```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 10 Reported in Senate (RS)]

                                                       Calendar No. 210

105th CONGRESS

  1st Session

                                 S. 10

                          [Report No. 105-108]

_______________________________________________________________________

                                 A BILL

 To reduce violent juvenile crime, promote accountability by juvenile 
criminals, punish and deter violent gang crime, and for other purposes.

_______________________________________________________________________

                            October 9, 1997

                       Reported with an amendment

                                                       Calendar No. 210
105th CONGRESS
  1st Session
                                 S. 10

                          [Report No. 105-108]

 To reduce violent juvenile crime, promote accountability by juvenile 
criminals, punish and deter violent gang crime, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Hatch (for himself, Mr. Sessions, Mr. Ashcroft, Mr. Domenici, Mr. 
Lott, Mr. Abraham, Mr. Bond, Mr. Coverdell, Mr. Craig, Mr. D'Amato, Mr. 
 Enzi, Mr. Faircloth, Mr. Gorton, Mr. Grams, Mr. Grassley, Mr. Hagel, 
  Mr. Helms, Mr. Hutchinson, Mr. Kyl, Mr. Murkowski, Mr. Roberts, Mr. 
  Smith of New Hampshire, Mr. Thomas, Mr. Thurmond, Mr. Warner,  Mr. 
  Mack, Mr. Burns, and Mr. McConnell) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                            October 9, 1997

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To reduce violent juvenile crime, promote accountability by juvenile 
criminals, punish and deter violent gang crime, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Violent 
and Repeat Juvenile Offender Act of 1997''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings and purposes.
<DELETED>Sec. 3. Severability.
               <DELETED>TITLE I--JUVENILE JUSTICE REFORM

<DELETED>Sec. 101. Repeal of general provision.
<DELETED>Sec. 102. Treatment of Federal juvenile offenders.
<DELETED>Sec. 103. Capital cases.
<DELETED>Sec. 104. Definitions.
<DELETED>Sec. 105. Notification after arrest.
<DELETED>Sec. 106. Detention prior to disposition.
<DELETED>Sec. 107. Speedy trial.
<DELETED>Sec. 108. Dispositional hearings.
<DELETED>Sec. 109. Use of juvenile records.
<DELETED>Sec. 110. Incarceration of violent offenders.
<DELETED>Sec. 111. Federal sentencing guidelines.
                   <DELETED>TITLE II--JUVENILE GANGS

<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Increase in offense level for participation in crime 
                            as a gang member.
<DELETED>Sec. 203. Amendment of title 18 with respect to criminal 
                            street gangs.
<DELETED>Sec. 204. Interstate and foreign travel or transportation in 
                            aid of criminal street gangs.
<DELETED>Sec. 205. Solicitation or recruitment of persons in criminal 
                            gang activity.
<DELETED>Sec. 206. Crimes involving the recruitment of persons to 
                            participate in criminal street gangs and 
                            firearms offenses as RICO predicates.
<DELETED>Sec. 207. Prohibitions relating to firearms.
<DELETED>Sec. 208. Amendment of sentencing guidelines with respect to 
                            body armor.
<DELETED>Sec. 209. Additional prosecutors.
     <DELETED>TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

<DELETED>Sec. 301. Findings; declaration of purpose; definitions.
<DELETED>Sec. 302. Youth Crime Control and Accountability Block Grants.
<DELETED>Sec. 303. Runaway and homeless youth.
<DELETED>Sec. 304. Authorization of appropriations.
<DELETED>Sec. 305. Repeal.
<DELETED>Sec. 306. Transfer of functions and savings provisions.
<DELETED>Sec. 307. Repeal of unnecessary and duplicative programs.
<DELETED>Sec. 308. Civil monetary penalty surcharge.

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

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

<DELETED>SEC. 3. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected 
thereby.</DELETED>

          <DELETED>TITLE I--JUVENILE JUSTICE REFORM</DELETED>

<DELETED>SEC. 101. REPEAL OF GENERAL PROVISION.</DELETED>

<DELETED>    (a) In General.--Chapter 401 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking section 5001; and</DELETED>
        <DELETED>    (2) by redesignating section 5003 as section 
        5001.</DELETED>
<DELETED>    (b) Technical Amendments.--The chapter analysis for 
chapter 401 of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking the item relating to section 5001; 
        and</DELETED>
        <DELETED>    (2) by redesignating the item relating to section 
        5003 as 5001.</DELETED>

<DELETED>SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.</DELETED>

<DELETED>    (a) In General.--Section 5032 of title 18, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 5032. Delinquency proceedings in district courts; 
              juveniles tried as adults; transfer for other criminal 
              prosecution</DELETED>
<DELETED>    ``(a) In General.--A juvenile who is not less than 14 
years of age and who is alleged to have committed an act that, if 
committed by an adult, would be a criminal offense, shall be tried in 
the appropriate district court of the United States--</DELETED>
        <DELETED>    ``(1) as an adult at the discretion of the United 
        States Attorney in the appropriate jurisdiction, upon a finding 
        by that United States Attorney, which finding shall not be 
        subject to review in or by any court, trial or appellate, that 
        there is a substantial Federal interest in the case or the 
        offense to warrant the exercise of Federal jurisdiction, if the 
        juvenile is charged with a Federal offense that--</DELETED>
                <DELETED>    ``(A) is a crime of violence (as that term 
                is defined in section 16); or</DELETED>
                <DELETED>    ``(B) involves a controlled substance (as 
                that term is defined in section 102 of the Controlled 
                Substances Act (21 U.S.C. 802)) for which the penalty 
                is a term of imprisonment of not less than 5 years; 
                and</DELETED>
        <DELETED>    ``(2) in all other cases, as a juvenile.</DELETED>
<DELETED>    ``(b) Referral by United States Attorney.--</DELETED>
        <DELETED>    ``(1) In general.--If the United States Attorney 
        in the appropriate jurisdiction declines prosecution of a 
        charged offense under subsection (a)(2), the United States 
        Attorney may refer the matter to the appropriate legal 
        authorities of the State or Indian tribe.</DELETED>
        <DELETED>    ``(2) Definitions.--In this section--</DELETED>
                <DELETED>    ``(A) the term `State' includes a State of 
                the United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States; and</DELETED>
                <DELETED>    ``(B) the term `Indian tribe' has the same 
                meaning as in section 4(e) of the Indian Self-
                Determination and Education Assistance Act.</DELETED>
<DELETED>    ``(c) Applicable Procedures.--Any action prosecuted in a 
district court of the United States under this section--</DELETED>
        <DELETED>    ``(1) shall proceed in the same manner as is 
        required by this title and by the Federal Rules of Criminal 
        Procedure in proceedings against an adult in the case of a 
        juvenile who is being tried as an adult in accordance with 
        subsection (a); and</DELETED>
        <DELETED>    ``(2) in all other cases, shall proceed in 
        accordance with this chapter, unless the juvenile has requested 
        in writing, upon advice of counsel, to be proceeded against as 
        an adult.</DELETED>
<DELETED>    ``(d) Capital Cases.--Subject to section 3591, if a 
juvenile is tried and sentenced as an adult, the juvenile shall be 
subject to being sentenced to death on the same terms and in accordance 
with the same procedures as an adult.</DELETED>
<DELETED>    ``(e) Application of Laws.--In any case in which a 
juvenile is prosecuted in a district court of the United States as an 
adult, the juvenile shall be subject to the same laws, rules, and 
proceedings regarding sentencing that would be applicable in the case 
of an adult. No juvenile sentenced to a term of imprisonment shall be 
released from custody simply because the juvenile reaches the age of 18 
years.</DELETED>
<DELETED>    ``(f) Open Proceedings.--</DELETED>
        <DELETED>    ``(1) In general.--Any offense tried in a district 
        court of the United States pursuant to this section shall be 
        open to the general public, in accordance with rules 10, 26, 
        31(a), and 53 of the Federal Rules of Criminal Procedure, 
        unless good cause is established by the moving party or is 
        otherwise found by the court, for closure.</DELETED>
        <DELETED>    ``(2) Status alone insufficient.--The status of 
        the defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this 
        subsection.</DELETED>
<DELETED>    ``(g) Availability of Records.--</DELETED>
        <DELETED>    ``(1) In general.--In making a determination 
        concerning the prosecution of a juvenile in a district court of 
        the United States under this section, subject to the 
        requirements of section 5038, the United States Attorney of the 
        appropriate jurisdiction shall have complete access to the 
        prior Federal juvenile records of the subject juvenile, and to 
        the extent permitted by State law, the prior State juvenile 
        records of the subject juvenile.</DELETED>
        <DELETED>    ``(2) Consideration of entire record.--In any case 
        in which a juvenile is found guilty in an action pursuant to 
        this section, the district court responsible for imposing 
        sentence shall have complete access to the prior juvenile 
        records of the subject juvenile, and, to the extent permitted 
        under State law, the prior State juvenile records of the 
        subject juvenile. At sentencing, the district court shall 
        consider the entire available prior juvenile record of the 
        subject juvenile.</DELETED>
        <DELETED>    ``(3) Release of records.--The United States 
        Attorney may release such Federal records, and, to the extent 
        permitted by State law, such State records, to law enforcement 
        authorities of any jurisdiction and to officials of any school, 
        school district, or postsecondary school at which the 
        individual who is the subject of the juvenile record is 
        enrolled or seeks, intends, or is instructed to enroll, if such 
        school officials are held liable to the same standards and 
        penalties to which law enforcement and juvenile justice system 
        employees are held liable under Federal and State law, for the 
        handling and disclosure of such information.''.</DELETED>
<DELETED>    (b) Technical Amendment.--The chapter analysis for chapter 
403 of title 18, United States Code, is amended by striking the item 
relating to section 5032 and inserting the following:</DELETED>

<DELETED>``5032. Delinquency proceedings in district courts; juveniles 
                            tried as adults; transfer for other 
                            criminal prosecution.''.

<DELETED>SEC. 103. CAPITAL CASES.</DELETED>

<DELETED>    Section 3591 of title 18, United States Code, is amended 
by striking ``18 years'' each place that term appears and inserting 
``16 years''.</DELETED>

<DELETED>SEC. 104. DEFINITIONS.</DELETED>

<DELETED>    Section 5031 of title 18, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>``Sec. 5031. Definitions</DELETED>
<DELETED>    ``In this chapter--</DELETED>
        <DELETED>    ``(1) the term `juvenile' means a person who is 
        less than 18 years of age; and</DELETED>
        <DELETED>    ``(2) the term `juvenile delinquency' means the 
        violation of a law of the United States committed by a juvenile 
        that would be a crime if committed by an adult.''.</DELETED>

<DELETED>SEC. 105. NOTIFICATION AFTER ARREST.</DELETED>

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

<DELETED>SEC. 106. DETENTION PRIOR TO DISPOSITION.</DELETED>

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

<DELETED>SEC. 107. SPEEDY TRIAL.</DELETED>

<DELETED>    Section 5036 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking ``thirty'' and inserting ``70''; 
        and</DELETED>
        <DELETED>    (2) by striking ``the court,'' and all that 
        follows through the end of the section and inserting ``the 
        court. The periods of exclusion under section 3161(h) shall 
        apply to this section.''.</DELETED>

<DELETED>SEC. 108. DISPOSITIONAL HEARINGS.</DELETED>

<DELETED>    Section 5037 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``(a)'' and all 
        that follows through ``After the'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Dispositional hearing.--In any case in which 
        a juvenile is found to be a juvenile delinquent in district 
        court pursuant to section 5032, but is not tried as an adult 
        under that section, not later than 20 days after the hearing in 
        which a finding of juvenile delinquency is made, the court 
        shall hold a disposition hearing concerning the appropriate 
        disposition unless the court has ordered further study pursuant 
        to subsection (d).</DELETED>
        <DELETED>    ``(2) Actions of court after hearing.--After 
        the'';</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``extend--'' 
        and all that follows through ``The provisions'' and inserting 
        the following: ``extend, in the case of a juvenile, beyond the 
        maximum term that would be authorized by section 3561(b), if 
        the juvenile had been tried and convicted as an adult. The 
        provisions'';</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``extend--'' 
        and all that follows through ``Section 3624'' and inserting the 
        following: ``extend beyond the maximum term of imprisonment 
        that would be authorized if the juvenile had been tried and 
        convicted as an adult. No juvenile sentenced to a term of 
        imprisonment shall be released from custody simply because the 
        juvenile reaches the age of 18 years. Section 3624'';</DELETED>
        <DELETED>    (4) by redesignating subsection (d) as subsection 
        (e); and</DELETED>
        <DELETED>    (5) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Applicability of Restitution Provisions.--If a 
juvenile has been tried and convicted as an adult, or adjudicated 
delinquent for any offense in which the juvenile is otherwise tried 
pursuant to section 5032, the restitution provisions contained in this 
title (including sections 3663, 3663A, 2248, 2259, 2264, and 2327) and 
title 21 shall apply to that juvenile in the same manner and to the 
same extent as those provisions apply to adults.''.</DELETED>

<DELETED>SEC. 109. USE OF JUVENILE RECORDS.</DELETED>

<DELETED>    Section 5038 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (5), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (6), by striking the 
                period at the end and inserting ``; and'';</DELETED>
                <DELETED>    (C) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) inquiries from any school or other 
        educational institution for the purpose of ensuring the public 
        safety and security at such institution.''; and</DELETED>
                <DELETED>    (D) by striking ``Unless'' and inserting 
                the following:</DELETED>
<DELETED>    ``(c) Prohibition on Release of Certain Information.--
Unless'';</DELETED>
        <DELETED>    (2) by redesignating subsections (b) and (c) as 
        subsections (d) and (e), respectively;</DELETED>
        <DELETED>    (3) by inserting immediately after subsection (a) 
        the following:</DELETED>
<DELETED>    ``(b) Access by United States Attorney.--Notwithstanding 
subsection (a), in determining the appropriate disposition of a 
juvenile matter under section 5032, the United States Attorney of the 
appropriate jurisdiction shall have complete access to the official 
records of the juvenile proceedings conducted under this 
title.'';</DELETED>
        <DELETED>    (4) by inserting after subsection (e), as 
        redesignated, the following:</DELETED>
<DELETED>    ``(f) Records of Juveniles Tried as Adults.--In any case 
in which a juvenile is tried as an adult, access to the record of the 
offenses of the juvenile shall be made available in the same manner as 
is applicable to adult defendants.'';</DELETED>
        <DELETED>    (5) by striking ``(d) Whenever'' and all that 
        follows through ``adult defendants.'' and inserting the 
        following:</DELETED>
<DELETED>    ``(g) Fingerprints and Photographs.--Fingerprints and 
photographs of a juvenile--</DELETED>
        <DELETED>    ``(1) who is prosecuted as an adult, shall be made 
        available in the same manner as is applicable to an adult 
        defendant; and</DELETED>
        <DELETED>    ``(2) who is not prosecuted as an adult, shall be 
        made available only as provided in subsection (a).'';</DELETED>
        <DELETED>    (6) by striking ``(e) Unless,'' and inserting the 
        following:</DELETED>
<DELETED>    ``(h) No Publication of Name or Picture.--
Unless'';</DELETED>
        <DELETED>    (7) by striking ``(f) Whenever'' and inserting the 
        following:</DELETED>
<DELETED>    ``(i) Information to Federal Bureau of Investigation.--
Whenever''; and</DELETED>
        <DELETED>    (8) in subsection (i), as redesignated--</DELETED>
                <DELETED>    (A) by striking ``of committing an act'' 
                and all that follows through ``5032 of this title'' and 
                inserting ``by a district court of the United States 
                pursuant to section 5032 of committing an act''; 
                and</DELETED>
                <DELETED>    (B) by inserting ``involved a juvenile 
                tried as an adult or'' before ``were juvenile 
                adjudications''.</DELETED>

<DELETED>SEC. 110. INCARCERATION OF VIOLENT OFFENDERS.</DELETED>

<DELETED>    Section 5039 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by designating the first 3 undesignated 
        paragraphs as subsections (a) through (c), respectively; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Segregation of Juveniles Convicted of Violent 
Offenses.--</DELETED>
        <DELETED>    ``(1) Definition.--In this subsection, the term 
        `crime of violence' has the same meaning as in section 16 of 
        title 18, United States Code.</DELETED>
        <DELETED>    ``(2) Segregation.--The Director of the Bureau of 
        Prisons shall ensure that juveniles who are alleged to be or 
        determined to be delinquent are not confined in any institution 
        in which the juvenile has regular sustained physical contact 
        with adult persons who are detained or confined.''.</DELETED>

<DELETED>SEC. 111. FEDERAL SENTENCING GUIDELINES.</DELETED>

<DELETED>    Section 994(h) of title 28, United States Code, is amended 
by inserting ``, or in which the defendant is a juvenile who is tried 
as an adult,'' after ``old or older''.</DELETED>

              <DELETED>TITLE II--JUVENILE GANGS</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Federal Gang Violence 
Act''.</DELETED>

<DELETED>SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME 
              AS A GANG MEMBER.</DELETED>

<DELETED>    (a) Definition.--In this section, the term ``criminal 
street gang'' has the same meaning as in section 521(a) of title 18, 
United States Code, as amended by section 203 of this title.</DELETED>
<DELETED>    (b) Amendment of Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines to provide an appropriate enhancement, increasing the 
offense level by not less than 6 levels, for any offense, if the 
offense was both committed in connection with, or in furtherance of, 
the activities of a criminal street gang and the defendant was a member 
of the criminal street gang at the time of the offense.</DELETED>
<DELETED>    (c) Construction With Other Guidelines.--The amendment 
made pursuant to subsection (b) shall provide that the increase in the 
offense level shall be in addition to any other adjustment under 
chapter 3 of the Federal sentencing guidelines.</DELETED>

<DELETED>SEC. 203. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL 
              STREET GANGS.</DELETED>

<DELETED>    (a) In General.--Section 521 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``(a) Definitions.--'' and 
                inserting the following:</DELETED>
<DELETED>    ``(a) Definitions.--In this section:'', and</DELETED>
                <DELETED>    (B) by striking ```conviction'' and all 
                that follows through the end of the subsection and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Criminal street gang.--The term `criminal 
        street gang' means an ongoing group, club, organization, or 
        association of 3 or more persons, whether formal or informal--
        </DELETED>
                <DELETED>    ``(A) a primary activity of which is the 
                commission of 1 or more predicate gang 
                crimes;</DELETED>
                <DELETED>    ``(B) any members of which engage, or have 
                engaged during the 5-year period preceding the date in 
                question, in a pattern of criminal gang activity; 
                and</DELETED>
                <DELETED>    ``(C) the activities of which affect 
                interstate or foreign commerce.</DELETED>
        <DELETED>    ``(2) Pattern of criminal gang activity.--The term 
        `pattern of criminal gang activity' means the commission of 2 
        or more predicate gang crimes committed in connection with, or 
        in furtherance of, the activities of a criminal street gang--
        </DELETED>
                <DELETED>    ``(A) at least 1 of which was committed 
                after the date of enactment of the Federal Gang 
                Violence Act;</DELETED>
                <DELETED>    ``(B) the first of which was committed not 
                more than 5 years before the commission of another 
                predicate gang crime; and</DELETED>
                <DELETED>    ``(C) that were committed on separate 
                occasions.</DELETED>
        <DELETED>    ``(3) Predicate gang crime.--The term `predicate 
        gang crime' means an offense, including an act of juvenile 
        delinquency that, if committed by an adult, would be an offense 
        that is--</DELETED>
                <DELETED>    ``(A) a Federal offense--</DELETED>
                        <DELETED>    ``(i) that is a crime of violence 
                        (as that term is defined in section 16) 
                        including carjacking, drive-by-shooting, 
                        shooting at an unoccupied dwelling or motor 
                        vehicle, assault with a deadly weapon, and 
                        homicide;</DELETED>
                        <DELETED>    ``(ii) that involves a controlled 
                        substance (as that term is defined in section 
                        102 of the Controlled Substances Act (21 U.S.C. 
                        802)) for which the penalty is imprisonment for 
                        not less than 5 years;</DELETED>
                        <DELETED>    ``(iii) that is a violation of 
                        section 844, section 875 or 876 (relating to 
                        extortion and threats), section 1084 (relating 
                        to gambling), section 1955 (relating to 
                        gambling), chapter 44 (relating to firearms), 
                        or chapter 73 (relating to obstruction of 
                        justice);</DELETED>
                        <DELETED>    ``(iv) that is a violation of 
                        section 1956 (relating to money laundering), 
                        insofar as the violation of such section is 
                        related to a Federal or State offense involving 
                        a controlled substance (as that term is defined 
                        in section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)); or</DELETED>
                        <DELETED>    ``(v) that is a violation of 
                        section 274(a)(1)(A), 277, or 278 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1324(a)(1)(A), 1327, or 1328) (relating to 
                        alien smuggling);</DELETED>
                <DELETED>    ``(B) a State offense involving conduct 
                that would constitute an offense under subparagraph (A) 
                if Federal jurisdiction existed or had been exercised; 
                or</DELETED>
                <DELETED>    ``(C) a conspiracy, attempt, or 
                solicitation to commit an offense described in 
                subparagraph (A) or (B).</DELETED>
        <DELETED>    ``(4) State.--The term `State' includes a State of 
        the United States, the District of Columbia, Puerto Rico, Guam, 
        the Virgin Islands, and any other territory of possession of 
        the United States.''; and</DELETED>
        <DELETED>    (2) by striking subsections (b), (c), and (d) and 
        inserting the following:</DELETED>
<DELETED>    ``(b) Criminal Penalties.--Any person who engages in a 
pattern of criminal gang activity--</DELETED>
        <DELETED>    ``(1) shall be sentenced to--</DELETED>
                <DELETED>    ``(A) a term of imprisonment of not less 
                than 10 years and not more than life, fined in 
                accordance with this title, or both; and</DELETED>
                <DELETED>    ``(B) the forfeiture prescribed in section 
                413 of the Controlled Substances Act (21 U.S.C. 853); 
                and</DELETED>
        <DELETED>    ``(2) if any person engages in such activity after 
        1 or more prior convictions under this section have become 
        final, shall be sentenced to--</DELETED>
                <DELETED>    ``(A) a term of imprisonment of not less 
                than 20 years and not more than life, fined in 
                accordance with this title, or both; and</DELETED>
                <DELETED>    ``(B) the forfeiture prescribed in section 
                412 of the Controlled Substances Act (21 U.S.C. 
                853).''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 3663(c)(4) of title 18, 
United States Code, is amended by inserting before ``chapter 46'' the 
following: ``section 521 of this title,''.</DELETED>

<DELETED>SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
              AID OF CRIMINAL STREET GANGS.</DELETED>

<DELETED>    (a) Travel Act Amendments.--</DELETED>
        <DELETED>    (1) Prohibited conduct and penalties.--Section 
        1952(a) of title 18, United States Code, is amended to read as 
        follows:</DELETED>
<DELETED>    ``(a) Prohibited Conduct and Penalties.--</DELETED>
        <DELETED>    ``(1) In general.--Any person who--</DELETED>
                <DELETED>    ``(A) travels in interstate or foreign 
                commerce or uses the mail or any facility in interstate 
                or foreign commerce, with intent to--</DELETED>
                        <DELETED>    ``(i) distribute the proceeds of 
                        any unlawful activity; or</DELETED>
                        <DELETED>    ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; 
                        and</DELETED>
                <DELETED>    ``(B) after travel or use of the mail or 
                any facility in interstate or foreign commerce 
                described in subparagraph (A), performs, attempts to 
                perform, or conspires to perform an act described in 
                clause (i) or (ii) of subparagraph (A),</DELETED>
        <DELETED>shall be fined under this title, imprisoned not more 
        than 10 years, or both.</DELETED>
        <DELETED>    ``(2) Crimes of violence.--Any person who--
        </DELETED>
                <DELETED>    ``(A) travels in interstate or foreign 
                commerce or uses the mail or any facility in interstate 
                or foreign commerce, with intent to commit any crime of 
                violence to further any unlawful activity; 
                and</DELETED>
                <DELETED>    ``(B) after travel or use of the mail or 
                any facility in interstate or foreign commerce 
                described in subparagraph (A), commits, attempts to 
                commit, or conspires to commit any crime of violence to 
                further any unlawful activity,</DELETED>
        <DELETED>shall be fined under this title, imprisoned for not 
        more than 20 years, or both, and if death results shall be 
        sentenced to death or be imprisoned for any term of years or 
        for life.''.</DELETED>
        <DELETED>    (2) Definitions.--Section 1952(b) of title 18, 
        United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Controlled substance.--The term `controlled 
        substance' has the same meaning as in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)).</DELETED>
        <DELETED>    ``(2) State.--The term `State' includes a State of 
        the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.</DELETED>
        <DELETED>    ``(3) Unlawful activity.--The term `unlawful 
        activity' means--</DELETED>
                <DELETED>    ``(A) predicate gang crime (as that term 
                is defined in section 521);</DELETED>
                <DELETED>    ``(B) any business enterprise involving 
                gambling, liquor on which the Federal excise tax has 
                not been paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;</DELETED>
                <DELETED>    ``(C) extortion, bribery, arson, robbery, 
                burglary, assault with a deadly weapon, retaliation 
                against or intimidation of witnesses, victims, jurors, 
                or informants, assault resulting in bodily injury, 
                possession of or trafficking in stolen property, 
                illegally trafficking in firearms, kidnapping, alien 
                smuggling, or shooting at an occupied dwelling or motor 
                vehicle, in each case, in violation of the laws of the 
                State in which the offense is committed or of the 
                United States; or</DELETED>
                <DELETED>    ``(D) any act that is indictable under 
                section 1956 or 1957 of this title or under subchapter 
                II of chapter 53 of title 31.''.</DELETED>
<DELETED>    (b) Amendment of Sentencing Guidelines.--</DELETED>
        <DELETED>    (1) In general.--Pursuant to its authority under 
        section 994(p) of title 28, United States Code, the United 
        States Sentencing Commission shall amend chapter 2 of the 
        Federal sentencing guidelines so that--</DELETED>
                <DELETED>    (A) the base offense level for traveling 
                in interstate or foreign commerce in aid of a criminal 
                street gang or other unlawful activity is increased to 
                12; and</DELETED>
                <DELETED>    (B) the base offense level for the 
                commission of a crime of violence in aid of a criminal 
                street gang or other unlawful activity is increased to 
                24.</DELETED>
        <DELETED>    (2) Definitions.--In this subsection--</DELETED>
                <DELETED>    (A) the term ``crime of violence'' has the 
                same meaning as in section 16 of title 18, United 
                States Code;</DELETED>
                <DELETED>    (B) the term ``criminal street gang'' has 
                the same meaning as in 521(a) of title 18, United 
                States Code, as amended by section 203 of this title; 
                and</DELETED>
                <DELETED>    (C) the term ``unlawful activity'' has the 
                same meaning as in section 1952(b) of title 18, United 
                States Code, as amended by this section.</DELETED>

<DELETED>SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
              GANG ACTIVITY.</DELETED>

<DELETED>    (a) Prohibited Acts.--Chapter 26 of title 18, United 
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 522. Recruitment of persons to participate in criminal 
              street gang activity</DELETED>
<DELETED>    ``(a) Prohibited Act.--It shall be unlawful for any person 
to--</DELETED>
        <DELETED>    ``(1) use any facility in, or travel in, 
        interstate or foreign commerce, or cause another to do so, to 
        recruit, solicit, request, induce, counsel, command, or cause 
        another person to be a member of a criminal street gang, or 
        conspire to do so; or</DELETED>
        <DELETED>    ``(2) recruit, solicit, request, induce, counsel, 
        command, or cause another person to engage in a predicate gang 
        crime for which such person may be prosecuted in a court of the 
        United States, or conspire to do so.</DELETED>
<DELETED>    ``(b) Penalties.--A person who violates subsection (a) 
shall--</DELETED>
        <DELETED>    ``(1) if the person recruited--</DELETED>
                <DELETED>    ``(A) is a minor, be imprisoned for a term 
                of not less than 4 years and not more than 10 years, 
                fined in accordance with this title, or both; 
                or</DELETED>
                <DELETED>    ``(B) is not a minor, be imprisoned for a 
                term of not less than 1 year and not more than 10 
                years, fined in accordance with this title, or both; 
                and</DELETED>
        <DELETED>    ``(2) be liable for any costs incurred by the 
        Federal Government or by any State or local government for 
        housing, maintaining, and treating the minor until the minor 
        reaches the age of 18.</DELETED>
<DELETED>    ``(c) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the terms `criminal street gang' and 
        `predicate gang crime' have the same meanings as in section 
        521; and</DELETED>
        <DELETED>    ``(2) the term `minor' means a person who is 
        younger than 18 years of age.''.</DELETED>
<DELETED>    (b) Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend chapter 2 of the Federal sentencing 
guidelines to provide an appropriate enhancement for any offense 
involving the recruitment of a minor to participate in a gang 
activity.</DELETED>
<DELETED>    (c) Technical Amendment.--The chapter analysis for chapter 
26 of title 18, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``522. Recruitment of persons to participate in criminal 
                            street gang activity.''.

