu
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ating organization that has demonstrated 
        experience in conducting evaluations, for the conduct of an 
        ongoing rigorous evaluation of the programs and activities 
        assisted under this Act or under section 228B of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as 
amended by this title).
            (2) Criteria.--The Attorney General shall establish a 
        minimum criteria for evaluating the programs and activities 
        assisted under this Act or under section 228B of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
        5667e-2) (as amended by this title), which shall provide for a 
        description of the implementation of the program or activity, 
        and the effect of the program or activity on participants, 
        schools, communities, and youth served by the program or 
        activity.
            (3) Mentoring program of the year.--The Attorney General 
        shall, on an annual basis, based on the most recent evaluation 
        under this subsection and such other criteria as the Attorney 
        General shall establish by regulation--
                    (A) designate 1 program or activity assisted under 
                this Act as the ``Juvenile Mentoring Program of the 
                Year''; and
                    (B) publish notice of such designation in the 
                Federal Register.
    (b) Reports.--
            (1) Grant recipients.--Each entity receiving a grant under 
        this Act or under section 228B of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as 
        amended by this title) shall submit to the evaluating 
        organization entering into the contract under subsection 
        (a)(1), an annual report regarding any program or activity 
        assisted under this Act or under section 228B of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
        5667e-2) (as amended by this title). Each report under this 
        paragraph shall be submitted at such time, in such a manner, 
        and shall be accompanied by such information, as the evaluating 
        organization may reasonably require.
            (2) Comptroller general.--Not later than 4 years after the 
        date of enactment of this Act, the Attorney General shall 
        submit to Congress a report evaluating the effectiveness of 
        grants awarded under this Act and under section 228B of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5667e-2) (as amended by this title), in--
                    (A) reducing juvenile delinquency and gang 
                participation;
                    (B) reducing the school dropout rate; and
                    (C) improving academic performance of juveniles.

                       PART 4--TRUANCY PREVENTION

SEC. 4241. SHORT TITLE.

    This part may be cited as the ``Truancy Prevention and Juvenile 
Crime Reduction Act of 2001''.

SEC. 4242. FINDINGS.

    Congress makes the following findings:
            (1) Truancy is often the first sign of trouble--the first 
        indicator that a young person is giving up and losing his or 
        her way.
            (2) Many students who become truant eventually drop out of 
        school, and high school drop outs are two and a half times more 
        likely to be on welfare than high school graduates, twice as 
        likely to be unemployed, or if employed, earn lower salaries.
            (3) Truancy is the top-ranking characteristic of 
        criminals--more common than such factors as coming from single-
        parent families and being abused as children.
            (4) High rates of truancy are linked to high daytime 
        burglary rates and high vandalism.
            (5) As much as 44 percent of violent juvenile crime takes 
        place during school hours.
            (6) As many as 75 percent of children ages 13 to 16 who are 
        arrested and prosecuted for crimes are truants.
            (7) Some cities report as many as 70 percent of daily 
        student absences are unexcused, and the total number of 
        absences in a single city can reach 4,000 per day.
            (8) Society pays a significant social and economic cost due 
        to truancy: only 34 percent of inmates have completed high 
        school education; 17 percent of youth under age 18 entering 
        adult prisons have not completed grade school (8th grade or 
        less), 25 percent completed 10th grade, and 2 percent completed 
        high school.
            (9) Truants and later high school drop outs cost the Nation 
        $240,000,000,000 in lost earnings and foregone taxes over their 
        lifetimes, and the cost of crime control is staggering.
            (10) In many instances, parents are unaware a child is 
        truant.
            (11) Effective truancy prevention, early intervention, and 
        accountability programs can improve school attendance and 
        reduce daytime crime rates.
            (12) There is a lack of targeted funding for effective 
        truancy prevention programs in current law.

SEC. 4243. GRANTS.

    (a) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership between 1 or more qualified 
        units of local government and 1 or more local educational 
        agencies.
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (3) Qualified unit of local government.--The term 
        ``qualified unit of local government'' means a unit of local 
        government that has in effect, as of the date on which the 
        eligible partnership submits an application for a grant under 
        this section, a statute or regulation that meets the 
        requirements of section 223(a)(14) of the Juvenile Justice and 
        Delinquency and Prevention Act of 1974 (42 U.S.C. 5633(a)(14)).
            (4) Unit of local government.--The term ``unit of local 
        government'' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State, or any Indian tribe.
    (b) Grant Authority.--The Attorney General, in consultation with 
the Secretary of Education, shall make grants in accordance with this 
section on a competitive basis to eligible partnerships to reduce 
truancy and the incidence of daytime juvenile crime.
    (c) Maximum Amount; Allocation; Renewal.--
            (1) Maximum amount.--The total amount awarded to an 
        eligible partnership under this section in any fiscal year 
        shall not exceed $100,000.
            (2) Allocation.--Not less than 25 percent of each grant 
        awarded to an eligible partnership under this section shall be 
        allocated for use by the local educational agency or agencies 
        participating in the partnership.
            (3) Renewal.--A grant awarded under this section for a 
        fiscal year may be renewed for an additional period of not more 
        than 2 fiscal years.
    (d) Use of Funds.--
            (1) In general.--Grant amounts made available under this 
        section may be used by an eligible partnership to 
        comprehensively address truancy through the use of--
                    (A) parental involvement in prevention activities, 
                including meaningful incentives for parental 
                responsibility;
                    (B) sanctions, including community service, or 
                drivers' license suspension for students who are 
                habitually truant;
                    (C) parental accountability, including fines, 
                teacher-aid duty, or community service;
                    (D) in-school truancy prevention programs, 
                including alternative education and in-
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school 
                suspension;
                    (E) involvement of the local law enforcement, 
                social services, judicial, business, and religious 
                communities, and nonprofit organizations;
                    (F) technology, including automated telephone 
                notice to parents and computerized attendance system; 
                or
                    (G) elimination of 40-day count and other 
                unintended incentives to allow students to be truant 
                after a certain time of school year.
            (2) Model programs.--In carrying out this section, the 
        Attorney General may give priority to funding the following 
        programs and programs that attempt to replicate one or more of 
        the following model programs:
                    (A) The Truancy Intervention Project of the Fulton 
                County, Georgia, Juvenile Court.
                    (B) The TABS (Truancy Abatement and Burglary 
                Suppression) program of Milwaukee, Wisconsin.
                    (C) The Roswell Daytime Curfew Program of Roswell, 
                New Mexico.
                    (D) The Stop, Cite and Return Program of Rohnert 
                Park, California.
                    (E) The Stay in School Program of New Haven, 
                Connecticut.
                    (F) The Atlantic County Project Helping Hand of 
                Atlantic County, New Jersey.
                    (G) The THRIVE (Truancy Habits Reduced Increasing 
                Valuable Education) initiative of Oklahoma City, 
                Oklahoma.
                    (H) The Norfolk, Virginia project using computer 
                software and data collection.
                    (I) The Community Service Early Intervention 
                Program of Marion, Ohio.
                    (J) The Truancy Reduction Program of Bakersfield, 
                California.
                    (K) The Grade Court program of Farmington, New 
                Mexico.
                    (L) Any other model program that the Attorney 
                General determines to be appropriate.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for each of fiscal 
years 2002, 2003, and 2004.

