II

106TH CONGRESS

1ST SESSION S. 538

To provide for violent and repeat juvenile offender accountability, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1999

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

referred to the Committee on the Judiciary

A BILL

To provide for violent and repeat juvenile offender

accountability, 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 ‘‘Protect Children From Violence Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and declaration of purposes.

Sec. 3. Definitions.
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TITLE I—VIOLENT, ARMED, AND DANGEROUS JUVENILE

OFFENDER ACCOUNTABILITY

Subtitle A—Protecting Children From Drugs, Guns, and Violence

Sec. 101. Increased penalties for distributing drugs to minors.

Sec. 102. Increased penalties for drug trafficking in or near a school or other

protected location.

Sec. 103. Increased penalties for using minors to distribute drugs.

Sec. 104. Drug offenses committed in the presence of children.

Sec. 105. Use of minors in crimes of violence.

Sec. 106. Solicitation or recruitment of minors in criminal gang activity.

Sec. 107. Crimes involving the use of minors as RICO predicates.

Subtitle B—Violent and Repeat Juvenile Offender Accountability

Sec. 121. Treatment of juvenile offenders.

Sec. 122. Definitions.

Sec. 123. Notification after arrest.

Sec. 124. Release and detention prior to disposition.

Sec. 125. Speedy trial.

Sec. 126. Disposition; availability of increased detention, fines, and supervised

release for juvenile offenders.

Sec. 127. Use of juvenile records.

Sec. 128. Implementation of a sentence for juvenile offenders.

Sec. 129. Juvenile adjudications considered in sentencing.

Sec. 130. Violent, armed, and dangerous youth apprehension directive.

Sec. 131. Construction of Federal juvenile corrections facilities.

Subtitle C—Combating Gang Violence

Sec. 141. Increased offense level for participation in crime as a gang member.

Sec. 142. Amendment of title 18 with respect to criminal street gangs.

Sec. 143. Interstate and foreign travel or transportation in aid of criminal

street gangs.

Sec. 144. Serious juvenile drug offenses as armed career criminal predicates.

Sec. 145. Increased penalties for using physical force to tamper with witnesses,

victims, or informants.

TITLE II—ACCOUNTABILITY FOR JUVENILE OFFENDERS AND

PUBLIC PROTECTION INCENTIVE GRANTS TO STATES

Sec. 201. Block grant program.

TITLE III—REFORM OF GRANT PROGRAMS

Sec. 301. Findings and purposes.

Sec. 302. Definitions.

Sec. 303. Office of juvenile justice and delinquency prevention.

Sec. 304. Annual report.

Sec. 305. Block grants for State and local programs.

Sec. 306. State plans.

Sec. 307. Repeals.

Sec. 308. Authorization of appropriations.
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1 SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) at the beginning of the twentieth century,

4 States adopted separate justice systems for juvenile

5 offenders;

6 (2) violent crimes committed by juveniles, such

7 as homicide, rape, and robbery, were virtually an un8 known phenomenon at that time, but the rate at

9 which juveniles commit those crimes has escalated

10 astronomically recently;

11 (3) in 1994—

12 (A) juveniles accounted for nearly 20 per13 cent of all violent crime committed in the

14 United States;

15 (B) 65 percent of juvenile murder victims

16 were killed with a firearm; and

17 (C) 31 percent of juvenile arrests for vio18 lent crimes involved juveniles less than 15 years

19 of age;

20 (4) the number of juvenile arrests for violent

21 crimes is expected to more than double by the year

22 2010;

23 (5) the juveniles who commit the most serious

24 offenses are becoming increasingly violent;

25 (6) the homicide rate for individuals between 14

26 and 17 years of age is 4 times the rate for adults;
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1 (7) according to the results of a nationwide sur2 vey of law enforcement agencies, there are 23,388

3 gangs and 664,906 gang members in the United

4 States;

5 (8) Federal programs for juveniles have not

6 provided the direction, coordination, resources, and

7 leadership required to meet the current crisis in ju8 venile delinquency;

9 (9) the high incidence of delinquency in the

10 United States today results in enormous annual eco11 nomic losses and substantial loss of human life, re12 duction in personal security, and wasted human re13 sources;

14 (10) juvenile delinquency constitutes a growing

15 threat to the national welfare that requires an imme16 diate response by the Federal Government;

17 (11) the rehabilitative model of sentencing for

18 juveniles, which Congress rejected for adult offend19 ers when it enacted the Sentencing Reform Act of

20 1984, is inadequate and inappropriate for dealing

21 with violent and repeat juvenile offenders;

22 (12) an effective strategy for reducing violent

23 juvenile crime requires greater collection of inves24 tigative data and other information, such as finger25 prints and photographs, as well as greater sharing
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1 of that information among Federal, State, and local

2 agencies, including the courts, in the law enforce3 ment and educational systems;

4 (13) data regarding violent juvenile offenders

5 must be made available to the adult criminal justice

6 system if recidivism by criminals is to be addressed

7 adequately;

8 (14) holding juvenile proceedings in secret de9 nies victims of crime the opportunity to attend and

10 be heard at the proceedings, helps juvenile offenders

11 to avoid accountability for their actions, and shields

12 juvenile proceedings from public scrutiny and ac13 countability;

14 (15) the injuries and losses suffered by the vic15 tims of violent crime are no less painful or devastat16 ing because the offender is a juvenile; and

17 (16) the investigation, prosecution, adjudica18 tion, and punishment of criminal offenses committed

19 by juveniles is, and should remain, primarily the re20 sponsibility of the States.

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

22 (1) to reform juvenile law to ensure public safe23 ty and to hold juvenile wrongdoers accountable for

24 their actions, while providing the wrongdoer a genu25 ine opportunity for self-reform;
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1 (2) to revise the procedures in Federal court

2 applicable to the prosecution of juvenile offenders;

3 and

4 (3) to target the problem of violent crime and

5 controlled substance offenses committed by youth

6 gangs.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

10 General’’ means the Attorney General of the United

11 States.

12 (2) CRIME OF VIOLENCE.—The term ‘‘crime of

13 violence’’ has the meaning given that term in section

14 16 of title 18, United States Code.

15 TITLE I—VIOLENT, ARMED, AND

16 DANGEROUS JUVENILE OF17 FENDER ACCOUNTABILITY

18 Subtitle A—Protecting Children

19 From Drugs, Guns, and Violence

20 SEC. 101. INCREASED PENALTIES FOR DISTRIBUTING

21 DRUGS TO MINORS.

22 Section 418 of the Controlled Substances Act (21

23 U.S.C. 859) is amended—

24 (1) in subsection (a), by striking ‘‘one year’’

25 and inserting ‘‘3 years’’; and
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1 (2) in subsection (b), by striking ‘‘one year’’

2 and inserting ‘‘5 years’’.

3 SEC. 102. INCREASED PENALTIES FOR DRUG TRAFFICKING

4 IN OR NEAR A SCHOOL OR OTHER PRO5 TECTED LOCATION.

6 Section 419 of the Controlled Substances Act (21

7 U.S.C. 860) is amended—

8 (1) in subsection (a), by striking ‘‘one year’’

9 and inserting ‘‘3 years’’; and

10 (2) in subsection (b), by striking ‘‘three years’’

11 each place that term appears and inserting ‘‘5

12 years’’.

13 SEC. 103. INCREASED PENALTIES FOR USING MINORS TO

14 DISTRIBUTE DRUGS.

15 Section 420 of the Controlled Substances Act (21

16 U.S.C. 861) is amended—

17 (1) in subsection (b), by striking ‘‘one year’’

18 and inserting ‘‘3 years’’;

19 (2) in subsection (c), by striking ‘‘one year’’

20 and inserting ‘‘5 years’’; and

21 (3) in subsection (d), by striking ‘‘not more

22 than five years or a fine of not more than $50,000

23 or both’’ and inserting ‘‘not more than 10 years, or

24 a fine of not more than $100,000, or both’’.
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1 SEC. 104. DRUG OFFENSES COMMITTED IN THE PRESENCE

2 OF CHILDREN.

3 (a) IN GENERAL.—For the purposes of this Act, an

4 offense is committed in the presence of a child if—

5 (1) it takes place in the line of sight of an indi6 vidual who has not attained the age of 18 years; or

7 (2) an individual who has not attained the age

8 of 18 years habitually resides in the place where the

9 violation occurs.

10 (b) GUIDELINES.—Not later than 120 days after the

11 date of enactment of this Act, the United States Sentenc12 ing Commission shall amend the Federal sentencing guide13 lines to provide, with respect to an offense under part D

14 of the Controlled Substances Act that is committed in the

15 presence of a child—

16 (1) a sentencing enhancement of not less than

17 2 offense levels above the base offense level for the

18 underlying offense or 1 additional year, whichever is

19 greater; and

20 (2) in the case of a second or subsequent such

21 offense, a sentencing enhancement of not less than

22 4 offense levels above the base offense level for the

23 underlying offense, or 2 additional years, whichever

24 is greater.
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1 SEC. 105. USE OF MINORS IN CRIMES OF VIOLENCE.

2 (a) IN GENERAL.—Chapter 1 of title 18, United

3 States Code, is amended by adding at the end the follow4 ing:

5 ‘‘§ 25. Use of minors in crimes of violence

6 ‘‘(a) PENALTIES.—Except as otherwise provided by

7 law, whoever, being not less than 18 years of age, know8 ingly and intentionally uses a minor to commit a crime

9 of violence, or to assist in avoiding detection or apprehen10 sion for a crime of violence, shall—

11 ‘‘(1) be subject to 2 times the maximum impris12 onment and 2 times the maximum fine for the crime

13 of violence; and

14 ‘‘(2) for second or subsequent convictions under

15 this subsection, be subject to 3 times the maximum

16 imprisonment and 3 times the maximum fine other17 wise provided for the crime of violence in which the

18 minor is used.

19 ‘‘(b) DEFINITIONS.—In this section:

20 ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of

21 violence’ has the same meaning as in section 16.

22 ‘‘(2) MINOR.—The term ‘minor’ means a per23 son who is less than 18 years of age.

24 ‘‘(3) USES.—The term ‘uses’ means employs,

25 hires, persuades, induces, entices, or coerces.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 1 of title 18, United States Code, is amended by

3 adding at the end the following:

‘‘25. Use of minors in crimes of violence.’’.

4 SEC. 106. SOLICITATION OR RECRUITMENT OF MINORS IN

5 CRIMINAL GANG ACTIVITY.

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

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

8 following:

9 ‘‘§ 522. Recruitment of minors to participate in crimi10 nal street gang activity

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

12 person to—

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

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

15 recruit, solicit, request, induce, counsel, command,

16 or cause a minor to be a member of a criminal street

17 gang, or conspire to do so; or

18 ‘‘(2) recruit, solicit, request, induce, counsel,

19 command, or cause a minor to engage in a predicate

20 gang crime for which the person may be prosecuted

21 in a court of the United States, or conspire to do so.

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

23 (a) shall—

24 ‘‘(1) be imprisoned not less than 4 years and

25 not more than 10 years, or be imprisoned not less
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1 than 4 years and not more than 10 years and fined

2 under this title; and

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

4 Federal Government or by any State or local govern5 ment for housing, maintaining, and treating the

6 minor until the minor reaches the age of 18.

7 ‘‘(c) DEFINITIONS.—In this section:

8 ‘‘(1) CRIMINAL STREET GANG; PREDICATE

9 GANG CRIME.—The terms ‘criminal street gang’ and

10 ‘predicate gang crime’ have the same meanings as in

11 section 521.

12 ‘‘(2) MINOR.—The term ‘minor’ means a per13 son who is less than 18 years of age.’’.

14 (b) SENTENCING GUIDELINES.—

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

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

17 the United States Sentencing Commission shall

18 amend chapter 2 of the Federal Sentencing Guide19 lines to provide an appropriate enhancement for any

20 offense involving the recruitment of a minor to par21 ticipate in a criminal street gang.

22 (2) DEFINITIONS.—In this subsection:

23 (A) CRIMINAL STREET GANG.—The term

24 ‘‘criminal street gang’’ has the same meaning
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1 as in section 521 of title 18, United States

2 Code.

3 (B) MINOR.—The term ‘‘minor’’ means a

4 person who is less than 18 years of age.

5 (c) CONFORMING AMENDMENT.—The analysis for

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

7 by adding at the end the following:

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

8 SEC. 107. CRIMES INVOLVING THE USE OF MINORS AS RICO

9 PREDICATES.

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

11 amended—

12 (1) by striking ‘‘or’’ before ‘‘(F)’’; and

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

14 of the paragraph the following: ‘‘, or (G) any offense

15 that is subject to a sentencing enhancement under

16 section 25’’.

17 Subtitle B—Violent and Repeat

18 Juvenile Offender Accountability

19 SEC. 121. TREATMENT OF JUVENILE OFFENDERS.

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

21 amended to read as follows:

22 ‘‘§ 5032. Delinquency proceedings in district courts;

23 juveniles tried as adults; transfer for

24 other criminal prosecution

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) SURRENDER TO STATE AUTHORITIES.—A

2 juvenile alleged to have committed an offense

3 against the United States or an act of juvenile delin4 quency may be surrendered to State authorities, but

5 if not so surrendered, shall be proceeded against as

6 a juvenile under this subsection or tried as an adult

7 in the circumstances described in subsection (b).

8 ‘‘(2) JUVENILE PROCEEDINGS.—If a juvenile

9 alleged to have committed an act of juvenile delin10 quency is proceeded against as a juvenile under this

11 section, any proceedings against the juvenile shall be

12 in an appropriate district court of the United States.

13 For such purposes, the court may be convened at

14 any time and place within the district, and shall be

15 open to the public, except that the court may ex16 clude all or some members of the public, other than

17 a victim unless the victim is a witness in the deter18 mination of guilt or innocence, if required by the in19 terests of justice or if other good cause is shown.

20 The United States Attorney having jurisdiction over

21 the offense shall proceed by information or as au22 thorized by section 3401(g) of this title, and no

23 criminal prosecution shall be instituted except as

24 provided in this chapter.
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1 ‘‘(b) JUVENILES TRIED AS ADULTS.—A juvenile who

2 is not less than 14 years of age and who is alleged to have

3 committed an act of juvenile delinquency that, if commit4 ted by an adult, would be a Federal felony offense—

5 ‘‘(1) shall be tried in the appropriate district

6 court of the United States as an adult if the offense

7 charged is—

8 ‘‘(A) murder or attempted murder;

9 ‘‘(B) robbery while armed with a dan10 gerous or deadly weapon;

11 ‘‘(C) battery or assault while armed with a

12 dangerous or deadly weapon;

13 ‘‘(D) forcible rape;

14 ‘‘(E) any serious drug offense that, if com15 mitted by an adult, would be punishable under

16 section 401(b)(1)(A) or 408 of the Controlled

17 Substances Act (21 U.S.C. 841(b)(1)(A), 848)

18 or section 1010(b)(1)(A) of the Controlled Sub19 stances Import and Export Act (21 U.S.C.

