II

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Violent and Repeat Juvenile Offender Reform Act of

6 1996’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title; table of contents.
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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.
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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.

1 TITLE I—JUVENILE JUSTICE

2 REFORM ACT OF 1996

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Juvenile Justice Re5 form Act of 1996’’.

6 SEC. 102. FINDINGS AND DECLARATION OF PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) at the outset of the 20th century, the States

9 adopted 2 separate juvenile justice systems for vio10 lent and nonviolent offenders;

11 (2) violent crimes committed by juveniles, such

12 as homicide, rape, and robbery, were an unknown

13 phenomenon at that time, but the rate at which ju14 veniles commit such crimes has escalated astronomi15 cally since that time;

16 (3) in 1994—

17 (A) the number of persons arrested overall

18 for murder in the United States decreased by

19 5.8 percent, but the number of persons under
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1 15 years of age arrested for murder increased

2 by 4 percent; and

3 (B) the number of persons arrested for all

4 violent crimes increased by 1.3 percent, but the

5 number of persons under 15 years of age ar6 rested for violent crimes increased by 9.2 per7 cent, and the number of persons under 18 ar8 rested for such crimes increased by 6.5 percent;

9 (4) from 1985 to 1996, the number of persons

10 arrested for all violent crimes increased by 52.3 per11 cent, but the number of persons under age 18 ar12 rested for violent crimes rose by 75 percent;

13 (5) the number of juvenile offenders is expected

14 to undergo a massive increase during the first 2 dec15 ades of the 21st century, culminating in an unprece16 dented number of violent offenders under the age of

17 18;

18 (6) the rehabilitative model of sentencing for ju19 veniles, which the Congress rejected for adult offend20 ers when it enacted the Sentencing Reform Act of

21 1984, is inadequate and inappropriate for dealing

22 with violent and repeat juvenile offenders;

23 (7) the Federal Government should encourage

24 the States to experiment with progressive solutions

25 to the escalating problem of juveniles who commit
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1 violent crimes and who are repeat offenders, includ2 ing prosecuting all such offenders as adults, but

3 should not impose specific strategies or programs on

4 the States;

5 (8) an effective strategy for reducing violent ju6 venile crime requires greater collection of investiga7 tive data and other information, such as fingerprints

8 and DNA evidence, as well as greater sharing of

9 such information among Federal, State, and local

10 agencies, including the courts, in the law enforce11 ment and educational systems;

12 (9) data regarding violent juvenile offenders

13 must be made available to the adult criminal justice

14 system if recidivism by criminals is to be addressed

15 adequately;

16 (10) holding juvenile proceedings in secret de17 nies victims of crime the opportunity to attend and

18 be heard at such proceedings, helps juvenile offend19 ers to avoid accountability for their actions, and

20 shields juvenile proceedings from public scrutiny and

21 accountability;

22 (11) the injuries and losses suffered by the vic23 tims of violent crime are no less painful or devastat24 ing because the offender is a juvenile; and
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1 (12) the investigation, prosecution, adjudica2 tion, and punishment of criminal offenses committed

3 by juveniles is, and should remain, primarily the re4 sponsibility of the States, to be carried out without

5 interference from the Federal Government.

6 (b) PURPOSES.—The purposes of this Act are—

7 (1) to reform juvenile law so that the para8 mount concerns of the juvenile justice system are

9 providing for the safety of the public and holding the

10 juvenile wrongdoer accountable for his or her ac11 tions, while providing the wrongdoer a genuine op12 portunity for self-reform;

13 (2) to revise the procedures in Federal court

14 that are applicable to the prosecution of juvenile of15 fenders;

16 (3) to address specifically the problem of violent

17 crime and controlled substance offenses committed

18 by youth gangs; and

19 (4) to encourage and promote, consistent with

20 the ideals of federalism, adoption of policies by the

21 States to ensure that the victims of crimes of vio22 lence committed by juveniles receive the same level

23 of justice as do victims of violent crimes that are

24 committed by adults.
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1 SEC. 103. TREATMENT OF JUVENILE OFFENDERS.

2 Section 5032 of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘§ 5032. Delinquency proceedings in district courts;

5 juveniles tried as adults; transfer for

6 other criminal prosecution

7 ‘‘(a) IN GENERAL.—A juvenile who has attained his

8 or her 13th birthday and who is alleged to have committed

9 an act of juvenile delinquency which, if committed by an

10 adult, would be a felony offense, shall be tried in the ap11 propriate district court of the United States—

12 ‘‘(1) as an adult—

13 ‘‘(A) if the offense charged is a crime of vi14 olence, as defined in section 16 of this title, in15 cluding murder and rape, or an offense de16 scribed in section 401 of the Controlled Sub17 stances Act (21 U.S.C. 841) or section 1002(a),

18 1003, 1005, 1009, or paragraph (1), (2), or (3)

19 of section 1010(b) of the Controlled Substances

20 Import and Export Act (21 U.S.C. 952(a), 953,

21 955, 959, 960(b) (1), (2), (3)), subsection (b),

22 (g), or (h) of section 924 of this title, or section

23 922(x) of this title;

24 ‘‘(B) if the juvenile who is alleged to have

25 committed the offense—
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1 ‘‘(i) previously has been found guilty

2 of 3 prior felonies, committed on occasions

3 different from one another, under Federal

4 or State law; or

5 ‘‘(ii) has been adjudicated a juvenile

6 delinquent under Federal or State law for

7 3 prior offenses, committed on occasions

8 different from one another, that would

9 have been felonies if the juvenile had been

10 tried as an adult; or

11 ‘‘(C) at the discretion of the United States

12 Attorney having lawful jurisdiction of the of13 fense, upon a finding by the United States At14 torney, which finding shall not be subject to re15 view in or by any court, that there is a substan16 tial Federal interest in the case or the offense

17 to warrant the exercise of Federal jurisdiction;

18 and

19 ‘‘(2) in all other cases, as a juvenile.

20 ‘‘(b) REFERRALS BY UNITED STATES ATTORNEY.—

21 ‘‘(1) IN GENERAL.—If the United States Attor22 ney in the appropriate jurisdiction declines prosecu23 tion of a charged offense, as outlined in subsection

24 (a)(2), that United States Attorney may refer the
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1 matter to the appropriate legal authorities of the ap2 propriate State or Indian tribe.

3 ‘‘(2) DEFINITIONS.—For purposes of this sec4 tion—

5 ‘‘(A) the term ‘State’ includes a State of

6 the United States, the District of Columbia,

7 and any commonwealth, territory, or possession

8 of the United States; and

9 ‘‘(B) the term ‘Indian tribe’ has the same

10 meaning as in section 4(e) of the Indian Self11 Determination and Education Assistance Act.

12 ‘‘(c) APPLICABLE PROCEDURES.—Cases prosecuted

13 in a district court of the United States under this sec14 tion—

15 ‘‘(1) shall proceed in the same manner as is re16 quired by this title and by the Federal Rules of

17 Criminal Procedure in proceedings against an adult

18 in the case of a juvenile who is being tried as an

19 adult in accordance with subsection (a); and

20 ‘‘(2) in all other cases, shall proceed in accord21 ance with this chapter, unless the juvenile has re22 quested in writing, upon advice of counsel, to be pro23 ceeded against as an adult.

24 ‘‘(d) CAPITAL CASES.—In the event that a juvenile

25 is tried and sentenced as an adult, the juvenile shall be
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1 subject to being sentenced to death on the same terms

2 as an adult.

3 ‘‘(e) APPLICATION OF LAWS.—In any case in which

4 a juvenile is prosecuted in a district court of the United

5 States as an adult, the juvenile shall be subject to the

6 same laws, rules, and proceedings regarding sentencing

7 that would be applicable in the case of an adult, and no

8 juvenile sentenced to a term of imprisonment shall be re9 leased from custody simply because the juvenile reaches

10 the age of 18 years.

11 ‘‘(f) OPEN PROCEEDINGS.—Any offenses tried in a

12 district court of the United States pursuant to this section

13 shall be open to the general public, in accordance with

14 rules 10, 26, and 31(a) of the Federal Rules of Criminal

15 Procedure, unless good cause is established by the moving

16 party or is otherwise found by the court, for closure.

17 ‘‘(g) AVAILABILITY OF RECORDS.—In making a de18 termination concerning the prosecution of a juvenile in a

19 district court of the United States, subject to the require20 ments of section 5038 of this chapter, the United States

21 Attorney shall have complete access to the prior Federal

22 juvenile records of the subject juvenile. In all cases in

23 which a juvenile is found guilty in an action pursuant to

24 this section, the district court responsible for imposing

25 sentence may consider the defendant’s entire prior juvenile
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1 record. The United States Attorney may release such

2 records to law enforcement authorities of any jurisdiction

3 and to officials of any school, school district, or post4 secondary school where the individual who is the subject

5 of the juvenile record is enrolled or seeks, intends, or is

6 instructed to enroll, if such school officials are held liable

7 to the same standards and penalties to which law enforce8 ment and juvenile justice system employees are held liable

9 under Federal and State law, for the handling and disclo10 sure of such information.’’.

11 SEC. 104. CAPITAL CASES.

12 (a) AGE REQUIREMENT.—Section 3591 of title 18,

13 United States Code, is amended by striking ‘‘18 years’’

14 each place that term appears and inserting ‘‘16 years’’.

15 (b) AGGRAVATING FACTORS.—Section 3592(c) of

16 title 18, United States Code, is amended by inserting im17 mediately after paragraph (15) the following:

18 ‘‘(16) OTHER CIRCUMSTANCES.—With regard

19 to the capital offense—

20 ‘‘(A) the victim was a custodial parent or

21 legal guardian of a child under the age of 18

22 years;

23 ‘‘(B) the offense was committed by a per24 son imprisoned as a result of a felony convic25 tion;
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1 ‘‘(C) the offense was committed for the

2 purpose of disrupting or hindering the lawful

3 exercise of any government or political function;

4 ‘‘(D) the victim was found to have been

5 murdered due to his or her association with a

6 particular group, gang, organization, or other

7 entity;

8 ‘‘(E) the offense was committed by a per9 son unlawfully at liberty after being sentenced

10 to imprisonment as a result of a felony convic11 tion;

12 ‘‘(F) the offense was committed by means

13 of a destructive device, bomb, explosive, or simi14 lar device which the defendant planted, hid, or

15 concealed in any place, area, dwelling, building,

16 or structure, or mailed or delivered, or caused

17 to be planted, hidden, concealed, mailed, or de18 livered, and the defendant knew that his or her

19 act or acts would create a great risk of death

20 to human life;

21 ‘‘(G) the offense was committed for the

22 purpose of avoiding or preventing an arrest or

23 effecting an escape from custody;

24 ‘‘(H) the victim was a current or former

25 judge or judicial officer of any civilian, military,
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1 or tribal court of record in the United States or

2 its territories, a law enforcement officer or offi3 cial, and the murder was intentionally carried

4 out in retaliation for, or to prevent the perform5 ance of, the victim’s official duties;

6 ‘‘(I) the defendant has been convicted of

7 more than one offense of murder in the first or

8 second degree;

9 ‘‘(J) the victim was a witness—

10 ‘‘(i) to a crime who was intentionally

11 killed for the purpose of preventing his or

12 her testimony in any judicial or adminis13 trative proceeding, and the killing was not

14 committed during the commission or at15 tempted commission of the crime to which

16 he or she was a witness; or

17 ‘‘(ii) in a judicial or administrative

18 proceeding and was intentionally killed in

19 retaliation for his or her testimony in such

20 proceeding;

21 ‘‘(K) the victim was an elected or ap22 pointed official or former official of the Federal

23 Government, or of State, local, or tribal govern24 ment, and the killing was intentionally carried
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1 out in retaliation for, or to prevent the perform2 ance of, the victim’s official duties;

3 ‘‘(L) the defendant intentionally killed the

4 victim while lying in wait;

5 ‘‘(M) the victim was intentionally killed be6 cause of his or her race, color, gender, religion,

7 nationality, or country of origin;

8 ‘‘(N) the victim was a juror in any court

9 of record in the local, State, or Federal system

10 in any State or judicial district, and the murder

11 was intentionally carried out in retaliation for,

12 or to prevent the performance of, the victim’s

13 official duties;

14 ‘‘(O) the murder was intentional and was

15 perpetrated by means of discharging a firearm

16 from a motor vehicle, whether or not it was

17 moving, intentionally at another person or per18 sons outside the vehicle;

19 ‘‘(P) the murder was committed against a

20 person who was held or otherwise detained as

21 a shield or hostage;

22 ‘‘(Q) the murder was committed against a

23 person who was held or detained by the defend24 ant for ransom or reward;
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1 ‘‘(R) the defendant caused or directed an2 other to commit murder or committed murder

3 as an agent or employee of another person;

4 ‘‘(S) the victim was pregnant;

5 ‘‘(T) the victim was handicapped or se6 verely disabled;

7 ‘‘(U) the victim was 62 years of age or

8 older;

9 ‘‘(V) the victim was a child 16 years of age

10 or younger;

11 ‘‘(W) the murder was committed on the

12 property or grounds of a school or academic in13 stitution;

