S.2484 - Safe Schools, Safe Streets, and Secure Borders Act of 1998105th Congress (1997-1998)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 09/16/1998)|
|Committees:||Senate - Judiciary|
|Latest Action:||10/21/1998 Sponsor introductory remarks on measure.|
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- Crime and Law Enforcement
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Summary: S.2484 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in Senate (09/16/1998)
TABLE OF CONTENTS:
Title I: Combating Violence in Schools and Punishing
Subtitle A: Assistance to Schools
Subtitle B: Federal Prosecution of Serious and Violent
Subtitle C: Assistance to States for Prosecuting and
Punishing Juvenile Offenders, and Reducing Juvenile
Subtitle D: Protecting Children From Gun Violence
Title II: Combating Gang Violence
Subtitle A: Enhanced Penalties for Gang-Related
Subtitle B: Targeting Gang-Related Gun Offenses
Subtitle C: Using and Protecting Witnesses to Help
Prosecute Gangs and Other Violent Criminals
Subtitle D: Gang Paraphernalia
Subtitle E: Grants to Target Gang Crime and Violent
Title III: Combating Violence on the Streets
Subtitle A: More Police Officers on the Beat
Subtitle B: Violent Offender Incarceration and Truth-
Subtitle C: Domestic Violence
Subtitle D: Assistance to Local Law Enforcement
Subtitle E: Protecting Federal, State, and Local Law
Enforcement Officers and the Judiciary
Subtitle F: Extension of Violent Crime Reduction Trust
Subtitle G: Punishing Hate Crimes and Protecting Civil
Subtitle H: Deterring Cargo Theft
Subtitle I: Improvements to Federal Criminal Law
Title IV: Preventing Juvenile Crime
Subtitle A: Grants to Youth Organizations
Subtitle B: "Say No to Drugs" Community Centers Act of
Subtitle C: Missing and Exploited Children
Subtitle D: Reauthorization of Incentive Grants for
Local Delinquency Prevention Programs
Subtitle E: Reauthorization of the Runaway and Homeless
Subtitle F: Authorization of Anti-Drug Abuse Programs
Subtitle G: Jump Ahead Act of 1998
Subtitle H: Truancy Prevention
Subtitle I: Juvenile Crime Control and Delinquency
Title V: Drug Testing and Intervention
Subtitle A: Combating Drugs in Prisons
Subtitle B: Protecting Children From Dangerous Drugs
Subtitle C: Drug Courts
Subtitle D: Development of Medicines for the Treatment
of Drug Addiction
Subtitle E: National Drug Control Policy
Subtitle F: Improving Effectiveness of Youth Crime and
Drug Prevention Efforts
Title VI: Criminal History Records
Subtitle A: National Criminal History Access
Subtitle B: State Grant Program for Criminal Justice
Identification, Information, and Communication
Title VII: Enhancement of Rights and Protections for Victims
Subtitle A: Crime Victims Assistance
Subtitle B: Crime Victims With Disabilities Awareness
Subtitle C: Victims of Juvenile Crimes
Title VIII: Combating Money Laundering
Title IX: Combating International Crime
Subtitle A: Investigating and Punishing Violent Crimes
Against United States Nationals Abroad
Subtitle B: Denying Safe Havens to International
Subtitle C: Seizing and Forfeiting the Assets of
Subtitle D: Responding to Emerging International Crime
Subtitle E: Promoting Global Cooperation in the Fight
Against International Crime
Subtitle F: Streamlining the Investigation and
Prosecution of International Crimes in United
Title X: Strengthening the Air, Land, and Sea Borders of the
Subtitle A: Violence Committed Along United States
Subtitle B: Strengthening Maritime Law Enforcement
Along United States Borders
Subtitle C: Smuggling of Contraband and Other Illegal
Subtitle D: Strengthening Immigration Laws to Exclude
International Criminals From the United States
Subtitle E: Alien Smuggling
Subtitle F: Trafficking in Chemicals Used to Produce
Subtitle G: Arms Trafficking
Safe Schools, Safe Streets, and Secure Borders Act of 1998 - Title I: Combating Violence in Schools and Punishing Juvenile Crime - Subtitle A: Assistance to Schools - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize the use of grants under the public safety and community policing program to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities.
(Sec. 1002) Directs the Attorney General, the Secretary of Education (Secretary), and the Secretary of Energy to enter into an agreement for the establishment at the Sandia National Laboratories in partnership with the National Law Enforcement and Corrections Technology Center--Southeast of a School Security Technology Center. Authorizes appropriations.
(Sec. 1003) Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to award grants on a competitive basis to local educational agencies to enable such agencies to acquire security technology, or carry out activities related to improving security at the middle and high schools served by the agencies, including obtaining school security assessments, and technical assistance for the development of a comprehensive school security plan from the School Security Technology Center. Directs the Secretary to give priority to agencies showing the highest security needs. Authorizes appropriations.
(Sec. 1004) Directs the Attorney General to develop and submit to the Congress a proposal to further improve school security.
Subtitle B: Federal Prosecution of Serious and Violent Juvenile Offenders - Part 1: Reform of Federal Juvenile System - Revises Federal criminal code (code) provisions regarding delinquency proceedings and criminal prosecutions in district courts to authorize a juvenile alleged to have committed an act on or after the day the juvenile attains age 16 to be prosecuted as an adult if specified conditions are met, such as if: (1) the juvenile has requested in writing upon advice of counsel to be prosecuted as an adult; and (2) the act, if committed by an adult, would be a felony crime of violence or a specified serious drug or other offense. Requires the approval of the Attorney General or the Attorney General's designee to prosecute a juvenile between the ages of 13 and 16. (Under current law, the decision to charge a juvenile as an adult for specified crimes is a result of a motion by the United States to transfer the juvenile for criminal prosecution, and the offenses subject to this transfer authority are limited.)
Makes a determination regarding approval or institution of prosecution under this title non-reviewable in court, with exceptions.
Allows a juvenile to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and convicted of a lesser included offense.
(Sec. 1211) Limits the applicability of statutory minimum sentences in certain prosecutions of persons under age 16.
(Sec. 1213) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate).
(Sec. 1215) Requires juvenile delinquency proceedings for a juvenile in detention to begin within 45 (currently, 30) days after the beginning of such detention.
Directs the court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances of the case that led to the dismissal, and the impact of a reprosecution on the administration of justice.
(Sec. 1216) Modifies sentencing options under the code to make available increased detention, fines, and supervised release for adjudicated delinquents. Makes mandatory restitution applicable to adjudicated delinquents. Increases, for an adjudicated delinquent, the maximum period of: (1) probation to the same period applicable to an adult; and (2) official detention to the lesser of the maximum term of imprisonment authorized if the juvenile had been tried and convicted as an adult, ten years, or the date on which the juvenile attains age 26.
Authorizes the court, pursuant to guidelines promulgated by the United States Sentencing Commission, to treat the conviction as adult of juveniles aged 13, 14, and 15 as an adjudication of delinquency. Directs the Commission to promulgate such guidelines within one year of this Act's enactment.
(Sec. 1217) Modifies code provisions regarding the use of juvenile records to direct that the court records of the original proceeding be safeguarded from unauthorized disclosure. Allows release of such records as necessary to meet inquiries from the official representative of the victim of such juvenile delinquency in appropriate cases, and in other specified circumstances, to: (1) apprise such victim or representative of the status or disposition of the proceeding; (2) effectuate any other legal provision; or (3) assist in a victim's, or the victim's official representative's, allocution at disposition.
Directs that, if a juvenile has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of the prohibition under the Brady Handgun Violence Prevention Act against selling, delivering, or otherwise transferring a handgun or ammunition suitable for use only in a handgun to a person known or reasonably believed to be a juvenile: (1) the juvenile shall be fingerprinted and photographed, and the fingerprints and photograph sent to the Federal Bureau of Investigation (FBI); (2) the court shall transmit to the FBI the information concerning the adjudication; and (3) access to the fingerprints, photograph, and other records and information relating to the juvenile shall be restricted.
Part 2: Incarceration of Juveniles in the Federal System - Amends code provisions regarding juvenile detention to require that juveniles being prosecuted as adults be detained prior to sentencing: (1) in such suitable place as the Attorney General may designate, with preference given to a place located within, or a reasonable distance of, the district in which the juvenile is being prosecuted, if the juvenile is 16 years of age or older; and (2) in such an available, suitable juvenile facility, in any other such facility, or if no such facility is available, in any other suitable place as the Attorney General may designate if the juvenile is under age 16. Directs that, to the extent practicable, violent juveniles be kept separate from nonviolent juveniles.