20 960(b)(1)(A)); and

21 ‘‘(F) the third or subsequent occasion, un22 related to any previous occasion, on which the

23 juveniles engage in conduct for which adults

24 could be imprisoned for a term exceeding 1

25 year, unless, on a case-by-case basis the United
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1 States district court of appropriate

2 jurisdiction—

3 ‘‘(i) determines, on a motion from the

4 juvenile defendant, that trying such a juve5 nile as an adult is not in the interest of

6 justice (which determination shall not be

7 appealable);

8 ‘‘(ii) records its reasons for making

9 the determination in writing and makes

10 that record available for inspection by the

11 public; and

12 ‘‘(iii) makes a record in writing of the

13 disposition of the juvenile in the juvenile

14 justice system available to the public, not15 withstanding any other law requiring the

16 information to be withheld or limited in

17 any way from access by the public.’’;

18 ‘‘(2) may be tried as an adult, if the United

19 States Attorney having jurisdiction over the offense

20 determines that there is a substantial Federal inter21 est in the case, or the offense otherwise warrants the

22 exercise of Federal jurisdiction if the juvenile is al23 leged to have committed (after the juvenile has at24 tained the age of 13) an act that, if committed by
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1 an adult, would be a felony crime of violence (as

2 that term is defined in section 16); and

3 ‘‘(3) in all other cases, shall be proceeded

4 against as a juvenile.

5 ‘‘(c) FURTHER PROCEEDINGS.—Whenever a juvenile

6 transferred to district court under this section is not con7 victed of the crime upon which the transfer was based or

8 another crime which would have warranted transfer had

9 the juvenile been initially charged with that crime, further

10 proceedings concerning the juvenile shall be conducted

11 pursuant to this chapter.’’.

12 SEC. 122. DEFINITIONS.

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

14 amended to read as follows:

15 ‘‘§ 5031. Definitions

16 ‘‘In this chapter:

17 ‘‘(1) ADULT INMATE.—The term ‘adult inmate’

18 means an individual who has attained the age of 18

19 years and who is in custody for, awaiting trial on,

20 or convicted of criminal charges or an act of juvenile

21 delinquency committed while a juvenile.

22 ‘‘(2) JUVENILE.—The term ‘juvenile’ means—

23 ‘‘(A) a person who has not attained the

24 age of 18 years; or
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1 ‘‘(B) for the purpose of proceedings and

2 disposition under this chapter for an alleged act

3 of juvenile delinquency, a person who has not

4 attained the age of 21 years.

5 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘ju6 venile delinquency’ means the violation of a law of

7 the United States committed by a person before the

8 eighteenth birthday of that person, if the violation—

9 ‘‘(A) would have been a crime if committed

10 by an adult; or

11 ‘‘(B) is a violation of section 922(x).

12 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—

13 ‘‘(A) IN GENERAL.—The term ‘prohibited

14 physical contact’ means—

15 ‘‘(i) any physical contact between a

16 juvenile and an adult inmate; and

17 ‘‘(ii) proximity that provides an op18 portunity for physical contact between a

19 juvenile and an adult inmate.

20 ‘‘(B) EXCLUSION.—The term does not in21 clude supervised proximity between a juvenile

22 and an adult inmate that is brief and incidental

23 or accidental.

24 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—
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1 ‘‘(A) IN GENERAL.—The term ‘sustained

2 oral communication’ means the imparting or

3 interchange of speech by or between a juvenile

4 and an adult inmate.

5 ‘‘(B) EXCEPTION.—The term does not

6 include—

7 ‘‘(i) communication that is accidental

8 or incidental; or

9 ‘‘(ii) sounds or noises that cannot rea10 sonably be considered to be speech.

11 ‘‘(6) STATE.—The term ‘State’ includes a State

12 of the United States, the District of Columbia, any

13 commonwealth, territory, or possession of the United

14 States and, with regard to an act of juvenile delin15 quency that would have been a misdemeanor if com16 mitted by an adult, an Indian tribe (as defined in

17 section 4(e) of the Indian Self-Determination and

18 Education Assistance Act (25 U.S.C. 4506(e))).

19 ‘‘(7) VIOLENT JUVENILE.—The term ‘violent

20 juvenile’ means any juvenile who is alleged to have

21 committed, has been adjudicated delinquent for, or

22 has been convicted of an offense that, if committed

23 by an adult, would be a crime of violence (as defined

24 in section 16).’’.
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1 SEC. 123. NOTIFICATION AFTER ARREST.

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

3 amended—

4 (1) in the first sentence, by striking ‘‘imme5 diately notify the Attorney General and’’ and insert6 ing the following: ‘‘immediately, or as soon as prac7 ticable thereafter, notify the United States Attorney

8 of the appropriate jurisdiction and shall promptly

9 take reasonable steps to notify’’; and

10 (2) in the second sentence of the second undes11 ignated paragraph, by inserting before the period at

12 the end the following: ‘‘, and the juvenile shall not

13 be subject to detention under conditions that permit

14 prohibited physical contact with adult inmates or in

15 which the juvenile and an adult inmate can engage

16 in sustained oral communication’’.

17 SEC. 124. RELEASE AND DETENTION PRIOR TO DISPOSI18 TION.

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

20 amended—

21 (1) by striking ‘‘The magistrate shall insure’’

22 and inserting the following:

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) REPRESENTATION BY COUNSEL.—The

25 magistrate shall ensure’’;
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1 (2) by striking ‘‘The magistrate may appoint’’

2 and inserting the following:

3 ‘‘(2) GUARDIAN AD LITEM.—The magistrate

4 may appoint’’;

5 (3) by striking ‘‘If the juvenile’’ and inserting

6 the following:

7 ‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as

8 provided in subsection (c), if the juvenile’’; and

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

10 ‘‘(c) RELEASE OF CERTAIN JUVENILES.—A juvenile

11 who is to be tried as an adult pursuant to section 5032

12 shall be released pending trial only in accordance with the

13 applicable provisions of chapter 207. The release shall be

14 conducted in the same manner and shall be subject to the

15 same terms, conditions, and sanctions for violation of a

16 release condition as provided for an adult under chapter

17 207.

18 ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE

19 ON RELEASE.—

20 ‘‘(1) IN GENERAL.—A juvenile alleged to have

21 committed, while on release under this section, an

22 offense that, if committed by an adult, would be a

23 Federal criminal offense, shall be subject to prosecu24 tion under section 5032.
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1 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.—

2 Section 3147 shall apply to a juvenile who is to be

3 tried as an adult pursuant to section 5032 for an of4 fense committed while on release under this sec5 tion.’’.

6 SEC. 125. SPEEDY TRIAL.

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

8 amended—

9 (1) by inserting ‘‘who is to be proceeded against

10 as a juvenile pursuant to section 5032 and’’ after

11 ‘‘If an alleged delinquent’’;

12 (2) by striking ‘‘thirty’’ and inserting ‘‘70’’; and

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

14 through the end of the section and inserting the fol15 lowing: ‘‘the court. The periods of exclusion under

16 section 3161(h) shall apply to this section. In deter17 mining whether an information should be dismissed

18 with or without prejudice, the court shall consider

19 the seriousness of the alleged act of juvenile delin20 quency, the facts and circumstances of the case that

21 led to the dismissal, and the impact of a reprosecu22 tion on the administration of justice.’’.
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1 SEC. 126. DISPOSITION; AVAILABILITY OF INCREASED DE2 TENTION, FINES, AND SUPERVISED RELEASE

3 FOR JUVENILE OFFENDERS.

4 (a) DISPOSITION.—Section 5037 of title 18, United

5 States Code, is amended to read as follows:

6 ‘‘§ 5037. Disposition

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) HEARING.—In a proceeding under section

9 5032(a), if the court finds a juvenile to be a juvenile

10 delinquent, the court shall hold a hearing concerning

11 the appropriate disposition of the juvenile not later

12 than 40 court days after the finding of juvenile de13 linquency, unless the court has ordered further study

14 pursuant to subsection (e).

15 ‘‘(2) PREDISPOSITION REPORT.—A predisposi16 tion report shall be prepared by the probation officer

17 who shall promptly provide a copy to the juvenile,

18 counsel for the juvenile, and the attorney for the

19 Government.

20 ‘‘(3) VICTIM IMPACT INFORMATION.—Victim

21 impact information and a copy of the prior convic22 tion record of the juvenile shall be included in each

23 predisposition report under paragraph (2), and vic24 tims, or in appropriate cases their official represent25 atives, shall be provided the opportunity to make a
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1 statement to the court in person or present any in2 formation in relation to the disposition.

3 ‘‘(4) SANCTIONS.—After a dispositional hearing

4 under this subsection, and after considering possible

5 sanctions established pursuant to subsection (f), the

6 court shall impose an appropriate sanction, including

7 the ordering of restitution pursuant to section 3556.

8 ‘‘(5) RELEASE OR DETENTION PENDING AP9 PEAL.—With respect to release or detention pending

10 an appeal or a petition for a writ of certiorari after

11 disposition, the court shall proceed pursuant to

12 chapter 207.

13 ‘‘(b) PROBATION.—

14 ‘‘(1) IN GENERAL.—The term for which proba15 tion may be ordered for a juvenile found to be a ju16 venile delinquent may not extend beyond the maxi17 mum term that would be authorized by section

18 3561(c) if the juvenile had been tried and convicted

19 as an adult.

20 ‘‘(2) APPLICABLE LAW.—Sections 3563, 3564,

21 and 3565 apply to an order placing a juvenile on

22 probation.

23 ‘‘(c) OFFICIAL DETENTION.—

24 ‘‘(1) IN GENERAL.—The term for which official

25 detention may be ordered for a juvenile found to be
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1 a juvenile delinquent may not extend beyond the

2 lesser of—

3 ‘‘(A) the maximum term of imprisonment

4 that would be authorized if the juvenile had

5 been tried and convicted as an adult;

6 ‘‘(B) 10 years; or

7 ‘‘(C) the 26th birthday of the juvenile.

8 ‘‘(2) APPLICABLE LAW.—Section 3624 applies

9 to an order placing a juvenile in detention.

10 ‘‘(d) SUPERVISED RELEASE.—

11 ‘‘(1) IN GENERAL.—The term for which super12 vised release may be ordered for a juvenile found to

13 be a juvenile delinquent may not exceed 5 years.

14 ‘‘(2) APPLICABLE LAW.—Subsections (c)

15 through (i) of section 3583 apply to an order placing

16 a juvenile on supervised release.

17 ‘‘(e) OBSERVATION AND STUDY.—If the court desires

18 more detailed information concerning a juvenile alleged to

19 have committed an act of juvenile delinquency or a juvenile

20 adjudicated delinquent, it may commit the juvenile, after

21 notice and hearing at which the juvenile is represented by

22 counsel, to the custody of the Attorney General for obser23 vation and study by an appropriate agency or entity. Such

24 observation and study shall be conducted on an outpatient

25 basis, unless the court determines that inpatient observa-
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1 tion and study are necessary to obtain the desired infor2 mation. In the case of an alleged juvenile delinquent, inpa3 tient study may be ordered only with the consent of the

4 juvenile and the juvenile’s attorney. The agency or entity

5 shall make a study of all matters relevant to the alleged

6 or adjudicated delinquent behavior and the court’s inquiry.

7 The Attorney General shall submit to the court and the

8 attorneys for the juvenile and the Government the results

9 of the study within 30 days after the commitment of the

10 juvenile, unless the court grants additional time. Time

11 spent in custody under this subsection shall be excluded

12 for purposes of section 5036.

13 ‘‘(f) SENTENCING COMMISSION.—

14 ‘‘(1) IN GENERAL.—The United States Sen15 tencing Commission, in consultation with the Attor16 ney General, shall develop a list of possible sanctions

17 for juveniles adjudicated delinquent.

18 ‘‘(2) LIST.—The list developed under para19 graph (1) shall—

20 ‘‘(A) be comprehensive in nature and en21 compass punishments of varying levels of sever22 ity;

23 ‘‘(B) include terms of confinement; and
26

•S 538 IS

1 ‘‘(C) provide punishments that escalate in

2 severity with each additional or subsequent

3 more serious delinquent conduct.’’.

4 (b) EFFECTIVE DATE.—The United States Sentenc5 ing Commission shall develop the list required pursuant

6 to section 5037(f), as amended by subsection (a), not later

7 than 180 days after the date of enactment of this Act.

8 SEC. 127. USE OF JUVENILE RECORDS.

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

10 amended—

11 (1) in subsection (a), by striking ‘‘Throughout’’

12 and inserting ‘‘Except as otherwise provided this

13 section, throughout’’;

14 (2) by striking subsections (d) and (f) and re15 designating subsection (e) as subsection (d); and

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

17 ‘‘(e) USE OF JUVENILE RECORDS.—

18 ‘‘(1) IN GENERAL.—The court shall comply

19 with the requirements of paragraph (2), if a juvenile

20 is adjudicated delinquent in a juvenile delinquency

21 proceeding for conduct that, if committed by an

22 adult, would constitute a felony.