14 ‘‘(X) the victim was a teacher, lecturer, or

15 official at a school or academic institution and

16 was intentionally murdered by the defendant or

17 at the direction of the defendant as a result of

18 the victim’s occupation;

19 ‘‘(Y) at the time of the killing, the victim

20 was or had been a nongovernmental informant

21 or had otherwise provided any investigative, law

22 enforcement, or police agency with information

23 concerning criminal activity, and the killing was

24 in retaliation for the victim’s activities as a

25 nongovernmental informant or in providing in-
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1 formation concerning criminal activity to an in2 vestigative, law enforcement, or police agency;

3 ‘‘(Z) the murder was committed for the

4 purpose of interfering with the victim’s free ex5 ercise or enjoyment of any right, privilege, or

6 immunity protected by the first amendment to

7 the Constitution of the United States or be8 cause the victim exercised or enjoyed said right;

9 ‘‘(AA) the defendant has previously been

10 convicted of a felony involving a firearm;

11 ‘‘(BB) the defendant previously was con12 victed of an offense for which a sentence of

13 death or life imprisonment was authorized;

14 ‘‘(CC) the defendant previously was con15 victed of 2 or more Federal or State offenses,

16 punishable by a term of imprisonment of more

17 than 1 year, committed on different occasions;

18 ‘‘(DD) the defendant previously was con19 victed of violating title II or III of the Con20 trolled Substances Act, for which a sentence of

21 5 or more years could be imposed;

22 ‘‘(EE) the murder was committed in the

23 presence of immediate family members of the

24 victim;
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1 ‘‘(FF) evidence from the murder indicates

2 that it was carried out in furtherance of a sa3 distic, demonic, or other type of ritual;

4 ‘‘(GG) the murder was committed by the

5 defendant during the hijacking of an aircraft,

6 ship, or any other air, land, or seafaring vessel,

7 bus, train, or any other public or commercial

8 mode or means of transportation;

9 ‘‘(HH) the victim was a member of the

10 medical profession, to include ambulance drivers

11 or personnel, who at the time of the murder

12 were in the performance of their duties in such

13 capacity; and

14 ‘‘(II) the victim was employed in a jail,

15 correctional facility, or halfway house, and was

16 murdered while in the lawful performance of his

17 or her duties or in retaliation for the lawful per18 formance of his or her duties.’’.

19 (c) DEATH DURING COMMISSION OF ANOTHER

20 CRIME.—Section 3592(c)(1) of title 18, United States

21 Code, is amended by striking ‘‘of, or during the immediate

22 flight from the commission of,’’ and inserting ‘‘of a felony,

23 or during the immediate flight from the commission of a

24 felony, including’’.
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1 SEC. 105. DEFINITIONS.

2 Section 5031 of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘§ 5031. Definitions

5 ‘‘For purposes of this chapter—

6 ‘‘(1) the term ‘juvenile’ means a person who

7 has not attained his or her eighteenth birthday; and

8 ‘‘(2) the term ‘juvenile delinquency’ means the

9 violation of a law of the United States committed by

10 a person prior to his or her eighteenth birthday,

11 which would have been a crime if committed by an

12 adult.’’.

13 SEC. 106. NOTIFICATION AFTER ARREST.

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

15 amended in the first sentence, by striking ‘‘Attorney Gen16 eral’’ and inserting ‘‘United States Attorney of the appro17 priate jurisdiction’’.

18 SEC. 107. DETENTION PRIOR TO DISPOSITION.

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

20 amended—

21 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

22 ‘‘A juvenile’’; and

23 (2) by adding at the end the following:

24 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—Not25 withstanding subsection (a), a juvenile who is to be tried

26 as an adult pursuant to section 5032 shall be subject to
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1 detention in accordance with chapter 203 of this title in

2 the same manner and to the same extent as an adult

3 would be subject to the provisions of that chapter.’’.

4 SEC. 108. SPEEDY TRIAL.

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

6 amended—

7 (1) by inserting ‘‘(a) JUVENILE TRIALS.—’’ be8 fore ‘‘If an alleged’’;

9 (2) by striking ‘‘Attorney General’’ and insert10 ing ‘‘United States Attorney for the appropriate ju11 risdiction’’;

12 (3) by striking ‘‘Except in’’ and all that follows

13 through the period; and

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

15 ‘‘(b) JUVENILES TRIED AS ADULTS.—Notwithstand16 ing subsection (a), the provisions of chapter 208 of this

17 title shall apply in any case in which a juvenile is tried

18 as an adult pursuant to section 5032 in the same manner

19 and to the same extent as an adult would be subject to

20 the provisions of that chapter.’’.

21 SEC. 109. DISPOSITIONAL HEARINGS.

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

23 amended—

24 (1) in subsection (a), by striking the first sen25 tence and inserting the following: ‘‘In any case in
20

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1 which a juvenile is found to be a juvenile delinquent

2 in district court pursuant to section 5032, but is not

3 tried as an adult under that section, the court shall

4 hold a disposition hearing concerning the appro5 priate disposition not later than 20 days after the

6 hearing in which a finding of juvenile delinquency is

7 made, unless the court has ordered further study

8 pursuant to subsection (d).’’;

9 (2) in subsection (b), by striking ‘‘extend—’’

10 and all that follows through ‘‘The provisions’’ and

11 inserting the following: ‘‘extend, in the case of a ju12 venile, beyond the maximum term that would be au13 thorized by section 3561(b), if the juvenile had been

14 tried and convicted as an adult. The provisions.’’;

15 (3) in subsection (c), by striking ‘‘extend—’’

16 and all that follows through ‘‘Section 3624’’ and in17 serting the following: ‘‘extend beyond the maximum

18 term of imprisonment that would be authorized if

19 the juvenile had been tried and convicted as an

20 adult. Section 3624’’; and

21 (4) by redesignating subsection (d) as sub22 section (e) and by inserting after subsection (c) the

23 following new subsection:

24 ‘‘(d) If a juvenile has been tried and convicted as an

25 adult, or adjudicated delinquent for any offense in which
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1 he or she is otherwise tried pursuant to section 5032, the

2 restitution provisions contained in this title and title 21,

3 including sections 3663A, 2248, 2259, 2264, and 2327,

4 shall apply to that juvenile in the same manner and to

5 the same extent as those provisions would apply to an

6 adult.’’.

7 SEC. 110. USE OF JUVENILE RECORDS.

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

9 amended—

10 (1) in subsection (a)—

11 (A) in paragraph (5), by striking ‘‘and’’ at

12 the end;

13 (B) in paragraph (6), by striking the pe14 riod at the end and inserting ‘‘; and’’;

15 (C) by inserting after paragraph (6) the

16 following new paragraph:

17 ‘‘(7) inquiries from an educational institution

18 for the purpose of ensuring the public safety and se19 curity at such institution.’’; and

20 (D) by striking ‘‘Unless’’ and inserting the

21 following:

22 ‘‘(c) Unless’’;

23 (2) by redesignating subsections (b) and (c) as

24 subsections (d) and (e), respectively;
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1 (3) by inserting immediately after subsection

2 (a) the following new subsection:

3 ‘‘(b) Notwithstanding subsection (a), in determining

4 the appropriate disposition of a juvenile matter under sec5 tion 5032, the responsible United States Attorney shall

6 have complete access to the official records of the juvenile

7 proceedings conducted under this title.’’;

8 (4) by inserting after subsection (e), as redesig9 nated, the following new subsection:

10 ‘‘(f) In any case in which a juvenile is tried as an

11 adult, access to the record of the offenses of the juvenile

12 shall be made available in the same manner as is applica13 ble to adult defendants.’’;

14 (5) by striking ‘‘(d) Whenever’’ and all that fol15 lows through ‘‘adult defendants.’’ and inserting the

16 following:

17 ‘‘(g) Fingerprints and photographs of a juvenile—

18 ‘‘(1) who is prosecuted as an adult shall be

19 made available in the same manner as is applicable

20 to an adult defendant; and

21 ‘‘(2) who is not prosecuted as an adult shall be

22 made available only as provided in subsection (a).’’;

23 (6) by striking ‘‘(e) Unless,’’ and inserting ‘‘(h)

24 Unless’’;
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1 (7) by striking ‘‘(f) Whenever’’ and inserting

2 ‘‘(i) Whenever’’; and

3 (8) in subsection (i), as redesignated—

4 (A) by striking ‘‘of committing an act’’

5 and all that follows through ‘‘5032 of this title’’

6 and inserting ‘‘by a district court of the United

7 States pursuant to section 5032 of committing

8 an act’’; and

9 (B) by inserting ‘‘involved a juvenile tried

10 as an adult or’’ before ‘‘were juvenile adjudica11 tions’’.

12 SEC. 111. REPEALS.

13 Title 18, United States Code, is amended—

14 (1) by striking sections 5001 and 5002; and

15 (2) by redesignating section 5003 as section

16 5001.

17 SEC. 112. ADMISSIBILITY OF CERTAIN EVIDENCE.

18 (a) IN GENERAL.—Chapter 223 of title 18, United

19 States Code, is amended by adding at the end the follow20 ing new section:

21 ‘‘§ 3510. Admissibility of evidence obtained by search

22 or seizure

23 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA24 SONABLE SEARCH OR SEIZURE.—Evidence which is ob25 tained as a result of a search or seizure shall not be ex-
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1 cluded in a proceeding in a court of the United States

2 on the ground that the search or seizure was in violation

3 of the fourth amendment to the Constitution of the United

4 States, if the search or seizure was carried out in cir5 cumstances justifying an objectively reasonable belief that

6 it was in conformity with the fourth amendment. The fact

7 that evidence was obtained pursuant to and within the

8 scope of a warrant constitutes prima facie evidence of the

9 existence of such circumstances.

10 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

11 RULE.—

12 ‘‘(1) GENERALLY.—Evidence shall not be ex13 cluded in a proceeding in a court of the United

14 States on the ground that it was obtained in viola15 tion of a statute, an administrative rule or regula16 tion, or a rule of procedure unless exclusion is ex17 pressly authorized by statute or by a rule prescribed

18 by the Supreme Court pursuant to statutory author19 ity.

20 ‘‘(2) SPECIAL RULE RELATING TO OBJECTIVELY

21 REASONABLE SEARCHES AND SEIZURES.—Evidence

22 which is otherwise excludable under paragraph (1)

23 shall not be excluded if the search or seizure was

24 carried out in circumstances justifying an objectively

25 reasonable belief that the search or seizure was in
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1 conformity with the statute, administrative rule or

2 regulation, or rule of procedure, the violation of

3 which occasioned its being excludable.

4 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

5 not be construed to require or authorize the exclusion of

6 evidence in any proceeding. Nothing in this section shall

7 be construed so as to violate the fourth article of amend8 ments to the Constitution of the United States.

9 ‘‘(d) LIBERAL CONSTRUCTION.—The provisions of

10 this section shall be liberally construed to effectuate its

11 remedial purposes.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 223 of title 18, United States

14 Code, is amended by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

15 SEC. 113. INCREASED MANDATORY MINIMUM SENTENCES

16 FOR CRIMINALS POSSESSING FIREARMS.

17 Section 924(c)(1) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(c)(1)(A) Except to the extent that a greater mini20 mum sentence is otherwise provided by any other provision

21 of this subsection or any other law, a person who, during

22 and in relation to any crime of violence or drug trafficking

23 crime (including a crime of violence or drug trafficking

24 crime which provides for an enhanced punishment if com25 mitted by the use of a deadly or dangerous weapon or de-
26

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1 vice) for which a person may be prosecuted in a court of

2 the United States, uses, carries, or possesses a firearm

3 shall, in addition to the punishment provided for such

4 crime of violence or drug trafficking crime—

5 ‘‘(i) be punished by imprisonment for not less

6 than 10 years;

7 ‘‘(ii) if the firearm is discharged, be punished

8 by imprisonment for not less than 20 years;

9 ‘‘(iii) if the firearm is a machinegun or a de10 structive device, or is equipped with a firearm si11 lencer or firearm muffler, be punished by imprison12 ment for not less than 30 years; and

13 ‘‘(iv) if the death of a person results, be pun14 ished by the death penalty or by imprisonment for

15 life.

16 ‘‘(B) In the case of a second or subsequent conviction

17 of a person under this subsection, such person shall be

18 sentenced to imprisonment for not less than 35 years, and

19 if, in such a case, the death of a person results, such per20 son shall be punished by the death penalty or by imprison21 ment for life.

22 ‘‘(C) Notwithstanding any other provision of law, the

23 court shall not place on probation or suspend the sentence

24 of any person convicted of a violation of this subsection,

25 nor shall the term of imprisonment imposed under this
27

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1 subsection run concurrently with any other term of impris2 onment including that imposed for the crime of violence

3 or drug trafficking crime in which the firearm was pos4 sessed.’’.

5 SEC. 114. INJUNCTIONS TO PROTECT SAFE PUBLIC ENJOY6 MENT OF FEDERAL LANDS.

7 Title 28, United States Code, is amended by inserting

8 after section 519 the following new section:

9 ‘‘§ 519A. Injunctions to protect safe public enjoyment

10 of Federal lands

11 ‘‘(a) ACTION BY ATTORNEY GENERAL.—The Attor12 ney General may commence a civil action against any per13 son who, without lawful authority or permission, engages

14 in activity that is injurious to health, indecent, destructive,

15 or threatening, such that the activity is likely to cause un16 reasonable interference with the public enjoyment of na17 tional parks, national forests, navigable waters, or public

18 lands.