<DELETED>SEC. 206. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO 
              PARTICIPATE IN CRIMINAL STREET GANGS AND FIREARMS 
              OFFENSES AS RICO PREDICATES.</DELETED>

<DELETED>    Section 1961(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``or'' before ``(F)''; 
        and</DELETED>
        <DELETED>    (2) by inserting before the semicolon at the end 
        the following: ``, (G) an offense under section 522 of this 
        title, or (H) an act or conspiracy to commit any violation of 
        chapter 44 of this title (relating to firearms)''.</DELETED>

<DELETED>SEC. 207. PROHIBITIONS RELATING TO FIREARMS.</DELETED>

<DELETED>    (a) Penalties.--Section 924(a)(6) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking subparagraph (A);</DELETED>
        <DELETED>    (2) by redesignating subparagraph (B) as 
        subparagraph (A);</DELETED>
        <DELETED>    (3) in subparagraph (A), as redesignated--
        </DELETED>
                <DELETED>    (A) by striking ``(B) A person other than 
                a juvenile who knowingly'' and inserting ``(A) A person 
                who knowingly'';</DELETED>
                <DELETED>    (B) in clause (i), by striking ``not more 
                than 1 year'' and inserting ``not less than 1 year and 
                not more than 5 years''; and</DELETED>
                <DELETED>    (C) in clause (ii), by inserting ``not 
                less than 1 year and'' after ``imprisoned''; 
                and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(B) Notwithstanding subparagraph (A), no 
        mandatory minimum sentence shall apply to a juvenile who is 
        less than 13 years of age.''.</DELETED>
<DELETED>    (b) Serious Juvenile Drug Offenses as Armed Career 
Criminal Predicates.--Section 924(e)(2)(A) of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in clause (i), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii), by adding ``or'' at the end; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(iii) any act of juvenile delinquency 
                that if committed by an adult would be an offense 
                described in clause (i) or (ii);''.</DELETED>
<DELETED>    (c) Transfer of Firearms to Minors for Use in Crime.--
Section 924(h) of title 18, United States Code, is amended by striking 
``10 years, fined in accordance with this title, or both'' and 
inserting ``10 years, and if the transferee is a person who is under 18 
years of age, imprisoned for a term of not less than 3 years, fined in 
accordance with this title, or both''.</DELETED>

<DELETED>SEC. 208. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO 
              BODY ARMOR.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``body armor'' means any product sold 
        or offered for sale as personal protective body covering 
        intended to protect against gunfire, regardless of whether the 
        product is to be worn alone or is sold as a complement to 
        another product or garment; and</DELETED>
        <DELETED>    (2) the term ``law enforcement officer'' means any 
        officer, agent, or employee of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.</DELETED>
<DELETED>    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any crime in which the defendant used body 
armor.</DELETED>
<DELETED>    (c) Applicability.--No Federal sentencing guideline 
amendment made pursuant to this section shall apply if the Federal 
crime in which the body armor is used constitutes a violation of, 
attempted violation of, or conspiracy to violate the civil rights of a 
person by a law enforcement officer acting under color of the authority 
of such law enforcement officer.</DELETED>

<DELETED>SEC. 209. ADDITIONAL PROSECUTORS.</DELETED>

<DELETED>    There are authorized to be appropriated $20,000,000 for 
each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for the 
hiring of Assistant United States Attorneys and attorneys in the 
Criminal Division of the Department of Justice to prosecute juvenile 
criminal street gangs (as that term is defined in section 521(a) of 
title 18, United States Code, as amended by section 203 of this 
title).</DELETED>

<DELETED>TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY</DELETED>

<DELETED>SEC. 301. FINDINGS; DECLARATION OF PURPOSE; 
              DEFINITIONS.</DELETED>

<DELETED>    Title I of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5601 et seq.) is amended to read as 
follows:</DELETED>

   <DELETED>``TITLE I--FINDINGS AND DECLARATION OF PURPOSE</DELETED>

<DELETED>``SEC. 101. FINDINGS.</DELETED>

<DELETED>    ``Congress makes the following findings:</DELETED>
        <DELETED>    ``(1) During the past several years, the United 
        States has experienced an alarming increase in arrests of 
        adolescents for murder, assault, and weapons 
        offenses.</DELETED>
        <DELETED>    ``(2) In 1994, juveniles accounted for 1 in 5 
        arrests for violent crimes, including murder, robbery, 
        aggravated assault, and rape, including 514 such arrests per 
        100,000 juveniles 10 through 17 years of age.</DELETED>
        <DELETED>    ``(3) Understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, and 
        correct youth offenders.</DELETED>
        <DELETED>    ``(4) The juvenile justice system has proven 
        inadequate to meet the needs of society, because insufficient 
        sanctions are imposed on serious youth offenders and the needs 
        of children, who may be at risk of becoming 
        delinquents.</DELETED>
        <DELETED>    ``(5) Existing programs and policies have not 
        adequately responded to the particular threat of drugs, alcohol 
        abuse, violence, and gangs pose to the youth of the 
        Nation.</DELETED>
        <DELETED>    ``(6) Demographic increases projected in the 
        number of youth offenders require reexamination of the 
        prosecution and incarceration policies for serious violent 
        youth offenders.</DELETED>
        <DELETED>    ``(7) State and local communities that experience 
        directly the devastating failures of the juvenile justice 
        system require assistance to deal comprehensively with the 
        problems of juvenile delinquency.</DELETED>
        <DELETED>    ``(8) Existing Federal programs have not provided 
        the States with necessary flexibility, and have not provided 
        coordination, resources, and leadership required to meet the 
        crisis of youth violence.</DELETED>
        <DELETED>    ``(9) Overlapping and uncoordinated Federal 
        programs have created a multitude of Federal funding streams to 
        State and local governments, that have become a barrier to 
        effective program coordination, responsive public safety 
        initiatives, and the provision of comprehensive services for 
        children and youth.</DELETED>
        <DELETED>    ``(10) Violent crime by juveniles constitutes a 
        growing threat to the national welfare that requires an 
        immediate and comprehensive governmental response, combining 
        flexibility and coordinated evaluation.</DELETED>
        <DELETED>    ``(11) Limited State and local resources are being 
        wasted complying with the unnecessary Federal mandate that 
        status offenders be deinstitutionalized. Some communities 
        believe that curfews are appropriate for juveniles, and those 
        communities should not be prohibited by the Federal Government 
        from using confinement for status offenses as a means of 
        dealing with delinquent behavior before it becomes criminal 
        conduct.</DELETED>
        <DELETED>    ``(12) Limited State and local resources are being 
        wasted complying with the unnecessary Federal mandate that no 
        juvenile be detained or confined in any jail or lockup for 
        adults, because it can be feasible to separate adults and 
        juveniles in 1 facility. This mandate is particularly 
        burdensome for rural communities.</DELETED>
        <DELETED>    ``(13) The role of the Federal Government should 
        be to encourage and empower communities to develop and 
        implement policies to protect adequately the public from 
        serious juvenile crime as well as comprehensive programs to 
        reduce risk factors and prevent juvenile delinquency.</DELETED>
        <DELETED>    ``(14) A strong partnership among law enforcement, 
        local government, juvenile and family courts, schools, 
        businesses, philanthropic organizations, families, and the 
        religious community, can create a community environment that 
        supports the youth of the Nation in reaching their highest 
        potential and reduces the destructive trend of juvenile 
        crime.</DELETED>

<DELETED>``SEC. 102. PURPOSE AND STATEMENT OF POLICY.</DELETED>

<DELETED>    ``(a) In General.--The purposes of this Act are--
</DELETED>
        <DELETED>    ``(1) to protect the public and to hold juveniles 
        accountable for their acts;</DELETED>
        <DELETED>    ``(2) to empower States and communities to develop 
        and implement comprehensive programs that support families and 
        reduce risk factors and prevent serious youth crime and 
        juvenile delinquency;</DELETED>
        <DELETED>    ``(3) to provide for the thorough and ongoing 
        evaluation of all federally funded programs addressing juvenile 
        crime and delinquency;</DELETED>
        <DELETED>    ``(4) to provide technical assistance to public 
        and private nonprofit entities that protect public safety, 
        administer justice and corrections to delinquent youth, or 
        provide services to youth at risk of delinquency, and their 
        families;</DELETED>
        <DELETED>    ``(5) to establish a centralized research effort 
        on the problems of youth crime and juvenile delinquency, 
        including the dissemination of the findings of such research 
        and all related data;</DELETED>
        <DELETED>    ``(6) to establish a Federal assistance program to 
        deal with the problems of runaway and homeless youth;</DELETED>
        <DELETED>    ``(7) to assist State and local governments in 
        improving the administration of justice for 
        juveniles;</DELETED>
        <DELETED>    ``(8) to assist the State and local governments in 
        reducing the level of youth violence;</DELETED>
        <DELETED>    ``(9) to assist State and local governments in 
        promoting public safety by supporting juvenile delinquency 
        prevention and control activities;</DELETED>
        <DELETED>    ``(10) to encourage and promote programs designed 
        to keep in school juvenile delinquents expelled or suspended 
        for disciplinary reasons;</DELETED>
        <DELETED>    ``(11) to assist State and local governments in 
        promoting public safety by encouraging accountability through 
        the imposition of meaningful sanctions for acts of juvenile 
        delinquency;</DELETED>
        <DELETED>    ``(12) to assist State and local governments in 
        promoting public safety by improving the extent, accuracy, 
        availability and usefulness of juvenile court and law 
        enforcement records and the openness of the juvenile justice 
        system;</DELETED>
        <DELETED>    ``(13) to assist State and local governments in 
        promoting public safety by encouraging the identification of 
        violent and hardcore juveniles and transferring such juveniles 
        out of the jurisdiction of the juvenile justice system and into 
        the jurisdiction of adult criminal court;</DELETED>
        <DELETED>    ``(14) to assist State and local governments in 
        promoting public safety by providing resources to States to 
        build or expand juvenile detention facilities;</DELETED>
        <DELETED>    ``(15) to provide for the evaluation of federally 
        assisted juvenile crime control programs, and training 
        necessary for the establishment and operation of such 
        programs;</DELETED>
        <DELETED>    ``(16) to ensure the dissemination of information 
        regarding juvenile crime control programs by providing a 
        national clearinghouse; and</DELETED>
        <DELETED>    ``(17) to provide technical assistance to public 
        and private nonprofit juvenile justice and delinquency 
        prevention programs.</DELETED>
<DELETED>    ``(b) Statement of Policy.--It is the policy of Congress 
to provide resources, leadership, and coordination--</DELETED>
        <DELETED>    ``(1) to combat youth violence and to prosecute 
        and punish effectively violent juvenile offenders; 
        and</DELETED>
        <DELETED>    ``(2) to improve the quality of juvenile justice 
        in the United States.</DELETED>

<DELETED>``SEC. 103. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act:</DELETED>
        <DELETED>    ``(1) Administrator.--The term `Administrator' 
        means the Administrator of the Office of Juvenile Crime Control 
        and Accountability.</DELETED>
        <DELETED>    ``(2) Construction.--The term `construction' means 
        acquisition, expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, or any 
        combination of such activities (including architects' fees but 
        not the cost of acquisition of land for buildings).</DELETED>
        <DELETED>    ``(3) Juvenile population.--The term `juvenile 
        population' means the population of a State under 18 years of 
        age.</DELETED>
        <DELETED>    ``(4) Office.--The term `Office' means the Office 
        of Juvenile Crime Control and Accountability established under 
        section 201.</DELETED>
        <DELETED>    ``(5) Outcome objective.--The term `outcome 
        objective' means an objective that relates to the impact of a 
        program or initiative, that measures the reduction of high risk 
        behaviors, such as incidence of arrest, the commission of 
        criminal acts or acts of delinquency, failure in school, 
        violence, the use of alcohol or illegal drugs, involvement of 
        youth gangs, and teenage pregnancy, among youth in the 
        community.</DELETED>
        <DELETED>    ``(6) Process objective.--The term `process 
        objective' means an objective that relates to the manner in 
        which a program or initiative is carried out, including--
        </DELETED>
                <DELETED>    ``(A) an objective relating to the degree 
                to which the program or initiative is reaching the 
                target population; and</DELETED>
                <DELETED>    ``(B) an objective relating to the degree 
                to which the program or initiative addresses known risk 
                factors for youth problem behaviors and incorporates 
                activities that inhibit the behaviors and that build on 
                protective factors for youth.</DELETED>
        <DELETED>    ``(7) State.--The term `State' means any State of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Trust Territory of the Pacific Islands, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.</DELETED>
        <DELETED>    ``(8) State office.--The term `State office' means 
        an office designated by the chief executive officer of a State 
        to carry out this title, as provided in section 507 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3757).</DELETED>
        <DELETED>    ``(9) Treatment.--The term `treatment' includes 
        medical and other rehabilitative services designed to protect 
        the public, including any services designed to benefit addicts 
        and other users by--</DELETED>
                <DELETED>    ``(A) eliminating their dependence on 
                alcohol or other addictive or nonaddictive drugs; 
                or</DELETED>
                <DELETED>    ``(B) controlling their dependence and 
                susceptibility to addiction or use.</DELETED>
        <DELETED>    ``(10) Youth.--The term `youth' means an 
        individual who is not less than 6 years of age and not more 
        than 17 years of age.''.</DELETED>

<DELETED>SEC. 302. YOUTH CRIME CONTROL AND ACCOUNTABILITY BLOCK 
              GRANTS.</DELETED>

<DELETED>    (a) Office of Juvenile Crime Control and Accountability.--
Section 201 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``Office of 
        Juvenile Justice and Delinquency Prevention'' and inserting 
        ``Office of Juvenile Crime Control and Accountability''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Delegation and Assignment.--</DELETED>
        <DELETED>    ``(1) In general.--Except as otherwise expressly 
        prohibited by law or otherwise provided by this title, the 
        Administrator may--</DELETED>
                <DELETED>    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of 
                this Act, to such officers and employees of the Office 
                as the Administrator may designate; and</DELETED>
                <DELETED>    ``(B) authorize successive redelegations 
                of such functions as may be necessary or 
                appropriate.</DELETED>
        <DELETED>    ``(2) Responsibility.--No delegation of functions 
        by the Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such 
        functions.</DELETED>
<DELETED>    ``(e) Reorganization.--The Administrator may allocate or 
reallocate any function transferred among the officers of the Office, 
and establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or 
appropriate.''.</DELETED>
<DELETED>    (b) National Program.--Section 204 of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to 
read as follows:</DELETED>

<DELETED>``SEC. 204. NATIONAL PROGRAM.</DELETED>

<DELETED>    ``(a) National Juvenile Crime Control and Juvenile 
Offender Accountability Plan.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, and 
        shall implement overall policy and a strategy to carry out such 
        plan, for all Federal juvenile crime control and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control and the enhancement of 
        accountability by offenders within the juvenile justice system 
        in the United States.</DELETED>
        <DELETED>    ``(2) Contents of plans.--</DELETED>
                <DELETED>    ``(A) In general.--Each plan described in 
                paragraph (1) shall--</DELETED>
                        <DELETED>    ``(i) contain specific, measurable 
                        goals and criteria for reducing the incidence 
                        of crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this 
                        title;</DELETED>
                        <DELETED>    ``(ii) provide for coordinating 
                        the administration of programs and activities 
                        under this title with the administration of all 
                        other Federal juvenile crime control and 
                        juvenile offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the 
                        Administrator;</DELETED>
                        <DELETED>    ``(iii) provide a detailed summary 
                        and analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, and the trends demonstrated by 
                        such data.</DELETED>
                        <DELETED>    ``(iv) provide a description of 
                        the activities for which amounts are expended 
                        under this title;</DELETED>
                        <DELETED>    ``(v) provide specific information 
                        relating to the attainment of goals set forth 
                        in the plan, including specific, measurable 
                        standards for assessing progress toward 
                        national juvenile crime reduction and juvenile 
                        offender accountability goals; and</DELETED>
                        <DELETED>    ``(vi) provide for the 
                        coordination of Federal, State, and local 
                        initiatives for the reduction of youth crime 
                        and ensuring accountability for juvenile 
                        offenders.</DELETED>
                <DELETED>    ``(B) Summary and analysis.--Each summary 
                and analysis under subparagraph (A)(iii) shall set out 
                the information required by clauses (i), (ii), and 
                (iii) of this subparagraph separately for juvenile 
                nonoffenders, juvenile status offenders, and other 
                juvenile offenders. Such summary and analysis shall 
                separately address with respect to each category of 
                juveniles specified in the preceding sentence--
                </DELETED>
                        <DELETED>    ``(i) the types of offenses with 
                        which the juveniles are charged;</DELETED>
                        <DELETED>    ``(ii) the ages of the 
                        juveniles;</DELETED>
                        <DELETED>    ``(iii) the types of facilities 
                        used to hold the juveniles (including juveniles 
                        treated as adults for purposes of prosecution) 
                        in custody, including secure detention 
                        facilities, secure correctional facilities, 
                        jails, and lockups; and</DELETED>
                        <DELETED>    ``(iv) the number of juveniles who 
                        died while in custody and the circumstances 
                        under which each juvenile died.</DELETED>
        <DELETED>    ``(3) Annual review.--The Administrator shall 
        annually--</DELETED>
                <DELETED>    ``(A) review each plan submitted under 
                this subsection;</DELETED>
                <DELETED>    ``(B) revise the plans, as the 
                Administrator considers appropriate; and</DELETED>
                <DELETED>    ``(C) not later than March 1 of each year, 
                present the plans to the Committees on the Judiciary of 
                the Senate and the House of Representatives.</DELETED>
<DELETED>    ``(b) Duties of Administrator.--In carrying out this 
title, the Administrator shall--</DELETED>
        <DELETED>    ``(1) advise the President through the Attorney 
        General as to all matters relating to federally assisted 
        juvenile crime control and juvenile offender accountability 
        programs, and Federal policies regarding juvenile crime and 
        justice, including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;</DELETED>
        <DELETED>    ``(2) implement and coordinate Federal juvenile 
        crime control and juvenile offender accountability programs and 
        activities among Federal departments and agencies and between 
        such programs and activities and other Federal programs and 
        activities that the Administrator determines may have an 
        important bearing on the success of the entire national 
        juvenile crime control and juvenile offender accountability 
        effort;</DELETED>
        <DELETED>    ``(3) provide for the auditing of grants provided 
        pursuant to this title;</DELETED>
        <DELETED>    ``(4) collect, prepare, and disseminate useful 
        data regarding the prevention, correction, and control of 
        juvenile crime and delinquency, and issue, not less frequently 
        than once each calendar year, a report on successful programs 
        and juvenile crime reduction methods utilized by States, 
        localities, and private entities;</DELETED>
        <DELETED>    ``(5) ensure the performance of comprehensive 
        rigorous independent scientific evaluations, each of which 
        shall--</DELETED>
                <DELETED>    ``(A) be independent in nature, and shall 
                employ rigorous and scientifically valid standards and 
                methodologies; and</DELETED>
                <DELETED>    ``(B) include measures of outcome and 
                process objectives, such as reductions in juvenile 
                crime, youth gang activity, youth substance abuse, and 
                other high risk factors, as well as increases in 
                protective factors that reduce the likelihood of 
                delinquency and criminal behavior;</DELETED>
        <DELETED>    ``(6) involve consultation with appropriate 
        authorities in the States and with appropriate private entities 
        in the development, review, and revision of the plans required 
        by subsection (a) and in the development of policies relating 
        to juveniles prosecuted or adjudicated in the Federal courts; 
        and</DELETED>
        <DELETED>    ``(7) provide technical assistance to the States, 
        units of local government, and private entities in implementing 
        programs funded by grants under this title.</DELETED>
<DELETED>    ``(c) National Juvenile Crime Control and Juvenile 
Offender Accountability Budget.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall--
        </DELETED>
                <DELETED>    ``(A) develop for each fiscal year, with 
                the advice of the program managers of departments and 
                agencies with responsibilities for any Federal juvenile 
                crime control or juvenile offender accountability 
                program, a consolidated National Juvenile Crime Control 
                and Juvenile Offender Accountability Plan budget 
                proposal to implement the National Juvenile Crime 
                Control and Juvenile Offender Accountability Plan; 
                and</DELETED>
                <DELETED>    ``(B) transmit such budget proposal to the 
                President and to Congress.</DELETED>
        <DELETED>    ``(2) Submission of juvenile offender 
        accountability budget request.--</DELETED>
                <DELETED>    ``(A) In general.--Each Federal Government 
                program manager, agency head, and department head with 
                responsibility for any Federal juvenile crime control 
                or juvenile offender accountability program shall 
                submit the juvenile crime control and juvenile offender 
                accountability budget request of the program, agency, 
                or department to the Administrator at the same time as 
                such request is submitted to their superiors (and 
                before submission to the Office of Management and 
                Budget) in the preparation of the budget of the 
                President submitted to Congress under section 1105(a) 
                of title 31, United States Code.</DELETED>
                <DELETED>    ``(B) Timely development and submission.--
                The head of each department or agency with 
                responsibility for a Federal juvenile crime control or 
                juvenile offender accountability program shall ensure 
                timely development and submission to the Administrator 
                of juvenile crime control and juvenile offender 
                accountability budget requests transmitted pursuant to 
                this subsection, in such format as may be designated by 
                the Administrator with the concurrence of the 
                Administrator of the Office of Management and 
                Budget.</DELETED>
        <DELETED>    ``(3) Review and certification.--The Administrator 
        shall--</DELETED>
                <DELETED>    ``(A) review each juvenile crime control 
                and juvenile offender accountability budget request 
                transmitted to the Administrator under paragraph 
                (2);</DELETED>
                <DELETED>    ``(B) certify in writing as to the 
                adequacy of such request in whole or in part to 
                implement the objectives of the National Juvenile Crime 
                Control and Juvenile Offender Accountability Plan for 
                the year for which the request is submitted and, with 
                respect to a request that is not certified as adequate 
                to implement the objectives of the National Juvenile 
                Crime Control and Juvenile Offender Accountability 
                Plan, include in the certification an initiative or 
                funding level that would make the request adequate; 
                and</DELETED>
                <DELETED>    ``(C) notify the program manager, agency 
                head, or department head, as applicable, regarding the 
                certification of the Administrator under subparagraph 
                (B).</DELETED>
        <DELETED>    ``(4) Recordkeeping requirement.--The 
        Administrator shall maintain records regarding certifications 
        under paragraph (3)(B).</DELETED>
        <DELETED>    ``(5) Funding requests.--The Administrator shall 
        request the head of a department or agency to include in the 
        budget submission of the department or agency to the Office of 
        Management and Budget, funding requests for specific 
        initiatives that are consistent with the priorities of the 
        President for the National Juvenile Crime Control and Juvenile 
        Offender Accountability Plan and certifications made pursuant 
        to paragraph (3), and the head of the department or agency 
        shall comply with such a request.</DELETED>
        <DELETED>    ``(6) Reprogramming and transfer requests.--
        </DELETED>
                <DELETED>    ``(A) In general.--No department or agency 
                with responsibility for a Federal juvenile crime 
                control or juvenile offender accountability program 
                shall submit to Congress a reprogramming or transfer 
                request with respect to any amount of appropriated 
                amounts greater than $5,000,000 that is included in the 
                National Juvenile Crime Control and Juvenile Offender 
                Accountability Plan budget unless such request has been 
                approved by the Administrator.</DELETED>
                <DELETED>    ``(B) Appeal to president.--The head of 
                any department or agency with responsibility for a 
                Federal juvenile crime control or juvenile offender 
                accountability program may appeal to the President any 
                disapproval by the Administrator of a reprogramming or 
                transfer request.</DELETED>
        <DELETED>    ``(7) Quarterly reports.--The Administrator shall 
        report to Congress on a quarterly basis regarding the need for 
        any reprogramming or transfer of appropriated amounts for 
        National Juvenile Crime Control and Juvenile Offender 
        Accountability Plan activities.</DELETED>
<DELETED>    ``(d) Information, Reports, Studies, and Surveys From 
Other Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any activity 
involving any Federal juvenile crime control and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.</DELETED>
<DELETED>    ``(e) Utilization of Services and Facilities of Other 
Agencies; Reimbursement.--The Administrator may utilize the services 
and facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agreements, 
and to pay for such services either in advance or by way of 
reimbursement as may be agreed upon.</DELETED>
<DELETED>    ``(f) Coordination of Functions of Administrator and 
Secretary of Health and Human Services.--All functions of the 
Administrator under title shall be coordinated as appropriate with the 
functions of the Secretary of Health and Human Services under title 
III.</DELETED>
<DELETED>    ``(g) Annual Juvenile Delinquency Development 
Statements.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall require 
        through appropriate authority each Federal agency that 
        administers a Federal juvenile crime control and juvenile 
        offender accountability program to submit annually to the 
        Office a juvenile crime control and juvenile offender 
        accountability development statement. Such statement shall be 
        in addition to any information, report, study, or survey that 
        the Administrator may require under subsection (d).</DELETED>
        <DELETED>    ``(2) Contents.--Each development statement 
        submitted to the Administrator under paragraph (1) shall 
        contain such information, data, and analyses as the 
        Administrator may require. Such analyses shall include an 
        analysis of the extent to which the program of the Federal 
        agency submitting such development statement conforms with and 
        furthers Federal juvenile crime control and juvenile offender 
        accountability prevention and treatment goals and 
        policies.</DELETED>
        <DELETED>    ``(3) Review and comment.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                review and comment upon each juvenile crime control and 
                juvenile offender accountability development statement 
                transmitted to the Administrator under paragraph 
                (1).</DELETED>
                <DELETED>    ``(B) Inclusion in other documentation.--
                Such development statement, together with the comments 
                of the Administrator, shall be included by the Federal 
                agency involved in every recommendation or request made 
                by such agency for Federal legislation that 
                significantly affects juvenile crime control and 
                juvenile offender accountability.</DELETED>
<DELETED>    ``(h) Juvenile Crime Control and Juvenile Offender 
Accountability Incentive Block Grants.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall make, 
        subject to the availability of appropriations, grants to States 
        to assist them in planning, establishing, operating, 
        coordinating, and evaluating projects, directly or through 
        grants and contracts with public and private agencies, for the 
        development of more effective investigation, prosecution, and 
        punishment (including the imposition of graduated sanctions) of 
        crimes or acts of delinquency committed by juveniles, programs 
        to improve the administration of justice for and ensure 
        accountability by juvenile offenders, and programs to reduce 
        the risk factors (such as truancy, drug or alcohol use, and 
        gang involvement) associated with juvenile crime or 
        delinquency.</DELETED>
        <DELETED>    ``(2) Use of grants.--Grants under this title may 
        be used--</DELETED>
                <DELETED>    ``(A) for programs to enhance the 
                identification, investigation, prosecution, and 
                punishment of juvenile offenders, such as--</DELETED>
                        <DELETED>    ``(i) the utilization of graduated 
                        sanctions;</DELETED>
                        <DELETED>    ``(ii) the utilization of short-
                        term confinement of juveniles who are charged 
                        with or who are convicted of--</DELETED>
                                <DELETED>    ``(I) a crime of violence 
                                (as that term is defined in section 16 
                                of title 18, United States 
                                Code);</DELETED>
                                <DELETED>    ``(II) an offense 
                                involving a controlled substance (as 
                                that term is defined in section 102 of 
                                the Controlled Substances Act (21 
                                U.S.C. 802);</DELETED>
                                <DELETED>    ``(III) an offense 
                                involving possession of a firearm (as 
                                that term is defined in section 921(a) 
                                of title 18, United States Code); 
                                or</DELETED>
                                <DELETED>    ``(IV) an offense 
                                involving possession of a destructive 
                                device (as that term is defined in 
                                section 921(a) of title 18, United 
                                States Code); and</DELETED>
                        <DELETED>    ``(iii) the incarceration of 
                        violent juvenile offenders for extended periods 
                        of time (including up to the length of adult 
                        sentences);</DELETED>
                <DELETED>    ``(B) for programs that provide 
                restitution to the victims of crimes committed by 
                juveniles;</DELETED>
                <DELETED>    ``(C) for programs that require juvenile 
                offenders to attend and successfully complete school or 
                vocational training;</DELETED>
                <DELETED>    ``(D) for programs that require juvenile 
                offenders who are parents to demonstrate parental 
                responsibility by working and paying child 
                support;</DELETED>
                <DELETED>    ``(E) for programs that seek to curb or 
                punish truancy;</DELETED>
                <DELETED>    ``(F) for programs designed to collect, 
                record, and disseminate information useful in the 
                identification, prosecution, and sentencing of 
                offenders, such as criminal history information, 
                fingerprints, and DNA tests;</DELETED>
                <DELETED>    ``(G) for programs that provide that, 
                whenever a juvenile who is not less than 14 years of 
                age is adjudicated delinquent, as defined by Federal or 
                State law in a juvenile delinquency proceeding for 
                conduct that, if committed by an adult, would 
                constitute a felony under Federal or State law, the 
                State shall ensure that a record is kept relating to 
                the adjudication that is--</DELETED>
                        <DELETED>    ``(i) equivalent to the record 
                        that would be kept of an adult conviction for 
                        such an offense;</DELETED>
                        <DELETED>    ``(ii) retained for a period of 
                        time that is equal to the period of time that 
                        records are kept for adult 
                        convictions;</DELETED>
                        <DELETED>    ``(iii) made available to law 
                        enforcement agencies of any jurisdiction; 
                        and</DELETED>
                        <DELETED>    ``(iv) made available to officials 
                        of a school, school district, or postsecondary 
                        school where the individual who is the subject 
                        of the juvenile record seeks, intends, or is 
                        instructed to enroll, and that such officials 
                        are held liable to the same standards and 
                        penalties that law enforcement and juvenile 
                        justice system employees are held liable to, 
                        under Federal and State law, for handling and 
                        disclosing such information;</DELETED>
                <DELETED>    ``(H) for juvenile crime control and 
                prevention programs (such as curfews, youth 
                organizations, antidrug programs, antigang programs, 
                and after school activities) that include a rigorous, 
                comprehensive evaluation component that measures the 
                decrease in risk factors associated with the juvenile 
                crime and delinquency and employs scientifically valid 
                standards and methodologies;</DELETED>
                <DELETED>    ``(I) for the development and 
                implementation of coordinated multijurisdictional or 
                multiagency programs for the identification, control, 
                supervision, prevention, investigation, and treatment 
                of the most serious juvenile offenses and offenders, 
                sometimes known as a `SHOCAP Program' (Serious Habitual 
                Offenders Comprehensive Action Program); or</DELETED>
                <DELETED>    ``(J) for the development and 
                implementation of coordinated multijurisdictional or 
                multiagency programs for the identification, control, 
                supervision, prevention, investigation, and disruption 
                of youth gangs.</DELETED>
        <DELETED>    ``(3) Requirements.--To be eligible to receive a 
        grant under this title, a State shall make reasonable efforts, 
        as certified by the Governor, to ensure that, not later than 
        July 1, 2000--</DELETED>
                <DELETED>    ``(A) juveniles age 14 and older can be 
                prosecuted under State law as adults, as a matter of 
                law or prosecutorial discretion for a crime of violence 
                (as that term is defined in section 16 of title 18, 
                United States Code) such as murder or armed robbery, an 
                offense involving a controlled substance (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)), or the unlawful possession of a firearm (as that 
                term is defined in section 921(a) of title 18, United 
                States Code) or a destructive device (as that term is 
                defined in section 921(a) of title 18, United States 
                Code);</DELETED>
                <DELETED>    ``(B) the State has in place a system of 
                graduated sanctions for juvenile offenders;</DELETED>
                <DELETED>    ``(C) the State has in place a juvenile 
                court system that treats juvenile offenders uniformly 
                throughout the State;</DELETED>
                <DELETED>    ``(D) the State collects, records, and 
                disseminates information useful in the identification, 
                prosecution, and sentencing of offenders, such as 
                criminal history information, fingerprints, and DNA 
                tests (if taken), to other Federal, State, and local 
                law enforcement agencies;</DELETED>
                <DELETED>    ``(E) the State ensures that religious 
                organizations can participate in rehabilitative 
                programs designed to purposes authorized by this title; 
                and</DELETED>
                <DELETED>    ``(F) the State shall not detain or 
                confine juveniles who are alleged to be or determined 
                to be delinquent in any institution in which the 
                juvenile has regular sustained physical contact with 
                adult persons who are detained or confined.</DELETED>
<DELETED>    ``(i) Distribution by State Offices to Eligible 
Applicants.--</DELETED>
        <DELETED>    ``(1) In general.--Of amounts made available to 
        the State, not more than 20 percent shall be used for programs 
        pursuant to paragraph (2)(ii).</DELETED>
        <DELETED>    ``(2) Eligible applicants.--Entities eligible to 
        receive amounts distributed by the State office under this 
        title are--</DELETED>
                <DELETED>    ``(A) a unit of local 
                government;</DELETED>
                <DELETED>    ``(B) local police or sheriff's 
                departments;</DELETED>
                <DELETED>    ``(C) State or local prosecutor's 
                offices;</DELETED>
                <DELETED>    ``(D) State or local courts responsible 
                for the administration of justice in cases involving 
                juvenile offenders;</DELETED>
                <DELETED>    ``(E) schools;</DELETED>
                <DELETED>    ``(F) nonprofit, educational, religious, 
                or community groups active in crime prevention or drug 
                use prevention and treatment; or</DELETED>
                <DELETED>    ``(G) any combination of the entities 
                described in subparagraphs (A) through (F).</DELETED>
<DELETED>    ``(j) Application to State Office.--</DELETED>
        <DELETED>    ``(1) In general.--To be eligible to receive 
        amounts from the State office, the applicant shall prepare and 
        submit to the State office an application in written form 
        that--</DELETED>
                <DELETED>    ``(A) describes the types of activities 
                and services for which the amount will be 
                provided;</DELETED>
                <DELETED>    ``(B) includes information indicating the 
                extent to which the activities and services achieve the 
                purposes of the title;</DELETED>
                <DELETED>    ``(C) provide for the evaluation component 
                required by subsection (b)(2), which evaluation shall 
                be conducted by an independent entity; and</DELETED>
                <DELETED>    ``(D) provides any other information that 
                the State office may require.</DELETED>
        <DELETED>    ``(2) Priority.--In approving applications under 
        this subsection, the State office should give priority to those 
        applicants demonstrating coordination with, consolidation of, 
        or expansion of existing State or local juvenile crime control 
        and juvenile offender accountability programs.</DELETED>
<DELETED>    ``(k) Funding Period.--The State office may award such a 
grant for a period of not more than 3 years.</DELETED>
<DELETED>    ``(l) Renewal of Grants.--The State office may renew 
grants made under this title. After the initial grant period, in 
determining whether to renew a grant to an entity to carry out 
activities, the State office shall give substantial weight to the 
effectiveness of the activities in achieving reductions in crimes 
committed by juveniles and in improving the administration of justice 
to juvenile offenders.</DELETED>
<DELETED>    ``(m) Special Grants.--Of amounts made available under 
this title in any fiscal year, the Administrator may use--</DELETED>
        <DELETED>    ``(1) not more than 7 percent for grants for 
        research and evaluation;</DELETED>
        <DELETED>    ``(2) not more than 3 percent for grants to Indian 
        tribes for purposes authorized by this title; and</DELETED>
        <DELETED>    ``(3) not more than 5 percent for salaries and 
        expenses of the Office related to administering this 
        title.''.</DELETED>
<DELETED>    (c) Repeals; Administrative Provisions.--Title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 
et seq.) is amended--</DELETED>
        <DELETED>    (1) by striking sections 206 and 207 and inserting 
        the following:</DELETED>

<DELETED>``SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF 
              APPROPRIATIONS.--</DELETED>

<DELETED>    ``(a) Allocation of Grant Amounts.--</DELETED>
        <DELETED>    ``(1) In general.--Amounts made available under 
        section 204(h) or part B shall be allocated to the States as 
        follows:</DELETED>
                <DELETED>    ``(A) 0.25 percent shall be allocated to 
                each State; and</DELETED>
                <DELETED>    ``(B) of the total amount remaining after 
                the allocation under subparagraph (A), there shall be 
                allocated to each State an amount that bears the same 
                ratio to the amount of remaining funds described in 
                this paragraph as the juvenile population of such State 
                bears to the juvenile population of all the 
                States.</DELETED>
        <DELETED>    ``(2) Exceptions.--The amount allocated to the 
        Virgin Islands of the United States, Guam, American Samoa, the 
        Trust Territory of the Pacific Islands, and the Commonwealth of 
        the Northern Mariana Islands shall be not less than $75,000 and 
        not more than $100,000.</DELETED>
        <DELETED>    ``(3) Reallocation prohibited.--Any amounts 
        appropriated but not allocated due to the ineligibility or 
        nonparticipation of any State shall not be reallocated, but 
        shall revert to the Treasury at the end of the fiscal year for 
        which they were appropriated.</DELETED>
        <DELETED>    ``(4) Restrictions on the use of amounts.--
        </DELETED>
                <DELETED>    ``(A) Experimentation on individuals.--
                </DELETED>
                        <DELETED>    ``(i) In general.--No amounts made 
                        available to carry out this title may be used 
                        for any biomedical or behavior control 
                        experimentation on individuals or any research 
                        involving such experimentation.</DELETED>
                        <DELETED>    ``(ii) Definition of `behavior 
                        control'.--In this subparagraph, the term 
                        `behavior control'--</DELETED>
                                <DELETED>    ``(I) means any 
                                experimentation or research employing 
                                methods that--</DELETED>
                                        <DELETED>    ``(aa) involve a 
                                        substantial risk of physical or 
                                        psychological harm to the 
                                        individual subject; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) are 
                                        intended to modify or alter 
                                        criminal and other antisocial 
                                        behavior, including aversive 
                                        conditioning therapy, drug 
                                        therapy, chemotherapy (except 
                                        as part of routine clinical 
                                        care), physical therapy of 
                                        mental disorders, 
                                        electroconvulsive therapy, or 
                                        physical punishment; 
                                        and</DELETED>
                                <DELETED>    ``(II) does not include a 
                                limited class of programs generally 
                                recognized as involving no such risk, 
                                including methadone maintenance and 
                                certain alcohol treatment programs, 
                                psychological counseling, parent 
                                training, behavior contracting, 
                                survival skills training, restitution, 
                                or community service, if safeguards are 
                                established for the informed consent of 
                                subjects (including parents or 
                                guardians of minors).</DELETED>
                <DELETED>    ``(B) Prohibition against use of amounts 
                in construction.--No amount made available to any 
                public or private agency, or institution or to any 
                individual under this title (either directly or through 
                a State office) may be used for construction, except 
                for minor renovations or additions to an existing 
                structure.</DELETED>
                <DELETED>    ``(C) Job training.--No amount made 
                available under this title may be used to carry out a 
                youth employment program to provide subsidized 
                employment opportunities, job training activities, or 
                school-to-work activities for participants.</DELETED>
                <DELETED>    ``(D) Lobbying.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in clause (ii), no amount made 
                        available under this title to any public or 