23 ‘‘(2) REQUIREMENTS.—The requirements re24 ferred to in paragraph (1) are that—
27

•S 538 IS

1 ‘‘(A) a record shall be kept relating to the

2 adjudication that is—

3 ‘‘(i) equivalent to the record that

4 would be kept of an adult conviction for

5 such an offense;

6 ‘‘(ii) retained for a period of time that

7 is equal to the period of time that records

8 are kept for adult convictions;

9 ‘‘(iii) made available to law enforce10 ment agencies of any jurisdiction;

11 ‘‘(iv) made available to officials of a

12 school, school district, or postsecondary

13 school where the individual who is the sub14 ject of the juvenile record seeks, intends,

15 or is instructed to enroll, if those officials

16 are held liable to the same standards and

17 penalties that law enforcement and juvenile

18 justice system employees are held liable to,

19 under Federal and State law for handling

20 and disclosing the information;

21 ‘‘(v) made available to any court hav22 ing criminal jurisdiction over such an indi23 vidual (in a juvenile or adult proceeding)

24 for the purpose of allowing the court to

25 consider the prior juvenile history of the
28

•S 538 IS

1 individual as a relevant factor in determin2 ing appropriate punishment for the individ3 ual at the sentencing hearing; and

4 ‘‘(vi) made available to any govern5 ment agency responsible for dealing with

6 victims of crimes for purposes of—

7 ‘‘(I) responding to an inquiry

8 from any victim of such juvenile delin9 quency or, if the victim is deceased,

10 from a member of the immediate fam11 ily of the victim, related to the final

12 disposition of such juvenile by the

13 court; and

14 ‘‘(II) communicating with a vic15 tim of such juvenile delinquency or, in

16 appropriate cases, with the official

17 representative of a victim, in order

18 to—

19 ‘‘(aa) apprise the victim or

20 representative of the status or

21 disposition of the proceeding;

22 ‘‘(bb) effectuate any other

23 provision of law; or
29

•S 538 IS

1 ‘‘(cc) assist in the allocution

2 at disposition of the victim or the

3 representative of the victim;

4 ‘‘(B) the juvenile shall be fingerprinted

5 and photographed, and the fingerprints and

6 photograph shall be—

7 ‘‘(i) sent to the Identification Division

8 of the Federal Bureau of Investigation;

9 and

10 ‘‘(ii) otherwise made available to the

11 same extent that fingerprints and photo12 graphs of adults are made available; and

13 ‘‘(C) the court in which the adjudication

14 takes place shall transmit to the Identification

15 Division of the Federal Bureau of Investigation,

16 any information concerning the adjudication,

17 including the name, date of adjudication, court,

18 offenses, and disposition, along with a promi19 nent notation that the matter concerns a juve20 nile adjudication.

21 ‘‘(3) DISSEMINATION OF JUVENILE RECORDS

22 BY THE FEDERAL BUREAU OF INVESTIGATION.—

23 ‘‘(A) IN GENERAL.—Any juvenile records

24 received by the Federal Bureau of Investigation

25 under this subsection shall be disseminated to
30

•S 538 IS

1 State and local law enforcement officials to the

2 same extent and on the same terms as the Fed3 eral Bureau of Investigation makes adult

4 records available to those officials, except that

5 all juvenile records shall include a prominent

6 notation that the matter concerns a juvenile ad7 judication.

8 ‘‘(B) INFORMATION TO SCHOOL OFFI9 CIALS.—The head of the Identification Division

10 of the Federal Bureau of Investigation shall

11 provide, upon request, the information received

12 by the Director under this subsection to offi13 cials of a school, school district, or postsecond14 ary school at which the individual who is the

15 subject of the information seeks, intends, or is

16 instructed or ordered to enroll.

17 ‘‘(4) FINGERPRINTING AND PHOTOGRAPHING

18 UPON ARREST OF VIOLENT JUVENILE OFFEND19 ERS.—If a juvenile who is arrested for conduct that,

20 if committed by an adult, would constitute a crime

21 of violence (as that term is defined in section 16)—

22 ‘‘(A) a record equivalent to the record that

23 would be kept for an adult arrested for that

24 conduct, including fingerprints and photo25 graphs, shall be kept; and
31

•S 538 IS

1 ‘‘(B) the fingerprints and photograph shall

2 be—

3 ‘‘(i) sent to the Identification Division

4 of the Federal Bureau of Investigation;

5 and

6 ‘‘(ii) otherwise made available to the

7 same extent that fingerprints and photo8 graphs of adult offenders are made avail9 able.

10 ‘‘(f) RECORDS OF JUVENILES TRIED AS ADULTS.—

11 In any case in which a juvenile is tried as an adult in

12 Federal court, the Federal criminal record of the juvenile

13 shall be made available in the same manner as is applica14 ble to the records of adult defendants.’’.

15 SEC. 128. IMPLEMENTATION OF A SENTENCE FOR JUVE16 NILE OFFENDERS.

17 (a) IN GENERAL.—Section 5039 of title 18, United

18 States Code, is amended to read as follows:

19 ‘‘§ 5039. Implementation of a sentence

20 ‘‘(a) IN GENERAL.—Except as otherwise provided in

21 this chapter, the sentence for a juvenile who is adjudicated

22 delinquent or found guilty of an offense under any pro23 ceeding in a district court of the United States under sec24 tion 5032 shall be carried out in the same manner as for

25 an adult defendant.
32

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1 ‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION,

2 AND SUPERVISED RELEASE.—Subject to subsection (d),

3 the implementation of a sentence of imprisonment is gov4 erned by subchapter C of chapter 229 and, if the sentence

5 includes a term of probation or supervised release, by sub6 chapter A of chapter 229.

7 ‘‘(c) SENTENCES OF FINES AND ORDERS OF RES8 TITUTION; SPECIAL ASSESSMENTS.—

9 ‘‘(1) IN GENERAL.—A sentence of a fine, an

10 order of restitution, or a special assessment under

11 section 3013 shall be implemented and collected in

12 the same manner as for an adult defendant.

13 ‘‘(2) PROHIBITION.—The parent, guardian, or

14 custodian of a juvenile sentenced to pay a fine or or15 dered to pay restitution or a special assessment

16 under section 3013 may not be made liable for such

17 payment by any court.

18 ‘‘(d) SEGREGATION OF JUVENILES; CONDITIONS OF

19 CONFINEMENT.—

20 ‘‘(1) IN GENERAL.—No juvenile committed for

21 incarceration, whether pursuant to an adjudication

22 of delinquency or conviction for an offense, to the

23 custody of the Attorney General may, before the ju24 venile attains the age of 18 years, be placed or re25 tained in any jail or correctional institution in which
33

•S 538 IS

1 the juvenile has prohibited physical contact with

2 adult inmate or can engage in sustained oral com3 munication with adult inmates. To the extent prac4 ticable, violent juveniles shall be kept separate from

5 nonviolent juveniles.

6 ‘‘(2) REQUIREMENTS.—Each juvenile who is

7 committed for incarceration shall be provided with—

8 ‘‘(A) adequate food, heat, light, sanitary

9 facilities, bedding, clothing, and recreation; and

10 ‘‘(B) as appropriate, counseling, education,

11 training, and medical care (including necessary

12 psychiatric, psychological, or other care or

13 treatment).

14 ‘‘(3) COMMITMENT TO FOSTER HOME OR COM15 MUNITY-BASED FACILITY.—Except in the case of a

16 juvenile who is found guilty of a violent felony or

17 who is adjudicated delinquent for an offense that

18 would be a violent felony if the juvenile had been

19 prosecuted as an adult, the Attorney General shall

20 commit a juvenile to a foster home or community21 based facility located in or near his home community

22 if that commitment is—

23 ‘‘(A) practicable;

24 ‘‘(B) in the best interest of the juvenile;

25 and
34

•S 538 IS

1 ‘‘(C) consistent with the safety of the com2 munity.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 chapter 403 of title 18, United States Code, is amended

5 by striking the item relating to section 5039 and inserting

6 the following:

‘‘5039. Implementation of a sentence.’’.

7 SEC. 129. JUVENILE ADJUDICATIONS CONSIDERED IN SEN8 TENCING.

9 Pursuant to its authority under section 994(p) of title

10 28, United States Code, the United States Sentencing

11 Commission shall amend the Federal Sentencing Guide12 lines to provide that, for purposes of sentencing deter13 minations with respect to an adult defendant, an offense

14 contained in the juvenile record of the defendant for which

15 the defendant was adjudicated delinquent, shall be treated

16 in the same manner as an adult offense, if the juvenile

17 offense would have constituted a felony if it had been com18 mitted by the defendant as an adult.

19 SEC. 130. VIOLENT, ARMED, AND DANGEROUS YOUTH AP20 PREHENSION DIRECTIVE.

21 (a) IN GENERAL.—Not later than 180 days after the

22 date of enactment of this Act, the Attorney General shall

23 establish a violent, armed, and dangerous youth apprehen24 sion program consistent with the following requirements:
35

•S 538 IS

1 (1) VIOLENT YOUTH PROSECUTORS.—Each

2 United States attorney shall designate at least 1 as3 sistant United States attorney to prosecute, on ei4 ther a full- or part-time basis, violent, armed, and

5 dangerous youth offenders.

6 (2) TASK FORCE.—Each United States attorney

7 shall establish a violent, armed, and dangerous

8 youth criminal apprehension task force comprised of

9 appropriate law enforcement representatives. The

10 task force shall develop strategies for removing vio11 lent, armed, and dangerous youth offenders from the

12 streets, taking into consideration—

13 (A) the importance of severe punishment

14 in deterring violent youth crime;

15 (B) the effectiveness of Federal and State

16 laws pertaining to apprehension and prosecu17 tion of violent, armed, and dangerous youth of18 fenders;

19 (C) the resources available to each law en20 forcement agency participating in the task

21 force;

22 (D) the nature and extent of the violent

23 youth crime occurring in the district for which

24 the United States attorney is appointed; and
36

•S 538 IS

1 (E) the principle of limited Federal in2 volvement in the prosecution of crimes tradi3 tionally prosecuted in State and local jurisdic4 tions.

5 (3) REPORT ON VIOLENT, ARMED, AND DAN6 GEROUS YOUTH OFFENDERS.—Not less frequently

7 than every other month, the Attorney General shall

8 require each United States attorney to report to the

9 Department of Justice—

10 (A) the number of youths in the district

11 for which the United States attorney is ap12 pointed, who were charged with, or convicted

13 of—

14 (i) a crime of violence;

15 (ii) a Federal felony offense involving

16 a controlled substance (as that term is de17 fined in section 102 of the Controlled Sub18 stances Act (21 U.S.C. 802)) for which the

19 maximum term of imprisonment is not less

20 than 5 years; or

21 (iii) a criminal street gang offense (as

22 defined in section 521 of title 18, United

23 States Code); and
37

•S 538 IS

1 (B) the number of youths referred to a

2 State for prosecution for offenses described in

3 subparagraph (A).

4 (4) COMPILATION AND REPORT ON WAIVERS.—

5 Not less frequently than twice annually, the Attor6 ney General shall submit to Congress a compilation

7 of the information received by the Department of

8 Justice pursuant to paragraph (3) and a report on

9 any waivers granted under subsection (b).

10 (b) WAIVER AUTHORITY.—

11 (1) REQUEST FOR WAIVER.—A United States

12 attorney may request the Attorney General to waive

13 the requirements of subsection (a) with respect to

14 the United States attorney.

15 (2) PROVISION OF WAIVER.—

16 (A) IN GENERAL.—The Attorney General

17 may waive the requirements of subsection (a)

18 pursuant to a request made under paragraph

19 (1), in accordance with guidelines which shall

20 be established by the Attorney General.

21 (B) FACTORS FOR CONSIDERATION.—In

22 establishing guidelines under this paragraph,

23 the Attorney General shall take into consider24 ation the number of assistant United States at25 torneys in the office of the United States attor-
38

•S 538 IS

1 ney making the request and the level of crime

2 committed by violent, armed, and dangerous

3 youth in the district for which the United

4 States attorney is appointed.

5 (c) DEFINITION OF VIOLENT, ARMED, AND DAN6 GEROUS YOUTH.—In this section, the term ‘‘violent,

7 armed, and dangerous youth’’ means a person who is less

8 than 18 years of age and who is charged with—

9 (1) a violation of section 922(g)(1) of title 18,

10 United States Code, having been previously—

11 (A) convicted of a crime of violence; or

12 (B) adjudicated delinquent for an act that

13 would have been a crime of violence, if the per14 son had been an adult at the time the act was

15 committed; or

16 (2) a violation of section 924 of that title;

17 (3) a Federal felony involving a controlled sub18 stance (as defined in section 102 of the Controlled

19 Substances Act (21 U.S.C. 802)) for which the max20 imum term of imprisonment is not less than 5 years;

21 (4) a Federal felony crime of violence that has

22 as an element the use or attempted use of physical

23 force against the person of another; or

24 (5) a criminal street gang offense (as defined in

25 section 521 of title 18, United States Code).
39

•S 538 IS

1 SEC. 131. CONSTRUCTION OF FEDERAL JUVENILE CORREC2 TIONS FACILITIES.

3 (a) IN GENERAL.—Not later than 4 years after the

4 date of enactment of this Act, to ensure that prison cell

5 space is available for the confinement of Federal juvenile

6 offenders, the Bureau of Prisons of the Department of

7 Justice shall establish (through construction and develop8 ment of new facilities, expansion or modification of exist9 ing facilities, or any combination thereof) and operate 4

10 new correctional facilities for the confinement of Federal

11 juvenile offenders.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section.

15 Subtitle C—Combating Gang

16 Violence

17 SEC. 141. INCREASED OFFENSE LEVEL FOR PARTICIPATION

18 IN CRIME AS A GANG MEMBER.

19 (a) DEFINITION.—In this section, the term ‘‘criminal

20 street gang’’ has the meaning given that term in section

21 521 of title 18, United States Code.

22 (b) AMENDMENT OF SENTENCING GUIDELINES.—

23 Pursuant to its authority under section 994(p) of title 28,

24 United States Code, the United States Sentencing Com25 mission shall amend the Federal sentencing guidelines to

26 provide an appropriate enhancement, increasing the of-
40

•S 538 IS

1 fense level by not less than 6 levels, for any offense, if

2 the offense was both committed in connection with, or in

3 furtherance of, the activities of a criminal street gang and

4 the defendant was a member of the criminal street gang

5 at the time of the offense.

6 (c) CONSTRUCTION WITH OTHER GUIDELINES.—

7 The amendment made pursuant to subsection (b) shall

8 provide that the increase in the offense level shall be in

9 addition to any other adjustment under chapter 3 of the

10 Federal sentencing guidelines.

11 SEC. 142. AMENDMENT OF TITLE 18 WITH RESPECT TO

12 CRIMINAL STREET GANGS.

13 (a) IN GENERAL.—Section 521 of title 18, United

14 States Code, is amended—

15 (1) in subsection (a)—

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

17 inserting the following:

18 ‘‘(a) DEFINITIONS.—In this section:’’, and

19 (B) by striking ‘‘ ‘conviction’’ and all that

20 follows through the end of the subsection and

21 inserting the following:

22 ‘‘(1) CRIMINAL STREET GANG.—The term

23 ‘criminal street gang’ means an ongoing group, club,

24 organization, or association of 5 or more persons,

25 whether formal or informal—
41

•S 538 IS

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

2 commission of 1 or more predicate gang crimes;

3 ‘‘(B) any member of which engages, or has

4 engaged during the 5-year period preceding the

5 date at issue, in a pattern of criminal gang ac6 tivity; and

7 ‘‘(C) the activities of which affect inter8 state or foreign commerce.

