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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1854 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1854

   To amend Federal criminal law with respect to the prosecution of 
 violent and repeat juvenile offenders and controlled substances, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1996

   Mr. Ashcroft for Mr. Dole (for himself, Mr. Hatch, Mr. Lott, Mr. 
Ashcroft, Mr. Grassley, and Mr. Inhofe) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend Federal criminal law with respect to the prosecution of 
 violent and repeat juvenile offenders and controlled substances, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent and Repeat 
Juvenile Offender Reform Act of 1996''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--JUVENILE JUSTICE REFORM ACT OF 1996

Sec. 101. Short title.
Sec. 102. Findings and declaration of purposes.
Sec. 103. Treatment of juvenile offenders.
Sec. 104. Capital cases.
Sec. 105. Definitions.
Sec. 106. Notification after arrest.
Sec. 107. Detention prior to disposition.
Sec. 108. Speedy trial.
Sec. 109. Dispositional hearings.
Sec. 110. Use of juvenile records.
Sec. 111. Repeals
Sec. 112. Admissibility of certain evidence.
Sec. 113. Increased mandatory minimum sentences for criminals 
                            possessing firearms.
Sec. 114. Injunctions to protect safe public enjoyment of Federal 
                            lands.
Sec. 115. Armed Career Criminal Act predicates: serious juvenile 
                            delinquency drug trafficking adjudications.
Sec. 116. Incarceration of violent offenders.
Sec. 117. Sentencing guidelines.
Sec. 118. Mandatory minimum prison sentences for persons who use minors 
                            in drug trafficking activities or sell 
                            drugs to minors.
              TITLE II--FEDERAL GANG VIOLENCE ACT OF 1996

Sec. 201. Short title.
Sec. 202. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 203. Amendment of title 18 with respect to criminal street gangs.
Sec. 204. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 205. Solicitation or recruitment of persons in criminal gang 
                            activity.
Sec. 206. Crimes involving the use of minors as RICO predicates.
Sec. 207. Transfer of firearms to minors for use in crime.
Sec. 208. Penalties.
Sec. 209. Serious juvenile drug offenses as Armed Career Criminal Act 
                            predicates.
Sec. 210. Increase in time limits for juvenile proceedings.
Sec. 211. Applying racketeering offenses to alien smuggling and 
                            firearms offenses.
Sec. 212. Additional prosecutors.
         TITLE III--FEDERAL YOUTH VIOLENCE CONTROL ACT OF 1996

Sec. 301. Short title.
Sec. 302. Amendments to the Juvenile Justice and Delinquency Prevention 
                            Act of 1974.
Sec. 303. Transfer of functions and savings provisions.
        TITLE IV--FEDERAL YOUTH VIOLENCE PREVENTION ACT OF 1996

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Allocation of funding.
Sec. 406. State application.
Sec. 407. Local application.
Sec. 408. Distribution to grant recipients.
Sec. 409. Reallotment and reallocation.
Sec. 410. Authorizations of appropriations.
Sec. 411. Uses of funds.
Sec. 412. Repeal of unnecessary and duplicative programs.
Sec. 413. Civil monetary penalty surcharge.
Sec. 414. Housing juvenile offenders.
Sec. 415. Funding source.

              TITLE I--JUVENILE JUSTICE REFORM ACT OF 1996

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Juvenile Justice Reform Act of 
1996''.

SEC. 102. FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) at the outset of the 20th century, the States adopted 2 
        separate juvenile justice systems for violent and nonviolent 
        offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were an unknown phenomenon at that 
        time, but the rate at which juveniles commit such crimes has 
        escalated astronomically since that time;
            (3) in 1994--
                    (A) the number of persons arrested overall for 
                murder in the United States decreased by 5.8 percent, 
                but the number of persons under 15 years of age 
                arrested for murder increased by 4 percent; and
                    (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons under 15 years of age arrested for violent 
                crimes increased by 9.2 percent, and the number of 
                persons under 18 arrested for such crimes increased by 
                6.5 percent;
            (4) from 1985 to 1996, the number of persons arrested for 
        all violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
            (5) the number of juvenile offenders is expected to undergo 
        a massive increase during the first 2 decades of the 21st 
        century, culminating in an unprecedented number of violent 
        offenders under the age of 18;
            (6) the rehabilitative model of sentencing for juveniles, 
        which the Congress rejected for adult offenders when it enacted 
        the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with violent and repeat juvenile 
        offenders;
            (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting all such offenders as adults, 
        but should not impose specific strategies or programs on the 
        States;
            (8) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and DNA evidence, as 
        well as greater sharing of such information among Federal, 
        State, and local agencies, including the courts, in the law 
        enforcement and educational systems;
            (9) data regarding violent juvenile offenders must be made 
        available to the adult criminal justice system if recidivism by 
        criminals is to be addressed adequately;
            (10) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (12) the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles is, and 
        should remain, primarily the responsibility of the States, to 
        be carried out without interference from the Federal 
        Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to reform juvenile law so that the paramount concerns 
        of the juvenile justice system are providing for the safety of 
        the public and holding the juvenile wrongdoer accountable for 
        his or her actions, while providing the wrongdoer a genuine 
        opportunity for self-reform;
            (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders;
            (3) to address specifically the problem of violent crime 
        and controlled substance offenses committed by youth gangs; and
            (4) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by the States to ensure that 
        the victims of crimes of violence committed by juveniles 
        receive the same level of justice as do victims of violent 
        crimes that are committed by adults.

SEC. 103. TREATMENT OF JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--A juvenile who has attained his or her 13th 
birthday and who is alleged to have committed an act of juvenile 
delinquency which, if committed by an adult, would be a felony offense, 
shall be tried in the appropriate district court of the United States--
            ``(1) as an adult--
                    ``(A) if the offense charged is a crime of 
                violence, as defined in section 16 of this title, 
                including murder and rape, or an offense described in 
                section 401 of the Controlled Substances Act (21 U.S.C. 
                841) or section 1002(a), 1003, 1005, 1009, or paragraph 
                (1), (2), or (3) of section 1010(b) of the Controlled 
                Substances Import and Export Act (21 U.S.C. 952(a), 
                953, 955, 959, 960(b) (1), (2), (3)), subsection (b), 
                (g), or (h) of section 924 of this title, or section 
                922(x) of this title;
                    ``(B) if the juvenile who is alleged to have 
                committed the offense--
                            ``(i) previously has been found guilty of 3 
                        prior felonies, committed on occasions 
                        different from one another, under Federal or 
                        State law; or
                            ``(ii) has been adjudicated a juvenile 
                        delinquent under Federal or State law for 3 
                        prior offenses, committed on occasions 
                        different from one another, that would have 
                        been felonies if the juvenile had been tried as 
                        an adult; or
                    ``(C) at the discretion of the United States 
                Attorney having lawful jurisdiction of the offense, 
                upon a finding by the United States Attorney, which 
                finding shall not be subject to review in or by any 
                court, that there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction; and
            ``(2) in all other cases, as a juvenile.
    ``(b) Referrals by United States Attorney.--
            ``(1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of a charged 
        offense, as outlined in subsection (a)(2), that United States 
        Attorney may refer the matter to the appropriate legal 
        authorities of the appropriate State or Indian tribe.
            ``(2) Definitions.--For purposes of this section--
                    ``(A) the term `State' includes a State of the 
                United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States; and
                    ``(B) the term `Indian tribe' has the same meaning 
                as in section 4(e) of the Indian Self-Determination and 
                Education Assistance Act.
    ``(c) Applicable Procedures.--Cases prosecuted in a district court 
of the United States under this section--
            ``(1) shall proceed in the same manner as is required by 
        this title and by the Federal Rules of Criminal Procedure in 
        proceedings against an adult in the case of a juvenile who is 
        being tried as an adult in accordance with subsection (a); and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(d) Capital Cases.--In the event that a juvenile is tried and 
sentenced as an adult, the juvenile shall be subject to being sentenced 
to death on the same terms as an adult.
    ``(e) Application of Laws.--In any case in which a juvenile is 
prosecuted in a district court of the United States as an adult, the 
juvenile shall be subject to the same laws, rules, and proceedings 
regarding sentencing that would be applicable in the case of an adult, 
and no juvenile sentenced to a term of imprisonment shall be released 
from custody simply because the juvenile reaches the age of 18 years.
    ``(f) Open Proceedings.--Any offenses tried in a district court of 
the United States pursuant to this section shall be open to the general 
public, in accordance with rules 10, 26, and 31(a) of the Federal Rules 
of Criminal Procedure, unless good cause is established by the moving 
party or is otherwise found by the court, for closure.
    ``(g) Availability of Records.--In making a determination 
concerning the prosecution of a juvenile in a district court of the 
United States, subject to the requirements of section 5038 of this 
chapter, the United States Attorney shall have complete access to the 
prior Federal juvenile records of the subject juvenile. In all cases in 
which a juvenile is found guilty in an action pursuant to this section, 
the district court responsible for imposing sentence may consider the 
defendant's entire prior juvenile record. The United States Attorney 
may release such records to law enforcement authorities of any 
jurisdiction and to officials of any school, school district, or 
postsecondary school where the individual who is the subject of the 
juvenile record is enrolled or seeks, intends, or is instructed to 
enroll, if such school officials are held liable to the same standards 
and penalties to which law enforcement and juvenile justice system 
employees are held liable under Federal and State law, for the handling 
and disclosure of such information.''.

SEC. 104. CAPITAL CASES.

