I

104TH CONGRESS

2D SESSION H. R. 3445

To make changes in Federal juvenile justice proceedings, and to foster youth

development and prevent juvenile crime and delinquency.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1996

Mr. SCHUMER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Economic

and Educational Opportunities, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To make changes in Federal juvenile justice proceedings,

and to foster youth development and prevent juvenile

crime and delinquency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Balanced Juvenile Jus5 tice and Crime Prevention Act of 1996’’.

6 SEC. 2. FINDINGS; TABLE OF CONTENTS.

7 (a) FINDINGS.—Congress finds the following:
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1 (1) Violent juvenile crime is increasing both in

2 frequency and severity.

3 (2) The system of criminal justice for juveniles

4 has not kept up with the changing nature of juvenile

5 crime. Many acts of juvenile delinquency can be ap6 propriately handled under existing court procedures,

7 but adequate response to the increasingly violent

8 criminal acts of the more serious juvenile offenders

9 demands major procedural changes to ensure prompt

10 and effective criminal prosecutions and punishment.

11 (3) Penalties imposed under the current juve12 nile justice system also have failed to keep pace with

13 and deter violent juvenile crime.

14 (4) To deter violent juvenile crime, and protect

15 innocent Americans, prosecutors must be empowered

16 to prosecute particularly serious juvenile offenders

17 as adults.

18 (5) Drugs and gun-related crime threaten the

19 life and well-being of American youth and the future

20 of the Nation.

21 (6) The number of American youths killing

22 with, and killed by firearms has increased.

23 (7) To deter the use of firearms in the commis24 sion of crime, and to protect the law abiding public

25 there must be swift disposition of gun related of-
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1 fenses in our courts, and there must be the certain

2 prospect of punishment for those who commit such

3 crimes.

4 (8) Drug use and addiction among American

5 youth has increased, and only with a comprehensive

6 strategy of deterrence through education and sure

7 punishment, in tandem with provision of treatment

8 for addicted youth, can American youth grow into

9 productive and responsible citizens and parents.

10 (9) Gangs have spread nationwide, inhabit

11 cities large and small, and have growing juvenile

12 membership.

13 (10) The use of illegal drugs supports the drug

14 trafficking industry and the often violent crime asso15 ciated with the drug trade.

16 (11) Drug courts effectively address drug-relat17 ed crime by offering intensive treatment to non18 violent, drug addicted offenders who seek to become

19 drug free.

20 (12) The responsiveness of community-based

21 organizations to local community values and con22 cerns, allow such organizations to effectively create

23 and implement youth development programs.

24 (13) The problems facing troubled youth de25 mand a cooperative effort involving parents, schools,
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1 local government, law enforcement, juvenile and

2 family courts, and community-based organizations.

3 (14) A lack of youth programs providing mean4 ingful and positive after school activities for at-risk

5 youth contributes to the proliferation of violent juve6 nile crime, including gang-related violence and drug

7 trafficking, and the overall hopelessness among the

8 Nation’s youth.

9 (15) Although parents have responsibility for

10 the social, moral, emotional, physical, and cognitive

11 development of their children, social and demo12 graphic changes in recent decades have had a sig13 nificant effect on family life and youth development,

14 increasing the need for programs to strengthen fami15 lies and help parents meet the social, moral, emo16 tional, physical, and cognitive needs of their chil17 dren.

18 (b) TABLE OF CONTENTS.—

Sec. 1. Short title.

Sec. 2. Findings; table of contents.

TITLE I—ENHANCED PROSECUTION OF DANGEROUS JUVENILE

OFFENDERS

Sec. 101. Short title.

Sec. 102. Delinquency proceedings or criminal prosecutions in district courts.

Sec. 103. Custody prior to appearance before judicial officer.

Sec. 104. Technical and conforming amendments to section 5034.

Sec. 105. Detention prior to disposition or sentencing.

Sec. 106. Speedy trial.

Sec. 107. Disposition; availability of increased detention, fines and supervised

release for juvenile offenders.

Sec. 108. Records of crimes committed by juvenile delinquents.

Sec. 109. Restriction on commitment.
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Sec. 110. Technical amendments of sections 5031 and 5034.

Sec. 111. Serious juvenile delinquency drug trafficking adjudications as armed

career criminal act predicates.

Sec. 112. Clerical amendments to table of sections for chapter.

TITLE II—YOUTH DEVELOPMENT AND JUVENILE CRIME

PREVENTION

Sec. 201. Short title.

Sec. 202. Definitions.

Subtitle A—Juvenile Gun Courts

Sec. 211. Grant authorization.

Sec. 212. Uses of funds.

Sec. 213. Applications.

Sec. 214. Grant awards.

Sec. 215. Limitations on grants; renewal of grants.

Sec. 216. Federal share.

Sec. 217. Report and evaluation.

Sec. 218. Definition.

Sec. 219. Authorization of appropriations.

Subtitle B—Community-Based Juvenile Justice Grants For Prosecutors

Sec. 221. Grant authorization.

Sec. 222. Uses of funds.

Sec. 223. Applications.

Sec. 224. Grant awards.

Sec. 225. Allocation of funds; limitations on grants.

Sec. 226. Reports.

Sec. 227. Definitions.

Sec. 228. Authorization of appropriations.

Subtitle C—Juvenile Drug Courts

Sec. 231. Juvenile drug courts.

Subtitle D—After School Crime Prevention Act

Sec. 241. Short title.

Sec. 242. Program authority.

Sec. 243. Program requirements.

Sec. 244. Applications.

Sec. 245. Eligibility of participants.

Sec. 246. Investigations and inspections.

Sec. 247. Federal share.

Sec. 248. Definitions.

Sec. 249. Authorization of appropriations.
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1 TITLE I—ENHANCED PROSECU2 TION OF DANGEROUS JUVE3 NILE OFFENDERS

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Enhanced Prosecution

6 of Dangerous Juvenile Offenders Act of 1996’’.

7 SEC. 102. DELINQUENCY PROCEEDINGS OR CRIMINAL

8 PROSECUTIONS IN DISTRICT COURTS.

9 (a) IN GENERAL.—Section 5032 of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘§ 5032. Delinquency proceedings or criminal pros12 ecutions in district courts

13 ‘‘(a)(1) A juvenile alleged to have committed an of14 fense against the United States or an act of juvenile delin15 quency may be surrendered to State authorities or pro16 ceeded against as a juvenile under this subsection, or tried

17 as an adult in the circumstances described in subsections

18 (b) and (c).