Expands current protections for juveniles detained prior to disposition to cover detention prior to disposition or sentencing, and to provide for reasonable safety and security.
(Sec. 1221) Amends code provisions regarding commitment to: (1) prohibit the Attorney General from causing any person under age 18 adjudicated delinquent, or under age 16 convicted of an offense, to be placed or retained in an adult jail or correctional facility in which the person has prohibited physical contact or sustained oral communication with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges; and (2) provide for reasonable safety and security for every juvenile adjudicated delinquent.
Subtitle C: Assistance to States for Prosecuting and Punishing Juvenile Offenders, and Reducing Juvenile Crime - Authorizes the Attorney General to make grants to States, local governments, 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, to be used: (1) for collocated facilities for adult prisoners and violent juvenile offenders; and (2) only for the construction or operation of facilities in which violent juvenile offenders are substantially segregated from nonviolent juvenile offenders.
Sets forth provisions regarding application requirements, minimum allocations, performance evaluation, technical assistance, juvenile facilities on tribal lands, and a report on the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs.
(Sec. 1301) Authorizes the Attorney General to make grants to States, State and local courts, local governments, and Indian tribes, for the purposes of: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders 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 as the seriousness of their unlawful conduct increases and for each additional offense.
Sets forth provisions regarding application requirements, considerations in awarding grants, allocation of grant funds, use of grant amounts, grant limitations, the Federal share, and reporting and evaluation requirements. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund).
(Sec. 1302) Directs the Attorney General to establish a pilot program to encourage and support communities who adopt a comprehensive approach to suppressing and preventing violent juvenile crime patterned after successful State juvenile crime reduction strategies. Authorizes appropriations.
(Sec. 1303) Amends: (1) the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for the costs of incarcerating juvenile alien offenders; and (2) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require that the annual report on criminal aliens include details of the number of illegal juvenile aliens that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.
Subtitle D: Protecting Children From Violence - Part 1: Gun Offenses - Amends the Brady Act to: (1) define the term "act of juvenile delinquency" to mean 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, on or after the date of this subtitle's enactment; and (2) cover adjudications of juvenile delinquency.
(Sec. 1411) Requires an applicant for a license to deal in firearms to certify 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, with an exception. Provides for the revocation of a dealer's license for failure to have available secure gun storage or safety devices.
(Sec. 1412) Enhances penalties for discharging or possessing a firearm during a crime of violence or drug trafficking crime, with exceptions.
(Sec. 1413) Increases penalties for selling, delivering, or otherwise transferring a handgun or ammunition suitable for use only in a handgun to a person known or reasonably believed to be a juvenile. Subjects a person (currently, a person other than a juvenile) who knowingly violates such prohibition to such penalties.
(Sec. 1414) Makes serious juvenile drug offenses predicates to violations of the Armed Career Criminal statute.
(Sec. 1415) Increases penalties for: (1) transferring a firearm to a minor for use in a crime of violence or drug trafficking crime; and (2) firearms conspiracy.
Part 2: Local Gun Violence Prevention Programs - Authorizes the Secretary or the State educational agency to award grants to eligible local educational agencies for the purposes of educating children about preventing gun violence. Sets forth provisions regarding State and local application requirements, including assurances that 90 percent of allotted funds be distributed to local educational agencies, priorities in grant awards, peer review of grant applications, eligible grant recipients, eligible grant recipients, reporting requirements, and authorized activities. Authorizes appropriations.
(Sec. 1422) Directs the Secretary to: (1) include on the Internet site of the Department of Education a description of programs that receive grants; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements.
(Sec. 1423) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to include within a comprehensive drug and violence prevention program carried out by a local educational agency: (1) timely counseling; (2) evaluations of any student who possesses a weapon, or who threatens to bring or use a weapon, on school grounds; and (3) advice to public school students, staff, and administrators after an incident of violence on school grounds.
(Sec. 1424) Directs the Secretary of the Treasury to: (1) expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) facilitate the identification and prosecution of individuals illegally trafficking firearms to prohibited individuals, utilizing information provided by YCGII, and award grants to States, cities, and counties to assist in the tracing of firearms and participation in YCGII.
(Sec. 1425) Amends the Safe Streets Act to require the Director of the Bureau of Justice Assistance, in awarding discretionary grants to public agencies to undertake law enforcement gang-related initiatives, to give priority to a public agency that includes in its application a description of strategies or programs of that agency providing 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.
Part 3: Juvenile Gun Courts - Authorizes the Attorney General to provide grants to States, State and local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Sets forth reporting and evaluation requirements. Authorizes appropriations.
Part 4: Youth Violence Courts - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to award grants and enter into cooperative agreements with States, State, local, and tribal courts, local governments, and Indian tribes to plan, develop, implement, and administer programs to adjudicate and better manage juvenile and youthful violent offenders within State, tribal, and local court systems.
Sets forth provisions regarding application requirements, the Federal share, geographic distribution, and training and technical assistance.
Title II: Combating Gang Violence - Subtitle A: Enhanced Penalties for Gang-Related Activities - Amends the code to: (1) set forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang; and (2) direct the Commission to 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.
(Sec. 2102) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO).
(Sec. 2103) Directs the Commission to provide an appropriate enhancement with respect to any: (1) offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense; and (2) defendant who discharges a firearm during or in relation to any crime of violence or drug trafficking crime.
(Sec. 2105) Sets penalties for arson or bombings at facilities of any institution or organization receiving Federal financial assistance.
(Sec. 2106) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder.
(Sec. 2107) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime.
(Sec. 2108) Increases penalties under RICO for gang and violent crimes. Increases the penalty and broadens the scope of the statute against violent crimes in aid of racketeering.
(Sec. 2110) Removes from the carjacking prohibition the requirement of intent to cause death or serious bodily harm. Amends RICO to provide that it is not necessary to establish that the defendant personally committed an act of racketeering activity to be guilty of conspiracy to violate the Act.
(Sec. 2112) Provides for civil and criminal forfeiture for crimes of violence, racketeering, and obstruction of justice.
(Sec. 2113) Expands the definition of "racketeering activity" under RICO to cover acts or threats occurring solely in Indian country.
(Sec. 2114) Authorizes the Attorney General and the FBI to investigate serial killings in violation of the laws of a State or political subdivision, when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense.
(Sec. 2115) Increases penalties for violence in the course of riot offenses.
(Sec. 2116) Defines "prison" to include privately owned facilities housing Federal prisoners or prisoners who are serving a term of imprisonment under a commitment order from a State other than that in which the penal facility is located.
Subtitle B: Targeting Gang-Related Gun Offenses - Amends the Brady Act to prohibit and set penalties for transferring a firearm having reasonable cause to believe that such firearm will be used to commit a crime of violence or drug trafficking crime.
(Sec. 2201) Increases the penalty for knowingly receiving a firearm with an obliterated serial number.
(Sec. 2202) Directs the Commission to amend the sentencing guidelines to increase the base offense level for certain offenses regarding transfers of firearms to prohibited persons.
(Sec. 2203) Amends the code to provide for the forfeiture of firearms used to commit or facilitate the commission of any crime of violence or Federal felony. Sets forth provisions regarding disposal of forfeited property, the Secretary of the Treasury's authority to seize such property, and a 120-day rule for administrative forfeiture.
Subtitle C: Using and Protecting Witnesses To Help Prosecute Gangs and Other Violent Criminals - Amends the code to prohibit, and set penalties for, traveling in interstate or foreign commerce with intent to engage in witness intimidation or obstruction of justice.
(Sec. 2301) Includes within the definition of: (1) "convicted" a finding that a person has committed an act of juvenile delinquency; and (2) "crime of violence" offenses relating to the possession of explosives or firearms by convicted felons.
Directs the judicial officer, in determining whether conditions of release will reasonably assure the appearance of the person as required and the safety of any other person and the community, to take into account available information including whether the person was a member of or participated in a criminal street gang or racketeering enterprise.