19 ‘‘(b) INJUNCTION.—

20 ‘‘(1) IN GENERAL.—Upon a finding that a per21 son against whom the Attorney General has com22 menced an action under subsection (a) has engaged

23 in activity that is injurious to health, indecent, de24 structive, or threatening, such that the activity is

25 likely to cause unreasonable interference with the
28

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1 public enjoyment of national parks, national forests,

2 navigable waters, or public lands, the district court

3 shall enter an injunction of a scope appropriate to

4 prohibit such activity by the defendant.

5 ‘‘(2) AUTHORITY TO PROHIBIT CERTAIN ACTIVI6 TIES.—An injunction under paragraph (1) may,

7 upon an appropriate showing consistent with the eq8 uitable powers of the district court, include prohibi9 tion within the subject national park, national forest,

10 navigable water, or public land in question, of—

11 ‘‘(A) standing, sitting, walking, driving,

12 gathering, or appearing in public view, together

13 with any other persons as to whom the court

14 makes a finding as set forth in this paragraph;

15 ‘‘(B) drinking alcoholic beverages in public,

16 other than consumption on lawfully licensed

17 premises, or using illegal drugs;

18 ‘‘(C) possessing any weapons, including

19 knives, daggers, clubs, nunchakus, bb guns,

20 firearms, or other objects capable of inflicting

21 serious bodily injury;

22 ‘‘(D) using or possessing marker pens,

23 spray paint, paint cans, nails, razor blades,

24 screwdrivers, or other objects capable of defac25 ing public or private property;
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1 ‘‘(E) blocking free ingress and egress to

2 public sidewalks, streets, or driveways;

3 ‘‘(F) in any manner confronting, intimidat4 ing, harassing, or assaulting other persons;

5 ‘‘(G) causing, encouraging, or participating

6 in the use, possession, or sale of narcotics;

7 ‘‘(H) using or possessing beepers or pagers

8 in any public place;

9 ‘‘(I) possessing channel lock pliers, picks,

10 wire cutters, dent pullers, or other devices capa11 ble of being used to break into locked vehicles;

12 ‘‘(J) signalling to or acting as a lookout

13 for other persons to warn of the approach of

14 police officers, or soliciting, encouraging, or em15 ploying others to do the same;

16 ‘‘(K) climbing any tree, wall, or fence, or

17 passing through any wall or fence by using tun18 nels or other holes in such structures; and

19 ‘‘(L) making, causing, or encouraging oth20 ers to make loud noises or any kind, including

21 yelling and loud music.

22 ‘‘(c) ENFORCEMENT.—The district court shall have

23 the power to enforce injunctions granted under this sec24 tion, including the exercise of contempt power and imposi-
30

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1 tion of fines not to exceed $10,000 for each violation of

2 the court’s order.’’.

3 SEC. 115. ARMED CAREER CRIMINAL ACT PREDICATES: SE4 RIOUS JUVENILE DELINQUENCY DRUG TRAF5 FICKING ADJUDICATIONS.

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

7 is amended—

8 (1) in clause (i), by striking ‘‘or’’ at the end;

9 (2) in clause (ii), by adding ‘‘or’’ at the end;

10 and

11 (3) by adding at the end the following new

12 clause:

13 ‘‘(iii) any act of juvenile delinquency,

14 under Federal or State law, that, if com15 mitted by an adult, would be a serious

16 drug offense described in this paragraph;’’.

17 SEC. 116. INCARCERATION OF VIOLENT OFFENDERS.

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

19 amended—

20 (1) by designating the first 3 undesignated

21 paragraphs as subsections (a) through (c), respec22 tively; and

23 (2) by adding at the end the following new sub24 section:
31

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1 ‘‘(d) The Bureau of Prisons is directed to ensure that

2 juveniles convicted of violent offenses are incarcerated

3 with other juveniles who also have committed violent of4 fenses.’’.

5 SEC. 117. SENTENCING GUIDELINES.

6 Section 994 of title 28, United States Code, is

7 amended—

8 (1) in subsection (h), by inserting ‘‘, or in those

9 cases in which a juvenile is tried as an adult,’’ after

10 ‘‘old or older’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(z) The Commission shall promulgate guidelines, or

14 shall amend existing guidelines, to provide that a defend15 ant found guilty of committing an offense in which the

16 victim of the offense was under the age of 10 years old,

17 or in which the defendant is found guilty of having com18 mitted, attempted to commit, or conspired to commit sex19 ual assault or aggravated sexual assault in which the of20 fense in any manner involved the use of a controlled sub21 stance, shall receive an enhanced sentence.’’.
32

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1 SEC. 118. MANDATORY MINIMUM PRISON SENTENCES FOR

2 PERSONS WHO USE MINORS IN DRUG TRAF3 FICKING ACTIVITIES OR SELL DRUGS TO MI4 NORS.

5 (a) EMPLOYMENT OF PERSON UNDER 18 YEARS OF

6 AGE.—Section 420 of the Controlled Substances Act (21

7 U.S.C. 861) is amended—

8 (1) in subsection (b), by striking the second

9 sentence and by adding at the end the following:

10 ‘‘Except to the extent that a greater minimum sen11 tence is otherwise provided, a term of imprisonment

12 of a person 21 or more years of age convicted of

13 drug trafficking under this subsection shall be not

14 less than 10 years, and a term of imprisonment of

15 a person between the ages of 18 and 21 convicted

16 of drug trafficking under this subsection shall be not

17 less than 3 years. Notwithstanding any other provi18 sion of law, the court shall not place on probation

19 or suspend the sentence of any person sentenced

20 under the preceding sentence.’’; and

21 (2) in subsection (c)—

22 (A) by striking ‘‘one year’’ and inserting

23 ‘‘6 years’’;

24 (B) by inserting after the second sentence

25 the following: ‘‘Except to the extent that a

26 greater minimum sentence is otherwise pro-
33

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1 vided, a term of imprisonment of a person 21

2 or more years of age convicted of drug traffick3 ing under this subsection shall be a mandatory

4 term of life imprisonment. Notwithstanding any

5 other provision of law, the court shall not place

6 on probation or suspend the sentence of any

7 person sentenced under the preceding sen8 tence.’’; and

9 (C) in the third sentence, by striking

10 ‘‘Penalties’’ and inserting: ‘‘Except to the ex11 tent that a greater minimum sentence is other12 wise provided,’’.

13 (b) MANDATORY MINIMUM PRISON SENTENCES FOR

14 PERSONS CONVICTED OF DISTRIBUTION OF DRUGS TO

15 MINORS.—

16 (1) IN GENERAL.—Section 418 of the Con17 trolled Substances Act (21 U.S.C. 859) is amend18 ed—

19 (A) in subsection (a)—

20 (i) by striking ‘‘eighteen’’ and insert21 ing ‘‘21’’;

22 (ii) by striking ‘‘twenty-one’’ and in23 serting ‘‘18’’;
34

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1 (iii) by striking ‘‘not less than one

2 year’’ and inserting ‘‘not less than 10

3 years’’; and

4 (iv) by striking the last sentence;

5 (B) in subsection (b)—

6 (i) by striking ‘‘eighteen’’ and insert7 ing ‘‘21’’;

8 (ii) by striking ‘‘twenty-one’’ and in9 serting ‘‘18’’;

10 (iii) by striking ‘‘not less than one

11 year’’ and inserting ‘‘a mandatory term of

12 life imprisonment’’; and

13 (iv) by striking the last sentence;

14 (C) by adding at the end the following new

15 subsection:

16 ‘‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF

17 MARIJUANA.—The mandatory minimum sentencing provi18 sions of this section shall not apply to offenses involving

19 five grams or less of marijuana.’’; and

20 (D) in the section heading, by striking

21 ‘‘TWENTY-ONE’’ and inserting ‘‘18’’.

22 (2) TECHNICAL AMENDMENT.—The table of

23 contents for the Comprehensive Drug Abuse Preven24 tion and Control Act of 1970 is amended in the item
35

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1 relating to section 418 by striking ‘‘twenty-one’’ and

2 inserting ‘‘18’’.

3 (c) PENALTIES FOR DRUG OFFENSES IN DRUG4 FREE ZONES.—

5 (1) REPEAL.—Section 90102 of the Violent

6 Crime Control and Law Enforcement Act of 1994

7 (42 U.S.C. 14051) is repealed.

8 (2) INCREASED PENALTIES.—Section 419 of

9 the Controlled Substances Act (21 U.S.C. 860) is

10 amended—

11 (A) in subsection (a)—

12 (i) by striking ‘‘not less than one

13 year’’ and inserting ‘‘not less than 5

14 years’’; and

15 (ii) by striking the last sentence;

16 (B) in subsection (b), by striking ‘‘not less

17 than three years’’ and inserting ‘‘not less than

18 10 years’’;

19 (C) by redesignating subsections (c), (d),

20 and (e) as subsections (d), (e), and (f), respec21 tively; and

22 (D) by inserting after subsection (b) the

23 following new subsection:

24 ‘‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF

25 MARIJUANA.—The mandatory minimum sentencing provi-
36

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1 sions of this section shall not apply to offenses involving

2 5 grams or less of marijuana.’’.

3 TITLE II—FEDERAL GANG

4 VIOLENCE ACT OF 1996

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘Federal Gang Violence

7 Act of 1996’’.

8 SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPA9 TION IN CRIME AS A GANG MEMBER.

10 (a) AMENDMENT OF SENTENCING GUIDELINES.—

11 (1) IN GENERAL.—Pursuant to its authority

12 under section 994(p) of title 28, United States Code,

13 the United States Sentencing Commission shall

14 amend chapter 3 of the Federal Sentencing Guide15 lines so that, except with respect to trafficking in co16 caine base, if a defendant was a member of a crimi17 nal street gang at the time of the offense, the of18 fense level is increased by 6 levels

19 (2) CONSTRUCTION WITH OTHER GUIDE20 LINES.—The amendment made pursuant to para21 graph (1) shall provide that the increase in the of22 fense level shall be in addition to any other adjust23 ment under chapter 3 of the Federal Sentencing

24 Guidelines.
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1 (3) DEFINITION.—For purposes of this section,

2 the term ‘‘criminal street gang’’ has the meaning

3 given that term in section 521(a) of title 18, United

4 States Code, as amended by section 203 of this title.

5 SEC. 203. AMENDMENT OF TITLE 18 WITH RESPECT TO

6 CRIMINAL STREET GANGS.

7 Section 521 of title 18, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘(a) DEFINITIONS.—’’ and

11 inserting ‘‘(a) DEFINITIONS.—For purposes of

12 this section the following definitions shall

13 apply.’’;

14 (B) by striking ‘‘ ‘conviction’ ’’ and insert15 ing the following:

16 ‘‘(1) CONVICTION.—The term ‘conviction’ ’’;

17 (C) in paragraph (1), as so designated, by

18 striking ‘‘violent or controlled substances fel19 ony’’ and inserting ‘‘predicate gang crime’’; and

20 (D) by striking ‘‘ ‘criminal street gang’ ’’

21 and all that follows through the end of the sub22 section and inserting the following:

23 ‘‘(2) CRIMINAL STREET GANG.—The term

24 ‘criminal street gang’ means an ongoing group, club,
38

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1 organization, or association of 3 or more persons,

2 whether formal or informal—

3 ‘‘(A) a primary activity of which is the

4 commission of 1 or more predicate gang crimes;

5 ‘‘(B) the members of which engage, or

6 have engaged during the 5-year period preced7 ing the date in question, in a pattern of crimi8 nal activity involving 1 or more predicate gang

9 crimes; and

10 ‘‘(C) the activities of which affect inter11 state or foreign commerce.

12 ‘‘(3) PATTERN OF CRIMINAL ACTIVITY.—The

13 term ‘pattern of criminal activity’ means the com14 mission of 2 or more predicate gang crimes—

15 ‘‘(A) at least 1 of which was committed

16 after the date of enactment of the Federal

17 Gang Violence Act of 1996;

18 ‘‘(B) the last of which was committed not

19 later than 3 years after the commission of an20 other predicate gang crime; and

21 ‘‘(C) which were committed on occasions

22 different from one another.