19 ‘‘(2) Such juvenile may be proceeded against as a ju20 venile in a court of the United States under this subsection

21 if the Attorney General, after investigation certifies to the

22 appropriate United States district court that—

23 ‘‘(A)(i) the juvenile court or other appropriate

24 court of a State does not have jurisdiction or de25 clines to assume jurisdiction over the juvenile with
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1 respect to such act of alleged juvenile delinquency,

2 or

3 ‘‘(ii) the offense charged is described in sub4 section (b)(2), and

5 ‘‘(B) there is a substantial Federal interest in

6 the case or the offense to warrant the exercise of

7 Federal jurisdiction.

8 ‘‘(3) If the Attorney General does not so certify, such

9 juvenile shall be surrendered to the appropriate legal au10 thorities of such State.

11 ‘‘(4) If a juvenile alleged to have committed an act

12 of juvenile delinquency is not surrendered to the authori13 ties of a State pursuant to this section, any proceedings

14 against the juvenile shall be in an appropriate district

15 court of the United States. For such purposes, the court

16 may be convened at any time and place within the district,

17 in chambers or otherwise. The Attorney General shall pro18 ceed by information or as authorized by section 3401(g)

19 of this title, and no criminal prosecution shall be instituted

20 except as provided in this chapter.

21 ‘‘(b) A juvenile may be prosecuted as an adult—

22 ‘‘(1) if the juvenile has requested in writing

23 upon advice of counsel to be prosecuted as an adult;

24 or
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1 ‘‘(2) if the juvenile is alleged to have committed

2 an act after the juvenile attains the age of 15 years

3 which if committed by an adult would be—

4 ‘‘(A) a crime of violence (as defined in sec5 tion 3156(a)(4)) that is a felony;

6 ‘‘(B) an offense described in section

7 844(d), (k), or (l), 922(x), or subsection (b),

8 (g), (h), (j), (k), or (l) of section 924;

9 ‘‘(C) a violation of section 922(o) that is

10 an offense under section 924(a)(2);

11 ‘‘(D) a violation of section 5861 of the In12 ternal Revenue Code of 1986 that is an offense

13 under section 5871 of such Code (26 U.S.C.

14 5871);

15 ‘‘(E) a conspiracy to violate an offense de16 scribed in any of subparagraphs (A) through

17 (E); or

18 ‘‘(F) an offense described in section 401 or

19 408 of the Controlled Substances Act (21

20 U.S.C. 841, 848) or a conspiracy or attempt to

21 commit that offense which is punishable under

22 section 406 of the Controlled Substances Act

23 (21 U.S.C. 846), or an offense punishable

24 under section 409 or 419 of the Controlled Sub25 stances Act (21 U.S.C. 849, 860), or an offense
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1 described in section 1002(a), 1003, 1005, or

2 1009 of the Controlled Substances Import and

3 Export Act (21 U.S.C. 952(a), 953, 955, or

4 959).

5 ‘‘(c)(1) A juvenile may also be prosecuted as an adult

6 if the juvenile is alleged to have committed an act after

7 the juvenile has attained the age of 13 years but before

8 the juvenile has attained the age of 15 years, which if com9 mitted by an adult would be an offense described in any

10 of subparagraphs (A) through (F) of subsection (b)(2),

11 upon approval of the Attorney General or the Attorney

12 General’s designee.

13 ‘‘(2) Any such designee shall be at a level not lower

14 than a Deputy Assistant Attorney General.

15 ‘‘(3) Such approval shall not be granted, with respect

16 to such a juvenile who is subject to the criminal jurisdic17 tion of an Indian tribal government and who is alleged

18 to have committed an act over which, if committed by an

19 adult, there would be Federal jurisdiction based solely on

20 its commission in Indian country (as defined in section

21 1151), unless the governing body of the tribe having juris22 diction over the place in which the alleged act was commit23 ted has before such act notified the Attorney General in

24 writing of its election that prosecution may take place

25 under this subsection.
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1 ‘‘(d) A determination to approve or not to approve,

2 or to institute or not to institute, a prosecution under sub3 section (b) or (c) shall not be reviewable in any court.

4 ‘‘(e) In a prosecution under subsection (b) or (c), the

5 juvenile may be prosecuted and convicted as an adult for

6 any other offense which is properly joined under the Fed7 eral Rules of Criminal Procedure, and may also be con8 victed of a lesser included offense.’’.

9 (b) CONFORMING AMENDMENT TO DEFINITIONS

10 SECTION.—Section 5031 of title 18, United States Code,

11 is amended by adding at the end the following: ‘‘As used

12 in this chapter, the term ‘State’ includes a State of the

13 United States, the District of Columbia, any common14 wealth, territory, or possession of the United States and,

15 with regard to an act of juvenile delinquency that would

16 have been a misdemeanor if committed by an adult, a fed17 erally recognized tribe.’’.

18 SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI19 CIAL OFFICER.

20 Section 5033 of title 18, United States Code, is

21 amended to read as follows:

22 ‘‘§ 5033. Custody prior to appearance before judicial

23 officer

24 ‘‘(a) Whenever a juvenile is taken into custody, the

25 arresting officer shall immediately advise such juvenile of
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1 the juvenile’s rights, in language comprehensible to a juve2 nile. The arresting officer shall promptly take reasonable

3 steps to notify the juvenile’s parents, guardian, or custo4 dian of such custody, of the rights of the juvenile, and

5 of the nature of the alleged offense.

6 ‘‘(b) The juvenile shall be taken before a judicial offi7 cer without unreasonable delay.’’.

8 SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO

9 SECTION 5034.

10 Section 5034 of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘The’’ each place it appears at

13 the beginning of a paragraph and inserting ‘‘the’’;

14 (2) by striking ‘‘If’’ at the beginning of the 3rd

15 paragraph and inserting ‘‘if’’;

16 (3) by designating the 3 paragraphs as para17 graphs (1), (2), and (3), respectively; and

18 (4) by inserting at the beginning of such section

19 before those paragraphs the following:‘‘In a proceed20 ing under section 5032(a)—’’.

21 SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENC22 ING.

23 Section 5035 of title 18, United States Code, is

24 amended to read as follows:
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1 ‘‘§ 5035. Detention prior to disposition or sentencing

2 ‘‘(a)(1) A juvenile 15 years of age or older prosecuted

3 pursuant to subsection (b) or (c) of section 5032, if de4 tained at any time prior to sentencing, shall be detained

5 in such suitable place as the Attorney General may des6 ignate. Preference shall be given to a place located within,

7 or within a reasonable distance of, the district in which

8 the juvenile is being prosecuted.