                        private agency, organization, or institution or 
                        to any individual shall be used to pay for any 
                        personal service, advertisement, telegram, 
                        telephone communication, letter, printed or 
                        written matter, or other device intended or 
                        designed to influence a Member of Congress or 
                        any other Federal, State, or local elected 
                        official to favor or oppose any Act, bill, 
                        resolution, or other legislation, or any 
                        referendum, initiative, constitutional 
                        amendment, or any other procedure of Congress, 
                        any State legislature, any local council, or 
                        any similar governing body.</DELETED>
                        <DELETED>    ``(ii) Exception.--This 
                        subparagraph does not preclude the use of 
                        amounts made available under this title in 
                        connection with communications to Federal, 
                        State, or local elected officials, upon the 
                        request of such officials through proper 
                        official channels, pertaining to authorization, 
                        appropriation, or oversight measures directly 
                        affecting the operation of the program 
                        involved.</DELETED>
                <DELETED>    ``(E) Legal action.--No amounts made 
                available under this title to any public or private 
                agency, organization, institution, or to any 
                individual, shall be used in any way directly or 
                indirectly to file an action or otherwise take any 
                legal action against any Federal, State, or local 
                agency, institution, or employee.</DELETED>
                <DELETED>    ``(F) Religious organizations.--</DELETED>
                        <DELETED>    ``(i) In general.--The purpose of 
                        this subparagraph is to allow State and local 
                        governments to contract with religious 
                        organizations, or to allow religious 
                        organizations to accept certificates, vouchers, 
                        or other forms of disbursement under any 
                        program described in this title, on the same 
                        basis as any other nongovernmental provider 
                        without impairing the religious character of 
                        such organizations, and without diminishing the 
                        religious freedom of beneficiaries of 
                        assistance funded under such program.</DELETED>
                        <DELETED>    ``(ii) Nondiscrimination against 
                        religious organizations.--A State or local 
                        government exercising its authority to 
                        distribute grants to applicants under this 
                        title shall ensure that religious organizations 
                        are eligible, on the same basis as any other 
                        private organization, as contractors to provide 
                        assistance, or to accept certificates, 
                        vouchers, or other forms of disbursement, under 
                        any program described in this title, so long as 
                        the programs are implemented consistent with 
                        the Establishment Clause of the United States 
                        Constitution. Except as provided in clause (x), 
                        neither the Federal Government nor a State 
                        receiving funds under such programs shall 
                        discriminate against an organization which is 
                        or applies to be a contractor to provide 
                        assistance, or which is or applies to be a 
                        contractor to provide assistance, or which 
                        accepts certificates, vouchers, or other forms 
                        of disbursement, on the basis that the 
                        organization has a religious 
                        character.</DELETED>
                        <DELETED>    ``(iii) Religious character and 
                        freedom.--</DELETED>
                                <DELETED>    ``(I) Religious 
                                organizations.--A religious 
                                organization that participates in a 
                                program authorized by this title shall 
                                retain its independence from Federal, 
                                State, and local governments, including 
                                such organization's control over the 
                                definition, development, practice, and 
                                expression of its religious 
                                beliefs.</DELETED>
                                <DELETED>    ``(II) Additional 
                                safeguards.--Neither the Federal 
                                Government nor a State shall require a 
                                religious organization to--</DELETED>
                                        <DELETED>    ``(aa) alter its 
                                        form of internal governance; 
                                        or</DELETED>
                                        <DELETED>    ``(bb) remove 
                                        religious art, icons, 
                                        scripture, or other 
                                        symbols;</DELETED>
                                <DELETED>in order to be eligible to 
                                contract to provide assistance, or to 
                                accept certificates, vouchers, or other 
                                forms of disbursements, funded under a 
                                program described in this 
                                title.</DELETED>
                        <DELETED>    ``(iv) Rights of beneficiaries of 
                        assistance.--If juvenile offender has an 
                        objection to the religious character of the 
                        organization or institution from which the 
                        juvenile offender receives, or would receive, 
                        assistance funded under any program described 
                        in this title, the State in which the 
                        individual resides shall provide such 
                        individual (if otherwise eligible for such 
                        assistance) within a reasonable period of time 
                        after the date of such objection with 
                        assistance from an alternative 
                        provider.</DELETED>
                        <DELETED>    ``(v) Employment practices.--A 
                        religious organization's exemption provided 
                        under section 702 of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e-1a) regarding employment 
                        practices shall not be affected by its 
                        participation in, or receipt of funds from, 
                        programs described in this title.</DELETED>
                        <DELETED>    ``(vi) Nondiscrimination against 
                        beneficiaries.--Except as otherwise provided in 
                        law, a religious organization shall not 
                        discriminate against an individual in regard to 
                        rendering assistance funded under any program 
                        described in this title on the basis of 
                        religion, a religious belief, or refusal to 
                        actively participate in a religious 
                        practice.</DELETED>
                        <DELETED>    ``(vii) Fiscal accountability.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (II), any religious 
                                organization contracting to provide 
                                assistance funded under any program 
                                described in clause (i)(II) shall be 
                                subject to the same regulations as 
                                other contractors to account in accord 
                                with generally accepted auditing 
                                principles for the use of such funds 
                                provided under such programs.</DELETED>
                                <DELETED>    ``(II) Limited audit.--If 
                                such organization segregates Federal 
                                funds provided under such programs into 
                                separate accounts, then only the 
                                financial assistance provided with such 
                                funds shall be subject to 
                                audit.</DELETED>
                        <DELETED>    ``(viii) Compliance.--Any party 
                        which seeks to enforce its rights under this 
                        subparagraph may assert a civil action for 
                        injunctive relief exclusively in an appropriate 
                        State court against the entity or agency that 
                        allegedly commits such violation.</DELETED>
                        <DELETED>    ``(ix) Limitations on use of funds 
                        for certain purposes.--No funds provided 
                        directly to institutions or organizations to 
                        provide services and administer programs under 
                        this title shall be expended for sectarian 
                        worship, instruction, or 
                        proselytization.</DELETED>
                        <DELETED>    ``(x) Preemption.--Nothing in this 
                        subparagraph shall be construed to preempt any 
                        provision of a State constitution or State 
                        statute that prohibits or restricts the 
                        expenditure of State funds in or by religious 
                        organizations.</DELETED>
        <DELETED>    ``(5) Penalties.--</DELETED>
                <DELETED>    ``(A) In general.--If any amounts are used 
                for the purposes prohibited in either subparagraph (D) 
                or (E) of paragraph (4)--</DELETED>
                        <DELETED>    ``(i) all funding for the agency, 
                        organization, institution, or individual at 
                        issue shall be immediately discontinued; 
                        and</DELETED>
                        <DELETED>    ``(ii) the agency, organization, 
                        institution, or individual using amounts for 
                        the purpose prohibited in subparagraph (D) or 
                        (E) of paragraph (4) shall be liable for 
                        reimbursement of all amounts granted to the 
                        individual or entity for the fiscal year for 
                        which the amounts were granted.</DELETED>
                <DELETED>    ``(B) Liability for expenses and 
                damages.--In relation to a violation of paragraph 
                (4)(E), the individual filing the lawsuit or 
                responsible for taking the legal action against the 
                Federal, State, or local agency or institution, or 
                individual working for the Government, shall be 
                individually liable for all legal expenses and any 
                other expenses of the government agency, institution, 
                or individual working for the Government, including 
                damages assessed by the jury against the Government 
                agency, institution, or individual working for the 
                government, and any punitive damages.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to carry out this title--</DELETED>
                <DELETED>    ``(A) $650,000,000 for fiscal year 
                1998;</DELETED>
                <DELETED>    ``(B) $650,000,000 for fiscal year 
                1999;</DELETED>
                <DELETED>    ``(C) $650,000,000 for fiscal year 
                2000;</DELETED>
                <DELETED>    ``(D) $650,000,000 for fiscal year 2001; 
                and</DELETED>
                <DELETED>    ``(E) $650,000,000 for fiscal year 
                2002.</DELETED>
        <DELETED>    ``(2) Allocation of appropriations.--Of amounts 
        authorized to be appropriated under paragraph (1) in each 
        fiscal year--</DELETED>
                <DELETED>    ``(A) $500,000,000 shall be for programs 
                under section 204(h); and</DELETED>
                <DELETED>    ``(B) $150,000,000 shall be for programs 
                under part B.</DELETED>
        <DELETED>    ``(3) Availability of funds.--Amounts made 
        available pursuant to this subsection, and allocated pursuant 
        to paragraph (1) in any fiscal year shall remain available 
        until expended.</DELETED>

<DELETED>``SEC. 207. ADMINISTRATIVE PROVISIONS.</DELETED>

<DELETED>    ``(a) Authority of Administrator.--The Office shall be 
administered by the Administrator under the general authority of the 
Attorney General.</DELETED>
<DELETED>    ``(b) Applicability of Certain Crime Control Provisions.--
Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) 
shall apply with respect to the administration of and compliance with 
this Act, except that for purposes of this Act--</DELETED>
        <DELETED>    ``(1) any reference to the Office of Justice 
        Programs in such sections shall be considered to be a reference 
        to the Assistant Attorney General who heads the Office of 
        Justice Programs; and</DELETED>
        <DELETED>    ``(2) the term `this title' as it appears in such 
        sections shall be considered to be a reference to this 
        Act.</DELETED>
<DELETED>    ``(c) Applicability of Certain Other Crime Control 
Provisions.--Sections 801(a), 801(c), and 806 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 
3787) shall apply with respect to the administration of and compliance 
with this Act, except that, for purposes of this Act--</DELETED>
        <DELETED>    ``(1) any reference to the Attorney General, the 
        Assistant Attorney General who heads the Office of Justice 
        Programs, the Director of the National Institute of Justice, 
        the Director of the Bureau of Justice Statistics, or the 
        Director of the Bureau of Justice Assistance shall be 
        considered to be a reference to the Administrator;</DELETED>
        <DELETED>    ``(2) any reference to the Office of Justice 
        Programs, the Bureau of Justice Assistance, the National 
        Institute of Justice, or the Bureau of Justice Statistics shall 
        be considered to be a reference to the Office of Juvenile 
        Justice and Delinquency Prevention; and</DELETED>
        <DELETED>    ``(3) the term `this title' as it appears in such 
        sections shall be considered to be a reference to this 
        Act.</DELETED>
<DELETED>    ``(d) Rules, Regulations, and Procedures.--The 
Administrator may, after appropriate consultation with representatives 
of States and units of local government, establish such rules, 
regulations, and procedures as are necessary for the exercise of the 
functions of the Office and as are consistent with the purpose of this 
Act.</DELETED>
<DELETED>    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--</DELETED>
        <DELETED>    ``(1) the program or activity for which the grant 
        or contract involved was made has been so changed that the 
        program or activity no longer complies with this title; 
        or</DELETED>
        <DELETED>    ``(2) in the operation of such program or activity 
        there is failure to comply substantially with any provision of 
        this title.'';</DELETED>
        <DELETED>    (2) in part B--</DELETED>
                <DELETED>    (A) in section 221(b)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``section 
                                223'' and inserting ``section 222''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``section 
                                223(c)'' and inserting ``section 
                                222(c)''; and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``section 299(c)(1)'' and inserting ``section 
                        222(a)(1)''; and</DELETED>
                <DELETED>    (B) by striking sections 222 and 223 and 
                inserting the following:</DELETED>

<DELETED>``SEC. 222. STATE PLANS.</DELETED>

<DELETED>    ``(a) In General.--In order to receive formula grants 
under this part, a State shall submit a plan for carrying out its 
purposes applicable to a 3-year period. The State shall submit annual 
performance reports to the Administrator which shall describe progress 
in implementing programs contained in the original plan, and shall 
describe the status of compliance with State plan requirements. In 
accordance with regulations which the Administrator shall prescribe, 
such plan shall--</DELETED>
        <DELETED>    ``(1) designate a State agency as the sole agency 
        for supervising the preparation and administration of the 
        plan;</DELETED>
        <DELETED>    ``(2) contain satisfactory evidence that the State 
        agency designated in accordance with paragraph (1) has or will 
        have authority, by legislation if necessary, to implement such 
        plan in conformity with this part;</DELETED>
        <DELETED>    ``(3) provide for the active consultation with and 
        participation of units of general local government or 
        combinations thereof in the development of a State plan which 
        adequately takes into account the needs and requests of local 
        governments, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;</DELETED>
        <DELETED>    ``(4) provide that the chief executive officer of 
        the unit of general local government shall assign 
        responsibility for the preparation and administration of the 
        local government's part of a State plan, or for the supervision 
        of the preparation and administration of the local government's 
        part of the State plan, to that agency within the local 
        government's structure or to a regional planning agency (in 
        this part referred to as the `local agency') which can most 
        effectively carry out the purposes of this part and shall 
        provide for supervision of the programs funded under this part 
        by that local agency;</DELETED>
        <DELETED>    ``(5)(A) provide for--</DELETED>
                <DELETED>    ``(i) an analysis of juvenile crime 
                problems (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency prevention 
                needs (including educational needs) within the relevant 
                jurisdiction (including any geographical area in which 
                an Indian tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                jurisdiction;</DELETED>
                <DELETED>    ``(ii) an indication of the manner in 
                which the programs relate to other similar State or 
                local programs which are intended to address the same 
                or similar problems; and</DELETED>
                <DELETED>    ``(iii) a plan for the concentration of 
                State efforts which shall coordinate all State juvenile 
                delinquency programs with respect to overall policy and 
                development of objectives and priorities for all State 
                juvenile delinquency programs and activities, including 
                provision for regular meetings of State officials with 
                responsibility in the area of juvenile justice and 
                delinquency prevention;</DELETED>
        <DELETED>    ``(B) contain--</DELETED>
                <DELETED>    ``(i) an analysis of services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas, including the need for such services, the 
                types of such services available in rural areas, and 
                geographically unique barriers to providing such 
                services; and</DELETED>
                <DELETED>    ``(ii) a plan for providing needed 
                services for the prevention and treatment of juvenile 
                delinquency in rural areas; and</DELETED>
        <DELETED>    ``(C) contain--</DELETED>
                <DELETED>    ``(i) an analysis of mental health 
                services available to juveniles in the juvenile justice 
                system (including an assessment of the appropriateness 
                of the particular placements of juveniles in order to 
                receive such services) and of barriers to access to 
                such services; and</DELETED>
                <DELETED>    ``(ii) a plan for providing needed mental 
                health services to juveniles in the juvenile justice 
                system;</DELETED>
        <DELETED>    ``(6) provide for the active consultation with and 
        participation of private agencies in the development and 
        execution of the State plan; and provide for coordination and 
        maximum utilization of existing juvenile delinquency programs 
        and other related programs, such as education, special 
        education, recreation, health, and welfare within the 
        State;</DELETED>
        <DELETED>    ``(7) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;</DELETED>
        <DELETED>    ``(8) provide that not less than 75 percent of the 
        funds made available to the State pursuant to grants under 
        section 221, whether expended directly by the State, by the 
        unit of general local government, or by a combination thereof, 
        or through grants and contracts with public or private 
        nonprofit agencies, shall be used for--</DELETED>
                <DELETED>    ``(A) community-based alternatives 
                (including home-based alternatives) to incarceration 
                and institutionalization, specifically--</DELETED>
                        <DELETED>    ``(i) for youth who can remain at 
                        home with assistance, home probation and 
                        programs providing professional supervised 
                        group activities or individualized mentoring 
                        relationships with adults that involve the 
                        family and provide counseling and other 
                        supportive services;</DELETED>
                        <DELETED>    ``(ii) for youth who need 
                        temporary placement, crisis intervention, 
                        shelter, and after-care; and</DELETED>
                        <DELETED>    ``(iii) for youth who need 
                        residential placement, a continuum of foster 
                        care or group home alternatives that provide 
                        access to a comprehensive array of 
                        services;</DELETED>
                <DELETED>    ``(B) community-based programs and 
                services to work with--</DELETED>
                        <DELETED>    ``(i) parents and other family 
                        members to strengthen families, including 
                        parent self-help groups, so that juveniles may 
                        be retained in their homes;</DELETED>
                        <DELETED>    ``(ii) juveniles during their 
                        incarceration, and with their families, to 
                        ensure the safe return of such juveniles to 
                        their homes and to strengthen the families; 
                        and</DELETED>
                        <DELETED>    ``(iii) parents with limited-
                        English speaking ability, particularly in areas 
                        where there is a large population of families 
                        with limited-English speaking 
                        ability;</DELETED>
                <DELETED>    ``(C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, and private nonprofit 
                agencies offering youth services;</DELETED>
                <DELETED>    ``(D) projects designed to develop and 
                implement programs stressing advocacy activities aimed 
                at improving services for and protecting the rights of 
                youth affected by the juvenile justice 
                system;</DELETED>
                <DELETED>    ``(E) educational programs or supportive 
                services for delinquent or other juveniles, provided 
                equitably regardless of sex, race, or family income, 
                designed to--</DELETED>
                        <DELETED>    ``(i) encourage juveniles to 
                        remain in elementary and secondary schools or 
                        in alternative learning situations, including--
                        </DELETED>
                                <DELETED>    ``(I) education in 
                                settings that promote experiential, 
                                individualized learning and exploration 
                                of academic and career 
                                options;</DELETED>
                                <DELETED>    ``(II) assistance in 
                                making the transition to the world of 
                                work and self-sufficiency;</DELETED>
                                <DELETED>    ``(III) alternatives to 
                                suspension and expulsion; and</DELETED>
                                <DELETED>    ``(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the opportunities 
                                that education provides; and</DELETED>
                        <DELETED>    ``(ii) enhance coordination with 
                        the local schools that such juveniles would 
                        otherwise attend, to ensure that--</DELETED>
                                <DELETED>    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and</DELETED>
                                <DELETED>    ``(II) information 
                                regarding any learning problems 
                                identified in such alternative learning 
                                situations are communicated to the 
                                schools;</DELETED>
                <DELETED>    ``(F) expanded use of home probation and 
                recruitment and training of home probation officers, 
                other professional and paraprofessional personnel, and 
                volunteers to work effectively to allow youth to remain 
                at home with their families as an alternative to 
                incarceration or institutionalization;</DELETED>
                <DELETED>    ``(G) youth-initiated outreach programs 
                designed to assist youth (including youth with limited 
                proficiency in English) who otherwise would not be 
                reached by traditional youth assistance 
                programs;</DELETED>
                <DELETED>    ``(H) programs designed to develop and 
                implement projects relating to juvenile delinquency and 
                learning disabilities, including on-the-job training 
                programs to assist community services, law enforcement, 
                and juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                handicapped youth;</DELETED>
                <DELETED>    ``(I) projects designed both to deter 
                involvement in illegal activities and to promote 
                involvement in lawful activities on the part of gangs 
                whose membership is substantially composed of 
                youth;</DELETED>
                <DELETED>    ``(J) programs and projects designed to 
                provide for the treatment of youths' dependence on or 
                abuse of alcohol or other addictive or nonaddictive 
                drugs;</DELETED>
                <DELETED>    ``(K) law-related education programs (and 
                projects) for delinquent and at-risk youth designed to 
                prevent juvenile delinquency;</DELETED>
                <DELETED>    ``(L) programs for positive youth 
                development that assist delinquent and other at-risk 
                youth in obtaining--</DELETED>
                        <DELETED>    ``(i) a sense of safety and 
                        structure;</DELETED>
                        <DELETED>    ``(ii) a sense of belonging and 
                        membership;</DELETED>
                        <DELETED>    ``(iii) a sense of self-worth and 
                        social contribution;</DELETED>
                        <DELETED>    ``(iv) a sense of independence and 
                        control over one's life;</DELETED>
                        <DELETED>    ``(v) a sense of closeness in 
                        interpersonal relationships; and</DELETED>
                        <DELETED>    ``(vi) a sense of competence and 
                        mastery including health and physical 
                        competence, personal and social competence, 
                        cognitive and creative competence, vocational 
                        competence, and citizenship competence, 
                        including ethics and participation;</DELETED>
                <DELETED>    ``(M) programs that, in recognition of 
                varying degrees of the seriousness of delinquent 
                behavior and the corresponding gradations in the 
                responses of the juvenile justice system in response to 
                that behavior, are designed to--</DELETED>
                        <DELETED>    ``(i) encourage courts to develop 
                        and implement a continuum of post-adjudication 
                        restraints that bridge the gap between 
                        traditional probation and confinement in a 
                        correctional setting (including expanded use of 
                        probation, mediation, restitution, community 
                        service, treatment, home detention, intensive 
                        supervision, electronic monitoring, boot camps 
                        and similar programs, and secure community-
                        based treatment facilities linked to other 
                        support services such as health, mental health, 
                        education (remedial and special), job training, 
                        and recreation); and</DELETED>
                        <DELETED>    ``(ii) assist in the provision by 
                        the Administrator of information and technical 
                        assistance, including technology transfer, to 
                        States in the design and utilization of risk 
                        assessment mechanisms to aid juvenile justice 
                        personnel in determining appropriate sanctions 
                        for delinquent behavior;</DELETED>
                <DELETED>    ``(N) programs designed to prevent and 
                reduce hate crimes committed by juveniles, including 
                educational programs and sentencing programs designed 
                specifically for juveniles who commit hate crimes and 
                that provide alternatives to incarceration; 
                and</DELETED>
                <DELETED>    ``(O) programs (including referral to 
                literacy programs and social service programs) to 
                assist families with limited-English speaking ability 
                that include delinquent juveniles to overcome language 
                and cultural barriers that may prevent the complete 
                treatment of such juveniles and the preservation of 
                their families;</DELETED>
        <DELETED>    ``(9) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;</DELETED>
        <DELETED>    ``(10) provide that the State shall not detain or 
        confine juveniles who are alleged to be or determined to be 
        delinquent in any institution in which the juvenile has regular 
        sustained physical contact with adult persons who are detained 
        or confined;</DELETED>
        <DELETED>    ``(11) provide for an adequate system of 
        monitoring jails, detention facilities, correctional 
        facilities, and nonsecure facilities to ensure that the 
        requirements of paragraph (10) are met, and for annual 
        reporting of the results of such monitoring to the 
        Administrator, except that such reporting requirements shall 
        not apply in the case of a State which is in compliance with 
        the other requirements of this paragraph, which is in 
        compliance with the requirements in paragraph (10), and which 
        has enacted legislation which conforms to such requirements and 
        which contains, in the opinion of the Administrator, sufficient 
        enforcement mechanisms to ensure that such legislation will be 
        administered effectively;</DELETED>
        <DELETED>    ``(12) provide assurance that youth in the 
        juvenile justice system are treated equitably on the basis of 
        gender, race, family income, and mentally, emotionally, or 
        physically handicapping conditions;</DELETED>
        <DELETED>    ``(13) provide assurance that consideration will 
        be given to and that assistance will be available for 
        approaches designed to strengthen the families of delinquent 
        and other youth to prevent juvenile delinquency (which 
        approaches should include the involvement of grandparents or 
        other extended family members when possible and appropriate and 
        the provision of family counseling during the incarceration of 
        juvenile family members and coordination of family services 
        when appropriate and feasible);</DELETED>
        <DELETED>    ``(14) provide for procedures to be established 
        for protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State 
        plan;</DELETED>
        <DELETED>    ``(15) provide for such fiscal control and fund 
        accounting procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;</DELETED>
        <DELETED>    ``(16) provide reasonable assurances that Federal 
        funds made available under this part for any period shall be so 
        used as to supplement and increase (but not supplant) the level 
        of the State, local, and other non-Federal funds that would in 
        the absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds; and</DELETED>
        <DELETED>    ``(17) provide that the State agency designated 
        under paragraph (1) will from time to time, but not less often 
        than annually, review its plan and submit to the Administrator 
        an analysis and evaluation of the effectiveness of the programs 
        and activities carried out under the plan, and any 
        modifications in the plan, including the survey of State and 
        local needs, which it considers necessary.</DELETED>
<DELETED>    ``(b) Approval by State Agency.--The State agency 
designated under subsection (a)(1) shall approve the State plan and any 
modification thereof prior to submission to the 
Administrator.</DELETED>
<DELETED>    ``(c) Approval by Administrator; Compliance With Statutory 
Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall approve 
        any State plan and any modification thereof that meets the 
        requirements of this section.</DELETED>
        <DELETED>    ``(2) Reduced allocations.--If a State fails to 
        comply with any requirement of subsection (a)(10) in any fiscal 
        year beginning after January 1, 1998, the State shall be 
        ineligible to receive any allocation under that section for 
        such fiscal year unless--</DELETED>
                <DELETED>    ``(A) the State agrees to expend all the 
                remaining funds the State receives under this part for 
                that fiscal year only to achieve compliance with such 
                paragraph; or</DELETED>
                <DELETED>    ``(B) the Administrator determines, in the 
                discretion of the Administrator, that the State--
                </DELETED>
                        <DELETED>    ``(i) has achieved substantial 
                        compliance with such paragraph; and</DELETED>
                        <DELETED>    ``(ii) has made, through 
                        appropriate executive or legislative action, an 
                        unequivocal commitment to achieving full 
                        compliance within a reasonable time.''; 
                        and</DELETED>
        <DELETED>    (3) by striking parts C, D, E, F, G, and H, and 
        each part designated as part I.</DELETED>

<DELETED>SEC. 303. RUNAWAY AND HOMELESS YOUTH.</DELETED>

<DELETED>    Section 385 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5751) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``1993 
                and such sums as may be necessary for fiscal years 
                1994, 1995, and 1996'' and inserting ``1998 and such 
                sums as may be necessary for fiscal years 1999, 2000, 
                2001, and 2002''; and</DELETED>
                <DELETED>    (B) by striking paragraph (3) and 
                redesignating paragraphs (4) and (5) as paragraphs (3) 
                and (4), respectively;</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``1993 and such 
        sums as may be necessary for fiscal years 1994, 1995, and 
        1996'' and inserting ``1998 and such sums as may be necessary 
        for fiscal years 1999, 2000, 2001, and 2002''; and</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``1993, 1994, 
        1995, and 1996'' and inserting ``1998, 1999, 2000, 2001, and 
        2002''.</DELETED>

<DELETED>SEC. 304. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Title IV of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 403, by striking paragraph (2) and 
        inserting the following:</DELETED>
        <DELETED>    ``(2) the term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability.'';</DELETED>
        <DELETED>    (2) by striking section 404; and</DELETED>
        <DELETED>    (3) in section 408, by striking ``1993, 1994, 
        1995, and 1996'' and inserting ``1998, 1999, 2000, 2001, and 
        2002''.</DELETED>

<DELETED>SEC. 305. REPEAL.</DELETED>

<DELETED>    Title V of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.</DELETED>

<DELETED>SEC. 306. TRANSFER OF FUNCTIONS AND SAVINGS 
              PROVISIONS.</DELETED>

<DELETED>    (a) Definitions.--In this section, unless otherwise 
provided or indicated by the context--</DELETED>
        <DELETED>    (1) the term ``Administrator of the Office'' means 
        the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention;</DELETED>
        <DELETED>    (2) the term ``Bureau of Justice Assistance'' 
        means the bureau established under section 401 of title I of 
        the Omnibus Crime Control and Safe Streets Act of 
        1968;</DELETED>
        <DELETED>    (3) the term ``Administrator'' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability established by operation of subsection 
        (b);</DELETED>
        <DELETED>    (4) the term ``Federal agency'' has the meaning 
        given the term ``agency'' by section 551(1) of title 5, United 
        States Code;</DELETED>
        <DELETED>    (5) the term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program;</DELETED>
        <DELETED>    (6) the term ``Office of Juvenile Crime Control 
        and Accountability'' means the office established by operation 
        of subsection (b);</DELETED>
        <DELETED>    (7) the term ``Office of Juvenile Justice and 
        Delinquency Prevention'' means the Office of Juvenile Justice 
        and Delinquency Prevention within the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act; and</DELETED>
        <DELETED>    (8) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.</DELETED>
<DELETED>    (b) Transfer of Functions.--There are transferred to the 
Office of Juvenile Crime Control and Accountability all functions that 
the Administrator of the Office exercised before the date of enactment 
of this Act (including all related functions of any officer or employee 
of the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the enactment of this Act, relating to carrying out 
the Juvenile Justice and Delinquency Prevention Act of 1974.</DELETED>
<DELETED>    (c) Transfer and Allocations of Appropriations and 
Personnel.--</DELETED>
        <DELETED>    (1) In general.--Except as otherwise provided in 
        this section and in section 101(a) (relating to Juvenile 
        Justice Programs) of the Omnibus Consolidated Appropriations 
        Act, 1997, the personnel employed in connection with, and the 
        assets, liabilities, contracts, property, records, and 
        unexpended balances of appropriations, authorizations, 
        allocations, and other amounts employed, used, held, arising 
        from, available to, or to be made available in connection with 
        the functions transferred by this section, subject to section 
        1531 of title 31, United States Code, shall be transferred to 
        the Office of Juvenile Crime Control and 
        Accountability.</DELETED>
        <DELETED>    (2) Unexpended amounts.--Any unexpended amounts 
        transferred pursuant to this subsection shall be used only for 
        the purposes for which the amounts were originally authorized 
        and appropriated.</DELETED>
<DELETED>    (d) Incidental Transfers.--</DELETED>
        <DELETED>    (1) In general.--The Director of the Office of 
        Management and Budget, at such time or times as the Director of 
        that Office shall provide, may make such determinations as may 
        be necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.</DELETED>
        <DELETED>    (2) Termination of affairs.--The Director of the 
        Office of Management and Budget shall provide for the 
        termination of the affairs of all entities terminated by this 
        section and for such further measures and dispositions as may 
        be necessary to effectuate the purposes of this 
        section.</DELETED>
<DELETED>    (e) Effect on Personnel.--</DELETED>
        <DELETED>    (1) In general.--Except as otherwise provided by 
        this section, the transfer pursuant to this section of full-
        time personnel (except special Government employees) and part-
        time personnel holding permanent positions shall not cause any 
        such employee to be separated or reduced in grade or 
        compensation for 1 year after the date of transfer of such 
        employee under this section.</DELETED>
        <DELETED>    (2) Executive schedule positions.--Except as 
        otherwise provided in this section, any person who, on the day 
        before the date of enactment of this Act, held a position 
        compensated in accordance with the Executive Schedule 
        prescribed in chapter 53 of title 5, United States Code, and 
        who, without a break in service, is appointed in the Office of 
        Juvenile Crime Control and Accountability to a position having 
        duties comparable to the duties performed immediately preceding 
        such appointment shall continue to be compensated in such new 
        position at not less than the rate provided for such previous 
        position, for the duration of the service of such person in 
        such new position.</DELETED>
        <DELETED>    (3) Transition rule.--</DELETED>
                <DELETED>    (A) In general.--The incumbent 
                Administrator of the Office as of the date immediately 
                preceding the date of enactment of this Act shall 
                continue to serve as Administrator after the enactment 
                of this Act until such time as the incumbent resigns, 
                is relieved of duty by the President, or an 
                Administrator is appointed by the President, by and 
                with the advice and consent of the Senate.</DELETED>
                <DELETED>    (B) Nominee.--Not later than 6 months 
                after the date of enactment of this Act, the President 
                shall submit to the Senate for its consideration the 
                name of the individual nominated to be appointed as the 
                Administrator.</DELETED>
<DELETED>    (f) Savings Provisions.--</DELETED>
        <DELETED>    (1) Continuing effect of legal documents.--All 
        orders, determinations, rules, regulations, permits, 
        agreements, grants, contracts, certificates, licenses, 
        registrations, privileges, and other administrative actions--
        </DELETED>
                <DELETED>    (A) that have been issued, made, granted, 
                or allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and</DELETED>
                <DELETED>    (B) that are in effect at the time this 
                section takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of 
                law.</DELETED>
        <DELETED>    (2) Proceedings not affected.--</DELETED>
                <DELETED>    (A) In general.--This section shall not 
                affect any proceedings, including notices of proposed 
                rulemaking, or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be 
                continued.</DELETED>
                <DELETED>    (B) Orders; appeals; payments.--Orders 
                shall be issued in such proceedings, appeals shall be 
                taken therefrom, and payments shall be made pursuant to 
                such orders, as if this section had not been enacted, 
                and orders issued in any such proceedings shall 
                continue in effect until modified, terminated, 
                superseded, or revoked by a duly authorized official, 
                by a court of competent jurisdiction, or by operation 
                of law.</DELETED>
                <DELETED>    (C) Discontinuance or modification.--
                Nothing in this paragraph shall be construed to 
                prohibit the discontinuance or modification of any such 
                proceeding under the same terms and conditions and to 
                the same extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.</DELETED>
        <DELETED>    (3) Suits not affected.--This section shall not 
        affect suits commenced before the date of enactment of this 
        Act, and in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and with the 
        same effect as if this section had not been enacted.</DELETED>
        <DELETED>    (4) Nonabatement of actions.--No suit, action, or 
        other proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        section.</DELETED>
        <DELETED>    (5) Administrative actions relating to 
        promulgation of regulations.--Any administrative action 
        relating to the preparation or promulgation of a regulation by 
        the Office of Juvenile Justice and Delinquency Prevention 
        relating to a function transferred under this section may be 
        continued, to the extent authorized by this section, by the 
        Office of Juvenile Crime Control and Accountability with the 
        same effect as if this section had not been enacted.</DELETED>
<DELETED>    (g) Transition.--The Administrator may utilize--</DELETED>
        <DELETED>    (1) the services of such officers, employees, and 
        other personnel of the Office of Juvenile Justice and 
        Delinquency Prevention with respect to functions transferred to 
        the Office of Juvenile Crime Control and Accountability by this 
        section; and</DELETED>
        <DELETED>    (2) amounts appropriated to such functions for 
        such period of time as may reasonably be needed to facilitate 
        the orderly implementation of this section.</DELETED>
<DELETED>    (h) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or relating to--</DELETED>
        <DELETED>    (1) the Administrator of the Office of Juvenile 
        Justice and Delinquency Prevention with regard to functions 
        transferred by operation of subsection (b), shall be considered 
        to refer to the Administrator of the Office of Juvenile Crime 
        Control and Accountability; and</DELETED>
        <DELETED>    (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Accountability.</DELETED>
<DELETED>    (i) Technical and Conforming Amendment.--Section 5315 of 
title 5, United States Code, is amended by striking ``Administrator, 
Office of Juvenile Crime Control and Accountability''.</DELETED>

<DELETED>SEC. 307. REPEAL OF UNNECESSARY AND DUPLICATIVE 
              PROGRAMS.</DELETED>

<DELETED>    (a) Violent Crime Control and Law Enforcement Act of 
1994.--</DELETED>
        <DELETED>    (1) Title iii.--Title III of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 13741 et 
        seq.) is amended by striking subtitles A through S, subtitle U, 
        and subtitle X.</DELETED>
        <DELETED>    (2) Title v.--Title V of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 3797 et seq.) is 
        repealed.</DELETED>
        <DELETED>    (3) Title xxvii.--Title XXVII of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 14191 et 
        seq.) is repealed.</DELETED>
<DELETED>    (b) Elementary and Secondary Education Act.--</DELETED>
        <DELETED>    (1) Title iv.--Title IV of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7101) is 
        repealed.</DELETED>
        <DELETED>    (2) Title v.--Part C of title V of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is 
        repealed.</DELETED>
<DELETED>    (c) Public Health Service Act.--Section 517 of the Public 
Health Service Act (42 U.S.C. 290bb-23) is repealed.</DELETED>
<DELETED>    (d) Human Services Reauthorization Act.--Section 408 of 
the Human Services Reauthorization Act is repealed.</DELETED>
<DELETED>    (e) Community Services Block Grants Act.--Section 682 of 
the Community Services Block Grants Act (42 U.S.C. 9901) is 
repealed.</DELETED>
<DELETED>    (f) Anti-Drug Abuse Act.--Subtitle B of title III of the 
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11801 et seq.) is amended by 
striking chapters 1 and 2.</DELETED>

<DELETED>SEC. 308. CIVIL MONETARY PENALTY SURCHARGE.</DELETED>

<DELETED>    (a) Imposition.--Subject to subsection (b) and 
notwithstanding any other provision of law, a surcharge of 40 percent 
of the principal amount of a civil monetary penalty shall be added to 
each civil monetary penalty assessed by the United States or any agency 
thereof at the time the penalty is assessed.</DELETED>
<DELETED>    (b) Limitation.--This section does not apply to any 
monetary penalty assessed under the Internal Revenue Code of 
1986.</DELETED>
<DELETED>    (c) Use of Surcharges.--Amounts collected from the 
surcharge imposed under this section shall be used for Federal programs 
to combat youth violence.</DELETED>
<DELETED>    (d) Effective Dates.--</DELETED>
        <DELETED>    (1) In general.--A surcharge under subsection (b) 
        shall be added to each civil monetary penalty assessed on or 
        after the later of October 1, 1997 and the date of enactment of 
        this Act.</DELETED>
        <DELETED>    (2) Expiration of authority.--The authority to add 
        a surcharge under this subsection shall terminate at the close 
        of September 30, 2002.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent and Repeat 
Juvenile Offender Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.

