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(9) A victim of crime should never be forced to endure again the emotional and physical consequences of the original crime.
TITLE VI-LAW ENFORCEMENT
Subtitle A—Maintaining Funding for State and
Local Law Enforcement Agencies
SEC. 601. MAINTAINING FUNDING FOR STATE AND LOCAL LAW ENFORCE
MENT AGENCIES. (a) Section 504(a)(1) of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 211 of the Department of Justice Appropriations Act, 1990 (Public Law 101-162), is amended by striking “1990” and inserting in lieu thereof 42 USC 3754. “1991”.”
(b) IMPROVING THE EFFECTIVENESS OF COURT PROCESS.–Paragraph (10) of section 501 of part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows:
42 USC 3751. “(10) improving the operational effectiveness of the court process, by expanding prosecutorial, defender and judicial resources, and implementing court delay reduction programs;”.
Subtitle B-National Crime Information
Enforcement Center Project 2000
Cooperation Act of 1990.
28 USC 534 note. SEC. 611. SHORT TITLE.
This section may be cited as the “National Law Enforcement
(1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States;
(2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies;
(3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and
(4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, “NCIC 2000”, to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century.
SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the following sums to implement the "NCIC 2000” project:
(1) $17,000,000 for fiscal year 1991;
(5) such sums as may be necessary for fiscal year 1995. SEC. 614. REPORT.
By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC
TITLE VII—FEDERAL LAW ENFORCE
MENT AND JUDICIAL ASSISTANCE
SEC. 701. ADDITIONAL AUTHORIZATIONS.
There are authorized to be appropriated for the fiscal year ending September 30, 1991, the following sums (which shall be in addition to any other appropriations):
(1) For the Federal Bureau of Investigation, $98,000,000 for the hiring of additional agents and support personnel to be dedicated to the investigation of drug trafficking organizations;
(2) For the Drug Enforcement Administration, $100,500,000 which shall include
(A) not to exceed $10,000,000 for enforcing provisions of Federal law regarding precursor and essential chemicals;
(B) not to exceed $37,500,000 for assigning not fewer than 250 agents and necessary support personnel to rural areas where State and local law enforcement agencies have identified the distribution of "crack” cocaine and/or the manufacture and distribution of methamphetamine to be a serious law enforcement problem that exceeds the resources of local law enforcement, and involves trafficking across State or national boundaries; and
(C) not to exceed $15,000,000 to expand DEA State and local task forces, including payment of State and local
overtime equipment and personnel costs; (3) For the United States courts, $9,000,000 for additional probation officers, judges, magistrates and other personnel including not to exceed $2,000,000 for training, document production, and other expenses related to the implementation of the Federal sentencing guidelines;
(4) For the United States attorneys, $24,000,000 for additional prosecutors and staff to implement a program of prosecuting in Federal court drug offenses arising out of arrests and investigations conducted by State and local law enforcement agencies;
(5) For defender services, $8,000,000 for the defense of persons prosecuted in Federal court for drug offenses arising out of
arrests and investigations conducted by State and local law enforcement agencies;
(6) For the United States marshals, $9,000,000; and
(7) For the Immigration and Naturalization Service United States Border Patrol, $45,000,000 to be allocated as follows:
(A) $15,000,000 for the hiring, training, and equipping of no fewer than 500 full-time equivalent Border Patrol officer positions;
(B) $25,000,000 for INS criminal investigations and the expeditious deportation of criminal aliens from detention; and
(C) $5,000,000 for the procurement of low-level light television systems, portable and permanent sensor systems, and 4-wheel drive law enforcement vehicles for the United States Border Patrol.
TITLE VIII-RURAL DRUG ENFORCEMENT
SEC. 801. RURAL DRUG ENFORCEMENT ASSISTANCE.
(a) IN GENERAL.–Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended by section 241 of this Act, is amended
(1) by redesignating part O as part P;
“Part 0–Rural Drug Enforcement Assistance
“RURAL DRUG ENFORCEMENT ASSISTANCE "SEC. 1501. (a) Of the total amount appropriated for this section in any fiscal year:
"(1) 50 percent shall be allocated to and shared equally among rural States as described in subsection (b); and
“(2) 50 percent shall be allocated to the remaining States for use in nonmetropolitan areas within those States, as follows:
“(A) $100,000 to each nonrural State; and
"(B) of the total funds remaining after the allocation in subparagraph (A), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described as the population of such State
bears to the population of all States. “(b) For the purpose of this section, the term 'rural State' means a State that has a population density of fifty-two or fewer persons per square mile or a State in which the largest county has fewer than one hundred and fifty thousand people.
