II

106TH CONGRESS

1ST SESSION S. 993

To prevent juvenile crime, provide for certain punishment of juvenile

delinquents, and incapacitate violent juvenile criminals, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 10, 1999

Mr. BIDEN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To prevent juvenile crime, provide for certain punishment

of juvenile delinquents, and incapacitate violent juvenile

criminals, and for other purposes.

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 ‘‘Juvenile Justice and

5 Delinquency Prevention Act of 1999’’.

6 SEC. 2. BLOCK GRANT PROGRAM.

7 (a) IN GENERAL.—Part R of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796 et seq.) is amended to read as follows:
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1 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

2 GRANTS

3 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Attorney General shall

5 make, subject to the availability of appropriations, grants

6 to States for use by States and units of local government

7 in planning, establishing, operating, coordinating, and

8 evaluating projects, directly or through grants and con9 tracts with public and private agencies, for the develop10 ment of more effective investigation, prosecution, and pun11 ishment (including the imposition of graduated sanctions)

12 of crimes or acts of delinquency committed by juveniles,

13 programs to improve the administration of justice for and

14 ensure accountability by juvenile offenders, and programs

15 to reduce the risk factors (such as truancy, drug or alcohol

16 use, and gang involvement) associated with juvenile crime

17 or delinquency.

18 ‘‘(b) USE OF GRANTS.—

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

20 grants under this section shall be used by States and

21 units of local government for the following purposes:

22 ‘‘(A) Programs to enhance the identifica23 tion, investigation, prosecution, and punishment

24 of juvenile offenders, such as—

25 ‘‘(i) the utilization of graduated sanc26 tions;
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1 ‘‘(ii) the utilization of short-term con2 finement of juvenile offenders;

3 ‘‘(iii) the incarceration of violent juve4 nile offenders for extended periods of time;

5 ‘‘(iv) the hiring of juvenile prosecu6 tors, juvenile public defenders, juvenile

7 judges, juvenile probation officers, and ju8 venile correctional officers to implement

9 policies to control juvenile crime and en10 sure accountability of juvenile offenders;

11 and

12 ‘‘(v) the development and implementa13 tion of a coordinated, multiagency system

14 for—

15 ‘‘(I) the comprehensive and co16 ordinated booking, identification, and

17 assessment of juveniles arrested or de18 tained by law enforcement agencies,

19 including the utilization of multi20 agency facilities such as juvenile as21 sessment centers; and

22 ‘‘(II) the coordinated delivery of

23 support services for juveniles who

24 have had or are at risk for contact

25 with the juvenile or criminal systems,
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1 including utilization of court-estab2 lished local service delivery councils.

3 ‘‘(B) Programs that require juvenile of4 fenders to make restitution to the victims of of5 fenses committed by those juvenile offenders.

6 ‘‘(C) Programs that require juvenile of7 fenders to attend and successfully complete

8 school or vocational training as part of a sen9 tence imposed by a court.

10 ‘‘(D) Programs that require juvenile of11 fenders who are parents to demonstrate paren12 tal responsibility by working and paying child

13 support.

14 ‘‘(E) Programs that seek to curb or punish

15 truancy.

16 ‘‘(F) Programs designed to collect, record,

17 retain, and disseminate information useful in

18 the identification, prosecution, and sentencing

19 of juvenile offenders, such as criminal history

20 information, fingerprints, DNA tests, and bal21 listics tests.

22 ‘‘(G) The development and implementation

23 of coordinated multijurisdictional or multi24 agency programs for the identification, control,

25 supervision, prevention, investigation, and treat-
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1 ment of the most serious juvenile offenses and

2 offenders, popularly known as a ‘SHOCAP Pro3 gram’ (Serious Habitual Offenders Comprehen4 sive Action Program).

5 ‘‘(H) The development and implementation

6 of coordinated multijurisdictional or multi7 agency programs for the identification, control,

8 supervision, prevention, investigation, and dis9 ruption of youth gangs.