9 ‘‘(2) PATTERN OF CRIMINAL GANG ACTIVITY.—

10 The term ‘pattern of criminal gang activity’ means

11 the commission of 2 or more predicate gang crimes

12 committed in connection with, or in furtherance of,

13 the activities of a criminal street gang—

14 ‘‘(A) not less than 1 of which was commit15 ted after the date of enactment of the Federal

16 Gang Violence Act;

17 ‘‘(B) the first of which was committed not

18 more than 5 years before the commission of an19 other predicate gang crime; and

20 ‘‘(C) that were committed on separate oc21 casions.

22 ‘‘(3) PREDICATE GANG CRIME.—The term

23 ‘predicate gang crime’ means an offense, including

24 an act of juvenile delinquency that, if committed by

25 an adult, would be an offense that is—
42

•S 538 IS

1 ‘‘(A) a Federal offense—

2 ‘‘(i) that is a crime of violence (as

3 that term is defined in section 16) includ4 ing carjacking, drive-by-shooting, shooting

5 at an unoccupied dwelling or motor vehicle,

6 assault with a deadly weapon, and homi7 cide;

8 ‘‘(ii) that involves a controlled sub9 stance (as that term is defined in section

10 102 of the Controlled Substances Act (21

11 U.S.C. 802)) for which the penalty is im12 prisonment for not less than 5 years;

13 ‘‘(iii) that is a violation of section

14 844, 875, or 876 (relating to extortion and

15 threats), section 1084 (relating to gam16 bling), section 1955 (relating to gambling),

17 or chapter 73 (relating to obstruction of

18 justice);

19 ‘‘(iv) that is a violation of section

20 1956 (relating to money laundering), inso21 far as the violation of that section is relat22 ed to a Federal or State offense involving

23 a controlled substance (as that term is de24 fined in section 102 of the Controlled Sub25 stances Act (21 U.S.C. 802)); or
43

•S 538 IS

1 ‘‘(v) that is a violation of section

2 274(a)(1)(A), 277, or 278 of the Immigra3 tion and Nationality Act (8 U.S.C.

4 1324(a)(1)(A), 1327, or 1328) (relating to

5 alien smuggling);

6 ‘‘(B) a State offense involving conduct that

7 would constitute an offense under subparagraph

8 (A) if Federal jurisdiction existed or had been

9 exercised; or

10 ‘‘(C) a conspiracy, attempt, or solicitation

11 to commit an offense described in subparagraph

12 (A) or (B).

13 ‘‘(4) STATE.—The term ‘State’ includes a State

14 of the United States, the District of Columbia, Puer15 to Rico, Guam, the Virgin Islands, and any other

16 territory or possession of the United States.’’; and

17 (2) by striking subsections (b), (c), and (d) and

18 inserting the following:

19 ‘‘(b) CRIMINAL PENALTIES.—Any person who en20 gages in a pattern of criminal gang activity—

21 ‘‘(1) shall be sentenced to—

22 ‘‘(A) a term of imprisonment of not less

23 than 5 years and not more than 25 years, or

24 a term of imprisonment of not less than 5 years
44

•S 538 IS

1 and not more than 25 years and fined under

2 this title; and

3 ‘‘(B) the forfeiture prescribed in section

4 413 of the Controlled Substances Act (21

5 U.S.C. 853); and

6 ‘‘(2) if any person engages in that activity after

7 1 or more prior convictions under this section have

8 become final, shall be sentenced to—

9 ‘‘(A) a term of imprisonment of not less

10 than 20 years and not more than life, or a term

11 of imprisonment of not less than 20 years and

12 not more than life and fined under this title;

13 and

14 ‘‘(B) the forfeiture prescribed in section

15 412 of the Controlled Substances Act (21

16 U.S.C. 853).

17 ‘‘(c) CERTIFICATION.—A person may not be pros18 ecuted for an offense under this section unless the Attor19 ney General, the Deputy Attorney General, or the Assist20 ant Attorney General for the Criminal Division personally

21 certifies (which certification shall not be subject to review

22 in or by any court) that, in the judgment of that official,

23 the prosecution of that person—

24 ‘‘(1) is in the public interest; and

25 ‘‘(2) is necessary to secure substantial justice.’’.
45

•S 538 IS

1 (b) CONFORMING AMENDMENT.—Section 3663(c)(4)

2 of title 18, United States Code, is amended by inserting

3 before ‘‘chapter 46’’ the following: ‘‘section 521 of this

4 title,’’.

5 SEC. 143. INTERSTATE AND FOREIGN TRAVEL OR TRANS6 PORTATION IN AID OF CRIMINAL STREET

7 GANGS.

8 (a) TRAVEL ACT AMENDMENTS.—

9 (1) PROHIBITED CONDUCT AND PENALTIES.—

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

11 amended to read as follows:

12 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—

13 ‘‘(1) IN GENERAL.—Any person who—

14 ‘‘(A) travels in interstate or foreign com15 merce or uses the mail or any facility in inter16 state or foreign commerce, with intent to—

17 ‘‘(i) distribute the proceeds of any un18 lawful activity; or

19 ‘‘(ii) otherwise promote, manage, es20 tablish, carry on, or facilitate the pro21 motion, management, establishment, or

22 carrying on, of any unlawful activity; and

23 ‘‘(B) after travel or use of the mail or any

24 facility in interstate or foreign commerce de25 scribed in subparagraph (A), performs, at-
46

•S 538 IS

1 tempts to perform, or conspires to perform an

2 act described in clause (i) or (ii) of subpara3 graph (A),

4 shall be imprisoned not more than 10 years, fined

5 under this title, or both.

6 ‘‘(2) CRIMES OF VIOLENCE.—Any person

7 who—

8 ‘‘(A) travels in interstate or foreign com9 merce or uses the mail or any facility in inter10 state or foreign commerce, with intent to com11 mit any crime of violence to further any unlaw12 ful activity; and

13 ‘‘(B) after travel or use of the mail or any

14 facility in interstate or foreign commerce de15 scribed in subparagraph (A), commits, attempts

16 to commit, or conspires to commit any crime of

17 violence to further any unlawful activity,

18 shall be imprisoned not more than 20 years, fined

19 under this title, or both, and if death results shall

20 be sentenced to death or be imprisoned for any term

21 of years or for life.’’.

22 (2) DEFINITIONS.—Section 1952(b) of title 18,

23 United States Code, is amended to read as follows:

24 ‘‘(b) DEFINITIONS.—In this section:
47

•S 538 IS

1 ‘‘(1) CONTROLLED SUBSTANCE.—The term

2 ‘controlled substance’ has the same meaning as in

3 section 102(6) of the Controlled Substances Act (21

4 U.S.C. 802(6)).

5 ‘‘(2) CRIME OF VIOLENCE.—The term ‘crime of

6 violence’ has the same meaning as in section 16.

7 ‘‘(3) STATE.—The term ‘State’ includes a State

8 of the United States, the District of Columbia, and

9 any commonwealth, territory, or possession of the

10 United States.

11 ‘‘(4) UNLAWFUL ACTIVITY.—The term ‘unlaw12 ful activity’ means—

13 ‘‘(A) predicate gang crime (as that term is

14 defined in section 521);

15 ‘‘(B) any business enterprise involving

16 gambling, liquor on which the Federal excise

17 tax has not been paid, narcotics or controlled

18 substances, or prostitution offenses in violation

19 of the laws of the State in which the offense is

20 committed or of the United States;

21 ‘‘(C) extortion, bribery, arson, robbery,

22 burglary, assault with a deadly weapon, retalia23 tion against or intimidation of witnesses, vic24 tims, jurors, or informants, assault resulting in

25 bodily injury, possession of or trafficking in sto-
48

•S 538 IS

1 len property, kidnapping, alien smuggling, or

2 shooting at an occupied dwelling or motor vehi3 cle, in each case, in violation of the laws of the

4 State in which the offense is committed or of

5 the United States; or

6 ‘‘(D) any act that is indictable under sec7 tion 1956 or 1957 of this title or under sub8 chapter II of chapter 53 of title 31.’’.

9 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

12 the United States Sentencing Commission shall

13 amend chapter 2 of the Federal sentencing guide14 lines so that—

15 (A) the base offense level for traveling in

16 interstate or foreign commerce in aid of a

17 criminal street gang or other unlawful activity

18 is increased to 12; and

19 (B) the base offense level for the commis20 sion of a crime of violence in aid of a criminal

21 street gang or other unlawful activity is in22 creased to 24.

23 (2) DEFINITIONS.—In this subsection:

24 (A) CRIMINAL STREET GANG.—The term

25 ‘‘criminal street gang’’ has the meaning given
49

•S 538 IS

1 that term in section 521 of title 18, United

2 States Code.

3 (B) UNLAWFUL ACTIVITY.—The term ‘‘un4 lawful activity’’ has the meaning given that

5 term in section 1952(b) of title 18, United

6 States Code, as amended by this section.

7 SEC. 144. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

8 CAREER CRIMINAL PREDICATES.

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

10 is amended—

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

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

13 and

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

15 ‘‘(iii) any act of juvenile delinquency

16 that if committed by an adult would be an

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

18 SEC. 145. INCREASED PENALTIES FOR USING PHYSICAL

19 FORCE TO TAMPER WITH WITNESSES, VIC20 TIMS, OR INFORMANTS.

21 Section 1512 of title 18, United States Code, is

22 amended—

23 (1) in subsection (a)—
50

•S 538 IS

1 (A) in paragraph (1), by striking ‘‘as pro2 vided in paragraph (2)’’ and inserting ‘‘as pro3 vided in paragraph (3)’’;

4 (B) by redesignating paragraph (2) as

5 paragraph (3);

6 (C) by inserting after paragraph (1) the

7 following:

8 ‘‘(2) USE OF PHYSICAL FORCE TO TAMPER

9 WITH WITNESSES, VICTIMS, OR INFORMANTS.—Who10 ever uses physical force or the threat of physical

11 force against any person, or attempts to do so, with

12 intent to—

13 ‘‘(A) influence, delay, or prevent the testi14 mony of any person in an official proceeding;

15 ‘‘(B) cause or induce any person to—

16 ‘‘(i) withhold testimony, or withhold a

17 record, document, or other object, from an

18 official proceeding;

19 ‘‘(ii) alter, destroy, mutilate, or con20 ceal an object with intent to impair the ob21 ject’s integrity or availability for use in an

22 official proceeding;

23 ‘‘(iii) evade legal process summoning

24 that person to appear as a witness, or to
51

•S 538 IS

1 produce a record, document, or other ob2 ject, in an official proceeding; or

3 ‘‘(iv) be absent from an official pro4 ceeding to which such person has been

5 summoned by legal process; or

6 ‘‘(C) hinder, delay, or prevent the commu7 nication to a law enforcement officer or judge

8 of the United States of information relating to

9 the commission or possible commission of a

10 Federal offense or a violation of conditions of

11 probation, parole, or release pending judicial

12 proceedings;

13 shall be punished as provided in paragraph (3).’’;

14 and

15 (D) by paragraph (3), as redesignated, by

16 striking subparagraph (B) and inserting the fol17 lowing:

18 ‘‘(B) in the case of—

19 ‘‘(i) an attempt to murder; or

20 ‘‘(ii) the use of physical force against

21 any person;

22 imprisonment for not more than 20 years.’’;

23 (2) in subsection (b), by striking ‘‘or physical

24 force’’; and

25 (3) by adding at the end the following:
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1 ‘‘(j) CONSPIRACY.—Whoever conspires to commit any

2 offense under this section or section 1513 shall be subject

3 to the same penalties as those prescribed for the offense

4 the commission of which was the object of the conspir5 acy.’’.

6 TITLE II—ACCOUNTABILITY FOR

7 JUVENILE OFFENDERS AND

8 PUBLIC PROTECTION INCEN9 TIVE GRANTS TO STATES

10 SEC. 201. BLOCK GRANT PROGRAM.

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

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

13 3796 et seq.) is amended to read as follows:

14 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

15 GRANTS

16 ‘‘SEC. 1801. DEFINITIONS.

17 ‘‘In this part:

18 ‘‘(1) DIRECTOR.—The term ‘Director’ means

19 the Director of the Bureau of Justice Assistance of

20 the Department of Justice.

21 ‘‘(2) JUVENILE.—The term ‘juvenile’ means an

22 individual who is 17 years of age or younger.

23 ‘‘(3) LAW ENFORCEMENT EXPENDITURES.—

24 The term ‘law enforcement expenditures’ means the

25 expenditures associated with police, prosecutorial,
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1 legal, and judicial services, and corrections as re2 ported to the Bureau of the Census for the fiscal

3 year preceding the fiscal year for which a determina4 tion is made under this part.

5 ‘‘(4) PART 1 VIOLENT CRIMES.—The term ‘part

6 1 violent crimes’ means murder and nonnegligent

7 manslaughter, forcible rape, robbery, and aggravated

8 assault as reported to the Federal Bureau of Inves9 tigation for purposes of the Uniform Crime Reports.

10 ‘‘(5) STATE.—The term ‘State’ means any

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

12 the Commonwealth of Puerto Rico, the Virgin Is13 lands, American Samoa, Guam, and the Northern

14 Mariana Islands, except that—

15 ‘‘(A) American Samoa, Guam, and the

16 Northern Mariana Islands shall be considered

17 to be 1 State; and

18 ‘‘(B) for purposes of section 1804, 33 per19 cent of the amounts allocated shall be allocated

20 to American Samoa, 50 percent to Guam, and

21 17 percent to the Northern Mariana Islands.

22 ‘‘(6) UNIT OF LOCAL GOVERNMENT.—The term

23 ‘unit of local government’ means—

24 ‘‘(A) a county, township, city, or political

25 subdivision of a county, township, or city, that
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1 is a unit of local government as determined by

2 the Secretary of Commerce for general statis3 tical purposes; and

4 ‘‘(B) the District of Columbia and the rec5 ognized governing body of an Indian tribe or

6 Alaskan Native village that carries out substan7 tial governmental duties and powers.

8 ‘‘SEC. 1802. GRANT AUTHORIZATION.

9 ‘‘(a) IN GENERAL.—In order to promote greater ac10 countability in the juvenile justice system, the Director

11 may make grants in accordance with this part to States,

12 for use by States and units of local government for activi13 ties described in subsection (b).