                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal Sentencing Guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.

                        TITLE II--JUVENILE GANGS

Sec. 201. Short title.
Sec. 202. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 203. Amendment of title 18 with respect to criminal gangs.
Sec. 204. Interstate and foreign travel or transportation in aid of 
                            criminal gangs.
Sec. 205. Solicitation or recruitment of persons in criminal gang 
                            activity.
Sec. 206. Crimes involving the recruitment of persons to participate in 
                            criminal gangs and firearms offenses as 
                            RICO predicates.
Sec. 207. Prohibitions relating to firearms.
Sec. 208. Amendment of sentencing guidelines with respect to body 
                            armor.
Sec. 209. Prison communications.
Sec. 210. High intensity interstate gang activity areas.
Sec. 211. Increased RICO penalties for gang and violent crimes.
Sec. 212. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
Sec. 213. Clone pagers.

          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. National program.
Sec. 303. Juvenile crime control and juvenile offender accountability 
                            incentive block grants.
Sec. 304. State plans.
Sec. 305. Grants to prosecutors.
Sec. 306. Runaway and homeless youth.
Sec. 307. Authorization of appropriations.
Sec. 308. Transfer of functions and savings provisions.
Sec. 309. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 310. Repeal of unnecessary and duplicative programs.
Sec. 311. Extension of Violent Crime Reduction Trust Fund.
Sec. 312. Reimbursement of States for costs of incarcerating juvenile 
                            aliens.

                     TITLE IV--BOYS AND GIRLS CLUBS

Sec. 401. 2,500 Boys and Girls Clubs before 2000.

                         TITLE V--MISCELLANEOUS

                     Subtitle A--General Provisions

Sec. 501. Definition of unit of local government.
Sec. 502. Carjacking offenses.
Sec. 503. Firearms safety.
Sec. 504. Firearm safety education grants.
Sec. 505. Increased penalty for firearms conspiracy.
Sec. 506. Felony treatment for offenses tantamount to aiding and 
                            abetting unlawful purchases.
Sec. 507. Increased penalty for knowingly receiving firearms with 
                            obliterated serial number.
Sec. 508. Amendment of the sentencing guidelines for transfers of 
                            firearms to prohibited persons.
Sec. 509. Criminal forfeiture of firearms used in crimes of violence 
                            and felonies.
Sec. 510. Criminal forfeiture for gun trafficking.
Sec. 511. Using prison inmate labor and other labor for data processing 
                            of personal information about children.
Sec. 512. Truth-in-sentencing incentive grants.
Sec. 513. False advertising or misuse of name to indicate United States 
                            Marshals Service.
Sec. 514. Extension of authority.
Sec. 515. Use of residential substance abuse treatment grants to 
                            provide aftercare services.
Sec. 516. Establishment of felony violations.
Sec. 517. Hate Crimes Statistics Act.
Sec. 518. Elimination of the statute of limitations for murder and 
                            Class A offenses.
Sec. 519. Priority.
Sec. 520. Increased penalties for distributing drugs to minors.
Sec. 521. Increased penalty for drug trafficking in or near a school or 
                            other protected location.
Sec. 522. Increased penalties for using minors to distribute drugs.
Sec. 523. Penalties for use of minors in crimes of violence.
Sec. 524. Increased penalties for using Federal property to grow or 
                            manufacture controlled substances.
Sec. 525. Safe schools.
Sec. 526. Applicability to dangerous weapons.

         Subtitle B--Child Exploitation Sentencing Enhancement

Sec. 531. Short title.
Sec. 532. Definitions.
Sec. 533. Increased penalties for use of a computer in the sexual abuse 
                            or exploitation of a child.
Sec. 534. Increased penalties for knowing misrepresentation in the 
                            sexual abuse or exploitation of a child.
Sec. 535. Increased penalties for pattern of activity of sexual 
                            exploitation of children.
Sec. 536. Repeat offenders; increased maximum penalties for 
                            transportation for illegal sexual activity 
                            and related crimes.
Sec. 537. Clarification of definition of distribution of pornography.
Sec. 538. Directive to the United States Sentencing Commission.
Sec. 539. Authorization for guardians ad litem.
Sec. 540. Applicability.

SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 3. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Conforming Amendments.--The analysis for chapter 401 of title 
18, United States Code, is amended--
            (1) by striking the item relating to section 5001; and
            (2) by redesignating the item relating to section 5003 as 
        5001.

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--A juvenile who is alleged to have committed a 
Federal offense shall, except as provided in subsection (d), be tried 
in the appropriate district court of the United States--
            ``(1) in the case of an offense described in subsection 
        (c), if the juvenile was not less than 14 years of age at the 
        time of the offense, as an adult at the discretion of the 
        United States Attorney in the appropriate jurisdiction, upon 
        certification by that United States Attorney (which 
        certification shall not be subject to review in or by any 
        court) that--
                    ``(A) there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction; or
                    ``(B) the ends of justice otherwise so require;
            ``(2) in the case of a felony offense that is not described 
        in subsection (c) as an adult, upon certification by the 
        Attorney General (which certification shall not be subject to 
        review in or by any court) that--
                    ``(A) there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction; or
                    ``(B) the ends of justice otherwise so require; and
            ``(3) in all other cases, as a juvenile.
    ``(b) Joinder; Lesser Included Offenses.--In a prosecution under 
this section, a juvenile may be prosecuted and convicted as an adult 
for any offense that is properly joined under the Federal Rules of 
Criminal Procedure with an offense under subsection (c), and may also 
be convicted of a lesser included offense.
    ``(c) Offenses Described.--For purposes of subsection (a)(1), an 
offense is described in this subsection if it is a Federal offense 
that--
            ``(1) is a serious violent felony or a serious drug offense 
        described in section 3559(c), except that the provisions of 
        paragraph (c)(3) of section 3559 shall not apply to this 
        section; or
            ``(2) is a conspiracy or an attempt to commit an offense 
        described in paragraph (1).
    ``(d) Referral by United States Attorney.--
            ``(1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of an offense 
        under this section, the United States Attorney may refer the 
        matter to the appropriate legal authorities of the State or 
        Indian tribe with jurisdiction over both the offense and the 
        juvenile.
            ``(2) Definitions.--In this subsection:
                    ``(A) Indian tribe.--The term `Indian tribe' has 
                the meaning given that term in section 4(e) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(e)).
                    ``(B) State.--The term `State' includes a State of 
                the United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States.
    ``(e) Applicable Procedures.--Any action prosecuted in a district 
court of the United States under this section--
            ``(1) shall proceed in the same manner as is required by 
        this title and by the Federal Rules of Criminal Procedure in 
        proceedings against an adult in the case of a juvenile who is 
        being tried as an adult in accordance with subsection (a); and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(f) Application of Laws.--
            ``(1) In general.--Except as otherwise provided in this 
        chapter, in any case in which a juvenile is prosecuted in a 
        district court of the United States as an adult, the juvenile 
        shall be subject to the same laws, rules, and proceedings 
        regarding sentencing (including the availability of probation, 
        restitution, fines, forfeiture, imprisonment, and supervised 
        release) that would be applicable in the case of an adult. No 
        juvenile sentenced to a term of imprisonment shall be released 
        from custody simply because the juvenile reaches the age of 18 
        years. Juveniles tried as adults shall be sentenced under 
        Federal sentencing guidelines consistent with section 994(z) of 
        title 28, United States Code, once such guidelines are 
        promulgated and go into effect.
            ``(2) Applicability of mandatory restitution provisions to 
        certain juveniles.--If a juvenile is tried as an adult for any 
        offense to which the mandatory restitution provisions of 
        sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
        sections shall apply to that juvenile in the same manner and to 
        the same extent as those provisions apply to adults.
    ``(g) Open Proceedings.--
            ``(1) In general.--Any offense tried in a district court of 
        the United States under this section shall be open to the 
        general public, in accordance with rules 10, 26, 31(a), and 53 
        of the Federal Rules of Criminal Procedure, unless good cause 
        is established by the moving party or is otherwise found by the 
        court, for closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(h) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        arrest or prosecution of a juvenile in a district court of the 
        United States under this section, subject to the requirements 
        of section 5038, the United States Attorney of the appropriate 
        jurisdiction shall have complete access to the prior Federal 
juvenile records of the subject juvenile and, to the extent permitted 
by State law, the prior State juvenile records of the subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty in an action under this section, the 
        district court responsible for imposing sentence shall have 
        complete access to the prior Federal juvenile records of the 
        subject juvenile and, to the extent permitted under State law, 
        the prior State juvenile records of the subject juvenile. At 
        sentencing, the district court shall consider the entire 
        available prior juvenile record of the subject juvenile.
            ``(3) Release of records.--The Director of the Federal 
        Bureau of Investigation may release such Federal records and, 
        to the extent permitted by State law, such State records, to 
        law enforcement authorities of any jurisdiction and to 
        officials of any school, school district, or postsecondary 
        school at which the individual who is the subject of the 
        juvenile record is enrolled or seeks, intends, or is instructed 
        to enroll, if such school officials are held liable to the same 
        standards and penalties to which law enforcement and juvenile 
        justice system employees are held liable under Federal and 
        State law for the handling and disclosure of such 
        information.''.
    (b) Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 403 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for other criminal 
                            prosecution.''.
            (2) Adult sentencing section.--Section 3553 of title 18, 
        United States Code, is amended by adding at the end the 
        following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Under the Age of 16.--Notwithstanding any other 
provision of law, in the case of a defendant convicted for conduct that 
occurred before the juvenile attained the age of 16 years, the court 
shall impose a sentence without regard to any statutory minimum 
sentence if the court finds at sentencing, after affording the 
Government an opportunity to make a recommendation, that the juvenile 
has not been previously adjudicated delinquent for, or convicted of, a 
serious violent felony or a serious drug offense (as those terms are 
defined in section 3559(c)).
    ``(h) Treatment of Juvenile Criminal History in Federal 
Sentencing.--
            ``(1) In general.--
                    ``(A) Sentencing guidelines.--Pursuant to its 
                authority under section 994 of title 28 and the 
                amendments made by section 111 of the Violent and 
                Repeat Juvenile Offender Act of 1997, the United States 
                Sentencing Commission shall amend the Federal 
                Sentencing Guidelines to provide that, in determining 
                the criminal history score under the guidelines for any 
                adult offender or any juvenile offender being sentenced 
                as an adult, prior juvenile convictions and 
                adjudications for offenses described in paragraph (2) 
                shall receive a score similar to that which the 
                defendant would have received if those offenses had 
                been committed when the defendant was an adult, 
                provided that any portion of the sentence for the 
                offense was imposed or served within 15 years after the 
                commencement of the instant offense.
                    ``(B) Reviews.--The Commission shall also review 
                the criminal history treatment of juvenile 
                adjudications or convictions for other offenses to 
                determine whether it should be adjusted in a similar 
                fashion, and make any additional guideline amendments 
                necessary to make whatever adjustments it concludes are 
                needed to implement the results of the review.
            ``(2) Offenses described.--The offenses described in 
        paragraph (1) shall include--
                    ``(A) any crime of violence;
                    ``(B) any controlled substance offense;
                    ``(C) any other offense for which the defendant 
                received a sentence or disposition of imprisonment of 1 
                year or more; and
                    ``(D) any other offense punishable by a term of 
                imprisonment of more than 1 year for which the 
                defendant was prosecuted as an adult.
            ``(3) Definitions.--The guidelines described in paragraph 
        (1) shall define the terms `crime of violence' and `controlled 
        substance offense' in substantially the same manner as those 
        terms are defined in Guideline Section 4B1.2 of the November 1, 
        1995, Guidelines Manual.
            ``(4) Juvenile adjudications.--In carrying out this 
        subsection, the Commission shall assign criminal history points 
        for juvenile adjudications based principally on the nature of 
        the acts committed by the juvenile but may also provide for 
        some adjustment of the score in light of the length of sentence 
        the juvenile received.
            ``(5) Emergency authority.--The Commission shall promulgate 
        the guidelines or amendments provided for under this subsection 
        as soon as practicable, and in any event not later than 90 days 
        after the date of enactment of the Violent and Repeat Juvenile 
        Offender Act of 1997, in accordance with the procedures set 
        forth in section 21(a) of the Sentencing Act of 1987, as though 
        the authority under that authority had not expired, except that 
        the Commission shall submit to Congress the emergency 
        guidelines or amendments promulgated under this section, and 
        shall set an effective date for those guidelines or amendments 
        not earlier than 30 days after their submission to Congress.
            ``(6) Career offender determination.--Pursuant to its 
        authority under section 994 of title 28 and the amendments made 
        by section 111 of the Violent and Repeat Juvenile Offender Act 
        of 1997, the United States Sentencing Commission shall amend 
        the Federal Sentencing Guidelines to provide for inclusion, in 
        any determination whether a juvenile or adult defendant is a 
        career offender under section 994(h) of title 28 and any 
        computation of what sentence any defendant found to be a career 
        offender should be given, of any act for which the defendant 
        was previously convicted or adjudicated delinquent as a 
        juvenile that would be a felony covered by that section if it 
        had been committed as an adult.''.

SEC. 103. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter:
            ``(1) Adult inmate.--The term `adult inmate' means an 
        individual 18 years of age or older arrested and in custody 
        for, awaiting trial on, or convicted of criminal charges or an 
        act of juvenile delinquency committed while a juvenile.
            ``(2) Juvenile.--The term `juvenile' means--
                    ``(A) a person who has not attained his or her 
                eighteenth birthday; or
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained his 
                or her twenty-first birthday.
            ``(3) Juvenile delinquency.--The term `juvenile 
        delinquency' means the violation of a law of the United States 
        committed by a person prior to the eighteenth birthday of that 
        person, if the violation--
                    ``(A) would have been a crime if committed by an 
                adult; or
                    ``(B) is a violation of section 922(x).
            ``(4) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and incidental or accidental.
            ``(5) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between an adult inmate and a juvenile.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(6) State.--The term `State' includes a State of the 
        United States, the District of Columbia, any commonwealth, 
        territory, or possession of the United States and, with regard 
        to an act of juvenile delinquency that would have been a 
        misdemeanor if committed by an adult, an Indian tribe (as that 
        term is defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        4506(e))).
            ``(7) Violent juvenile.--The term `violent juvenile' means 
        any juvenile who is alleged to have committed, has been 
        adjudicated delinquent for, or has been convicted of an offense 
        that, if committed by an adult, would be a crime of violence 
        (as that term is defined in section 16).''.

SEC. 104. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended--
            (1) in the first sentence, by striking ``immediately notify 
        the Attorney General and'' and inserting the following: 
        ``immediately or as soon as practicable thereafter, notify the 
        United States Attorney of the appropriate jurisdiction and 
        shall promptly take reasonable steps to notify''; and
            (2) in the second sentence of the second undesignated 
        paragraph, by inserting before the period at the end the 
        following: ``, and the juvenile shall not be subject to 
        detention under conditions that permit prohibited physical 
        contact with adult inmates or in which the juvenile and an 
        adult inmate can engage in sustained oral communications''.

SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate.--Section 5034 of title 18, United States 
Code, is amended--
            (1) by striking ``The magistrate shall insure'' and 
        inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate shall 
        ensure'';
            (2) by striking ``The magistrate may appoint'' and 
        inserting the following:
            ``(2) Guardian ad litem.--The magistrate may appoint'';
            (3) by striking ``If the juvenile'' and inserting the 
        following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--Notwithstanding subsection 
(b), a juvenile who is to be tried as an adult under section 5032 shall 
be released pending trial only in accordance with the applicable 
provisions of chapter 207. The release shall be conducted in the same 
manner and be subject to the same terms, conditions, and sanctions for 
violation of a release condition as provided for an adult under chapter 
207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult under 
        section 5032 for an offense committed while on release under 
        this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--A juvenile'';
            (2) in subsection (a), as redesignated--
                    (A) in the third sentence by striking ``regular 
                contact'' and inserting ``prohibited physical contact 
                or sustained oral communication''; and
                    (B) after the fourth sentence, by inserting the 
                following: ``To the extent practicable, violent 
                juveniles shall be kept separate from nonviolent 
                juveniles.''; and
            (3) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--
            ``(1) In general.--Notwithstanding subsection (a), a 
        juvenile who is to be tried as an adult under section 5032 
        shall be subject to detention in accordance with chapter 207 in 
        the same manner, to the same extent, and subject to the same 
        terms and conditions as an adult would be subject to under that 
        chapter.
            ``(2) Exception.--A juvenile shall not be detained or 
        confined in any institution in which the juvenile has 
        prohibited physical contact with adult inmates, or can engage 
        in sustained oral communication. To the extent practicable, 
        violent juveniles shall be kept separate from nonviolent 
        juveniles.''.

SEC. 106. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by striking ``thirty'' and inserting ``70''; and
            (2) by striking ``the court,'' and all that follows through 
        the end of the section and inserting the following: ``the 
        court. The periods of exclusion under section 3161(h) shall 
        apply to this section. In determining whether an information 
        should be dismissed with or without prejudice, the court shall 
        consider the seriousness of the alleged act of juvenile 
        delinquency, the facts and circumstances of the case that led 
        to the dismissal, and the impact of a reprosecution on the 
        administration of justice.''.

SEC. 107. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Dispositional hearing.--In a proceeding under section 
        5032(a)(3), if the court finds a juvenile to be a juvenile 
        delinquent, the court shall hold a hearing concerning the 
        appropriate disposition of the juvenile not later than 40 court 
        days after the finding of juvenile delinquency, unless the 
        court has ordered further study pursuant to subsection (e). A 
        predisposition report shall be prepared by the probation 
        officer who shall promptly provide a copy to the juvenile, the 
        juvenile's counsel, and the attorney for the Government. Victim 
        impact information shall be included in the report, and victims 
        or, in appropriate cases, their official representatives shall 
        be provided the opportunity to make a statement to the court in 
        person or present any information in relation to the 
        disposition.
            ``(2) Actions of court after hearing.--After the 
        dispositional hearing, after considering any pertinent policy 
        statements promulgated by the United States Sentencing 
        Commission pursuant to section 994 of title 28, and in 
        conformance with the guidelines promulgated by the United 
        States Sentencing Commission pursuant to section 994(z)(1)(B) 
        of title 28, the court--
                    ``(A) shall place the juvenile on probation or 
                commit the juvenile to official detention (including 
                the possibility of a term of supervised release), and 
                impose any fine that would be authorized if the 
                juvenile had been tried and convicted as an adult; and
                    ``(B) may enter an order of restitution pursuant to 
                section 3663.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or supervised release'' after 
                ``probation'';
                    (B) by striking ``extend--'' and all that follows 
                through ``The provisions'' and inserting the following: 
                ``extend, in the case of a juvenile, beyond the maximum 
                term of probation that would be authorized by section 
                3561, or beyond the maximum term of supervised release 
authorized by section 3583, if the juvenile had been tried and 
convicted as an adult. The provisions dealing with supervised release 
set forth in section 3583 and the provisions''; and
                    (C) in the last sentence, by inserting ``or 
                supervised release'' after ``on probation''; and
            (3) in subsection (c), by striking ``may not extend--'' and 
        all that follows through ``Section 3624'' and inserting the 
        following: ``may not extend beyond the earlier of the 26th 
        birthday of the juvenile or the termination date of the maximum 
        term of imprisonment, exclusive of any term of supervised 
        release, that would be authorized if the juvenile had been 
        tried and convicted as an adult. No juvenile sentenced to a 
        term of imprisonment shall be released from custody simply 
        because the juvenile reaches the age of 18 years. Section 
        3624''.

SEC. 108. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``or analysis 
                requested by the Attorney General'' before the 
                semicolon;
                    (B) in paragraph (5), by striking ``and'' at the 
                end;
                    (C) by striking paragraph (6) and inserting the 
                following:
            ``(6) communications with any victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of the victim in order to apprise such victim or 
        representative of the status or disposition of the proceeding 
        or in order to effectuate any other provision of law or to 
        assist in a victim's, or the victim's official 
        representative's, allocution at disposition; and
            ``(7) inquiries from any school or other educational 
        institution for the purpose of ensuring the public safety and 
        security at such institution.''; and
                    (D) by striking ``Unless'' and inserting the 
                following:
    ``(c) Prohibition on Release of Certain Information.--Unless'';
            (2) by striking subsections (e) and (f);
            (3) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (4) by inserting after subsection (a) the following:
    ``(b) Access by United States Attorney.--Notwithstanding subsection 
(a), in determining the appropriate disposition of a juvenile matter 
under section 5032, the United States Attorney of the appropriate 
jurisdiction shall have complete access to the official records of the 
juvenile proceedings conducted under this title.'';
            (5) in subsection (e), as redesignated, by inserting after 
        ``proceeding'' the following: ``, other than necessary 
        docketing information'';
            (6) by inserting after subsection (e), as redesignated, the 
        following:
    ``(f) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult, access to the record of the offenses of 
the juvenile shall be made available in the same manner as is 
applicable to adult defendants.''; and
            (7) by striking ``(d) Whenever'' and all that follows 
        through ``adult defendants.'' and inserting the following:
    ``(g) Fingerprints and Photographs.--
            ``(1) In general.--In any case in which a juvenile is 
        proceeded against in a district court of the United States 
        under section 5032, that juvenile shall be fingerprinted and 
        photographed.
            ``(2) Availability of fingerprints and photographs.--
        Fingerprints and photographs of a juvenile--
                    ``(A) who is prosecuted as an adult, shall be made 
                available in the same manner as is applicable to an 
                adult defendant; and
                    ``(B) who is not prosecuted as an adult, shall be 
                made available only as provided in subsection (a).
            ``(3) Information to federal bureau of investigation.--
                    ``(A) In general.--The court shall transmit to the 
                Federal Bureau of Information the information described 
                in subparagraph (B), in any case in which a juvenile 
                proceeded against in a district court of the United 
                States under section 5032 is found guilty--
                            ``(i) in the case of a juvenile not 
                        prosecuted as an adult, of any offense that is 
                        a crime of violence or an act that would be a 
                        felony if committed by an adult; or
                            ``(ii) in the case of a juvenile prosecuted 
                        as an adult, of any offense.
                    ``(B) Information.--The information described in 
                this subparagraph is--
                            ``(i) the information concerning an 
                        adjudication referred to in subparagraph (A), 
                        including the name of the juvenile involved, 
                        the date of the adjudication, the court, the 
                        offense involved, and the sentence; and
                            ``(ii) as appropriate, a notation as to 
                        whether the matters covered in the information 
                        under clause (i) involved a juvenile tried as 
                        an adult or were juvenile adjudications.''.

SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.

    (a) In General.--Section 5039 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5039. Implementation of a sentence
    ``(a) In General.--Except as otherwise provided in this chapter, 
the sentence for a juvenile who is adjudicated delinquent or found 
guilty of an offense under any proceeding in a district court of the 
United States under section 5032 shall be carried out in the same 
manner as for an adult defendant.
    ``(b) Sentences of Imprisonment, Probation, and Supervised 
Release.--Subject to subsection (d), the implementation of a sentence 
of imprisonment is governed by subchapter C of chapter 229 and, if the 
sentence includes a term of probation or supervised release, by 
subchapter A of chapter 229.
    ``(c) Sentences of Fines and Orders of Restitution; Special 
Assessments.--
            ``(1) In general.--A sentence of a fine, an order of 
        restitution, or a special assessment under section 3013 shall 
        be implemented and collected in the same manner as for an adult 
        defendant.
            ``(2) Prohibition.--The parent, guardian, or custodian of a 
        juvenile sentenced to pay a fine or ordered to pay restitution 
        or a special assessment under section 3013 may not be made 
        liable for such payment by any court.
    ``(d) Segregation of Juveniles; Conditions of Confinement.--
            ``(1) In general.--No juvenile committed for incarceration, 
        whether pursuant to an adjudication of delinquency or 
        conviction for an offense, to the custody of the Attorney 
        General may, before the juvenile attains the age of 18, be 
        placed or retained in any jail or correctional institution in 
        which the juvenile has prohibited physical contact with adult 
        inmate or can engage in sustained oral communication with adult 
        inmates. To the extent practicable, violent juveniles shall be 
        kept separate from nonviolent juveniles.
            ``(2) Requirements.--Each juvenile who is committed for 
        incarceration shall be provided with--
                    ``(A) adequate food, heat, light, sanitary 
                facilities, bedding, clothing, and recreation; and
                    ``(B) as appropriate, counseling, education, 
                training, and medical care (including necessary 
                psychiatric, psychological, or other care or 
                treatment).
            ``(3) Commitment to foster home or community-based 
        facility.--Except in the case of a juvenile who is found guilty 
        of a violent felony or who is adjudicated delinquent for an 
        offense that would be a violent felony if the juvenile had been 
        prosecuted as an adult, the Attorney General shall commit a 
        juvenile to a foster home or community-based facility located 
        in or near his home community if that commitment is--
                    ``(A) practicable;
                    ``(B) in the best interest of the juvenile; and
                    ``(C) consistent with the safety of the 
                community.''.
    (b) Conforming Amendment.--The analysis for chapter 403 of title 
18, United States Code, is amended by striking the item relating to 
section 5039 and inserting the following:

``5039. Implementation of a sentence.''.

SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.

    Section 3401(g) of title 18, United States Code, is amended--
            (1) in the second sentence, by inserting after ``magistrate 
        judge may, in any'' the following: ``class A misdemeanor or 
        any''; and
            (2) in the third sentence, by striking ``, except that no'' 
        and all that follows before the period at the end of the 
        subsection.

SEC. 111. FEDERAL SENTENCING GUIDELINES.

    (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
    (b) Guidelines for Juvenile Cases.--
            (1) In general.--Section 994 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(z)(1) The Commission, not later than 1 year after the date of 
enactment of the Violent and Repeat Juvenile Offender Act of 1997, by 
affirmative vote of not less than 4 members of the Commission, and 
pursuant to its rules and regulations and consistent with all pertinent 
provisions of any Federal statute, shall promulgate and distribute 
to all courts of the United States and to the United States Probation 
System--
            ``(A) guidelines, as described in this section, for use by 
        a sentencing court in determining the sentence to be imposed in 
        a criminal case if the defendant committed the offense as a 
        juvenile, and is tried as an adult pursuant to section 5032 of 
        title 18, United States Code; and
            ``(B) guidelines, as described in this section, for use by 
        a court in determining the sentence to be imposed on a juvenile 
        adjudicated delinquent pursuant to section 5032 of title 18, 
        United States Code, and sentenced pursuant to a dispositional 
        hearing under section 5037 of title 18, United States Code.
    ``(2) In carrying out this subsection, the Commission shall make 
the determinations required by subsection (a)(1) and promulgate the 
policy statements and guidelines required by paragraphs (2) and (3) of 
subsection (a).
    ``(3) In addition to any other considerations required by this 
section, the Commission, in promulgating guidelines--
            ``(A) pursuant to paragraph (1)(A), shall presume the 
        appropriateness of adult sentencing provisions, but may make 
        such adjustments to sentence lengths and to provisions 
        governing downward departures from the guidelines as reflect 
        the specific interests and circumstances of juvenile 
        defendants; and
            ``(B) pursuant to paragraph (1)(B), shall ensure that the 
        guidelines--
                    ``(i) reflect the broad range of sentencing options 
                available to the court under section 5037 of title 18, 
                United States Code; and
                    ``(ii) effectuate a policy of an accountability-
                based juvenile justice system that provides substantial 
                and appropriate sanctions, which are graduated to 
                reflect the severity or repeated nature of violations, 
                for each delinquent act, and reflect the specific 
                interests and circumstances of juvenile defendants.
    ``(4) The review period specified by subsection (p) shall apply to 
guidelines promulgated pursuant to this subsection and any future 
amendments thereto.''.
            (2) Technical correction to assure compliance of sentencing 
        guidelines with provisions of all federal statutes.--Section 
        994(a) of title 28, United States Code, is amended by striking 
        ``consistent with all pertinent provisions of this title and 
        title 18, United States Code,'' and inserting ``consistent with 
        all pertinent provisions of any Federal statute''.

SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.

    Not later than 18 months after the date of enactment of this Act, 
the Attorney General shall conduct a study of the juvenile justice 
systems of Indian tribes (as that term is defined in section 4(e) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b(e))) and shall report to the Chairman and Ranking Member of the 
Committee on the Judiciary and the Committee on Indian Affairs of the 
Senate and the Chairman and Ranking Member of the Committee on the 
Judiciary of the House of Representatives on--
            (1) the extent to which tribal governments are equipped to 
        adjudicate felonies, misdemeanors, and acts of delinquency 
        committed by juveniles subject to tribal jurisdiction; and
            (2) the need for and benefits from expanding the 
        jurisdiction of tribal courts and the authority to impose the 
        same sentences that can be imposed by Federal or State courts 
        on such juveniles.

                        TITLE II--JUVENILE GANGS

SEC. 201. SHORT TITLE.