    (a) Age Requirement.--Section 3591 of title 18, United States Code, 
is amended by striking ``18 years'' each place that term appears and 
inserting ``16 years''.
    (b) Aggravating Factors.--Section 3592(c) of title 18, United 
States Code, is amended by inserting immediately after paragraph (15) 
the following:
            ``(16) Other circumstances.--With regard to the capital 
        offense--
                    ``(A) the victim was a custodial parent or legal 
                guardian of a child under the age of 18 years;
                    ``(B) the offense was committed by a person 
                imprisoned as a result of a felony conviction;
                    ``(C) the offense was committed for the purpose of 
                disrupting or hindering the lawful exercise of any 
                government or political function;
                    ``(D) the victim was found to have been murdered 
                due to his or her association with a particular group, 
                gang, organization, or other entity;
                    ``(E) the offense was committed by a person 
                unlawfully at liberty after being sentenced to 
                imprisonment as a result of a felony conviction;
                    ``(F) the offense was committed by means of a 
                destructive device, bomb, explosive, or similar device 
                which the defendant planted, hid, or concealed in any 
                place, area, dwelling, building, or structure, or 
                mailed or delivered, or caused to be planted, hidden, 
                concealed, mailed, or delivered, and the defendant knew 
                that his or her act or acts would create a great risk 
                of death to human life;
                    ``(G) the offense was committed for the purpose of 
                avoiding or preventing an arrest or effecting an escape 
                from custody;
                    ``(H) the victim was a current or former judge or 
                judicial officer of any civilian, military, or tribal 
                court of record in the United States or its 
                territories, a law enforcement officer or official, and 
                the murder was intentionally carried out in retaliation 
                for, or to prevent the performance of, the victim's 
                official duties;
                    ``(I) the defendant has been convicted of more than 
                one offense of murder in the first or second degree;
                    ``(J) the victim was a witness--
                            ``(i) to a crime who was intentionally 
                        killed for the purpose of preventing his or her 
                        testimony in any judicial or administrative 
                        proceeding, and the killing was not committed 
                        during the commission or attempted commission 
                        of the crime to which he or she was a witness; 
                        or
                            ``(ii) in a judicial or administrative 
                        proceeding and was intentionally killed in 
                        retaliation for his or her testimony in such 
                        proceeding;
                    ``(K) the victim was an elected or appointed 
                official or former official of the Federal Government, 
                or of State, local, or tribal government, and the 
                killing was intentionally carried out in retaliation 
                for, or to prevent the performance of, the victim's 
                official duties;
                    ``(L) the defendant intentionally killed the victim 
                while lying in wait;
                    ``(M) the victim was intentionally killed because 
                of his or her race, color, gender, religion, 
                nationality, or country of origin;
                    ``(N) the victim was a juror in any court of record 
                in the local, State, or Federal system in any State or 
                judicial district, and the murder was intentionally 
                carried out in retaliation for, or to prevent the 
                performance of, the victim's official duties;
                    ``(O) the murder was intentional and was 
                perpetrated by means of discharging a firearm from a 
                motor vehicle, whether or not it was moving, 
                intentionally at another person or persons outside the 
                vehicle;
                    ``(P) the murder was committed against a person who 
                was held or otherwise detained as a shield or hostage;
                    ``(Q) the murder was committed against a person who 
                was held or detained by the defendant for ransom or 
                reward;
                    ``(R) the defendant caused or directed another to 
                commit murder or committed murder as an agent or 
                employee of another person;
                    ``(S) the victim was pregnant;
                    ``(T) the victim was handicapped or severely 
                disabled;
                    ``(U) the victim was 62 years of age or older;
                    ``(V) the victim was a child 16 years of age or 
                younger;
                    ``(W) the murder was committed on the property or 
                grounds of a school or academic institution;
                    ``(X) the victim was a teacher, lecturer, or 
                official at a school or academic institution and was 
                intentionally murdered by the defendant or at the 
                direction of the defendant as a result of the victim's 
                occupation;
                    ``(Y) at the time of the killing, the victim was or 
                had been a nongovernmental informant or had otherwise 
                provided any investigative, law enforcement, or police 
                agency with information concerning criminal activity, 
                and the killing was in retaliation for the victim's 
                activities as a nongovernmental informant or in 
                providing information concerning criminal activity to 
                an investigative, law enforcement, or police agency;
                    ``(Z) the murder was committed for the purpose of 
                interfering with the victim's free exercise or 
                enjoyment of any right, privilege, or immunity 
                protected by the first amendment to the Constitution of 
                the United States or because the victim exercised or 
                enjoyed said right;
                    ``(AA) the defendant has previously been convicted 
                of a felony involving a firearm;
                    ``(BB) the defendant previously was convicted of an 
                offense for which a sentence of death or life 
                imprisonment was authorized;
                    ``(CC) the defendant previously was convicted of 2 
                or more Federal or State offenses, punishable by a term 
                of imprisonment of more than 1 year, committed on 
                different occasions;
                    ``(DD) the defendant previously was convicted of 
                violating title II or III of the Controlled Substances 
                Act, for which a sentence of 5 or more years could be 
                imposed;
                    ``(EE) the murder was committed in the presence of 
                immediate family members of the victim;
                    ``(FF) evidence from the murder indicates that it 
                was carried out in furtherance of a sadistic, demonic, 
                or other type of ritual;
                    ``(GG) the murder was committed by the defendant 
                during the hijacking of an aircraft, ship, or any other 
                air, land, or seafaring vessel, bus, train, or any 
                other public or commercial mode or means of 
                transportation;
                    ``(HH) the victim was a member of the medical 
                profession, to include ambulance drivers or personnel, 
                who at the time of the murder were in the performance 
                of their duties in such capacity; and
                    ``(II) the victim was employed in a jail, 
                correctional facility, or halfway house, and was 
                murdered while in the lawful performance of his or her 
                duties or in retaliation for the lawful performance of 
                his or her duties.''.
    (c) Death During Commission of Another Crime.--Section 3592(c)(1) 
of title 18, United States Code, is amended by striking ``of, or during 
the immediate flight from the commission of,'' and inserting ``of a 
felony, or during the immediate flight from the commission of a felony, 
including''.

SEC. 105. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``For purposes of this chapter--
            ``(1) the term `juvenile' means a person who has not 
        attained his or her eighteenth birthday; and
            ``(2) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a person prior to 
        his or her eighteenth birthday, which would have been a crime 
        if committed by an adult.''.

SEC. 106. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended in the 
first sentence, by striking ``Attorney General'' and inserting ``United 
States Attorney of the appropriate jurisdiction''.

SEC. 107. DETENTION PRIOR TO DISPOSITION.

    Section 5035 of title 18, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``A 
        juvenile''; and
            (2) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--Notwithstanding subsection 
(a), a juvenile who is to be tried as an adult pursuant to section 5032 
shall be subject to detention in accordance with chapter 203 of this 
title in the same manner and to the same extent as an adult would be 
subject to the provisions of that chapter.''.

SEC. 108. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by inserting ``(a) Juvenile Trials.--'' before ``If an 
        alleged'';
            (2) by striking ``Attorney General'' and inserting ``United 
        States Attorney for the appropriate jurisdiction'';
            (3) by striking ``Except in'' and all that follows through 
        the period; and
            (4) by adding at the end the following:
    ``(b) Juveniles Tried as Adults.--Notwithstanding subsection (a), 
the provisions of chapter 208 of this title shall apply in any case in 
which a juvenile is tried as an adult pursuant to section 5032 in the 
same manner and to the same extent as an adult would be subject to the 
provisions of that chapter.''.

SEC. 109. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking the first sentence and 
        inserting the following: ``In any case in which a juvenile is 
        found to be a juvenile delinquent in district court pursuant to 
        section 5032, but is not tried as an adult under that section, 
        the court shall hold a disposition hearing concerning the 
        appropriate disposition not later than 20 days after the 
        hearing in which a finding of juvenile delinquency is made, 
        unless the court has ordered further study pursuant to 
        subsection (d).'';
            (2) in subsection (b), by striking ``extend--'' and all 
        that follows through ``The provisions'' and inserting the 
        following: ``extend, in the case of a juvenile, beyond the 
        maximum term that would be authorized by section 3561(b), if 
        the juvenile had been tried and convicted as an adult. The 
        provisions.'';
            (3) in subsection (c), by striking ``extend--'' and all 
        that follows through ``Section 3624'' and inserting the 
        following: ``extend beyond the maximum term of imprisonment 
        that would be authorized if the juvenile had been tried and 
        convicted as an adult. Section 3624''; and
            (4) by redesignating subsection (d) as subsection (e) and 
        by inserting after subsection (c) the following new subsection:
    ``(d) If a juvenile has been tried and convicted as an adult, or 
adjudicated delinquent for any offense in which he or she is otherwise 
tried pursuant to section 5032, the restitution provisions contained in 
this title and title 21, including sections 3663A, 2248, 2259, 2264, 
and 2327, shall apply to that juvenile in the same manner and to the 
same extent as those provisions would apply to an adult.''.

SEC. 110. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and'';
                    (C) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) inquiries from an educational institution for the 
        purpose of ensuring the public safety and security at such 
        institution.''; and
                    (D) by striking ``Unless'' and inserting the 
                following:
    ``(c) Unless'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (3) by inserting immediately after subsection (a) the 
        following new subsection:
    ``(b) Notwithstanding subsection (a), in determining the 
appropriate disposition of a juvenile matter under section 5032, the 
responsible United States Attorney shall have complete access to the 
official records of the juvenile proceedings conducted under this 
title.'';
            (4) by inserting after subsection (e), as redesignated, the 
        following new subsection:
    ``(f) In any case in which a juvenile is tried as an adult, access 
to the record of the offenses of the juvenile shall be made available 
in the same manner as is applicable to adult defendants.'';
            (5) by striking ``(d) Whenever'' and all that follows 
        through ``adult defendants.'' and inserting the following:
    ``(g) Fingerprints and photographs of a juvenile--
            ``(1) who is prosecuted as an adult shall be made available 
        in the same manner as is applicable to an adult defendant; and
            ``(2) who is not prosecuted as an adult shall be made 
        available only as provided in subsection (a).'';
            (6) by striking ``(e) Unless,'' and inserting ``(h) 
        Unless'';
            (7) by striking ``(f) Whenever'' and inserting ``(i) 
        Whenever''; and
            (8) in subsection (i), as redesignated--
                    (A) by striking ``of committing an act'' and all 
                that follows through ``5032 of this title'' and 
                inserting ``by a district court of the United States 
pursuant to section 5032 of committing an act''; and
                    (B) by inserting ``involved a juvenile tried as an 
                adult or'' before ``were juvenile adjudications''.

SEC. 111. REPEALS.

    Title 18, United States Code, is amended--
            (1) by striking sections 5001 and 5002; and
            (2) by redesignating section 5003 as section 5001.