10 ‘‘(I) The construction or remodeling of

11 short- and long-term facilities for juvenile of12 fenders.

13 ‘‘(J) The development and implementation

14 of technology, equipment, and training pro15 grams for juvenile crime control, for law en16 forcement officers, judges, prosecutors, proba17 tion officers, and other court personnel who are

18 employed by State and local governments, in

19 furtherance of the purposes identified in this

20 section.

21 ‘‘(K) Programs to seek to target, curb, and

22 punish adults who knowingly and intentionally

23 use a juvenile during the commission or at24 tempted commission of a crime, including pro25 grams that specifically provide for additional
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1 punishments or sentence enhancements for

2 adults who knowingly and intentionally use a

3 juvenile during the commission or attempted

4 commission of a crime.

5 ‘‘(L)(i) Hiring additional juvenile judges,

6 probation officers, and court-appointed defend7 ers, and funding pretrial services for juveniles,

8 to ensure the smooth and expeditious adminis9 tration of the juvenile justice system.

10 ‘‘(ii) Hiring additional prosecutors, so that

11 more cases involving violent juvenile offenders

12 can be prosecuted and backlogs reduced.

13 ‘‘(iii) Providing funding to enable prosecu14 tors to address drug, gang, and youth violence

15 problems more effectively.

16 ‘‘(iv) Providing funding for technology,

17 equipment, and training to assist prosecutors in

18 identifying and expediting the prosecution of

19 violent juvenile offenders.

20 ‘‘(v) Providing funding to enable juvenile

21 courts and juvenile probation offices to be more

22 effective and efficient in holding juvenile offend23 ers accountable and reducing recidivism.

24 ‘‘(vi) The establishment of court-based ju25 venile justice programs that target young fire-
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1 arms offenders through the establishment of ju2 venile gun courts for the adjudication and pros3 ecution of juvenile firearms offenders.

4 ‘‘(vii) The establishment of drug court pro5 grams for juveniles so as to provide continuing

6 judicial supervision over juvenile offenders with

7 substance abuse problems and to provide the in8 tegrated administration of other sanctions and

9 services.

10 ‘‘(M) Juvenile prevention programs (such

11 as curfews, youth organizations, antidrug pro12 grams, antigang programs, and after-school ac13 tivities) that include a rigorous, comprehensive

14 evaluation component that measures the de15 crease in risk factors associated with the juve16 nile crime and delinquency and employs sci17 entifically valid standards and methodologies.

18 ‘‘(N) Juvenile drug treatment programs.

19 ‘‘(2) ALLOCATION.—Of the total amount made

20 available to a State or unit of local government

21 under this section for a fiscal year—

22 ‘‘(A) not less than 25 percent shall be used

23 for the purposes set forth in subparagraphs (A)

24 through (I) of paragraph (1);
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1 ‘‘(B) not less than 25 percent shall be used

2 for the purposes set forth in subparagraphs (J)

3 and (L) of paragraph (1); and

4 ‘‘(C) not less than 25 percent shall be used

5 for the purposes set forth in subparagraphs (M)

6 and (N) of paragraph (1).

7 ‘‘(c) ALLOCATION AND DISTRIBUTION OF STATE

8 GRANTS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) STATE AND LOCAL DISTRIBUTION.—

11 Subject to subparagraph (B), of amounts made

12 available to the State, 30 percent may be re13 tained by the State for use pursuant to para14 graph (2) and 70 percent shall be reserved by

15 the State for local distribution pursuant to

16 paragraph (3).