23 ‘‘(4) PREDICATE GANG CRIME.—The term

24 ‘predicate gang crime’ means—

25 ‘‘(A) an offense described in subsection (c);
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1 ‘‘(B) a State offense—

2 ‘‘(i) involving a controlled substance

3 (as defined in section 102 of the Controlled

4 Substances Act (21 U.S.C. 802)) for which

5 the maximum penalty is imprisonment for

6 not less than 5 years; or

7 ‘‘(ii) that is a felony crime of violence

8 that has as an element the use or at9 tempted use of physical force against the

10 person of another;

11 ‘‘(C) any Federal or State felony offense

12 that by its nature involves a substantial risk

13 that physical force against the person of an14 other may be used in the course of committing

15 the offense, including—

16 ‘‘(i) assault with a deadly weapon;

17 ‘‘(ii) homicide or manslaughter;

18 ‘‘(iii) shooting at an occupied dwelling

19 or motor vehicle;

20 ‘‘(iv) kidnapping;

21 ‘‘(v) carjacking;

22 ‘‘(vi) robbery;

23 ‘‘(vii) drive-by-shooting;
40

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1 ‘‘(viii) tampering with or retaliating

2 against a witness, victim, informant, or

3 juror;

4 ‘‘(ix) rape;

5 ‘‘(x) mayhem;

6 ‘‘(xi) torture; and

7 ‘‘(xii) arson;

8 ‘‘(D) any Federal or State offense that

9 is—

10 ‘‘(i) grand theft;

11 ‘‘(ii) burglary;

12 ‘‘(iii) looting;

13 ‘‘(iv) felony extortion;

14 ‘‘(v) possessing a concealed weapon;

15 ‘‘(vi) grand theft auto;

16 ‘‘(vii) money laundering;

17 ‘‘(viii) felony vandalism;

18 ‘‘(ix) unlawful sale of a firearm; or

19 ‘‘(x) obstruction of justice; and

20 ‘‘(E) a conspiracy, attempt, or solicitation

21 to commit any offense described in subpara22 graphs (A) through (D).’’; and

23 (2) in subsection (d)—

24 (A) in paragraph (1), by striking ‘‘continu25 ing series of offenses described in subsection
41

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1 (c)’’ and inserting ‘‘pattern of criminal activ2 ity’’; and

3 (B) in paragraph (3), by striking ‘‘years

4 for—’’ and all that follows through the end of

5 the paragraph and inserting ‘‘years for a predi6 cate gang crime.’’.

7 SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANS8 PORTATION IN AID OF CRIMINAL STREET

9 GANGS.

10 (a) TRAVEL ACT AMENDMENTS.—

11 (1) PROHIBITED CONDUCT AND PENALTIES.—

12 Section 1952(a) of title 18, United States Code, is

13 amended to read as follows:

14 ‘‘(a) Whoever—

15 ‘‘(1) travels in interstate or foreign commerce

16 or uses the mail or any facility in interstate or for17 eign commerce, with intent to—

18 ‘‘(A) distribute the proceeds of any unlaw19 ful activity;

20 ‘‘(B) commit any crime of violence to fur21 ther any unlawful activity; or

22 ‘‘(C) otherwise promote, manage, establish,

23 carry on, or facilitate the promotion, manage24 ment, establishment, or carrying on, of any un25 lawful activity; and
42

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1 ‘‘(2) thereafter performs, attempts to perform,

2 or conspires to perform—

3 ‘‘(A) an act described in subparagraph (A)

4 or (C) of paragraph (1) shall be fined under

5 this title, imprisoned not more than 10 years,

6 or both; or

7 ‘‘(B) an act described in subparagraph (B)

8 of paragraph (1) shall be fined under this title,

9 imprisoned for not more than 20 years, or both,

10 and if death results from such Act, shall be sen11 tenced to death or be imprisoned for any term

12 of years or for life.’’.

13 (2) UNLAWFUL ACTIVITIES.—Section 1952(b)

14 of title 18, United States Code, is amended to read

15 as follows:

16 ‘‘(b) As used in this section—

17 ‘‘(1) the term ‘unlawful activity’ means—

18 ‘‘(A) activity of a criminal street gang as

19 defined in section 521 of this title;

20 ‘‘(B) any business enterprise involving

21 gambling, liquor on which the Federal excise

22 tax has not been paid, narcotics or controlled

23 substances (as defined in section 102(6) of the

24 Controlled Substances Act (21 U.S.C. 802(6)),

25 or prostitution offenses in violation of the laws
43

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1 of the State in which the offense in committed

2 or of the United States;

3 ‘‘(C) extortion; bribery; arson; robbery;

4 burglary; assault with a deadly weapon; retalia5 tion against or intimidation of witnesses, vic6 tims, jurors, or informants; assault resulting in

7 bodily injury; possession or trafficking of stolen

8 property; trafficking in firearms; kidnapping;

9 alien smuggling; shooting at an occupied dwell10 ing or motor vehicle; or insurance fraud; in vio11 lation of the laws of the State in which the of12 fense is committed or of the United States; or

13 ‘‘(D) any act that is indictable under sub14 chapter II of chapter 53 of title 31, United

15 States Code, or under section 1956 or 1957 of

16 this title; and

17 ‘‘(2) the term ‘State’ includes a State of the

18 United States, the District of Columbia, and any

19 commonwealth, territory, or possession of the United

20 States.’’.

21 (b) SENTENCING GUIDELINES.—Pursuant to its au22 thority under section 994(p) of title 28, United States

23 Code, the United States Sentencing Commission shall

24 amend chapter 2 of the Federal Sentencing Guidelines so

25 that—
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1 (1) the base offense level for traveling in inter2 state or foreign commerce in aid of a street gang or

3 other racketeering enterprise is increased to 12; and

4 (2) the base offense level for the commission of

5 a violent crime in aid of a street gang or other rack6 eteering enterprise is increased to 24.

7 SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN

8 CRIMINAL GANG ACTIVITY.

9 (a) PROHIBITED ACTS.—Chapter 26 of title 18,

10 United States Code, is amended by adding at the end the

11 following new section:

12 ‘‘§ 522. Recruitment of persons to participate in

13 criminal gang activity

14 ‘‘(a) PROHIBITED ACT.—It shall be unlawful for any

15 person to—

16 ‘‘(1) use any facility of, or travel in, interstate

17 or foreign commerce, or cause another to do so, to

18 solicit, request, induce, counsel, command, cause, or

19 facilitate the participation of, a person to participate

20 in a criminal street gang, or otherwise cause another

21 to do so, or conspire to do so; or

22 ‘‘(2) solicit, request, induce, counsel, command,

23 cause, or facilitate the participation of a person to

24 engage in crime for which such person may be pros-
45

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1 ecuted in a court of the United States, or otherwise

2 cause another to do do, or conspire to do so.

3 ‘‘(b) PENALTIES.—A person who violates subsection

4 (a) shall—

5 ‘‘(1)(A) if the person is a minor, be imprisoned

6 for not less than 4 years and not more than 10

7 years, fined not more than $250,000, or both; or

8 ‘‘(B) if the person is not a minor, be impris9 oned for not less than 1 year and not more than 10

10 years, fined not more than $250,000, or both; and

11 ‘‘(2) be liable for any costs incurred by the

12 Federal Government or by any State or local govern13 ment for housing, maintaining, and treating the

14 minor until the minor reaches the age of 18.

15 ‘‘(c) DEFINITIONS.—For purposes of this section—

16 ‘‘(1) the term ‘criminal street gang’ has the

17 same meaning given such term in section 521; and

18 ‘‘(2) the term ‘minor’ means a person who is

19 younger than 18 years of age.’’.

20 (b) SENTENCING GUIDELINES.—Pursuant to its au21 thority under section 994(p) of title 28, United States

22 Code, the United States Sentencing Commission shall

23 amend chapter 2 of the Federal Sentencing Guidelines so

24 that the base offense level for recruitment of a minor to

25 participate in a gang activity is 12.
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1 (c) TECHNICAL AMENDMENT.—The analysis for

2 chapter 26 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘522. Recruitment of persons to participate in criminal gang activity.’’.

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

5 PREDICATES.

6 Section 1961(1) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

9 (2) by inserting before the semicolon at the end

10 of the paragraph the following: ‘‘, or (F) any offense

11 against the United States that is punishable by im12 prisonment for more than 1 year and that involved

13 the use of a person under the age of 18 years in the

14 commission of the offense’’.

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

16 CRIME.

17 Section 924(h) of title 18, United States Code, is

18 amended by striking ‘‘10 years, fined in accordance with

19 this title, or both’’ and inserting ‘‘10 years, and if the

20 transferee is a person who is under 18 years of age, not

21 less than 3 years; fined under this title; or both’’.

22 SEC. 208. PENALTIES.

23 Section 924(a) of title 18, United States Code, is

24 amended—
47

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1 (1) by redesignating paragraph (5), as added by

2 section 110201(b)(2) of the Violent Crime Control

3 and Law Enforcement Act of 1994, as paragraph

4 (6); and

5 (2) in paragraph (6), as so redesignated—

6 (A) by striking subparagraph (A);

7 (B) in subparagraph (B)—

8 (i) by striking ‘‘(B) A person other

9 than a juvenile who knowingly’’ and insert10 ing ‘‘(A) A person who knowingly’’;

11 (ii) in clause (i), by striking ‘‘1 year’’

12 and inserting ‘‘not less than 1 year and

13 not more than 5 years’’; and

14 (iii) in clause (ii), by inserting ‘‘not

15 less than 1 year and’’ after ‘‘imprisoned’’;

16 and

17 (C) by adding at the end the following new

18 subparagraph:

19 ‘‘(B) Notwithstanding subparagraph (A), no

20 mandatory minimum sentence shall apply to a juve21 nile who is less than 13 years of age.’’.

22 SEC. 209. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

23 CAREER CRIMINAL ACT PREDICATES.

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

25 is amended—
48

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1 (1) by striking ‘‘or’’ at the end of clause (i);

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

3 (3) by adding at the end the following new

4 clause:

5 ‘‘(iii) any act of juvenile delinquency

6 that if committed by an adult would be an

7 offense described in clause (i) or (ii);’’.

8 SEC. 210. INCREASE IN TIME LIMITS FOR JUVENILE PRO9 CEEDINGS.

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

11 amended by striking ‘‘thirty’’ and inserting ‘‘70’’.

12 SEC. 211. APPLYING RACKETEERING OFFENSES TO ALIEN

13 SMUGGLING AND FIREARMS OFFENSES.

14 Section 1961(1) of title 18, United States Code, as

15 amended by section 206 of this title, is amended by insert16 ing before the semicolon at the end the following. ‘‘, (G)

17 any act, or conspiracy to commit any act, in violation of

18 section 274(a)(1)(A), 277, or 278 of the Immigration and

19 Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or

20 1328)’’.

21 SEC. 212. ADDITIONAL PROSECUTORS.

22 There are authorized to be appropriated $20,000,000

23 for each of fiscal years 1997, 1998, 1999, 2000, and 2001

24 for the hiring of additional Assistant United States Attor25 neys to prosecute violent youth gangs.
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1 TITLE III—FEDERAL YOUTH VIO2 LENCE CONTROL ACT OF 1996

3 SEC. 301 SHORT TITLE.

4 This title may be cited as the ‘‘Federal Youth Vio5 lence Control Act of 1996’’.

6 SEC. 302. AMENDMENTS TO THE JUVENILE JUSTICE AND

7 DELINQUENCY PREVENTION ACT OF 1974.

8 (a) FINDINGS AND DECLARATION OF PURPOSE.—

9 Title I of the Juvenile Justice and Delinquency Prevention

10 Act of 1974 (42 U.S.C. 5601 et seq.). is amended to read

11 as follows:

12 ‘‘TITLE I—FINDINGS AND

13 DECLARATION OF PURPOSE

14 ‘‘SEC. 101. FINDINGS.

15 ‘‘The Congress finds that—

16 ‘‘(1) recent trends show an upsurge in arrests

17 of adolescents for murder, assault, and weapon use;

18 ‘‘(2) homicide rates for persons between 14 and

19 17 years of age have increased 172 percent over the

20 last 10 years;

21 ‘‘(3) the youth who commit the most serious

22 and violent offenses are becoming more violent;

23 ‘‘(4) the homicide rate for persons between 14

24 and 17 years of age is 4 times the rate for adults;
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1 ‘‘(5) understaffed, overcrowded juvenile courts,

2 prosecutorial and public defender offices, probation

3 services, and correctional facilities and inadequately

4 trained staff in such courts, services, and facilities

5 are not able to provide individualized justice or ef6 fective help;

7 ‘‘(6) current juvenile courts, foster and protec8 tive care programs, and shelter facilities are inad9 equate to meet—

10 ‘‘(A) the needs of children, who, because of

11 this failure to provide effective services, may be12 come delinquents; and

13 ‘‘(B) the needs of society, because insuffi14 cient sanctions are imposed on serious youth of15 fenders;

16 ‘‘(7) existing programs have not adequately re17 sponded to the particular problems of the increasing

18 numbers of young people who are addicted to or who

19 abuse alcohol and other drugs;

20 ‘‘(8) demographic increases projected in the

21 number of youth offenders require reexamination of

22 the prosecution and incarceration of serious violent

23 youth offenders;

24 ‘‘(9) State and local communities that experi25 ence directly the devastating failures of the juvenile
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1 justice system do not presently have sufficient tech2 nical expertise or adequate resources to deal com3 prehensively with the problems of juvenile delin4 quency;

5 ‘‘(10) existing Federal programs have not pro6 vided the direction, coordination, resources, and

7 leadership required to meet the crisis of delinquency;

8 ‘‘(11) despite more than 20 years of experience

9 in prosecuting juvenile offenders, rates of youth vio10 lence have increased dramatically, requiring a

11 change in the approach of Federal efforts to address

12 the problem;

13 ‘‘(12) the high incidence of delinquency in the

14 United States today results in enormous annual eco15 nomic losses and immeasurable loss of human life,

16 personal security, and wasted human resources; and

17 ‘‘(13) juvenile delinquency constitutes a grow18 ing threat to the national welfare that requires im19 mediate and comprehensive action by the Federal

20 Government.

21 ‘‘SEC. 102. PURPOSE AND STATEMENT OF POLICY.