(Sec. 2302) Subjects those who conspire to commit obstruction of justice offenses involving victims, witnesses, and informants to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
(Sec. 2303) Specifies that a code provision regarding bribery of public officials and witnesses (giving or offering anything of value to testify) shall not be construed to apply to an officer or employee of the United States, a State or local government, or any agency thereof, acting in accordance with official duties to investigate or prosecute any criminal or civil law violation, nor shall it be construed to apply to a potential witness who demands, seeks, receives, accepts, or agrees to accept anything of value that may be given, offered, or promised consistent with such provision.
(Sec. 2304) Amends the code and Rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in the investigation of any offense.
(Sec. 2305) Prohibits, and sets penalties for, using physical force or the threat of physical force, or attempts to do so, with intent to withhold testimony, evade legal process, or hinder the communication to a law enforcement officer or judge of information relating to the commission or possible commission of a Federal offense or of conditions of probation, parole, or release pending judicial proceedings.
(Sec. 2306) Expands the Federal kidnapping offense to cover circumstances where the victim's death occurs before crossing a State line and where the mail or a facility in interstate or foreign commerce is used in furtherance of the offense.
(Sec. 2307) Prohibits, and sets penalties for, travel in interstate or foreign commerce to commit any felony crime of violence.
(Sec. 2308) Amends Federal law regarding certain interstate communications (regarding kidnapping and extortion), mailing threatening communications (from within and outside of the United States) to specify that such law covers threats to kill.
(Sec. 2309) Amends a code provision regarding obstruction of criminal investigations to define the term "subpoena for records" to mean a Federal grand jury subpoena or a Department of Justice (DOJ) subpoena for customer records that have been served relating to a violation of, or a conspiracy to violate, the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act, provisions of the Internal Revenue Code regarding returns relating to cash received in trade or business (including cash receipts of more than $10,000), and provisions relating to a Federal health care offense.
(Sec. 2310) Eliminates the proof of value requirement for felony theft or conversion of grand jury material.
Subtitle D: Gang Paraphernalia - Directs a provider of a paging or electronic communication service, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to use a clone pager, to furnish such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the use of the 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.
Sets forth requirements regarding applications for orders for the use of a clone pager and issuance of such orders.
(Sec. 2401) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement for any: (1) offense in which the defendant used body armor; and (2) serious violent felony or serious drug offense in which the defendant possessed a firearm equipped with a laser-sighting device, or possessed a firearm and possessed such a device (capable of being readily attached to the firearm).
(Sec. 2403) Amends the code to require a provider of mobile electronic communication service to provide to a governmental entity information generated by and disclosing, on a real time basis, the physical location of a subscriber's equipment only if such 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.
(Sec. 2404) Revises provisions regarding issuance of an order for a pen register or a trap and trace device to authorize the court, upon application for such order, to 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 E: Grants to Target Gang Crime and Violent Juveniles - Part 1: Grants to Prosecutors' Offices - Amends the VCCLEA to direct the Attorney General to include among uses of community-based justice grants for prosecutors: (1) the hiring of additional prosecutors; (2) funding to enable prosecutors to address drug, gang, and youth violence problems more effectively; (3) funding to assist prosecutors with funding for technology, equipment, and training to assist them in reducing the incidence of and increase the successful identification and speed of prosecution of young violent offenders; and (4) funding to assist prosecutors in their efforts to engage in community prosecution, problem solving, and conflict resolution techniques through collaborative efforts with police, school officials, probation officers, social service agencies, and community organizations.
(Sec. 2511) Authorizes such grants to be made to combinations of State, Indian, and local prosecutors.
(Sec. 2512) Authorizes appropriations.
(Sec. 2513) Earmarks appropriated funds for: (1) training and technical assistance (two percent); and (2) research, statistics, and evaluation (ten percent).
Part 2: High Intensity Interstate Gang Activity Areas - Authorizes the Attorney General: (1) to designate as a high intensity interstate gang activity area a specified area that is located within a State or in more than one State; and (2) in order to provide Federal assistance to a high intensity interstate gang activity area, to facilitate the establishment of a regional task force and to direct the detailing from a Federal department or agency of personnel to such area.
Sets forth criteria for area designation. Authorizes appropriations.
Title III: Combating Violence on the Streets - Subtitle A: More Police Officers on the Beat - Amends the Safe Streets Act to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems.
(Sec. 3102) Authorizes the Attorney General to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 nonemergency telecommunication systems for public safety. Authorizes appropriations from the Fund through FY 2002.
Subtitle B: Violent Offender Incarceration and Truth-in-Sentencing Grants - Amends the VCCLEA to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under such grant program through FY 2002.
Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse.
(Sec. 3301) Amends the Safe Streets Act to redefine "rural State" for purposes of rural domestic and child abuse enforcement assistance to include a State that has a population density of more than 60 persons per square mile.
(Sec. 3302) Amends the interstate domestic violence statute to cover attempts to commit interstate domestic violence and intimidation.
(Sec. 3304) Punishes interstate travel with intent to kill a spouse.
Subtitle D: Assistance to Local Law Enforcement - Amends the Safe Streets Act and the VCCLEA to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants.
Subtitle E: Protecting Federal, State, and Local Law Enforcement Officers and the Judiciary - Amends the code to expand coverage of a provision regarding the protection of U.S. officers and employees to cover killings or attempted killings of: (1) U.S. officers and employees because of the status of the victim as such an officer or employee; and (2) persons assisting who are officers or employees of a State or local government, because of the status of the victim as such an officer or employee.
(Sec. 3501) Increases terms of imprisonment for: (1) assaulting, resisting, or impeding certain officers or employees; and (2) influencing, impeding, or retaliating against a Federal official by threatening a family member.
(Sec. 3503) Sets penalties for mailing threatening communications to a U.S. judge, a Federal law enforcement officer, and specified officers and employees.
(Sec. 3504) Directs the Commission to review and amend the Federal sentencing guidelines and the Commissions policy state, 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 other specified officials.
(Sec. 3505) Extends the Bulletproof Vest Partnership Grant Act of 1998 through FY 2003.
(Sec. 3506) Expands the scope of code provisions regarding the killing of persons aiding Federal investigations or State correctional officers to cover specified persons killed in furtherance of State and joint Federal-State criminal investigations.
(Sec. 3507) Includes within such a provision for a mandatory minimum of 20 years imprisonment, life imprisonment, or death, a circumstance where the incarcerated person is incarcerated pending an initial appearance, arraignment, trial, or appeal for an offense against the United States.
(Sec. 3508) Federal Law Enforcement Officers' Good Samaritan Act of 1998 - Provides that a law enforcement officer shall be construed to be acting within the scope of his or her office or employment if the officer takes reasonable action, including the use of force, that is determined by such officer to be necessary to: (1) protect an individual in the officer's presence from a crime of violence; (2) provide immediate assistance to an individual who has suffered or who is threatened with bodily injury; or (3) prevent the escape of any individual whom the officer reasonably believes to have committed, in his or her presence, a crime of violence.
(Sec. 3509) Amends the code to provide that testimony by Secret Service or former Secret Service personnel regarding information affecting a protectee (defined to include the President, Vice President, President-elect, Vice President-elect, and certain visiting heads of foreign states) that was acquired during the performance of a protective function in physical proximity to the protectee shall not be disclosed in any proceeding, with exceptions.
Subtitle F: Extension of Violent Crime Reduction Trust Fund - Amends the VCCLEA to reauthorize appropriations through FY 2002 for the Fund and to provide for a reduction in discretionary spending limits for FY 2001-2002.
Subtitle G: Punishing Hate Crimes and Protecting Civil Rights - Hate Crimes Prevention Act of 1998 - Amends the code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce.
Directs the Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes.
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of DOJ to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
(Sec. 3701) Amends the code to punish attempted deprivations of civil rights under color of law.
(Sec. 3702) Amends the Hate Crimes Statistics Act to direct the Attorney General, beginning for calendar year 1998, to include data regarding the age of offenders.
(Sec. 3703) Amends the VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes.
Subtitle H: Deterring Cargo Theft - Amends the code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment.
Specifies that 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.
Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner.
Directs: (1) the Commission to amend the Federal sentencing guidelines to promulgate amendments and to provide an appropriate enhancement; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses.
Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.
(Sec. 3803) Amends the code to add attempts to various theft and embezzlement-related prohibitions.
(Sec. 3805) Expands a provision regarding breaking into a post office (including attempts) to include breaking into any post office box or postal stamp vending machine.
(Sec. 3806) Makes provisions regarding transportation, and sale or receipt, of stolen vehicles applicable to vessels.