17 ‘‘(B) SPECIAL RULE.—The Attorney Gen18 eral may waive the requirements of this para19 graph with respect to any State in which the

20 criminal and juvenile justice services for delin21 quent or other youths are organized primarily

22 on a statewide basis, in which case not more

23 than 50 percent of funds shall be made avail24 able to all units of local government in that

25 State pursuant to paragraph (3).
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1 ‘‘(2) LOCAL ELIGIBILITY AND DISTRIBUTION.—

2 ‘‘(A) COORDINATED LOCAL EFFORT.—

3 Prior to receiving a grant under this section, a

4 unit of local government shall certify that it has

5 or will establish a coordinated enforcement plan

6 for reducing juvenile crime within the jurisdic7 tion of the unit of local government, developed

8 by a juvenile crime enforcement coalition, such

9 coalition consisting of individuals within the ju10 risdiction representing the police, sheriff, pros11 ecutor, State or local probation services, juve12 nile court, schools, business, and religious affili13 ated, fraternal, nonprofit, or social service orga14 nizations involved in crime prevention.

15 ‘‘(B) SPECIAL RULE.—The requirement of

16 subparagraph (A) shall apply to an eligible unit

17 that receives funds from the Attorney General

18 under subparagraph (H), except that the cer19 tification that would otherwise be made to the

20 State shall be made to the Attorney General.

21 ‘‘(C) LOCAL DISTRIBUTION.—From

22 amounts reserved for local distribution under

23 paragraph (1), the State shall allocate to such

24 units of local government an amount that bears
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1 the same ratio to the aggregate amount of such

2 funds as—

3 ‘‘(i) the sum of—

4 ‘‘(I) the product of—

5 ‘‘(aa) two-thirds; multiplied

6 by

7 ‘‘(bb) the average law en8 forcement expenditure for such

9 unit of local government for the

10 3 most recent calendar years for

11 which such data is available; plus

12 ‘‘(II) the product of—

13 ‘‘(aa) one-third; multiplied

14 by

15 ‘‘(bb) the average annual

16 number of part 1 violent crimes

17 in such unit of local government

18 for the 3 most recent calendar

19 years for which such data is

20 available, bears to—

21 ‘‘(ii) the sum of the products deter22 mined under subparagraph (A) for all such

23 units of local government in the State.

24 ‘‘(D) EXPENDITURES.—The allocation any

25 unit of local government shall receive under
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1 paragraph (1) for a payment period shall not

2 exceed 100 percent of law enforcement expendi3 tures of the unit for such payment period.

4 ‘‘(E) REALLOCATION.—The amount of any

5 unit of local government’s allocation that is not

6 available to such unit by operation of paragraph

7 (2) shall be available to other units of local gov8 ernment that are not affected by such operation

9 in accordance with this subsection.

10 ‘‘(F) UNAVAILABILITY OF DATA FOR UNITS

11 OF LOCAL GOVERNMENT.—If the State has rea12 son to believe that the reported rate of part 1

13 violent crimes or law enforcement expenditure

14 for a unit of local government is insufficient or

15 inaccurate, the State shall—

16 ‘‘(i) investigate the methodology used

17 by the unit to determine the accuracy of

18 the submitted data; and

19 ‘‘(ii) if necessary, use the best avail20 able comparable data regarding the num21 ber of violent crimes or law enforcement

22 expenditure for the relevant years for the

23 unit of local government.

24 ‘‘(G) LOCAL GOVERNMENT WITH ALLOCA25 TIONS LESS THAN $5,000.—If, under this sec-
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1 tion, a unit of local government is allocated less

2 than $5,000 for a payment period, the amount

3 allocated shall be expended by the State on

4 services to units of local government whose al5 lotment is less than such amount in a manner

6 consistent with this part.

7 ‘‘(H) DIRECT GRANTS TO ELIGIBLE

8 UNITS.—

9 ‘‘(i) IN GENERAL.—If a State does

10 not qualify or apply for a grant under this

11 section, by the application deadline estab12 lished by the Attorney General, the Attor13 ney General shall reserve not more than 70

14 percent of the allocation that the State

15 would have received for grants under this

16 section under subsection (e) for such fiscal

17 year to provide grants to eligible units that

18 meet the requirements for funding under

19 subparagraph (A).