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

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

    (a) Definition of Criminal Gang.--In this section, the term 
``criminal gang'' has the meaning given that term in section 521(a) of 
title 18, United States Code, as amended by section 203 of this title.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal Sentencing 
        Guidelines to provide an appropriate enhancement for any 
        Federal offense that is a predicate gang crime (as the term is 
        defined in section 521 of title 18, United States Code), if the 
        offense was both committed in connection with, or in 
        furtherance of, the activities of a criminal gang and the 
        defendant was a member of the criminal gang at the time of the 
        offense.
            (2) Factors to be considered.--In determining an 
        appropriate enhancement under this section, the United States 
        Sentencing Commission shall give great weight to the 
        seriousness of the offense, the offender's relative position in 
        the criminal gang, and the risk of death or serious bodily 
        injury to any person posed by the offense.
    (c) Construction With Other Guidelines.--The amendment made by 
subsection (b) shall provide that the increase in the offense level 
shall be in addition to any other adjustment under chapter 3 of the 
Federal Sentencing Guidelines.

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

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Definitions.--'' and 
                inserting the following:
    ``(a) Definitions.--In this section:''; and
                    (B) by striking ```conviction'' and all that 
                follows through the end of the subsection and inserting 
                the following:
            ``(1) Criminal gang.--The term `criminal gang' means an 
        ongoing group, club, organization, or association of 5 or more 
        persons, whether formal or informal--
                    ``(A) that has as 1 of its primary activities or 
                purposes of the commission of 1 or more predicate gang 
                crimes; and
                    ``(B) the activities of which affect interstate or 
                foreign commerce.
            ``(2) Pattern of criminal gang activity.--The term `pattern 
        of criminal gang activity' means the commission of 2 or more 
        predicate gang crimes committed in connection with, or in 
        furtherance of, the activities of a criminal gang--
                    ``(A) not less than 1 of which was committed after 
                the date of enactment of the Federal Gang Violence Act;
                    ``(B) the first of which was committed not more 
                than 5 years before the commission of another predicate 
                gang crime; and
                    ``(C) that were committed on separate occasions.
            ``(3) Predicate gang crime.--The term `predicate gang 
        crime' means an offense, including an act of juvenile 
        delinquency that, if committed by an adult, would be an offense 
        that is--
                    ``(A) a Federal offense--
                            ``(i) that is a crime of violence (as that 
                        term is defined in section 16) for which the 
                        maximum penalty is imprisonment for not less 
                        than 10 years;
                            ``(ii) that involves a controlled substance 
                        (as that term is defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)) for 
                        which the maximum penalty is imprisonment for 
                        not less than 10 years;
                            ``(iii) that is a violation of section 522 
                        (relating to the recruitment of persons to 
                        participate in criminal gang activity);
                            ``(iv) that is a violation of section 844, 
                        875, or 876 (relating to extortion and 
                        threats), section 1084 (relating to gambling), 
                        section 1955 (relating to gambling), or chapter 
                        73 (relating to obstruction of justice);
                            ``(v) that is a violation of--
                                    ``(I) subsection (a)(1), (i), (j), 
                                (k), (o), (q), (u), (v), or (x)(1) of 
                                section 922; or
                                    ``(II) subsection (b), (g), (h), 
                                (k), (l), or (m) of section 924;
                            ``(vi) that is a violation of section 1956 
                        (relating to money laundering), to the extent 
                        that the violation of such section is related 
                        to a Federal or State offense involving a 
                        controlled substance (as that term is defined 
                        in section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)); or
                            ``(vii) that is a violation of section 
                        274(a)(1)(A), 277, or 278 of the Immigration 
                        and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
                        1327, or 1328) (relating to alien smuggling);
                    ``(B) a State offense involving conduct that would 
                constitute an offense under subparagraph (A) if Federal 
                jurisdiction existed or had been exercised; or
                    ``(C) a conspiracy, attempt, or solicitation to 
                commit an offense described in subparagraph (A) or (B).
            ``(4) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Criminal Penalties.--Whoever engages in a pattern of criminal 
gang activity--
            ``(1) shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 5 
                years and not more than 25 years, fined in accordance 
                with this title, or both; and
                    ``(B) the forfeiture prescribed in section 413 of 
                the Controlled Substances Act (21 U.S.C. 853); and
            ``(2) if any person engages in such activity after 1 or 
        more prior convictions under this section have become final, 
        shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 20 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 412 of 
                the Controlled Substances Act (21 U.S.C. 853).
    ``(c) Certification.--A person may not be prosecuted for an offense 
under this section unless the Attorney General, the Deputy Attorney 
General, or the Assistant Attorney General for the Criminal Division 
personally certifies (which certification shall not be subject to 
review in or by any court) that, in the judgment of that official, the 
prosecution of that person--
            ``(1) is in the public interest; and
            ``(2) is necessary to secure substantial justice.''.
    (b) Conforming Amendment.--Section 3663(c)(4) of title 18, United 
States Code, is amended by inserting before ``chapter 46'' the 
following: ``section 521 of this title,''.

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

    (a) Travel Act Amendments.--
            (1) Prohibited conduct and penalties.--Section 1952(a) of 
        title 18, United States Code, is amended to read as follows:
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A);
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.''.
            (2) Definitions.--Section 1952(b) of title 18, United 
        States Code, is amended to read as follows:
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) pattern of gang activity (as that term is 
                defined in section 521);
                    ``(B) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances (as that term 
                is defined in section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(a))), or prostitution 
                offenses in violation of the laws of the State in which 
                the offense is committed or of the United States;
                    ``(C) extortion, bribery, arson, burglary if the 
                offense involves property valued at not less than 
                $10,000, assault with a deadly weapon, assault 
                resulting in bodily injury, shooting at an occupied 
                dwelling or motor vehicle, or retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, in violation of the laws of the State in 
                which the offense is committed or of the United States;
                    ``(D) the use of bribery, force, intimidation, or 
                threat, directed against any person, to delay or 
                influence the testimony of or prevent from testifying a 
                witness in a State criminal proceeding or by any such 
means to cause any person to destroy, alter, or conceal a record, 
document, or other object, with intent to impair the object's integrity 
or availability for use in such a proceeding; or
                    ``(E) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        Sentencing Guidelines to provide an appropriate increase in the 
        offense levels for traveling in interstate or foreign commerce 
        in aid of unlawful activity.
            (2) Definition of unlawful activity.--In this subsection, 
        the term ``unlawful activity'' has the meaning given that term 
        in section 1952(b) of title 18, United States Code, as amended 
        by this section.
            (3) Sentencing enhancement for recruitment across state 
        lines.--Pursuant to its authority under section 994(p) of title 
        28, United States Code, the United States Sentencing Commission 
        shall amend the Federal Sentencing Guidelines to provide an 
        appropriate enhancement for a person who, in violating 
        subsection (a), recruits, solicits, induces, commands, or 
        causes another person residing in another State to be or to 
        remain a member of a criminal gang, or crosses a State line 
        with the intent to recruit, solicit, induce, command, or cause 
        another person to be or to remain a member of a criminal gang.

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

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal gang 
              activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, to recruit, solicit, induce, command, or cause 
another person to be or to remain as a member of a criminal gang, or 
conspire to do so.
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) if the person recruited, solicited, induced, 
        commanded, or caused--
                    ``(A) is a minor, be imprisoned for a term of not 
                less than 4 years and not more than 10 years, fined in 
                accordance with this title, or both; or
                    ``(B) is not a minor, be imprisoned for a term of 
                not less than 1 year and not more than 10 years, fined 
                in accordance with this title, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor attains the 
        age of 18.
    ``(c) Definitions.--In this section:
            ``(1) Criminal gang.--The term `criminal gang' has the 
        meaning given the term in section 521.
            ``(2) Minor.--The term `minor' means a person who is 
        younger than 18 years of age.''.
    (b) Conforming Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following:

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

SEC. 206. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE IN 
              CRIMINAL GANGS AND FIREARMS OFFENSES AS RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, (G) an offense under section 522 of this title, 
        or (H) an offense under section 924(a) insofar as such offense 
        is a violation of subsection (a)(1), (a)(4), (i), (j), (k), 
        (o), (q), (u), (v), or (x)(1) of section 922, or subsection 
        (b), (g), (h), (k), (l), or (m) of section 924 (relating to 
        firearms violations), except that with respect to an offense 
        under section 922 or 924 described in subparagraph (H), that 
        offense shall be considered to be a racketeering activity only 
        if that offense is committed by a person who knowingly furthers 
        a Federal offense that is a serious violent felony or a serious 
        drug offense (as those terms are defined in section 
        3559(c)(2))''.

SEC. 207. PROHIBITIONS RELATING TO FIREARMS.

    (a) Youth Handgun Safety.--Section 924(a)(6) of title 18, United 
States Code, is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A);
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``A person other than a juvenile 
                who knowingly'' and inserting ``A person who 
                knowingly'';
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not more than 5 years''; and
                    (C) in clause (ii), by inserting ``not less than 1 
                year and'' after ``imprisoned''; and
            (4) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), no mandatory 
        minimum sentence shall apply to a juvenile who is less than 14 
        years of age.''.
    (b) Serious Juvenile Drug Offenses as Armed Career Criminal 
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                clause (i) or (ii);''.
    (c) Transfer of Firearms to Minors for Use in Crime.--Section 
924(h) of title 18, United States Code, is amended by striking ``10 
years, fined in accordance with this title, or both'' and inserting 
``10 years, and if the transferee is a person who is under 18 years of 
age, imprisoned for a term of not less than 3 years, fined in 
accordance with this title, or both''.

SEC. 208. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY 
              ARMOR.

    (a) Short Title.--This section may be cited as the ``James Guelff 
Body Armor Act of 1997''.
    (b) Definitions.--In this section:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale as personal protective body covering 
        intended to protect against gunfire, regardless of whether the 
        product is to be worn alone or is sold as a complement to 
        another product or garment.
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
    (c) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal Sentencing Guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (d) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 209. PRISON COMMUNICATIONS.

    (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2523. Exemption for communications in jails and prisons
    ``(a) In General.--This chapter and chapter 121 do not apply with 
respect to the interception by a law enforcement officer, or a person 
acting on behalf of a law enforcement officer, of any wire, oral, or 
electronic communication, or the use of a pen register, a trap and 
trace device, or a clone pager, if--
            ``(1) in the case of any wire, oral, or electronic 
        communication, at least 1 of the parties to the communication 
        is an inmate or detainee in the custody of--
                    ``(A) the Attorney General of the United States; or
                    ``(B) a State or political subdivision thereof; or
            ``(2) in the case of a pen register, a trap and trace 
        device, or a clone pager, the facility is regularly used by an 
        inmate or detainee in the custody of--
                    ``(A) the Attorney General of the United States; or
                    ``(B) a State or political subdivision thereof.
    ``(b) Regulations.--The Attorney General shall promulgate 
regulations governing interceptions described in subsection (a) in 
order to protect--
            ``(1) communications that are privileged under any 
        privilege recognized by the Supreme Court of the United States; 
        and
            ``(2) the right to counsel guaranteed by the sixth 
        amendment to the Constitution of the United States.
    ``(c) Definition of State.--In this subsection, the term `State' 
means each of the several States of the United States, the District of 
Columbia, and the territories, commonwealths, and possessions of the 
United States.''.
    (b) Conforming Amendment.--The analysis for chapter 119 of title 
18, United States Code, is amended by adding at the end the following:

``2523. Exemption for communications in jails and prisons.''.

SEC. 210. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area, the Attorney 
        General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of fiscal years 1998 through 2002, to be 
        used in accordance with paragraph (2).
            (2) Use of funds.--Of the amounts authorized to be 
        appropriated under paragraph (1)--
                    (A) 60 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 40 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of the amounts authorized 
                under paragraph (1) are used to assist rural States 
                affected as described in subparagraphs (B) and (C) of 
                subsection (b)(3).
                    (B) Definition of rural state.--In this paragraph, 
                the term ``rural State'' has the meaning given the term 
                in section 1501(b) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796bb(b)).

SEC. 211. INCREASED RICO PENALTIES FOR GANG AND VIOLENT CRIMES.

    Section 1963(a) of title 18, United States Code, is amended by 
striking ``imprisoned not more than 20 years (or for life if the 
violation is based on a racketeering activity for which the maximum 
penalty includes life imprisonment), or both,'' and inserting 
``imprisoned not more than the greater of 20 years or the statutory 
maximum term of imprisonment (including life imprisonment) applicable 
to a racketeering activity on which the violation is based, or both,''.

SEC. 212. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Whoever uses physical force or the threat of physical 
        force against any person, or attempts to do so, with intent 
        to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; or
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) by amending paragraph (3)(B), as redesignated, 
                to read as follows:
            ``(B) in the case of--
                            ``(i) an attempt to murder; or
                            ``(ii) the use of physical force against 
                        any person;
            imprisonment for not more than 20 years.'';
            (2) in subsection (b), by striking ``or physical force''; 
        and
            (3) by adding at the end the following:
    ``(j) Whoever conspires to commit any offense under this section or 
section 1513 shall be subject to the same penalties as those prescribed 
for the offense the commission of which was the object of the 
conspiracy.''.

SEC. 213. CLONE PAGERS.

    (a) Wire and Electronic Communications.--
            (1) Definitions.--Section 2510(12) of title 18, United 
        States Code, is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(E) any communication made through a clone pager 
                (as that term is defined in section 3127).''.
            (2) Prohibition.--Section 2511(2)(h) of title 18, United 
        States Code, is amended by striking clause (i) and inserting 
        the following:
            ``(i) to use a pen register, a trap and trace device, or a 
        clone pager (as those terms are defined for the purposes of 
        chapter 206 (relating to pen registers, trap and trace devices, 
        and clone pagers)); or''.
    (b) Amendment of Chapter 206.--Chapter 206 of title 18, United 
States Code, is amended--
            (1) in the chapter heading, by striking ``AND TRAP AND 
        TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND 
        CLONE PAGERS'';
            (2) in the chapter analysis--
                    (A) by striking ``and trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, and clone pager'';
                    (B) by striking ``and trap and trace devices'' and 
                inserting ``, trap and trace devices, and clone 
                pagers''; and
                    (C) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (3) in section 3121--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager''; and
                    (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (4) in section 3122--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                    (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (5) in section 3123--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--Upon an application made under section 3122, the 
court shall enter an ex parte order authorizing the installation and 
use of a pen register or a trap and trace device within the 
jurisdiction of the court, or of a clone pager for which the service 
provider is subject to the jurisdiction of the court, if the court 
finds that the attorney for the Government or the State law enforcement 
or investigative officer has certified to the court that the 
information likely to be obtained by such installation and use is 
relevant to an ongoing criminal investigation.'';
                    (C) in subsection (b)(1)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``, or, in 
                        the case of a clone pager, the identity, if 
                        known, of the person who is the subscriber of 
                        the paging device, the communications to which 
                        will be intercepted by the clone pager'';
                            (ii) in subparagraph (C), by inserting 
                        before the semicolon the following: ``, or, in 
                        the case of a clone pager, the number of the 
                        paging device, communications to which will be 
                        intercepted by the clone pager''; and
                            (iii) in paragraph (2), by striking ``or 
                        trap and trace device'' and inserting ``, trap 
                        and trace device, or clone pager'';
                    (D) in subsection (c), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                    (E) in subsection (d)--
                            (i) in the subsection heading, by striking 
                        ``or a Trap and Trace Device'' and inserting 
                        ``, Trap and Trace Device, or Clone Pager''; 
                        and
                            (ii) in paragraph (2), by inserting ``or 
                        the paging device, the communications to which 
                        will be intercepted by the clone pager,'' after 
                        ``attached,'';
            (6) in section 3124--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to 
acquire and use a clone pager under this chapter, a Federal court may 
order, in accordance with section 3123(b)(2), a provider of a paging 
service or other person, to furnish to such investigative or law 
enforcement officer, all information, facilities, and technical 
assistance necessary to accomplish the operation and use of the clone 
pager unobtrusively and with a minimum of interference with the 
services that the person so ordered by the court accords the party with 
respect to whom the programming and use is to take place.'';
            (7) in section 3125--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                    (C) by striking ``or trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, or clone pager'';
            (8) in section 3126--
                    (A) in the section heading, by striking ``and trap 
                and trace devices'' and inserting ``, trap and trace 
                devices, and clone pagers''; and
                    (B) by inserting ``or clone pagers'' after 
                ``devices''; and
            (9) in section 3127--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device;''.

          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
            ``(1) During the past several years, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
            ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
            ``(3) Understaffed and overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, or 
        correct youth offenders.
            ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society, because insufficient sanctions are 
        imposed on serious juvenile offenders, and because the needs of 
        children, who may be at risk of becoming delinquents are not 
        being met.
            ``(5) Existing programs and policies have not adequately 
        responded to the particular threat that drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
            ``(6) Projected demographic increases in the number of 
        youth offenders require reexamination of current prosecution 
        and incarceration policies for serious violent youth offenders 
        and crime prevention policies.
            ``(7) State and local communities that experience directly 
        the devastating failures of the juvenile justice system require 
        assistance to deal comprehensively with the problems of 
        juvenile delinquency.
            ``(8) Existing Federal programs have not provided the 
        States with necessary flexibility, nor have these programs 
        provided the coordination, resources, and leadership required 
        to meet the crisis of youth violence.
            ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to State and 
        local governments, that have become a barrier to effective 
        program coordination, responsive public safety initiatives, and 
        the provision of comprehensive services for children and youth.
            ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
            ``(11) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that status 
        offenders be deinstitutionalized. Some communities believe that 
        curfews are appropriate for juveniles, and those communities 
        should not be prohibited by the Federal Government from using 
        confinement for status offenses as a means of dealing with 
        delinquent behavior before it becomes criminal conduct.
            ``(12) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that no juvenile 
        be detained or confined in any jail or lockup for adults, 
        because it can be feasible to separate adults and juveniles in 
        1 facility. This mandate is particularly burdensome for rural 
        communities.
            ``(13) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as comprehensive programs to reduce risk factors 
        and prevent juvenile delinquency.
            ``(14) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        philanthropic organizations, families, and the religious 
        community, can create a community environment that supports the 
        youth of the Nation in reaching their highest potential and 
        reduces the destructive trend of juvenile crime.

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

    ``(a) In General.--The purposes of this Act are to--
            ``(1) protect the public and to hold juveniles accountable 
        for their acts;
            ``(2) empower States and communities to develop and 
        implement comprehensive programs that support families, reduce 
risk factors, and prevent serious youth crime and juvenile delinquency;
            ``(3) provide for the thorough and ongoing evaluation of 
        all federally funded programs addressing juvenile crime and 
        delinquency;
            ``(4) provide technical assistance to public and private 
        nonprofit entities that protect public safety, administer 
        justice and corrections to delinquent youth, or provide 
        services to youth at risk of delinquency, and their families;
            ``(5) establish a centralized research effort on the 
        problems of youth crime and juvenile delinquency, including the 
        dissemination of the findings of such research and all related 
        data;
            ``(6) establish a Federal assistance program to deal with 
        the problems of runaway and homeless youth;
            ``(7) assist State and local governments in improving the 
        administration of justice for juveniles;
            ``(8) assist the State and local governments in reducing 
        the level of youth violence;
            ``(9) assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(10) encourage and promote programs designed to keep in 
        school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(11) assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(12) assist State and local governments in promoting 
        public safety by improving the extent, accuracy, availability 
        and usefulness of juvenile court and law enforcement records 
        and the openness of the juvenile justice system;
            ``(13) assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hardcore juveniles and transferring such juveniles out of the 
        jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(14) assist State and local governments in promoting 
        public safety by providing resources to States to build or 
        expand juvenile detention facilities;
            ``(15) provide for the evaluation of federally assisted 
        juvenile crime control programs, and the training necessary for 
        the establishment and operation of such programs;
            ``(16) ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(17) provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention programs.
    ``(b) Statement of Policy.--It is the policy of Congress to provide 
resources, leadership, and coordination to--
            ``(1) combat youth violence and to prosecute and punish 
        effectively violent juvenile offenders; and
            ``(2) improve the quality of juvenile justice in the United 
        States.

``SEC. 103. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability.
            ``(2) Adult inmate.--The term `adult inmate' means an 
        individual 18 years of age or older arrested and in custody 
        for, awaiting trial on, or convicted of criminal charges or an 
        act of juvenile delinquency committed while a juvenile.
            ``(3) Construction.--The term `construction' means erection 
        of new buildings or acquisition, expansion, remodeling, and 
        alteration of existing buildings, and initial equipment of any 
        such buildings, or any combination of such activities 
        (including architects' fees but not the cost of acquisition of 
        land for buildings).
            ``(4) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means oral communication that easily 
                provides an opportunity for an adult inmate orally to 
                threaten a juvenile.
                    ``(B) Exclusion.--The term does not include any 
                communication that is indirect, intermittent, or 
                incidental, and that does not allow an adult inmate 
                easily to threaten a juvenile orally.
            ``(5) Federal juvenile crime control and juvenile offender 
        accountability program.--The term `Federal juvenile crime 
        control and juvenile offender accountability program' means any 
        Federal program a primary objective of which is the reduction 
        of the incidence of arrest, the commission of criminal acts or 
        acts of delinquency, violence, the use of alcohol or illegal 
        drugs, or involvement in gangs among juveniles.
            ``(6) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(7) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
            ``(8) Office.--The term `Office' means the Office of 
        Juvenile Crime Control and Accountability established under 
        section 201.
            ``(9) Outcome objective.--The term `outcome objective' 
        means an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, and 
        teenage pregnancy, among youth in the community.
            ``(10) Process objective.--The term `process objective' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                    ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth.
            ``(11) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means direct physical contact that provides an 
                opportunity for an adult inmate physically to harm a 
                juvenile, and includes placing juveniles and adult 
                inmates in the same cell.
                    ``(B) Exclusion.--The term does not include any 
                contact that is indirect, intermittent, or incidental, 
                and that does not allow an adult inmate physically to 
                harm a juvenile.
            ``(12) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Trust Territory of the Pacific Islands, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
            ``(13) State office.--The term `State office' means an 
        office designated by the chief executive officer of a State to 
        carry out this title, as provided in section 507 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
            ``(14) Treatment.--The term `treatment' includes medical 
        and other rehabilitative services designed to protect the 
        public, including any services designed to benefit addicts and 
        other users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling or reducing their dependence and 
                susceptibility to addiction or use.
            ``(15) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of age.
            ``(16) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and raise revenues;
                    ``(C) an Indian tribe which performs law 
                enforcement functions, as determined by the Secretary 
                of the Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of 
                Columbia or the Federal Government that performs law 
                enforcement functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the United 
                        States.''.

SEC. 302. NATIONAL PROGRAM.

    (a) Office of Juvenile Crime Control and Accountability.--Section 
201 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611) is amended--
            (1) in subsection (a), by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' and inserting ``Office of 
        Juvenile Crime Control and Accountability''; and
            (2) by adding at the end the following:
    ``(d) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of the 
                Violent and Repeat Juvenile Offender Act of 1997, to 
                such officers and employees of the Office as the 
                Administrator may designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(e) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.''.
    (b) National Program.--Section 204 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to read 
as follows:

``SEC. 204. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control and Juvenile Offender 
Accountability Plan.--
            ``(1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, and 
        shall implement overall policy and a strategy to carry out such 
        plan, for all Federal juvenile crime control and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control and the enhancement of 
        accountability by offenders within the juvenile justice system 
        in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control and juvenile 
                        offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, the time served by juveniles in 
                        custody, and the trends demonstrated by such 
                        data;
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime and ensuring 
                        accountability for juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups;
                            ``(iv) the length of time served by 
                        juveniles in custody; and
                            ``(v) the number of juveniles who died or 
                        who suffered serious bodily injury while in 
                        custody and the circumstances under which each 
                        juvenile died or suffered such injury.
                    ``(C) Definition of serious bodily injury.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury involving extreme physical pain or the 
                impairment of a function of a bodily member, organ, or 
                mental faculty that requires medical intervention such 
                as surgery, hospitalization, or physical 
                rehabilitation.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committees on the Judiciary of the 
                Senate and the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control and juvenile offender accountability programs, and 
        Federal policies regarding juvenile crime and justice, 
        including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control and juvenile offender accountability programs and 
        activities among Federal departments and agencies and between 
        such programs and activities and other Federal programs and 
        activities that the Administrator determines may have an 
        important bearing on the success of the entire national 
        juvenile crime control and juvenile offender accountability 
        effort including, in consultation with the Director of the 
        Office of Management and Budget listing annually those programs 
        to be considered Federal juvenile crime control and juvenile 
        accountability programs for the following fiscal year;
            ``(3) provide for the auditing of grants provided pursuant 
        to this title;
            ``(4) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less frequently than once 
        each calendar year, a report on successful programs and 
        juvenile crime reduction methods utilized by States, 
        localities, and private entities;
            ``(5) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(6) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts; and
            ``(7) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title.
    ``(c) National Juvenile Crime Control and Juvenile Offender 
Accountability Budget.--
            ``(1) In general.--The Administrator, through the Attorney 
        General shall--
                    ``(A) develop for each fiscal year, with the advice 
                of the program managers of departments and agencies 
                with responsibilities for any Federal juvenile crime 
                control or juvenile offender accountability program, a 
                consolidated National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan budget proposal 
                to implement the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan; and
                    ``(B) transmit such budget proposal to the 
                President and to Congress.
            ``(2) Submission of juvenile offender accountability budget 
        request.--
                    ``(A) In general.--Each Federal Government program 
                manager, agency head, and department head with 
                responsibility for any Federal juvenile crime control 
                or juvenile offender accountability program shall, 
through the Attorney General, submit the juvenile crime control and 
juvenile offender accountability budget request of the program, agency, 
or department to the Administrator at the same time as such request is 
submitted to their superiors (and before submission to the Office of 
Management and Budget) in the preparation of the budget of the 
President submitted to Congress under section 1105(a) of title 31, 
United States Code.
                    ``(B) Timely development and submission.--The head 
                of each department or agency with responsibility for a 
                Federal juvenile crime control or juvenile offender 
                accountability program shall ensure timely development 
                and submission to the Administrator of juvenile crime 
                control and juvenile offender accountability budget 
                requests transmitted pursuant to this subsection, in 
                such format as may be designated by the Administrator 
                with the concurrence of the Administrator of the Office 
                of Management and Budget.
            ``(3) Review and certification.--The Administrator shall--
                    ``(A) review each juvenile crime control and 
                juvenile offender accountability budget request 
                transmitted to the Administrator under paragraph (2);
                    ``(B) certify in writing as to the adequacy of such 
                request in whole or in part to implement the objectives 
                of the National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan for the year for which the 
                request is submitted and, with respect to a request 
                that is not certified as adequate to implement the 
                objectives of the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan, include in the 
                certification an initiative or funding level that would 
                make the request adequate; and
                    ``(C) notify the program manager, agency head, or 
                department head, as applicable, regarding the 
                certification of the Administrator under subparagraph 
                (B).
            ``(4) Recordkeeping requirement.--The Administrator shall 
        maintain records regarding certifications under paragraph 
        (3)(B).
            ``(5) Funding requests.--The Administrator, through the 
        Attorney General, shall request the head of a department or 
        agency to include in the budget submission of the department or 
        agency to the Office of Management and Budget, funding requests 
        for specific initiatives that are consistent with the 
        priorities of the President for the National Juvenile Crime 
        Control and Juvenile Offender Accountability Plan and 
        certifications made pursuant to paragraph (3), and the head of 
        the department or agency shall comply with such a request.
            ``(6) Reprogramming and transfer requests.--
                    ``(A) In general.--No department or agency with 
                responsibility for a Federal juvenile crime control or 
                juvenile offender accountability program for which 
                primary implementing authority lies outside the 
                Department of Justice shall submit to Congress a 
                reprogramming or transfer request with respect to any 
                amount of appropriated amounts greater than $5,000,000 
                that is included in the National Juvenile Crime Control 
                and Juvenile Offender Accountability Plan budget unless 
                such request is first submitted to the Administrator 
                through the Attorney General and such request has been 
                approved by the Administrator.
                    ``(B) Appeal to president.--The head of any 
                department or agency with responsibility for a Federal 
                juvenile crime control or juvenile offender 
                accountability program for which primary implementing 
                authority lies outside the Department of Justice may 
                appeal to the President any disapproval by the 
                Administrator of a reprogramming or transfer request.
            ``(7) Quarterly reports.--The Administrator shall report to 
        Congress on a quarterly basis regarding the need for any 
        reprogramming or transfer of appropriated amounts for National 
        Juvenile Crime Control and Juvenile Offender Accountability 
        Plan activities.
            ``(8) Exercise of authority.--In carrying out the duties 
        under this subsection, the Administrator may exercise, through 
        the Attorney General, authority over those departments, 
        agencies, offices, bureaus, and other components of the Federal 
        Government with responsibility for a juvenile crime control or 
        juvenile offender accountability program, with respect to such 
        program.
    ``(d) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any activity 
involving any Federal juvenile crime control and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
    ``(e) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator may utilize the services and 
facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agreements, 
and to pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
    ``(f) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator shall be 
coordinated as appropriate with the functions of the Secretary of 
Health and Human Services under title III.
    ``(g) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--The Administrator shall require through 
        appropriate authority each Federal agency that administers a 
        Federal juvenile crime control and juvenile offender 
        accountability program to submit annually to the Office a 
        juvenile crime control and juvenile offender accountability 
        development statement. Such statement shall be in addition to 
        any information, report, study, or survey that the 
        Administrator may require under subsection (d).
            ``(2) Contents.--Each development statement submitted to 
        the Administrator under paragraph (1) shall contain such 
        information, data, and analyses as the Administrator may 
        require. Such analyses shall include an analysis of the extent 
        to which the program of the Federal agency submitting such 
        development statement conforms with and furthers Federal 
        juvenile crime control and juvenile offender accountability 
        prevention and treatment goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control and 
                juvenile offender accountability development statement 
                transmitted to the Administrator under paragraph (1).
                    ``(B) Inclusion in other documentation.--Such 
                development statement, together with the comments of 
                the Administrator, shall be included by the Federal 
                agency involved in every recommendation or request made 
                by such agency for Federal legislation that 
                significantly affects juvenile crime control and 
                juvenile offender accountability.
    ``(h) Joint Funding.--Notwithstanding any other provision of law, 
if funds are made available by more than one Federal agency to be used 
by any agency, organization, institution, or individual to carry out a 
Federal juvenile delinquency program or activity, any one of the 
Federal agencies providing funds may be requested by the Administrator 
to act for all in administering the funds advanced whenever the 
Administrator finds the program or activity to be exceptionally 
effective or for which the Administrator finds exceptional need. In 
such cases, a single non-Federal share requirement may be established 
according to the proportion of funds advanced by each Federal agency, 
and the Administrator may order any such agency to waive any technical 
grant or contract requirement (as defined in those regulations) which 
is inconsistent with the similar requirement of the administering 
agency or which the administering agency does not impose.''.

SEC. 303. JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY 
              INCENTIVE BLOCK GRANTS.

    (a) In General.--Section 205 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5615) is amended to read 
as follows:

``SEC. 205. JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY 
              INCENTIVE BLOCK GRANTS.

    ``(a) In General.--The Administrator shall make, subject to the 
availability of appropriations, grants to States to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects, directly or through grants and contracts with public and 
private agencies, for the development of more effective investigation, 
prosecution, and punishment (including the imposition of graduated 
sanctions) of crimes or acts of delinquency committed by juveniles, 
programs to improve the administration of justice for and ensure 
accountability by juvenile offenders, and programs to reduce the risk 
factors (such as truancy, drug or alcohol use, and gang involvement) 
associated with juvenile crime or delinquency.
    ``(b) Use of Grants.--Grants under this title may be used--
            ``(1) for programs to enhance the identification, 
        investigation, prosecution, and punishment of juvenile 
        offenders, such as--
                    ``(A) the utilization of graduated sanctions;
                    ``(B) the utilization of short-term confinement of 
                juvenile offenders;
                    ``(C) the incarceration of violent juvenile 
                offenders for extended periods of time; and
                    ``(D) the hiring of juvenile prosecutors, juvenile 
                public defenders, juvenile judges, juvenile probation 
                officers, and juvenile correctional officers to 
                implement policies to control juvenile crime and ensure 
                accountability of juvenile offenders;
            ``(2) for programs that require juvenile offenders to make 
        restitution to the victims of offenses committed by those 
        juvenile offenders;
            ``(3) for programs that require juvenile offenders to 
        attend and successfully complete school or vocational training 
        as part of a sentence imposed by a court;
            ``(4) for programs that require juvenile offenders who are 
        parents to demonstrate parental responsibility by working and 
        paying child support;
            ``(5) for programs that seek to curb or punish truancy;
            ``(6) for programs designed to collect, record, retain, and 
        disseminate information useful in the identification, 
        prosecution, and sentencing of juvenile offenders, such as 
        criminal history information, fingerprints, DNA tests, and 
        ballistics tests;
            ``(7) for juvenile crime control and prevention programs 
        (such as nighttime curfews, youth organizations, antidrug 
        programs, drug testing of offenders, antigang programs, and 
        after school activities) that include a rigorous, comprehensive 
        evaluation component that measures the decrease in risk factors 
        associated with the juvenile crime and delinquency and employs 
        scientifically valid standards and methodologies;
            ``(8) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and treatment of the most serious juvenile 
        offenses and offenders, popularly known as a `SHOCAP Program' 
        (Serious Habitual Offenders Comprehensive Action Program);
            ``(9) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and disruption of youth gangs;
            ``(10) for the construction or remodeling of short- and 
        long-term facilities for juvenile offenders;
            ``(11) for the development and implementation of training 
        programs for juvenile crime control, for law enforcement 
        officers, judges, prosecutors, probation officers, and other 
        court personnel who are employed by State and local 
        governments, in furtherance of the purposes identified in this 
        section;
            ``(12) to provide literacy and job training to juvenile 
        offenders;
            ``(13) to provide substance abuse treatment for juvenile 
        offenders who have a substance abuse problem;
            ``(14) for units of local government, nonprofit community-
        based organizations, and colleges or universities to develop 
        and implement juvenile crime and delinquency prevention 
        programs, on the condition that the funds will not be used to 
        supplant or duplicate existing public or nonprofit programs, 
        services, or facilities, especially in rural areas; and
            ``(15) for programs to seek to target, curb, and punish 
        adults who knowingly and intentionally use a juvenile during 
        the commission or attempted commission of a crime, including 
        programs that specifically provide for additional punishments 
        or sentence enhancements for adults who knowingly and 
        intentionally use a juvenile during the commission or attempted 
        commission of a crime.