SEC. 112. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) Generally.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        it was obtained in violation of a statute, an administrative 
        rule or regulation, or a rule of procedure unless exclusion is 
        expressly authorized by statute or by a rule prescribed by the 
        Supreme Court pursuant to statutory authority.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence which is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively reasonable belief that the search or seizure was in 
        conformity with the statute, administrative rule or regulation, 
        or rule of procedure, the violation of which occasioned its 
        being excludable.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding. 
Nothing in this section shall be construed so as to violate the fourth 
article of amendments to the Constitution of the United States.
    ``(d) Liberal Construction.--The provisions of this section shall 
be liberally construed to effectuate its remedial purposes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.

SEC. 113. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS 
              POSSESSING FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended to 
read as follows:
    ``(c)(1)(A) Except to the extent that a greater minimum sentence is 
otherwise provided by any other provision of this subsection or any 
other law, a person who, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which a person may be prosecuted in a court of the United States, uses, 
carries, or possesses a firearm shall, in addition to the punishment 
provided for such crime of violence or drug trafficking crime--
            ``(i) be punished by imprisonment for not less than 10 
        years;
            ``(ii) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years;
            ``(iii) if the firearm is a machinegun or a destructive 
        device, or is equipped with a firearm silencer or firearm 
        muffler, be punished by imprisonment for not less than 30 
        years; and
            ``(iv) if the death of a person results, be punished by the 
        death penalty or by imprisonment for life.
    ``(B) In the case of a second or subsequent conviction of a person 
under this subsection, such person shall be sentenced to imprisonment 
for not less than 35 years, and if, in such a case, the death of a 
person results, such person shall be punished by the death penalty or 
by imprisonment for life.
    ``(C) Notwithstanding any other provision of law, the court shall 
not place on probation or suspend the sentence of any person convicted 
of a violation of this subsection, nor shall the term of imprisonment 
imposed under this subsection run concurrently with any other term of 
imprisonment including that imposed for the crime of violence or drug 
trafficking crime in which the firearm was possessed.''.

SEC. 114. INJUNCTIONS TO PROTECT SAFE PUBLIC ENJOYMENT OF FEDERAL 
              LANDS.

    Title 28, United States Code, is amended by inserting after section 
519 the following new section:
``Sec. 519A. Injunctions to protect safe public enjoyment of Federal 
              lands
    ``(a) Action by Attorney General.--The Attorney General may 
commence a civil action against any person who, without lawful 
authority or permission, engages in activity that is injurious to 
health, indecent, destructive, or threatening, such that the activity 
is likely to cause unreasonable interference with the public enjoyment 
of national parks, national forests, navigable waters, or public lands.
    ``(b) Injunction.--
            ``(1) In general.--Upon a finding that a person against 
        whom the Attorney General has commenced an action under 
        subsection (a) has engaged in activity that is injurious to 
        health, indecent, destructive, or threatening, such that the 
        activity is likely to cause unreasonable interference with the 
        public enjoyment of national parks, national forests, navigable 
        waters, or public lands, the district court shall enter an 
        injunction of a scope appropriate to prohibit such activity by 
        the defendant.
            ``(2) Authority to prohibit certain activities.--An 
        injunction under paragraph (1) may, upon an appropriate showing 
        consistent with the equitable powers of the district court, 
        include prohibition within the subject national park, national 
        forest, navigable water, or public land in question, of--
                    ``(A) standing, sitting, walking, driving, 
                gathering, or appearing in public view, together with 
                any other persons as to whom the court makes a finding 
                as set forth in this paragraph;
                    ``(B) drinking alcoholic beverages in public, other 
                than consumption on lawfully licensed premises, or 
                using illegal drugs;
                    ``(C) possessing any weapons, including knives, 
                daggers, clubs, nunchakus, bb guns, firearms, or other 
                objects capable of inflicting serious bodily injury;
                    ``(D) using or possessing marker pens, spray paint, 
                paint cans, nails, razor blades, screwdrivers, or other 
                objects capable of defacing public or private property;
                    ``(E) blocking free ingress and egress to public 
                sidewalks, streets, or driveways;
                    ``(F) in any manner confronting, intimidating, 
                harassing, or assaulting other persons;
                    ``(G) causing, encouraging, or participating in the 
                use, possession, or sale of narcotics;
                    ``(H) using or possessing beepers or pagers in any 
                public place;
                    ``(I) possessing channel lock pliers, picks, wire 
                cutters, dent pullers, or other devices capable of 
                being used to break into locked vehicles;
                    ``(J) signalling to or acting as a lookout for 
                other persons to warn of the approach of police 
                officers, or soliciting, encouraging, or employing 
                others to do the same;
                    ``(K) climbing any tree, wall, or fence, or passing 
                through any wall or fence by using tunnels or other 
                holes in such structures; and
                    ``(L) making, causing, or encouraging others to 
                make loud noises or any kind, including yelling and 
                loud music.
    ``(c) Enforcement.--The district court shall have the power to 
enforce injunctions granted under this section, including the exercise 
of contempt power and imposition of fines not to exceed $10,000 for 
each violation of the court's order.''.

SEC. 115. ARMED CAREER CRIMINAL ACT PREDICATES: SERIOUS JUVENILE 
              DELINQUENCY DRUG TRAFFICKING ADJUDICATIONS.

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

SEC. 116. INCARCERATION OF VIOLENT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended--
            (1) by designating the first 3 undesignated paragraphs as 
        subsections (a) through (c), respectively; and
            (2) by adding at the end the following new subsection:
    ``(d) The Bureau of Prisons is directed to ensure that juveniles 
convicted of violent offenses are incarcerated with other juveniles who 
also have committed violent offenses.''.

SEC. 117. SENTENCING GUIDELINES.

    Section 994 of title 28, United States Code, is amended--
            (1) in subsection (h), by inserting ``, or in those cases 
        in which a juvenile is tried as an adult,'' after ``old or 
        older''; and
            (2) by adding at the end the following new subsection:
    ``(z) The Commission shall promulgate guidelines, or shall amend 
existing guidelines, to provide that a defendant found guilty of 
committing an offense in which the victim of the offense was under the 
age of 10 years old, or in which the defendant is found guilty of 
having committed, attempted to commit, or conspired to commit sexual 
assault or aggravated sexual assault in which the offense in any manner 
involved the use of a controlled substance, shall receive an enhanced 
sentence.''.

SEC. 118. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO USE MINORS 
              IN DRUG TRAFFICKING ACTIVITIES OR SELL DRUGS TO MINORS.

    (a) Employment of Person Under 18 Years of Age.--Section 420 of the 
Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) in subsection (b), by striking the second sentence and 
        by adding at the end the following: ``Except to the extent that 
        a greater minimum sentence is otherwise provided, a term of 
        imprisonment of a person 21 or more years of age convicted of 
        drug trafficking under this subsection shall be not less than 
        10 years, and a term of imprisonment of a person between the 
        ages of 18 and 21 convicted of drug trafficking under this 
        subsection shall be not less than 3 years. Notwithstanding any 
        other provision of law, the court shall not place on probation 
        or suspend the sentence of any person sentenced under the 
        preceding sentence.''; and
            (2) in subsection (c)--
                    (A) by striking ``one year'' and inserting ``6 
                years'';
                    (B) by inserting after the second sentence the 
                following: ``Except to the extent that a greater 
                minimum sentence is otherwise provided, a term of 
                imprisonment of a person 21 or more years of age 
                convicted of drug trafficking under this subsection 
                shall be a mandatory term of life imprisonment. 
                Notwithstanding any other provision of law, the court 
                shall not place on probation or suspend the sentence of 
                any person sentenced under the preceding sentence.''; 
                and
                    (C) in the third sentence, by striking 
                ``Penalties'' and inserting: ``Except to the extent 
                that a greater minimum sentence is otherwise 
                provided,''.
    (b) Mandatory Minimum Prison Sentences for Persons Convicted of 
Distribution of Drugs to Minors.--
            (1) In general.--Section 418 of the Controlled Substances 
        Act (21 U.S.C. 859) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``eighteen'' and inserting 
                        ``21'';
                            (ii) by striking ``twenty-one'' and 
                        inserting ``18'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``not less than 10 
                        years''; and
                            (iv) by striking the last sentence;
                    (B) in subsection (b)--
                            (i) by striking ``eighteen'' and inserting 
                        ``21'';
                            (ii) by striking ``twenty-one'' and 
                        inserting ``18'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``a mandatory term of life 
                        imprisonment''; and
                            (iv) by striking the last sentence;
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Offenses Involving Small Quantities of Marijuana.--The 
mandatory minimum sentencing provisions of this section shall not apply 
to offenses involving five grams or less of marijuana.''; and
                    (D) in the section heading, by striking ``twenty-
                one'' and inserting ``18''.
            (2) Technical amendment.--The table of contents for the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 is 
        amended in the item relating to section 418 by striking 
        ``twenty-one'' and inserting ``18''.
    (c) Penalties for Drug Offenses in Drug-Free Zones.--
            (1) Repeal.--Section 90102 of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 14051) is repealed.
            (2) Increased penalties.--Section 419 of the Controlled 
        Substances Act (21 U.S.C. 860) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``not less than one year'' 
                        and inserting ``not less than 5 years''; and
                            (ii) by striking the last sentence;
                    (B) in subsection (b), by striking ``not less than 
                three years'' and inserting ``not less than 10 years'';
                    (C) by redesignating subsections (c), (d), and (e) 
                as subsections (d), (e), and (f), respectively; and
                    (D) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Offenses Involving Small Quantities of Marijuana.--The 
mandatory minimum sentencing provisions of this section shall not apply 
to offenses involving 5 grams or less of marijuana.''.

              TITLE II--FEDERAL GANG VIOLENCE ACT OF 1996

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Gang Violence Act of 
1996''.

SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A 
              GANG MEMBER.

    (a) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 3 of the Federal 
        Sentencing Guidelines so that, except with respect to 
        trafficking in cocaine base, if a defendant was a member of a 
        criminal street gang at the time of the offense, the offense 
        level is increased by 6 levels
            (2) Construction with other guidelines.--The amendment made 
        pursuant to paragraph (1) shall provide that the increase in 
        the offense level shall be in addition to any other adjustment 
        under chapter 3 of the Federal Sentencing Guidelines.
            (3) Definition.--For purposes of this section, the term 
        ``criminal street gang'' has the meaning given that term in 
        section 521(a) of title 18, United States Code, as amended by 
        section 203 of this title.

SEC. 203. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.