14 ‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a

15 State, or a unit of local government under this part shall

16 be used by the State or unit of local government for the

17 purpose of promoting greater accountability in the juvenile

18 justice system, including—

19 ‘‘(1) building, expanding, or operating tem20 porary or permanent juvenile correction or detention

21 facilities;

22 ‘‘(2) developing and administering accountabil23 ity-based sanctions for juvenile offenders;
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1 ‘‘(3) hiring additional prosecutors, so that more

2 cases involving violent juvenile offenders can be

3 prosecuted and backlogs reduced;

4 ‘‘(4) providing funding to enable prosecutors to

5 address drug, gang, and youth violence problems

6 more effectively;

7 ‘‘(5) providing funding for technology, equip8 ment, and training to assist prosecutors in identify9 ing and expediting the prosecution of violent juvenile

10 offenders;

11 ‘‘(6) providing funding to enable juvenile courts

12 and juvenile probation offices to be more effective

13 and efficient in holding juvenile offenders account14 able and reducing recidivism;

15 ‘‘(7) the establishment of court-based juvenile

16 justice programs that target young firearms offend17 ers through the establishment of juvenile gun courts

18 for the adjudication and prosecution of juvenile fire19 arms offenders;

20 ‘‘(8) establishing and maintaining interagency

21 information-sharing programs that enable the juve22 nile and criminal justice system, schools, and social

23 services agencies to make more informed decisions

24 regarding the early identification, control, super-
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1 vision, and treatment of juveniles who repeatedly

2 commit serious delinquent or criminal acts;

3 ‘‘(9) establishing and maintaining accountabil4 ity-based programs that work with juvenile offenders

5 who are referred by law enforcement agencies, or

6 that are designed, in cooperation with law enforce7 ment officials, to protect students and school person8 nel from drug, gang, and youth violence; and

9 ‘‘(10) for programs to seek to target, curb, and

10 punish adults who knowingly and intentionally use a

11 juvenile during the commission or attempted com12 mission of a crime, including programs that specifi13 cally provide for additional punishments or sentence

14 enhancements for adults who knowingly and inten15 tionally use a juvenile during the commission or at16 tempted commission of a crime.

17 ‘‘SEC. 1803. ELIGIBILITY.

18 ‘‘(a) ELIGIBILITY.—To be eligible to receive a grant

19 under this part, a State shall submit an application to the

20 Director that demonstrates that the State has in effect

21 or has implemented (or will have in effect or will have im22 plemented not later than 1 year after the date on which

23 the State submits the application) laws, policies, or pro24 grams that provide for each of the following:
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1 ‘‘(1) PROSECUTION OF JUVENILES AS ADULTS

2 FOR CERTAIN OFFENSES.—The State shall prosecute

3 juveniles who are not less than 14 years of age as

4 adults in criminal court, rather than in juvenile de5 linquency proceedings, for conduct constituting—

6 ‘‘(A) murder;

7 ‘‘(B) robbery while armed with a dan8 gerous or deadly weapon;

9 ‘‘(C) battery or assault while armed with a

10 dangerous or deadly weapon;

11 ‘‘(D) forcible rape;

12 ‘‘(E) any serious drug offense that, if com13 mitted by an adult subject to Federal jurisdic14 tion, would be punishable under section

15 401(b)(1)(A) of the Controlled Substances Im16 port and Export Act (21 U.S.C. 960(b)(1)(A));

17 ‘‘(F) the third or subsequent occasion, un18 related to any previous occasion, on which the

19 juveniles engage in conduct for which adults

20 could be imprisoned for a term exceeding 1

21 year, unless, on a case-by-case basis—

22 ‘‘(i) a court determines that trying the

23 juvenile as an adult is not in the interest

24 of justice under State law;
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1 ‘‘(ii) the court records its reasons for

2 making that determination in writing and

3 makes the record available for inspection

4 by the public at large; and

5 ‘‘(iii) the court makes a record in

6 writing of the disposition of the juvenile in

7 the juvenile justice system available to the

8 public to the same extent that records of

9 adult criminal proceedings are open to the

10 public, notwithstanding any other law re11 quiring the information to be withheld or

12 limited in any way from access by the pub13 lic; and

14 ‘‘(G) any other crime or in any other cir15 cumstance, as the State determines to be appro16 priate.

17 ‘‘(2) RECORDKEEPING REQUIREMENTS FOR JU18 VENILE DELINQUENCY PROCEEDINGS.—In any case

19 in which a juvenile is adjudicated delinquent, as de20 fined by Federal or State law, in a juvenile delin21 quency proceeding, for conduct that if committed by

22 an adult would constitute a felony under Federal or

23 State law, the State shall ensure that—

24 ‘‘(A) a record is kept relating to the adju25 dication that is—
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1 ‘‘(i) equivalent to the record that

2 would be kept of an adult conviction for

3 such an offense;

4 ‘‘(ii) retained for a period of time that

5 is equal to the period of time records are

6 kept for adult convictions;

7 ‘‘(iii) made available to law enforce8 ment agencies of any jurisdiction;

9 ‘‘(iv) made available to officials of a

10 school, school district, or postsecondary

11 school in which the individual who is the

12 subject of the juvenile record seeks, in13 tends, or is instructed to enroll, provided

14 that those officials are held liable to the

15 same standards and penalties that law en16 forcement and juvenile justice system em17 ployees are held liable to, under Federal

18 and State law for handling and disclosing

19 the information;

20 ‘‘(v) made available to any court hav21 ing criminal jurisdiction over such an indi22 vidual (in a juvenile or adult proceeding)

23 for the purpose of allowing the court to

24 consider the entire juvenile history of the

25 individual as a relevant factor in determin-
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1 ing appropriate punishment for the individ2 ual at the sentencing hearing; and

3 ‘‘(vi) made available to any govern4 ment agency responsible for dealing with

5 victims of crime for purposes of—

6 ‘‘(I) responding to an inquiry

7 from any victim of such juvenile delin8 quency or, if the victim is deceased,

9 from a member of the immediate fam10 ily of the victim, related to the final

11 disposition of such juvenile by the

12 court; and

13 ‘‘(II) communicating with a vic14 tim of such juvenile delinquency or, in

15 appropriate cases, with the official

16 representative of a victim, in order

17 to—

18 ‘‘(aa) apprise the victim or

19 representative of the status or

20 disposition of the proceeding;

21 ‘‘(bb) effectuate any other

22 provision of law; or

23 ‘‘(cc) assist in the allocution

24 at disposition of the victim or the

25 representative of the victim;
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1 ‘‘(B) the juvenile is fingerprinted and pho2 tographed, and the fingerprints and photograph

3 are sent to the Identification Division of the

4 Federal Bureau of Investigation; and

5 ‘‘(C) the court in which the adjudication

6 takes place transmits to the Identification Divi7 sion of the Federal Bureau of Investigation, in8 formation concerning the adjudication, includ9 ing the name, date of adjudication, court, of10 fenses, and disposition, along with a prominent

11 notation that the matter concerns a juvenile ad12 judication.

13 ‘‘(3) FINGERPRINTING AND PHOTOGRAPHING

14 UPON ARREST OF VIOLENT JUVENILE OFFEND15 ERS.—In any case in which a juvenile is arrested for

16 conduct that if committed by an adult would con17 stitute a crime of violence (as that term is defined

18 in section 16 of title 18, United States Code), the

19 State shall ensure that—

20 ‘‘(A) the juvenile is fingerprinted and pho21 tographed;

22 ‘‘(B) the fingerprints and photograph are

23 submitted to the Identification Division of the

24 Federal Bureau of Investigation in the same
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1 manner in which fingerprints and photographs

2 of adult offenders are submitted.

3 ‘‘(4) PENALTIES FOR ADULTS WHO USE JUVE4 NILES IN CRIMES OF VIOLENCE OR DRUG OF5 FENSES.—

6 ‘‘(A) IN GENERAL.—In any case in which

7 an adult knowingly and intentionally uses a ju8 venile during the commission or attempted com9 mission of a crime of violence or an offense in10 volving a controlled substance, the State shall

11 provide for an enhanced sentence or a criminal

12 penalty for the adult.

13 ‘‘(B) DEFINITIONS.—In this paragraph:

14 ‘‘(i) CONTROLLED SUBSTANCE.—The

15 term ‘controlled substance’ has the same

16 meaning as in section 102 of the Con17 trolled Substances Act (21 U.S.C. 802) for

18 which the penalty is imprisonment of not

19 less than 5 years.

20 ‘‘(ii) CRIME OF VIOLENCE.—The term

21 ‘crime of violence’ has the same meaning

22 as in section 16 of title 18, United States

23 Code.
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1 ‘‘(iii) USES.—The term ‘uses’ means

2 employs, hires, persuades, induces, entices,

3 or coerces.

4 ‘‘(b) ADDITIONAL AMOUNT BASED ON ACCOUNT5 ABILITY-BASED JUVENILE CRIME CONTROL PRAC6 TICES.—Each State that receives a grant under this part

7 shall be eligible to receive an additional amount added to

8 the grant, if the State demonstrates that the State has

9 in effect, or will have in effect not later than 1 year after

10 the deadline established by the Administrator for the sub11 mission of applications under subsection (a) for the fiscal

12 year at issue, 1 or more of the following accountability13 based juvenile crime control practices:

14 ‘‘(1) GRADUATED SANCTIONS.—Graduated

15 sanctions for juvenile delinquents, ensuring a sanc16 tion for every delinquent act, and escalating sanc17 tions for each subsequent delinquent act.

18 ‘‘(2) VICTIMS’ RIGHTS.—Increased victims’

19 rights, including—

20 ‘‘(A) the right to be present at any juvenile

21 proceeding at which the juvenile defendant has

22 that right;

23 ‘‘(B) the right to be notified of any release

24 or escape of an offender who committed a crime

25 against a particular victim; and
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1 ‘‘(C) the right to full restitution.

2 ‘‘(3) RESTITUTION PROGRAMS FOR YOUNG OF3 FENDERS.—Restitution programs, such as any pro4 gram that gives juvenile offenders the opportunity to

5 assume responsibility for their delinquent acts by

6 earning restitution for their victims while working at

7 community or public agencies.

8 ‘‘(4) HABITUAL OFFENDER PROGRAM.—A seri9 ous habitual offender comprehensive action program

10 that—

11 ‘‘(A) establishes a multidisciplinary inter12 agency case management and information shar13 ing system, that enables the juvenile and crimi14 nal justice system, schools, and social service

15 agencies to make informed decisions regarding

16 early identification, control, supervision, and

17 treatment of juveniles who repeatedly commit

18 serious delinquent or criminal acts;

19 ‘‘(B) requires, under each program de20 scribed in subparagraph (A), each unit of local

21 government in a State to establish a multidisci22 plinary agency comprised of representatives

23 from—

24 ‘‘(i) law enforcement organizations;

25 ‘‘(ii) school districts;
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1 ‘‘(iii) State’s attorneys offices;

2 ‘‘(iv) court services;

3 ‘‘(v) State and county children and

4 family services; and

5 ‘‘(vi) any additional organizations,

6 groups, or agencies determined by the

7 State to be appropriate to accomplish the

8 purposes described in subparagraph (A),

9 including—

10 ‘‘(I) juvenile detention centers;

11 ‘‘(II) mental and medical health

12 agencies; and

13 ‘‘(III) the community;

14 ‘‘(C) requires each multidisciplinary agency

15 established under subparagraph (B) to adopt,

16 by a majority of its members, criteria to iden17 tify individuals who are serious habitual offend18 ers;

19 ‘‘(D)(i) requires each multidisciplinary

20 agency established under subparagraph (B) to

21 adopt, by a majority of its members, an inter22 agency information sharing agreement to be

23 signed by the chief executive officer of each or24 ganization and agency represented in the multi25 disciplinary agency; and
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1 ‘‘(ii) requires an interagency information

2 sharing agreement referred to in clause (i) to

3 require that—

4 ‘‘(I) all records pertaining to serious

5 habitual offenders shall be kept confiden6 tial to the extent required by State law;

7 ‘‘(II) information in the records may

8 be made available to other staff from mem9 ber organizations and agencies as author10 ized by the multidisciplinary agency for the

11 purposes of promoting case management,

12 community supervision, conduct control,

13 and tracking of the serious habitual of14 fender for the application and coordination

15 of appropriate services; and

16 ‘‘(III) access to the information in the

17 records shall be limited to individuals who

18 provide direct services to the serious habit19 ual offender or who provide community

20 conduct control and supervision to the seri21 ous habitual offender.

22 ‘‘(5) CONSTRUCTION OF JUVENILE CORREC23 TIONAL FACILITIES.—

24 ‘‘(A) IN GENERAL.—The construction, de25 velopment, expansion, modification, or improve-
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1 ment of secure juvenile correctional facilities or

2 secure detention facilities.

3 ‘‘(B) DEFINITIONS.—In this paragraph:

4 ‘‘(i) SECURE DETENTION FACILITY.—

5 The term ‘secure detention facility’ means

6 a residential facility that includes construc7 tion fixtures designed to physically restrict

8 the movements and activities of juveniles,

9 and is used for the temporary placement of

10 any juvenile who is accused of having com11 mitted an offense.

12 ‘‘(ii) SECURE JUVENILE CORRECTION

13 FACILITY.—The term ‘secure juvenile cor14 rection facility’ means a residential facility

15 that includes construction fixtures designed

16 to physically restrict the movements and

17 activities of juveniles and is used for place18 ment, after adjudication and disposition, of

19 any juvenile who has been adjudicated as

20 having committed an offense.

21 ‘‘(c) NOTICE.—The Director shall issue regulations

22 establishing procedures under which a State that receives

23 a grant under this part shall be required to provide notice

24 to the Director regarding the proposed use of amounts

25 made available under this part.
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1 ‘‘SEC. 1804. ALLOCATION AND DISTRIBUTION OF AMOUNTS.

2 ‘‘(a) STATE ALLOCATION.—

3 ‘‘(1) IN GENERAL.—In accordance with regula4 tions promulgated pursuant to this part, of the total

5 amount made available to carry out this part in each

6 fiscal year, the Director shall distribute—

7 ‘‘(A) 0.2 percent to each State; and

8 ‘‘(B) of the total amount remaining after

9 the allocation under subparagraph (A), to each

10 State, an amount that bears the same ratio to

11 that remaining amount as the population of ju12 veniles living in the State for the most recent

13 calendar year in which that data is available

14 bears to the population of juveniles of all the

15 States for that fiscal year.

16 ‘‘(2) PROPORTIONAL REDUCTION.—

17 ‘‘(A) IN GENERAL.—If amounts available

18 to carry out paragraph (1)(A) for any payment

19 period are insufficient to pay in full the total

20 payment that any State is otherwise eligible to

21 receive under paragraph (1)(A) for that period,

22 the Director shall reduce payments under para23 graph (1)(A) for that payment period to the ex24 tent of the insufficiency.