    ``(c) Requirements.--To be eligible to receive an incentive grant 
under this section, a State shall make reasonable efforts, as certified 
by the Governor, to ensure that, not later than July 1, 2000--
            ``(1) juveniles age 14 and older may be prosecuted under 
        State law as adults, for an act that would be a serious violent 
        felony (as defined by State law) if committed by an adult;
            ``(2) the State has established graduated sanctions for 
        juvenile offenders, including sanctions for violations of terms 
        of release;
            ``(3) the State, except in the case of a State for any 
        fiscal year through fiscal year 2002 that, for the 5 years 
        preceding the Federal Bureau of Investigation's Uniform Crime 
        Reports for 1996, was among the 5 percent of States with the 
        lowest reported rate per 100,000 persons age 10 to 17 arrested 
        for a violent crime, as reported by the Office of Juvenile 
        Justice and Delinquency Prevention, in its National Reports on 
        Juvenile Offenders and Victims--
                    ``(A) requires that juveniles who are arrested for, 
                or charged with, a crime of violence or an act that 
                would be a felony if committed by an adult, are 
                fingerprinted and photographed, and that the 
                fingerprints, photographs, and notation of the arrest 
                of the juvenile are sent to the Federal Bureau of 
                Investigation;
                    ``(B) maintains a record relating to the 
                adjudication or disposition that is--
                            ``(i) equivalent to the record that would 
                        be kept of an adult conviction for that 
                        offense;
                            ``(ii) retained for a period of time that 
                        is equal to the period of time records are kept 
                        for adult convictions;
                            ``(iii) made available to law enforcement 
                        agencies of any jurisdiction;
                            ``(iv) made available to officials of a 
                        school, school district, or postsecondary 
                        school in which the individual who is the 
                        subject of the juvenile record seeks, intends, 
                        or is instructed to enroll, and that such 
                        officials are held liable to the same standards 
                        and penalties that law enforcement and juvenile 
                        justice system employees are held liable to, 
                        under Federal and State law for handling and 
                        disclosing such information;
                            ``(v) made available to any court having 
                        jurisdiction over such an individual, for the 
                        purpose of allowing the court to consider the 
                        entire juvenile history of the individual; and
                            ``(vi) sent to the Federal Bureau of 
                        Investigation;
            ``(4) the State will not detain or confine any juvenile who 
        is alleged to be or determined to be delinquent--
                    ``(A) in any institution in which the juvenile has 
                prohibited physical contact with adult inmates; or
                    ``(B) for a period of more than 72 hours in any 
                institution in which an adult inmate and a juvenile can 
                engage in sustained oral communication;
            ``(5) the State has established local advisory groups that 
        represent units of local government, and that--
                    ``(A) are balanced and include participants in 
                every phase of juvenile crime control, including the 
                local prosecutor, a juvenile judge, a juvenile 
                probation officer, a public defender, the sheriff, the 
                chief of police, and a juvenile correctional officer 
                and other citizens, as appointed by the chief juvenile 
                judge of the unit of local government; and
                    ``(B) will conduct a thorough assessment of the 
                case processing in juvenile court from arrest to 
                disposition and punishment and effectuate the necessary 
                changes to make the system more efficient, to more 
                effectively control juvenile crime, and to ensure the 
                accountability of juvenile offenders;
            ``(6) the State has an established policy of drug testing 
        (including followup testing) juvenile offenders upon their 
        arrest for any offense within an appropriate category of 
        offenses designated by the chief executive officer of the 
        State; and
            ``(7) amounts made available under this part to the States 
        (or units of local government in the State) will not be used to 
        supplant State or local funds (or in the case of Indian tribal 
        governments, to supplant amounts provided by the Bureau of 
        Indian Affairs) but shall be used to increase the amount of 
        funds that would in the absence of amounts received under this 
        part, be made available from a State or local source, or in the 
        case of Indian tribal governments, from amounts provided by the 
        Bureau of Indian Affairs.
    ``(d) Validity of Certain Judgments.--Nothing in this section shall 
require States, in order to qualify for grants under this title, to 
modify laws concerning the status of any adjudication of juvenile 
delinquency or judgment of conviction under the law of the State that 
entered the judgment.
    ``(e) Distribution by State Offices to Eligible Applicants.--
            ``(1) In general.--Of amounts made available to the State--
                    ``(A) not less than 35 percent shall be designated 
                for programs pursuant to subparagraphs (A), (B), and 
                (C) of subsection (b)(1) and pursuant to subsection 
                (b)(10), except that if the State approves a grant for 
                purposes of construction or remodeling of short- or 
                long-term facilities, that grant shall constitute not 
                more than 50 percent of the estimated construction or 
                remodeling cost and that no funds expended pursuant to 
                this paragraph may be used for the incarceration of 
                adult offenders and no funds expended pursuant to this 
                paragraph may be used for construction, renovation, or 
                expansion of facilities for adult offenders, except 
                that funds may be used to construct juvenile facilities 
                co-located with adult facilities, including separate 
                buildings for juveniles and separate juvenile wings, 
                cells, or areas co-located within an adult jail or 
                lockup;
                    ``(B) not less than 10 percent shall be designated 
                for the enhancement of juvenile record collection and 
                dissemination pursuant to subsection (b)(6) and 
                subsection (c)(3);
                    ``(C) not less than 15 percent shall be designated 
                for drug testing upon arrest for any offense within the 
                category of offenses designated pursuant to subsection 
                (c)(6), and intensive supervision thereafter pursuant 
                to subsections (b)(7) and (c)(6); and
                    ``(D) not less than 75 percent shall be allocated 
                to units of local government within the State, unless 
                the provisions of this subparagraph are waived at the 
                discretion of the Administrator with respect to any 
                State in which the services for delinquent or other 
                youth are organized primarily on a statewide basis.
            ``(2) Eligible applicants.--Entities eligible to receive 
        amounts distributed by the State office under this title are--
                    ``(A) units of local government;
                    ``(B) local police or sheriff's departments;
                    ``(C) State or local prosecutor's offices;
                    ``(D) State or local courts responsible for the 
                administration of justice in cases involving juvenile 
                offenders;
                    ``(E) schools;
                    ``(F) nonprofit, educational, religious, or 
                community groups active in crime prevention or drug use 
                prevention and treatment; or
                    ``(G) any combination of the entities described in 
                subparagraphs (A) through (F).
    ``(f) Application to State Office.--
            ``(1) In general.--To be eligible to receive amounts from 
        the State office, the applicant shall prepare and submit to the 
        State office an application in written form that--
                    ``(A) describes the types of activities and 
                services for which the amount will be provided;
                    ``(B) includes information indicating the extent to 
                which the activities and services achieve the purposes 
                of the title;
                    ``(C) provides for the evaluation component 
                required by section 204(b)(2), which evaluation shall 
                be conducted by an independent entity;
                    ``(D) with respect to construction funds, provides 
                an assessment of the need for detention facilities in 
                the relevant jurisdiction; and
                    ``(E) provides any other information that the State 
                office may require.
            ``(2) Priority.--In approving applications under this 
        section, the State office should give priority to those 
        applicants demonstrating coordination with, consolidation of, 
        or expansion of existing State or local juvenile crime control 
        and juvenile offender accountability programs.
    ``(g) Funding Period.--The State office may award such a grant for 
a period of not more than 3 years.
    ``(h) Renewal of Grants.--The State office may renew grants made 
under this title. After the initial grant period, in determining 
whether to renew a grant to an entity to carry out activities, the 
State office shall give substantial weight to the effectiveness of the 
activities in achieving reductions in crimes committed by juveniles and 
in improving the administration of justice to juvenile offenders.''.
    (b) Repeals; Administrative Provisions.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended by striking sections 206 and 207 and inserting the 
following:

``SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS; 
              GRANTS TO INDIAN TRIBES.

    ``(a) Allocation of Grant Amounts.--
            ``(1) In general.--Subject to paragraph (2), amounts made 
        available under section 205 or part B shall be allocated to the 
        States as follows:
                    ``(A) 0.75 percent shall be allocated to each 
                State.
                    ``(B) Of the total amount remaining after the 
                allocation under subparagraph (A), there shall be 
                allocated to each State an amount that bears the same 
                ratio to the amount of remaining funds described in 
                this subparagraph as the juvenile population of such 
                State bears to the juvenile population of all the 
                States.
            ``(2) Exceptions.--
                    ``(A) In general.--The amount allocated to the 
                Virgin Islands of the United States, Guam, American 
                Samoa, the Trust Territory of the Pacific Islands, and 
                the Commonwealth of the Northern Mariana Islands shall 
                be not less than $75,000 and not more than $100,000.
                    ``(B) Reductions.--In the case of a State which is 
                exempt from the requirements of sections 205(c)(3), and 
                that elects not to comply with the requirements of such 
                subparagraph, such State's allocation under this 
                paragraph shall be reduced by an amount equal to 
the amount which such State would be required to designate under 
section 205(e)(1)(B), or by 10 percent, whichever is less.
            ``(3) Reallocation prohibited.--Any amounts appropriated 
        but not allocated due to the ineligibility or nonparticipation 
        of any State shall not be reallocated, but shall revert to the 
        Treasury at the end of the fiscal year for which they were 
        appropriated.
            ``(4) Administrative costs.--A State, unit of local 
        government, or eligible unit that receives funds under this 
        part may not use more than 0.5 percent of those funds to pay 
        for administrative costs.
            ``(5) Religious nondiscrimination.--
                    ``(A) In general.--The purpose of this paragraph is 
                to allow State and local governments to contract with 
                religious organizations, or to allow religious 
                organizations to accept certificates, vouchers, or 
                other forms of disbursement under any program described 
                in this title, on the same basis as any other 
                nongovernmental provider without impairing the 
                religious character of such organizations, and without 
                diminishing the religious freedom of beneficiaries of 
                assistance funded under such program.
                    ``(B) Nondiscrimination against religious 
                organizations.--A State or local government exercising 
                its authority to distribute grants to applicants under 
                this title shall ensure that religious organizations 
                are eligible, on the same basis as any other private 
                organization, as contractors to provide assistance, or 
                to accept certificates, vouchers, or other forms of 
                disbursement, under any program described in this 
                title, so long as the programs are implemented 
                consistent with the Establishment Clause of the 
                Constitution. Except as provided in subparagraph (J), 
                neither the Federal Government nor a State receiving 
                funds under such programs shall discriminate against an 
                organization that is or that applies to be a contractor 
                to provide assistance, or that is or that applies to be 
                a contractor to provide assistance, or that accepts 
                certificates, vouchers, or other forms of disbursement, 
                on the basis that the organization has a religious 
                character.
                    ``(C) Religious character and freedom.--
                            ``(i) Religious organizations.--A religious 
                        organization that participates in a program 
                        authorized by this title shall retain its 
                        independence from Federal, State, and local 
                        governments, including such organization's 
                        control over the definition, development, 
                        practice, and expression of its religious 
                        beliefs.
                            ``(ii) Additional safeguards.--Neither the 
                        Federal Government nor a State shall require a 
                        religious organization to--
                                    ``(I) alter its form of internal 
                                governance; or
                                    ``(II) remove religious art, icons, 
                                scripture, or other symbols;
                        in order to be eligible to contract to provide 
                        assistance, or to accept certificates, 
                        vouchers, or other forms of disbursements, 
                        funded under a program described in this title.
                    ``(D) Rights of beneficiaries of assistance.--If a 
                beneficiary has an objection to the religious character 
                of the organization or institution from which the 
                beneficiary receives, or would receive, assistance 
                funded under any program described in this title, the 
                State in which the individual resides shall provide 
                such individual (if otherwise eligible for such 
                assistance) within a reasonable period of time after 
                the date of such objection with assistance from an 
                alternative provider.
                    ``(E) Employment practices.--A religious 
                organization's exemption provided under section 702 of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e-1a) 
                regarding employment practices shall not be affected by 
                its participation in, or receipt of funds from, 
                programs described in this title.
                    ``(F) Nondiscrimination against beneficiaries.--
                Except as otherwise provided in law, a religious 
                organization shall not discriminate against an 
                individual in regard to rendering assistance funded 
                under any program described in this title on the basis 
                of religion, a religious belief, or refusal to actively 
                participate in a religious practice.
                    ``(G) Fiscal accountability.--
                            ``(i) In general.--Subject to clause (ii), 
                        any religious organization contracting to 
                        provide assistance funded under any program 
                        under this title shall be subject to the same 
                        regulations as other contractors to account in 
                        accord with generally accepted auditing 
                        principles for the use of such funds provided 
                        under such programs.
                            ``(ii) Limited audit.--If such organization 
                        segregates Federal funds provided under such 
                        programs into separate accounts, then only the 
                        financial assistance provided with such funds 
                        shall be subject to audit.
                    ``(H) Compliance.--Any party that seeks to enforce 
                its rights under this paragraph may assert a civil 
                action for injunctive relief exclusively in an 
                appropriate State court against the entity or agency 
                that allegedly commits such violation.
                    ``(I) Limitations on use of funds for certain 
                purposes.--No funds provided through contracts entered 
                into with institutions or organizations to provide 
                services and administer programs under this title shall 
                be expended for sectarian worship, instruction, or 
                proselytization.
                    ``(J) Preemption.--Nothing in this paragraph shall 
                be construed to preempt any provision of a State 
                constitution or State statute that prohibits or 
                restricts the expenditure of State funds in or by 
                religious organizations.
            ``(6) Restrictions on the use of amounts.--
                    ``(A) Experimentation on individuals.--
                            ``(i) In general.--No amounts made 
                        available to carry out this title may be used 
                        for any biomedical or behavior control 
                        experimentation on individuals or any research 
                        involving such experimentation.
                            ``(ii) Definition of behavior control.--In 
                        this subparagraph, the term `behavior 
                        control'--
                                    ``(I) means any experimentation or 
                                research employing methods that--
                                            ``(aa) involve a 
                                        substantial risk of physical or 
                                        psychological harm to the 
                                        individual subject; and
                                            ``(bb) are intended to 
                                        modify or alter criminal and 
                                        other antisocial behavior, 
                                        including aversive conditioning 
                                        therapy, drug therapy, 
                                        chemotherapy (except as part of 
                                        routine clinical care), 
                                        physical therapy of mental 
                                        disorders, electroconvulsive 
                                        therapy, or physical 
                                        punishment; and
                                    ``(II) does not include a limited 
                                class of programs generally recognized 
                                as involving no such risk, including 
                                methadone maintenance and certain 
                                substance abuse treatment programs, 
                                psychological counseling, parent 
                                training, behavior contracting, 
                                survival skills training, restitution, 
                                or community service, if safeguards are 
                                established for the informed consent of 
                                subjects (including parents or 
                                guardians of minors).
                    ``(B) Prohibition against private agency use of 
                amounts in construction.--No amount made available to 
                any private agency or institution, or to any 
                individual, under this title (either directly or 
                through a State office) may be used for construction.
                    ``(C) Job training.--Except as provided in section 
                222(a)(8)(B)(vi) or section 205(b)(12), no amount made 
                available under this title may be used to carry out a 
                youth employment program to provide subsidized 
                employment opportunities, job training activities, or 
                school-to-work activities for participants.
                    ``(D) Lobbying.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no amount made available under 
                        this title to any public or private agency, 
                        organization or institution, or to any 
                        individual shall be used to pay for any 
                        personal service, advertisement, telegram, 
                        telephone communication, letter, printed or 
                        written matter, or other device intended or 
                        designed to influence a Member of Congress or 
                        any other Federal, State, or local elected 
                        official to favor or oppose any Act, bill, 
                        resolution, or other legislation, or any 
                        referendum, initiative, constitutional 
                        amendment, or any other procedure of Congress, 
                        any State legislature, any local council, or 
                        any similar governing body.
                            ``(ii) Exception.--This subparagraph does 
                        not preclude the use of amounts made available 
                        under this title in connection with 
                        communications to Federal, State, or local 
                        elected officials, upon the request of such 
                        officials through proper official channels, 
                        pertaining to authorization, appropriation, or 
                        oversight measures directly affecting the 
                        operation of the program involved.
                    ``(E) Legal action.--No amounts made available 
                under this title to any public or private agency, 
                organization, institution, or to any individual, shall 
                be used in any way directly or indirectly to file an 
                action or otherwise take any legal action against any 
                Federal, State, or local agency, institution, or 
                employee.
            ``(7) Penalties.--
                    ``(A) In general.--If any amounts are used for the 
                purposes prohibited in either subparagraph (D) or (E) 
                of paragraph (6), or in violation of paragraph (5)--
                            ``(i) all funding for the agency, 
                        organization, institution, or individual at 
                        issue shall be immediately discontinued; and
                            ``(ii) the agency, organization, 
                        institution, or individual using amounts for 
                        the purpose prohibited in subparagraph (D) or 
                        (E) of paragraph (6), or in violation of 
                        paragraph (5), shall be liable for 
                        reimbursement of all amounts granted to the 
                        individual or entity for the fiscal year for 
                        which the amounts were granted.
                    ``(B) Liability for expenses and damages.--In 
                relation to a violation of paragraph (6)(E), the 
                individual filing the lawsuit or responsible for taking 
                the legal action against the Federal, State, or local 
                agency or institution, or individual working for the 
                Government, shall be individually liable for all legal 
                expenses and any other expenses of the Government 
                agency, institution, or individual working for the 
                Government, including damages assessed by the jury 
                against the Government agency, institution, or 
                individual working for the Government, and any punitive 
                damages.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this title--
                    ``(A) $700,000,000 for fiscal year 1998;
                    ``(B) $700,000,000 for fiscal year 1999;
                    ``(C) $700,000,000 for fiscal year 2000;
                    ``(D) $700,000,000 for fiscal year 2001; and
                    ``(E) $700,000,000 for fiscal year 2002.
            ``(2) Allocation of appropriations.--Of amounts authorized 
        to be appropriated under paragraph (1) for each fiscal year--
                    ``(A) $500,000,000 shall be for programs under 
                section 205;
                    ``(B) $50,000,000 shall be for programs under 
                section 290; and
                    ``(C) $150,000,000 shall be for other programs 
                under this title.
            ``(3) Authorization of appropriations for evaluation 
        programs.--There are authorized to be appropriated for the 
        National Institute for Juvenile Justice and Delinquency 
        Prevention for research, demonstration, and evaluation, 
        $50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        and 2002, of which $20,000,000 shall be for evaluation research 
        of primary, secondary, and tertiary juvenile delinquency 
        programs.
            ``(4) Source of sums.--Sums authorized to be appropriated 
        pursuant to this subsection may be derived from the Violent 
        Crime Reduction Trust Fund.
            ``(5) Special grants.--
                    ``(A) Indian tribes.--
                            ``(i) Reservation of funds.--
                        Notwithstanding any other provision of law, 
                        from the amounts appropriated pursuant to 
                        paragraph (1), for each fiscal year, the 
                        Administrator shall reserve an amount equal to 
                        the amount to which all Indian tribes that 
                        qualify for a grant under subsection (d) would 
                        collectively be entitled, if such tribes were 
                        collectively treated as a State to carry out 
                        this paragraph.
                            ``(ii) Grants to indian tribes.--From the 
                        amounts reserved under clause (i), the 
                        Administrator shall make grants to Indian 
                        tribes for programs pursuant to the permissible 
                        purposes under section 205 and part B.
                            ``(iii) Applications.--To be eligible to 
                        receive a grant under this paragraph, an Indian 
                        tribe shall submit to the Administrator an 
                        application in such form and containing such 
                        information as the Administrator may by 
                        regulation require. The requirements of 
                        paragraphs (2), (3), and (5) of section 205(c) 
                        shall apply to grants under this paragraph.
                    ``(B) Technical assistance.--From the amounts 
                appropriated pursuant to paragraph (1), in each fiscal 
                year the Administrator may reserve 0.1 percent for the 
                purpose of providing technical assistance to recipients 
                of grants under this title.
            ``(6) Administration and operations.--There are authorized 
        to be appropriated for the administration and operation of the 
        Office of Juvenile Crime Control and Accountability such sums 
        as may be necessary for each of fiscal years 1998, 1999, 2000, 
        and 2001.
            ``(7) Availability of funds.--Amounts made available 
        pursuant to this subsection, and allocated pursuant to 
        paragraph (1) in any fiscal year shall remain available until 
        expended.
    ``(c) System Support Grants.--Of amounts appropriated pursuant to 
part B, an amount not to exceed 10 percent of those amounts may be 
available for use by the Administrator to provide--
            ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 204, 205, and 221;
            ``(2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the juvenile 
        justice system and reducing and abating delinquent behavior, 
        juvenile crime, and youth violence;
            ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce and abate delinquent behavior, juvenile 
        crime, and youth violence; and
            ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 204, 205, 
        and 221.
    ``(d) Grants to Indian Tribes.--
            ``(1) In general.--
                    ``(A) Plans.--As part of an application for a grant 
                under this subsection, an Indian tribe shall submit a 
                plan for conducting activities described in section 
                205(b). The plan shall--
                            ``(i) provide evidence that the Indian 
                        tribe performs law enforcement functions (as 
                        determined by the Secretary of the Interior);
                            ``(ii) identify the juvenile justice and 
                        delinquency problems and juvenile delinquency 
                        prevention needs to be addressed by activities 
                        conducted by the Indian tribe in the area under 
                        the jurisdiction of the Indian tribe with 
                        assistance provided by the grant;
                            ``(iii) provide for fiscal control and 
                        accounting procedures that--
                                    ``(I) are necessary to ensure the 
                                prudent use, proper disbursement, and 
                                accounting of funds received under this 
                                subchapter; and
                                    ``(II) are consistent with the 
                                requirements of paragraph (2); and
                            ``(iv) contain such other information, and 
                        be subject to such additional requirements, as 
                        the Administrator may reasonably prescribe to 
                        ensure the effectiveness of the grant program 
                        under this subpart.
                    ``(B) Factors for consideration.--In awarding 
                grants under this section, the Administrator shall 
                consider--
                            ``(i) the resources that are available to 
                        each applicant that will assist, and be 
                        coordinated with, the overall juvenile justice 
                        system of the Indian tribe; and
                            ``(ii) for each Indian tribe that receives 
                        assistance under such a grant--
                                    ``(I) the relative population of 
                                individuals under the age of 18; and
                                    ``(II) who will be served by the 
                                assistance provided by the grant.
                    ``(C) Grant awards.--
                            ``(i) In general.--
                                    ``(I) Competitive awards.--Except 
                                as provided in clause (ii), the 
                                Administrator shall annually award 
                                grants under this section on a 
                                competitive basis. The Administrator 
                                shall enter into a grant agreement with 
                                each grant recipient under this 
                                subsection that specifies the terms and 
                                conditions of the grant.
                                    ``(II) Period of grant.--The period 
                                of a grant awarded under this 
                                subsection shall be 1 year.
                            ``(ii) Exception.--In any case in which the 
                        Administrator determines that a grant recipient 
                        under this section has performed satisfactorily 
                        during the preceding year in accordance with an 
                        applicable grant agreement, the Administrator 
                        may--
                                    ``(I) waive the requirement that 
                                the recipient be subject to the 
                                competitive award process described in 
                                clause (i); and
                                    ``(II) renew the grant for an 
                                additional grant period (as specified 
                                in clause (i)(II)).
                            ``(iii) Modifications of processes.--The 
                        Administrator may prescribe requirements to 
                        provide for appropriate modifications to the 
                        plan preparation and application process 
                        specified in this section for an application 
                        for a renewal grant under this subsection.
            ``(2) Reporting requirement.--Each Indian tribe that 
        receives a grant under paragraph (1) is subject to the fiscal 
        accountability provisions of section 5(f)(1) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450c(f)(1)), relating to the submission of a single-agency 
        audit report required by chapter 75 of title 31, United States 
        Code.
            ``(3) Matching requirement.--Funds appropriated by Congress 
        for the activities of any agency of an Indian tribal government 
        or the Bureau of Indian Affairs performing law enforcement 
        functions on any Indian lands may be used to provide the non-
        Federal share of any program or project with a matching 
        requirement funded under this paragraph.
            ``(4) Rule of construction.--Nothing in this subsection may 
        be construed to affect in any manner the jurisdiction of an 
        Indian tribe with respect to land or persons in Alaska.

``SEC. 207. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority of Administrator.--The Office shall be administered 
by the Administrator under the general authority of the Attorney 
General.
    ``(b) Applicability of Certain Crime Control Provisions.--Sections 
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c), 
3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall apply 
with respect to the administration of and compliance with this Act, 
except that for purposes of this Act--
            ``(1) any reference to the Office of Justice Programs in 
        such sections shall be considered to be a reference to the 
        Assistant Attorney General who heads the Office of Justice 
        Programs; and
            ``(2) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this Act.
    ``(c) Applicability of Certain Other Crime Control Provisions.--
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply 
with respect to the administration of and compliance with this Act, 
except that, for purposes of this Act--
            ``(1) any reference to the Attorney General, the Assistant 
        Attorney General who heads the Office of Justice Programs, the 
        Director of the National Institute of Justice, the Director of 
        the Bureau of Justice Statistics, or the Director of the Bureau 
        of Justice Assistance shall be considered to be a reference to 
        the Administrator;
            ``(2) any reference to the Office of Justice Programs, the 
        Bureau of Justice Assistance, the National Institute of 
        Justice, or the Bureau of Justice Statistics shall be 
        considered to be a reference to the Office of Juvenile Crime 
        Control and Accountability; and
            ``(3) the term `this title' as it appears in those sections 
        shall be considered to be a reference to this Act.
    ``(d) Rules, Regulations, and Procedures.--The Administrator may, 
after appropriate consultation with representatives of States and units 
of local government, establish such rules, regulations, and procedures 
as are necessary for the exercise of the functions of the Office and as 
are consistent with the purpose of this Act.
    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--
            ``(1) the program or activity for which the grant or 
        contract involved was made has been so changed that the program 
        or activity no longer complies with this title; or
            ``(2) in the operation of such program or activity there is 
        failure to comply substantially with any provision of this 
        title.''.

SEC. 304. STATE PLANS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in part B--
                    (A) in section 221, by striking ``units of general 
                local government'' each place that term appears and 
                inserting ``units of local government'';
                    (B) in section 221(b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``section 223'' and 
                                inserting ``section 222''; and
                                    (II) by striking ``section 223(c)'' 
                                and inserting ``section 222(c)''; and
                            (ii) in paragraph (2), by striking 
                        ``section 299(c)(1)'' and inserting ``section 
                        222(a)(1)''; and
                    (C) by striking sections 222 and 223 and inserting 
                the following:

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(b)(2)(A), for carrying out its purposes applicable to a 3-year period. 
The State shall submit annual performance reports to the Administrator, 
each of which shall describe progress in implementing programs 
contained in the original plan, and shall describe the status of 
compliance with State plan requirements. In accordance with regulations 
that the Administrator shall prescribe, such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of local government, or combinations 
        thereof, in the development of a State plan that adequately 
        takes into account the needs and requests of local governments, 
        except that nothing in the plan requirements, or any 
        regulations promulgated to carry out such requirements, shall 
        be construed to prohibit or impede the State from making grants 
        to, or entering into contracts with, local private agencies, 
        including religious organizations;
            ``(4) provide that the chief executive officer of the unit 
        of local government shall assign responsibility for the 
        preparation and administration of the unit of local 
        government's part of a State plan, or for the supervision of 
        the preparation and administration of the local government's 
        part of the State plan, to that agency within the unit of local 
        government's structure or to a regional planning agency (in 
        this part referred to as the `local agency') which can most 
        effectively carry out the purposes of this part and 
shall provide for supervision of the programs funded under this part by 
that local agency;
            ``(5)(A) provide for--
                    ``(i) an analysis of juvenile crime problems 
                (including the joining of gangs that commit crimes) and 
                juvenile justice and delinquency prevention needs 
                (including educational needs) within the relevant 
                jurisdiction (including any geographical area in which 
                an Indian tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                jurisdiction;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                delinquency programs with respect to overall policy and 
                development of objectives and priorities for all State 
                juvenile delinquency programs and activities, including 
                provision for regular meetings of State officials with 
                responsibility in the area of juvenile justice and 
                delinquency prevention;
            ``(B) contain--
                    ``(i) an analysis of services for the prevention 
                and treatment of juvenile delinquency in rural areas, 
                including the need for such services, the types of such 
                services available in rural areas, and geographically 
                unique barriers to providing such services; and
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
            ``(C) contain--
                    ``(i) an analysis of mental health services 
                available to juveniles in the juvenile justice system 
                (including an assessment of the appropriateness of the 
                particular placements of juveniles in order to receive 
                such services) and of barriers to access to such 
                services; and
                    ``(ii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(6) provide for the active consultation with and 
        participation of private agencies in the development and 
        execution of the State plan; and provide for coordination and 
        maximum utilization of existing juvenile delinquency programs 
        and other related programs, such as education, special 
        education, recreation, health, and welfare within the State;
            ``(7) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(8) provide that, of the funds made available to the 
        State pursuant to grants under section 221, whether expended 
        directly by the State, by the unit of local government, or by a 
        combination thereof, or through grants and contracts with 
        public or private nonprofit agencies--
                    ``(A) not less than 40 percent shall be used for 
                programs that, in recognition of varying degrees of the 
                seriousness of delinquent behavior and the 
                corresponding gradations in the responses of the 
                juvenile justice system in response to that behavior, 
                are designed to--
                            ``(i) implement an accountability-based 
                        juvenile justice system that provides 
                        substantial and appropriate sanctions, that are 
                        graduated to reflect the severity or repeated 
                        nature of violations, for each delinquent or 
                        criminal act;
                            ``(ii) encourage courts to develop and 
                        implement a continuum of post-adjudication 
                        restraints that bridge the gap between 
                        traditional probation and confinement in a 
                        correctional setting (including expanded use of 
                        probation, mediation, restitution, community 
                        service, treatment, home detention, intensive 
                        supervision, electronic monitoring, boot camps 
                        and similar programs, and secure community-
                        based treatment facilities linked to other 
                        support services such as health, mental health, 
                        education (remedial and special), job training, 
                        and recreation); and
                            ``(iii) assist in the provision by the 
                        Administrator of information and technical 
                        assistance, including technology transfer, to 
                        States in the design and utilization of risk 
                        assessment mechanisms to aid juvenile justice 
                        personnel in determining appropriate sanctions 
                        for delinquent behavior; and
                    ``(B) not less than 35 percent shall be used for--
                            ``(i) community-based alternatives 
                        (including home-based alternatives) to 
                        incarceration and institutionalization, 
                        specifically--
                                    ``(I) for youth who can remain at 
                                home with assistance, home probation 
                                and programs providing professional 
                                supervised group activities or 
                                individualized mentoring relationships 
                                with adults that involve the family and 
                                provide counseling and other supportive 
                                services;
                                    ``(II) for youth who need temporary 
                                placement, crisis intervention, 
                                shelter, and after-care; and
                                    ``(III) for youth who need 
                                residential placement, a continuum of 
                                foster care or group home alternatives 
                                that provide access to a comprehensive 
                                array of services;
                            ``(ii) community-based programs and 
                        services to work with--
                                    ``(I) parents and other family 
                                members to strengthen families, 
                                including parent self-help groups, so 
                                that juveniles may be retained in their 
                                homes;
                                    ``(II) juveniles during their 
                                incarceration, and with their families, 
                                to ensure the safe return of such 
                                juveniles to their homes and to 
                                strengthen the families; and
                                    ``(III) parents with limited-
                                English speaking ability, particularly 
                                in areas where there is a large 
                                population of families with limited-
                                English speaking ability;
                            ``(iii) comprehensive juvenile justice and 
                        delinquency prevention programs that meet the 
                        needs of youth through the collaboration of the 
                        many local systems before which a youth may 
                        appear, including schools, courts, law 
                        enforcement agencies, child protection 
                        agencies, mental health agencies, welfare 
                        services, health care agencies, and private 
                        nonprofit agencies offering youth services;
                            ``(iv) expanded use of home probation and 
                        recruitment and training of home probation 
                        officers, other professional and 
                        paraprofessional personnel, and volunteers to 
                        work effectively to allow youth to remain at 
                        home with their families as an alternative to 
                        incarceration or institutionalization;
                            ``(v) youth-initiated outreach programs 
                        designed to assist youth (including youth with 
                        limited proficiency in English) who otherwise 
                        would not be reached by traditional youth 
                        assistance programs;
                            ``(vi) programs designed to develop and 
                        implement projects relating to juvenile 
                        delinquency and learning disabilities, 
                        including on-the-job training programs to 
                        assist community services, law enforcement, and 
                        juvenile justice personnel to more effectively 
                        recognize and provide for learning disabled and 
                        other handicapped youth;
                            ``(vii) projects designed both to deter 
                        involvement in illegal activities and to 
                        promote involvement in lawful activities on the 
                        part of gangs whose membership is substantially 
                        composed of youth;
                            ``(viii) programs and projects designed to 
                        provide for the treatment of youths' dependence 
                        on or abuse of alcohol or other addictive or 
                        nonaddictive drugs;
                            ``(ix) programs designed to prevent and 
                        reduce hate crimes committed by juveniles, 
                        including educational programs and sentencing 
                        programs designed specifically for juveniles 
                        who commit hate crimes and that provide 
                        alternatives to incarceration; and
                            ``(x) programs (including referral to 
                        literacy programs and social service programs) 
                        to assist families with limited-English 
                        speaking ability that include delinquent 
                        juveniles to overcome language and cultural 
                        barriers that may prevent the complete 
                        treatment of such juveniles and the 
                        preservation of their families;
            ``(9) provide that the State shall not detain or confine 
        juveniles who are alleged to be or determined to be delinquent 
        in any institution in which the juvenile has prohibited 
        physical contact with adult inmates, or detain or confine any 
        such juvenile for a period of more than 72 hours in any 
        institution in which an adult inmate and a juvenile can engage 
        in sustained oral communication;
            ``(10)(A) provide that juveniles described in subparagraph 
        (B)--
                    ``(i) shall not be confined in any jail, lockup, or 
                other facility for adults for more than 24 hours, 
                excluding weekends and holidays; and
                    ``(ii) shall not be placed in a secure detention 
                facility or secure correctional facility--
                            ``(I) if such a juvenile is a dependent, 
                        abused, or neglected child, or an alien 
                        juvenile in custody;
                            ``(II) except that juveniles who are 
                        runaways may be placed in a secure detention or 
                        secure correctional facility for up to 14 days 
                        if, following a hearing not later than 24 hours 
                        after such a juvenile is taken into custody, 
                        excluding weekends and holidays, the court 
                        makes a written finding that--
                                    ``(aa) the behavior of the juvenile 
                                constitutes a clear and present danger 
                                to the physical or emotional well-being 
                                of the youth;
                                    ``(bb) secure detention is 
                                necessary for guarding the safety of 
                                the juvenile; and
                                    ``(cc) the juvenile's detention is 
                                for a period that is not longer than 
                                necessary to obtain a suitable 
                                placement for the juvenile; and
                            ``(III) except that juveniles not described 
                        in subclause (I) or (II) may be placed in a 
                        secure detention or secure correctional 
                        facility for up to 72 hours, if, following a 
                        hearing not later than 24 hours after the 
                        juvenile is taken into custody, excluding 
                        weekends and holidays, the court makes written 
                        findings setting forth--
                                    ``(aa) the reasons the court 
                                believes secure detention is necessary; 
                                and
                                    ``(bb) the reasons the court 
                                believes other sanctions, placement, or 
                                interventions are inadequate; and
            ``(B) juveniles described in this subparagraph are--
                    ``(i) juveniles charged with, or who have 
                committed, an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(I) juveniles who are charged with, or 
                        who have committed, a violation of section 
                        922(x) of title 18, United States Code, or of a 
                        similar State law; and
                            ``(II) juveniles who are charged with, or 
                        who have committed, a violation of a valid 
                        court order; and
                    ``(ii) juveniles--
                            ``(I) who are not charged with any offense; 
                        and
                            ``(II) who are--
                                    ``(aa) aliens; or
                                    ``(bb) alleged to be dependent, 
                                neglected, or abused;
            ``(11) provide assurances that youth in the juvenile 
        justice system are treated equitably on the basis of gender, 
        race, family income, and mentally, emotionally, or physically 
        handicapping conditions;
            ``(12) provide assurances that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members when possible and appropriate and the provision 
        of family counseling during the incarceration of juvenile 
        family members and coordination of family services when 
        appropriate and feasible);
            ``(13) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(14) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(15) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be so used 
        as to supplement and increase (but not supplant) the level of 
        the State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
            ``(16) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of State and local needs, that the agency considers 
        necessary;
            ``(17) require that the State or each unit of local 
        government that is a recipient of amounts under this part 
        spends those amounts, to the extent feasible, in proportion to 
        the amount of juvenile crime committed within each relevant 
        sector of the relevant geographic region;
            ``(18) provide assurances that any assistance provided 
        under this act will not cause the displacement (including a 
        partial displacement, such as a reduction in the hours of 
        nonovertime work, wages, or employment benefits) of any 
        employee who is a current employee at the time that the 
        assistance is provided; and
            ``(19) require that the State or each unit of local 
        government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any person not having attained the age of 18 
        be tested for the presence of any sexually transmitted disease 
        and that the results of such test be provided to the victim or 
to the family of the victim as well as to any court or other government 
agency with primary authority for sentencing the person convicted for 
the commission of the sexual act or sexual contact (as those terms are 
defined in paragraphs (2) and (3), respectively, of section 2246 of 
title 18, United States Code) involving a person not having attained 
the age of 18.