Subtitle I: Improvements to Federal Criminal Law - Part 1: Sentencing Improvements - Amends the Federal judicial code to direct the Commission to promulgate and distribute to the courts sentencing guidelines and policy statements that are consistent with all pertinent provisions of any Federal statute.
(Sec. 3911) Doubles the maximum penalty for voluntary manslaughter.
(Sec. 3912) Authorizes imposition of both a fine and imprisonment rather than only either penalty for contempt and for destruction of letter boxes or mail.
(Sec. 3913) Adds a supervised release violation as a predicate for specified offenses.
(Sec. 3914) Authorizes the court to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases where it finds extraordinary and compelling reasons warrant a reduction or the defendant is at least age 70, has served at least 30 years imprisonment, and meets other specified criteria.
(Sec. 3915) Doubles the penalty for attempting or conspiring to commit murder or kidnapping in aid of racketeering activity.
Part 2: Additional Improvements to Federal Criminal Law - Prohibits, and sets penalties for, false advertising or misuse of name to indicate the United States Marshals Service.
(Sec. 3921) Includes among offenses committed within Indian country a felony involving willful and malicious destruction of, or attempts to destroy, buildings or property within the special maritime and territorial jurisdiction of the United States.
(Sec. 3922) Revises the Amber Hagerman Child Protection Act of 1996 to prohibit and set penalties for (currently, crossing a State line with intent to engage in a sexual act with a person under age 12), in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engaging in a sexual act with another person who has attained age 12 but not age 16 and is at least four years younger than the person so engaging.
(Sec. 3923) Eliminates the "with intent to do bodily harm" element in the assault with a dangerous weapon offense.
(Sec. 3924) Provides that in a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment as to any one or more counts (as under current law) or any part thereof, with a double jeopardy exception.
(Sec. 3925) Authorizes injunctive relief against disposal of gains from violations of fraud statutes.
(Sec. 3926) Expands the interstate travel fraud statute to cover interstate travel by the perpetrator.
(Sec. 3928) Provides that if the value of property embezzled, stolen, or otherwise converted or misapplied in connection with a health care benefit program does not exceed $1,000 (currently, $100) the defendant shall be fined, imprisoned for up to one year, or both.
(Sec. 3929) Expands jurisdiction over child buying and selling offenses.
(Sec. 3930) Includes assault as a predicate offense under RICO.
(Sec. 3931) Limits the application of wiretap order disclosure provisions to an aggrieved party.
(Sec. 3932) Makes technical corrections to the code and the Economic Espionage Act of 1996.
Changes fine amounts under various provisions of the code and CSA.
Title IV: Preventing Juvenile Crime - Subtitle A: Grants to Youth Organizations - Authorizes the Attorney General to make grants to States, Indian tribes, and national or statewide nonprofit organizations in crime prone areas to: (1) provide constructive activities to youth during nonschool hours; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education; (4) support police officer training, salaries, and educational materials to expand D.A.R.E. America's middle school campaign; or (5) provide constructive activities to youth in a safe environment through parks and other public recreation areas.
(Sec. 4002) Sets forth provisions regarding: (1) application requirements by national organizations and States; (2) allocations and grant limitations; and (3) report and evaluation.
(Sec. 4006) Authorizes appropriations.
Subtitle B: "Say No to Drugs" Community Centers Act of 1998 - Say No to Drugs Community Centers Act of 1998 - Authorizes the Attorney General to make grants to certain approved recipients to provide the following services to youth during after-school hours or summer vacations: (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 preventive health care; (5) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs, as well as grant allocation and reallocation requirements.
(Sec. 4203) Authorizes appropriations.
Subtitle C: Missing and Exploited Children - Amends the Missing Children's Assistance Act to direct that: (1) the national resource center and clearinghouse provide to foreign (currently, limited to State and local) governments information regarding programs and services to benefit or assist missing children and their families; and (2) the Administrator of the Office of Juvenile Justice and Delinquency Prevention periodically conduct national incidence studies (as under current law) either by making grants to or entering into contracts with public or nonprofit private agencies.
Subtitle D: Reauthorization of Incentive Grants for Local Delinquency Prevention Programs - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to: (1) reauthorize appropriations through FY 2003 for incentive grants for local delinquency prevention programs; and (2) direct that, of amounts made available by appropriations for such programs, two percent be used for training and technical assistance, and ten percent for research, statistics, and evaluation.
Subtitle E: Reauthorization of the Runaway and Homeless Youth Act - Reauthorizes appropriations for the Runaway and Homeless Youth Act through FY 2003.
Subtitle F: Authorization of Anti-Drug Abuse Programs - Amends the Anti-Drug Abuse Act of 1988 to reauthorize appropriations through FY 2003 for drug education and prevention relating to youth gangs, and for runaway and homeless youth.
Subtitle G: Jump Ahead Act of 1998 - JUMP Ahead Act of 1998 - Amends the JJDPA with respect to juvenile mentoring grants. Specifies goals for the grant program and limits the amount and duration of grants. Authorizes appropriations.
(Sec. 4704) Authorizes the Administrator to make youth mentoring program implementation and evaluation grants to national organizations or agencies serving youth. Authorizes appropriations.
(Sec. 4705) Directs the Attorney General to: (1) contract with an evaluating organization for an ongoing evaluation of the programs and activities assisted under this Act or under JJDPA; (2) establish minimum criteria for evaluating such programs and activities; and (3) annually designate a program or activity assisted under this Act as the Juvenile Mentoring Program of the Year.
Requires: (1) each grant recipient under this Act or under JJDPA to report annually to the evaluating organization on any program or activity so assisted; and (2) a report to the Congress evaluating such grants.
Subtitle H: Truancy Prevention - Truancy Prevention and Juvenile Crime Reduction Act of 1998 - Directs the Attorney General to make grants to eligible partnerships of local governmental units and local educational agencies to reduce truancy and the incidence of daytime juvenile crime.
Sets forth provisions regarding maximum grant awards, allocation of such awards, and grant renewal.
Authorizes the use of grant amounts to comprehensively address truancy through: (1) parental involvement in prevention activities; (2) sanctions; (3) parental accountability; (4) in-school truancy prevention programs; (5) involvement of local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations; (6) technology; or (7) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year.
Authorizes the Attorney General to give priority to funding programs that attempt to replicate specified model programs.
Subtitle I: Juvenile Crime Control and Delinquency Prevention Act - Juvenile Crime Control and Delinquency Prevention Act of 1998 Amends the JJDPA to: (1) find that the juvenile crime problem should be addressed through a two-track approach by promoting quality prevention programs and programs that assist in holding juveniles accountable for their actions; (2) include as a purpose to support State and local programs that prevent juvenile involvement in delinquent behavior; and (3) define "violent crime" as murder or non-negligent manslaughter, forcible rape, or robbery, or aggravated assault committed with the use of a firearm.
(Sec. 4905) Redesignates the Office of Juvenile Justice and Delinquency Prevention as the Office of Juvenile Crime Control and Delinquency Prevention.
(Sec. 4906) Modifies provisions of the Act regarding concentration of Federal effort to repeal the requirements that the Administrator of the Office develop for each fiscal year a comprehensive plan of activities and that each Federal agency administering a Federal juvenile delinquency program submit annually a juvenile delinquency development statement.
(Sec. 4907) Eliminates certain allocations of funds to the Trust Territory of the Pacific Islands.
(Sec. 4908) Modifies Act requirements regarding State plans. Provides that the advisory group shall consist of the State attorney general or such other State official who has primary responsibility for overseeing the enforcement of State criminal laws. Requires State plans to: (1) contain plans for providing needed services for the prevention and treatment of juvenile delinquency in rural areas, mental health services to juveniles in the juvenile justice system, and gender-specific services for the prevention and treatment of juvenile delinquency; and (2) provide for the coordination and maximum utilization of existing juvenile delinquency programs, programs operated by private agencies, and other related programs in the State.
Requires such plans to provide that not less than 75 percent of the funds available to the State be used for specified purposes, including: (1) programs that assist in holding juveniles accountable for their actions; (2) expanded use of probation officers; (3) boot camps for juvenile offenders; (4) other activities (such as court-appointed special advocates) that the State determines will hold juveniles accountable for their acts and decrease juvenile involvement in delinquent activities; (5) 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 (6) programs designed to prevent and reduce hate crimes committed by juveniles.