9 ‘‘(2) A juvenile less than 15 years of age prosecuted

10 pursuant to subsection (b) or (c) of section 5032, if de11 tained at any time prior to sentencing, shall be detained

12 in a suitable juvenile facility located within, or within a

13 reasonable distance of, the district in which the juvenile

14 is being prosecuted. If such a facility is not available, such

15 a juvenile may be detained in any other suitable facility

16 located within, or within a reasonable distance of, such

17 district. If no such facility is available, such a juvenile may

18 be detained in any other suitable place as the Attorney

19 General may designate.

20 ‘‘(3) To the maximum extent feasible, a juvenile less

21 than 15 years of age prosecuted pursuant to section sub22 section (b) or (c) of 5032 shall not be detained prior to

23 sentencing in any facility in which the juvenile has regular

24 contact with adult persons convicted of a crime or await25 ing trial on criminal charges.
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1 ‘‘(b) A juvenile proceeded against under section

2 5032(a) shall not be detained prior to disposition in any

3 facility in which the juvenile has regular contact with adult

4 persons convicted of a crime or awaiting trial on criminal

5 charges.

6 ‘‘(c) Every juvenile who is detained prior to disposi7 tion or sentencing shall be provided with reasonable safety

8 and security and with adequate food, heat, light, sanitary

9 facilities, bedding, clothing, recreation, education, and

10 medical care, including necessary psychiatric, psycho11 logical, or other care and treatment.’’.

12 SEC. 106. SPEEDY TRIAL.

13 Section 5036 of title 18, United States Code, is

14 amended by—

15 (1) striking ‘‘If an alleged delinquent’’ and in16 serting ‘‘If a juvenile proceeded against under sec17 tion 5032(a)’’;

18 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

19 (3) striking ‘‘the court,’’ and all that follows

20 through the end of the section and inserting ‘‘the

21 court. The periods of exclusion under section

22 3161(h) of this title shall apply to this section.’’.
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1 SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DE2 TENTION, FINES AND SUPERVISED RELEASE

3 FOR JUVENILE OFFENDERS.

4 Section 5037 of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘§ 5037. Disposition

7 ‘‘(a) In a proceeding under section 5032(a), if the

8 court finds a juvenile to be a juvenile delinquent, the court

9 shall hold a hearing concerning the appropriate disposition

10 of the juvenile no later than 40 court days after the find11 ing of juvenile delinquency, unless the court has ordered

12 further study pursuant to subsection (e). A predisposition

13 report shall be prepared by the probation officer who shall

14 promptly provide a copy to the juvenile, the juvenile’s

15 counsel, and the attorney for the Government. Victim im16 pact information shall be included in the report, and vic17 tims, or in appropriate cases their official representatives,

18 shall be provided the opportunity to make a statement to

19 the court in person or present any information in relation

20 to the disposition. After the dispositional hearing, and

21 after considering any pertinent policy statements promul22 gated by the Sentencing Commission pursuant to section

23 994 of title 28, the court shall enter an order of restitution

24 pursuant to section 3556 of this title, and may suspend

25 the findings of juvenile delinquency, place the juvenile on

26 probation, commit the juvenile to official detention (in-
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1 cluding the possibility of a term of supervised release), and

2 impose any fine that would be authorized if the juvenile

3 had been tried and convicted as an adult. With respect

4 to release or detention pending an appeal or a petition

5 for a writ of certiorari after disposition, the court shall

6 proceed pursuant to the provisions of chapter 207.

7 ‘‘(b) The term for which probation may be ordered

8 for a juvenile found to be a juvenile delinquent may not

9 extend beyond the maximum term that would be author10 ized by section 3561(c) if the juvenile had been tried and

11 convicted as an adult. Sections 3563, 3564, and 3565 are

12 applicable to an order placing a juvenile on probation.

13 ‘‘(c) The term for which official detention may be or14 dered for a juvenile found to be a juvenile delinquent may

15 not extend beyond the lesser of—

16 ‘‘(1) the maximum term of imprisonment that

17 would be authorized if the juvenile had been tried

18 and convicted as an adult;

19 ‘‘(2) ten years; or

20 ‘‘(3) the date when the juvenile becomes twen21 ty-six years old.

22 Section 3624 is applicable to an order placing a juvenile

23 in detention.

24 ‘‘(d) The term for which supervised release may be

25 ordered for a juvenile found to be a juvenile delinquent
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1 may not extend beyond 5 years. Subsections (c) through

2 (i) of sections 3583 apply to an order placing a juvenile

3 on supervised release.

4 ‘‘(e) If the court desires more detailed information

5 concerning a juvenile alleged to have committed an act of

6 juvenile delinquency or a juvenile adjudicated delinquent,

7 it may commit the juvenile, after notice and hearing at

8 which the juvenile is represented by counsel, to the custody

9 of the Attorney General for observation and study by an

10 appropriate agency or entity. Such observation and study

11 shall be conducted on an outpatient basis, unless the court

12 determines that inpatient observation and study are nec13 essary to obtain the desired information. In the case of

14 an alleged juvenile delinquent, inpatient study may be or15 dered only with the consent of the juvenile and the juve16 nile’s attorney. The agency or entity shall make a complete

17 study of the alleged or adjudicated delinquent to ascertain

18 the juvenile’s personal traits, capabilities, background,

19 previous delinquency or criminal experience, mental or

20 physical defect, and any other relevant factors. The Attor21 ney General shall submit to the court and the attorneys

22 for the juvenile and the Government the results of the

23 study within 30 days after the commitment of the juvenile,

24 unless the court grants additional time. Time spent in cus-
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1 tody under this subsection shall be excluded for purposes

2 of section 5036.

3 ‘‘(f) With respect to any juvenile prosecuted and con4 victed as an adult under section 5032(c), the court may,

5 pursuant to guidelines promulgated by the United States

6 Sentencing Commission under section 994 of title 28, de7 termine to treat the conviction as an adjudication of delin8 quency and impose any disposition authorized under this

9 section. The United States Sentencing Commission shall

10 promulgate such guidelines as soon as practicable and not

11 later than one year from the date of enactment of the En12 hanced Prosecution of Dangerous Juvenile Offenders Act

13 of 1996.’’.