25 ‘‘(B) ALLOCATION.—Any reduction under

26 subparagraph (A) shall be allocated among the
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1 States (other than States whose payment is de2 termined under paragraph (2)) in the same pro3 portions as amounts would be allocated under

4 paragraph (1) without regard to paragraph (2).

5 ‘‘(3) PROHIBITION.—No amount allocated to a

6 State under this subsection or received by a State

7 for distribution under subsection (b) may be distrib8 uted by the Director or by the State at issue for any

9 program other than a program described in an appli10 cation approved under this part.

11 ‘‘(b) LOCAL DISTRIBUTION.—

12 ‘‘(1) IN GENERAL.—Each State that receives

13 amounts under subsection (a)(1) in a fiscal year

14 shall distribute not less than 75 percent of those

15 amounts among units of local government for activi16 ties described in section 1802(b).

17 ‘‘(2) RATIO.—In making any distribution under

18 paragraph (1), a State shall allocate to each unit of

19 local government described an amount that bears the

20 same ratio to the aggregate of those amounts as—

21 ‘‘(A) the sum of—

22 ‘‘(i) the product of—

23 ‘‘(I) two-thirds; multiplied by

24 ‘‘(II) the average law enforce25 ment expenditure for the unit of local
70

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1 government for the 3 most recent cal2 endar years for which such data is

3 available; plus

4 ‘‘(ii) the product of—

5 ‘‘(I) one-third; multiplied by

6 ‘‘(II) the average annual number

7 of part 1 violent crimes in the unit of

8 local government for the 3 most re9 cent calendar years for which such

10 data is available, bears to—

11 ‘‘(B) the sum of the products determined

12 under subparagraph (A) for all those units of

13 local government in the State.

14 ‘‘(3) EXPENDITURES.—The allocation that any

15 unit of local government shall receive under para16 graph (2) for a payment period shall not exceed 100

17 percent of law enforcement expenditures of the unit

18 of local government for that payment period.

19 ‘‘(4) REALLOCATION.—The amount of any allo20 cation to a unit of local government that is not avail21 able to the unit of local government by operation of

22 paragraph (3) shall be available to other units of

23 local government that are not affected by the oper24 ation of that paragraph in accordance with this sub25 section.
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1 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF

2 LOCAL GOVERNMENT.—If a State has reason to believe

3 that the reported rate of part 1 violent crimes or law en4 forcement expenditures for a unit of local government is

5 insufficient or inaccurate, the State shall—

6 ‘‘(1) investigate the methodology used by the

7 unit of local government to determine the accuracy

8 of the submitted data; and

9 ‘‘(2) if necessary, use the best available com10 parable data regarding the number of violent crimes

11 or law enforcement expenditure for the relevant

12 years for the unit of local government.

13 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

14 THAN $5,000.—If under this section a unit of local gov15 ernment is allocated less than $5,000 for a payment pe16 riod, the amount allotted shall be expended by the State

17 on services to units of local government whose allotment

18 is less than such amount in a manner consistent with this

19 part.

20 ‘‘SEC. 1805. STATE OPTIONS.

21 ‘‘(a) PURPOSE.—The purpose of this section is to en22 sure that State and local governments, exercising their au23 thority under subsection (b), consider all nongovernmental

24 organizations on an equal basis when choosing such orga25 nizations to provide assistance to beneficiaries under gov-
72

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1 ernment programs described in subsection (b), without im2 pairing the religious character of any of the organizations,

3 and without diminishing the religious freedom of bene4 ficiaries of assistance funded under such programs.

5 ‘‘(b) GENERAL AUTHORITY.—Each State that re6 ceives a grant under this part (or unit of local government

7 that receives amounts from a State through the grant)

8 may—

9 ‘‘(1) administer and provide assistance under a

10 program authorized under this part through con11 tracts with charitable, religious, or private organiza12 tions; and

13 ‘‘(2) provide beneficiaries of assistance under a

14 program authorized under this part with certificates,

15 vouchers, or other forms of disbursement that are

16 redeemable with those organizations.

17 ‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS NON18 GOVERNMENTAL PROVIDERS.—In the event a State or

19 local government exercises its authority under subsection

20 (b) a program described in subsection (b), religious orga21 nizations shall be eligible, on the same basis as other non22 governmental organizations, to enter into contracts, or to

23 accept certificates, vouchers, or other forms of disburse24 ment, to provide assistance under the program described

25 in subsection (b), so long as the program is implemented
73

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1 in a manner consistent with the Establishment Clause of

2 the first amendment to the Constitution. Neither the Fed3 eral Government nor a State or local government receiving

4 funds under such program shall discriminate against an

5 organization that provides assistance under, or applies to

6 provide assistance under, such program, on the basis that

7 the organization has a religious character.

8 ‘‘(d) RELIGIOUS CHARACTER AND INDEPEND9 ENCE.—

10 ‘‘(1) IN GENERAL.—A religious organization

11 that provides assistance under a program described

12 in subsection (b) shall retain its independence from

13 Federal, State, and local governments, including

14 such organization’s control over the definition, devel15 opment, practice, and expression of its religious be16 liefs.

17 ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the

18 Federal Government nor a State or local government

19 shall require a religious organization—

20 ‘‘(A) to alter its form of internal govern21 ance; or

22 ‘‘(B) to remove religious art, icons, scrip23 ture, or other symbols;

24 in order to be eligible to provide assistance under a

25 program described in subsection (b).
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1 ‘‘(e) EMPLOYMENT PRACTICES.—

2 ‘‘(1) TENETS AND TEACHINGS.—A religious or3 ganization that provides assistance under a program

4 described in subsection (b) may require that the em5 ployees of the organization who are providing assist6 ance under such program adhere to the religious te7 nets and teachings of such organization, and such

8 organization may require that those employees ad9 here to rules forbidding the use of drugs or alcohol.

10 ‘‘(2) TITLE VII EXEMPTION.—The exemption of

11 a religious organization provided under section 702

12 or 703(e)(2) of the Civil Rights Act of 1964 (42

13 U.S.C. 2000e–1, 2000e–2(e)(2)) regarding employ14 ment practices shall not be affected by the religious

15 organization’s provision of assistance under, or re16 ceipt of funds from, a program described in sub17 section (b).

18 ‘‘(f) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—

19 ‘‘(1) IN GENERAL.—If an individual described

20 in paragraph (3) has an objection to the religious

21 character of the organization from which the individ22 ual receives, or would receive, assistance funded

23 under any program described in subsection (b), the

24 appropriate State or local governmental entity shall

25 provide to such individual (if otherwise eligible for
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1 such assistance) within a reasonable period of time

2 after the date of such objection, assistance that—

3 ‘‘(A) is from an alternative organization

4 that is accessible to the individual; and

5 ‘‘(B) has a value that is not less than the

6 value of the assistance that the individual would

7 have received from such organization.

8 ‘‘(2) NOTICE.—The appropriate State or local

9 governmental entity shall ensure that notice is pro10 vided to individuals described in paragraph (3) of

11 the rights of such individuals under this section.

12 ‘‘(3) INDIVIDUAL DESCRIBED.—An individual

13 described in this paragraph is an individual who re14 ceives or applies for assistance under a program de15 scribed in subsection (b).

16 ‘‘(g) NONDISCRIMINATION AGAINST BENE17 FICIARIES.—A religious organization shall not discrimi18 nate against an individual described in subsection (f)(3)

19 in regard to rendering assistance funded under any pro20 gram described in subsection (b) on the basis of religion,

21 a religious belief, a refusal to hold a religious belief, or

22 a refusal to actively participate in a religious practice.

23 ‘‘(h) FISCAL ACCOUNTABILITY.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), any religious organization providing as-
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1 sistance under any program described in subsection

2 (b) shall be subject to the same regulations as other

3 nongovernmental organizations to account in accord

4 with generally accepted accounting principles for the

5 use of such funds provided under such program.

6 ‘‘(2) LIMITED AUDIT.—Such organization shall

7 segregate government funds provided under such

8 program into a separate account. Only the govern9 ment funds shall be subject to audit by the govern10 ment.

11 ‘‘(i) COMPLIANCE.—A party alleging that the rights

12 of the party under this section have been violated by a

13 State or local government may bring a civil action pursu14 ant to section 1979 (42 U.S.C. 1983) against the official

15 or government agency that has allegedly committed such

16 violation. A party alleging that the rights of the party

17 under this section have been violated by the Federal Gov18 ernment may bring a civil action for appropriate relief in

19 an appropriate Federal district court against the official

20 or government agency that has allegedly committed such

21 violation.

22 ‘‘(j) LIMITATIONS ON USE OF FUNDS FOR CERTAIN

23 PURPOSES.—No funds provided through a grant or con24 tract to a religious organization to provide assistance

25 under any program described in subsection (b) shall be
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1 expended for sectarian worship, instruction, or proselytiza2 tion.

3 ‘‘(k) EFFECT ON STATE AND LOCAL FUNDS.—If a

4 State or local government contributes State or local funds

5 to carry out a program described in subsection (b), the

6 government may segregate the State or local funds from

7 the Federal funds provided to carry out the program or

8 commingle the State or local funds with the Federal funds.

9 If the State or local government commingles the State or

10 local funds, the provisions of this section shall apply to

11 the commingled funds in the same manner, and to the

12 same extent, as the provisions apply to the Federal funds.

13 ‘‘(l) TREATMENT OF INTERMEDIATE CONTRAC14 TORS.—If a nongovernmental organization (referred to in

15 this subsection as an ‘intermediate organization’), acting

16 under a contract or other agreement with a State or local

17 government, is given the authority under the contract or

18 agreement to select nongovernmental organizations to pro19 vide assistance under the programs described in sub20 section (b), the intermediate organization shall have the

21 same nondiscrimination duty under this section as the

22 government but shall retain all other rights of a non23 governmental organization under this section.
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1 ‘‘SEC. 1806. TIMING.

2 ‘‘(a) TIMING OF PAYMENTS.—The Director shall dis3 tribute amounts in accordance with this part to each

4 State, not later than 90 days after the date on which the

5 amount is made available to the Director.

6 ‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—

7 ‘‘(1) REPAYMENT REQUIRED.—Not later than

8 27 months after the receipt of amounts from the Di9 rector under this section, from amounts appro10 priated under this part, a State shall refund to the

11 Director any amounts that are not expended by the

12 State before the expiration of the 2-year period be13 ginning on the date on which those amounts are re14 ceived from the Director under this section.

15 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

16 amount required to be repaid under paragraph (1)

17 is not repaid by a State in accordance with that

18 paragraph, the Director shall reduce the amount of

19 any payment to the State under this part in any fu20 ture payment period accordingly.

21 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Any

22 amounts received by the Director under paragraph

23 (2) shall be deposited in a designated fund for fu24 ture payments to States.

25 ‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of

26 local government that receives amounts under this part
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1 may use not more than 3 percent of those amounts for

2 administrative costs.

3 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Amounts

4 made available under this part to States or units of local

5 government—

6 ‘‘(1) shall not be used to supplant State or local

7 funds, as applicable; and

8 ‘‘(2) shall be used to increase the amount that

9 would, in the absence of amounts made available

10 under this part, be made available from State or

11 local sources, as applicable.

12 ‘‘(e) MATCHING FUNDS.—The Federal share of a

13 grant received under this part may not exceed 90 percent

14 of the total cost of a program or activity funded under

15 this part.

16 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

17 ‘‘(a) IN GENERAL.—Each State that receives a grant

18 under this part shall—

19 ‘‘(1) establish a trust fund into which all pay20 ments received under this part shall be deposited;

21 and

22 ‘‘(2) use amounts deposited in that trust fund

23 (including interest) during a period not to exceed 2

24 years from the date on which the initial grant pay25 ment is made to the State under this part;
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1 ‘‘(3) designate an official of the State to submit

2 to the Director such reports as the Director may

3 reasonably require, in addition to the annual reports

4 required under this part; and

5 ‘‘(4) expend the grant amount only for activities

6 described in section 1802(b).

7 ‘‘(b) TITLE I PROVISIONS.—The administrative pro8 visions of part H apply to this part and, for purposes of

9 this section, any reference in those provisions to title I

10 shall be deemed to include a reference to this part.

11 ‘‘SEC. 1808. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

13 is authorized to be appropriated to carry out this part

14 $250,000,000 for each of fiscal years 2000, 2001, and

15 2002.

16 ‘‘(b) ALLOCATION.—Of the amount made available

17 under subsection (a) for any fiscal year—

18 ‘‘(1) 50 percent shall be allocated among States

19 that meet the requirements of section 1803(a); and

20 ‘‘(2) 50 percent shall be allocated among States

21 that meet the requirements of both subsections (a)

22 and (b) of section 1803.

23 ‘‘(c) OVERSIGHT ACCOUNTABILITY AND ADMINIS24 TRATION.—For each of fiscal years 1998 through 2000,

25 not more than 1 percent of the amount appropriated
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1 under subsection (a), shall be available (to remain avail2 able until expended) to the Director for—

3 ‘‘(1) studying the overall effectiveness and effi4 ciency of this part, including the establishment and

5 execution of an oversight plan for monitoring the ac6 tivities of grant recipients;

7 ‘‘(2) assuring compliance with the provisions of

8 this part; and

9 ‘‘(3) administrative costs to carry out the pur10 poses of this part.

11 ‘‘(d) FUNDING SOURCE.—Notwithstanding any other

12 provision of law, amounts authorized to be appropriated

13 to carry out this part may be appropriated from the Vio14 lent Crime Reduction Trust Fund established under sec15 tion 310001 of the Violent Crime Control and Law En16 forcement Act of 1994 (42 U.S.C. 14211).’’.

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 is amended by striking the item relat20 ing to part R and inserting the following:

‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS

‘‘Sec. 1801. Definitions.

‘‘Sec. 1802. Grant authorization.

‘‘Sec. 1803. Eligibility.

‘‘Sec. 1804. Allocation and distribution of amounts.

‘‘Sec. 1805. State option.

‘‘Sec. 1806. Timing.