     PART 5--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT

SEC. 4251. SHORT TITLE.

    This part may be cited as the ``Juvenile Crime Control and 
Delinquency Prevention Act of 2001''.

SEC. 4252. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:

``SEC. 101. FINDINGS.

    ``(a) Congress finds that the juvenile crime problem should be 
addressed through a 2-track common sense approach that addresses the 
needs of individual juveniles and society at large by promoting--
            ``(1) quality prevention programs that--
                    ``(A) work with juveniles, their families, local 
                public agencies, and community-based organizations, and 
                take into consideration such factors as whether 
                juveniles have ever been the victims of family violence 
                (including child abuse and neglect); and
                    ``(B) are designed to reduce risks and develop 
                competencies in at-risk juveniles that will prevent, 
                and reduce the rate of, violent delinquent behavior; 
                and
            ``(2) programs that assist in holding juveniles accountable 
        for their actions, including a system of graduated sanctions to 
        respond to each delinquent act, requiring juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts, and methods for increasing 
        victim satisfaction with respect to the penalties imposed on 
        juveniles for their acts.
    ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts.''.

SEC. 4253. PURPOSE.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5602) is amended to read as follows:

``SEC. 102. PURPOSES.

    ``The purposes of this title are--
            ``(1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
            ``(2) to assist State and local governments in promoting 
        public safety by encouraging accountability for acts of 
        juvenile delinquency; and
            ``(3) to assist State and local governments in addressing 
        juvenile crime through the provision of technical assistance, 
        research, training, evaluation, and the dissemination of 
        information on effective programs for combating juvenile 
        delinquency.''.

SEC. 4254. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3), by striking ``to help prevent 
        juvenile delinquency'' and inserting ``designed to reduce known 
        risk factors for juvenile delinquent behavior, provide 
        activities that build on protective factors for, and develop 
        competencies in, juveniles to prevent, and reduce the rate of, 
        delinquent juvenile behavior'',
            (2) in paragraph (4), by inserting ``title I of'' before 
        ``the Omnibus'' each place it appears,
            (3) in paragraph (7), by striking ``the Trust Territory of 
        the Pacific Islands,'',
            (4) in paragraph (9), by striking ``justice'' and inserting 
        ``crime control'',
            (5) in paragraph (12)(B), by striking ``, of any 
        nonoffender,'',
            (6) in paragraph (13)(B), by striking ``, any 
        nonoffender,'',
            (7) in paragraph (14), by inserting ``drug trafficking,'' 
        after ``assault,'',
            (8) in paragraph (16)--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end, and
                    (B) by striking subparagraph (C),
            (9) by striking paragraph (17),
            (10) in paragraph (22)--
                    (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively, 
                and
                    (B) by striking ``and'' at the end,
            (11) in paragraph (23), by striking the period at the end 
        and inserting a semicolon,
            (12) by redesignating paragraphs (18), (19), (20), (21), 
        (22), and (23) as paragraphs (17) through (22), respectively, 
        and
            (13) by adding at the end the following:
            ``(23) the term `boot camp' means a residential facility 
        (excluding a private residence) at which there are provided--
                    ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training.
                    ``(B) regular, remedial, special, and vocational 
                education; and
                    ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems;
            ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives and services) applicable to juveniles within the 
        juvenile justice system to hold such juveniles accountable for 
        their actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions for 
        every act for which a juvenile is adjudicated delinquent, by 
        inducing their law-abiding behavior, and by preventing their 
        subsequent involvement with the juvenile justice system;
            ``(25) the term `violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, for
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cible 
                rape, or robbery, or
                    ``(B) aggravated assault committed with the use of 
                a firearm;
            ``(26) the term `co-located facilities' means facilities 
        that are located in the same building, or are part of a related 
        complex of buildings located on the same grounds; and
            ``(27) the term `related complex of buildings' means 2 or 
        more buildings that share--
                    ``(A) physical features, such as walls and fences, 
                or services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                    ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28 of the 
                Code of Federal Regulations, as in effect on December 
                10, 1996.''.

SEC. 4255. NAME OF OFFICE.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) in part A, by striking the part heading and inserting 
        the following:

      ``Part A--Office of Juvenile Crime Control and Delinquency 
                             Prevention'';

            (2) in section 201(a), by striking ``Justice and 
        Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention''; and
            (3) in section 299A(c)(2) by striking ``Justice and 
        Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention''.

SEC. 4256. CONCENTRATION OF FEDERAL EFFORT.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (a)(1), by striking the last sentence;
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively;
            (3) in subsection (c), by striking ``and reports'' and all 
        that follows through ``this part'', and inserting ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'';
            (4) by striking subsection (i); and
            (5) by redesignating subsection (h) as subsection (f).