    Section 521 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Definitions.--'' and 
                inserting ``(a) Definitions.--For purposes of this 
                section the following definitions shall apply.'';
                    (B) by striking ```conviction''' and inserting the 
                following:
            ``(1) Conviction.--The term `conviction''';
                    (C) in paragraph (1), as so designated, by striking 
                ``violent or controlled substances felony'' and 
                inserting ``predicate gang crime''; and
                    (D) by striking ```criminal street gang''' and all 
                that follows through the end of the subsection and 
                inserting the following:
            ``(2) Criminal street gang.--The term `criminal street 
        gang' means an ongoing group, club, organization, or 
        association of 3 or more persons, whether formal or informal--
                    ``(A) a primary activity of which is the commission 
                of 1 or more predicate gang crimes;
                    ``(B) the members of which engage, or have engaged 
                during the 5-year period preceding the date in 
                question, in a pattern of criminal activity involving 1 
                or more predicate gang crimes; and
                    ``(C) the activities of which affect interstate or 
                foreign commerce.
            ``(3) Pattern of criminal activity.--The term `pattern of 
        criminal activity' means the commission of 2 or more predicate 
        gang crimes--
                    ``(A) at least 1 of which was committed after the 
                date of enactment of the Federal Gang Violence Act of 
                1996;
                    ``(B) the last of which was committed not later 
                than 3 years after the commission of another predicate 
                gang crime; and
                    ``(C) which were committed on occasions different 
                from one another.
            ``(4) Predicate gang crime.--The term `predicate gang 
        crime' means--
                    ``(A) an offense described in subsection (c);
                    ``(B) a State offense--
                            ``(i) involving a controlled substance (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)) for which the 
                        maximum penalty is imprisonment for not less 
                        than 5 years; or
                            ``(ii) that is a felony crime of violence 
                        that has as an element the use or attempted use 
                        of physical force against the person of 
                        another;
                    ``(C) any Federal or State felony offense that by 
                its nature involves a substantial risk that physical 
                force against the person of another may be used in the 
                course of committing the offense, including--
                            ``(i) assault with a deadly weapon;
                            ``(ii) homicide or manslaughter;
                            ``(iii) shooting at an occupied dwelling or 
                        motor vehicle;
                            ``(iv) kidnapping;
                            ``(v) carjacking;
                            ``(vi) robbery;
                            ``(vii) drive-by-shooting;
                            ``(viii) tampering with or retaliating 
                        against a witness, victim, informant, or juror;
                            ``(ix) rape;
                            ``(x) mayhem;
                            ``(xi) torture; and
                            ``(xii) arson;
                    ``(D) any Federal or State offense that is--
                            ``(i) grand theft;
                            ``(ii) burglary;
                            ``(iii) looting;
                            ``(iv) felony extortion;
                            ``(v) possessing a concealed weapon;
                            ``(vi) grand theft auto;
                            ``(vii) money laundering;
                            ``(viii) felony vandalism;
                            ``(ix) unlawful sale of a firearm; or
                            ``(x) obstruction of justice; and
                    ``(E) a conspiracy, attempt, or solicitation to 
                commit any offense described in subparagraphs (A) 
                through (D).''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``continuing 
                series of offenses described in subsection (c)'' and 
                inserting ``pattern of criminal activity''; and
                    (B) in paragraph (3), by striking ``years for--'' 
                and all that follows through the end of the paragraph 
                and inserting ``years for a predicate gang crime.''.

SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL STREET GANGS.

    (a) Travel Act Amendments.--
            (1) Prohibited conduct and penalties.--Section 1952(a) of 
        title 18, United States Code, is amended to read as follows:
    ``(a) Whoever--
            ``(1) travels in interstate or foreign commerce or uses the 
        mail or any facility in interstate or foreign commerce, with 
        intent to--
                    ``(A) distribute the proceeds of any unlawful 
                activity;
                    ``(B) commit any crime of violence to further any 
                unlawful activity; or
                    ``(C) otherwise promote, manage, establish, carry 
                on, or facilitate the promotion, management, 
                establishment, or carrying on, of any unlawful 
                activity; and
            ``(2) thereafter performs, attempts to perform, or 
        conspires to perform--
                    ``(A) an act described in subparagraph (A) or (C) 
                of paragraph (1) shall be fined under this title, 
                imprisoned not more than 10 years, or both; or
                    ``(B) an act described in subparagraph (B) of 
                paragraph (1) shall be fined under this title, 
                imprisoned for not more than 20 years, or both, and if 
                death results from such Act, shall be sentenced to 
                death or be imprisoned for any term of years or for 
                life.''.
            (2) Unlawful activities.--Section 1952(b) of title 18, 
        United States Code, is amended to read as follows:
    ``(b) As used in this section--
            ``(1) the term `unlawful activity' means--
                    ``(A) activity of a criminal street gang as defined 
                in section 521 of this title;
                    ``(B) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances (as defined in 
                section 102(6) of the Controlled Substances Act (21 
                U.S.C. 802(6)), or prostitution offenses in violation 
                of the laws of the State in which the offense in 
                committed or of the United States;
                    ``(C) extortion; bribery; arson; robbery; burglary; 
                assault with a deadly weapon; retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants; assault resulting in bodily injury; 
                possession or trafficking of stolen property; 
                trafficking in firearms; kidnapping; alien smuggling; 
                shooting at an occupied dwelling or motor vehicle; or 
                insurance fraud; in violation of the laws of the State 
                in which the offense is committed or of the United 
                States; or
                    ``(D) any act that is indictable under subchapter 
                II of chapter 53 of title 31, United States Code, or 
                under section 1956 or 1957 of this title; and
            ``(2) the term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall amend chapter 2 of the Federal Sentencing Guidelines 
so that--
            (1) the base offense level for traveling in interstate or 
        foreign commerce in aid of a street gang or other racketeering 
        enterprise is increased to 12; and
            (2) the base offense level for the commission of a violent 
        crime in aid of a street gang or other racketeering enterprise 
        is increased to 24.

SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG 
              ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following new section:
``Sec. 522. Recruitment of persons to participate in criminal gang 
              activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to--
            ``(1) use any facility of, or travel in, interstate or 
        foreign commerce, or cause another to do so, to solicit, 
        request, induce, counsel, command, cause, or facilitate the 
        participation of, a person to participate in a criminal street 
        gang, or otherwise cause another to do so, or conspire to do 
        so; or
            ``(2) solicit, request, induce, counsel, command, cause, or 
        facilitate the participation of a person to engage in crime for 
        which such person may be prosecuted in a court of the United 
        States, or otherwise cause another to do do, or conspire to do 
        so.
    ``(b) Penalties.--A person who violates subsection (a) shall--
            ``(1)(A) if the person is a minor, be imprisoned for not 
        less than 4 years and not more than 10 years, fined not more 
        than $250,000, or both; or
            ``(B) if the person is not a minor, be imprisoned for not 
        less than 1 year and not more than 10 years, fined not more 
        than $250,000, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor reaches the 
        age of 18.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `criminal street gang' has the same meaning 
        given such term in section 521; and
            ``(2) the term `minor' means a person who is younger than 
        18 years of age.''.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall amend chapter 2 of the Federal Sentencing Guidelines 
so that the base offense level for recruitment of a minor to 
participate in a gang activity is 12.
    (c) Technical Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following new 
item:

``522. Recruitment of persons to participate in criminal gang 
                            activity.''.

SEC. 206. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(E)''; and
            (2) by inserting before the semicolon at the end of the 
        paragraph the following: ``, or (F) any offense against the 
        United States that is punishable by imprisonment for more than 
        1 year and that involved the use of a person under the age of 
        18 years in the commission of the offense''.

SEC. 207. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.

    Section 924(h) of title 18, United States Code, is amended by 
striking ``10 years, fined in accordance with this title, or both'' and 
inserting ``10 years, and if the transferee is a person who is under 18 
years of age, not less than 3 years; fined under this title; or both''.

SEC. 208. PENALTIES.

    Section 924(a) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (5), as added by section 
        110201(b)(2) of the Violent Crime Control and Law Enforcement 
        Act of 1994, as paragraph (6); and
            (2) in paragraph (6), as so redesignated--
                    (A) by striking subparagraph (A);
                    (B) in subparagraph (B)--
                            (i) by striking ``(B) A person other than a 
                        juvenile who knowingly'' and inserting ``(A) A 
                        person who knowingly'';
                            (ii) in clause (i), by striking ``1 year'' 
                        and inserting ``not less than 1 year and not 
                        more than 5 years''; and
                            (iii) in clause (ii), by inserting ``not 
                        less than 1 year and'' after ``imprisoned''; 
                        and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) Notwithstanding subparagraph (A), no mandatory 
        minimum sentence shall apply to a juvenile who is less than 13 
        years of age.''.

SEC. 209. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

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

SEC. 210. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.

    Section 5036 of title 18, United States Code, is amended by 
striking ``thirty'' and inserting ``70''.

SEC. 211. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND 
              FIREARMS OFFENSES.

    Section 1961(1) of title 18, United States Code, as amended by 
section 206 of this title, is amended by inserting before the semicolon 
at the end the following. ``, (G) any act, or conspiracy to commit any 
act, in violation of section 274(a)(1)(A), 277, or 278 of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or 
1328)''.

SEC. 212. ADDITIONAL PROSECUTORS.

    There are authorized to be appropriated $20,000,000 for each of 
fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of 
additional Assistant United States Attorneys to prosecute violent youth 
gangs.

         TITLE III--FEDERAL YOUTH VIOLENCE CONTROL ACT OF 1996

SEC. 301 SHORT TITLE.

    This title may be cited as the ``Federal Youth Violence Control Act 
of 1996''.

SEC. 302. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
              ACT OF 1974.