22 ‘‘(a) IN GENERAL.—The purposes of this Act are—

23 ‘‘(1) to hold juveniles accountable for their acts;
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1 ‘‘(2) to provide for the thorough and ongoing

2 evaluation of all Federal juvenile justice and delin3 quency prevention programs;

4 ‘‘(3) to provide technical assistance to public

5 and private nonprofit juvenile justice and delin6 quency prevention programs;

7 ‘‘(4) to establish training programs for persons,

8 including professionals, paraprofessionals, and volun9 teers, who work with delinquents or potential

10 delinquents or whose work or activities relate to ju11 venile delinquency programs;

12 ‘‘(5) to establish a centralized research effort on

13 the problems of juvenile delinquency, including the

14 dissemination of the findings of such research and

15 all data related to juvenile delinquency;

16 ‘‘(6) to develop and encourage the implementa17 tion of national standards for the administration of

18 juvenile justice, including recommendations for ad19 ministrative, budgetary, and legislative action at the

20 Federal, State, and local level to facilitate the adop21 tion of such standards;

22 ‘‘(7) to assist State and local communities with

23 resources to develop and implement programs to

24 keep students in elementary and secondary schools
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1 and to prevent unwarranted and arbitrary suspen2 sions and expulsions;

3 ‘‘(8) to establish a Federal assistance program

4 to deal with the problems of runaway and homeless

5 youth;

6 ‘‘(9) to strengthen families in which juvenile de7 linquency has been a problem, and to remove youth

8 from families that cannot provide them with the

9 moral guidance and discipline necessary to avoid be10 coming violent offenders;

11 ‘‘(10) to assist State and local governments in

12 improving the administration of justice and services

13 for juveniles who enter the system; and

14 ‘‘(11) to reduce the level of youth violence in

15 each of the States.

16 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the

17 Congress to provide the necessary resources, leadership,

18 and coordination—

19 ‘‘(1) to improve the quality of juvenile justice in

20 the United States; and

21 ‘‘(2) to provide resources to the States to com22 bat youth violence and effectively prosecute and pun23 ish violent youth offenders.

24 ‘‘SEC. 103. DEFINITIONS.

25 ‘‘For purposes of this Act—
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1 ‘‘(1) the term ‘Federal juvenile delinquency pro2 gram’ means any juvenile delinquency program that

3 is conducted, directly, or indirectly, or is assisted by

4 any Federal department or agency, including any

5 program funded under this Act;

6 ‘‘(2) the term ‘juvenile delinquency program’

7 means any program or activity related to the im8 provement of the juvenile justice system;

9 ‘‘(3) the term—

10 ‘‘(A) ‘Bureau of Justice Assistance’ means

11 the bureau established by section 401 of title I

12 of the Omnibus Crime Control and Safe Streets

13 Act of 1968;

14 ‘‘(B) ‘Office of Justice Programs’ means

15 the office established by section 101 of the Om16 nibus Crime Control and Safe Streets Act of

17 1968;

18 ‘‘(C) ‘National Institute of Justice’ means

19 the institute established by section 202(a) of

20 the Omnibus Crime Control and Safe Streets

21 Act of 1968; and

22 ‘‘(D) ‘Bureau of Justice Statistics’ means

23 the bureau established by section 302(a) of the

24 Omnibus Crime Control and Safe Streets Act of

25 1968;
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1 ‘‘(4) the term ‘Administrator’ means the Ad2 ministrator of the Bureau of Justice Assistance;

3 ‘‘(5) the term ‘law enforcement and criminal

4 justice’ means any activity pertaining to crime pre5 vention, control, or reduction or the enforcement of

6 the criminal law, including—

7 ‘‘(A) police efforts to prevent, control, or

8 reduce crime or to apprehend criminals;

9 ‘‘(B) activities of courts having criminal

10 jurisdiction and related agencies (including

11 prosecutorial and defender services); and

12 ‘‘(C) activities of corrections, probation, or

13 parole authorities;

14 ‘‘(6) the term ‘State’ means any State of the

15 United States, the District of Columbia, the Com16 monwealth of Puerto Rico, the Trust Territory of

17 the Pacific Islands, the Virgin Islands, Guam, Amer18 ican Samoa and the Commonwealth of the Northern

19 Mariana Islands;

20 ‘‘(7) the term ‘unit of general local government’

21 means any—

22 ‘‘(A) city, county, township, town, borough,

23 parish, village, or other general purpose politi24 cal subdivision of a State;
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1 ‘‘(B) Indian tribe that performs law en2 forcement functions, as determined by the Sec3 retary of the Interior; or

4 ‘‘(C) for the purpose of assistance eligi5 bility, any agency of the District of Columbia

6 government performing law enforcement func7 tions in and for the District of Columbia, and

8 funds appropriated by the Congress for the ac9 tivities of such agency may be used to provide

10 the non-Federal share of the cost of programs

11 or projects funded under this title;

12 ‘‘(8) the term ‘construction’ means acquisition,

13 expansion, remodeling, and alteration of existing

14 buildings, and initial equipment of any such build15 ings, or any combination of such activities (including

16 architects’ fees but not the cost of acquisition of

17 land for buildings);

18 ‘‘(9) the term ‘secure detention facility’ means

19 any public or private residential facility that—

20 ‘‘(A) includes construction fixtures de21 signed to physically restrict the movements and

22 activities of juveniles or other individuals held

23 in lawful custody in such facility; and

24 ‘‘(B) is used for the temporary placement

25 of any juvenile who is accused of having com-
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1 mitted an offense, of any nonoffender, or of any

2 other individual accused of having committed a

3 criminal offense;

4 ‘‘(10) the term ‘secure correctional facility’

5 means any public or private residential facility

6 that—

7 ‘‘(A) includes construction fixtures de8 signed to physically restrict the movements and

9 activities of juveniles or other individuals held

10 in lawful custody in such facility; and

11 ‘‘(B) is used for the placement, after adju12 dication and disposition, of any juvenile who

13 has been adjudicated as having committed an

14 offense, any nonoffender, or any other individ15 ual convicted of a criminal offense;

16 ‘‘(11) the term ‘serious crime’ means—

17 ‘‘(A) criminal homicide;

18 ‘‘(B) forcible rape or other sex offenses

19 punishable as a felony;

20 ‘‘(C) mayhem, kidnapping, aggravated as21 sault, robbery, larceny or theft punishable as a

22 felony;

23 ‘‘(D) motor vehicle theft;

24 ‘‘(E) burglary or breaking and entering;
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1 ‘‘(F) extortion accompanied by threats of

2 violence; and

3 ‘‘(G) arson punishable as a felony;

4 ‘‘(12) the term ‘treatment’ includes medical and

5 other rehabilitative services designed to protect the

6 public, including any services designed to benefit ad7 dicts and other users by—

8 ‘‘(A) eliminating their dependence on alco9 hol or other addictive or nonaddictive drugs; or

10 ‘‘(B) controlling their dependence and sus11 ceptibility to addiction or use;

12 ‘‘(13) the term ‘Indian tribe’ means—

13 ‘‘(A) a federally recognized Indian tribe; or

14 ‘‘(B) an Alaska Native organization;

15 ‘‘(14) the term ‘home-based alternative services’

16 means services provided to a juvenile in the home of

17 the juvenile as an alternative to incarcerating the ju18 venile, and includes home detention; and

19 ‘‘(15) the term ‘jail or lockup for adults’ means

20 a locked facility that is used by a State, unit of local

21 government, or any law enforcement authority to de22 tain or confine adults—

23 ‘‘(A) pending the filing of a charge of vio24 lating a criminal law;
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1 ‘‘(B) awaiting trial on a criminal charge;

2 or

3 ‘‘(C) convicted of violating a criminal

4 law.’’.

5 (b) YOUTH CRIME CONTROL BLOCK GRANTS.—Title

6 II of the Juvenile Justice and Delinquency Prevention Act

7 of 1974 (42 U.S.C. 5611 et seq.) is amended to read as

8 follows:

9 ‘‘TITLE II—YOUTH CRIME

10 CONTROL BLOCK GRANTS

11 ‘‘SEC. 201. YOUTH CRIME CONTROL BLOCK GRANTS.

12 ‘‘(a) IN GENERAL.—The Administrator may make

13 grants to eligible States and units of general local govern14 ment or combinations thereof to assist them in planning,

15 establishing, operating, coordinating, and evaluating

16 projects directly or through grants and contracts with

17 public and private agencies for the development of more

18 effective prosecutions, trials, graduated sanctions, and

19 programs to improve the juvenile justice system.

20 ‘‘(b) USE OF GRANTS.—Grants under this section

21 shall be used (1) to strengthen prosecution and punish22 ment of youth offenders, such as imposition of graduated

23 sanctions, hiring of prosecutors and judges, incarceration

24 of violent offenders for extended periods of time (including

25 up to the length of adult sentences, if necessary); (2) for
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1 prevention, treatment, and transitional programs that in2 clude evaluation components that measure the decrease in

3 risk factors associated with the juvenile participants; or

4 (3) to conduct research on the problems of juvenile delin5 quency.

6 ‘‘(c) REQUIREMENTS.—To be eligible to receive a

7 grant under this section, a State or unit of general local

8 government—

9 ‘‘(1) shall make reasonable efforts, as certified

10 by the governor, to ensure that not later than Janu11 ary 1, 2002—

12 ‘‘(A) proceedings involving juveniles tried

13 as adults will be open to the public;

14 ‘‘(B) criminal records of juveniles tried as

15 adults will be available to the public on the

16 same terms as criminal records of adults;

17 ‘‘(C) juvenile criminal records will be avail18 able to schools and to law enforcement agencies;

19 and

20 ‘‘(D) fingerprint records will be kept for all

21 juvenile offenders;

22 ‘‘(2) shall not detain or confine juveniles alleged

23 to be or determined to be delinquent, or alleged to

24 be or determined to be guilty of an offense, in any

25 institution in which the juvenile has regular physical
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1 or personal contact with adult persons who are in2 carcerated because they have been convicted of a

3 crime or are awaiting trial on criminal charges; and

4 ‘‘(3) shall ensure that religious organizations

5 are eligible, on the same basis as any other private

6 organization, to participate in, and to accept funds,

7 certificates, vouchers, or other forms of disburse8 ment for such participation in, any rehabilitative, as9 sistance, or support program of any type for juve10 niles, if such programs are implemented consistently

11 with the Constitution of the United States, and that

12 such organizations are not subject to discrimination

13 on the ground that they have a religious charter.

14 ‘‘(d) ALLOCATION.—

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

16 and in accordance with regulations promulgated

17 under this title, funds shall be allocated annually

18 among the States on the basis of relative population

19 of people under 18 years of age.

20 ‘‘(2) EXCEPTIONS.—The amount allocated to

21 the Virgin Islands of the United States, Guam,

22 American Samoa, the Trust Territory of the Pacific

23 Islands, and the Commonwealth of the Northern

24 Mariana Islands shall be not less than $75,000 and

25 not more than $100,000.
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1 ‘‘SEC. 202. NATIONAL PROGRAM.

2 ‘‘(a) IN GENERAL.—The Bureau of Justice Assist3 ance shall—

4 ‘‘(1) provide appropriate training to representa5 tives of public and private agencies and organiza6 tions with specific experience in the prevention,

7 treatment, and control of juvenile delinquency; and

8 ‘‘(2) collect, prepare, and disseminate useful

9 data regarding the prevention, treatment, and con10 trol of juvenile delinquency.

11 ‘‘(b) ADDITIONAL POWERS.—In addition to the other

12 powers, express and implied, the Bureau of Justice Assist13 ance may—

14 ‘‘(1) request any Federal agency to supply such

15 statistics, data, program reports, and other material

16 as the National Institute for Juvenile Justice deems

17 necessary to carry out its functions;

18 ‘‘(2) arrange with and reimburse the heads of

19 Federal agencies for the use of personnel or facilities

20 or equipment of such agencies;

21 ‘‘(3) confer with and avail itself of the coopera22 tion, services, records, and facilities of State, munici23 pal, or other public or private local agencies; and

24 ‘‘(4) make grants and enter into contracts with

25 public or private agencies, organizations, or individ-
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1 uals for the partial performance of any functions of

2 the Institute.

3 ‘‘(c) COOPERATION WITH FEDERAL AGENCIES.—

4 Any Federal agency that receives a request from the Insti5 tute under subsection (b)(1) may cooperate with the Bu6 reau of Justice Assistance and shall, to the maximum ex7 tent practicable, consult with and furnish information and

8 advice to the Bureau of Justice Assistance.

9 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) IN GENERAL.—Subject to subsection (b), there

11 are authorized to be appropriated to carry out this title—

12 ‘‘(1) $150,000,000 for fiscal year 1997; and

13 ‘‘(2) such sums as may be necessary for fiscal

14 years 1998, 1999, 2000, and 2001.