SEC. 4257. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'';
                                    (II) by inserting a comma after 
                                ``1992'' the first place it appears;
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,''; 
                                and
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(other than part 
                                D)'';
                                    (II) by striking ``or such greater 
                                amount, up to $600,000'' and all that 
                                follows through ``section 299(a) (1) 
                                and (3)'';
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'';
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000''; and
                                    (V) by inserting a comma after 
                                ``1992'';
                    (B) in paragraph (3) by striking ``allot'' and 
                inserting ``allocate''; and
            (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 4258. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence, by striking 
                ``challenge'' and all that follows through ``part E'', 
                and inserting ``, projects, and activities'';
                    (B) in paragraph (3)--
                            (i) by striking ``, which--'' and inserting 
                        ``that--'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``not less'' and 
                                all that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'';
                                    (II) by inserting ``, in 
                                consultation with the attorney general 
                                of the State or such other State 
                                official who has primary responsibility 
                                for overseeing the enforcement of State 
                                criminal laws'' after ``State'';
                                    (III) in clause (i), by striking 
                                ``or the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile 
                                delinquency'';
                                    (IV) in clause (ii), by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile delinquency and may 
                        include--
                                    ``(I) individuals who represent 
                                units of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, 
                                representatives of juveniles, or 
                                nonprofit private organizations, 
                                particularly such organizations that 
                                serve juveniles; and
                                    ``(II) such other individuals as 
                                the chief executive officer considers 
                                to be appropriate; and''; and
                                    (V) by striking clauses (iv) and 
                                (v);
                            (iii) in subparagraph (C), by striking 
                        ``justice'' and inserting ``crime control'';
                            (iv) in subparagraph (D)--
              
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                      (I) in clause (i), by inserting 
                                ``and'' at the end; and
                                    (II) in clause (ii), by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)''; 
                                and
                            (v) in subparagraph (E), by striking 
                        ``title--'' and all that follows through 
                        ``(ii)'' and inserting ``title,'';
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``, other than'' and inserting 
                        ``reduced by the percentage (if any) specified 
                        by the State under the authority of paragraph 
                        (25) and excluding'' after ``section 222''; and
                            (ii) in subparagraph (C), by striking 
                        ``paragraphs (12)(A), (13), and (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'';
                    (D) by striking paragraph (6);
                    (E) in paragraph (7), by inserting ``, including in 
                rural areas'' before the semicolon at the end;
                    (F) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile delinquency 
                                problems in, and the juvenile 
                                delinquency control and delinquency 
                                prevention needs (including educational 
                                needs) of, the State'';
                                    (II) by striking ``justice'' the 
                                second place it appears and inserting 
                                ``crime control''; and
                                    (III) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) contain--
                            ``(i) a plan for providing needed gender-
                        specific services for the prevention and 
                        treatment of juvenile delinquency;
                            ``(ii) a plan for providing needed services 
                        for the prevention and treatment of juvenile 
                        delinquency in rural areas; and
                            ``(iii) a plan for providing needed mental 
                        health services to juveniles in the juvenile 
                        justice system;''; and
                            (iii) by striking subparagraphs (C) and 
                        (D);
                    (G) by striking paragraph (9) and inserting the 
                following:
            ``(9) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;'';
                    (H) in paragraph (10)--
                            (i) in subparagraph (A), by striking ``, 
                        specifically'' and inserting ``including''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;'';
                            (iii) in subparagraph (C), by striking 
                        ``juvenile justice'' and inserting ``juvenile 
                        crime control'';
                            (iv) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;'';
                            (v) in subparagraph (E)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii); and
                                    (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and'';
                            (vi) by striking subparagraph (F) and 
                        inserting the following:
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;'';
                            (vii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;'';
                            (viii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'';
                            (ix) by striking subparagraph (K) and 
                        inserting the following:
                    ``(K) boot camps for juvenile offenders;'';
                            (x) by striking subparagraph (L) and 
                        inserting the following:
                    ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;'';
                            (xi) by striking subparagraph (M) and 
             
2000
           inserting the following:
                    ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;'';
                            (xii) in subparagraph (O)--
                                    (I) in striking ``cultural'' and 
                                inserting ``other''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (xiii) by adding at the end the following:
                    ``(P) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts; 
                and
                    ``(Q) programs designed to prevent and reduce hate 
                crimes committed by juveniles.'';
                    (I) by striking paragraph (12) and inserting the 
                following:
            ``(12) shall, in accordance with rules issued by the 
        Administrator, provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles, as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;'';
                    (J) by striking paragraph (13) and inserting the 
                following:
            ``(13) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral communication (as defined in 
                subparagraphs (D) and (E)) with adults incarcerated 
                because such adults have been convicted of a crime or 
                are awaiting trial on criminal charges;
                    ``(B) to the extent practicable, violent juveniles 
                shall be kept separate from nonviolent juveniles;
                    ``(C) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adults in colocated facilities have been 
                trained and certified to work with juveniles;
                    ``(D) the term `prohibited physical contact'--
                            ``(i) means--
                                    ``(I) any physical contact between 
                                a juvenile and an adult inmate; and
                                    ``(II) proximity that provides an 
                                opportunity for physical contact 
                                between a juvenile and an adult inmate; 
                                and
                            ``(ii) does not include--
                                    ``(I) communication that is 
                                accidental or incidental;
                                    ``(II) sounds or noises that cannot 
                                reasonably be considered to be speech; 
                                or
                            ``(III) does not include supervised 
                        proximity between a juvenile and an adult 
                        inmate that is brief and incidental or 
                        accidental; and
                    ``(E) the term `sustained oral communication' means 
                the imparting or interchange of speech by or between an 
                adult inmate and a juvenile;''.
                    (K) by striking paragraph (14) and inserting the 
                following:
            ``(14) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral communication (as 
                                defined in subparagraphs (D) and (E) of 
                                paragraph (13)) with adults 
                                incarcerated because such adults have 
                                been convicted of a crime or are 
awaiting trial on criminal charges;
                                    ``(II) to the extent practicable, 
                                violent juveniles shall be kept 
                                separate from nonviolent juveniles; and
                                    ``(III) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults in co-located 
                                facilities have been trained and 
                                certified to work with juveniles; and
                            ``(ii) that--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Director of the Office 
                                of Management and Budget) and has no 
                                existing acceptable alternative 
                                placement available; or
                                    ``(II) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or tr
2000
ansportation do 
                                not allow for court appearances within 
                                48 hours after being taken into custody 
                                (excluding Saturdays, Sundays, and 
                                legal holidays) so that a brief (not to 
                                exceed an additional 48 hours) delay is 
                                excusable; or
                                    ``(III) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;'';
                    (L) in paragraph (15)--
                            (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)''; 
                        and
                            (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11) and (12)'';
                    (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'';
                    (N) by striking paragraph (19) and inserting the 
                following:
            ``(19) provide assurances that--
                    ``(A) any assistance provided under this Act will 
                not cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits) of any 
                currently employed employee;
                    ``(B) activities assisted under this Act will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                    ``(C) no such activity that would be inconsistent 
                with the terms of a collective bargaining agreement 
                shall be undertaken without the written concurrence of 
                the labor organization involved;'';
                    (O) by striking paragraph (23) and inserting the 
                following:
            ``(23) address juvenile delinquency prevention efforts and 
        system improvement efforts designed to reduce, without 
        establishing or requiring numerical standards or quotas, the 
        disproportionate number of juvenile members of minority groups, 
        who come into contact with the juvenile justice system;'';
                    (P) by striking paragraph (24) and inserting the 
                following:
            ``(24) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours after the juvenile is 
                taken into custody and during which the juvenile is so 
                held, an authorized representative of such agency shall 
                interview, in person, such juvenile; and
                    ``(C) not later than 48 hours after the juvenile is 
                taken into custody and during which the juvenile is so 
                held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;'';
                    (Q) in paragraph (25) by striking the period at the 
                end and inserting a semicolon;
                    (R) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively; and
                    (S) by adding at the end the following:
            ``(25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 222 
        (other than funds made available to the state advisory group 
        under section 222(d)) that the State will reserve for 
        expenditure by the State to provide incentive grants to units 
        of general local government that reduce the caseload of 
        probation officers within such units.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) If a State fails to comply with any applicable requirement of 
paragraph (11), (12), (13), or (22) of subsection (a) in any fiscal 
year beginning after September 30, 1999, then the amount allocated to 
such State for the subsequent fiscal year shall be reduced by not to 
exceed 12.5 percent for each such paragraph with respect to which the 
failure occurs, unless the Administrator determines that the State--
            ``(1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State was not 
        in compliance; and
            ``(2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to achieving full 
        compliance with such applicable requirements within a 
        reasonable time.''; and
            (3) in subsection (d)--
                    (A) by striking ``allotment'' and inserting 
                ``allocation''; and
                    (B) by striking ``subsection (a) (12)(A), (13), 
                (14) and (23)'' each place it appears and inserting 
                ``paragraphs (11), (12), (13), and (22) of subsection 
                (a)''.