    (a) Findings and Declaration of Purpose.--Title I of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et 
seq.). is amended to read as follows:

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``The Congress finds that--
            ``(1) recent trends show an upsurge in arrests of 
        adolescents for murder, assault, and weapon use;
            ``(2) homicide rates for persons between 14 and 17 years of 
        age have increased 172 percent over the last 10 years;
            ``(3) the youth who commit the most serious and violent 
        offenses are becoming more violent;
            ``(4) the homicide rate for persons between 14 and 17 years 
        of age is 4 times the rate for adults;
            ``(5) understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities and inadequately trained staff in 
        such courts, services, and facilities are not able to provide 
        individualized justice or effective help;
            ``(6) current juvenile courts, foster and protective care 
        programs, and shelter facilities are inadequate to meet--
                    ``(A) the needs of children, who, because of this 
                failure to provide effective services, may become 
                delinquents; and
                    ``(B) the needs of society, because insufficient 
                sanctions are imposed on serious youth offenders;
            ``(7) existing programs have not adequately responded to 
        the particular problems of the increasing numbers of young 
        people who are addicted to or who abuse alcohol and other 
        drugs;
            ``(8) demographic increases projected in the number of 
        youth offenders require reexamination of the prosecution and 
        incarceration of serious violent youth offenders;
            ``(9) State and local communities that experience directly 
        the devastating failures of the juvenile justice system do not 
        presently have sufficient technical expertise or adequate 
        resources to deal comprehensively with the problems of juvenile 
        delinquency;
            ``(10) existing Federal programs have not provided the 
        direction, coordination, resources, and leadership required to 
        meet the crisis of delinquency;
            ``(11) despite more than 20 years of experience in 
        prosecuting juvenile offenders, rates of youth violence have 
        increased dramatically, requiring a change in the approach of 
        Federal efforts to address the problem;
            ``(12) the high incidence of delinquency in the United 
        States today results in enormous annual economic losses and 
        immeasurable loss of human life, personal security, and wasted 
        human resources; and
            ``(13) juvenile delinquency constitutes a growing threat to 
        the national welfare that requires immediate and comprehensive 
        action by the Federal Government.

``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ``(a) In General.--The purposes of this Act are--
            ``(1) to hold juveniles accountable for their acts;
            ``(2) to provide for the thorough and ongoing evaluation of 
        all Federal juvenile justice and delinquency prevention 
        programs;
            ``(3) to provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention programs;
            ``(4) to establish training programs for persons, including 
        professionals, paraprofessionals, and volunteers, who work with 
        delinquents or potential delinquents or whose work or 
        activities relate to juvenile delinquency programs;
            ``(5) to establish a centralized research effort on the 
        problems of juvenile delinquency, including the dissemination 
        of the findings of such research and all data related to 
        juvenile delinquency;
            ``(6) to develop and encourage the implementation of 
        national standards for the administration of juvenile justice, 
        including recommendations for administrative, budgetary, and 
        legislative action at the Federal, State, and local level to 
        facilitate the adoption of such standards;
            ``(7) to assist State and local communities with resources 
        to develop and implement programs to keep students in 
        elementary and secondary schools and to prevent unwarranted and 
        arbitrary suspensions and expulsions;
            ``(8) to establish a Federal assistance program to deal 
        with the problems of runaway and homeless youth;
            ``(9) to strengthen families in which juvenile delinquency 
        has been a problem, and to remove youth from families that 
        cannot provide them with the moral guidance and discipline 
        necessary to avoid becoming violent offenders;
            ``(10) to assist State and local governments in improving 
        the administration of justice and services for juveniles who 
        enter the system; and
            ``(11) to reduce the level of youth violence in each of the 
        States.
    ``(b) Statement of Policy.--It is the policy of the Congress to 
provide the necessary resources, leadership, and coordination--
            ``(1) to improve the quality of juvenile justice in the 
        United States; and
            ``(2) to provide resources to the States to combat youth 
        violence and effectively prosecute and punish violent youth 
        offenders.

``SEC. 103. DEFINITIONS.

    ``For purposes of this Act--
            ``(1) the term `Federal juvenile delinquency program' means 
        any juvenile delinquency program that is conducted, directly, 
        or indirectly, or is assisted by any Federal department or 
        agency, including any program funded under this Act;
            ``(2) the term `juvenile delinquency program' means any 
        program or activity related to the improvement of the juvenile 
        justice system;
            ``(3) the term--
                    ``(A) `Bureau of Justice Assistance' means the 
                bureau established by section 401 of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968;
                    ``(B) `Office of Justice Programs' means the office 
                established by section 101 of the Omnibus Crime Control 
                and Safe Streets Act of 1968;
                    ``(C) `National Institute of Justice' means the 
                institute established by section 202(a) of the Omnibus 
                Crime Control and Safe Streets Act of 1968; and
                    ``(D) `Bureau of Justice Statistics' means the 
                bureau established by section 302(a) of the Omnibus 
                Crime Control and Safe Streets Act of 1968;
            ``(4) the term `Administrator' means the Administrator of 
        the Bureau of Justice Assistance;
            ``(5) the term `law enforcement and criminal justice' means 
        any activity pertaining to crime prevention, control, or 
        reduction or the enforcement of the criminal law, including--
                    ``(A) police efforts to prevent, control, or reduce 
                crime or to apprehend criminals;
                    ``(B) activities of courts having criminal 
                jurisdiction and related agencies (including 
                prosecutorial and defender services); and
                    ``(C) activities of corrections, probation, or 
                parole authorities;
            ``(6) the term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Trust Territory of the Pacific Islands, the Virgin 
        Islands, Guam, American Samoa and the Commonwealth of the 
        Northern Mariana Islands;
            ``(7) the term `unit of general local government' means 
        any--
                    ``(A) city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) Indian tribe that performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                    ``(C) for the purpose of assistance eligibility, 
                any agency of the District of Columbia government 
                performing law enforcement functions in and for the 
                District of Columbia, and funds appropriated by the 
                Congress for the activities of such agency may be used 
                to provide the non-Federal share of the cost of 
                programs or projects funded under this title;
            ``(8) the term `construction' means acquisition, expansion, 
        remodeling, and alteration of existing buildings, and initial 
        equipment of any such buildings, or any combination of such 
        activities (including architects' fees but not the cost of 
        acquisition of land for buildings);
            ``(9) the term `secure detention facility' means any public 
        or private residential facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the temporary placement of any 
                juvenile who is accused of having committed an offense, 
                of any nonoffender, or of any other individual accused 
                of having committed a criminal offense;
            ``(10) the term `secure correctional facility' means any 
        public or private residential facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the placement, after adjudication 
                and disposition, of any juvenile who has been 
                adjudicated as having committed an offense, any 
                nonoffender, or any other individual convicted of a 
                criminal offense;
            ``(11) the term `serious crime' means--
                    ``(A) criminal homicide;
                    ``(B) forcible rape or other sex offenses 
                punishable as a felony;
                    ``(C) mayhem, kidnapping, aggravated assault, 
                robbery, larceny or theft punishable as a felony;
                    ``(D) motor vehicle theft;
                    ``(E) burglary or breaking and entering;
                    ``(F) extortion accompanied by threats of violence; 
                and
                    ``(G) arson punishable as a felony;
            ``(12) the term `treatment' includes medical and other 
        rehabilitative services designed to protect the public, 
        including any services designed to benefit addicts and other 
        users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling their dependence and 
                susceptibility to addiction or use;
            ``(13) the term `Indian tribe' means--
                    ``(A) a federally recognized Indian tribe; or
                    ``(B) an Alaska Native organization;
            ``(14) the term `home-based alternative services' means 
        services provided to a juvenile in the home of the juvenile as 
        an alternative to incarcerating the juvenile, and includes home 
        detention; and
            ``(15) the term `jail or lockup for adults' means a locked 
        facility that is used by a State, unit of local government, or 
        any law enforcement authority to detain or confine adults--
                    ``(A) pending the filing of a charge of violating a 
                criminal law;
                    ``(B) awaiting trial on a criminal charge; or
                    ``(C) convicted of violating a criminal law.''.
    (b) Youth Crime Control Block Grants.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended to read as follows:

              ``TITLE II--YOUTH CRIME CONTROL BLOCK GRANTS

``SEC. 201. YOUTH CRIME CONTROL BLOCK GRANTS.

    ``(a) In General.--The Administrator may make grants to eligible 
States and units of general local government or combinations thereof to 
assist them in planning, establishing, operating, coordinating, and 
evaluating projects directly or through grants and contracts with 
public and private agencies for the development of more effective 
prosecutions, trials, graduated sanctions, and programs to improve the 
juvenile justice system.
    ``(b) Use of Grants.--Grants under this section shall be used (1) 
to strengthen prosecution and punishment of youth offenders, such as 
imposition of graduated sanctions, hiring of prosecutors and judges, 
incarceration of violent offenders for extended periods of time 
(including up to the length of adult sentences, if necessary); (2) for 
prevention, treatment, and transitional programs that include 
evaluation components that measure the decrease in risk factors 
associated with the juvenile participants; or (3) to conduct research 
on the problems of juvenile delinquency.
    ``(c) Requirements.--To be eligible to receive a grant under this 
section, a State or unit of general local government--
            ``(1) shall make reasonable efforts, as certified by the 
        governor, to ensure that not later than January 1, 2002--
                    ``(A) proceedings involving juveniles tried as 
                adults will be open to the public;
                    ``(B) criminal records of juveniles tried as adults 
                will be available to the public on the same terms as 
                criminal records of adults;
                    ``(C) juvenile criminal records will be available 
                to schools and to law enforcement agencies; and
                    ``(D) fingerprint records will be kept for all 
                juvenile offenders;
            ``(2) shall not detain or confine juveniles alleged to be 
        or determined to be delinquent, or alleged to be or determined 
        to be guilty of an offense, in any institution in which the 
        juvenile has regular physical or personal contact with adult 
        persons who are incarcerated because they have been convicted 
        of a crime or are awaiting trial on criminal charges; and
            ``(3) shall ensure that religious organizations are 
        eligible, on the same basis as any other private organization, 
        to participate in, and to accept funds, certificates, vouchers, 
        or other forms of disbursement for such participation in, any 
        rehabilitative, assistance, or support program of any type for 
        juveniles, if such programs are implemented consistently with 
        the Constitution of the United States, and that such 
        organizations are not subject to discrimination on the ground 
        that they have a religious charter.
    ``(d) Allocation.--
            ``(1) In general.--Subject to paragraph (2) and in 
        accordance with regulations promulgated under this title, funds 
        shall be allocated annually among the States on the basis of 
        relative population of people under 18 years of age.
            ``(2) Exceptions.--The amount allocated to the Virgin 
        Islands of the United States, Guam, American Samoa, the Trust 
        Territory of the Pacific Islands, and the Commonwealth of the 
        Northern Mariana Islands shall be not less than $75,000 and not 
        more than $100,000.