15 ‘‘(b) RESTRICTION.—No amount is authorized to be

16 appropriated for a fiscal year to carry out this title unless

17 the aggregate amount appropriated to carry out this title

18 for that fiscal year is not less than the aggregate amount

19 appropriated to carry out this title for the preceding fiscal

20 year.

21 ‘‘(c) SPECIAL GRANTS.—Of amounts made available

22 to carry out this title in any fiscal year, the Administrator

23 shall use—
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1 ‘‘(1) 70 percent to make grants for the

2 strengthening of prosecution and punishment of

3 youthful offenders;

4 ‘‘(2) 15 percent to make grants for prevention,

5 treatment, and transitional services;

6 ‘‘(3) 10 percent for grants for research; and

7 ‘‘(4) 5 percent for salaries and expenses of the

8 Bureau of Justice Assistance related to administer9 ing this title.’’.

10 (c) RUNAWAY AND HOMELESS YOUTH.—Section 385

11 of the Juvenile Justice and Delinquency Prevention Act

12 of 1974 (42 U.S.C. 5751) is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1), by striking ‘‘1993

15 and such sums as may be necessary for fiscal

16 years 1994, 1995, and 1996’’ and inserting

17 ‘‘1997 and such sums as may be necessary for

18 fiscal years 1998, 1999, 2000, and 2001’’; and

19 (B) by striking paragraph (3) and redesig20 nating paragraphs (4) and (5) as paragraphs

21 (3) and (4), respectively;

22 (2) in subsection (b), by striking ‘‘1993 and

23 such sums as may be necessary for fiscal years

24 1994, 1995, and 1996’’ and inserting ‘‘1997 and
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1 such sums as may be necessary for fiscal years

2 1998, 1999, 2000, and 2001’’; and

3 (3) in subsection (c), by striking ‘‘1993, 1994,

4 1995, and 1996’’ and inserting ‘‘1997, 1998, 1999,

5 2000, and 2001’’.

6 (d) MISSING CHILDREN.—Title IV of the Juvenile

7 Justice and Delinquency Prevention Act of 1974 (42

8 U.S.C. 5771 et seq.) is amended—

9 (1) in section 403, by striking paragraph (2)

10 and inserting the following:

11 ‘‘(2) the term ‘Administrator’ means the Ad12 ministrator of the Bureau of Juvenile Justice.’’;

13 (2) in section 408, by striking ‘‘1993, 1994,

14 1995, and 1996’’ and inserting ‘‘1997, 1998, 1999,

15 2000, and 2001’’; and

16 (3) by striking section 404.

17 (e) REPEAL.—Title V of the Juvenile Justice and De18 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

19 is repealed.

20 SEC. 303. TRANSFER OF FUNCTIONS AND SAVINGS PROVI21 SIONS.

22 (a) DEFINITIONS.—For purposes of this section, un23 less otherwise provided or indicated by the context—
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1 (1) the term ‘‘Administrator of the Office’’

2 means the Administrator of the Office of Juvenile

3 Justice and Delinquency Prevention;

4 (2) the term ‘‘Bureau of Justice Assistance’’

5 means the bureau established under section 401 of

6 title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968;

8 (3) the term ‘‘Director’’ means the Director of

9 the Office of Juvenile Accountability established

10 under section (b);

11 (4) the term ‘‘Federal agency’’ has the meaning

12 given the term ‘‘agency’’ by section 551(1) of title

13 5, United States Code;

14 (5) the term ‘‘function’’ means any duty, obli15 gation, power, authority, responsibility, right, privi16 lege, activity, or program;

17 (6) the term ‘‘Office of Juvenile Accountability’’

18 means the office established by subsection (b) of this

19 section;

20 (7) the term ‘‘Office of Juvenile Justice and

21 Delinquency Prevention’’ means the Office of Juve22 nile Justice and Delinquency Prevention within the

23 Department of Justice, established by section 201 of

24 the Juvenile Justice and Delinquency Prevention Act
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1 of 1974, as in effect on the day before the date of

2 enactment of this Act; and

3 (8) the term ‘‘office’’ includes any office, ad4 ministration, agency, institute, unit, organizational

5 entity, or component thereof.

6 (b) ESTABLISHMENT OF OFFICE.—There is estab7 lished within the Bureau of Justice Assistance of the De8 partment of Justice, the Office of Juvenile Accountability,

9 which shall be administrated by a Director who is ap10 pointed by the Attorney General.

11 (c) TRANSFER OF FUNCTIONS.—There are trans12 ferred to the Office of Juvenile Accountability established

13 under subsection (b), all function that the Administrator

14 of the Office exercised before the date of enactment of this

15 Act (including all related functions of any officer or em16 ployee of the Office of Juvenile Justice and Delinquency

17 Prevention) relating to carryinng out the Juvenile Justice

18 and Delinquency Prevention Act of 1974.

19 (d) DETERMINATIONS OF CERTAIN FUNCTIONS BY

20 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec21 essary, the Office of Management and Budget shall make

22 any determination of the functions that are transferred

23 under subsection (b)(11).

24 (e) PERSONNEL PROVISIONS.—
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1 (1) APPOINTMENTS.—The Director may appoint

2 and fix the compensation of such officers and em3 ployees, including investigators, attorneys, and ad4 ministrative law judges, as may be necessary to

5 carry out the respective functions transferred under

6 this title. Except as otherwise provided by law, such

7 officers and employees shall be appointed in accord8 ance with the civil service laws and their compensa9 tion fixed in accordance with title 5, United States

10 Code.

11 (2) EXPERTS AND CONSULTANTS.—The Direc12 tor may obtain the services of experts and consult13 ants in accordance with section 3109 of title 5,

14 United States Code, and compensate such experts

15 and consultants for each day (including travel time)

16 at rates not in excess of the rate of pay for level IV

17 of the Executive Schedule under section 5315 of

18 such title. The Director may pay experts and con19 sultants who are serving away from their homes or

20 regular place of business travel expenses and per

21 diem in lieu of subsistence at rates authorized by

22 sections 5702 and 5703 of such title for persons in

23 Government service employed intermittently.

24 (f) DELEGATION AND ASSIGNMENT.—Except as oth25 erwise expressly prohibited by law or otherwise provided
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1 by this title, the Director may delegate any of the func2 tions transferred to the Director by this title and any func3 tion transferred or granted to the Director after the date

4 of enactment of this Act to such officers and employees

5 of the Office of Juvenile Accountability as the Director

6 may designate, and may authorize successive redelegations

7 of such functions as may be necessary or appropriate. No

8 delegation of functions by the Director under this sub9 section or under any other provision of this title shall re10 lieve the Director of responsibility for the administration

11 of such functions.

12 (g) REORGANIZATION.—The Director is authorized to

13 allocate or reallocate any function transferred under sub14 section (b) among the officers of the Office of Juvenile

15 Accountability, and to establish, consolidate, alter, or dis16 continue such organizational entities in that Office as may

17 be necessary or appropriate.

18 (h) RULES.—The Director is authorized to prescribe,

19 in accordance with the provisions of chapters 5 and 6 of

20 title 5, United States Code, such rules and regulations as

21 the Director determines necessary or appropriate to ad22 minister and manage the functions of the Office of Juve23 nile Accountability.

24 (i) TRANSFER AND ALLOCATION OF APPROPRIA25 TIONS AND PERSONNEL.—Except as otherwise provided
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1 in this title, the personnel employed in connection with,

2 and the assets, liabilities, contracts, property, records, and

3 unexpended balances of appropriations, authorizations, al4 locations, and other funds employed, used, held, arising

5 from, available to, or to be made available in connection

6 with the functions transferred by this title, subject to sec7 tion 1531 of title 31, United States Code, shall be trans8 ferred to the Office of Juvenile Accountability. Unex9 pended funds transferred pursuant to this subsection shall

10 be used only for the purpose for which the funds were

11 originally authorized and appropriated.

12 (j) INCIDENTAL TRANSFERS.—The Director of the

13 Office of Management and Budget, at such time or times

14 as the Director of that Office shall provide, is authorized

15 to make such determinations as may be necessary with

16 regard to the functions transferred by this title, and to

17 make such additional incidental dispositions of personnel,

18 assets, liabilities, grants, contracts, property, records, and

19 unexpended balances of appropriations, authorizations, al20 locations, and other funds held, used, arising from, avail21 able to, or to be made available in connection with such

22 functions, as may be necessary to carry out this title. The

23 Director of the Office of Management and Budget shall

24 provide for the termination of the affairs of all entities

25 terminated by this title and for such further measures and
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1 dispositions as may be necessary to effectuate the pur2 poses of this title.

3 (k) EFFECT ON PERSONNEL.—

4 (1) IN GENERAL.—Except as otherwise pro5 vided by this title, the transfer pursuant to this sec6 tion of full-time personnel (except special Govern7 ment employees) and part-time personnel holding

8 permanent positions shall not cause any such em9 ployee to be separated or reduced in grade or com10 pensation for 1 year after the date of transfer of

11 such employee under this section.

12 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

13 as otherwise provided in this title, any person who,

14 on the day preceding the date of enactment of this

15 Act, held a position compensated in accordance with

16 the Executive Schedule prescribed in chapter 53 of

17 title 5, United States Code, and who, without a

18 break in service, is appointed in the Office of Juve19 nile Accountability to a position having duties com20 parable to the duties performed immediately preced21 ing such appointment shall continue to be com22 pensated in such new position at not less than the

23 rate provided for such previous positions, for the du24 ration of the service of such person in such new po25 sition.
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1 (3) TERMINATION OF CERTAIN POSITIONS.—

2 Postitions whose incumbents are appointed by the

3 President, by and with the consent of the Senate,

4 the functions of which are transferred by this title,

5 shall terminate on the date of enactment of this Act.

6 (l) SAVINGS PROVISIONS.—

7 (1) CONTINUING EFFECT OF LEGAL DOCU8 MENTS.—All orders, determinations, rules, regula9 tions, permits, agreements, grants, contracts, certifi10 cates, licenses, registrations, privileges, and other

11 administrative actions—

12 (A) that have been issued, made, granted,

13 or allowed to become effective by the President,

14 any Federal agency or official thereof, or by a

15 court of competent jurisdiction, in the perform16 ance of functions that are transferred under

17 this title; and

18 (B) that are in effect at the time this title

19 takes effect, or were final before the date of en20 actment of this Act and are to become effective

21 on or after the date of enactment of this Act,

22 shall continue in effect according to their terms until

23 modified, terminated, superseded, set aside, or re24 voked in accordance with law by the President, the
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1 Director or other authorized official, a court of com2 petent jurisdiction, or by operation of law.

3 (2) PROCEEDINGS NOT AFFECTED.—This title

4 shall not affect any proceedings, including notices of

5 proposed rulemaking, or any application for any li6 cense, permit, certificate, or financial assistance

7 pending before the Office of Juvenile Justice and

8 Delinquency Prevention on the date on which this

9 title takes effect, with respect to functions trans10 ferred by this title but such proceedings and applica11 tions shall be continued. Orders shall be issued in

12 such proceedings, appeals shall be taken therefrom,

13 and payments shall be made pursuant to such or14 ders, as if this title had not been enacted, and orders

15 issued in any such proceedings shall continue in ef16 fect until modified, terminated, superseded, or re17 voked by a duly authorized official, by a court of

18 competent jurisdiction, or by operation of law. Noth19 ing in this paragraph shall be deemed to prohibit

20 the discontinuance or modification of any such pro21 ceeding under the same terms and conditions and

22 to the same extent that such proceeding could have

23 been discontinued or modified if this title had not

24 been enacted.
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1 (3) SUITS NOT AFFECTED.—This title shall not

2 affect suits commenced before the date of enactment

3 of this Act, and in all such suits, proceedings shall

4 be had, appeals taken, and judgments rendered in

5 the same manner and with the same effect as if this

6 title had not been enacted.

7 (4) NONABATEMENT OF ACTIONS.—No suit, ac8 tion, or other proceeding commenced by or against

9 the Office of Juvenile Justice and Delinquency Pre10 vention, or by or against any individual in the offi11 cial capacity of such individual as an officer of the

12 Office of Juvenile Justice and Delinquency Preven13 tion, shall abate by reason of the enactment of this

14 title.

15 (5) ADMINISTRATIVE ACTIONS RELATING TO

16 PROMULGATION OF REGULATIONS.—Any administra17 tive action relating to the preparation or promulga18 tion of a regulation by the Office of Juvenile Justice

19 and Delinquency Prevention relating to a function

20 transferred under this title may be continued by the

21 Office of Juvenile Accountability with the same ef22 fect as if this title had not been enacted.

23 (m) SEPARABILITY.—If a provision of this title or its

24 application to any person or circumstance is held invalid,

25 neither the remainder of this title nor the application of
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1 the provision to other persons or circumstances shall be

2 affected.

3 (n) TRANSITION.—The Director is authorized to uti4 lize—

5 (1) the services of such officers, employees, and

6 other personnel of the Office of Juvenile Justice and

7 Delinquency Prevention with respect to functions

8 transferred to the Office of Juvenile Accountability

9 by this title; and

10 (2) funds appropriated to such functions for

11 such period of time as may reasonably be needed to

12 facilitate the orderly implementation of this title.