20 ‘‘(ii) AWARD BASIS.—In addition to

21 the qualification requirements for direct

22 grants for eligible units the Attorney Gen23 eral may use the average amount allocated

24 by the States to like governmental units as
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1 a basis for awarding grants under this sec2 tion.

3 ‘‘(I) USE OF CONSTRUCTION AND REMOD4 ELING FUNDS BY UNITS OF LOCAL GOVERN5 MENT.—Of amounts made available under this

6 section to a unit of local government for pur7 poses of construction or remodeling of short- or

8 long-term facilities pursuant to subsection

9 (b)(9)—

10 ‘‘(i) the unit of local government shall

11 coordinate such expenditures with similar

12 State expenditures;

13 ‘‘(ii) Federal funds shall constitute

14 not more than 50 percent of the estimated

15 construction or remodeling cost; and

16 ‘‘(iii) no funds expended pursuant to

17 this clause may be used for the incarcer18 ation of any offender who was more than

19 21 years of age at the time of the offense

20 or for construction, renovation, or expan21 sion of facilities for such offenders, except

22 that funds may be used to construct juve23 nile facilities collocated with adult facili24 ties, including separate buildings for juve25 niles and separate juvenile wings, cells, or
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1 areas collocated within an adult jail or

2 lockup.

3 ‘‘(3) NONSUPPLANTATION.—Amounts made

4 available under this section to the States (or units

5 of local government in the State) shall not be used

6 to supplant State or local funds (or in the case of

7 Indian tribal governments, to supplant amounts pro8 vided by the Bureau of Indian Affairs) but shall be

9 used to increase the amount of funds that would in

10 the absence of amounts received under this section,

11 be made available from a State or local source, or

12 in the case of Indian tribal governments, from

13 amounts provided by the Bureau of Indian Affairs.

14 ‘‘(e) ALLOCATION OF GRANTS AMONG QUALIFYING

15 STATES; RESTRICTIONS ON USE.—

16 ‘‘(1) ALLOCATION.—Amounts made available

17 under this section shall be allocated as follows:

18 ‘‘(A) 0.5 percent shall be allocated to each

19 eligible State.

20 ‘‘(B) The amount remaining after the allo21 cation under subparagraph (A) shall be allo22 cated proportionately based on the population

23 that is less than 18 years of age in the eligible

24 States.
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1 ‘‘(2) RESTRICTIONS ON USE.—Amounts made

2 available under this section shall be subject to the

3 restrictions of subsections (a) and (b) of section 292

4 of the Juvenile Justice and Delinquency Prevention

5 Act of 1974, except that the penalties in section

6 292(c) of such Act do not apply.

7 ‘‘(f) GRANTS TO INDIAN TRIBES.—

8 ‘‘(1) RESERVATION OF FUNDS.—Notwith9 standing any other provision of law, from the

10 amounts appropriated pursuant to section 299 of the

11 Juvenile Justice and Delinquency Prevention Act of

12 1974, for each fiscal year, the Attorney General

13 shall reserve an amount equal to the amount to

14 which all Indian tribes eligible to receive a grant

15 under paragraph (3) would collectively be entitled, if

16 such tribes were collectively treated as a State to

17 carry out this subsection.

18 ‘‘(2) GRANTS TO INDIAN TRIBES.—From the

19 amounts reserved under paragraph (1), the Attorney

20 General shall make grants to Indian tribes for pro21 grams pursuant to the permissible purposes under

22 section 1801.