Revises State plan requirements regarding limits on the placement of juveniles in secure detention or correctional facilities, juvenile contact with adults incarcerated or awaiting trial on criminal charges, and juvenile detention or confinement in adult jails and lockups.
Modifies State plan requirements to allow juveniles to be housed in adult facilities for up to 48 (currently, 24) hours before their initial court appearance.
(Sec. 4909) Revises the Juvenile Delinquency Prevention Block Grant Program by: (1) repealing provisions governing grants for the National Institute for Juvenile Justice and Delinquency Prevention, gang-free schools and communities, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice; and (2) authorizing the Administrator to make grants under the Juvenile Delinquency Block Grant Program to eligible States for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency. Includes among such projects: (1) projects that assist in holding juveniles accountable for their actions; (2) projects that provide treatment to juvenile offenders who are victims of child abuse or neglect; (3) education projects or supportive services for delinquent or other juveniles; (4) projects which expand the use of probation officers; (5) one-on-one mentoring projects; (6) community-based projects which work with juvenile offenders and their family members; (7) substance abuse programs; (8) postsecondary education and training projects; (9) projects designed to prevent or reduce gang participation; (10) employment and job training referral projects; (11) delinquency prevention activities; and (12) family strengthening activities. Directs that funding be allocated among eligible States so that .75 percent shall be allocated to each State, with the remainder allocated as follows: (1) 50 percent based on each State's relative population under 18 years of age; and (2) 50 percent based on each State's three year annual average number of arrests of juveniles for serious crimes. Prohibits the Administrator from approving a grant application for a fiscal year unless: (1) the State submitted a plan, which is approved by the Administrator, for such fiscal year; or (2) the Administrator waives this requirement to such State for such fiscal year after finding good cause.
Includes among the eligible entities for which a State receiving a grant shall give special consideration for a local grant those entities that represent communities that have a comprehensive plan designed to identify at-risk juveniles and to prevent or reduce juvenile delinquency and that meet other specified requirements.
(Sec. 4910) Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including making agreements with: (1) the National Institute of Justice or another Federal agency to conduct research and evaluation relating to juvenile delinquency; and (2) the Bureau of Justice Statistics (BJS) or another Federal agency to undertake statistical work in juvenile justice matters.
Permits Federal agencies to carry out such agreements directly or by making grants to or contracts with public and private agencies, institutions, and organizations.
(Sec. 4911) Authorizes the Administrator to make grants to and contracts with States, local governmental units, Indian tribal governments, public and private agencies, organizations, and individuals to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. Authorizes technical assistance for such grants. Sets forth provisions regarding eligibility and reports.
(Sec. 4912) Authorizes appropriations for specified programs under such Act for FY 1998 through 2001.
(Sec. 4914) Amends the Act to prohibit the use of funds for: (1) the cost of facility construction, except that up to 15 percent of funds from a State's allocation may be used for replacement or renovation of juvenile facilities; or (2) advocacy or support for the unsecured release of juveniles charged with violent crime.
(Sec. 4917) Authorizes the Administrator to: (1) receive surplus Federal property and lease such property to States and units of local government for use in or as facilities for juveniles offenders, or for use in or as facilities for delinquency prevention and treatment activities; and (2) issue rules that establish procedures and methods for making grants and contracts, and distributing funds available, to carry out the Act.
Title V: Drug Testing and Intervention - Subtitle A: Combating Drugs in Prisons - Combating Drugs in Prisons Act of 1998 - Amends the VCCLEA to require that States, by September 1, 1999, to be eligible for the use of funds under the violent offender incarceration and truth-in-sentencing incentive grant programs, have established and implemented a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and criminal justice supervision, with sanctions for positive drug tests.
(Sec. 5003) Amends the Safe Streets Act to authorize each State that demonstrates that it has established one or more residential substance abuse treatment programs that meet specified requirements to use residential substance abuse treatment grant funds for drug treatment and to impose appropriate sanctions for positive drug tests, both during incarceration and after release.
Subtitle B: Protecting Children From Dangerous Drugs - Part 1: Targeting Serious Drug Crimes - Amends the CSA to increase penalties for: (1) using minors to distribute drugs; (2) distributing drugs to minors; (3) drug trafficking in or near a school or other protected location; and (4) using Federal property to grow or manufacture controlled substances.
(Sec. 5106) Amends the CSA to require a specified period of supervised release after a conviction for engaging in a continuing criminal enterprise.
Part 2: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program.
Part 3: Drug Treatment for Juveniles - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years.
Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results.
Part 4: Rescheduling Dangerous Drugs - Directs the Attorney General to add ketamine hydrochloride to schedule III of the CSA.
(Sec. 5113) Grants the Attorney General authority to temporarily reschedule a previously scheduled substance to avoid an imminent public safety hazard.
Subtitle C: Drug Courts - Repeals provisions of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, which repealed drug court provisions of the Safe Streets Act.
Amends the Safe Streets Act, as amended by the Bulletproof Vest Partnership Grant Act of 1998, to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems).
Authorizes the Attorney General to make grants to States, State courts, local courts and governments, 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 related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the Attorney General to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the Attorney General. Requires the Attorney General to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the Attorney General from grant recipients. Authorizes the Attorney General to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund through FY 2002.
Subtitle D: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction).
Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs.
Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register.
Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary.
Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug.
Authorizes appropriations for FY 1998 through 2000.
Subtitle E: National Drug Control Policy - Part 1: Reauthorization of Office of National Drug Control Policy - Establishes in the Executive Office of the President an Office of National Drug Control Policy, headed by a Director. Establishes in the Treasury a fund for the receipt of gifts to aid or facilitate the Office's work.
(Sec. 5403) Sets forth provisions regarding the appointment and duties of the Director and Deputy Directors, and regarding coordination with National Drug Control Program agencies in demand and supply reduction, and State and local affairs.
(Sec. 5405) Directs the President to submit to the Congress, by: (1) February 1, 1998, a National Drug Control Strategy, setting forth a comprehensive plan covering a period of up to ten years, for reducing drug abuse and its consequences in the United States by limiting the availability of, and reducing the demand for, illegal drugs; and (2) February 1, 1999, and February 1 of each year thereafter, a report of the progress in implementing the Strategy.
Requires the Director to submit to the Congress, by: (1) February 1, 1998, a description of a national drug control performance measurement system; and (2) February 1, 1999, a modified performance measurement system.
(Sec. 5406) Establishes within the Office: (1) the High Intensity Drug Trafficking Areas Program; and (2) the Counter-Drug Technology Assessment Center.
(Sec. 5408) Establishes: (1) the President's Council on Counter-Narcotics; and (2) the Parents Advisory Council on Youth Drug Abuse. Authorizes appropriations for the latter.
(Sec. 5410) Requires the Director to submit to the Congress and to each Federal drug control program agency a report on drug interdiction.
(Sec. 5411) Expresses the sense of the Congress that the President should discuss with the democratically elected governments of the Western Hemisphere the prospect of forming a multilateral alliance to address problems relating to international drug trafficking in the Western Hemisphere.
Directs the President to seek the in put of such governments on the possibility of forming structures within the alliance to: (1) develop a regional, multilateral strategy to address the threat posed to nations in the Western Hemisphere by drug trafficking; and (2) establish a new mechanism for improving multilateral coordination of drug interdiction and drug-related law enforcement activities in the Western Hemisphere. Requires the President to report to the Congress on the proposal discussed.
(Sec. 5414) Authorizes appropriations.
(Sec. 5415) Terminates the Office on September 30, 2002, with an exception.
Part 2: State Initiatives - Requires the Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances, and to report to the Congress. Authorizes appropriations.
Subtitle F: Improving Effectiveness of Youth Crime and Drug Prevention Efforts - Directs the Attorney General to enter into a contract with a public or nonprofit private entity to conduct a study or studies to: (1) evaluate the effectiveness of federally funded programs for preventing youth violence and substance abuse, and for preventing criminal victimization of juveniles; (2) identify specific Federal programs and programs that receive Federal funds that contribute to reductions in youth violence and substance abuse, and risk factors among youth that lead to such behavior and abuse, and specific programs that have not achieved their intended results; and (3) make recommendations.
Directs the Attorney General to request the National Academy of Sciences to contract to conduct such study or studies. Sets forth reporting requirements. Authorizes appropriations.
(Sec. 5502) Directs the Attorney General to provide for comprehensive and thorough evaluation of crime prevention programs.