14 SEC. 108. RECORDS OF CRIMES COMMITTED BY JUVENILE

15 DELINQUENTS.

16 Section 5038 of title 18, United States Code, is

17 amended—

18 (1) in subsection (a), by striking ‘‘Throughout

19 and’’ and all that follows through the colon and in20 serting the following: ‘‘Throughout and upon com21 pletion of the juvenile delinquency proceeding, the

22 court records of the original proceeding shall be

23 safeguarded from disclosure to unauthorized per24 sons. The records shall be released to the extent nec25 essary to meet the following circumstances:’’;
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1 (2) in subsection (a)(3), by inserting before the

2 semicolon ‘‘or analysis requested by the Attorney

3 General’’;

4 (3) in subsection (a), so that paragraph (6)

5 reads as follows:

6 ‘‘(6) communications with any victim of such

7 juvenile delinquency, or in appropriate cases with

8 the official representative of the victim, in order to

9 apprise such victim or representative of the status or

10 disposition of the proceeding or in order to effec11 tuate any other provision of law or to assist in a vic12 tim’s, or the victim’s official representative’s, allocu13 tion at disposition.’’; and

14 (4) by striking subsections (d) and (f), by re15 designating subsection (e) as subsection (d), by in16 serting ‘‘pursuant to section 5032 (b) or (c)’’ after

17 ‘‘adult’’ in subsection (d) as so redesignated, and by

18 adding at the end new subsections (e) through (f) as

19 follows:

20 ‘‘(e) Whenever a juvenile has been adjudicated delin21 quent for an act that if committed by an adult would be

22 a felony or for a violation of section 922(x), the juvenile

23 shall be fingerprinted and photographed, and the finger24 prints and photograph shall be sent to the Federal Bureau

25 of Investigation. The court shall also transmit to the Fed-
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1 eral Bureau of Investigation the information concerning

2 the adjudication, including name, date of adjudication,

3 court, offenses, and sentence, along with the notation that

4 the matter was a juvenile adjudication. The fingerprints,

5 photograph, and other records and information relating to

6 a juvenile described in this subsection, or to a juvenile who

7 is prosecuted as an adult pursuant to section 5032 (b)

8 or (c), shall be made available in the manner applicable

9 to adult defendants.

10 ‘‘(f) In addition to any other authorization under this

11 section for the reporting, retention, disclosure, or avail12 ability of records or information, if the law of the State

13 in which a Federal juvenile delinquency proceeding takes

14 place permits or requires the reporting, retention, disclo15 sure, or availability of records or information relating to

16 a juvenile or to a juvenile delinquency proceeding or adju17 dication in certain circumstances, then such reporting, re18 tention, disclosure, or availability is permitted under this

19 section whenever the same circumstances exist.’’.

20 SEC. 109. RESTRICTION ON COMMITMENT.

21 Section 5039 of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘§ 5039. Commitment

24 ‘‘(a) The Attorney General shall not cause any juve25 nile less than 21 years of age adjudicated delinquent under
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1 section 5032(a) to be placed or retained in an adult jail

2 or correctional facility in which the juvenile has regular

3 contact with adults incarcerated because they have been

4 convicted of a crime or are awaiting trial on criminal

5 charges, except for placement in a community-based facil6 ity.

7 ‘‘(b) Every juvenile adjudicated delinquent who has

8 been committed shall be provided with reasonable safety

9 and security and with adequate food, heat, light, sanitary

10 facilities, bedding, clothing, recreation, counseling, edu11 cation, training, and medical care including necessary psy12 chiatric, psychological, or other care and treatment.’’.

13 SEC. 110. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

14 5034.

15 (a) SECTION 5031.—Sections 5031 and 5034 of title

16 18, United States Code, are each amended by striking

17 ‘‘his’’ each place it appears and inserting ‘‘the juvenile’s’’.

18 (b) SECTION 5034.—Section 5034 of title 18, United

19 States Code, is amended by striking ‘‘magistrate’’ each

20 place it appears and inserting ‘‘judicial officer’’.

21 SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAF22 FICKING ADJUDICATIONS AS ARMED CAREER

23 CRIMINAL ACT PREDICATES.

24 Section 924(e)(2)(A) of title 18, United States Code,

25 is amended—
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1 (1) by striking ‘‘or’’ at the end of clause (i);

2 (2) by inserting ‘‘or’’ at the end of clause (ii);

3 and

4 (3) by adding at the end the following:

5 ‘‘(iii) any act of juvenile delinquency

6 that if committed by an adult would be a

7 serious drug offense described in this para8 graph;’’.

9 SEC. 112. CLERICAL AMENDMENTS TO TABLE OF SECTIONS

10 FOR CHAPTER.

11 The table of sections at the beginning of chapter 403

12 of title 18, United States Code, is amended to read as

13 follows:

14 ‘‘CHAPTER 403—JUVENILE DELINQUENCY

‘‘Sec.

‘‘5031. Definitions.

‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.

‘‘5033. Custody prior to appearance before judicial officer.

‘‘5034. Duties of magistrate.

‘‘5035. Detention prior to disposition or sentencing.

‘‘5036. Speedy trial.

‘‘5037. Disposition.

‘‘5038. Use of juvenile records.

‘‘5039. Commitment.

‘‘5040. Support.

‘‘5041. Repealed.

‘‘5042. Revocation of probation.’’.
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1 TITLE II—YOUTH DEVELOPMENT

2 AND JUVENILE CRIME PRE3 VENTION

4 SEC. 201. SHORT TITLE.

5 This title may be cited as the ‘‘Youth Development and

6 Juvenile Crime Prevention Act of 1996’’.

7 SEC. 202. DEFINITIONS.

8 Unless otherwise provided, for purposes of this title—

9 (1) the term ‘‘juvenile’’ has the meaning given

10 such term under State law; and

11 (2) the term ‘‘State’’ means any of the 50

12 States, the District of Columbia, and the Common13 wealth of Puerto Rico.

14 Subtitle A—Juvenile Gun Courts

15 SEC. 211. GRANT AUTHORIZATION.

16 The Attorney General may provide grants to States,

17 State courts, local courts, units of local government, and

18 Indian tribes, for court-based juvenile justice programs

19 that target young firearm offenders through the establish20 ment of juvenile gun courts.

21 SEC. 212. USES OF FUNDS.

22 Grants made by the Attorney General under this sec23 tion shall be used to fund programs that—

24 (1) establish juvenile gun courts for adjudica25 tion and prosecution of juvenile firearm offenders;
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1 (2) grant prosecutorial discretion to try, in a

2 gun court, cases involving the illegal possession, use,

3 transfer, or threatened use of a firearm by a juve4 nile;

5 (3) require prosecutors to transfer such cases to

6 the gun court calendar not later than 30 days after

7 arraignment;

8 (4) require that gun court trials commence not

9 later than 60 days after transfer to the gun court;

10 (5) allow prosecution of appropriately aged of11 fenders as adults or juveniles in accordance with

12 State law;

13 (6) facilitate innovative and individualized sen14 tencing (such as incarceration, house arrest, elec15 tronic monitoring, restitution, and gang prevention

16 programs);

17 (7) provide services in furtherance of paragraph

18 (6);

19 (8) limit grounds for continuances and grant

20 continuances only for the shortest practicable time;

21 and

22 (9) allow transfer of a case or an offender out

23 of the gun court by agreement of the parties, subject

24 to court approval.
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1 SEC. 213. APPLICATIONS.