SEC. 4259. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part I, as 
added by section 4217 of this title, the following:

     ``PART J--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

``SEC. 292. AUTHORITY TO MAKE GRANTS.

    ``The Administrator may make grants to eligible States, from funds 
allocated under section 292A, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed to 
prevent juvenile delinquency, including--
            ``(1) projects that assist in holding juveniles accountable 
        for their actions, including the use of neighborhood courts or 
        panels that increase victim satisfaction and require juveniles 
        to make restitution, or perform community service, for the 
        damage caused by their delinquent acts;
            ``(2) projects that provide treatment to juvenile offenders 
        who are victims of child abuse or neglect, and to their 
        families, in order to reduce the likelihood that such juvenile 
        offenders will commit subsequent violations of law;
            ``(3) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alte
2000
rnative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) which assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                disabled juveniles; or
                    ``(G) which develop locally coordinated policies 
                and programs among education, juvenile justice, and 
                social service agencies;
            ``(4) projects which expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(5) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(6) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to be retained in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances;
            ``(8) projects which leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(9) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions, 
                including mental health services and substance abuse 
                treatment, to prevent such juvenile from committing 
                subsequent offenses;
            ``(10) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
            ``(11) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, and private nonprofit agencies 
        offering services to juveniles;
            ``(12) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
            ``(13) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(14) family strengthening activities, such as mutual 
        support groups for parents and their children;
            ``(15) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
            ``(16) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses; and
            ``(17) other activities that are likely to prevent juvenile 
        delinquency.

``SEC. 292A. ALLOCATION.

    ``Funds appropriated to carry out this part shall be allocated 
among eligible States as follows:
            ``(1) 0.75 percent shall be allocated to each State.
            ``(2) Of the total amount remaining after the allocation 
        under paragraph (1), there shall be allocated to each State as 
        follows:
                    ``(A) 50 percent of such amount shall be allocated 
                proportionately based on the population that is less 
                than 18 years of age in the eligible States.
                    ``(B) 50 percent of such amount shall be allocated 
                proportionately based on the annual average number of 
                arrests for serious crimes committed in the eligible 
                States by juveniles during the then most recently 
                completed period of 3 consecutive calendar years for 
which sufficient information is available to the Administrator.

``SEC. 292B. ELIGIBILITY OF STATES.

    ``(a) Application.--To be eligible to receive a grant under section 
292, a State shall submit to the Administrator an application that 
contains the following:
            ``(1) An assurance that the State will use--
                    ``(A) not more than 5 percent of such grant, in the 
                aggregate, for--
                            ``(i) the costs incurred by the State to 
                        carry out this part; and
                            ``(ii) to evaluate, and provide technical 
                        assistance relating to, projects and activities 
                        carried out with funds provided under this 
                        part; and
                    ``(B) the remainder of such grant to make grants 
                under section 292C.
            ``(2) An assurance that, and a detailed description of how, 
        such grant will support, and not supplant State and local 
        efforts to prevent juvenile delinquency.
            ``(3) An assurance that such application was prepared after 
        consultation with and participation by community-based 
        organizations, and organizations in the local juvenile justice 
        system, that carry out programs, projects, or activities to 
        prevent juvenile delinquency.
       
2000
     ``(4) An assurance that each eligible entity described in 
        section 292C(a) that receives an initial grant under section 
        292 to carry out a project or activity shall also receive an 
        assurance from the State that such entity will receive from the 
        State, for the subsequent fiscal year to carry out such project 
        or activity, a grant under such section in an amount that is 
        proportional, based on such initial grant and on the amount of 
        the grant received under section 292 by the State for such 
        subsequent fiscal year, but that does not exceed the amount 
        specified for such subsequent fiscal year in such application 
        as approved by the State.
            ``(5) Such other information and assurances as the 
        Administrator may reasonably require by rule.
    ``(b) Approval of Applications.--
            ``(1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and amendments to 
        such application submitted in subsequent fiscal years, that 
        satisfy the requirements of subsection (a).
            ``(2) Limitation.--The Administrator may not approve such 
        application (including amendments to such application) for a 
        fiscal year unless--
                    ``(A)(i) the State submitted a plan under section 
                223 for such fiscal year; and
                    ``(ii) such plan is approved by the Administrator 
                for such fiscal year; or
                    ``(B) the Administrator waives the application of 
                subparagraph (A) to such State for such fiscal year, 
                after finding good cause for such a waiver.

``SEC. 292C. GRANTS FOR LOCAL PROJECTS.