(Sec. 5503) Requires evaluations and research studies to be independent, and employ rigorous and scientifically recognized standards and methodologies.
(Sec. 5504) Authorizes the Attorney General to require the recipients of Federal assistance to collect, maintain, and report information relevant to such evaluations, and to conduct and participate in specified evaluation and assessment activities.
(Sec. 5505) Directs the Attorney General to reserve specified sums for evaluation and research.
(Sec. 5506) Expresses the sense of the Senate that programs identified in the study as being ineffective should not received Federal funding.
Title VI: Criminal History Records - Subtitle A: National Criminal History Access - National Crime Prevention and Privacy Compact Act of 1998 - Enacts into law, and grants congressional consent to States to enter into, the National Crime Prevention and Privacy Compact as set forth in this Act.
(Sec. 6006) Directs: (1) all departments, agencies, officers, and employees of the United States to enforce the Compact and cooperate with one another and with all party States (i.e., States that have ratified the Compact) in enforcing the Compact and effectuating its purposes; and (2) the Attorney General to make such rules and take other necessary actions to carry out the Compact and this title.
(Sec. 6007) Sets forth the Compact, which organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment. Specifies that the FBI and the contracting parties agree to maintain detailed databases of their respective criminal history records and to make them available to the Federal Government and to party States for authorized purposes. Provides that the FBI shall manage the Federal data facilities that provide a significant part of the infrastructure for the system.
Sets forth provisions regarding: (1) the purposes of the Compact; (2) the responsibilities of Compact parties; (3) compliance with Interstate Identification Index System (III System) standards (i.e., the cooperative Federal-State system for the exchange of criminal history records); and (4) maintenance of record services.
Requires, to the extent authorized by the Privacy Act of 1974: (1) the FBI to provide upon request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks; and (2) the FBI and State criminal history record repositories to provide such records to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal executive order, or a State statute that has been approved by the Attorney General, that authorizes such checks.
Specifies that any record obtained under the Compact may be used only for the official purposes for which the record was requested. Directs that each Compact officer establish procedures to protect the accuracy and privacy of the records.
Requires that: (1) subject fingerprints or other approved forms of positive identification be submitted with all requests for criminal history record checks for noncriminal justice purposes; and (2) each request for a criminal history record check utilizing the national indices made under any approved State statute be submitted through that State's criminal history record repository which shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.
Sets forth provisions regarding procedures for the submission of Federal requests, fees, and additional searches.
Establishes the Compact Council, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the System for criminal justice purposes.
Sets forth provisions regarding Compact ratification, renunciation, severability, and dispute adjudication.
Subtitle B: State Grant Program for Criminal Justice Identification, Information, and Communication - Crime Identification Technology Act of 1998 - Directs the Attorney General, through the BJS, to make a grant to each State to be used in conjunction with local governments, State and local courts, and other States to establish or upgrade an integrated approach to develop information and identification technologies and systems to: (1) upgrade criminal history and criminal justice record systems; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for criminal justice purposes, firearms eligibility determinations, identification of sexual offenders and domestic violence offenders, and background checks for other authorized purposes; and (4) capture information for statistical and research purposes to improve criminal justice administration.
Sets forth permissible grant uses, such as for programs to establish, develop, update, or upgrade: (1) State centralized, automated, adult and juvenile criminal history record information systems; (2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the FBI's Integrated Automated Fingerprint Identification System; (3) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network; and (4) DNA programs for forensic and identification purposes.
Requires a State, to be eligible to receive such a grant, to provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under the Brady Act.
Authorizes appropriations. Limits the percentage of funds that may be used for salaries and administrative expenses and for technical assistance, training and evaluations, and BJS-commissioned studies. Requires the Attorney General to ensure the amounts are distributed on an equitable geographic basis.
Authorizes the Attorney General to use amounts made available under this Act to make grants to Indian tribes for use in accordance with the Act.
Title VII: Enhancement of Rights and Protections for Victims of Crime - Subtitle A: Crime Victims Assistance - Part 1: Protection of Crime Victims' Rights - Subpart A: Amendments to Title 18, United States Code - Amends the code to require that, in any case involving a defendant who is arrested for an offense involving death or bodily injury to any person, a threat of death or bodily injury, or a sexual assault or attempted sexual assault (listed offenses) in which a detention hearing is scheduled: (1) the Government make a reasonable effort to notify the victim of the hearing and of the victim's right to be heard on the issue of detention; and (2) the court, at such hearing, inquire of the Government as to whether notification efforts were successful and whether the victim wishes to be heard and, if so, afford the victim such opportunity.
(Sec. 7112) Includes among the factors which a judge shall consider in determining whether to grant a continuance 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. 7113) Requires the probation officer, prior to submitting the presentence report, to provide notice to all identified victims of their right to attend the sentencing hearing and to make a statement to the court at the sentencing hearing.
(Sec. 7114) Amends the Victims' Rights and Restitution Act of 1990 to require, after trial, a responsible official to provide a victim the earliest possible notice of the escape, work release, furlough, or any other form of release of an offender from a psychiatric institution or other facility that provides mental health services to offenders.
Subpart B: Amendments to Federal Rules of Criminal Procedure - Amends rule 11 of the Federal Rules of Criminal Procedure (FRCrP) to require that, in any case involving a defendant who is charged with a listed offense: (1) the Government, prior to a hearing at which a plea of guilty or nolo contendere is entered, make a reasonable effort to notify the victim of the date and time of the hearing and of the victim's right to attend the hearing and to address the court; and (2) if the victim attends, the court, before accepting a plea of guilty or nolo contendere, afford the victim an opportunity to be heard on the proposed plea agreement.
Authorizes the court, in cases involving more than 15 victims and after consultation with the Government and the victims, to appoint a number of victims to serve as representatives of the victims' interests.
(Sec. 7122) Amends FRCrP 32 and 32.1 to provide for enhanced rights of notification and allocution at sentencing and at a probation revocation hearing.
Subpart C: Amendment to Federal Rules of Evidence - Amends rule 615 of the Federal Rules of Evidence (FRE) to provide that such rule does not authorize exclusion of a person who is a victim of a listed offense for which a defendant is being tried in a criminal trial unless the court concludes that: (1) the testimony of the person will be materially affected by hearing the testimony of other witnesses, and the material effect of hearing the testimony of other witnesses on the testimony of that person will result in unfair prejudice to any party; or (2) due to the large number of victims or family members of victims who may be called as witnesses, permitting attendance in the courtroom itself when testimony is being heard is not feasible.
Directs the Judicial Conference of the United States to submit to the Congress reports containing recommendations for amending: (1) the FRCrP to provide enhanced opportunities for victims of listed offenses to be heard on the issue of whether or not the court should accept a plea of guilty or nolo contendere and to participate during the presentencing phase of the criminal process, and to ensure that reasonable efforts are made to notify victims of such offenses of revocation hearings; and (2) the FRE to provide enhanced opportunities for victims of listed offenses to attend judicial proceedings, even if they may testify as a witness at the proceeding. Sets forth provisions regarding congressional action on such reports.
Subpart D: Exceptions - Makes the rights promulgated by subparts A, B, and C inapplicable to any case in which the court reasonably believes that: (1) the defendant has cooperated with the Government in other proceedings against the victim or persons acting in concert with the victim; or (2) available evidence raises a significant expectation of physical violence or other retaliation by the victim against the defendant.
Subpart E: Remedies for Noncompliance - Specifies that any failure to comply with any amendment made by this Act shall not give rise to a claim for damages, or any other action against the United States, 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.
Directs the Attorney General and the Chairman of the United States Parole Commission to promulgate regulations to carry out this title.
Subpart F: Victims of Fraud - Directs the Attorney General to promulgate regulations to implement and enforce this part and the amendments made by this part with respect to natural persons against whom a defendant has been charged with committing fraud.
Part 2: Assistance to Victims of Federal, State, and Local Crime - Authorizes appropriations to enable the Attorney General to: (1) hire 50 full-time or full-time equivalent employees to serve victim-witness advocates to provide assistance to victims of any criminal offense investigated by any department or agency of the Federal Government; and (2) provide grants through the Office of Victims of Crime (the Office) to qualified private entities to fund 50 victim-witness advocate positions within those organizations.
(Sec. 7202) Authorizes the use of sums collected under the False Claims Act to be used by the Office to make grants to States, 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 crime victims.