23 ‘‘(3) APPLICATIONS.—To be eligible to receive a

24 grant under this subsection, an Indian tribe shall

25 submit to the Attorney General an application in
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1 such form and containing such information as the

2 Attorney General may by regulation require.’’.

3 SEC. 3. AUTHORITY TO MAKE GRANTS TO PROSECUTORS’

4 OFFICES TO COMBAT GANG CRIME AND

5 YOUTH VIOLENCE.

6 Section 31702 of subtitle Q of title III of the Violent

7 Crime Control and Law Enforcement Act of 1994 (42

8 U.S.C. 13862) is amended—

9 (1) in paragraph (3), by striking ‘‘and’’ at the

10 end;

11 (2) in paragraph (4), by striking the period at

12 the end and inserting a semicolon; and

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

14 ‘‘(5) to allow the hiring of additional prosecu15 tors, so that more cases can be prosecuted and back16 logs reduced;

17 ‘‘(6) to provide funding to enable prosecutors to

18 address drug, gang, and youth violence problems

19 more effectively;

20 ‘‘(7) to provide funding to assist prosecutors

21 with funding for technology, equipment, and training

22 to assist prosecutors in reducing the incidence of,

23 and increase the successful identification and speed

24 of prosecution of young violent offenders; and
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1 ‘‘(8) to provide funding to assist prosecutors in

2 their efforts to engage in community prosecution,

3 problem solving, and conflict resolution techniques

4 through collaborative efforts with police, school offi5 cials, probation officers, social service agencies, and

6 community organizations.’’.

7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—Section 299 of the Juvenile Jus9 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

10 5671) is amended by striking subsections (a), (b), and (c)

11 and inserting the following:

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to carry out this title $1,000,000,000 for each

14 of fiscal years 2000 through 2004.

15 ‘‘(b) ALLOCATION OF APPROPRIATIONS.—Of the

16 amount made available under subsection (a) for each fiscal

17 year—

18 ‘‘(1) $450,000,000 is authorized to be expended

19 for programs under section 1801 of part R of title

20 I of the Omnibus Crime Control and Safe Streets

21 Act of 1968 (42 U.S.C. 3796 et seq.)—

22 ‘‘(2) $175,000,000 is authorized to be expended

23 for State formula grants under part B of this title;

24 ‘‘(3) $175,000,000 is authorized to be expended

25 for grants under title V of this Act;
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1 ‘‘(4) $50,000,000 is authorized to be made

2 available to the National Institute for Juvenile Jus3 tice and Delinquency Prevention for research, dem4 onstration, and evaluation;

5 ‘‘(5) $100,000,000 is authorized to be expended

6 to carry out the purposes of parts A, C, D, E, and

7 G of this title; and

8 ‘‘(6) $50,000,000 is authorized to be expended

9 for grants to prosecutors and courts under section

10 31702 of subtitle Q of title III of the Violent Crime

11 Control and Law Enforcement Act of 1994 (42

12 U.S.C. 13862).

13 ‘‘(c) AVAILABILITY.—Amounts made available under

14 this section shall remain available until expended.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Title II of the Juvenile Justice and Delinquency Preven17 tion Act of 1974 (42 U.S.C. 5711 et seq.) is amended—

18 (1) in section 221(b)(2), in the second sentence,

19 by striking ‘‘described in section 299(c)(1)’’ and in20 serting ‘‘responsible for supervising the preparation

21 and administration of the State plan submitted

22 under section 223’’;

23 (2) in section 222(a)(2)(B), by striking ‘‘section

24 299(a) (1) and (3)’’ and inserting ‘‘section 299’’;

25 and
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1 (3) in section 223(a)(1), by striking ‘‘the State

2 agency described in section 299(c)(1) as the sole

3 agency’’ and inserting ‘‘the State agency respon4 sible’’.

5 SEC. 5. RUNAWAY AND HOMELESS YOUTH.

6 (a) IN GENERAL.—Section 372(a)(3) of the Juvenile

7 Justice and Delinquency Prevention Act of 1974 (42

8 U.S.C. 5714b(a)(3)) is amended by striking ‘‘unit of gen9 eral local government’’ and inserting ‘‘unit of local govern10 ment’’.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) TECHNICAL AMENDMENTS.—

13 (A) ERROR RESULTING FROM REDESIGNA14 TION.—

15 (i) IN GENERAL.—Section 3(i) of Pub16 lic Law 102–586 (106 Stat. 5026) is

17 amended by striking ‘‘Section 366’’ and in18 serting ‘‘Section 385’’.