    ``(a) Selection From Among Applications.--
            ``(1) In general.--Using a grant received under section 
        292, a State may make grants to eligible entities whose 
        applications are received by the State in accordance with 
        subsection (b) to carry out projects and activities described 
        in section 292.
            ``(2) For purposes of making grants under this section, the 
        State shall give special consideration to eligible entities 
        that--
                    ``(A) propose to carry out such projects in 
                geographical areas in which there is--
                            ``(i) a disproportionately high level of 
                        serious crime committed by juveniles; or
                            ``(ii) a recent rapid increase in the 
                        number of nonstatus offenses committed by 
                        juveniles;
                    ``(B)(i) agreed to carry out such projects or 
                activities that are multidisciplinary and involve 2 or 
                more eligible entities; or
                    ``(ii) represent communities that have a 
                comprehensive plan designed to identify at-risk 
                juveniles and to prevent or reduce the rate of juvenile 
                delinquency, and that involve other entities operated 
                by individuals who have a demonstrated history of 
                involvement in activities designed to prevent juvenile 
                delinquency; and
                    ``(C) the amount of resources (in cash or in kind) 
                such entities will provide to carry out such projects 
                and activities.
    ``(b) Receipt of Applications.--
            ``(1) In general.--Subject to paragraph (2), a unit of 
        general local government shall submit to the State 
        simultaneously all applications that are--
                    ``(A) timely received by such unit from eligible 
                entities; and
                    ``(B) determined by such unit to be consistent with 
                a current plan formulated by such unit for the purpose 
                of preventing, and reducing the rate of, juvenile 
                delinquency in the geographical area under the 
                jurisdiction of such unit.
            ``(2) Direct submission to state.--If an application 
        submitted to such unit by an eligible entity satisfies the 
        requirements specified in subparagraphs (A) and (B) of 
        paragraph (1), such entity may submit such application directly 
        to the State.

``SEC. 292D. ELIGIBILITY OF ENTITIES.

    ``(a) Eligibility.--Subject to subsections (b) and except as 
provided in subsection (c), to be eligible to receive a grant under 
section 292C, a community-based organization, local juvenile justice 
system officials (including prosecutors, police officers, judges, 
probation officers, parole officers, and public defenders), local 
education authority (as defined in section 14101 of the Elementary and 
Secondary Education Act of 1965 and including a school within such 
authority), nonprofit private organization, unit of general local 
government, or social service provider, and or other entity with a 
demonstrated history of involvement in the prevention of juvenile 
delinquency, shall submit to a unit of general local government an 
application that contains the following:
            ``(1) An assurance that such applicant will use such grant, 
        and each such grant received for the subsequent fiscal year, to 
carry out throughout a 2-year period a project or activity described in 
reasonable detail, and of a kind described in 1 or more of paragraphs 
(1) through (14) of section 292 as specified in, such application.
            ``(2) A statement of the particular goals such project or 
        activity is designed to achieve, and the methods such entity 
        will use to achieve, and assess the achievement of, each of 
        such goals.
            ``(3) A statement identifying the research (if any) such 
        entity relied on in preparing such application.
    ``(b) Review and Submission of Applications.--Except as provided in 
subsection (c), an entity shall not be eligible to receive a grant 
under section 292C unless--
            ``(1) such entity submits to a unit of general local 
        government an application that--
                    ``(A) satisfies the requirements specified in 
                subsection (a); and
                    ``(B) describes a project or activity to be carried 
                out in the geographical area under the jurisdiction of 
                such unit; and
            ``(2) such unit determines that such project or activity is 
        consistent with a current plan formulated by such unit for the 
        purpose of preventing, and reducing the rate of, juvenile 
        delinquency in the geographical area under the jurisdiction of 
        such unit.
    ``(c) Limitation.--If an entity that receives a grant under section 
292C to carry out a project or activity for a 2-year period, and 
receives technical assistance from the State or the Administrator after 
requesting such technical assistance (if any), fails to demonstrate, 
before the expiration of such 2-year period, that such project or such 
activity has achieved substantial success in achieving the goals 
specified in the application submitted by such entity to receive such 
grants, then such entity shall not be eligible to receive any 
subsequent grant under such section to continue to carry out such 
project or activity.''.

SEC. 4260. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part J, as 
added by section 4259 of this title, the following:

     ``PART K--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

``SEC. 293. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    ``(a) Research and Evaluation.--(1) The Administrator may--
            ``(A) plan and identify, after consultation with the 
        Director of the National Institute of Justice, the purposes and 
        goals of all agreements carried out with funds provided
2000
 under 
        this subsection; and
            ``(B) make agreements with the National Institute of 
        Justice or, subject to the approval of the Assistant Attorney 
        General for the Office of Justice Programs, with another 
        Federal agency authorized by law to conduct research or 
        evaluation in juvenile justice matters, for the purpose of 
        providing research and evaluation relating to--
                    ``(i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime committed by 
                juveniles;
                    ``(ii) the link between juvenile delinquency and 
                the incarceration of members of the families of 
                juveniles;
                    ``(iii) successful efforts to prevent first-time 
                minor offenders from committing subsequent involvement 
                in serious crime;
                    ``(iv) successful efforts to prevent recidivism;
                    ``(v) the juvenile justice system;
                    ``(vi) juvenile violence; and
                    ``(vii) other purposes consistent with the purposes 
                of this title and title I.
    ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
    ``(b) Statistical Analyses.--The Administrator may--
            ``(1) plan and identify, after consultation with the 
        Director of the Bureau of Justice Statistics, the purposes and 
        goals of all agreements carried out with funds provided under 
        this subsection; and
            ``(2) make agreements with the Bureau of Justice 
        Statistics, or subject to the approval of the Assistant 
        Attorney General for the Office of Justice Programs, with 
        another Federal agency authorized by law to undertake 
        statistical work in juvenile justice matters, for the purpose 
        of providing for the collection, analysis, and dissemination of 
        statistical data and information relating to juvenile 
        delinquency and serious crimes committed by juveniles, to the 
        juvenile justice system, to juvenile violence, and to other 
        purposes consistent with the purposes of this title and title 
        I.
    ``(c) Competitive Selection Process.--The Administrator shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
    ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry out such agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
    ``(e) Information Dissemination.--The Administrator may--
            ``(1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign nations (as 
        appropriate), collect data and information from studies and 
        research into all aspects of juvenile delinquency (including 
        the causes, prevention, and treatment of juvenile delinquency) 
        and serious crimes committed by juveniles;
            ``(2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the preparation, 
        publication, and dissemination of information relating to 
        juvenile delinquency, including State and local prevention and 
        treatment programs, plans, resources, and training and 
        technical assistance programs; and
            ``(3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        disseminating information to representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, the courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of projects and activities for 
        which financial assistance is provided under this title.