``SEC. 202. NATIONAL PROGRAM.

    ``(a) In General.--The Bureau of Justice Assistance shall--
            ``(1) provide appropriate training to representatives of 
        public and private agencies and organizations with specific 
        experience in the prevention, treatment, and control of 
        juvenile delinquency; and
            ``(2) collect, prepare, and disseminate useful data 
        regarding the prevention, treatment, and control of juvenile 
        delinquency.
    ``(b) Additional Powers.--In addition to the other powers, express 
and implied, the Bureau of Justice Assistance may--
            ``(1) request any Federal agency to supply such statistics, 
        data, program reports, and other material as the National 
        Institute for Juvenile Justice deems necessary to carry out its 
        functions;
            ``(2) arrange with and reimburse the heads of Federal 
        agencies for the use of personnel or facilities or equipment of 
        such agencies;
            ``(3) confer with and avail itself of the cooperation, 
        services, records, and facilities of State, municipal, or other 
        public or private local agencies; and
            ``(4) make grants and enter into contracts with public or 
        private agencies, organizations, or individuals for the partial 
        performance of any functions of the Institute.
    ``(c) Cooperation With Federal Agencies.--Any Federal agency that 
receives a request from the Institute under subsection (b)(1) may 
cooperate with the Bureau of Justice Assistance and shall, to the 
maximum extent practicable, consult with and furnish information and 
advice to the Bureau of Justice Assistance.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Subject to subsection (b), there are authorized 
to be appropriated to carry out this title--
            ``(1) $150,000,000 for fiscal year 1997; and
            ``(2) such sums as may be necessary for fiscal years 1998, 
        1999, 2000, and 2001.
    ``(b) Restriction.--No amount is authorized to be appropriated for 
a fiscal year to carry out this title unless the aggregate amount 
appropriated to carry out this title for that fiscal year is not less 
than the aggregate amount appropriated to carry out this title for the 
preceding fiscal year.
    ``(c) Special Grants.--Of amounts made available to carry out this 
title in any fiscal year, the Administrator shall use--
            ``(1) 70 percent to make grants for the strengthening of 
        prosecution and punishment of youthful offenders;
            ``(2) 15 percent to make grants for prevention, treatment, 
        and transitional services;
            ``(3) 10 percent for grants for research; and
            ``(4) 5 percent for salaries and expenses of the Bureau of 
        Justice Assistance related to administering this title.''.
    (c) Runaway and Homeless Youth.--Section 385 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1997 and such sums as may be 
                necessary for fiscal years 1998, 1999, 2000, and 
                2001''; and
                    (B) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively;
            (2) in subsection (b), by striking ``1993 and such sums as 
        may be necessary for fiscal years 1994, 1995, and 1996'' and 
        inserting ``1997 and such sums as may be necessary for fiscal 
        years 1998, 1999, 2000, and 2001''; and
            (3) in subsection (c), by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1997, 1998, 1999, 2000, and 2001''.
    (d) Missing Children.--Title IV of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is 
amended--
            (1) in section 403, by striking paragraph (2) and inserting 
        the following:
            ``(2) the term `Administrator' means the Administrator of 
        the Bureau of Juvenile Justice.'';
            (2) in section 408, by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1997, 1998, 1999, 2000, and 2001''; and
            (3) by striking section 404.
    (e) Repeal.--Title V of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.

SEC. 303. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--For purposes of this section, unless otherwise 
provided or indicated by the context--
            (1) the term ``Administrator of the Office'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        Prevention;
            (2) the term ``Bureau of Justice Assistance'' means the 
        bureau established under section 401 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968;
            (3) the term ``Director'' means the Director of the Office 
        of Juvenile Accountability established under section (b);
            (4) the term ``Federal agency'' has the meaning given the 
        term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (5) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (6) the term ``Office of Juvenile Accountability'' means 
        the office established by subsection (b) of this section;
            (7) the term ``Office of Juvenile Justice and Delinquency 
        Prevention'' means the Office of Juvenile Justice and 
        Delinquency Prevention within the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act; and
            (8) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Establishment of Office.--There is established within the 
Bureau of Justice Assistance of the Department of Justice, the Office 
of Juvenile Accountability, which shall be administrated by a Director 
who is appointed by the Attorney General.
    (c) Transfer of Functions.--There are transferred to the Office of 
Juvenile Accountability established under subsection (b), all function 
that the Administrator of the Office exercised before the date of 
enactment of this Act (including all related functions of any officer 
or employee of the Office of Juvenile Justice and Delinquency 
Prevention) relating to carryinng out the Juvenile Justice and 
Delinquency Prevention Act of 1974.
    (d) Determinations of Certain Functions by the Office of Management 
and Budget.--If necessary, the Office of Management and Budget shall 
make any determination of the functions that are transferred under 
subsection (b)(11).
    (e) Personnel Provisions.--
            (1) appointments.--The Director may appoint and fix the 
        compensation of such officers and employees, including 
        investigators, attorneys, and administrative law judges, as may 
        be necessary to carry out the respective functions transferred 
        under this title. Except as otherwise provided by law, such 
        officers and employees shall be appointed in accordance with 
        the civil service laws and their compensation fixed in 
        accordance with title 5, United States Code.
            (2) Experts and consultants.--The Director may obtain the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, and compensate such 
        experts and consultants for each day (including travel time) at 
        rates not in excess of the rate of pay for level IV of the 
        Executive Schedule under section 5315 of such title. The 
        Director may pay experts and consultants who are serving away 
        from their homes or regular place of business travel expenses 
        and per diem in lieu of subsistence at rates authorized by 
        sections 5702 and 5703 of such title for persons in Government 
        service employed intermittently.
    (f) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided by this title, the Director may 
delegate any of the functions transferred to the Director by this title 
and any function transferred or granted to the Director after the date 
of enactment of this Act to such officers and employees of the Office 
of Juvenile Accountability as the Director may designate, and may 
authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the Director 
under this subsection or under any other provision of this title shall 
relieve the Director of responsibility for the administration of such 
functions.
    (g) Reorganization.--The Director is authorized to allocate or 
reallocate any function transferred under subsection (b) among the 
officers of the Office of Juvenile Accountability, and to establish, 
consolidate, alter, or discontinue such organizational entities in that 
Office as may be necessary or appropriate.
    (h) Rules.--The Director is authorized to prescribe, in accordance 
with the provisions of chapters 5 and 6 of title 5, United States Code, 
such rules and regulations as the Director determines necessary or 
appropriate to administer and manage the functions of the Office of 
Juvenile Accountability.
    (i) Transfer and Allocation of Appropriations and Personnel.--
Except as otherwise provided in this title, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this title, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Office of Juvenile 
Accountability. Unexpended funds transferred pursuant to this 
subsection shall be used only for the purpose for which the funds were 
originally authorized and appropriated.
    (j) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as the Director of that Office shall 
provide, is authorized to make such determinations as may be necessary 
with regard to the functions transferred by this title, and to make 
such additional incidental dispositions of personnel, assets, 
liabilities, grants, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be made available 
in connection with such functions, as may be necessary to carry out 
this title. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.
    (k) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        title, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this title, any person who, on the day preceding 
        the date of enactment of this Act, held a position compensated 
        in accordance with the Executive Schedule prescribed in chapter 
        53 of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Accountability 
        to a position having duties comparable to the duties performed 
        immediately preceding such appointment shall continue to be 
        compensated in such new position at not less than the rate 
        provided for such previous positions, for the duration of the 
        service of such person in such new position.
            (3) Termination of certain positions.--Postitions whose 
        incumbents are appointed by the President, by and with the 
        consent of the Senate, the functions of which are transferred 
        by this title, shall terminate on the date of enactment of this 
        Act.
    (l) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this title; and
                    (B) that are in effect at the time this title takes 
                effect, or were final before the date of enactment of 
                this Act and are to become effective on or after the 
                date of enactment of this Act,
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Director or other 
        authorized official, a court of competent jurisdiction, or by 
        operation of law.
            (2) Proceedings not affected.--This title shall not affect 
        any proceedings, including notices of proposed rulemaking, or 
        any application for any license, permit, certificate, or 
        financial assistance pending before the Office of Juvenile 
        Justice and Delinquency Prevention on the date on which this 
        title takes effect, with respect to functions transferred by 
this title but such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as if 
this title had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this title had not been enacted.
            (3) Suits not affected.--This title shall not affect suits 
        commenced before the date of enactment of this Act, and in all 
        such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this title had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        title.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this title may be continued by the 
        Office of Juvenile Accountability with the same effect as if 
        this title had not been enacted.
    (m) Separability.--If a provision of this title or its application 
to any person or circumstance is held invalid, neither the remainder of 
this title nor the application of the provision to other persons or 
circumstances shall be affected.
    (n) Transition.--The Director is authorized to utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Accountability by this title; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this title.
    (o) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred 
        under subsection (b), shall be deemed to refer to the Director 
        of the Office of Juvenile Accountability; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred under 
        subsection (b), shall be deemed to refer to the Office of 
        Juvenile Accountability.
    (p) Technical and Conforming Amendment.--Section 5315 of title 5, 
United States Code, is amended by striking ``Administrator, Office of 
Juvenile Justice and Delinquency Prevention''.
    (q) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of the Congress and the Director of the 
        Office of Management and Budget, the Administrator of the 
        Bureau of Justice Assistance shall prepare and submit to the 
        Congress recommended legislation containing technical and 
        conforming amendments to reflect the changes made by this 
        title.
            (2) Submission to the congress.--Not later than 6 months 
        after the date of enactment of this Act, the Administrator of 
        the Bureau of Justice Assistance shall submit the recommended 
        legislation referred to in paragraph (1).

        TITLE IV--FEDERAL YOUTH VIOLENCE PREVENTION ACT OF 1996

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Federal Youth Violence Prevention 
Act of 1996''.

SEC. 402. FINDINGS.