2 (a) ELIGIBILITY.—In order to be eligible to receive

3 a grant under this subtitle, the chief executive or chief

4 justice of a State or the chief executive or chief judge of

5 a unit of local government or Indian tribe shall submit

6 an application to the Attorney General in such form and

7 containing such information as the Attorney General may

8 reasonably require.

9 (b) REQUIREMENTS.—Each application shall in10 clude—

11 (1) a request for funds for the purposes de12 scribed in section 212;

13 (2) a description of the communities to be

14 served by the grant, including the nature of juvenile

15 crime, juvenile violence, and juvenile firearm use and

16 possession in such communities;

17 (3) assurances that Federal funds received

18 under this subtitle shall be used to supplement, not

19 supplant, non-Federal funds that would otherwise be

20 available for activities funded under this section;

21 (4) statistical information in such form and

22 containing such information as the Attorney General

23 may require; and

24 (5) any additional requirements the Attorney

25 General may reasonably require.
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1 (c) IMPLEMENTATION PLAN.—Each applicant shall

2 include a comprehensive implementation plan that con3 tains—

4 (1) a description of the applicant jurisdiction’s

5 juvenile crime and juvenile violence problem, includ6 ing gang crime, and juvenile firearm use and posses7 sion;

8 (2) an action plan outlining how the applicant

9 will achieve the purposes described in section 212;

10 and

11 (3) a description of any resources available in

12 the community to implement the plan.

13 SEC. 214. GRANT AWARDS.

14 (a) GRANT-MAKING CONSIDERATIONS.—The Attor15 ney General shall consider the following in awarding

16 grants under this subtitle:

17 (1) Demonstrated need and evidence of the abil18 ity to provide the services described in the plan re19 quired under section 213.

20 (2) To the extent practicable, achievement of an

21 equitable geographic distribution of grant awards.

22 (3) An allotment of .5 percent of the total

23 amount authorized each fiscal year for each State

24 that meets the requirements under this subtitle.
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1 (b) AVAILABILITY OF FUNDS.—Amounts made avail2 able under this subtitle shall remain available until ex3 pended.

4 SEC. 215. LIMITATIONS ON GRANTS; RENEWAL OF GRANTS.

5 (a) ADMINISTRATIVE COST LIMITATION.—The Attor6 ney General and any grant recipient may each use not

7 more than 5 percent of the funds available under this sub8 title for administrative purposes and technical assistance.

9 (b) RENEWAL OF GRANTS.—A grant under this sub10 title may be renewed for not more than 2 additional years

11 after the first fiscal year during which the recipient re12 ceives its initial grant under this subtitle, subject to the

13 availability of funds, if—

14 (1) the Attorney General determines that the

15 funds made available to the recipient during the pre16 vious years were used in a manner required under

17 an approved application; and

18 (2) the Attorney General determines that an

19 additional grant is necessary to implement the com20 prehensive plan required by section 213.

21 SEC. 216. FEDERAL SHARE.

22 (a) IN GENERAL.—The Federal share of a grant

23 made under this subtitle may not exceed 90 percent of

24 the total costs of the program described in the application
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1 submitted under section 213 for the fiscal year for which

2 the program receives assistance under this subtitle.

3 (b) WAIVER.—The Attorney General may waive, in

4 whole or in part, the requirement of a matching contribu5 tion under subsection (a).

6 (c) IN-KIND CONTRIBUTIONS.—In-kind contributions

7 may constitute a portion of the non-Federal share of a

8 grant under this subtitle.

9 SEC. 217. REPORT AND EVALUATION.

10 (a) REPORT TO THE ATTORNEY GENERAL.—States,

11 State courts, local courts, Indian tribes, or units of local

12 government that receive funds under this subtitle during

13 a fiscal year shall submit to the Attorney General not later

14 than March 1 of each year beginning in 1998, a report

15 that describes progress achieved in carrying out the plan

16 described under section 213.

17 (b) EVALUATION AND REPORT TO CONGRESS.—The

18 Attorney General shall submit to the Congress an evalua19 tion and report by October 1 of each year beginning in

20 1998, that contains a detailed statement regarding grant

21 awards, activities of grant recipients, a compilation of sta22 tistical information submitted by applicants, and an eval23 uation of programs established under this subtitle.

24 (c) DOCUMENTS AND INFORMATION.—Grant recipi25 ents shall provide the Attorney General with all relevant
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1 documents and information that the Attorney General

2 deems necessary to conduct an evaluation of the effective3 ness of programs funded under this subtitle.

4 (d) CRITERIA.—In assessing the effectiveness of the

5 programs established and operated pursuant to this sub6 title, the Attorney General shall consider, at a minimum—

7 (1) the number of youths tried in gun court ses8 sions;

9 (2) recidivism rates of offenders tried in gun

10 court sessions;

11 (3) changes in the amount of gun and gang re12 lated crime in the jurisdiction of the grantee;

13 (4) the quantity of firearms and ammunition

14 recovered in gun court cases; and

15 (5) the costs of the program to the criminal jus16 tice system.

17 SEC. 218. DEFINITION.

18 For purposes of this subtitle the term ‘‘firearm of19 fender’’ means any individual charged with an offense in20 volving the illegal possession, use, transfer, or threatened

21 use of a firearm.

22 SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated to carry out

24 this subtitle—

25 (1) $50,000,000 for fiscal year 1997;
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1 (2) $55,000,000 for fiscal year 1998;

2 (3) $60,000,000 for fiscal year 1999; and

3 (4) $60,000,000 for fiscal year 2000.

4 Subtitle B—Community-Based Ju5 venile Justice Grants For Pros6 ecutors

7 SEC. 221. GRANT AUTHORIZATION.

8 (a) IN GENERAL.—The Attorney General may pro9 vide grants to State prosecutors, Indian tribal prosecutors,

10 and local prosecutors to support the establishment or ex11 pansion of community-based juvenile justice programs.

12 (b) CONSULTATION.—The Attorney General may

13 consult with the Ounce of Prevention Council when mak14 ing grants under subsection (a).