``SEC. 293A. TRAINING AND TECHNICAL ASSISTANCE.

    ``(a) Training.--The Administrator may--
            ``(1) develop and carry out projects for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102; 
        and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102.
    ``(b) Technical Assistance.--The Administrator may--
            ``(1) develop and implement projects for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies and organizations, including 
        practitioners in juvenile justice, law enforcement, courts, 
        corrections, schools, and related services, in the 
        establishment, implementation, and operation of programs, 
        projects, and activities for which financial assistance is 
        provided under this title; and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, and 
        activities for which financial assistance is provided under 
        this title.''.

SEC. 4261. DEMONSTRATION PROJECTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part K, as 
added by section 4260 of this title, the following:

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

``SEC. 294. GRANTS AND PROJECTS.

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

``SEC. 294A. GRANTS FOR TECHNICAL ASSISTANCE.

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

``SEC. 294B. ELIGIBILITY.

    ``To be eligible to receive a grant made under this part, a public 
or private agency, Indian tribal government, organization, institution, 
individual, or combination thereof shall submit an application to the 
Administrator at such time, in such form, and containing such 
information as the Administrator may reas
2000
onable require by rule.

``SEC. 294C. REPORTS.

    ``Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by the 
Administrator to describe progress achieved in carrying the projects 
for which such grants are made.''.

SEC. 4262. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) by striking subsection (e); and
            (2) by striking subsections (a) and (b), and inserting the 
        following:
    ``(a) Authorization of Appropriations for Title II.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this title such sums as may be appropriate for 
        fiscal years 2002, 2003, and 2004.
            ``(2) Allocation.--Of the amount made available for each 
        fiscal year to carry out this title not more than 5 percent 
        shall be available to carry out part A.

SEC. 4263. ADMINISTRATIVE AUTHORITY.

    Section 299A(d) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5672) is amended by striking ``as are consistent 
with the purpose of this Act'' and inserting ``only to the extent 
necessary to ensure that there is compliance with the specific 
requirements of this title or to respond to requests for clarification 
and guidance relating to such compliance''.

SEC. 4264. USE OF FUNDS.

    Section 299C of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5674) is amended--
            (1) in subsection (a)--
                    (A) by striking ``may be used for'';
                    (B) in paragraph (1), by inserting ``may be used 
                for'' after ``(1)''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) may not be used for the cost of construction of any 
        short- or long-term facilities for adult or juvenile offenders, 
        except not more than 15 percent of the funds received under 
        this title by a State for a fiscal year may be used for the 
        purpose of renovating or replacing juvenile facilities.'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).

SEC. 4265. LIMITATION ON USE OF FUNDS.

    Part M of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as redesignated by 
section 4217 of this title, is amended by adding at the end the 
following:

``SEC. 299F. LIMITATION ON USE OF FUNDS.

    ``None of the funds made available to carry out this title may be 
used to advocate for, or support, the unsecured release of juveniles 
who are charged with a violent crime.''.

SEC. 4266. RULES OF CONSTRUCTION.

    Part M of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended by section 
4265 of this title, is amended by adding at the end the following:

``SEC. 299G. RULES OF CONSTRUCTION.

    ``Nothing in this title or title I may be construed--
            ``(1) to prevent financial assistance from being awarded 
        through grants under this title to any otherwise eligible 
        organization; or
            ``(2) to modify or affect any Federal or State law relating 
        to collective bargaining rights of employees.''.

SEC. 4267. LEASING SURPLUS FEDERAL PROPERTY.

    Part M of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended by section 
4266 of this title, is amended by adding at the end the following:

``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

    ``The Administrator may receive surplus Federal property (including 
facilities) and may lease such property to States and units of general 
local government for use in or as facilities for juvenile offenders, or 
for use in or as facilities for delinquency prevention and treatment 
activities.''.

SEC. 4268. ISSUANCE OF RULES.

    Part M of title II or the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended by section 
4267 of this title, is amended by adding at the end the following:

``SEC. 299I. ISSUANCE OF RULES.

    ``The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for making grants 
and contracts, and distributing funds available, to carry out this 
title.''.

SEC. 4269. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
            (1) in section 202(b), by striking ``prescribed for GS-18 
        of the General Schedule by section 5332'' and inserting 
        ``payable under section 5376'';
            (2) in section 221(b)(2), by striking the last sentence; 
        and
            (3) in section 299D, by striking subsection (d).
    (b) Conforming Amendments.--
            (1) Title 5.--Section 5315 of title 5, United States Code, 
        is amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Delinquency Prevention''.
            (2) Title 18.--Section 4351(b) of title 18, United States 
        Code, is amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Delinquency Prevention''.
            (3) Title 39.--Subsections (a)(1) and (c) of section 3220 
        of title 39, United States Code, is amended by striking 
        ``Office of Juvenile Justice and Delinquency Prevention'' each 
        place it appears and inserting ``Office of Juvenile Crime 
        Control and Delinquency Prevention''.
            (4) Social security act.--Section 463(f) of the Social 
        Security Act (42 U.S.C. 663(f)) is amended by striking ``Office 
        of Juvenile Justice and Delinquency Prevention'' and inserting 
        ``Office of Juvenile Crime Control and Delinquency 
        Prevention''.
            (5) Omnibus crime control and safe streets act of 1968.--
        Sections 801(a), 804, 805, and 813 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 
        3782, 3785, 3786, 3789i) are each amended by striking ``Office 
        of Juvenile Justice and Delinquency Prevention'' each place it 
        appears and inserting ``Office of Juvenile Crime Control and 
        Delinquency Prevention''.
            (6) Victims of child abuse act of 1990.--The Victims of 
        Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended--
                    (A) in section 214(b)(1), by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (B) in section 214A(c)(1), by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (C) in sections 217 and 222, by striking ``Office 
                of Juvenile Justice and Delinquency Prevention'' each 
                place it appears and inserting ``Office of Juvenile 
                Crime Control and Delinquency Prevention''; and
                    (D) in section 223(c), by striking ``section 262, 
                293, and 296'' and inserting ``sections 262, 299B, and 
                299E''.
            (7) Missing children's assistance.--The Missing Children's 
        Assistance Act (42 U.S.C. 5771 et seq.) is amended--
                    (A) in section 403(2), by striking ``Justice and 
                Delinquency Prevention'' and inserting ``Crime Control 
                and Delinquency Prevention''; and
                    (B) in subsections (a)(5)(E) and (b)(1)(B) of 
                section 404, by striking ``section 313'' and inserting 
                ``section 331''.
            (8) Crime control act of 1990.--The Crime Control Act of 
        1990 (42 U.S.C. 13001 
2000
et seq.) is amended--
                    (A) in section 217(c)(1), by striking ``sections 
                262, 293, and 296 of subpart II of title II'' and 
                inserting ``sections 299B and 299E''; and
                    (B) in section 223(c), by striking ``section 262, 
                293, and 296 of title II'' and inserting ``sections 
                299B and 299E''.