    The Congress finds the following:
            (1) Parents have primary responsibility for the social, 
        moral, emotional, physical, and cognitive development of their 
        children.
            (2) The lack of supervision of youth by parents and the 
        lack of meaningful activity after school for youth contributes 
        to the spread of violent juvenile delinquency in the form of 
        youth and gang violence, drug trafficking, dangerous and self-
        destructive behavior, and lack of hope among youth in our 
        Nation.
            (3) The United States expects too much of its schools if 
        the Nation asks the schools to meet single-handedly the 
        responsibilities described in paragraph (1) in addition to 
        accomplishing their basic educational mission. Only a strong 
        partnership among community members, local government, law 
        enforcement, juvenile and family courts, local schools and 
        local educational agencies, local businesses, philanthropic 
        organizations, the religious community, and families can create 
        a community environment that truly supports the youth of the 
        Nation in reaching their highest potential.
            (4) Narrowly targeted categorical programs have created a 
        multitude of Federal funding streams which have become a 
        barrier to effective program coordination and the provision of 
        comprehensive services for children and youth.
            (5) It is critical that the Federal Government encourage 
        and empower communities to develop and implement comprehensive 
        youth development plans.

SEC. 403. PURPOSES.

    It is the purpose of this title to support communities that design 
strategic plans for youth development that--
            (1) support the primary role of the family in positive 
        youth development;
            (2) give priority to prevention of youth problems and crime 
        through youth development;
            (3) promote increased community coordination and 
        collaboration in meeting the developmental needs of youth;
            (4) support the development and expansion of programs that 
        respond to local needs; and
            (5) promote community partnerships that link youth 
        development programs with services provided by community-based 
        youth development organizations, community-based youth-serving 
        organizations, community-based family-serving organizations, 
        local government (including parks and recreation agencies), law 
        enforcement, juvenile and family courts, and local schools and 
        local educational agencies, and other segments of the 
        community.

SEC. 404. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Justice Assistance.
            (2) County.--The term ``county'', used to refer to a 
        political subdivision of Vermont, Rhode Island, Connecticut, 
        Hawaii, Alaska, or another State with similar local government, 
        means a city, town, township, village, or other general purpose 
        political subdivision.
            (3) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance.
            (4) Eligible applicant.--The term ``eligible applicant'' 
        means an applicant who meets the eligibility requirements for a 
        grant under this title.
            (5) Juvenile population.--The term ``juvenile population'' 
        means the population of a State under 18 years of age.
            (6) Outcome objective.--The term ``outcome objective'' 
        means an objective that relates to the impact of a program or 
        initiative, with respect to the participants in the program or 
        initiative, the families, peer groups, or schools of the 
        participants, or the community that the program or initiative 
        serves, including--
                    (A) an objective relating to reducing the incidence 
                of high-risk behaviors, such as school failure, 
                violence, teenage pregnancy, use of alcohol, use of 
                illegal drugs, and juvenile delinquency, among youth in 
                the community; and
                    (B) an objective relating to increasing protective 
                factors and reducing risk factors for the participants, 
                the families, peer groups, or schools of the 
                participants, or the community.
            (7) Process objective.--The term ``process objective'' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    (A) an objective relating to the degree to which 
                the program or initiative is reaching its intended 
                target population;
                    (B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth;
                    (C) an objective relating to the number, age, 
                gender, and ethnicity of the youth involved in the 
                program or initiative;
                    (D) an objective relating to the degree to which 
                the services delivered are consistent with the intended 
                program model; and
                    (E) an objective relating to the cost of delivering 
                services under the program or initiative.
            (8) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, except that for 
        purposes of the allocation in section 405, American Samoa and 
        the Commonwealth of the Northern Mariana Islands shall be 
        considered as one state and that for these purposes, 67 percent 
        of the amounts allocated shall be allocated to American Samoa, 
        and 33 percent to the Commonwealth of the Northern Mariana 
        Islands.
            (9) State office.--The term ``State office'' means an 
        office designated by the chief executive officer of a State to 
        carry out the provisions of this title, as provided in section 
        507 of the Omnibus Crime Control and Safe Streets Act of 1968 
        (42 U.S.C. 3757).
            (10) Substance abuse.--The term ``substance abuse'' has the 
        meaning given the term in section 534 of the Public Health 
        Service Act (42 U.S.C. 290cc-34).
            (11) Youth.--The term ``youth'' means an individual who is 
        not younger than age 6 and not older than age 17.

SEC. 405. ALLOCATION OF FUNDING.

    (a) In General.--Amounts appropriated under this title shall be 
allocated to the States as follows:
            (1) 0.25 percent shall be allocated to each of the 
        participating States; and
            (2) of the total funds remaining after the allocation under 
        paragraph (1), there shall be allocated to each State an amount 
        which bears the same ratio to the amount of remaining funds 
        described in this paragraph as the juvenile population of such 
        State bears to the population of all the States.
    (b) Distribution by States to Eligible Applicants.--
            (1) Eligible applicants.--Each State which receives funds 
        under subsection (a) of this section in a fiscal year shall 
        make available funds to eligible applicants for the purposes 
        specified in this title.
            (2) Prioritizing.--In distributing funds received under 
        this title among eligible applicants, the State shall give 
        priority to those eligible applicants serving jurisdictions 
        with the greatest need in combating crime.
            (3) Remaining funds.--Any funds not distributed to eligible 
        applicants under paragraph (2) shall be available for 
        expenditure by the State involved.
    (c) Application Required.--No funds allocated to a State under 
subsection (a) or received by a State for distribution under subsection 
(b) may be distributed by the Director or by the State involved for any 
program other than a program contained in an approved application.
    (d) Allocation of Funds Not Required.--If the Director determines, 
on the basis of information available during any fiscal year, that a 
portion of the funds allocated to a State for that fiscal year will not 
be required or that a State will be unable to qualify or receive funds 
under this title, or that a State chooses not to participate in the 
program established under this title, then such portion shall be 
awarded by the Director to urban, rural, and suburban units of local 
government or combinations thereof within such State giving priority to 
those jurisdictions with greatest need in combating crime.

SEC. 406. STATE APPLICATION.

    To be eligible to receive funds under this title, the State shall 
prepare, and submit to the Director, an application at such time, in 
such manner, and containing such information, as the Director may 
reasonably require. Such application shall include, at a minimum, an 
assurance that the State is prepared to administer such amount in 
compliance with all the requirements of this title, and, in the case of 
any application submitted after the first year in which the State 
receives funds under this title, the State shall submit to the Director 
an annual program report and the results of an independent audit 
conducted by the State concerning the administration of such funds.

SEC. 407. LOCAL APPLICATION.

    (a) In General.--Each application made by an eligible applicant to 
a State for funds under this title shall be deemed approved, in whole 
or in part, by the State not later than 45 days after first received 
unless the State informs the applicant in writing of specific reasons 
for disapproval. The State shall not finally disapprove any application 
submitted to the State without first affording the applicant reasonable 
notice and opportunity for reconsideration.
    (b) Availability of Funds.--Each State which receives funds under 
section 405 in a fiscal year shall make such funds available to 
eligible applicants whose application has been submitted to, approved 
and awarded by the State, within 45 days after the Director has 
approved the State application and has made funds available to such 
State. The Director shall have the authority to waive the 45-day 
requirement in this section upon a finding that the State cannot 
satisfy that requirement consistent with State statutes.

SEC. 408. DISTRIBUTION TO GRANT RECIPIENTS.