15 SEC. 222. USES OF FUNDS.

16 Grants made by the Attorney General under this sec17 tion may be used—

18 (1) to fund programs that require the coopera19 tion and coordination of prosecutors, school officials,

20 police, probation officers, youth and social service

21 professionals, and community members in the effort

22 to reduce the incidence of, and increase the success23 ful identification and speed of prosecution of, violent

24 juvenile offenders;
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1 (2) to fund programs in which prosecutors

2 focus on the juvenile offender, not simply the spe3 cific offense, and impose individualized sanctions,

4 designed to deter juvenile offenders from further

5 antisocial conduct, and impose increasingly serious

6 sanctions on juvenile offenders who continue to com7 mit offenses;

8 (3) to fund programs that coordinate criminal

9 justice resources with educational, social service, and

10 community resources to develop and deliver violence

11 prevention programs including mediation and other

12 conflict resolution methods, treatment, counseling,

13 educational, and recreational programs that create

14 alternatives to criminal activity; and

15 (4) in rural States (as defined in section

16 1501(b) of title I of the Omnibus Crime Control and

17 Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)), to

18 fund cooperative efforts between State and local

19 prosecutors, victim advocacy and assistance groups,

20 social and community service providers, and law en21 forcement agencies to work in cooperation with the

22 community to develop education and prevention

23 strategies directed toward the issues with which such

24 entities are concerned.
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1 SEC. 223. APPLICATIONS.

2 (a) ELIGIBILITY.—In order to be eligible to receive

3 a grant under this subtitle for any fiscal year, the chief

4 executive officer of the jurisdiction in which the program

5 will be located and the designated representative of a

6 State, Indian tribe, or local prosecutor shall submit an ap7 plication to the Attorney General in such form and con8 taining such information as the Attorney General may rea9 sonably require.

10 (b) REQUIREMENTS.—Each application shall in11 clude—

12 (1) a request for funds for the purposes de13 scribed in section 222;

14 (2) a description of the communities to be

15 served by the grant, including the nature of the ju16 venile crime, juvenile violence, and child abuse prob17 lems within such communities;

18 (3) assurances that Federal funds received

19 under this subtitle shall be used to supplement, not

20 supplant, non-Federal funds that would otherwise be

21 available for activities funded under this section; and

22 (4) statistical information in such form and

23 containing such information that the Attorney Gen24 eral may require.

25 (c) COMPREHENSIVE PLAN.—Each application shall

26 include a comprehensive plan that shall contain—
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1 (1) a description of the juvenile violence or child

2 abuse crime problem;

3 (2) an action plan outlining how the applicant

4 will achieve the purposes described in section 222;

5 (3) a description of the resources available in

6 the community to implement the plan together with

7 a description of the services that cannot be provided

8 with existing resources; and

9 (4) a description of how the requested grant

10 will be used to provide such services.

11 SEC. 224. GRANT AWARDS.

12 The Attorney General shall consider the following in

13 awarding grants:

14 (1) Demonstrated need and evidence of the abil15 ity to provide the services described in the plan re16 quired under section 223.

17 (2) To the extent practicable, the achievement

18 of an equitable geographic distribution of grant

19 awards.

20 SEC. 225. ALLOCATION OF FUNDS; LIMITATIONS ON

21 GRANTS.

22 (a) ADMINISTRATIVE COST LIMITATION.—The Attor23 ney General shall use not more than 5 percent of the funds

24 available under this subtitle for administration costs and

25 technical assistance.
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1 (b) RENEWAL OF GRANTS.—A grant under this sub2 title may be renewed for not more than 2 additional years

3 after the first fiscal year during which the recipient re4 ceives its initial grant under this subtitle, subject to the

5 availability of funds, if—

6 (1) the Attorney General determines that the

7 funds made available to the recipient during the pre8 vious years were used in a manner required under

9 the approved application; and

10 (2) the Attorney General determines that an

11 additional grant is necessary to implement the com12 munity prosecution program designed in the com13 prehensive plan required by section 223.

14 SEC. 226. REPORTS.

15 (a) REPORT TO ATTORNEY GENERAL.—Recipients of

16 funds under this subtitle shall submit to the Attorney Gen17 eral a report not later than March 1 of each year begin18 ning in 1998, that describes progress achieved in carrying

19 out the plan described under section 223(c).

20 (b) REPORT TO CONGRESS.—The Attorney General

21 shall submit to the Congress a report by October 1 of each

22 year, beginning in 1998, in which grants are made avail23 able under this subtitle which shall contain a detailed

24 statement regarding grant awards, activities of grant re25 cipients, a compilation of statistical information submitted
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1 by applicants, and an evaluation of programs established

2 under this subtitle.

3 SEC. 227. DEFINITIONS.

4 For purposes of this subtitle—

5 (1) the term ‘‘Indian tribe’’ means a tribe,

6 band, pueblo, nation, or other organized group or

7 community of Indians, including an Alaska Native

8 village (as defined in or established under the Alaska

9 Native Claims Settlement Act (43 U.S.C. 1601 et

10 seq.)), that is recognized as eligible for the special

11 programs and services provided by the United States

12 to Indians because of their status as Indians;

13 (2) the term ‘‘violent juvenile offender’’ means

14 an individual, considered a juvenile under State law,

15 who is charged with or has committed a violent of16 fense as defined in section 2503 of title I of the Om17 nibus Crime Control and Safe Streets Act of 1968;

18 and

19 (3) the term ‘‘juvenile offender’’ means an indi20 vidual who—

21 (A) is charged with an offense or against

22 whom the State is bringing a petition or equiva23 lent legal action; or

24 (B) has been convicted of, or adjudicated

25 as involved in or guilty of, an offense.
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1 SEC. 228. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to carry out

3 this subtitle—

4 (1) $15,000,000 for fiscal year 1997;

5 (2) $20,000,000 for fiscal year 1998;

6 (3) $20,000,000 for fiscal year 1999; and

7 (4) $20,000,000 for fiscal year 2000.

8 Subtitle C—Juvenile Drug Courts

9 SEC. 231. JUVENILE DRUG COURTS.

10 Title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amend12 ed—

13 (1) by redesignating part Y as part Z;

14 (2) by redesignating section 2501 as 2601; and

15 (3) by inserting after part X the following new

16 part:

17 ‘‘PART Y—JUVENILE DRUG COURTS

18 ‘‘SEC. 2501. GRANT AUTHORITY.