SEC. 4270. REFERENCES.

    In any Federal law (excluding this Act and the Acts amended by this 
Act), Executive order, rule, regulation, order, delegation of 
authority, grant, contract, suit, or document--
            (1) a reference to the Office of Juvenile Justice and 
        Delinquency Prevention shall be deemed to include a reference 
        to the Office of Juvenile Crime Control and Delinquency 
        Prevention, and
            (2) a reference to the National Institute for Juvenile 
        Justice and Delinquency Prevention shall be deemed to include a 
        reference to Office of Juvenile Crime Control and Delinquency 
        Prevention.

             PART 6--LOCAL GUN VIOLENCE PREVENTION PROGRAMS

SEC. 4271. COMPETITIVE GRANTS FOR CHILDREN'S FIREARM SAFETY EDUCATION.

    (a) Purposes.--The purposes of this section are--
            (1) to award grants to assist local educational agencies, 
        in consultation with community groups and law enforcement 
        agencies, to educate children about preventing gun violence; 
        and
            (2) to assist communities in developing partnerships 
        between public schools, community organizations, law 
        enforcement, and parents in educating children about preventing 
        gun violence.
    (b) Definitions.--In this section:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the same meaning given such term in section 14101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the United States Virgin Islands.
    (c) Allocation of Competitive Grants.--
            (1) Grants by the secretary.--For any fiscal year in which 
        the amount appropriated to carry out this section does not 
        equal or exceed $50,000,000, the Secretary of Education may 
        award competitive grants described under subsection (d).
            (2) Grants by the states.--For any fiscal year in which the 
        amount appropriated to carry out this section exceeds 
        $50,000,000, the Secretary shall make allotments to State 
        educational agencies pursuant to paragraph (3) to award 
        competitive grants described in subsection (d).
            (3) Formula.--Except as provided in paragraph (4), funds 
        appropriated to carry out this section shall be allocated among 
        the States as follows:
                    (A) Minors.--75 percent of such amount shall be 
                allocated proportionately based upon the population 
                that is less than 18 years of age in the State.
                    (B) Incarcerated minors.--25 percent of such amount 
                shall be allocated proportionately based upon the 
                population that is less than 18 years of age in the 
                State that is incarcerated.
            (4) Minimum allotment.--Of the amounts appropriated to 
        carry out this section, 0.50 percent shall be allocated to each 
        State.
    (d) Authorization of Competitive Grants.--The Secretary or the 
State educational agency, as the case may be, may award grants to 
eligible local educational agencies for the purposes of educating 
children about preventing gun violence, in accordance with the 
following:
            (1) Assurances.--
                    (A) Amount of funds distributed.--The Secretary or 
                the State educational agency, as the case may be, shall 
                ensure that not less than 90 percent of the funds 
                allotted under this section are distributed to local 
                educational agencies.
                    (B) Distribution.--In awarding the grants, the 
                Secretary or the State educational agency, as the case 
                may be, shall ensure, to the maximum extent 
                practicable--
                            (i) an equitable geographic distribution of 
                        grant awards;
                            (ii) an equitable distribution of grant 
                        awards among programs that serve public 
                        elementary school students, public secondary 
                        school students, and a combination of both; and
                            (iii) that urban, rural and suburban areas 
                        are represented within the grants that are 
                        awarded.
            (2) Priority.--In awarding grants under this section, the 
        Secretary or the State educational agency, as the case may be, 
        shall give priority to a local educational agency that--
                    (A) coordinates with other Federal, State, and 
                local programs that educate children about personal 
                health, safety, and responsibility, including programs 
                carried out under the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.);
                    (B) serves a population with a high incidence of 
                students found in possession of a weapon on school 
                property or students suspended or expelled for bringing 
                a weapon onto school grounds or engaging in violent 
                behavior on school grounds; and
                    (C) forms a partnership that includes not less than 
                1 local educational agency working in consultation with 
                not less than 1 public or private nonprofit agency or 
                organization with experience in violence prevention or 
                1 local law enforcement agency.
            (3) Peer review; consultation.--
                    (A) In general.--
                            (i) Peer review by panel.--Before grants 
                        are awarded, the Secretary shall submit grant 
                        applications to a peer review panel for 
                        evaluation.
                            (ii) Composition of panel.--The panel shall 
                        be composed of not less than 1 representative 
                        from a local educational agency, State 
                        educational agency, a local law enforcement 
                        agency, and a public or private nonprofit 
                        organization with experience in violence 
                        prevention.
                    (B) Consultation.--The Secretary shall submit grant 
                applications to the Attorney General for consultation.
    (e) Eligible Grant Recipients.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible grant recipient is a local educational agency that may 
        work in partnership with 1 or more of the following:
                    (A) A public or private nonprofit agency or 
                organization with experience in violence prevention.
                    (B) A local law enforcement agency.
                    (C) An institution of higher education.
            (2) Exception.--A State educational agency may, with the 
        approval of a local educational agency, submit an application 
        on behalf of such local educational agency or a consortium of 
        such agencies.
    (f) Local Applications; Reports.--
            (1) Applications.--Each local educational agency that 
        wishes to receive a grant under this section shall
2000
 submit an 
        application to the Secretary and the State educational agency 
        that includes--
                    (A) a description of the proposed activities to be 
                funded by the grant and how each activity will further 
                the goal of educating children about preventing gun 
                violence;
                    (B) how the program will be coordinated with other 
                programs that educate children about personal health, 
                safety, and responsibility, including programs carried 
                out under the Safe and Drug-Free Schools and 
Communities Act of 1994 (20 U.S.C. 7101 et seq.); and
                    (C) the age and number of children that the 
                programs will serve.
            (2) Reports.--Each local educational agency that receives a 
        grant under this section shall submit a report to the Secretary 
        and to the State educational agency not later than 18 months 
        after the grant is awarded and submit an additional report to 
        the Secretary and to the State not later than 36 months after 
        the grant is awarded. Each report shall include information 
        regarding--
                    (A) the activities conducted to educate children 
                about gun violence;
                    (B) how the program will continue to educate 
                children about gun violence in the future; and
                    (C) how the grant is being coordinated with other 
                Federal, State, and local programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