The failure to comply with paragraph (19) within a reasonable amount of 
time after the date of enactment of the Violent and Repeat Juvenile 
Offender Act of 1997 shall result in the loss of 10 percent of the 
funds to which the State or each unit of local government that is a 
recipient of amounts under this part is otherwise entitled.
    ``(b) Approval by State Agency.--
            ``(1) State agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to the 
        Administrator.
            ``(2) State advisory group.--
                    ``(A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as the 
                `State Advisory Group', consisting of representatives 
                from both the private and public sector. The State 
                shall ensure that members of the State Advisory Group 
                shall have experience in the area of juvenile 
                delinquency prevention, the prosecution of juvenile 
                offenders, the treatment of juvenile delinquency, the 
                investigation of juvenile crimes, or the administration 
                of juvenile justice programs. The chairperson of the 
                State Advisory Group shall not be a full-time employee 
                of the Federal Government or the State government.
                    ``(B) Consultation.--
                            ``(i) In general.--The State shall consult 
                        with the State Advisory Group established under 
                        subparagraph (A) in developing and reviewing 
                        the State plan under this section.
                            ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of the State on an annual basis 
                        regarding recommendations related to the 
                        State's compliance under this section.
                    ``(C) Funding.--The State is authorized to make 
                available to the State Advisory Group such sums as may 
                be necessary to assist the State Advisory Group in 
                adequately performing its duties under this paragraph.
    ``(c) Approval by Administrator; Compliance With Statutory 
Requirements.--
            ``(1) In general.--The Administrator shall approve any 
        State plan and any modification thereof that meets the 
        requirements of this section.
            ``(2) Reduced allocations.--If a State fails to comply with 
        any requirement of subsection (a)(9) in any fiscal year 
        beginning after January 1, 1998, the State shall be ineligible 
        to receive any allocation under that section for such fiscal 
        year unless--
                    ``(A) the State agrees to expend all the remaining 
                funds the State receives under this part for that 
                fiscal year only to achieve compliance with such 
                paragraph; or
                    ``(B) the Administrator determines, in the 
                discretion of the Administrator, that the State--
                            ``(i) has achieved substantial compliance 
                        with such paragraph; and
                            ``(ii) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance within 
                        a reasonable time.'';
            (2) by striking parts E and F, and each part designated as 
        part I (including the part redesignated as part I by section 
        2(i)(1)(A) of Public Law 102-586 and the part added and 
        designated as part I pursuant to section 2(i)(1)(C) of such 
        Act);
            (3) by redesignating part G as part E;
            (4) in section 241--
                    (A) in subsection (a), by striking ``Juvenile 
                Justice and Delinquency Prevention Office'' and 
                inserting ``Office of Juvenile Crime Control and 
                Accountability'';
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (2) as 
                        paragraph (4);
                            (iii) in paragraph (4), as redesignated--
                                    (I) by striking ``education 
                                personnel recreation'' and inserting 
                                ``education personnel, recreation''; 
                                and
                                    (II) by striking ``park 
                                personnel,,'' and inserting ``park 
                                personnel,''; and
                            (iv) by inserting after paragraph (1) the 
                        following:
            ``(2) for the rigorous and independent evaluation of the 
        delinquency and youth violence prevention programs funded under 
        this title;
            ``(3) funding for research and demonstration projects on 
        the nature, causes, and prevention of juvenile violence and 
        juvenile delinquency; and'';
                    (C) in subsection (e)--
                            (i) in paragraph (4), by adding ``and'' at 
                        the end;
                            (ii) in paragraph (5), by striking ``; 
                        and'' and inserting a period; and
                            (iii) by striking paragraph (6); and
                    (D) by striking subsection (f) and inserting the 
                following:
    ``(f) Duties of the Institute.--
            ``(1) In general.--The Institute shall make grants and 
        enter into contracts for the purposes of evaluating programs 
        established and funded with State formula grants, research and 
        demonstration projects funded by the National Institute of 
        Juvenile Justice and Delinquency, and discretionary funding of 
        the Office of Juvenile Crime Control and Accountability.
            ``(2) Requirements.--Evaluations and research studies 
        funded by the Institute shall--
                    ``(A) be independent in nature;
                    ``(B) be awarded competitively; and
                    ``(C) employ rigorous and scientifically recognized 
                standards and methodologies, including peer review by 
                nonapplicants.'';
            (5) in section 243(a)--
                    (A) in paragraph (1), by striking ``seek to 
                strengthen and preserve families or which'';
                    (B) in paragraph (3)--
                            (i) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B), respectively; and
                            (ii) in subparagraph (B), as so designated, 
                        by inserting ``best practices of'' before 
                        ``information and technical assistance'';
                    (C) in paragraph (4)--
                            (i) by striking ``Encourage'' and inserting 
                        ``encourage''; and
                            (ii) by striking ``take into 
                        consideration'' and all that follows before the 
                        semicolon and inserting the following: 
                        ``through control and incarceration, if 
                        necessary, provide therapeutic intervention 
                        such as providing skills'';
                    (D) by striking the second paragraph designated as 
                paragraph (5) (as added by section 2(g)(3) of Public 
                Law 102-586);
                    (E) by striking paragraphs (6) and (7) and 
                inserting the following:
            ``(6) prepare, in cooperation with education institutions, 
        with Federal, State, and local agencies, and with appropriate 
        individuals and private agencies, such studies as it considers 
        to be necessary with respect to prevention of and intervention 
        with juvenile violence and delinquency and the improvement of 
        juvenile justice systems, including--
                    ``(A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                    ``(B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs designed to 
                prevent youth violence and juvenile delinquency;
                    ``(C) studies of the extent, nature, risk, and 
                protective factors, and causes of youth violence and 
                juvenile delinquency;
                    ``(D) comparisons of youth adjudicated and treated 
                by the juvenile justice system compared to juveniles 
                waived to and adjudicated by the adult criminal justice 
                system (including incarcerated in adult, secure 
                correctional facilities);
                    ``(E) recommendations with respect to effective and 
                ineffective primary, secondary, and tertiary prevention 
                interventions, including for which juveniles, and under 
                what circumstances (including circumstances connected 
                with the staffing of the intervention), prevention 
                efforts are effective and ineffective; and
                    ``(F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding pretrial 
                detention;'';
                    (F) by redesignating paragraphs (8) and (9) as 
                paragraphs (7) and (8), respectively;
                    (G) in paragraph (8), as redesignated, by adding 
                ``and'' at the end; and
                    (H) by striking paragraphs (10) through (13) and 
                redesignating paragraph (14) as paragraph (9);
            (6) in section 243(b)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (a)(9)'' and 
                        inserting ``subsection (a)(8)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) regular reports on the record of each State on 
        objective measurements of youth violence, such as the number, 
        rate, and trend of homicides committed by youths.'';
            (7) by striking sections 244 through 248 and inserting the 
        following:

``SEC. 244. REPORT ON STATUS OFFENDERS.

    ``The National Institute of Juvenile Justice and Delinquency 
Prevention shall conduct a study on the effect of incarceration on 
status offenders compared to similarly situated individuals who are not 
placed in secure detention in terms of the continuation of their 
inappropriate or illegal conduct, delinquency, or future criminal 
behavior, and evaluating the safety of status offenders placed in 
secure detention. The study shall be completed not later than September 
1, 2002. Copies of the report shall be provided to the Chairmen and 
Ranking Members of the Committees on the Judiciary of the Senate and 
the House of Representatives.'';
            (8) by striking the heading for subpart II of part C of 
        title II;
            (9) by striking section 261 and redesignating section 262 
        as section 245;
            (10) in section 245, as redesignated--
                    (A) by striking ``this part'' each place that term 
                appears and inserting ``section 243'';
                    (B) in subsection (b)--
                            (i) in paragraph (4), by adding ``and'' at 
                        the end; and
                            (ii) by striking paragraphs (5) through (7) 
                        and redesignating paragraph (8) as paragraph 
                        (5);
                    (C) by striking subsection (c) and inserting the 
                following:
    ``(c) Factors for Consideration.--In determining whether or not to 
approve applications for grants and for contracts under this part, the 
Administrator shall consider--
            ``(1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control groups, 
        psychometrically sound measurement, and appropriate data 
        analysis techniques;
            ``(2) the experience of the principal and co-principal 
        investigators in the area of youth violence and juvenile 
        delinquency;
            ``(3) the protection offered human subjects in the study, 
        including informed consent procedures; and
            ``(4) the cost-effectiveness of the proposed project.'';
                    (D) in subsection (d)--
                            (i) in paragraph (1)(A), by striking 
                        ``(other than section 241(f))'';
                            (ii) in paragraph (1)(B)--
                                    (I) in clause (i), by striking ``; 
                                or'' and inserting a period;
                                    (II) by striking clause (ii); and
                                    (III) by striking ``process--'' and 
                                all that follows through ``with respect 
                                to programs'' and inserting ``process 
                                with respect to programs''; and
                            (iii) in paragraph (2)--
                                    (I) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) Programs selected for assistance through 
                grants and contracts under this part shall be selected 
                after a competitive process that provides potential 
                grantees and contractors with not less than 90 days to 
                submit applications for funds. Applications for funds 
                shall be reviewed through a formal peer review process 
                by qualified scientists with expertise in the fields of 
                criminology, juvenile delinquency, sociology, 
                psychology, research methodology, evaluation research, 
                statistics, and related areas. The peer review process 
                shall conform to the process used by the National 
                Institutes of Health, the National Institute of 
                Justice, or the National Science Foundation''; and
                                    (II) in subparagraph (B), by 
                                striking ``Committee on Education and 
                                Labor'' and inserting ``Committee on 
                                the Judiciary''; and
            (11) in section 282--
                    (A) by inserting the following section heading:

                              ``grants'';

                    (B) in subsection (a)(2), by striking 
                ``enforcement'' and all that follows through 
                ``members'' and inserting ``the disruption and 
                prosecution of gangs''; and
                    (C) in subsection (b)--
                            (i) by redesignating paragraphs (1) through 
                        (6) as paragraphs (2) through (7), 
                        respectively; and
                            (ii) by inserting before paragraph (2), as 
                        redesignated, the following:
            ``(1) the hiring of additional State and local prosecutors, 
        and the establishment and operation of programs, including 
        multijurisdictional task forces, for the disruption and 
        prosecution of gangs and gang members;'';
            (12) in section 282A, by adding at the end the following:
    ``(d) Priority.--In approving grants under this part, the 
Administrator shall give priority to grants for programs conducted 
pursuant to subsections (a)(2) and (b)(1) of section 282.''; and
            (13) by redesignating part H as part F.

SEC. 305. GRANTS TO PROSECUTORS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601) is amended by inserting after part F, as redesignated by 
section 304, the following:

 ``PART G--GRANTS TO PROSECUTORS AND COURTS FOR STATE JUVENILE JUSTICE 
                                SYSTEMS

``SEC. 290. GRANT AUTHORITY.

    ``(a) In General.--The Administrator may make grants in accordance 
with this part to States and units of local government to assist--
            ``(1) State and local prosecutors having jurisdiction over 
        juvenile offender cases; and
            ``(2) State and local courts with juvenile offender 
        dockets.
    ``(b) Grant Purposes.--Subject to subsection (c), grants under this 
part may be used--
            ``(1) to hire additional prosecutors, together with 
        necessary support staff, for the prosecution of crimes and acts 
        of delinquency committed by juveniles and interstate criminal 
        gang activity, such as illegal drug trafficking;
            ``(2) to provide funding to enable juvenile prosecutors to 
        address drug, gang, and youth violence programs more 
        effectively;
            ``(3) for technology, equipment, and training for 
        prosecutors to--
                    ``(A) implement an accountability-based juvenile 
                justice system that provides substantial and 
                appropriate sanctions that are graduated in such manner 
                as to reflect (for each delinquent act or criminal 
                offense) the severity or repeated nature of that act or 
                offense; and
                    ``(B) prosecute juvenile violent offenders;
            ``(4) to hire, for juvenile courts or adult courts with 
        juvenile offender dockets, additional judges, probation 
        officers, other necessary court personnel, victims counselors, 
        and public defenders; and
            ``(5) to provide funding to enable juvenile courts and 
        juvenile probation officers to address drug, gang, and youth 
        violence problems more effectively.
    ``(c) Restriction.--Of amounts received by a State or unit of local 
government under this part, not more than 25 percent may be used for 
the purposes specified in paragraphs (4) and (5) of subsection (b).

``SEC. 290A. APPLICATION.

    ``(a) In General.--Each State or unit of local government that 
applies for a grant under this part shall submit an application to the 
Administrator, in such form and containing such information as the 
Administrator may by regulation reasonably require.
    ``(b) Requirements.--In submitting an application for a grant under 
this part, a State or unit of local government shall provide assurances 
that the State or unit of local government will--
            ``(1) give priority to the prosecution of violent juvenile 
        offenders;
            ``(2) seek and impose substantial and appropriate sanctions 
        for the earliest acts of delinquency or for crimes committed by 
        juveniles, in order to deter future violations;
            ``(3) give adequate consideration to the rights and needs 
        of victims of juvenile offenders; and
            ``(4) use amounts received under this part to supplement 
        (and not supplant) State and local resources.

``SEC. 290B. ALLOCATION OF GRANTS.

    ``(a) Allocation of Grants.--
            ``(1) In general.--
                    ``(A) Allocation to states.--
                            ``(i) In general.--In awarding grants under 
                        this part, the Administrator may award grants 
                        provided for a State (including units of local 
                        government in that State) an aggregate amount 
                        equal to 0.75 percent of the amount made 
                        available to the Administrator by 
                        appropriations made pursuant to section 
                        206(b)(2) (reduced by amounts reserved under 
                        subsection (b)).
                            ``(ii) Adjustment.--If the Administrator 
                        determines that an insufficient number of 
                        applications have been submitted for a State, 
                        the Administrator may adjust the aggregate 
                        amount awarded for a State under clause (i).
                    ``(B) Remaining amounts.--Of the adjusted amounts 
                available to the Administrator to carry out the grant 
                program under this section referred to in subparagraph 
(A) that remain after the Administrator distributes the amounts 
specified in that subparagraph (referred to in this subparagraph as the 
`remaining amount') the Administrator may award an additional aggregate 
amount to each State (including any political subdivision thereof) that 
(or with respect to which a political subdivision thereof) submits an 
application that is approved by the Administrator under this section 
that bears the same ratio to the remaining amount as the population of 
juveniles residing in that State bears to the population of juveniles 
residing in all States.
            ``(2) Equitable distribution.--The Administrator shall 
        ensure that the distribution of grant amounts made available 
        for a State (including units of local government in that State) 
        under this section is made on an equitable geographic basis, to 
        ensure that--
                    ``(A) an equitable amount of available funds are 
                directed to rural areas, including those jurisdictions 
                serving smaller urban and rural communities located 
                along interstate transportation routes that are 
                adversely affected by interstate criminal gang 
                activity, such as illegal drug trafficking; and
                    ``(B) the amount allocated to a State is equitably 
                divided between the State, counties, and other units of 
                local government to reflect the relative 
                responsibilities of each such unit of local government.
    ``(b) Administration; Technical Assistance.--
            ``(1) In general.--The Administrator may reserve for each 
        fiscal year not more than 2 percent of amounts appropriated 
        pursuant to section 206(b)(2)(B)--
                    ``(A) for the administration of this part; and
                    ``(B) for the provision of technical assistance to 
                recipients of or applicants for grant awards under this 
                part.
            ``(2) Carryover provision.--Any amounts reserved for any 
        fiscal year pursuant to paragraph (1) that are not expended 
        during that fiscal year shall remain available until expended, 
        except that any amount reserved under this subsection for the 
        succeeding fiscal year from amounts made available by 
        appropriations shall be reduced by an amount equal to the 
        amount that remains available.
    ``(c) Availability of Funds.--Any grant amounts awarded under this 
part shall remain available until expended.''.

SEC. 306. RUNAWAY AND HOMELESS YOUTH.

    (a) In General.--Section 372(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)) is amended by 
striking ``unit of general local government'' and inserting ``unit of 
local government''.
    (b) Authorization of Appropriations.--Section 385 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1998 and such sums as may be 
                necessary for each of fiscal years 1999, 2000, 2001, 
                and 2002''; and
                    (B) in paragraph (3), by striking subparagraphs (A) 
                through (D) and inserting the following:
            ``(A) for fiscal year 1998, not less than $957,285;
            ``(B) for fiscal year 1999, not less than $1,005,150;
            ``(C) for fiscal year 2000, not less than $1,055,406;
            ``(D) for fiscal year 2001, not less than $1,108,177; and
            ``(E) for fiscal year 2002, not less than $1,163,585.'';
            (2) in subsection (b), by striking ``1993 and such sums as 
        may be necessary for fiscal years 1994, 1995, and 1996'' and 
        inserting ``1998 and such sums as may be necessary for each of 
        fiscal years 1999, 2000, 2001, and 2002''; and
            (3) in subsection (c), by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    Title IV of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5771 et seq.) is amended--
            (1) in section 403, by striking paragraph (2) and inserting 
        the following:
            ``(2) the term `Administrator' means the Administrator of 
        the Office of Juvenile Crime Control and Accountability.'';
            (2) in section 404--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) in subsection (b)--
                            (i) by striking ``The Administrator'' and 
                        all that follows through ``shall--'' and insert 
                        the following: ``The Administrator shall make 
                        grants to or enter into contracts with the 
                        National Center for Missing and Exploited 
                        Children, for purposes of--'';
                            (ii) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``establish and operate'' and 
                                inserting ``providing''; and
                                    (II) in subparagraph (B), by adding 
                                ``and'' at the end;
                            (iii) in paragraph (2)--
                                    (I) by striking ``establish and 
                                operate'' and inserting ``operating'';
                                    (II) in subparagraph (A), by 
                                inserting ``foreign governments,'' 
                                after ``State and local governments,''; 
                                and
                                    (III) in subparagraph (D)--
                                            (aa) by inserting ``foreign 
                                        governments,'' after ``State 
                                        and local governments,''; and
                                            (bb) by striking ``; and'' 
                                        at the end and inserting a 
                                        period;
                            (iv) in paragraph (3), by striking ``(3) 
                        periodically'' and inserting the following:
    ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
            ``(1) periodically''; and
                            (v) in subsection (c), as so designated, by 
                        redesignating paragraph (4) as paragraph (2);
            (3) in section 405(a), by inserting ``the National Center 
        for Missing and Exploited Children and with'' before ``public 
        agencies''; and
            (4) in section 408, by striking ``2001'' and inserting 
        ``2002''.

SEC. 308. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--In this section, unless otherwise provided or 
indicated by the context:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability established by operation of subsection (b).
            (2) Administrator of the office.--The term ``Administrator 
        of the Office'' means the Administrator of the Office of 
        Juvenile Justice and Delinquency Prevention.
            (3) Bureau of justice assistance.--The term ``Bureau of 
        Justice Assistance'' means the bureau established under section 
        401 of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' by section 551(1) of title 5, 
        United States Code.
            (5) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (6) Office of juvenile crime control and accountability.--
        The term ``Office of Juvenile Crime Control and 
        Accountability'' means the office established by operation of 
        subsection (b).
            (7) Office of juvenile justice and delinquency 
        prevention.--The term ``Office of Juvenile Justice and 
        Delinquency Prevention'' means the Office of Juvenile Justice 
        and Delinquency Prevention of the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act.
            (8) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Office of 
Juvenile Crime Control and Accountability all functions that the 
Administrator of the Office exercised before the date of enactment of 
this Act (including all related functions of any officer or employee of 
the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the date of enactment of this Act, relating to 
carrying out the Juvenile Justice and Delinquency Prevention Act of 
1974.
    (c) Transfer and Allocations of Appropriations and Personnel.--
            (1) In general.--Except as otherwise provided in this 
        section and in section 101(a) (relating to Juvenile Justice 
        Programs) of the Omnibus Consolidated Appropriations Act, 1997, 
        the personnel employed in connection with, and the assets, 
        liabilities, contracts, property, records, and unexpended 
        balances of appropriations, authorizations, allocations, and 
        other amounts employed, used, held, arising from, available to, 
        or to be made available in connection with the functions 
        transferred by this section, subject to section 1531 of title 
        31, United States Code, shall be transferred to the Office of 
        Juvenile Crime Control and Accountability.
            (2) Unexpended amounts.--Any unexpended amounts transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the amounts were originally authorized and 
        appropriated.
    (d) Incidental Transfers.--
            (1) In general.--The Director of the Office of Management 
        and Budget, at such time or times as the Director of that 
        Office shall provide, may make such determinations as may be 
        necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.
            (2) Termination of affairs.--The Director of the Office of 
        Management and Budget shall provide for the termination of the 
        affairs of all entities terminated by this section and for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
    (e) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        date of enactment of this Act, held a position compensated in 
        accordance with the Executive Schedule prescribed in chapter 53 
        of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Crime Control 
        and Accountability to a position having duties comparable to 
        the duties performed immediately preceding such appointment 
        shall continue to be compensated in such new position at not 
        less than the rate provided for such previous position, for the 
        duration of the service of such person in such new position.
            (3) Transition rule.--
                    (A) In general.--The incumbent Administrator of the 
                Office as of the date immediately preceding the date of 
                enactment of this Act shall continue to serve as 
                Administrator after the date of enactment of this Act 
                until such time as the incumbent resigns, is relieved 
                of duty by the President, or an Administrator is 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    (B) Nominee.--Not later than 6 months after the 
                date of enactment of this Act, the President shall 
                submit to the Senate for its consideration the name of 
                the individual nominated to be appointed as the 
                Administrator.
    (f) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and
                    (B) that are in effect at the time this section 
                takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be continued.
                    (B) Orders; appeals; payments.--Orders shall be 
                issued in such proceedings, appeals shall be taken 
                therefrom, and payments shall be made pursuant to such 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this paragraph shall be construed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the date of enactment of this Act, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
Prevention, shall abate by reason of the enactment of this section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this section may be continued, to 
        the extent authorized by this section, by the Office of 
        Juvenile Crime Control and Accountability with the same effect 
        as if this section had not been enacted.
    (g) Transition.--The Administrator may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Crime Control and Accountability by this section; 
        and
            (2) amounts appropriated to such functions for such period 
        of time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (h) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred by 
        operation of subsection (b), shall be considered to refer to 
        the Administrator of the Office of Juvenile Crime Control and 
        Accountability; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Accountability.
    (i) Technical and Conforming Amendment.--Section 5315 of title 5, 
United States Code, is amended by striking ``Administrator, Office of 
Juvenile Justice and Delinquency Prevention'' and inserting 
``Administrator, Office of Juvenile Crime Control and Accountability''.

SEC. 309. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
            (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (in this section referred to as the ``program'') 
        to encourage and support communities who adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
            (2) Program.--In carrying out the program, the Attorney 
        General shall--
                    (A) make and track grants to grant recipients (in 
                this section referred to as ``coalitions'');
                    (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                    (C) provide for the general administration of the 
                program.
            (3) Administration.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall appoint an 
        Administrator (in this section referred to as the 
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1 
                or more representatives of--
                            (i) the local police department or 
                        sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) the United States Attorney's office;
                            (iv) the Federal Bureau of Investigation;
                            (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                            (vi) State or local probation officers;
                            (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                            (viii) schools;
                            (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups; and
                            (x) social service agencies involved in 
                        crime prevention.
                    (B) Other participants.--If possible, in addition 
                to the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                            (i) representatives from the business 
                        community; and
                            (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                            (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
                        departments, prosecutors, and local community 
                        leaders to focus on the suppression of violent 
                        juvenile crime involving gangs;
                            (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                            (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                            (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and 
                        report outcomes consistent with common 
                        indicators and evaluation protocols established 
                        by the Administrator and which receives the 
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
                        evaluated on a regular basis to assess progress 
                        in reducing violent juvenile crime.
            (5) Grant amounts.--
                    (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                    (B) Nonsupplanting requirement.--A coalition 
                seeking funds shall provide reasonable assurances that 
                funds made available under this program to States or 
                units of local government shall be so used as to 
                supplement and increase (but not supplant) the level of 
                the State, local, and other non-Federal funds that 
                would in the absence of such Federal funds be made 
                available for programs described in this section, and 
                shall in no event replace such State, local, or other 
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice to the grant recipient and an 
opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (D), 
                the Administrator may award a renewal grant to grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                    (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
            (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
            (7) Congressional consultation.--Two years after the date 
        of implementation of the program established in this section, 
        the General Accounting Office shall submit a report to Congress 
        reviewing the effectiveness of the program in suppressing and 
        reducing violent juvenile crime in the participating 
        communities. The report shall contain an analysis of each 
        community participating in the program, along with information 
        regarding the plan undertaken in the community, and the 
        effectiveness of the plan in reducing violent juvenile crime. 
        The report shall contain recommendations regarding the efficacy 
        of continuing the program.
    (b) Information Collection and Dissemination With Respect to 
Coalitions.--
            (1) Coalition information.--For the purpose of audit and 
        examination, the Administrator--
                    (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                    (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
            (2) Reporting.--The Administrator shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section, $3,000,000 in each of fiscal years 1998, 1999, and 2000.

SEC. 310. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through C, and E through S.
            (2) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
    (b) Reform of GREAT Program.--Section 32401(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Selection of communities.--
                    ``(A) In general.--Each community identified for a 
                GREAT project referred to in paragraph (1) shall be 
                selected by the Secretary of the Treasury on the basis 
                of--
                            ``(i) the level of gang activity and youth 
                        violence in the area in which the community is 
                        located;
                            ``(ii) the number of schools in the 
                        community in which training would be provided 
                        under the project;
                            ``(iii) the number of students who would 
                        receive the training referred to in clause (ii) 
                        in schools referred to in that clause; and
                            ``(iv) a written description from officials 
                        of the community explaining the manner in which 
                        funds made available to the community under 
                        this section would be allocated.
                    ``(B) Equitable selection.--The Secretary of the 
                Treasury shall ensure that--
                            ``(i) communities are identified and 
                        selected for GREAT projects under this 
                        subsection on an equitable geographic basis 
                        (except that this clause shall not be construed 
                        to require the termination of any projects 
                        selected prior to the beginning of fiscal year 
                        1998); and
                            ``(ii) the communities referred to in 
                        clause (i) include rural communities.''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``50 percent'' 
                and inserting ``85 percent''; and
                    (B) in subparagraph (B), by striking ``50 percent'' 
                and inserting ``15 percent''.

SEC. 311. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    Section 310001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) for fiscal year 2001, $750,000,000; and
            ``(8) for fiscal year 2002, $750,000,000.''.

SEC. 312. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
              ALIENS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
            (2) in subsection (b), by inserting ``(including any 
        juvenile alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
            (3) by adding at the end the following:
    ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as that term is defined in section 101(a)(3) of 
the Immigration and Nationality Act) who has been adjudicated 
delinquent and committed to a correctional facility by a State or 
locality as a juvenile offender.''.
    (b) Annual Report.--Section 332 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional facilities, 
        including the type of offense committed by each juvenile.''.
    (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iv) is a juvenile alien with respect to 
                        whom section 501 of the Immigration Reform and 
                        Control Act of 1986 applies.''.

                     TITLE IV--BOYS AND GIRLS CLUBS

SEC. 401. 2,500 BOYS AND GIRLS CLUBS BEFORE 2000.

    (a) In General.--Section 401(a) of the Economic Espionage Act of 
1996 (42 U.S.C. 13751 note) is amended by striking paragraph (2) and 
inserting the following:
            ``(2) Purpose.--The purpose of this section is to provide 
        adequate resources in the form of seed money for the Boys and 
        Girls Clubs of America to--
                    ``(A) establish 1,000 additional local clubs in 
                locations where local clubs are needed (giving 
                particular emphasis on establishing clubs in public 
                housing projects and distressed areas); and
                    ``(B) ensure that a total of not less than 2,500 
                Boys and Girls Clubs of America facilities are in 
                operation not later than December 31, 1999.''.
    (b) Accelerated Grants.--Section 401 of the Economic Espionage Act 
of 1996 (42 U.S.C. 13751 note) is amended by striking subsection (c) 
and inserting the following:
    ``(c) Establishment.--
            ``(1) In general.--
                    ``(A) Authority.--For each of fiscal years 1997, 
                1998, 1999, 2000, and 2001, the Attorney General, 
                acting through the Director of the Bureau of Justice 
                Assistance of the Department of Justice (referred to in 
                this subsection as the `Director') shall make a grant 
                to the Boys and Girls Clubs of America for the purpose 
                of establishing and extending Boys and Girls Clubs 
                facilities in locations where new facilities or 
                expanded facilities are needed.