19 (ii) EFFECTIVE DATE.—The amend20 ment made by clause (i) shall take effect

21 as if included in the amendments made by

22 Public Law 102–586.

23 (B) ERROR RESULTING FROM REF24 ERENCES TO NONEXISTENT PROVISIONS OF

25 LAW.—
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1 (i) IN GENERAL.—Section 40155 of

2 the Violent Crime Control and Law En3 forcement Act of 1994 (Public Law 103–

4 322; 108 Stat. 1922) is amended by strik5 ing ‘‘is amended—’’ and all that follows

6 through ‘‘after section 315’’ and inserting

7 the following: ‘‘is amended by adding at

8 the end’’.

9 (ii) EFFECTIVE DATE.—The amend10 ment made by subparagraph (A) shall take

11 effect as if included in the amendments

12 made by the Violent Crime Control and

13 Law Enforcement Act of 1994 (Public

14 Law 103–322; 108 Stat. 1796 et seq.).

15 (2) REAUTHORIZATIONS.—

16 (A) IN GENERAL.—Section 385 of the Ju17 venile Justice and Delinquency Prevention Act

18 of 1974 (42 U.S.C. 5751) (as amended by sec19 tion 3(i) of Public Law 102–586 (106 Stat.

20 5026) (as amended by subsection (a)(1)(A) of

21 this subsection)) is amended—

22 (i) in subsection (a)—

23 (I) in paragraph (1), by striking

24 ‘‘1993 and such sums as may be nec25 essary for fiscal years 1994, 1995,
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1 and 1996’’ and inserting ‘‘2000 and

2 such sums as may be necessary for

3 each of fiscal years 2001, 2002, 2003,

4 and 2004’’; and

5 (II) in paragraph (3), by striking

6 subparagraphs (A) through (D) and

7 inserting the following:

8 ‘‘(A) for fiscal year 2000, not less than

9 $1,055,406;

10 ‘‘(B) for fiscal year 2001, not less than

11 $1,108,177;

12 ‘‘(C) for fiscal year 2002, not less than

13 $1,163,585; and

14 ‘‘(D) for fiscal year 2003, not less than

15 $1,163,585.’’;

16 (ii) in subsection (b), by striking

17 ‘‘1993 and such sums as may be necessary

18 for fiscal years 1994, 1995, and 1996’’

19 and inserting ‘‘2000 and such sums as

20 may be necessary for each of fiscal years

21 2001, 2002, 2003, and 2004’’; and

22 (iii) in subsection (c), by striking

23 ‘‘1993, 1994, 1995, and 1996’’ and insert24 ing ‘‘2000, 2001, 2002, 2003, and 2004’’.
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1 (B) ADDITIONAL REAUTHORIZATION.—

2 Section 316 of part A of the Runaway and

3 Homeless Youth Act (42 U.S.C. 5712d) (as

4 added by section 40155 of the Violent Crime

5 Control and Law Enforcement Act of 1994 (as

6 amended by paragraph (1)(B) of this sub7 section)) is—

8 (i) redesignated as section 315 of part

9 A of the Runaway and Homeless Youth

10 Act; and

11 (ii) amended by striking subsection (c)

12 and inserting the following:

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 such sums as may be necessary for each of fiscal years

16 2000, 2001, 2002, 2003, and 2004.’’.

17 SEC. 6. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.

18 (a) DEFINITION.—Section 921(a)(20) of title 18,

19 United States Code, is amended—

20 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

21 (2) by redesignating subparagraphs (A) and

22 (B) as clauses (i) and (ii), respectively;

23 (3) by striking ‘‘What constitutes’’ and all that

24 follows through the period at the end of the para25 graph and inserting the following:
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1 ‘‘(B) For purposes of subsections (d), (g), and (s) of

2 section 922, the term ‘act of juvenile delinquency’ means

3 an adjudication of delinquency based on a finding of the

4 commission of an act by a person before the eighteenth

5 birthday of that person that, if committed by an adult,

6 would be a serious drug offense or violent felony (as de7 fined in section 3559(c)(2)), on or after the date of enact8 ment of this subparagraph.