    (g) Authorized Activities.--
            (1) Required activities.--Grants authorized under 
        subsection (d) shall be used for the following activities:
                    (A) Supporting existing programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
                    (B) Educating children about the effects of gun 
                violence.
                    (C) Educating children to identify dangerous 
                situations in which guns are involved and how to avoid 
                and prevent such situations.
                    (D) Educating children how to identify threats and 
                other indications that their peers are in possession of 
                a gun and may use a gun, and what steps they can take 
                in such situations.
                    (E) Developing programs to give children access to 
                adults to whom they can report, in a confidential 
                manner, any problems relating to guns.
            (2) Permissible activities.--Grants authorized under 
        subsection (d) may be used for the following:
                    (A) Encouraging schoolwide programs and 
                partnerships that involve teachers, students, parents, 
                administrators, other staff, and members of the 
                community in reducing gun incidents in public 
                elementary and secondary schools.
                    (B) Establishing programs that assist parents in 
                helping educate their children about firearm safety and 
                the prevention of gun violence.
                    (C) Providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and effects of gun violence and risk factors and 
                student behavior that may result in gun violence, 
                including training sessions to review and update school 
                crisis response plans and school policies for 
                preventing the presence of guns on school grounds and 
                facilities.
                    (D) Providing technical assistance for school 
                psychologists and counselors to provide timely 
                counseling and evaluations, in accordance with State 
                and local laws, of students who possess a weapon on 
                school grounds.
                    (E) Improving security on public elementary and 
                secondary school campuses to prevent outside persons 
                from entering school grounds with firearms.
                    (F) Assisting public schools and communities in 
                developing crisis response plans when firearms are 
                found on school campuses and when gun-related incidents 
                occur.
    (h) State Applications; Activities and Reports.--
            (1) State applications.--
                    (A) Contents.--Each State desiring to receive funds 
                under this section shall, through its State educational 
                agency, submit an application to the Secretary of 
                Education at such time and in such manner as the 
                Secretary shall require. Such application shall 
                describe--
                            (i) the manner in which funds under this 
                        section for State activities and competitive 
                        grants will be used to fulfill the purposes of 
                        this section;
                            (ii) the manner in which the activities and 
                        projects supported by this section will be 
                        coordinated with other State and Federal 
                        education, law enforcement, and juvenile 
                        justice programs, including the Safe and Drug-
                        Free Schools and Communities Act of 1994 (20 
                        U.S.C. 7101 et seq.);
                            (iii) the manner in which States will 
                        ensure an equitable geographic distribution of 
                        grant awards; and
                            (iv) the criteria which will be used to 
                        determine the impact and effectiveness of the 
                        funds used pursuant to this section.
                    (B) Form.--A State educational agency may submit an 
                application to receive a grant under this section under 
                paragraph (1) or as an amendment to the application the 
                State educational agency submits under the Safe and 
                Drug-Free Schools and Communities Act of 1994 (20 
                U.S.C. 7101 et seq.).
            (2) State activities.--Of appropriated amounts allocated to 
        the States under subsection (c)(2), the State educational 
        agency may reserve not more than 10 percent for activities to 
        further the goals of this section, including--
                    (A) providing technical assistance to eligible 
                grant recipients in the State;
                    (B) performing ongoing research into the causes of 
                gun violence among children and methods to prevent gun 
violence among children; and
                    (C) providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and indications of gun violence.
            (3) State reports.--Each State receiving an allotment under 
        this section shall submit a report to the Secretary and to the 
        Committees on Health, Education, Labor, and Pensions and the 
        Judiciary of the Senate and the Committees on Education and the 
        Workforce and the Judiciary of the House of Representatives, 
        not later than 12 months after receipt of the grant award and 
        shall submit an additional report to those committees not later 
        than 36 months after receipt of the grant award. Each re
bb4
port 
        shall include information regarding--
                    (A) the progress of local educational agencies that 
                received a grant award under this section in the State 
                in educating children about firearms;
                    (B) the progress of State activities under 
                paragraph (1) to advance the goals of this section; and
                    (C) how the State is coordinating funds allocated 
                under this section with other State and Federal 
                education, law enforcement, and juvenile justice 
                programs, including the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.).
    (i) Supplement Not Supplant.--A State or local educational agency 
shall use funds received under this section only to supplement the 
amount of funds that would, in the absence of such Federal funds, be 
made available from non-Federal sources for reducing gun violence among 
children and educating children about firearms, and not to supplant 
such funds.
    (j) Displacement.--A local educational agency that receives a grant 
award under this section shall ensure that persons hired to carry out 
the activities under this section do not displace persons already 
employed.
    (k) Home Schools.--Nothing in this section shall be construed to 
affect home schools.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated for this section $60,000,000 for each of fiscal years 
2002, 2003, and 2004.

SEC. 4272. DISSEMINATION OF BEST PRACTICES VIA THE INTERNET.

    (a) Model Dissemination.--The Secretary of Education shall include 
on the Internet site of the Department of Education a description of 
programs that receive grants under section 4271.
    (b) Grant Program Notification.--The Secretary shall publicize the 
competitive grant program through its Internet site, publications, and 
public service announcements.

SEC. 4273. GRANT PRIORITY FOR TRACING OF GUNS USED IN CRIMES BY 
              JUVENILES.

    Section 517 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3763) is amended by adding at the end the following:
    ``(c) Priority.--In awarding discretionary grants under section 511 
to public agencies to undertake law enforcement initiatives relating to 
gangs, or relating to juveniles who are involved or at risk of 
involvement in gangs, the Director shall give priority to a public 
agency that includes in its application a description of strategies or 
programs of that public agency (either in effect or proposed) that 
provide cooperation between Federal, State, and local law enforcement 
authorities, through the use of firearms and ballistics identification 
systems, to disrupt illegal sale or transfer of firearms to or between 
juveniles through tracing the sources of guns used in crime that were 
provided to juveniles.''.
                                 &lt;all&gt;

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