"OTHER REQUIREMENTS “SEC. 1502. Subparts 1 and 3 of part E of this title shall apply with respect to funds appropriated to carry out this part, in the same manner as such subparts apply to funds appropriated to carry out part E, except that
"(1) section 506(a) of this title shall not apply with respect to this part; and
U.S) Therand such supart
"(2) in addition to satisfying the requirements of section 503(a), each application for a grant under this part shall include in its application a statement specifying how such grant will be coordinated with a grant received under section 506 of this title
for the same fiscal year.". (b) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following:
"(7) There are authorized to be appropriated $20,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992 and 1993, to carry out part O.”.
(c) TECHNICAL AMENDMENTS.—(1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b) is amended by striking "and N” and inserting “N, and O”.
(2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) as amended by section 241 of this Act, is amended by striking "or N” and inserting “, N, or 0”.
(3) The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended by section 241 of this Act, is amended by striking the matter relating to part O and inserting the following:
"PART 0-RURAL DRUG ENFORCEMENT ASSISTANCE
“PART P-TRANSITION; EFFECTIVE DATE; REPEALER
TITLE IX-MANDATORY DETENTION
SEC. 901. SHORT TITLE.
This title may be cited as the “Mandatory Detention for Offenders
(a) PENDING SENTENCE.–Subsection (a) of section 3143 of title 18, United States Code, is amended by
(1) striking "The judicial officer" and inserting: "(1) Except as provided in paragraph (2), the judicial officer"; and
(2) inserting at the end thereof the following: “(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless
“(A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
"(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
"(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other
person or the community.”. (b) PENDING APPEAL.-Subsection (b) of section 3143 of title 18, United States Code, is amended by
(1) striking "The judicial officer" and inserting: “(1) Except as provided in paragraph (2), the judicial officer"; (2) redesignating subparagraphs (A), (B), (C), and (D) of paragraph (2) as clauses (i), (ii), (iii), and (iv), respectively;
(3) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and
(4) adding at the end thereof the following: “(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.”.
(c) EXCEPTIONAL CASES.–Subsection (c) of section 3145 of title 18, United States Code, is amended by adding at the end the following: “A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate.”.
TITLE X-JUVENILE JUSTICE
SEC. 1001. TECHNICAL AMENDMENTS.
(a) CORRECTION OF MISSPELLED WORD.-Subsection (a) of section 3143 of title 18, United States Code, is amended by striking "waiting” and inserting "awaiting”.
(b) CORRECTION OF REFERENCE TO REPEALED PROVISION.-Subsections (e) and (f) of section 3142 of title 18, United States Code, are each amended by striking "section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)" and inserting "the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”. SEC. 1002. REDESIGNATION OF CONFUSING SECTIONS IN THE CON
TROLLED SUBSTANCES ACT PERTAINING TO CHILDREN. (a) SECTION 405—NEW SECTION 418.—(1) Section 405 of the Controlled Substances Act is redesignated as section 418.
21 USC 845, 859. (2) Section 418 of such Act (as redesignated by paragraph (1)) is 21 USC 859. amended
(A) in subsection (a), by striking "section 405A" and inserting “section 419"; and
(B) in subsection (b) by striking "section 405A” and inserting "section 419”. (b) SECTION 405A-NEW SECTION 419.-Section 405A of the Controlled Substances Act is redesignated as section 419.
21 USC 845a, (c) SECTION 405B_NEW SECTION 420.-Section 405B of the Con
860. trolled Substances Act is redesignated as section 420.
21 USC 845b, (d) TRANSFER OF SECTION 5301 OF THE ANTI-DRUG ABUSE ACT OF 1988–NEW SECTION 421.-(1) Section 5301 of the Anti-Drug Abuse Act of 1988 is,
21 USC 853a, (A) transferred to the Controlled Substances Act; and
862. (B) redesignated as section 421 of the Controlled Substances Act. (2) Section 421(a)(1) of the Controlled Substances Act, as amended by paragraph (1) of this subsection, is amended by striking “(as such 21 USC 862. terms are defined for purposes of the Controlled Substances Act)”.