19 ‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The

20 Attorney General may make grants to States, State

21 courts, local courts, units of local government, and Indian

22 tribes to establish programs that—

23 ‘‘(1) continue judicial supervision over juvenile

24 offenders, other than violent juvenile offenders as

25 defined in section 227 of the Youth Development
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1 and Juvenile Crime Prevention Act of 1996, with

2 substance abuse problems; and

3 ‘‘(2) integrate administration of other sanctions

4 and services, which include—

5 ‘‘(A) mandatory periodic testing for the

6 use of controlled substances or other addictive

7 substances during any period of supervised re8 lease or probation for each participant;

9 ‘‘(B) substance abuse treatment for each

10 participant;

11 ‘‘(C) diversion, probation, or other super12 vised release involving the possibility of prosecu13 tion, confinement, or incarceration based on

14 noncompliance with program requirements or

15 failure to show satisfactory progress;

16 ‘‘(D) programmatic, offender management,

17 and aftercare services such as relapse preven18 tion, health care, education, vocational training,

19 job placement, housing placement, and child

20 care or other family support service for each

21 participant who requires such services;

22 ‘‘(E) payment by the offender of treatment

23 costs, to the extent practicable, such as costs

24 for urinalysis or counseling; and
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1 ‘‘(F) payment by the offender of restitu2 tion, to the extent practicable, to either a victim

3 of the offender’s offense or to a restitution or

4 similar victim support fund.

5 ‘‘(b) USE OF FUNDS FOR NECESSARY SUPPORT PRO6 GRAMS.—Grant recipients may use Federal grant funds

7 received under this subtitle to pay treatment, counseling,

8 and other related and necessary expenses not covered by

9 other Federal, State, Indian tribal, and local sources of

10 funding that would otherwise be available.

11 ‘‘(c) CONTINUED AVAILABILITY OF GRANT FUNDS.—

12 Amounts made available under this part shall remain

13 available until expended.

14 ‘‘SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT

15 OFFENDERS.

16 ‘‘The Attorney General shall issue regulations and

17 guidelines to ensure that the programs authorized in this

18 part do not permit participation by violent offenders.

19 ‘‘SEC. 2503. DEFINITION.

20 ‘‘For purposes of this part, the term ‘violent offense’

21 means an offense during the course of which—

22 ‘‘(1) the individual carried, possessed, or used a

23 firearm or dangerous weapon;
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1 ‘‘(2) the death of or serious bodily injury of an2 other person occurred as a direct result of the com3 mission of such offense; or

4 ‘‘(3) the individual used force against the per5 son of another.

6 ‘‘SEC. 2504. ADMINISTRATION.

7 ‘‘(a) REGULATORY AUTHORITY.—The Attorney Gen8 eral shall issue any regulations and guidelines necessary

9 to carry out this part.

10 ‘‘(b) APPLICATIONS.—In addition to any other re11 quirements that may be specified by the Attorney General,

12 an application for a grant under this part shall—

13 ‘‘(1) include a long-term strategy and detailed

14 implementation plan;

15 ‘‘(2) explain the applicant’s inability to fund the

16 program adequately without Federal assistance;

17 ‘‘(3) certify that the Federal support provided

18 will be used to supplement, and not supplant, State,

19 Indian tribal, and local sources of funding that

20 would otherwise be available;

21 ‘‘(4) identify related governmental or commu22 nity initiatives which complement or will be coordi23 nated with the proposal;

24 ‘‘(5) certify that there has been appropriate

25 consultation with all affected agencies and that there
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1 will be appropriate coordination with all affected

2 agencies in the implementation of the program;

3 ‘‘(6) certify that participating offenders will be

4 supervised by one or more designated judges with re5 sponsibility for the drug court program;

6 ‘‘(7) specify plans for obtaining necessary sup7 port and continuing the proposed program following

8 the conclusion of Federal support; and

9 ‘‘(8) describe the methodology that will be used

10 in evaluating the program.

11 ‘‘SEC. 2505. APPLICATIONS.

12 ‘‘To request funds under this part, the chief executive

13 or the chief justice of a State, or the chief executive or

14 chief judge of a unit of local government or Indian tribe

15 shall submit an application to the Attorney General in

16 such form and containing such information as the Attor17 ney General may reasonably require.

18 ‘‘SEC. 2506. FEDERAL SHARE.

19 ‘‘(a) IN GENERAL.—The Federal share of a grant

20 made under this part may not exceed 90 percent of the

21 total costs of the program described in the application sub22 mitted under section 2505 for the fiscal year for which

23 the program receives assistance under this part.
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1 ‘‘(b) WAIVER.—The Attorney General may waive, in

2 whole or in part, the requirement of a matching contribu3 tion under subsection (a).

4 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu5 tions may constitute a portion of the non-Federal share

6 of a grant under this part.

7 ‘‘SEC. 2507. GEOGRAPHIC DISTRIBUTION.

8 ‘‘The Attorney General shall ensure that, to the ex9 tent practicable, an equitable geographic distribution of

10 grant awards is made.

11 ‘‘SEC. 2508. REPORT.

12 ‘‘A State, Indian tribe, or unit of local government

13 that receives funds under this part during a fiscal year

14 shall submit to the Attorney General, in March of the year

15 following receipt of a grant under this part, a report re16 garding the effectiveness of programs established pursu17 ant to this part.

18 ‘‘SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVAL19 UATION.

20 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

21 Attorney General may provide technical assistance and

22 training in furtherance of the purposes of this part.

23 ‘‘(b) EVALUATIONS.—In addition to any evaluation

24 requirements that may be prescribed for grantees, the At25 torney General may carry out or make arrangements for
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1 evaluations of programs that receive support under this

2 part.

3 ‘‘(c) ADMINISTRATION.—The technical assistance,

4 training, and evaluations authorized by this section may

5 be carried out directly by the Attorney General, in collabo6 ration with the Secretary of Health and Human Services,

7 or through grants, contracts, or other cooperative arrange8 ments with other entities.

9 ‘‘SEC. 2510. UNAWARDED FUNDS.

10 ‘‘The Attorney General may reallocate any grant

11 funds that are not awarded for juvenile drug courts under

12 this part for use for other juvenile delinquency and crime

13 prevention initiatives.

14 ‘‘SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated to carry out

16 this part—

17 ‘‘(1) $50,000,000 for fiscal year 1997;

18 ‘‘(2) $75,000,000 for fiscal year 1998;

19 ‘‘(3) $75,000,000 for fiscal year 1999; and

20 ‘‘(4) $75,000,000 for fiscal year 2000.’’.

21 Subtitle D—After School Crime

22 Prevention Act

23 SEC. 241. SHORT TITLE.

24 This subtitle may be cited as the ‘‘After School Crime

25 Prevention Act’’.
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1 SEC. 242. PROGRAM AUTHORITY.

2 (a) IN GENERAL.—The Secretary of Health and

3 Human Services, in consultation with the Attorney Gen4 eral, may provide grants to eligible entities.

5 (b) EQUITABLE ALLOCATION.—The Secretary shall

6 attempt, to the extent practicable, to achieve an equitable

7 geographic allocation of grant funds awarded under this

8 subtitle.