‘‘Sec. 1807. Administrative provisions.

‘‘Sec. 1808. Authorization of appropriations.’’.
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1 TITLE III—REFORM OF GRANT

2 PROGRAMS

3 SEC. 301. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Section 101 of the Juvenile Justice

5 and Delinquency Prevention Act of 1974 (42 U.S.C. 5601)

6 is amended—

7 (1) by striking subsection (a) and inserting the

8 following:

9 ‘‘(a) FINDINGS.—Congress finds that—

10 ‘‘(1) the Nation’s juvenile justice system is in

11 trouble as evidenced by a number of factors, includ12 ing dangerously overcrowded facilities, overworked

13 field staff, and a growing number of children who

14 are breaking the law;

15 ‘‘(2) a redesigned juvenile corrections program

16 for the next century should be based on 4

17 principles—

18 ‘‘(A) protecting the community;

19 ‘‘(B) accountability for offenders;

20 ‘‘(C) restitution for victims and the com21 munity; and

22 ‘‘(D) community-based prevention;

23 ‘‘(3) existing programs have not adequately re24 sponded to the particular problems of juvenile

25 delinquents in the 1990’s;
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1 ‘‘(4) State and local communities, which experi2 ence directly the devastating failure of the juvenile

3 justice system, do not have sufficient resources to

4 deal comprehensively with the problems of juvenile

5 crime and delinquency;

6 ‘‘(5) limited State and local resources are being

7 unnecessarily wasted complying with overly technical

8 Federal requirements for ‘sight and sound’ separa9 tion initially imposed by this Act, while prohibiting

10 the commingling of adults and juvenile populations

11 would achieve the same purpose without imposing an

12 undue burden on State and local governments;

13 ‘‘(6) limited State and local resources are being

14 unnecessarily wasted complying with the overly re15 strictive Federal mandate that no juveniles be de16 tained or confined in any jail or lockup for adults,

17 which imposes a particularly onerous burden on

18 rural communities;

19 ‘‘(7) the juvenile justice system should give ad20 ditional attention to the problem of juveniles who

21 commit serious crimes, with particular attention

22 given to the area of sentencing;

23 ‘‘(8) local school districts lack information nec24 essary to track serious violent juvenile offenders, in-
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1 formation that is essential to promoting safety in

2 public schools;

3 ‘‘(9) the term ‘prevention’ should mean both en4 suring that families have a greater chance to raise

5 their children so that those children do not engage

6 in criminal or delinquent activities, and preventing

7 children who have engaged in such activities from

8 becoming permanently entrenched in the juvenile

9 justice system;

10 ‘‘(10) in 1994, there were more than 330,000

11 juvenile arrests for violent crimes, and between 1985

12 and 1994, the number of juvenile criminal homicide

13 cases increased by 144 percent, and the number of

14 juvenile weapons cases increased by 156 percent;

15 ‘‘(11) in 1994, males age 14 through 24 con16 stituted only 8 percent of the population, but ac17 counted for more than 25 percent of all homicide

18 victims and nearly half of all convicted murderers;

19 ‘‘(12) in a survey of 250 judges, 93 percent of

20 those judges stated that juvenile offenders should be

21 fingerprinted and 85 percent stated that juvenile

22 criminal records should be made available to adult

23 authorities;

24 ‘‘(13) studies indicate that good parenting

25 skills, including normative development, monitoring,
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1 and discipline, clearly affect whether children will

2 become delinquent, and adequate supervision of free3 time activities, whereabouts, and peer interaction is

4 critical to ensure that children do not drift into de5 linquency;

6 ‘‘(14) in the 1970’s, less than half of our Na7 tion’s cities reported gang activity, while 2 decades

8 later, a nationwide survey reported a total of 23,388

9 gangs and 664,906 gang members on the streets of

10 United States cities in 1995;

11 ‘‘(15) the high incidence of delinquency in the

12 United States results in an enormous annual cost

13 and substantial loss of human life, a reduction in

14 personal security, and wasted human resources; and

15 ‘‘(16) juvenile delinquency constitutes a grow16 ing threat to the national welfare, requiring imme17 diate and comprehensive action by the Federal Gov18 ernment to reduce and eliminate the threat.’’; and

19 (2) in subsection (b)—

20 (A) by striking ‘‘further’’; and

21 (B) by striking ‘‘Federal Government’’ and

22 inserting ‘‘Federal, State, and local govern23 ments’’.
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1 (b) PURPOSES.—Section 102 of the Juvenile Justice

2 and Delinquency Prevention Act of 1974 (42 U.S.C. 5602)

3 is amended to read as follows:

4 ‘‘SEC. 102. PURPOSES.

5 ‘‘The purposes of this title and title II are—

6 ‘‘(1) to assist State and local governments in

7 promoting public safety by supporting juvenile delin8 quency prevention and control activities;

9 ‘‘(2) to give greater flexibility to schools to de10 sign academic programs and educational services for

11 juvenile delinquents expelled or suspended for dis12 ciplinary reasons;

13 ‘‘(3) to assist State and local governments in

14 promoting public safety by encouraging accountabil15 ity through the imposition of meaningful sanctions

16 for acts of juvenile delinquency;

17 ‘‘(4) to assist State and local governments in

18 promoting public safety by improving the extent, ac19 curacy, availability, and usefulness of juvenile court

20 and law enforcement records and the openness of

21 the juvenile justice system to the public;

22 ‘‘(5) to assist teachers and school officials in

23 ensuring school safety by improving their access to

24 information concerning juvenile offenders attending
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1 or intending to enroll in their schools or school-relat2 ed activities;

3 ‘‘(6) to assist State and local governments in

4 promoting public safety by encouraging the identi5 fication of violent and hardcore juveniles and in

6 transferring such juveniles out of the jurisdiction of

7 the juvenile justice system and into the jurisdiction

8 of adult criminal court;

9 ‘‘(7) to provide for the evaluation of federally

10 assisted juvenile crime control programs, and train11 ing necessary for the establishment and operation of

12 such programs;

13 ‘‘(8) to ensure the dissemination of information

14 regarding juvenile crime control programs by provid15 ing a national clearinghouse; and

16 ‘‘(9) to provide technical assistance to public

17 and private nonprofit juvenile justice and delin18 quency prevention programs.’’.

19 SEC. 302. DEFINITIONS.

20 Section 103 of the Juvenile Justice and Delinquency

21 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

22 (1) in paragraph (3), by inserting ‘‘punish23 ment,’’ after ‘‘control,’’;

24 (2) in paragraph (22)(iii), by striking ‘‘and’’ at

25 the end;
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1 (3) in paragraph (23), by striking the period at

2 the end and inserting a semicolon; and

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

4 ‘‘(24) the term ‘serious violent crime’ means—

5 ‘‘(A) murder or nonnegligent man6 slaughter, or robbery;

7 ‘‘(B) aggravated assault committed with

8 the use of a dangerous or deadly weapon, forc9 ible rape, kidnaping, felony aggravated battery,

10 assault with intent to commit a serious violent

11 crime, and vehicular homicide committed while

12 under the influence of an intoxicating liquor or

13 controlled substance; or

14 ‘‘(C) a serious drug offense;

15 ‘‘(25) the term ‘serious drug offense’ means an

16 act or acts that, if committed by an adult subject to

17 Federal criminal jurisdiction, would be punishable

18 under section 401(b)(1)(A) or 408 of the Controlled

19 Substances Act (21 U.S.C. 841(b)(1)(A), 848) or

20 section 1010(b)(1)(A) of the Controlled Substances

21 Import and Export Act (21 U.S.C. 960(b)(1)(A));

22 and

23 ‘‘(26) the term ‘serious habitual offender’

24 means a juvenile who—
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1 ‘‘(A) has been adjudicated delinquent and

2 subsequently arrested for a capital offense, life

3 offense, first degree aggravated sexual offense,

4 or serious drug offense;

5 ‘‘(B) has had not fewer than 5 arrests,

6 with 3 arrests chargeable as felonies if commit7 ted by an adult and not fewer than 3 arrests

8 occurring within the most recent 12-month pe9 riod;

10 ‘‘(C) has had not fewer than 10 arrests,

11 with 2 arrests chargeable as felonies if commit12 ted by an adult and not fewer than 3 arrests

13 occurring within the most recent 12-month pe14 riod; or

15 ‘‘(D) has had not fewer than 10 arrests,

16 with 8 or more arrests for misdemeanor crimes

17 involving theft, assault, battery, narcotics pos18 session or distribution, or possession of weap19 ons, and not fewer than 3 arrests occurring

20 within the most recent 12-month period.’’.

21 SEC. 303. OFFICE OF JUVENILE JUSTICE AND DELIN22 QUENCY PREVENTION.

23 Section 204 of the Juvenile Justice and Delinquency

24 Prevention Act of 1974 (42 U.S.C. 5614) is amended—

25 (1) in subsection (a)(1)—
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1 (A) by striking ‘‘shall develop’’ and insert2 ing the following: ‘‘shall—

3 ‘‘(A) develop’’;

4 (B) by inserting ‘‘punishment,’’ before ‘‘di5 version’’; and

6 (C) in the first sentence, by striking

7 ‘‘States’’ and all that follows before the period

8 at the end of the paragraph and inserting the

9 following: ‘‘States; and

10 ‘‘(B) annually submit the plan required

11 under subparagraph (A) to Congress’’;

12 (2) in subsection (b)—

13 (A) in paragraph (1), by adding ‘‘and’’ at

14 the end; and

15 (B) by striking paragraphs (2) through (7)

16 and inserting the following:

17 ‘‘(2) reduce duplication among Federal juvenile

18 delinquency programs and activities conducted by

19 Federal departments and agencies.’’;

20 (3) by redesignating subsection (h) as sub21 section (f); and

22 (4) by striking subsection (i).
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1 SEC. 304. ANNUAL REPORT.

2 Section 207 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5617) is amended to

4 read as follows:

5 ‘‘SEC. 207. ANNUAL REPORT.

6 ‘‘Not later than 180 days after the end of each fiscal

7 year, the Administrator shall submit to the President, the

8 Speaker of the House of Representatives, the President

9 pro tempore of the Senate, and the Governor of each

10 State, a report that contains each of the following with

11 respect to that fiscal year:

12 ‘‘(1) SUMMARY AND ANALYSIS.—

13 ‘‘(A) IN GENERAL.—A detailed summary

14 and analysis of the most recent data available

15 regarding the number of juveniles taken into

16 custody, the rate at which juveniles are taken

17 into custody, the number of repeat juvenile of18 fenders, the number of juveniles using weapons,

19 the number of juvenile and adult victims of ju20 venile crime and the trends demonstrated by

21 the data required by clauses (i), (ii), and (iii)

22 of subparagraph (C).

23 ‘‘(B) SEPARATION OF INFORMATION.—The

24 summary and analysis described in subpara25 graph (A) shall set out the information required

26 by clauses (i), (ii), (iii), and (iv) of subpara-
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1 graph (C) separately for juvenile nonoffenders,

2 juvenile status offenders, and other juvenile of3 fenders.

4 ‘‘(C) DATA.—The summary and analysis

5 under subparagraph (A) shall separately ad6 dress with respect to each category of juveniles

7 specified in subparagraph (B)—

8 ‘‘(i) the types of offenses with which

9 the juveniles are charged, data on serious

10 violent crimes committed by juveniles, and

11 data on serious habitual offenders;

12 ‘‘(ii) the race and gender of the juve13 niles and their victims;

14 ‘‘(iii) the ages of the juveniles and

15 their victims;

16 ‘‘(iv) the types of facilities used to

17 hold the juveniles (including juveniles

18 treated as adults for purposes of prosecu19 tion) in custody, including secure detention

20 facilities, secure correctional facilities, jails,

21 and lockups;

22 ‘‘(v) the number of juveniles who died

23 while in custody and the circumstances

24 under which they died;
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1 ‘‘(vi) the educational status of juve2 niles, including information relating to

3 learning disabilities, failing performance,

4 grade retention, and dropping out of

5 school;

6 ‘‘(vii) the number of juveniles who are

7 substance abusers; and

8 ‘‘(viii) information on juveniles father9 ing or giving birth to children out of wed10 lock, and whether such juveniles have as11 sumed financial responsibility for their

12 children.

13 ‘‘(2) ACTIVITIES FUNDED.—A description of

14 the activities for which funds are expended under

15 this part.

16 ‘‘(3) STATE COMPLIANCE.—A description based

17 on the most recent data available of the extent to

18 which each State complies with section 223 and with

19 the plan submitted under that section by the State

20 for that fiscal year.

21 ‘‘(4) SUMMARY AND EXPLANATION.—A sum22 mary of each program or activity for which assist23 ance is provided under part D, an evaluation of the

24 results of such program or activity, and a determina-
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1 tion of the feasibility and advisability of replacing

2 such program or activity in other locations.

3 ‘‘(5) EXEMPLARY PROGRAMS AND PRAC4 TICES.—A description of selected exemplary delin5 quency prevention programs and accountability6 based youth violence reduction practices.’’.

7 SEC. 305. BLOCK GRANTS FOR STATE AND LOCAL PRO8 GRAMS.

9 (a) SECTION 221.—Section 221 of the Juvenile Jus10 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

11 5631) is amended—

12 (1) in subsection (a)—

13 (A) by inserting ‘‘(1)’’ before ‘‘The Admin14 istrator’’;

15 (B) by inserting ‘‘, including charitable

16 and religious organizations,’’ after ‘‘and private

17 agencies’’;

18 (C) by inserting before the period at the

19 end the following: ‘‘, including—

20 ‘‘(A) initiatives for holding juveniles account21 able for any act for which they are adjudicated de22 linquent;

23 ‘‘(B) increasing public awareness of juvenile

24 proceedings;
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1 ‘‘(C) improving the content, accuracy, availabil2 ity, and usefulness of juvenile court and law enforce3 ment records (including fingerprints and photo4 graphs); and

5 ‘‘(D) education programs such as funding for

6 extended hours for libraries and recreational pro7 grams that benefit all juveniles’’; and

8 (D) by adding at the end the following:

9 ‘‘(2) ASSISTANCE TO RELIGIOUS ORGANIZA10 TIONS.—

11 ‘‘(A) PURPOSE.—The purpose of this para12 graph is to ensure that State and local govern13 ments, exercising their authority under sub14 paragraph (B), consider all nongovernmental

15 organizations on an equal basis when choosing

16 such organizations to provide assistance to

17 beneficiaries under government programs de18 scribed in subparagraph (B), without impairing

19 the religious character of any of the organiza20 tions, and without diminishing the religious

21 freedom of beneficiaries of assistance funded

22 under such programs.