13 (o) REFERENCES.—Reference in any other Federal

14 law, Executive order, rule, regulation, or delegation of au15 thority, or any document of or relating to—

16 (1) the Administrator of the Office of Juvenile

17 Justice and Delinquency Prevention with regard to

18 functions transferred under subsection (b), shall be

19 deemed to refer to the Director of the Office of Ju20 venile Accountability; and

21 (2) the Office of Juvenile Justice and Delin22 quency Prevention with regard to functions trans23 ferred under subsection (b), shall be deemed to refer

24 to the Office of Juvenile Accountability.
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1 (p) TECHNICAL AND CONFORMING AMENDMENT.—

2 Section 5315 of title 5, United States Code, is amended

3 by striking ‘‘Administrator, Office of Juvenile Justice and

4 Delinquency Prevention’’.

5 (q) ADDITIONAL CONFORMING AMENDMENTS.—

6 (1) RECOMMENDED LEGISLATION.—After con7 sultation with the appropriate committees of the

8 Congress and the Director of the Office of Manage9 ment and Budget, the Administrator of the Bureau

10 of Justice Assistance shall prepare and submit to

11 the Congress recommended legislation containing

12 technical and conforming amendments to reflect the

13 changes made by this title.

14 (2) SUBMISSION TO THE CONGRESS.—Not later

15 than 6 months after the date of enactment of this

16 Act, the Administrator of the Bureau of Justice As17 sistance shall submit the recommended legislation

18 referred to in paragraph (1).

19 TITLE IV—FEDERAL YOUTH VIO20 LENCE PREVENTION ACT OF

21 1996

22 SEC. 401. SHORT TITLE.

23 This title may be cited as the ‘‘Federal Youth Vio24 lence Prevention Act of 1996’’.
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1 SEC. 402. FINDINGS.

2 The Congress finds the following:

3 (1) Parents have primary responsibility for the

4 social, moral, emotional, physical, and cognitive de5 velopment of their children.

6 (2) The lack of supervision of youth by parents

7 and the lack of meaningful activity after school for

8 youth contributes to the spread of violent juvenile

9 delinquency in the form of youth and gang violence,

10 drug trafficking, dangerous and self-destructive be11 havior, and lack of hope among youth in our Nation.

12 (3) The United States expects too much of its

13 schools if the Nation asks the schools to meet single14 handedly the responsibilities described in paragraph

15 (1) in addition to accomplishing their basic edu16 cational mission. Only a strong partnership among

17 community members, local government, law enforce18 ment, juvenile and family courts, local schools and

19 local educational agencies, local businesses, philan20 thropic organizations, the religious community, and

21 families can create a community environment that

22 truly supports the youth of the Nation in reaching

23 their highest potential.

24 (4) Narrowly targeted categorical programs

25 have created a multitude of Federal funding streams

26 which have become a barrier to effective program co-
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1 ordination and the provision of comprehensive serv2 ices for children and youth.

3 (5) It is critical that the Federal Government

4 encourage and empower communities to develop and

5 implement comprehensive youth development plans.

6 SEC. 403. PURPOSES.

7 It is the purpose of this title to support communities

8 that design strategic plans for youth development that—

9 (1) support the primary role of the family in

10 positive youth development;

11 (2) give priority to prevention of youth prob12 lems and crime through youth development;

13 (3) promote increased community coordination

14 and collaboration in meeting the developmental

15 needs of youth;

16 (4) support the development and expansion of

17 programs that respond to local needs; and

18 (5) promote community partnerships that link

19 youth development programs with services provided

20 by community-based youth development organiza21 tions, community-based youth-serving organizations,

22 community-based family-serving organizations, local

23 government (including parks and recreation agen24 cies), law enforcement, juvenile and family courts,
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1 and local schools and local educational agencies, and

2 other segments of the community.

3 SEC. 404. DEFINITIONS.

4 For purposes of this title, the following definitions

5 shall apply:

6 (1) BUREAU.—The term ‘‘Bureau’’ means the

7 Bureau of Justice Assistance.

8 (2) COUNTY.—The term ‘‘county’’, used to

9 refer to a political subdivision of Vermont, Rhode Is10 land, Connecticut, Hawaii, Alaska, or another State

11 with similar local government, means a city, town,

12 township, village, or other general purpose political

13 subdivision.

14 (3) DIRECTOR.—The term ‘‘Director’’ means

15 the Director of the Bureau of Justice Assistance.

16 (4) ELIGIBLE APPLICANT.—The term ‘‘eligible

17 applicant’’ means an applicant who meets the eligi18 bility requirements for a grant under this title.

19 (5) JUVENILE POPULATION.—The term ‘‘juve20 nile population’’ means the population of a State

21 under 18 years of age.

22 (6) OUTCOME OBJECTIVE.—The term ‘‘outcome

23 objective’’ means an objective that relates to the im24 pact of a program or initiative, with respect to the

25 participants in the program or initiative, the fami-
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1 lies, peer groups, or schools of the participants, or

2 the community that the program or initiative serves,

3 including—

4 (A) an objective relating to reducing the

5 incidence of high-risk behaviors, such as school

6 failure, violence, teenage pregnancy, use of alco7 hol, use of illegal drugs, and juvenile delin8 quency, among youth in the community; and

9 (B) an objective relating to increasing pro10 tective factors and reducing risk factors for the

11 participants, the families, peer groups, or

12 schools of the participants, or the community.

13 (7) PROCESS OBJECTIVE.—The term ‘‘process

14 objective’’ means an objective that relates to the

15 manner in which a program or initiative is carried

16 out, including—

17 (A) an objective relating to the degree to

18 which the program or initiative is reaching its

19 intended target population;

20 (B) an objective relating to the degree to

21 which the program or initiative addresses

22 known risk factors for youth problem behaviors

23 and incorporates activities that inhibit the be24 haviors and that build on protective factors for

25 youth;
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1 (C) an objective relating to the number,

2 age, gender, and ethnicity of the youth involved

3 in the program or initiative;

4 (D) an objective relating to the degree to

5 which the services delivered are consistent with

6 the intended program model; and

7 (E) an objective relating to the cost of de8 livering services under the program or initiative.

9 (8) STATE.—The term ‘‘State’’ means any

10 State of the United States, the District of Columbia,

11 the Commonwealth of Puerto Rico, the Virgin Is12 lands, Guam, American Samoa, and the Common13 wealth of the Northern Mariana Islands, except that

14 for purposes of the allocation in section 405, Amer15 ican Samoa and the Commonwealth of the Northern

16 Mariana Islands shall be considered as one state and

17 that for these purposes, 67 percent of the amounts

18 allocated shall be allocated to American Samoa, and

19 33 percent to the Commonwealth of the Northern

20 Mariana Islands.

21 (9) STATE OFFICE.—The term ‘‘State office’’

22 means an office designated by the chief executive of23 ficer of a State to carry out the provisions of this

24 title, as provided in section 507 of the Omnibus
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1 Crime Control and Safe Streets Act of 1968 (42

2 U.S.C. 3757).

3 (10) SUBSTANCE ABUSE.—The term ‘‘substance

4 abuse’’ has the meaning given the term in section

5 534 of the Public Health Service Act (42 U.S.C.

6 290cc–34).

7 (11) YOUTH.—The term ‘‘youth’’ means an in8 dividual who is not younger than age 6 and not

9 older than age 17.

10 SEC. 405. ALLOCATION OF FUNDING.

11 (a) IN GENERAL.—Amounts appropriated under this

12 title shall be allocated to the States as follows:

13 (1) 0.25 percent shall be allocated to each of

14 the participating States; and

15 (2) of the total funds remaining after the allo16 cation under paragraph (1), there shall be allocated

17 to each State an amount which bears the same ratio

18 to the amount of remaining funds described in this

19 paragraph as the juvenile population of such State

20 bears to the population of all the States.

21 (b) DISTRIBUTION BY STATES TO ELIGIBLE APPLI22 CANTS.—

23 (1) ELIGIBLE APPLICANTS.—Each State which

24 receives funds under subsection (a) of this section in
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1 a fiscal year shall make available funds to eligible

2 applicants for the purposes specified in this title.

3 (2) PRIORITIZING.—In distributing funds re4 ceived under this title among eligible applicants, the

5 State shall give priority to those eligible applicants

6 serving jurisdictions with the greatest need in com7 bating crime.

8 (3) REMAINING FUNDS.—Any funds not distrib9 uted to eligible applicants under paragraph (2) shall

10 be available for expenditure by the State involved.

11 (c) APPLICATION REQUIRED.—No funds allocated to

12 a State under subsection (a) or received by a State for

13 distribution under subsection (b) may be distributed by

14 the Director or by the State involved for any program

15 other than a program contained in an approved applica16 tion.

17 (d) ALLOCATION OF FUNDS NOT REQUIRED.—If the

18 Director determines, on the basis of information available

19 during any fiscal year, that a portion of the funds allo20 cated to a State for that fiscal year will not be required

21 or that a State will be unable to qualify or receive funds

22 under this title, or that a State chooses not to participate

23 in the program established under this title, then such por24 tion shall be awarded by the Director to urban, rural, and

25 suburban units of local government or combinations there-
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1 of within such State giving priority to those jurisdictions

2 with greatest need in combating crime.

3 SEC. 406. STATE APPLICATION.

4 To be eligible to receive funds under this title, the

5 State shall prepare, and submit to the Director, an appli6 cation at such time, in such manner, and containing such

7 information, as the Director may reasonably require. Such

8 application shall include, at a minimum, an assurance that

9 the State is prepared to administer such amount in com10 pliance with all the requirements of this title, and, in the

11 case of any application submitted after the first year in

12 which the State receives funds under this title, the State

13 shall submit to the Director an annual program report and

14 the results of an independent audit conducted by the State

15 concerning the administration of such funds.

16 SEC. 407. LOCAL APPLICATION.

17 (a) IN GENERAL.—Each application made by an eli18 gible applicant to a State for funds under this title shall

19 be deemed approved, in whole or in part, by the State not

20 later than 45 days after first received unless the State in21 forms the applicant in writing of specific reasons for dis22 approval. The State shall not finally disapprove any appli23 cation submitted to the State without first affording the

24 applicant reasonable notice and opportunity for reconsid25 eration.
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1 (b) AVAILABILITY OF FUNDS.—Each State which re2 ceives funds under section 405 in a fiscal year shall make

3 such funds available to eligible applicants whose applica4 tion has been submitted to, approved and awarded by the

5 State, within 45 days after the Director has approved the

6 State application and has made funds available to such

7 State. The Director shall have the authority to waive the

8 45-day requirement in this section upon a finding that the

9 State cannot satisfy that requirement consistent with

10 State statutes.

11 SEC. 408. DISTRIBUTION TO GRANT RECIPIENTS.

12 (a) GRANTS.—

13 (1) IN GENERAL.—The State office shall award

14 grants in accordance with this subsection to pay for

15 the Federal share of carrying out youth development

16 programs addressing the process objectives and the

17 outcome objectives established under this title.

18 (2) DISTRIBUTION OF PROGRAM FUNDS.—

19 (A) IN GENERAL.—For each fiscal year for

20 which a State receives a State allotment, the

21 State shall distribute to each eligible applicant

22 in the State such amount as is necessary for

23 the purpose of conducting community-based

24 youth development programs that may include

25 elements of the following:
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1 (i) address the process objectives, and

2 the outcome objectives;

3 (ii) incorporate components that pro4 mote competencies in youth such as—

5 (I) social competencies, such as

6 work and family life skills, problem7 solving skills, and communication

8 skills; and

9 (II) cognitive competencies, such

10 as knowledge, reasoning ability, cre11 ativity, and a lifelong commitment to

12 learning and achievement;

13 (iii) recognize the primary role of the

14 family in positive youth development in

15 order to strengthen families;

16 (iv) promote the involvement of youth

17 (including program participants), parents,

18 and other community members in the plan19 ning and implementation of the programs;

20 (v) identify specific protective factors

21 and reduce risk factors for youth;

22 (vi) coordinate services with other

23 youth and family services in the commu24 nity and help participants access the serv25 ices;
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1 (vii) build relationships between posi2 tive adult role models and youth in pro3 gram settings;

4 (viii) encourage youth leadership and

5 civic involvement;

6 (ix) employ outreach efforts to youth

7 from low-income families and to the fami8 lies; or

9 (x) a relationship to an existing drug

10 and alcohol abuse treatment or rehabilita11 tion program.

12 (B) LIMIT ON USE OF FUNDS.—A program

13 may not use more than 10 percent of amounts

14 provided for preservice and inservice training

15 and educational materials and services for pro16 gram staff.

17 (C) APPLICATION.—To be eligible to re18 ceive an amount referred to in subparagraph

19 (A), the applicant shall prepare and submit to

20 the State an application, at such time, in such

21 manner, and containing such information as the

22 State may reasonably require to assure compli23 ance with this Act. Such application shall in24 clude, at a minimum, a description of the types

25 of activities and services for which the amount
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1 will be provided, information indicating the ex2 tent to which the activities and services achieve

3 the purposes of this title and the purpose de4 scribed in subparagraph (A).