    (a) Grants.--
            (1) In general.--The State office shall award grants in 
        accordance with this subsection to pay for the Federal share of 
        carrying out youth development programs addressing the process 
        objectives and the outcome objectives established under this 
        title.
            (2) Distribution of program funds.--
                    (A) In general.--For each fiscal year for which a 
                State receives a State allotment, the State shall 
                distribute to each eligible applicant in the State such 
                amount as is necessary for the purpose of conducting 
                community-based youth development programs that may 
                include elements of the following:
                            (i) address the process objectives, and the 
                        outcome objectives;
                            (ii) incorporate components that promote 
                        competencies in youth such as--
                                    (I) social competencies, such as 
                                work and family life skills, problem-
                                solving skills, and communication 
                                skills; and
                                    (II) cognitive competencies, such 
                                as knowledge, reasoning ability, 
                                creativity, and a lifelong commitment 
                                to learning and achievement;
                            (iii) recognize the primary role of the 
                        family in positive youth development in order 
                        to strengthen families;
                            (iv) promote the involvement of youth 
                        (including program participants), parents, and 
                        other community members in the planning and 
                        implementation of the programs;
                            (v) identify specific protective factors 
                        and reduce risk factors for youth;
                            (vi) coordinate services with other youth 
                        and family services in the community and help 
                        participants access the services;
                            (vii) build relationships between positive 
                        adult role models and youth in program 
                        settings;
                            (viii) encourage youth leadership and civic 
                        involvement;
                            (ix) employ outreach efforts to youth from 
                        low-income families and to the families; or
                            (x) a relationship to an existing drug and 
                        alcohol abuse treatment or rehabilitation 
                        program.
                    (B) Limit on use of funds.--A program may not use 
                more than 10 percent of amounts provided for preservice 
                and inservice training and educational materials and 
                services for program staff.
                    (C) Application.--To be eligible to receive an 
                amount referred to in subparagraph (A), the applicant 
                shall prepare and submit to the State an application, 
                at such time, in such manner, and containing such 
                information as the State may reasonably require to 
                assure compliance with this Act. Such application shall 
                include, at a minimum, a description of the types of 
                activities and services for which the amount will be 
                provided, information indicating the extent to which 
                the activities and services achieve the purposes of 
                this title and the purpose described in subparagraph 
                (A).
                    (D) Prohibition.--Funds may not be appropriated 
                under section 405 to carry out a youth employment 
                program providing subsidized employment opportunities, 
                job training activities, or school-to-work activities 
                for participants.
            (3) Request for proposals.--The State office shall issue a 
        request for proposals to apply for a grant under paragraph (1). 
        Such request shall specify the process objectives and outcome 
        objectives to be addressed by the applicants submitting the 
        proposals.
            (4) Eligible applicants.--
                    (A) In general.--In awarding grants under paragraph 
                (1) for programs, the State office shall take into 
                account the extent to which a program meets the 
                objectives and goals of this title. In the second and 
                subsequent years for which such grants are awarded, the 
                State office shall take into account the extent to 
                which the programs receiving funding through such 
                grants were successful in meeting the community process 
                objectives and outcome objectives for youth development 
                programs, including changes in protective factor and 
                risk factor levels.
                    (B) Entities.--Entities eligible to receive grants 
                under this title are--
                            (i) a unit of local government;
                            (ii) the local police department or 
                        sheriff's department;
                            (iii) the local prosecutor's office;
                            (iv) the local court system;
                            (v) the local public school system;
                            (vi) a local nonprofit, educational, 
                        religious, or community group active in crime 
                        prevention or drug use prevention and 
                        treatment; and
                            (vii) any combination of the entities 
                        described in clauses (i) through (vi).
            (5) Grant applications.--To be eligible to receive a grant 
        under this subsection, an entity shall submit an application to 
        the State office at such time, in such manner, and containing 
        such information as the State office may reasonably require.
            (6) Funding period.--The State office may award such a 
        grant for a period of up to 3 years. The State office may 
        terminate the funding made available through such grant during 
        such grant period for a program if the program fails to comply 
        with the requirements of this Act or if insufficient Federal 
        funds are appropriated under section 405 to permit the 
        continuation of funding for the full grant period of all such 
        grants awarded by the State office.
            (7) Renewals of grants.--The State office may renew grants 
        made under paragraph (1). After the initial grant period, in 
        determining whether to renew a grant to an entity to carry out 
        activities, the State office shall give substantial weight to 
        the effectiveness of the activities in achieving process 
        objectives and outcome objectives of this title.
            (8) Federal share requirement.--
                    (A) Federal share.--The Federal share of the cost 
                of carrying out a youth development program described 
                in paragraph (1) shall not exceed 90 percent of the 
                costs of a program funded under this title.
                    (B) Non-federal share.--In providing for the 
                remaining share of the cost of carrying out such a 
                program, each grant recipient under this subsection--
                            (i) shall provide for such share through 
                        non-Federal sources;
                            (ii) may provide for such share through a 
                        payment in cash; and
                            (iii) may provide for not more than 50 
                        percent of such share through a payment in 
                        kind, fairly evaluated, including facilities, 
                        equipment, or services.
            (9) Continuation of programs.--The State office may award a 
        grant under this subsection for the continuation of any program 
        carried out prior to the date of enactment of this Act if the 
        program includes elements described in section 408(a)(2)(A).
    (b) Annual Reports to State Office.--In carrying out a program 
under this Act, each grant recipient under subsection (a) shall, not 
later than 45 days after the end of each fiscal year of the State 
office, prepare and submit to the State office an annual report on the 
program during the fiscal year, in such manner and containing such 
information as the Director may reasonably require to determine 
compliance with this Act.
    (c) Evaluations.--
            (1) In general.--The Director shall provide for the 
        rigorous and independent evaluation of the delinquency and 
        youth violence prevention programs funded under this title. 
        Evaluations and research studies conducted pursuant to this 
        title shall be independent in nature, and shall employ rigorous 
        and scientifically recognized standards and methodologies.
            (2) Content of evaluations.--Evaluations conducted pursuant 
        to this title shall include measures of--
                    (A) reductions in delinquency, juvenile crime, 
                youth gang activity, youth substance abuse, and other 
                high-risk factors;
                    (B) reductions in risk factors in young people that 
                contribute to juvenile violence, including availability 
                of drugs, transitions and mobility, neighborhood 
                attachment, community disorganization, extreme economic 
                depression, academic failure in schools, lack of 
                commitment to school, alienation and rebelliousness, 
                attitudes favorable to problem behavior, truancy, and 
                dropping out of school; and
                    (C) increase in protective factors that reduce the 
                likelihood of delinquency and criminal behavior.
            (3) Reservation of funds for evaluation and research.--
                    (A) In general.--The Director shall reserve not 
                less than 5 percent of funds appropriated to carry out 
                this title in the first year funds are appropriated and 
                not less than 9 percent of funds appropriated under 
                this title in subsequent years, to carry out the 
                evaluation and research required by this title. Funds 
                allocated for evaluation and research shall be reserved 
                for evaluating programs funded under this title.
                    (B) Applications, process, and criteria.--Funds for 
                evaluation and research shall be allocated under a 
                competitive program that provides potential grantees 
                with at least 90 days to submit applications for funds. 
                Applications for funds shall be reviewed by qualified 
                scientists with expertise in the fields of criminology, 
                juvenile delinquency, sociology, psychology, research 
                methodology, evaluation research, statistics, and 
                related areas. The evaluation process shall conform to 
                the process used by the National Institute of Health, 
                National Institute of Justice, or National Science 
                Foundation. The evaluation criteria shall include the 
                normal standards of scientific conduct of evaluation 
                research, the nature and range of programs, as well as 
                the regional and location of programs.

SEC. 409. REALLOTMENT AND REALLOCATION.

    (a) Authority To Assist State Offices in Nonparticipating States/
Reallotment of State Funds.--
            (1) In general.--For any fiscal year for which a State does 
        not submit an application for an allotment under section 406, 
        the Director may use the allotment of such State to make direct 
        grants to eligible State offices in the nonparticipating State.
            (2) Application.--To be eligible to receive a direct grant 
        under paragraph (1), a State office shall submit an application 
        to the Director at such time, in such manner, and containing 
        such information as the Director may reasonably require to 
        assure compliance with this Act, including any information that 
        a State office is required to submit in an application under 
        this title.
    (b) State Reallotment.--For any fiscal year for which a State does 
not submit an application for an allotment under section 405(c), and 
the Director does not use the allotment as described in subsection (a), 
the Director shall make the allotment of such State available to such 
other States as the Director may determine to be appropriate.
    (c) Obligation and Expenditure of Funds.--
            (1) State obligation of funds.--Any State that receives 
        funds from the Director under this Act shall obligate the funds 
        (other than any amount reserved under section 408(c)) not later 
        than 6 months after the date of such receipt or return the 
        funds to the Director for reallotment in accordance with 
        subsection (b).
            (2) State office obligation of funds.--Any State office 
        that receives funds from a State or the Director under this Act 
        shall obligate the funds not later than 6 months after the date 
        of such receipt or return the funds to the State for 
        reallocation in accordance with subsection (b), or to the 
        Director for reallotment in accordance with subsection (a), 
        respectively.
            (3) Grant recipient expenditure of funds.--Any grant 
        recipient under section 408 shall expend the funds made 
        available through the grant not later than 3 years after the 
        date of such receipt or return the funds to the State for 
        reallocation.
    (d) Supplement Not Supplant.--Funds appropriated under this Act 
shall be used to supplement and not supplant other Federal, State, and 
local public funds expended to provide youth development programs for 
eligible individuals.

SEC. 410. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for the 
activities of this Act--
            (1) $500,000,000 for fiscal year 1997;
            (2) $500,000,000 for fiscal year 1998;
            (3) $500,000,000 for fiscal year 1999;
            (4) $500,000,000 for fiscal year 2000; and
            (5) $500,000,000 for fiscal year 2001.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.
    (c) Allocation.--Funds shall be allocated as described in section 
405 of this Act.

SEC. 411. USES OF FUNDS.

    (a) Limits.--Of the amounts appropriated under this title, not more 
than 20 percent shall be used for prevention programs. The remaining 80 
percent of funds appropriated shall be expended in direct support of--
            (1) the investigation, prosecution, or detention of 
        juvenile offenders; and
            (2) the collection, distribution, and receipt of records, 
        including photographs and fingerprints, of juvenile offenders 
        that are equivalent to the records that would be kept for adult 
        offenders, if such records are made available to law 
        enforcement authorities of any jurisdiction, and that are made 
        available to officials of any school, school district, or 
        postsecondary school where the individual who is the subject of 
        the juvenile record is enrolled or seeks, intends, or is 
        instructed to enroll, if such school officials are held liable 
        to the same standards and penalties to which law enforcement 
        and juvenile justice system employees are held liable under 
        Federal and State law, for the handling and disclosure of such 
        information.
    (b) State Requirements.--For a State to receive the full amount of 
the grant authorized under this title, the State must establish 
authority to prosecute as adults--
            (1) as a matter of law, juveniles age 14 and older who 
        commit the crime of murder or rape; and
            (2) as a matter of law or as a matter of prosecutorial 
        discretion, juveniles age 14 and older who commit the crime of 
        armed robbery, aggravated assault, or distribution of 
        controlled substances.
    (c) Penalty.--If a State has not established authority referred to 
in subsection (b), only 50 percent of the authorized grants amount 
shall be available to that State.

SEC. 412. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    The following provisions of law and the amendments made thereby are 
hereby repealed:
            (1) Subtitle A through S and subtitles U and X of title 
        III, title V, and title XXVII of the Violent Crime Control and 
        Law Enforcement Act of 1994.
            (2) The Local Partnership Act.
            (3) Title IV of the Elementary and Secondary Education Act.
            (4) Part C of title V of the Elementary and Secondary 
        Education Act.
            (5) Section 517 of the Public Health Service Act.
            (6) Part D of title II of the Juvenile Justice and 
        Delinquency Prevention Act.
            (7) Part G of title II of the Juvenile Justice and 
        Delinquency Prevention Act.
            (8) Title V of the Juvenile Justice and Delinquency 
        Prevention Act.
            (9) Section 408 of the Human Services Reauthorization Act.
            (10) Section 682 of the Community Services Block Grants 
        Act.
            (11) Chapters 1 and 2 of subtitle B of title III of the 
        Anti-Drug Abuse Act.

SEC. 413. CIVIL MONETARY PENALTY SURCHARGE.

    (a) Imposition.--Notwithstanding any other provision of law, a 
surcharge of 40 percent of the principal amount of a civil monetary 
penalty shall be added to each civil monetary penalty at the time it is 
assessed by the United States or an agency thereof.
    (b) Effective Dates.--A surcharge under subsection (a) shall be 
added to all civil monetary penalties assessed on or after October 1, 
1996, or the date of enactment of this title, whichever is later. The 
authority to add a surcharge under this section shall terminate at 
11:59 p.m. eastern standard time on October 1, 2001.
    (c) Limitation.--The provisions of this section shall not apply to 
any monetary penalty assessed under the Internal Revenue Code of 1986.

SEC. 414. HOUSING JUVENILE OFFENDERS.

    Section 20105(a)(1) of subtitle A of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 (as amended by section 114(a) 
of the Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1996 in section 101(a) of Public 
Law 104-134) is amended by striking ``15'' and inserting ``30''.

SEC. 415. FUNDING SOURCE.

    Appropriations for activities authorized in this title may be made 
from the Violent Crime Reduction Trust Fund.
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