                    ``(B) Emphasis.--In carrying out subparagraph (A), 
                the Director shall give particular emphasis to 
                establishing clubs in and extending services to public 
                housing projects and distressed areas.
            ``(2) Applications.--
                    ``(A) In general.--The Attorney General, acting 
                through the Director, shall accept an application for a 
                grant under this subsection submitted by the Boys and 
                Girls Clubs of America.
                    ``(B) Approval.--Not later than 90 days after an 
                application is submitted under subparagraph (A), the 
                Attorney General, acting through the Director, shall 
                approve or deny the application. The Attorney General 
                may approve the application only if the application--
                            ``(i) includes--
                                    ``(I) a long-term strategy to 
                                establish 1,000 additional Boys and 
                                Girls Clubs; and
                                    ``(II) a detailed summary of those 
                                geographic areas in which new 
                                facilities will be established, or in 
                                which existing facilities will be 
                                expanded to serve additional youths, 
                                during the fiscal year following the 
                                date of the application;
                            ``(ii) includes a plan to ensure that a 
                        total of not less than 2,500 Boys and Girls 
                        Clubs of America facilities are in operation 
                        before January 1, 2000;
                            ``(iii) certifies that the Boys and Girls 
                        Clubs of America will ensure appropriate 
                        coordination between the communities in which 
                        the Boys and Girls Clubs referred to in clause 
                        (ii) and the Boys and Girls Clubs of America 
                        will be located; and
                            ``(iv) explains the manner in which new 
                        facilities will operate without the provision 
                        of additional, direct Federal financial 
                        assistance to the Boys and Girls Clubs after 
                        assistance under this subsection is 
                        discontinued.''.
    (c) Role Model Grants.--Section 401 of the Economic Espionage Act 
of 1996 (42 U.S.C. 13751 note) is amended by adding at the end the 
following:
    ``(f) Role Model Grants.--Of amounts made available under 
subsection (e) for any fiscal year--
            ``(1) not more than 5 percent may be used to provide a 
        grant to the Boys and Girls Clubs of America for 
        administrative, travel, and other costs associated with a 
        national role-model speaking tour program; and
            ``(2) no amount may be used to compensate speakers other 
        than to reimburse speakers for reasonable travel and 
        accommodation costs associated with the program described in 
        paragraph (1).
    ``(g) Flagship Boys and Girls Clubs.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Bureau of Justice Assistance (referred to in 
        this section as the `Director'), shall, upon receipt of an 
        application that meets the requirements of paragraph (2) from 
        an appropriate official of the Boys and Girls Clubs of America, 
        make a grant to the Boys and Girls Clubs of America to fund the 
        establishment of not less than 3 flagship Boys and Girls Clubs.
            ``(2) Application.--
                    ``(A) In general.--In order to receive a grant 
                under this subsection, the appropriate official of the 
                Boys and Girls Clubs of America shall submit an 
                application to the Director in such form, and 
                containing such information, as the Director may 
                reasonably require.
                    ``(B) Contents of application.--The application 
                submitted pursuant to subparagraph (A) shall contain 
                assurances that--
                            ``(i)(I) the flagship clubs established 
                        under this subsection (referred to in this 
                        subsection as the `flagship clubs') shall be 
                        located in economically distressed areas; and
                            ``(II) with respect to the location of the 
                        flagship clubs, at least--
                                    ``(aa) 1 shall be in a rural area; 
                                and
                                    ``(bb) 1 shall be in an urban area;
                            ``(ii) site selection for the flagship 
                        clubs shall be made on an equitable geographic 
                        basis;
                            ``(iii) funds received pursuant to this 
                        subsection by the Boys and Girls Clubs of 
                        America shall comprise not more than 60 percent 
                        of the costs of establishing the flagship 
                        clubs; and
                            ``(iv) specify how the flagship clubs will 
                        operate without Federal funds after the 
                        flagship clubs are brought into operation.
            ``(3) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $15,000,000 for fiscal year 1998 to carry 
                out this subsection.
                    ``(B) Source of sums.--Sums authorized to be 
                appropriated under subparagraph (A) may be derived from 
                the Violent Crime Reduction Trust Fund.''.

                         TITLE V--MISCELLANEOUS

                     Subtitle A--General Provisions

SEC. 501. DEFINITION OF UNIT OF LOCAL GOVERNMENT.

    Section 901(3) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791(3)) is amended to read as follows:
            ``(3) `unit of local government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and impose taxes;
                    ``(C) an Indian tribe which performs law 
                enforcement functions, as determined by the Secretary 
                of the Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of 
                Columbia or the Federal Government that performs law 
                enforcement functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the United 
                        States;''.

SEC. 502. CARJACKING OFFENSES.

    Section 2119 of title 18, United States Code, is amended by 
striking ``, with the intent to cause death or serious bodily harm''.

SEC. 503. FIREARMS SAFETY.

    (a) Secure Gun Storage or Safety Device.--Section 921(a) of title 
18, United States Code, is amended by adding at the end the following:
    ``(34) The term `secure gun storage or safety device' means--
            ``(A) a device that, when installed on a firearm, is 
        designed to prevent the firearm from being operated without 
        first deactivating or removing the device;
            ``(B) a device incorporated into the design of the firearm 
        that is designed to prevent the operation of the firearm by 
        anyone not having access to the device; or
            ``(C) a safe, gun safe, gun case, lock box, or other device 
        that is designed to be or can be used to store a firearm and 
        that is designed to be unlocked only by means of a key, a 
        combination, or other similar means.''.
    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage or 
        safety devices will be available at any place in which firearms 
        are sold under the license to persons who are not licensees 
        (subject to the exception that in any case in which a secure 
        gun storage or safety device is temporarily unavailable because 
        of theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the control of 
        the licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to make 
        available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
    (d) Statutory Construction; Evidence.--
            (1) Statutory construction.--Nothing in the amendments made 
        by this section shall be construed--
                    (A) as creating a cause of action against any 
                firearms dealer or any other person for any civil 
                liability; or
                    (B) as establishing any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity.
    (e) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 504. FIREARM SAFETY EDUCATION GRANTS.

    (a) In General.--Section 510 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3760) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) undertaking educational and training programs for--
                    ``(A) criminal justice personnel; and
                    ``(B) the general public, with respect to the 
                lawful and safe ownership, storage, carriage, or use of 
                firearms, including the provision of secure gun storage 
                or safety devices;'';
            (2) in the first sentence of subsection (b), by inserting 
        before the period the following: ``and is authorized to make 
        grants to, or enter into contracts with, those persons and 
entities to carry out the purposes specified in subsection (a)(1)(B) in 
accordance with subsection (c)''; and
            (3) by adding at the end the following:
    ``(c)(1) In accordance with this subsection, the Director may make 
a grant to, or enter into a contract with, any person or entity 
referred to in subsection (b) to provide for a firearm safety program 
that, in a manner consistent with subsection (a)(1)(B), provides for 
general public training and dissemination of information concerning 
firearm safety, secure gun storage, and the lawful ownership, carriage, 
or use of firearms, including the provision of secure gun storage or 
safety devices.
    ``(2) Funds made available under a grant under paragraph (1) may 
not be used (either directly or by supplanting non-Federal funds) for 
advocating or promoting gun control, including making communications 
that are intended to directly or indirectly affect the passage of 
Federal, State, or local legislation intended to restrict or control 
the purchase or use of firearms.
    ``(3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall provide for 
evaluations that shall be developed pursuant to guidelines that the 
Director of the National Institute of Justice of the Department of 
Justice, in consultation with the Director of the Bureau of Justice 
Assistance and recognized private entities that have expertise in 
firearms safety, education and training, shall establish.
    ``(4) With respect to a firearm safety program that receives 
funding under this section, the Director may waive the evaluation 
requirement described in paragraph (3) if the Director determines that 
the program--
            ``(A) is not of a sufficient size to justify an evaluation; 
        or
            ``(B) is designed primarily to provide material resources 
        and supplies, and that activity would not justify an 
        evaluation.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the earlier of--
            (1) October 1, 1997; or
            (2) the date of enactment of this Act.

SEC. 505. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

SEC. 506. FELONY TREATMENT FOR OFFENSES TANTAMOUNT TO AIDING AND 
              ABETTING UNLAWFUL PURCHASES.

    Section 924(a)(3) of title 18, United States Code, is amended by 
striking the period and inserting ``, but if the violation is in 
relation to an offense--
            ``(A) under paragraph (1) or (3) of section 922(b), shall 
        be fined under this title, imprisoned not more than 5 years, or 
        both; or
            ``(B) under subsection (a)(6) or (d) of section 922, shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 507. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARMS WITH 
              OBLITERATED SERIAL NUMBER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 508. AMENDMENT OF THE SENTENCING GUIDELINES FOR TRANSFERS OF 
              FIREARMS TO PROHIBITED PERSONS.

    (a) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
increase the base offense level for offenses subject to section 2K2.1 
(Unlawful Receipt, Possession, or Transportation of Firearms or 
Ammunition; Prohibited Transactions Involving Firearms or Ammunition) 
to assure that a person who transferred a firearm and who knew that the 
transferee was a prohibited person is subject to the same base offense 
level as the transferee. This provision shall not require the same 
offense level for the transferor and transferee to the extent that the 
transferee's base offense level is subject to an additional increase on 
the basis of a past criminal conviction of either a crime of violence 
or a controlled substance offense.
    (b) Consistency.--In carrying out subsection (a), the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal Sentencing Guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 509. CRIMINAL FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE 
              AND FELONIES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended--
            (1) by inserting after paragraph (3) the following:
    ``(4) The court, in imposing a sentence on a person convicted of 
any crime of violence (as that term is defined in section 16) or any 
felony under federal law, shall order that the person forfeit to the 
United States any firearm (as that term is defined in section 
921(a)(3)) used or intended to be used to commit or to facilitate the 
commission of the offense.''; and
            (2) by redesignating paragraphs (4) and (5), and the first 
        and second paragraphs designated as paragraph (6), as 
        paragraphs (5), (6), (7), and (8), respectively.
    (b) Disposal of Forfeited Property.--Section 981(c) of title 18, 
United States Code, is amended by adding at the end the following: 
``Any firearm forfeited pursuant to subsection (a)(1)(D) or section 
982(a)(3) of this title shall be disposed of by the seizing agency in 
accordance with law.''.

SEC. 510. CRIMINAL FORFEITURE FOR GUN TRAFFICKING.

    Section 982(a) of title 18, United States Code, as amended by 
section 509 of this Act, is amended by adding at the end the following:
            ``(9)(A) The court, in imposing a sentence on a person 
        convicted of a gun trafficking offense described in 
        subparagraph (B), or a conspiracy to commit such offense, shall 
        order the person to forfeit to the United States any conveyance 
        used or intended to be used to commit such offense, and any 
        property traceable to such conveyance.
            ``(B) A gun trafficking offense is described in this 
        subparagraph if it--
                    ``(i) is a violation of--
                            ``(I) section 922(i) (transporting stolen 
                        firearms);
                            ``(II) section 924(g) (travel with a 
                        firearm in furtherance of racketeering);
                            ``(III) section 924(k) (stealing a 
                        firearm); or
                            ``(IV) section 924(m) (interstate travel to 
                        promote firearms trafficking); and
                    ``(ii) involves 5 or more firearms.''.

SEC. 511. USING PRISON INMATE LABOR AND OTHER LABOR FOR DATA PROCESSING 
              OF PERSONAL INFORMATION ABOUT CHILDREN.

    (a) In General.--Chapter 89 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1822. Using prison inmate labor and other labor for data 
              processing of personal information
    ``(a) Prohibition.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses prison inmate labor, or any worker who is 
registered pursuant to title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994, for data processing of personal information 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(b) Definition of Personal Information.--In this section, the 
term `personal information' means information (including name, address, 
telephone number, social security number, and physical description) 
about an individual, that would suffice to physically locate and 
contact that individual.''.
``Sec. 1823. Using or distributing certain personal information that 
              would harm children
    ``(a) Prohibition.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses or distributes personal information about 1 or 
more children with the intent that the information will be used to 
abuse or to harm physically any child, shall be fined under this title, 
imprisoned not more than 1 year, or both.
    ``(b) Definitions.--In this section--
            ``(1) the term `child' means an individual who has not 
        attained the age of 16 years; and
            ``(2) the term `personal information' means information 
        (including name, address, telephone number, social security 
        number, and physical description) about an individual, that 
        would suffice to physically locate and contact that 
        individual.''.
    (b) Clerical Amendment.--The analysis for chapter 89 of title 18, 
United States Code, is amended by adding at the end the following:

``1822. Using prison inmate labor and other labor for data processing 
                            of personal information.
``1823. Using or distributing certain personal information that would 
                            harm children.''.

SEC. 512. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

    Section 20106 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13706) is amended by striking subsection (b) and 
inserting the following:
    ``(b) Formula Allocation.--The amount made available to carry out 
this section for any fiscal year under section 20104 shall be allocated 
as follows:
            ``(1) 0.75 percent shall be allocated to each State that 
        meets the requirements of section 20104, except that the United 
        States Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands each shall be allocated 0.05 percent.
            ``(2) The amount remaining after the application of 
        paragraph (1) shall be allocated to each State that meets the 
        requirements of section 20104 in the ratio that the average 
        annual number of part 1 violent crimes reported by that State 
        to the Federal Bureau of Investigation for the 3 years 
        preceding the year in which the determination is made bears to 
the average annual number of part 1 violent crimes reported by States 
that meet the requirements of section 20104 to the Federal Bureau of 
Investigation for the 3 years preceding the year in which the 
determination is made, except that a State may not receive more than 25 
percent of the total amount available for those grants.''.

SEC. 513. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED STATES 
              MARSHALS SERVICE.

    Section 709 of title 18, United States Code, is amended by 
inserting after the thirteenth undesignated paragraph the following:
    ``Whoever, except with the written permission of the Director of 
the United States Marshals Service, knowingly uses the words `United 
States Marshals Service', `U.S. Marshals Service', `United States 
Marshal', `U.S. Marshal', or `U.S.M.S.', or any colorable imitation of 
any such words, or the likeness of a United States Marshals Service 
badge, logo, or insignia on any item of apparel, in connection with any 
advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey the 
impression that the wearer of the item of apparel is acting pursuant to 
the legal authority of the United States Marshals Service, or to convey 
the impression that such advertisement, circular, book, pamphlet, 
software, or other publication, or such play, motion picture, 
broadcast, telecast, or other production, is approved, endorsed, or 
authorized by the United States Marshals Service;''.

SEC. 514. EXTENSION OF AUTHORITY.

    Section 233(d) of the Antiterrorism and Effective Death Penalty Act 
of 1996 (110 Stat. 1245) is amended by striking ``1 year after the date 
of enactment of this Act'' and inserting ``on October 1, 1999''.

SEC. 515. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
              PROVIDE AFTERCARE SERVICES.

    Section 1901 of part S of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by adding at the 
end the following:
    ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide 
nonresidential substance abuse treatment aftercare services for inmates 
or former inmates that meet the requirements of subsection (c), if the 
chief executive officer of the State certifies to the Attorney General 
that the State is providing, and will continue to provide, an adequate 
level of residential treatment services.''.

SEC. 516. ESTABLISHMENT OF FELONY VIOLATIONS.

    Section 228 of title 18, United States Code, is amended to read as 
follows:
``Sec. 228. Failure to pay legal child support obligations
    ``(a) Offense.--Whoever--
            ``(1) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if such 
        obligation has remained unpaid for a period longer than 1 year, 
        or is greater than $5,000;
            ``(2) travels in interstate or foreign commerce with the 
        intent to evade a support obligation, if such obligation has 
        remained unpaid for a period longer than 1 year, or is greater 
        than $5,000; or
            ``(3) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if such 
        obligation has remained unpaid for a period longer than 2 
        years, or is greater than $10,000;
shall be punished as provided in subsection (c).
    ``(b) Presumption.--The existence of a support obligation that was 
in effect for the time period charged in the indictment or information 
creates a rebuttable presumption that the obligor has the ability to 
pay the support obligation for that time period.
    ``(c) Punishment.--The punishment for an offense under this section 
is--
            ``(1) in the case of a first offense under subsection 
        (a)(1), a fine under this title, imprisonment for not more than 
        6 months, or both; and
            ``(2) in the case of an offense under subsection (a)(2) or 
        (a)(3), or a second or subsequent offense under subsection 
        (a)(1), a fine under this title, imprisonment for not more than 
        2 years, or both.
    ``(d) Mandatory Restitution.--Upon a conviction under this section, 
the court shall order restitution under section 3663A in an amount 
equal to the total unpaid support obligation as it exists at the time 
of sentencing.
    ``(e) Definitions.--In this section--
            ``(1) the term `support obligation' means any amount 
        determined under a court order or an order of an administrative 
        process pursuant to the law of a State to be due from a person 
        for the support and maintenance of a child or of a child and 
        the parent with whom the child is living; and
            ``(2) the term `State' includes any State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 517. HATE CRIMES STATISTICS ACT.

    Subsection (b) of the first section of the Hate Crimes Statistics 
Act (28 U.S.C. 534 note) is amended by adding at the end the following:
    ``(6) In acquiring data under this section, the Attorney General 
shall, beginning for calendar year 1998, include data regarding the age 
of offenders who have committed crimes covered by this section.''.

SEC. 518. ELIMINATION OF THE STATUTE OF LIMITATIONS FOR MURDER AND 
              CLASS A OFFENSES.

    (a) Capital Offenses and Class A Felonies Involving Murder.--
            (1) In general.--Section 3281 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 3281. Capital offenses and Class A felonies involving murder
    ``(a) Capital Offenses.--An indictment for any offense punishable 
by death may be found at any time without limitation.
    ``(b) Class A Felonies Involving Murder.--
            ``(1) In general.--An indictment or information for any 
        Class A felony involving murder may be found at any time 
        without limitation.
            ``(2) Definition of murder.--In this subsection, the term 
        `murder'--
                    ``(A) has the meaning given the term in section 
                1111 of this title; and
                    ``(B) in the case of an offense under section 
                1963(a) of this title involving racketeering activity 
                described in section 1961(1) of this title, has the 
                meaning given that term under applicable State law.''.
            (2) Applicability.--The amendment made by this subsection 
        applies to any offense for which the applicable statute of 
        limitations has not run as of the date of enactment of this 
        Act.
    (b) Class A Violent and Drug Trafficking Offenses.--
            (1) In general.--Chapter 213 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 3296. Class A violent and drug trafficking offenses
    ``Except as provided in section 3281, no person shall be 
prosecuted, tried, or punished for a Class A felony that is a crime of 
violence or that is a drug trafficking crime (as that term is defined 
in section 924(c)) unless the indictment is returned or the information 
is filed not later than 10 years after the date on which the offense is 
committed.''.
            (2) Applicability.--The amendment made by this subsection 
        applies to any offense for which the applicable statute of 
        limitations had not run as of the date of enactment of this 
        Act.
    (c) Conforming Amendments.--The analysis for chapter 213 of title 
18, United States Code, is amended--
            (1) by striking the item relating to section 3281 and 
        inserting the following:

``3281. Capital offenses and class A felonies involving murder.''; and
            (2) by adding at the end the following:

``3296. Class A violent and drug trafficking offenses.''.

SEC. 519. PRIORITY.

    Section 517 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3763) is amended by adding at the end the following:
    ``(c) Priority.--In awarding discretionary grants under section 511 
to public agencies to undertake law enforcement initiatives relating to 
gangs, or relating to juveniles who are involved or at risk of 
involvement in gangs, the Director shall give priority to a public 
agency that includes in its application a description of strategies or 
programs of that public agency (either in effect or proposed) that 
provide cooperation between Federal, State, and local law enforcement 
authorities, through the use of firearms and ballistics identification 
systems, to disrupt illegal sale or transfer of firearms to or between 
juveniles through tracing the sources of guns used in crime that were 
provided to juveniles.''.

SEC. 520. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 521. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL OR 
              OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``three years'' each 
        place that term appears and inserting ``5 years''.

SEC. 522. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 523. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a crime of violence, or to assist in avoiding detection 
or apprehension for a crime of violence, shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine for the crime of violence; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum imprisonment and 
        3 times the maximum fine otherwise provided for the crime of 
        violence in which the minor is used.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the meaning given the term in section 16 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 18, 
United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.

SEC. 524. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO GROW OR 
              MANUFACTURE CONTROLLED SUBSTANCES.

    (a) In General.--Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended to read as follows:
            ``(5) Whoever violates subsection (a) of this section by 
        cultivating or manufacturing a controlled substance on any 
        property in whole or in part owned by or leased to the United 
        States or any department or agency thereof shall be subject to 
        twice the maximum punishment otherwise authorized for the 
        offense.''.
    (b) Federal Sentencing Guidelines.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
ensure that a violation of section 401(b)(5) of the Controlled 
Substances Act (21 U.S.C. 841(b)(5)) is punished substantially more 
severely than if the violation had not occurred on Federal property.

SEC. 525. SAFE SCHOOLS.

    (a) Amendments.--Part F of title XIV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to 
read as follows:

  ``PART F--ILLEGAL DRUG AND GUN POSSESSION AND POSSESSION OF TOBACCO 
                    PRODUCTS OR ALCOHOLIC BEVERAGES

``SEC. 14601. DRUG-FREE, GUN-FREE, TOBACCO-FREE, AND ALCOHOL-FREE 
              REQUIREMENTS.

    ``(a) Short Title.--This section may be cited as the `Safe Schools 
Act of 1997'.
    ``(b) Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State receiving Federal funds under this Act shall have in 
        effect a State law requiring local educational agencies to 
        expel from school--
                    ``(A) for a period of not less than 1 year a 
                student who is determined--
                            ``(i) to be in possession of an illegal 
                        drug (in a quantity that indicates an intent to 
                        distribute as determined by State law), or 
                        illegal drug paraphernalia, on school property 
                        under the jurisdiction of, or on a vehicle 
                        operated by an employee or agent of, a local 
                        educational agency in that State; or
                            ``(ii) to have brought a weapon to a school 
                        under the jurisdiction of a local educational 
                        agency in that State;
                    ``(B) for a period of not more than 6 months and 
                not less than 1 week a student who is determined to be 
                in possession of an illegal drug (in a quantity that 
                does not indicate an intent to distribute as determined 
                by State law), on school property under the 
                jurisdiction of, or on a vehicle operated by an 
                employee or agent of, a local educational agency in 
                that State; and
                    ``(C) for a period of not more than 6 months a 
                student who is determined to have, while not having 
                attained the age of 18 and on a regular basis (as 
                determined by the State), used or possessed 1 or more 
                tobacco products or alcoholic beverages on school 
                property under the jurisdiction of, or on a vehicle 
                operated by an employee or agent of, a local 
                educational agency in that State.
            ``(2) Exceptions.--The State law described in paragraph 
        (1)--
                    ``(A) shall not apply to students served under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.); and
                    ``(B) shall allow the chief administering officer 
                of a local educational agency to modify the expulsion 
                requirement for a student on a case-by-case basis or to 
                ensure that the requirement takes into account 
                applicable State law.
            ``(3) Construction.--Nothing in this title shall be 
        construed to prevent a State from allowing a local educational 
        agency that has expelled a student from such a student's 
        regular school setting from providing educational services to 
        such student in an alternative setting.
            ``(4) Definition of weapon.--In this section, the term 
        `weapon' has the meaning given the term `firearm' in section 
        921(a) of title 18, United States Code.
    ``(c) Report to State.--Each local educational agency requesting 
assistance from the State educational agency that is to be provided 
from funds made available to the State under this Act shall provide to 
the State, in the application requesting such assistance--
            ``(1) an assurance that such local educational agency is in 
        compliance with the State law required by subsection (b); and
            ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the State law required by subsection 
        (b), including--
                    ``(A) the name of the school concerned;
                    ``(B) the number of students expelled from such 
                school; and
                    ``(C) the type of illegal drugs, illegal drug 
                paraphernalia, weapons, tobacco products, or alcoholic 
                beverages concerned.
    ``(d) Reporting.--Each State shall report the information described 
in subsection (c) to the Secretary on an annual basis.
    ``(e) Report to Congress.--Two years after the date of enactment of 
the Safe Schools Act of 1997, the Secretary shall report to Congress 
with respect to any State that is not in compliance with the 
requirements of this part.

``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    ``(a) In General.--No funds shall be made available under this Act 
to any local educational agency unless such agency has a policy 
requiring referral to the criminal justice or juvenile delinquency 
system of any student who is in possession of an illegal drug, or 
illegal drug paraphernalia, on school property under the jurisdiction 
of, or on a vehicle operated by an employee or agent of, such agency, 
or who brings a firearm or weapon to a school served by such agency.
    ``(b) Definitions.--In this section, the terms `firearm' and 
`school' have the meanings given those terms in section 921(a) of title 
18, United States Code.

``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

    ``The Secretary shall--
            ``(1) widely disseminate the policy of the Department in 
        effect on the date of enactment of the Safe Schools Act of 1997 
        with respect to disciplining children with disabilities;
            ``(2) collect data on the incidence of children with 
        disabilities (as that term is defined in section 602(a)(1) of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401(a)(1))) possessing illegal drugs or illegal drug 
        paraphernalia, or using or possessing, on a regular basis (as 
        determined by the appropriate State), tobacco products, or 
        alcoholic beverages on school property under the jurisdiction 
        of, or on a vehicle operated by an employee or agent of, a 
        local educational agency, engaging in life threatening behavior 
        at school, or bringing weapons to schools; and
            ``(3) submit a report to Congress not later than 1 year 
        after the date of enactment of the Safe Schools Act of 1997 
        analyzing the strengths and problems with the current 
        approaches regarding disciplining children with disabilities.

``SEC. 14604. DEFINITIONS.

    ``In this part:
            ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
        includes any beverage in liquid form that contains not less 
        than \1/2\ of 1 percent of alcohol by volume and is intended 
        for human consumption.
            ``(2) Illegal drug.--
                    ``(A) In general.--The term `illegal drug' means a 
                controlled substance (as that term is defined in 
                section 102(6) of the Controlled Substances Act (21 
                U.S.C. 802(6))), the possession of which is unlawful 
                under such Act (21 U.S.C. 801 et seq.) or the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                951 et seq.).
                    ``(B) Exclusion.--The term `illegal drug' does not 
                mean a controlled substance used pursuant to a valid 
                prescription or as authorized by law.
            ``(3) Illegal drug paraphernalia.--The term `illegal drug 
        paraphernalia' means drug paraphernalia (as that term is 
        defined in section 422 of the Controlled Substances Act (21 
        U.S.C. 863)), except that the first sentence of section 422(d) 
        of such Act shall be applied by inserting `or under the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.)' before the period.
            ``(4) Tobacco product.--The term `tobacco product' means--
                    ``(A) cigarettes and little cigars (as those terms 
                are defined in section 3 of the Federal Cigarette 
                Labeling and Advertising Act (15 U.S.C. 1332));
                    ``(B) cigars (as that term is defined in section 
                5702 of the Internal Revenue Code of 1986);
                    ``(C) pipe tobacco and loose rolling tobacco;
                    ``(D) smokeless tobacco (as that term is defined in 
                section 9 of the Comprehensive Smokeless Tobacco and 
                Health Education Act of 1986 (15 U.S.C. 4408)); and
                    ``(E) any other form of tobacco intended for human 
                consumption.''.
    (b) Effective Date.--This section and the amendments made by this 
section shall take effect 6 months after the date of enactment of this 
Act.

SEC. 526. APPLICABILITY TO DANGEROUS WEAPONS.

    (a) Weapons Covered.--Part F of title XIV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.), as amended by 
section 525 of this Act, is amended--
            (1) in section 14601--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)(ii), by striking 
                        ``weapon'' and inserting ``dangerous weapon''; 
                        and
                            (ii) by striking paragraph (4); and
                    (B) in subsection (c)(2)(C), by striking 
                ``weapons'' and inserting ``dangerous weapons'';
            (2) in section 14602--
                    (A) in subsection (a), by striking ``firearm or 
                weapon'' and inserting ``dangerous weapon''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Definition of school.--In this section, the term `school' has 
the meaning given that term in section 921(a) of title 18, United 
States Code.''; and
            (3) in section 14604, by adding at the end the following:
            ``(5) Dangerous weapon.--The term `dangerous weapon' has 
        the meaning given that term in section 930 of title 18, United 
        States Code, provided such term as used in this part does not 
        include any dangerous weapon possessed as a part of a course or 
        curriculum approved pursuant to State or local laws.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of enactment of this Act.

         Subtitle B--Child Exploitation Sentencing Enhancement

SEC. 531. SHORT TITLE.

    This subtitle may be cited as the ``Child Exploitation Sentencing 
Enhancement Act of 1997''.

SEC. 532. DEFINITIONS.

    In this subtitle:
            (1) Child; children.--The term ``child'' or ``children'' 
        means a minor or minors of an age specified in the applicable 
        provision of title 18, United States Code, that is subject to 
        review under this subtitle.
            (2) Minor.--The term ``minor'' means any individual who has 
        not attained the age of 18, except that, with respect to 
        references to section 2243 of title 18, United States Code, the 
        term means an individual described in subsection (a) of that 
        section.

SEC. 533. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE 
              OR EXPLOITATION OF A CHILD.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines for--
                    (A) aggravated sexual abuse under section 2241 of 
                title 18, United States Code;
                    (B) sexual abuse under section 2242 of title 18, 
                United States Code;
                    (C) sexual abuse of a minor or ward under section 
                2243 of title 18, United States Code;
                    (D) coercion and enticement of a juvenile under 
                section 2422(b) of title 18, United States Code; and
                    (E) transportation of minors under section 2423 of 
                title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant used a 
        computer with the intent to persuade, induce, entice, or coerce 
        a child of an age specified in the applicable provision 
        referred to in paragraph (1) to engage in any prohibited sexual 
        activity.

SEC. 534. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN THE 
              SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant knowingly 
        misrepresented the actual identity of the defendant with the 
        intent to persuade, induce, entice, or coerce a child of an age 
        specified in the applicable provision referred to in paragraph 
(1) to engage in a prohibited sexual activity.

SEC. 535. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL 
              EXPLOITATION OF CHILDREN.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on criminal 
        sexual abuse, the production of sexually explicit material, the 
        possession of materials depicting a child engaging in sexually 
        explicit conduct, coercion and enticement of minors, and the 
        transportation of minors; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties applicable to the offenses referred to in 
        paragraph (1) in any case in which the defendant engaged in a 
        pattern of activity involving the sexual abuse or exploitation 
        of a minor.

SEC. 536. REPEAT OFFENDERS; INCREASED MAXIMUM PENALTIES FOR 
              TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
              CRIMES.

    (a) Repeat Offenders.--
            (1) Chapter 117.--
                    (A) In general.--Chapter 117 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 2425. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter or 
        chapter 109A or 110; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter or chapter 109A or 110.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
                    (B) Conforming amendment.--The analysis for chapter 
                117 of title 18, United States Code, is amended by 
                adding at the end the following:

``2425. Repeat offenders.''.
            (2) Chapter 109a.--Section 2247 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 2247. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter or 
        chapter 110 or 117; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 110 or 117.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
    (b) Increased Maximum Penalties for Transportation for Illegal 
Sexual Activity and Related Crimes.--
            (1) Transportation generally.--Section 2421 of title 18, 
        United States Code, is amended by striking ``five'' and 
        inserting ``10''.
            (2) Coercion and enticement of minors.--Section 2422 of 
        title 18, United States Code, is amended--
                    (A) in subsection (a), by striking ``five'' and 
                inserting ``10''; and
                    (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
            (3) Transportation of minors.--Section 2423 of title 18, 
        United States Code, is amended--
                    (A) in subsection (a), by striking ``ten'' and 
                inserting ``15''; and
                    (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
    (c) Amendment of Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines relating to 
        chapter 117 of title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to provide for the amendments made by this 
        section.

SEC. 537. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF PORNOGRAPHY.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines relating to 
        the distribution of pornography covered under chapter 110 of 
        title 18, United States Code, relating to the sexual 
        exploitation and other abuse of children; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to clarify that the term ``distribution of 
        pornography'' applies to the distribution of pornography--
                    (A) for monetary remuneration; or
                    (B) for a nonpecuniary interest.

SEC. 538. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    In carrying out this subtitle, the United States Sentencing 
Commission shall--
            (1) with respect to any action relating to the Federal 
        Sentencing Guidelines subject to this subtitle, ensure 
        reasonable consistency with other guidelines of the Federal 
        Sentencing Guidelines; and
            (2) with respect to an offense subject to the Federal 
        Sentencing Guidelines, avoid duplicative punishment under the 
        guidelines for substantially the same offense.

SEC. 539. AUTHORIZATION FOR GUARDIANS AD LITEM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice, for the purpose specified in 
subsection (b), such sums as may be necessary for each of fiscal years 
1998 through 2001.
    (b) Purpose.--The purpose specified in this subsection is the 
procurement, in accordance with section 3509(h) of title 18, United 
States Code, of the services of individuals with sufficient 
professional training, experience, and familiarity with the criminal 
justice system, social service programs, and child abuse issues to 
serve as guardians ad litem for children who are the victims of, or 
witnesses to, a crime involving abuse or exploitation.

SEC. 540. APPLICABILITY.

    This subtitle and the amendments made by this subtitle shall apply 
to any action that commences on or after the date of enactment of this 
Act.
```