5 (D) PROHIBITION.—Funds may not be ap6 propriated under section 405 to carry out a

7 youth employment program providing sub8 sidized employment opportunities, job training

9 activities, or school-to-work activities for par10 ticipants.

11 (3) REQUEST FOR PROPOSALS.—The State of12 fice shall issue a request for proposals to apply for

13 a grant under paragraph (1). Such request shall

14 specify the process objectives and outcome objectives

15 to be addressed by the applicants submitting the

16 proposals.

17 (4) ELIGIBLE APPLICANTS.—

18 (A) IN GENERAL.—In awarding grants

19 under paragraph (1) for programs, the State

20 office shall take into account the extent to

21 which a program meets the objectives and goals

22 of this title. In the second and subsequent years

23 for which such grants are awarded, the State

24 office shall take into account the extent to

25 which the programs receiving funding through
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1 such grants were successful in meeting the com2 munity process objectives and outcome objec3 tives for youth development programs, including

4 changes in protective factor and risk factor

5 levels.

6 (B) ENTITIES.—Entities eligible to receive

7 grants under this title are—

8 (i) a unit of local government;

9 (ii) the local police department or

10 sheriff’s department;

11 (iii) the local prosecutor’s office;

12 (iv) the local court system;

13 (v) the local public school system;

14 (vi) a local nonprofit, educational, reli15 gious, or community group active in crime

16 prevention or drug use prevention and

17 treatment; and

18 (vii) any combination of the entities

19 described in clauses (i) through (vi).

20 (5) GRANT APPLICATIONS.—To be eligible to

21 receive a grant under this subsection, an entity shall

22 submit an application to the State office at such

23 time, in such manner, and containing such informa24 tion as the State office may reasonably require.
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1 (6) FUNDING PERIOD.—The State office may

2 award such a grant for a period of up to 3 years.

3 The State office may terminate the funding made

4 available through such grant during such grant pe5 riod for a program if the program fails to comply

6 with the requirements of this Act or if insufficient

7 Federal funds are appropriated under section 405 to

8 permit the continuation of funding for the full grant

9 period of all such grants awarded by the State of10 fice.

11 (7) RENEWALS OF GRANTS.—The State office

12 may renew grants made under paragraph (1). After

13 the initial grant period, in determining whether to

14 renew a grant to an entity to carry out activities, the

15 State office shall give substantial weight to the effec16 tiveness of the activities in achieving process objec17 tives and outcome objectives of this title.

18 (8) FEDERAL SHARE REQUIREMENT.—

19 (A) FEDERAL SHARE.—The Federal share

20 of the cost of carrying out a youth development

21 program described in paragraph (1) shall not

22 exceed 90 percent of the costs of a program

23 funded under this title.

24 (B) NON-FEDERAL SHARE.—In providing

25 for the remaining share of the cost of carrying
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1 out such a program, each grant recipient under

2 this subsection—

3 (i) shall provide for such share

4 through non-Federal sources;

5 (ii) may provide for such share

6 through a payment in cash; and

7 (iii) may provide for not more than 50

8 percent of such share through a payment

9 in kind, fairly evaluated, including facili10 ties, equipment, or services.

11 (9) CONTINUATION OF PROGRAMS.—The State

12 office may award a grant under this subsection for

13 the continuation of any program carried out prior to

14 the date of enactment of this Act if the program in15 cludes elements described in section 408(a)(2)(A).

16 (b) ANNUAL REPORTS TO STATE OFFICE.—In carry17 ing out a program under this Act, each grant recipient

18 under subsection (a) shall, not later than 45 days after

19 the end of each fiscal year of the State office, prepare and

20 submit to the State office an annual report on the pro21 gram during the fiscal year, in such manner and contain22 ing such information as the Director may reasonably re23 quire to determine compliance with this Act.

24 (c) EVALUATIONS.—
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1 (1) IN GENERAL.—The Director shall provide

2 for the rigorous and independent evaluation of the

3 delinquency and youth violence prevention programs

4 funded under this title. Evaluations and research

5 studies conducted pursuant to this title shall be

6 independent in nature, and shall employ rigorous

7 and scientifically recognized standards and meth8 odologies.

9 (2) CONTENT OF EVALUATIONS.—Evaluations

10 conducted pursuant to this title shall include meas11 ures of—

12 (A) reductions in delinquency, juvenile

13 crime, youth gang activity, youth substance

14 abuse, and other high-risk factors;

15 (B) reductions in risk factors in young

16 people that contribute to juvenile violence, in17 cluding availability of drugs, transitions and

18 mobility, neighborhood attachment, community

19 disorganization, extreme economic depression,

20 academic failure in schools, lack of commitment

21 to school, alienation and rebelliousness, atti22 tudes favorable to problem behavior, truancy,

23 and dropping out of school; and
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1 (C) increase in protective factors that re2 duce the likelihood of delinquency and criminal

3 behavior.

4 (3) RESERVATION OF FUNDS FOR EVALUATION

5 AND RESEARCH.—

6 (A) IN GENERAL.—The Director shall re7 serve not less than 5 percent of funds appro8 priated to carry out this title in the first year

9 funds are appropriated and not less than 9 per10 cent of funds appropriated under this title in

11 subsequent years, to carry out the evaluation

12 and research required by this title. Funds allo13 cated for evaluation and research shall be re14 served for evaluating programs funded under

15 this title.

16 (B) APPLICATIONS, PROCESS, AND CRI17 TERIA.—Funds for evaluation and research

18 shall be allocated under a competitive program

19 that provides potential grantees with at least 90

20 days to submit applications for funds. Applica21 tions for funds shall be reviewed by qualified

22 scientists with expertise in the fields of crimi23 nology, juvenile delinquency, sociology, psychol24 ogy, research methodology, evaluation research,

25 statistics, and related areas. The evaluation
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1 process shall conform to the process used by the

2 National Institute of Health, National Institute

3 of Justice, or National Science Foundation. The

4 evaluation criteria shall include the normal

5 standards of scientific conduct of evaluation re6 search, the nature and range of programs, as

7 well as the regional and location of programs.

8 SEC. 409. REALLOTMENT AND REALLOCATION.

9 (a) AUTHORITY TO ASSIST STATE OFFICES IN NON10 PARTICIPATING STATES/REALLOTMENT OF STATE

11 FUNDS.—

12 (1) IN GENERAL.—For any fiscal year for

13 which a State does not submit an application for an

14 allotment under section 406, the Director may use

15 the allotment of such State to make direct grants to

16 eligible State offices in the nonparticipating State.

17 (2) APPLICATION.—To be eligible to receive a

18 direct grant under paragraph (1), a State office

19 shall submit an application to the Director at such

20 time, in such manner, and containing such informa21 tion as the Director may reasonably require to as22 sure compliance with this Act, including any infor23 mation that a State office is required to submit in

24 an application under this title.
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1 (b) STATE REALLOTMENT.—For any fiscal year for

2 which a State does not submit an application for an allot3 ment under section 405(c), and the Director does not use

4 the allotment as described in subsection (a), the Director

5 shall make the allotment of such State available to such

6 other States as the Director may determine to be appro7 priate.

8 (c) OBLIGATION AND EXPENDITURE OF FUNDS.—

9 (1) STATE OBLIGATION OF FUNDS.—Any State

10 that receives funds from the Director under this Act

11 shall obligate the funds (other than any amount re12 served under section 408(c)) not later than 6

13 months after the date of such receipt or return the

14 funds to the Director for reallotment in accordance

15 with subsection (b).

16 (2) STATE OFFICE OBLIGATION OF FUNDS.—

17 Any State office that receives funds from a State or

18 the Director under this Act shall obligate the funds

19 not later than 6 months after the date of such re20 ceipt or return the funds to the State for realloca21 tion in accordance with subsection (b), or to the Di22 rector for reallotment in accordance with subsection

23 (a), respectively.

24 (3) GRANT RECIPIENT EXPENDITURE OF

25 FUNDS.—Any grant recipient under section 408
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1 shall expend the funds made available through the

2 grant not later than 3 years after the date of such

3 receipt or return the funds to the State for realloca4 tion.

5 (d) SUPPLEMENT NOT SUPPLANT.—Funds appro6 priated under this Act shall be used to supplement and

7 not supplant other Federal, State, and local public funds

8 expended to provide youth development programs for eligi9 ble individuals.

10 SEC. 410. AUTHORIZATIONS OF APPROPRIATIONS.

11 (a) IN GENERAL.—There are authorized to be appro12 priated for the activities of this Act—

13 (1) $500,000,000 for fiscal year 1997;

14 (2) $500,000,000 for fiscal year 1998;

15 (3) $500,000,000 for fiscal year 1999;

16 (4) $500,000,000 for fiscal year 2000; and

17 (5) $500,000,000 for fiscal year 2001.

18 (b) AVAILABILITY OF FUNDS.—Funds made avail19 able pursuant to subsection (a), in any fiscal year, shall

20 remain available until expended.

21 (c) ALLOCATION.—Funds shall be allocated as de22 scribed in section 405 of this Act.

23 SEC. 411. USES OF FUNDS.

24 (a) LIMITS.—Of the amounts appropriated under this

25 title, not more than 20 percent shall be used for preven-
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1 tion programs. The remaining 80 percent of funds appro2 priated shall be expended in direct support of—

3 (1) the investigation, prosecution, or detention

4 of juvenile offenders; and

5 (2) the collection, distribution, and receipt of

6 records, including photographs and fingerprints, of

7 juvenile offenders that are equivalent to the records

8 that would be kept for adult offenders, if such

9 records are made available to law enforcement au10 thorities of any jurisdiction, and that are made

11 available to officials of any school, school district, or

12 postsecondary school where the individual who is the

13 subject of the juvenile record is enrolled or seeks, in14 tends, or is instructed to enroll, if such school offi15 cials are held liable to the same standards and pen16 alties to which law enforcement and juvenile justice

17 system employees are held liable under Federal and

18 State law, for the handling and disclosure of such

19 information.

20 (b) STATE REQUIREMENTS.—For a State to receive

21 the full amount of the grant authorized under this title,

22 the State must establish authority to prosecute as

23 adults—

24 (1) as a matter of law, juveniles age 14 and

25 older who commit the crime of murder or rape; and
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1 (2) as a matter of law or as a matter of pros2 ecutorial discretion, juveniles age 14 and older who

3 commit the crime of armed robbery, aggravated as4 sault, or distribution of controlled substances.

5 (c) PENALTY.—If a State has not established author6 ity referred to in subsection (b), only 50 percent of the

7 authorized grants amount shall be available to that State.

8 SEC. 412. REPEAL OF UNNECESSARY AND DUPLICATIVE

9 PROGRAMS.

10 The following provisions of law and the amendments

11 made thereby are hereby repealed:

12 (1) Subtitle A through S and subtitles U and

13 X of title III, title V, and title XXVII of the Violent

14 Crime Control and Law Enforcement Act of 1994.

15 (2) The Local Partnership Act.

16 (3) Title IV of the Elementary and Secondary

17 Education Act.

18 (4) Part C of title V of the Elementary and

19 Secondary Education Act.

20 (5) Section 517 of the Public Health Service

21 Act.

22 (6) Part D of title II of the Juvenile Justice

23 and Delinquency Prevention Act.

24 (7) Part G of title II of the Juvenile Justice

25 and Delinquency Prevention Act.
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1 (8) Title V of the Juvenile Justice and Delin2 quency Prevention Act.

3 (9) Section 408 of the Human Services Reau4 thorization Act.

5 (10) Section 682 of the Community Services

6 Block Grants Act.

7 (11) Chapters 1 and 2 of subtitle B of title III

8 of the Anti-Drug Abuse Act.

9 SEC. 413. CIVIL MONETARY PENALTY SURCHARGE.

10 (a) IMPOSITION.—Notwithstanding any other provi11 sion of law, a surcharge of 40 percent of the principal

12 amount of a civil monetary penalty shall be added to each

13 civil monetary penalty at the time it is assessed by the

14 United States or an agency thereof.

15 (b) EFFECTIVE DATES.—A surcharge under sub16 section (a) shall be added to all civil monetary penalties

17 assessed on or after October 1, 1996, or the date of enact18 ment of this title, whichever is later. The authority to add

19 a surcharge under this section shall terminate at 11:59

20 p.m. eastern standard time on October 1, 2001.

21 (c) LIMITATION.—The provisions of this section shall

22 not apply to any monetary penalty assessed under the In23 ternal Revenue Code of 1986.
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1 SEC. 414. HOUSING JUVENILE OFFENDERS.

2 Section 20105(a)(1) of subtitle A of title II of the

3 Violent Crime Control and Law Enforcement Act of 1994

4 (as amended by section 114(a) of the Departments of

5 Commerce, Justice, and State, the Judiciary, and Related

6 Agencies Appropriations Act, 1996 in section 101(a) of

7 Public Law 104–134) is amended by striking ‘‘15’’ and

8 inserting ‘‘30’’.

9 SEC. 415. FUNDING SOURCE.

10 Appropriations for activities authorized in this title

11 may be made from the Violent Crime Reduction Trust

12 Fund.

Æ