(Sec. 7203) Amends the VCCLEA to authorize to the Office such sums as necessary for grants to State and local prosecutors' offices, State courts, county jails, 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. Allows sums collected under the False Claims Act to be used for such grants. Authorizes the use of sums from the Violent Crime Reduction Trust Fund for such grants.
(Sec. 7204) Directs the Attorney General, acting through the Director of the Office, to establish and carry out a program to provide for pilot programs to establish and operate Victim Ombudsman Information Centers in Massachusetts, South Dakota, Tennessee, Washington, and Wisconsin.
(Sec. 7205) Amends the Victims of Crime Act of 1984 to: (1) provide for the deposit into the Crime Victims Fund of any gifts, bequests, and donations from private entities or individuals; (2) direct that certain unobligated balances transferred to the judicial branch for administrative costs be returned to the Fund and be used by the Director of the Office to improve services for crime victims in the Federal criminal justice system; (3) require States that receive supplemental funding to respond to incidents of terrorism or mass violence to return to the Fund for deposit in the reserve fund, amounts subrogated to the State as a result of third-party payments to victims; (4) increase the percentage of amounts awarded by the Director to an eligible crime victim compensation program; (5) require the Director to make grants for training and technical assistance that address the significance of and effective delivery strategies for providing long-term psychological care; and (6) make funds available to the Director for fellowships and clinical internships, and to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects.
(Sec. 7206) Directs that a specified statute not be construed to prohibit a recipient from using funds derived from a source other than the Legal Services Corporation to provide related legal assistance to any person with whom an alien has a relationship covered by the domestic violence laws of the State in which the alien resides or in which an incidence of violence occurred.
(Sec. 7207) Authorizes the use of funds collected under the False Claims Act by the Office to make grants to States, units of local government, and qualified private entities for the establishment of pilot programs that implement balanced and restorative justice models.
Subtitle B: Crime Victims With Disabilities Awareness Act - Crime Victims With Disabilities Awareness Act - Directs the Attorney General to: (1) conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of such crimes; (2) consider contracting with the Committee on Law and Justice of the National Academy of Sciences' National Research Council to provide research for such study; (3) report study results to specified congressional committees; and (4) include, as part of each National Crime Victim's Survey, statistics relating to the nature of crimes against individuals with developmental disabilities and the specific characteristics of the victims of those crimes.
Subtitle C: Victims of Juvenile Crimes - Directs the Attorney General to establish guidelines for States' programs receiving grants for the establishment of juvenile gun courts to require, as appropriate under applicable State or local laws or rules, that: (1) prior to disposition of adjudicated juvenile delinquents, victims (or in appropriate cases, their official representatives) be provided the opportunity to make a statement to the court in person or to present any information in relation to the disposition; (2) victims of the juvenile adjudicated delinquent be given notice of the disposition; and (3) restitution to victims may be ordered as part of the disposition of adjudicated juvenile delinquents.
Title VIII: Combating Money Laundering - Money Laundering Enforcement Act of 1998 - Amends the code to provide for civil forfeiture for engaging in monetary transactions in property derived from specified unlawful activity and for conducting or certain other involvement in an illegal money transmitting business.
Specifies that, regarding the prohibition of an illegal money transmitting business, it shall be sufficient for the Government to prove that the defendant knew that the business lacked a license required by State law, but it shall not be necessary to show that the defendant knew that the operation of such business without a license was an offense punishable as a felony or misdemeanor under State law.
(Sec. 8003) Authorizes the Attorney 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 the code or under the CSA, to apply to any Federal judge or magistrate judge in the district where the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, with extensions for good cause.
(Sec. 8004) Directs that a claimant's refusal to provide financial records located in a foreign country in response to a discovery request or to take action necessary to make the records available in a civil forfeiture case, or in certain ancillary proceedings in a criminal forfeiture case under the CSA, shall result in the dismissal of the claim with prejudice if: (1) the financial records may be material to any claim or the ability of the Government to respond to such claim or, in a civil forfeiture case, to the Government's ability to establish the forfeitability of the property; and (2) it is within the claimant's capacity to waive his or her rights under such secrecy laws or to obtain the financial records himself or herself so that the records may be made available.
(Sec. 8005) Grants the U.S. district courts jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, that commits an offense under civil money laundering provisions involving a financial transaction that occurs in the United States, subject to specified requirements. Authorizes the court to 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 such provisions.
(Sec. 8006) Includes a foreign bank within the definition of "financial institution."
(Sec. 8007) Expands the definition of "specified unlawful activity" to cover specified offenses, including, with respect to a financial transaction occurring in the United States, an offense against a foreign nation involving: (1) any act or acts constituting a crime of violence; (2) fraud committed against a foreign government; (3) bribery of a public official; (4) smuggling or export control violations involving munitions listed in the United States Munitions List or technologies with military applications; and (5) an offense under which the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within U.S. territory.
Includes within such activity an offense relating to goods falsely classified, unlawful importation of firearms, firearms trafficking, computer fraud and abuse, any felony violation of the Foreign Agents Registration Act of 1938, and Clean Air Act violations.
(Sec. 8008) Amends the criminal code to: (1) provide for criminal forfeiture for money laundering conspiracies; and (2) authorize a party to request the Clerk of the Court in the district in which a proceeding for civil or criminal forfeiture is pending to issue a subpoena to a financial institution to produce documents.
(Sec. 8011) Amends the Federal judicial code to: (1) prohibit any person who purposely evades the jurisdiction of a U.S. court in which a criminal case is pending against such person from using the resources of the U.S. courts to further a claim in any related civil forfeiture action or in any third-party proceeding in any related criminal forfeiture action; and (2) provide for the admissibility of foreign business records.
(Sec. 8013) Amends the criminal code to permit: (1) a person who commits multiple violations of money laundering provisions that are part of the same scheme or continuing course of conduct to be charged in a single count; (2) a prosecution for a money laundering offense to 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, with an exception; and (3) the interception of wire, oral, or electronic communications where there is a violation of provisions dealing with the reporting and illegal structuring of currency transactions.
(Sec. 8016) Provides criminal penalties for violations of anti-money laundering orders.
(Sec. 8017) Amends the code to authorize the disclosure of the contents of a communication by a person or entity providing electronic communication, or remote computing, service to the public, to a supervisory (currently limited to a law enforcement) agency, if such contents appear to pertain to the commission of the crime, or to reveal a suspicious transaction relevant to a possible violation of law or regulation.
(Sec. 8018) Defines "State," as used in the International Banking Act of 1978, to include a U.S. commonwealth, territory, or possession.
(Sec. 8020) Extends U.S. jurisdiction over certain financial crimes committed abroad.
Title IX: Combating International Crime - Subtitle A: Investigating and Punishing Violent Crimes Against United States Nationals Abroad - Amends the code to prohibit, and set penalties for: (1) extortion committed against U.S. nationals abroad in furtherance of organized crime; and (2) murder or serious assault of a State or local official abroad.
Subtitle B: Denying Safe Havens to International Criminals - Establishes procedures for extradition for specified serious offenses not covered by treaty.
(Sec. 9104) Grants the Attorney General authority, with respect to a person being held in custody in a foreign country based upon a violation of the law in that country, where the person is found extraditable to the United States by competent authorities of that country, to: (1) request the temporary transfer of that person to the United States to proceed with their prosecution in a Federal or State criminal proceeding; (2) maintain the custody of that person while in the United States; and (3) return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence.
(Sec. 9106) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country.
Subtitle C: Seizing and Forfeiting the Assets of International Criminals - Amends the code to provide for the forfeiture of: (1) proceeds of foreign crimes; (2) property used to commit drug crimes abroad; and (3) property used to violate Federal explosives laws.
(Sec. 9202) Amends the CSA to grant the court authority to order convicted criminals to return property located abroad.
(Sec. 9203) Amends the Federal judicial code to establish procedures for U.S. enforcement of foreign forfeiture judgments.
(Sec. 9204) Increases civil and criminal penalties under the International Emergency Economic Powers Act.
(Sec. 9205) Amends the Trading with the Enemy Act to cover attempted violations.
Subtitle D: Responding to Emerging International Crime Threats - Part 1: Computer and High-Tech Crime - Amends the code to authorize the interception of wire, oral, or electronic communications, when such interception may provide or has provided evidence of a felony violation of provisions relating to computer fraud and attacks on computer systems.