9 SEC. 243. PROGRAM REQUIREMENTS.

10 (a) LOCATION.—An eligible entity that receives a

11 grant under this section shall ensure that the program is

12 carried out—

13 (1) when appropriate, in the facilities of a pub14 lic school during nonschool hours; or

15 (2) in another appropriate local facility, such as

16 a college or university, a local or State park or

17 recreation center, church, or military base, that is—

18 (A) in a location that is easily accessible to

19 children in the community; and

20 (B) in compliance with all applicable local

21 ordinances.

22 (b) USE OF FUNDS.—

23 (1) IN GENERAL.—Such entity shall use funds

24 made available through the grant under this subtitle

25 to provide children in the eligible community services
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1 and activities that include extracurricular and aca2 demic programs, that are offered—

3 (A) after school and on weekends and holi4 days, during the school year; and

5 (B) as daily full-day programs (to the ex6 tent available resources permit) or as part-day

7 programs, during the summer months;

8 (2) ADMINISTRATIVE COSTS.—An entity that

9 receives funds under this subtitle may not use more

10 than 5 percent of such funds to pay for the adminis11 trative costs of the program.

12 (3) CONTINUED AVAILABILITY OF GRANT

13 FUNDS.—Amounts made available under this sub14 title shall remain available until expended.

15 SEC. 244. APPLICATIONS.

16 (a) APPLICATION REQUIRED.—To be eligible to re17 ceive a grant under this section, an eligible entity shall

18 submit an application to the Secretary at such time, in

19 such manner, and accompanied by such information, as

20 the Secretary may reasonably require, and obtain approval

21 of such application.

22 (b) CONTENTS OF APPLICATION.—Each application

23 submitted pursuant to subsection (a) shall—
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1 (1) describe the area to be served, including the

2 level of poverty and juvenile delinquency for such

3 area;

4 (2) describe the activities and services to be

5 provided through the program for which the grant is

6 sought;

7 (3) contain a comprehensive plan for the pro8 gram that is designed to achieve identifiable goals

9 for children in the eligible community;

10 (4) demonstrate the manner in which the com11 munity-based organization will make use of the re12 sources, expertise, and commitment of private enti13 ties in carrying out the program for which the grant

14 is sought;

15 (5) include an estimate of the number of chil16 dren in the eligible community expected to be served

17 pursuant to the program;

18 (6) include a description of charitable private

19 resources, and all other resources, that will be made

20 available to achieve the goals of the program; and

21 (7) contain an assurance that the eligible entity

22 will use competitive procedures when purchasing,

23 contracting, or otherwise providing for goods, activi24 ties, or services to carry out programs under this

25 section.
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1 SEC. 245. ELIGIBILITY OF PARTICIPANTS.

2 (a) IN GENERAL.—To the extent possible, each child

3 who resides in an eligible community shall be eligible to

4 participate in a program carried out in a community that

5 receives assistance under this subtitle.

6 (b) ELIGIBILITY.—To be eligible to participate in a

7 program that receives assistance under this subtitle, a

8 child shall provide the express written approval of a parent

9 or guardian, and shall submit an official application and

10 agree to the terms and conditions of participation in the

11 program.

12 (c) NONDISCRIMINATION.—In selecting children to

13 participate in a program that receives assistance under

14 this subtitle, an eligible entity shall not discriminate on

15 the basis of race, color, religion, sex, national origin, or

16 disability.

17 SEC. 246. INVESTIGATIONS AND INSPECTIONS.

18 The Secretary, in consultation with the Attorney

19 General, may conduct such investigations and inspections

20 as may be necessary to ensure compliance with the provi21 sions of this subtitle.

22 SEC. 247. FEDERAL SHARE.

23 (a) IN GENERAL.—The Federal share of a grant

24 made under this subtitle may not exceed 90 percent of

25 the total costs of the program described in the application
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1 submitted under section 244 for the fiscal year for which

2 the program receives assistance under this subtitle.

3 (b) WAIVER.—The Secretary may waive, in whole or

4 in part, the requirement of a matching contribution under

5 subsection (a).

6 (c) IN-KIND CONTRIBUTIONS.—In-kind contributions

7 may constitute a portion of the non-Federal share of a

8 grant under this subtitle.

9 SEC. 248. DEFINITIONS.

10 For purposes of this subtitle—

11 (1) the term ‘‘child’’ has the same meaning

12 given such term under State law;

13 (2) the term ‘‘community-based organization’’

14 means a private, locally initiated, community-based

15 organization that—

16 (A) is a nonprofit organization, as defined

17 in section 103(23) of the Juvenile Justice and

18 Delinquency Prevention Act of 1974 (42 U.S.C.

19 5603(23)); and

20 (B) is operated by a consortium of service

21 providers, consisting of representatives of 5 or

22 more of the following categories of persons—

23 (i) residents of the community;

24 (ii) business and civic leaders actively

25 involved in providing employment and busi-
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1 ness development opportunities in the com2 munity;

3 (iii) educators;

4 (iv) religious organizations;

5 (v) law enforcement agencies;

6 (vi) public housing agencies;

7 (vii) other public agencies; and

8 (viii) other interested parties;

9 (3) the term ‘‘eligible community’’ means an

10 area which meets specific criteria regarding signifi11 cant poverty and juvenile crime and delinquency,

12 and such additional criteria as the Secretary may re13 quire by regulation;

14 (4) the term ‘‘eligible entity’’ means a commu15 nity-based organization or an Indian tribe;

16 (5) the term ‘‘Indian tribe’’ means a tribe,

17 band, pueblo, nation, or other organized group or

18 community of Indians, including an Alaska Native

19 village (as defined in or established under the Alaska

20 Native Claims Settlement Act (43 U.S.C. 1601 et

21 seq.)), that is recognized as eligible for the special

22 programs and services provided by the United States

23 to Indians because of their status as Indians;

24 (6) the term ‘‘public school’’ has the same

25 meaning given such term in section 14101 of the El-
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1 ementary and Secondary Education Act of 1965 (20

2 U.S.C. 8801); and

3 (7) the term ‘‘Secretary’’ means the Secretary

4 of Health and Human Services.

5 SEC. 249. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to carry out

7 this subtitle—

8 (1) $75,000,000 for fiscal year 1997;

9 (2) $100,000,000 for fiscal year 1998;

10 (3) $100,000,000 for fiscal year 1999; and

11 (4) $100,000,000 for fiscal year 2000.

Æ