23 ‘‘(B) GENERAL AUTHORITY.—Each State

24 or local government that receives a grant under

25 paragraph (1) for a program authorized under
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1 this title may enter into contracts with religious

2 organizations, or make grants to religious orga3 nizations, to provide assistance under such pro4 gram authorized under this title.

5 ‘‘(C) RELIGIOUS ORGANIZATIONS IN6 CLUDED AS NONGOVERNMENTAL PROVIDERS.—

7 In the event a State or local government exer8 cises its authority under subparagraph (B) for

9 a program described in subparagraph (B), reli10 gious organizations shall be eligible, on the

11 same basis as other nongovernmental organiza12 tions, to enter into contracts or receive grants

13 to provide assistance under the program de14 scribed in subparagraph (B), so long as the

15 program is implemented in a manner consistent

16 with the Establishment Clause of the first

17 amendment to the Constitution. Neither the

18 Federal Government nor a State or local gov19 ernment receiving funds under such program

20 shall discriminate against an organization that

21 provides assistance under, or applies to provide

22 assistance under, such program, on the basis

23 that the organization has a religious character.

24 ‘‘(D) RELIGIOUS CHARACTER AND INDE25 PENDENCE.—
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1 ‘‘(i) IN GENERAL.—A religious organi2 zation that provides assistance under a

3 program described in subparagraph (B)

4 shall retain its independence from Federal,

5 State, and local governments, including

6 such organization’s control over the defini7 tion, development, practice, and expression

8 of its religious beliefs.

9 ‘‘(ii) ADDITIONAL SAFEGUARDS.—Nei10 ther the Federal Government nor a State

11 or local government shall require a reli12 gious organization—

13 ‘‘(I) to alter its form of internal

14 governance; or

15 ‘‘(II) to remove religious art,

16 icons, scripture, or other symbols;

17 in order to be eligible to provide assistance

18 under a program described in subpara19 graph (B).

20 ‘‘(E) EMPLOYMENT PRACTICES.—

21 ‘‘(i) TENETS AND TEACHINGS.—A re22 ligious organization that provides assist23 ance under a program described in sub24 paragraph (B) may require that the em25 ployees of the organization who are provid-
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1 ing assistance under such program adhere

2 to the religious tenets and teachings of

3 such organization, and such organization

4 may require that those employees adhere

5 to rules forbidding the use of drugs or al6 cohol.

7 ‘‘(ii) TITLE VII EXEMPTION.—The ex8 emption of a religious organization pro9 vided under section 702 or 703(e)(2) of

10 the Civil Rights Act of 1964 (42 U.S.C.

11 2000e–1, 2000e–2(e)(2)) regarding em12 ployment practices shall not be affected by

13 the religious organization’s provision of as14 sistance under, or receipt of funds from, a

15 program described in subparagraph (B).

16 ‘‘(F) RIGHTS OF BENEFICIARIES OF AS17 SISTANCE.—

18 ‘‘(i) IN GENERAL.—If an individual

19 described in clause (iii) has an objection to

20 the religious character of the organization

21 from which the individual receives, or

22 would receive, assistance funded under any

23 program described in subparagraph (B),

24 the appropriate State or local govern25 mental entity shall provide to such individ-
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1 ual (if otherwise eligible for such assist2 ance) within a reasonable period of time

3 after the date of such objection, assistance

4 that—

5 ‘‘(I) is from an alternative orga6 nization that is accessible to the indi7 vidual; and

8 ‘‘(II) has a value that is not less

9 than the value of the assistance that

10 the individual would have received

11 from such organization.

12 ‘‘(ii) NOTICE.—The appropriate State

13 or local governmental entity shall ensure

14 that notice is provided to individuals de15 scribed in clause (iii) of the rights of such

16 individuals under this section.

17 ‘‘(iii) INDIVIDUAL DESCRIBED.—An

18 individual described in this clause is an in19 dividual who receives or applies for assist20 ance under a program described in sub21 paragraph (B).

22 ‘‘(G) NONDISCRIMINATION AGAINST BENE23 FICIARIES.—A religious organization shall not

24 discriminate against an individual described in

25 subparagraph (F)(iii) in regard to rendering as-
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1 sistance funded under any program described in

2 subparagraph (B) on the basis of religion, a re3 ligious belief, a refusal to hold a religious belief,

4 or a refusal to actively participate in a religious

5 practice.

6 ‘‘(H) FISCAL ACCOUNTABILITY.—

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), any religious organiza9 tion providing assistance under any pro10 gram described in subparagraph (B) shall

11 be subject to the same regulations as other

12 nongovernmental organizations to account

13 in accord with generally accepted account14 ing principles for the use of such funds

15 provided under such program.

16 ‘‘(ii) LIMITED AUDIT.—Such organi17 zation shall segregate government funds

18 provided under such program into a sepa19 rate account. Only the government funds

20 shall be subject to audit by the govern21 ment.

22 ‘‘(I) COMPLIANCE.—A party alleging that

23 the rights of the party under this paragraph

24 have been violated by a State or local govern25 ment may bring a civil action pursuant to sec-
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1 tion 1979 (42 U.S.C. 1983) against the official

2 or government agency that has allegedly com3 mitted such violation. A party alleging that the

4 rights of the party under this paragraph have

5 been violated by the Federal Government may

6 bring a civil action for appropriate relief in an

7 appropriate Federal district court against the

8 official or government agency that has allegedly

9 committed such violation.

10 ‘‘(J) LIMITATIONS ON USE OF FUNDS FOR

11 CERTAIN PURPOSES.—No funds provided

12 through a grant or contract to a religious orga13 nization to provide assistance under any pro14 gram described in subparagraph (B) shall be

15 expended for sectarian worship, instruction, or

16 proselytization.

17 ‘‘(K) EFFECT ON STATE AND LOCAL

18 FUNDS.—If a State or local government con19 tributes State or local funds to carry out a pro20 gram described in subparagraph (B), the gov21 ernment may segregate the State or local funds

22 from the Federal funds provided to carry out

23 the program or commingle the State or local

24 funds with the Federal funds. If the State or

25 local government commingles the State or local
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1 funds, the provisions of this paragraph shall

2 apply to the commingled funds in the same

3 manner, and to the same extent, as the provi4 sions apply to the Federal funds.

5 ‘‘(L) TREATMENT OF INTERMEDIATE CON6 TRACTORS.—If a nongovernmental organization

7 (referred to in this subparagraph as an ‘inter8 mediate organization’), acting under a contract

9 or other agreement with a State or local gov10 ernment, is given the authority under the con11 tract or agreement to select nongovernmental

12 organizations to provide assistance under the

13 programs described in subparagraph (B), the

14 intermediate organization shall have the same

15 nondiscrimination duty under this paragraph as

16 the government but shall retain all other rights

17 of a nongovernmental organization under this

18 paragraph.’’; and

19 (2) in subsection (b), by striking paragraph (1)

20 and inserting the following:

21 ‘‘(1) Of amounts made available to carry out this part

22 in any fiscal year, $10,000,000 or 1 percent (whichever

23 is greater) may be used by the Administrator—
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1 ‘‘(A) to establish and maintain a clearinghouse

2 to disseminate to the States information on juvenile

3 delinquency prevention, treatment, and control; and

4 ‘‘(B) to provide training and technical assist5 ance to States to improve the administration of the

6 juvenile justice system.’’.

7 (b) SECTION 223.—Section 223(a)(10) of the Juve8 nile Justice and Delinquency Prevention Act of 1974 (42

9 U.S.C. 5633(a)(10)) is amended—

10 (1) by striking ‘‘or through’’ and inserting

11 ‘‘through’’; and

12 (2) by inserting ‘‘or through grants and con13 tracts with religious organizations in accordance

14 with section 221(b)(2)(B)’’ after ‘‘agencies,’’.

15 SEC. 306. STATE PLANS.

16 Section 223 of the Juvenile Justice and Delinquency

17 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

18 (1) in subsection (a)—

19 (A) by striking the second sentence;

20 (B) by striking paragraph (3) and insert21 ing the following:

22 ‘‘(3) provide for an advisory group, which—

23 ‘‘(A) shall—

24 ‘‘(i)(I) consist of such number of

25 members deemed necessary to carry out
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1 the responsibilities of the group and ap2 pointed by the chief executive officer of the

3 State; and

4 ‘‘(II) consist of a majority of members

5 (including the chairperson) who are not

6 full-time employees of the Federal Govern7 ment, or a State or local government;

8 ‘‘(ii) include members who have train9 ing, experience, or special knowledge

10 concerning—

11 ‘‘(I) the prevention and treat12 ment of juvenile delinquency;

13 ‘‘(II) the administration of juve14 nile justice, including law enforce15 ment; and

16 ‘‘(III) the representation of the

17 interests of the victims of violent juve18 nile crime and their families; and

19 ‘‘(iii) include as members at least 1

20 locally elected official representing general

21 purpose local government;

22 ‘‘(B) shall participate in the development

23 and review of the State’s juvenile justice plan

24 prior to submission to the supervisory board for

25 final action;
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1 ‘‘(C) shall be afforded an opportunity to

2 review and comment, not later than 30 days

3 after the submission to the advisory group, on

4 all juvenile justice and delinquency prevention

5 grants submitted to the State agency des6 ignated under paragraph (1);

7 ‘‘(D) shall, consistent with this title—

8 ‘‘(i) advise the State agency des9 ignated under paragraph (1) and its super10 visory board; and

11 ‘‘(ii) submit to the chief executive offi12 cer and the legislature of the State not less

13 frequently than annually recommendations

14 regarding State compliance with this sub15 section; and

16 ‘‘(E) may, consistent with this title—

17 ‘‘(i) advise on State supervisory board

18 and local criminal justice advisory board

19 composition;

20 ‘‘(ii) review progress and accomplish21 ments of projects funded under the State

22 plan; and

23 ‘‘(iii) contact and seek regular input

24 from juveniles currently under the jurisdic25 tion of the juvenile justice system;’’;
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1 (C) in paragraph (10)—

2 (i) in subparagraph (N), by striking

3 ‘‘and’’ at the end;

4 (ii) in subparagraph (O), by striking

5 the period at the end and inserting ‘‘;

6 and’’; and

7 (iii) by adding at the end the follow8 ing:

9 ‘‘(P) programs implementing the practices

10 described in sections 1802(b), 1803(a), and

11 1803(b) of part R of title I of the Omnibus

12 Crime Control and Safe Streets Act of 1968

13 (42 U.S.C. 3796ee–1(b), 3796ee–2(a), 3796ee–

14 2(b));’’;

15 (D) by striking paragraph (13) and insert16 ing the following:

17 ‘‘(13) provide assurances that, in each secure

18 facility located in the State (including any jail or

19 lockup for adults), there is no commingling in the

20 same cell or community room of, or any other regu21 lar, sustained, physical contact between—

22 ‘‘(A) any juvenile detained or confined for

23 any period of time in that facility; and

24 ‘‘(B) any adult offender detained or con25 fined for any period of time in that facility.’’;
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1 (E) by striking paragraphs (8), (9), (12),

2 (14), (15), (17), (18), (19), (24), and (25);

3 (F) by redesignating paragraphs (10),

4 (11), (13), (16), (20), (21), (22), and (23) as

5 paragraphs (8) through (15), respectively;

6 (G) in paragraph (14), as redesignated, by

7 adding ‘‘and’’ at the end; and

8 (H) in paragraph (15), as redesignated, by

9 striking the semicolon at the end and inserting

10 a period; and

11 (2) by striking subsections (c) and (d).

12 SEC. 307. REPEALS.

13 (a) IN GENERAL.—The Juvenile Justice and Delin14 quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.)

15 is amended—

16 (1) in title II—

17 (A) by striking parts C, E, F, G, and H,

18 and redesignating part D as part C;

19 (B) by striking part I, as added by section

20 2(i)(1)(C) of Public Law 102–586; and

21 (C) by striking the heading of part I, as

22 redesignated by section 2(i)(1)(A) of Public

23 Law 102–586, and inserting the following:
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1 ‘‘PART D—GENERAL AND ADMINISTRATIVE

2 PROVISIONS’’; and

3 (2) by striking title V, as added by section 5(a)

4 of Public Law 102–586.

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

6 (1) SECTION 222.—Section 222(a)(2) of the Ju7 venile Justice and Delinquency Prevention Act of

8 1974 (42 U.S.C. 5632(a)(2))—

9 (A) in subparagraph (A), by striking

10 ‘‘parts D and E’’ and inserting ‘‘part C’’; and

11 (B) in subparagraph (B)—

12 (i) by striking ‘‘part D’’ and inserting

13 ‘‘part C’’; and

14 (ii) by striking ‘‘parts D and E’’ and

15 inserting ‘‘part C’’.

16 (2) SECTIONS 281A AND 282.—Sections

17 281A(a)(6) and 282(b)(6) of the Juvenile Justice

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

19 5667–1(a)(6); 5667a(b)(6)) are each amended by

20 striking ‘‘parts B or C’’ each place that term ap21 pears and inserting ‘‘part B’’.

22 SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

23 Section 299 of the Juvenile Justice and Delinquency

24 Prevention Act of 1974 (42 U.S.C. 5671) is amended by

25 to read as follows:
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1 ‘‘SEC. 299. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) OFFICE OF JUVENILE DELINQUENCY PREVEN3 TION.—There is authorized to be appropriated for each

4 of fiscal years 2000, 2001, and 2002 such sums as may

5 be necessary to carry out part A.

6 ‘‘(b) BLOCK GRANTS FOR STATE AND LOCAL PRO7 GRAMS.—There is authorized to be appropriated

8 $100,000,000 for each of fiscal years 2000, 2001, and

9 2002 to carry out part B.

10 ‘‘(c) GANG-FREE SCHOOLS AND COMMUNITIES; COM11 MUNITY-BASED GANG INTERVENTION.—There is author12 ized to be appropriated $100,000,000 for each of fiscal

13 years 2000, 2001, and 2002 to carry out part C.

14 ‘‘(d) SOURCE OF APPROPRIATIONS.—Notwithstand15 ing any other provision of law, amounts authorized to be

16 appropriated under this section may be appropriated from

17 the Violent Crime Reduction Trust Fund established

18 under section 310001 of the Violent Crime Control and

19 Law Enforcement Act of 1994 (42 U.S.C. 14211).’’.

Æ