(Sec. 9311) Allows a governmental entity to require the disclosure by a provider of a remote computing service of the contents of an electronic record in networked electronic storage if the person who created the record is accorded the same protections that would be available if the record had remained in that person's possession, subject to specified requirements.
Part 2: Enhancing Antiterrorism Laws - Amends the Antiterrorism and Effective Death Penalty Act of 1996 to extend the effective date of provisions regarding compensation of victims of terrorism through October 1, 1999.
(Sec. 9321) Amends the code to revise the definition of: (1) "biological agent" to mean any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance; (2) "toxin" to mean the toxic material or product of plants, animals, microorganisms, or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production; and (3) "vector" to mean a living organism or molecule, including a recombinant or synthesized molecule capable of carrying a biological agent or toxin to a host.
(Sec. 9322) Includes threats to use chemical weapons within the prohibition against the use of such weapons.
Subtitle E: Promoting Global Cooperation in the Fight Against International Crime - Expands a code provision authorizing the sharing of proceeds of joint forfeiture operations with cooperating foreign agencies to cover situations where property is civilly or criminally forfeited under any provision of Federal law.
(Sec. 9402) Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter pursuant to a treaty, convention, or executive agreement for mutual legal assistance between the United States and that government, the execution of which requires or appears to require the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of: (1) any of the districts in which persons who may be required to appear to testify or produce evidence or information reside or are found, or in which evidence or information to be produced is located; or (2) the United States District Court for the District of Columbia. Grants such judge or judge magistrate authority to issue those orders necessary to execute the request.
(Sec. 9403) Modifies provisions regarding custody and return of foreign witnesses to grant the Attorney General authority, if the testimony of a person who is serving a sentence, in pretrial detention, or otherwise being held in custody in the United States, is needed in a foreign criminal proceeding, to: (1) temporarily transfer that person to the foreign country for the purpose of giving testimony; (2) transport that person from the United States in custody; (3) make appropriate arrangements for custody for that person while outside the United States; and (4) return that person in custody to the United States from the foreign country.
Sets forth provisions regarding the return of persons transferred, the applicability of international agreements, and rights of persons transferred.
(Sec. 9404) Amends the judicial code to grant the Attorney General discretionary authority to make payments from the Department of Justice Assets Forfeiture Fund to return forfeited property repatriated to the United States by a foreign government under specified circumstances.
Subtitle F: Streamlining the Investigation and Prosecution of International Crimes in United States Courts - Authorizes the Attorney General to obligate, as necessary expenses, from any appropriate appropriation account available to DOJ in FY 1999 or any fiscal year thereafter, the cost of reimbursement to State or local law enforcement agencies for translation services and related expenses, including transportation expenses, in cases involving extradition or requests for mutual legal assistance from foreign governments.
(Sec. 9502) Expands a code provision regarding war crimes to make such provision applicable if the perpetrator is found in the United States after the crime is committed, or the crime occurs within the United States.
(Sec. 9503) Authorizes the Attorney General to determine that, if a person located outside the United States is requested by a magistrate judge or Federal law enforcement officer to appear and provide testimony or answer questions in the United States in connection with any Federal or State criminal matter, the person shall not be subject to service of process, or be detained or subjected to any restriction of personal liberty, by reason of any acts or convictions that preceded the departure of that person from the foreign jurisdiction.
(Sec. 9504) Prohibits fugitives from benefiting from time served abroad.
(Sec. 9505) Suspends the statute of limitations for the collection of evidence located abroad.
(Sec. 9507) Provides that whoever, while serving with, employed by, or accompanying the armed forces outside the United States, engages in conduct which would constitute an offense punishable by imprisonment for more than one year if engaged in within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment.
Authorizes the Secretaries of Defense and Transportation to designate and authorize any person serving in a law enforcement position in the Department of Defense and the Department of Transportation when the Coast Guard is not operating as part of the Navy to arrest outside the United States any such person who there is probable cause to believe engaged in conduct which constitutes a criminal offense under this section. Provides for the delivery of such individual to the appropriate authorities of the foreign country.
Title X: Strengthening the Air, Land, and Sea Borders of the United States - Subtitle A: Violence Committed Along United States Borders - Amends the code to provide felony punishment for violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements, including conspiracy and reckless endangerment.
Subtitle B: Strengthening Maritime Law Enforcement Along United States Borders - Provides sanctions for failure to heave to, obstructing a lawful boarding, and providing false information to a Federal law enforcement officer during a boarding of a vessel. Authorizes the seizure and forfeiture of a vessel used in violation of this subtitle.
(Sec. 11002) Sets a $25,000 civil penalty for failure to comply with a lawful boarding, obstruction of boarding, or providing false information.
(Sec. 11003) Amends the Tariff Act of 1930 to include within the definition of "authorized place," with respect to a vessel or vehicle, a location in a foreign country at which U.S. customs officers are permitted to conduct inspections, examinations, or searches.
Subtitle C: Smuggling of Contraband and Other Illegal Products - Amends the code to prohibit, and set penalties for: (1) fraudulently or knowingly exporting or sending from the United States (or attempting to do so) any merchandise, article, or object (merchandise) contrary to any U.S. law; and (2) receiving, concealing, buying, selling, or otherwise facilitating the transportation, concealment, or sale of that merchandise, prior to exportation, knowing that merchandise to be intended for exportation contrary to any U.S. law.
Amends the money laundering statute to define "specified unlawful activity to include an offense of smuggling goods from the United States.
Amends the Tariff Act to provide for forfeiture to the United States of merchandise exported from the United States (or attempted to be exported), or the value thereof, and property used to facilitate the receipt, purchase, transportation, concealment, or sale of that merchandise prior to exportation.
(Sec. 12002) Expands code provisions regarding smuggling goods into foreign countries to cover situations where such goods are smuggled (or attempted to be smuggled) by vehicle, aircraft, conveyance, or other mode of transportation.
Prohibits, and sets penalties for, the transport (including attempts) of more than 360 liters of distilled spirits from one State into another State or foreign country, or the receipt or possession of more than 360 liters that have been transported in interstate or foreign commerce in violation of Federal or State law. Directs the Secretary of the Treasury to seize and forfeit any conveyance, liquor, or monetary instrument involved in, or property that constitutes or is derived from proceeds traceable to, a violation of this section, with a limitation.
(Sec. 12003) Expands the scope of the statute punishing entry of goods by means of false statements to cover theft, embezzlement, and misapplication of duties. Increases penalties for violations.
(Sec. 12004) Prohibits, and sets penalties for, false certifications relating to exports.
Subtitle D: Strengthening Immigration Laws to Exclude International Criminals From the United States - Amends the Immigration and Nationality Act (INA) to: (1) make inadmissible any alien coming to the United States to avoid lawful prosecution in a foreign country for a crime involving moral turpitude; and (2) direct the Attorney General to remove such alien to the country seeking prosecution unless, in the Attorney General's discretion, the removal is deemed to be impracticable, inadvisable, or impossible.
(Sec. 13002) Amends the INA to provide for the inadmissibility of persons: (1) involved in racketeering and arms trafficking; (2) who have benefited from illicit activities of drug traffickers; and (3) involved in international alien smuggling.
Subtitle E: Alien Smuggling - Amends the INA to provide for the civil and criminal forfeiture of any conveyance used in the commission of an alien smuggling offense.
Subtitle F: Trafficking in Chemicals Used to Produce Drugs - Amends the Controlled Substances Import and Export Act to require a person who proposes to engage in a transaction involving the importation or exportation of a listed chemical that requires advance notification pursuant to the regulations of the Attorney General or the importation or exportation of a tableting or encapsulating machine to notify the Attorney General at least 15 days before the transaction is to take place. Authorizes the Attorney General to require that the 15-day notification requirement apply to all imports of a listed chemical upon finding that such notification is necessary to support effective chemical diversion control programs or is required by international agreement to which the United States is a party.
Sets forth additional restrictions regarding the transshipment and in-transit shipment of controlled substances.
Authorizes injunctions barring persons convicted of a felony violation relating to the receipt, distribution, manufacture, importation, or exportation of a listed chemical from engaging in any transaction involving a listed chemical for up to ten years.
Subtitle G: Arms Trafficking - Amends the Arms Export Control Act to create an exemption from Act requirements transactions arising out of an investigation by a Federal law enforcement agency concerning possible criminal violations of U.S. law.