9 ‘‘(C)(i) What constitutes a conviction of a crime de10 scribed in subparagraph (A) or an adjudication of juvenile

11 delinquency shall be determined in accordance with law

12 of the jurisdiction in which the proceedings were held.

13 ‘‘(ii) Any State conviction or adjudication of delin14 quency that has been expunged or set aside for which a

15 person has been pardoned or has had civil rights restored

16 by the jurisdiction in which the conviction or adjudication

17 of delinquency occurred shall nevertheless be considered

18 a conviction or adjudication of delinquency unless—

19 ‘‘(I) the expunction, set-aside, pardon, or res20 toration of civil rights is directed to a specific per21 son;

22 ‘‘(II) the State authority granting the

23 expunction, set aside, pardon, or restoration of civil

24 rights has expressly determined that the cir25 cumstances regarding the conviction and the per-
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1 son’s record and reputation are such that the person

2 will not act in a manner dangerous to public safety;

3 and

4 ‘‘(III) the expunction, set aside, pardon, or res5 toration of civil rights expressly authorizes the per6 son to ship, transport, receive, or possess firearms.

7 ‘‘(iii) The requirement of this subparagraph for an

8 individualized restoration of rights shall apply whether or

9 not, under State law, the person’s civil rights were taken

10 away by virtue of the conviction or adjudication.’’.

11 (b) PROHIBITION.—Section 922 of title 18, United

12 States Code is amended—

13 (1) in subsection (d)—

14 (A) in paragraph (8), by striking ‘‘or’’ at

15 the end;

16 (B) in paragraph (9), by striking the pe17 riod at the end and inserting ‘‘; or’’; and

18 (C) by inserting after paragraph (9) the

19 following:

20 ‘‘(10) who has committed an act of juvenile de21 linquency.’’;

22 (2) in subsection (g)—

23 (A) in paragraph (8), by striking ‘‘or’’ at

24 the end;
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1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting ‘‘; or’’, and

3 (C) by inserting after paragraph (9) the

4 following:

5 ‘‘(10) who has committed an act of juvenile de6 linquency.’’; and

7 (3) in subsection (s)(3)(B)—

8 (A) in clause (vi), by striking ‘‘and’’ at the

9 end;

10 (B) in clause (vii), by adding ‘‘and’’ after

11 the semicolon; and

12 (C) by inserting after clause (vii) the fol13 lowing:

14 ‘‘(viii) has not committed an act of ju15 venile delinquency.’’.

16 SEC. 7. EXTENSION OF VIOLENT CRIME REDUCTION TRUST

17 FUND.

18 (a) IN GENERAL.—Section 310001(b) of the Violent

19 Crime Control and Law Enforcement Act of 1994 (42

20 U.S.C. 14211(b)) is amended—

21 (1) in paragraph (5), by striking ‘‘and’’ at the

22 end;

23 (2) in paragraph (6), by striking the period at

24 the end and inserting a semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(7) for fiscal year 2001, $4,400,000,000; and

2 ‘‘(8) for fiscal year 2002, $4,500,000,000.’’.

3 (b) CONFORMING DISCRETIONARY SPENDING CAP

4 REDUCTION.—Upon enactment of this Act, the discre5 tionary spending limits for fiscal years 2001 and 2002 set

6 forth in section 251(c) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985 (2 U.S.C. 901(c)) are

8 reduced as follows:

9 (1) For fiscal year 2001, $4,400,000,000 in

10 new budget authority and $5,981,000,000 in out11 lays.

12 (2) For fiscal year 2002, $4,500,000,000 in

13 new budget authority and $4,530,000,000 in out14 lays.

Æ