II

★(Star Print)

105TH CONGRESS

1ST SESSION S. 10

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. ALLARD, 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, and Mr. MACK) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

A BILL

To reduce violent juvenile crime, promote accountability by

juvenile criminals, punish and deter violent gang crime,

and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Violent and Repeat Juvenile Offender Act of 1997’’.

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

7 this Act is as follows:
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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. Capital cases.

Sec. 104. Definitions.

Sec. 105. Notification after arrest.

Sec. 106. Detention prior to disposition.

Sec. 107. Speedy trial.

Sec. 108. Dispositional hearings.

Sec. 109. Use of juvenile records.

Sec. 110. Incarceration of violent offenders.

Sec. 111. Federal sentencing guidelines.

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 street gangs.

Sec. 204. Interstate and foreign travel or transportation in aid of criminal

street gangs.

Sec. 205. Solicitation or recruitment of persons in criminal gang activity.

Sec. 206. Crimes involving the recruitment of persons to participate in criminal

street 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. Additional prosecutors.

TITLE III—JUVENILE CRIME CONTROL AND ACCOUNTABILITY

Sec. 301. Findings; declaration of purpose; definitions.

Sec. 302. Youth Crime Control and Accountability Block Grants.

Sec. 303. Runaway and homeless youth.

Sec. 304. Authorization of appropriations.

Sec. 305. Repeal.

Sec. 306. Transfer of functions and savings provisions.

Sec. 307. Repeal of unnecessary and duplicative programs.

Sec. 308. Civil monetary penalty surcharge.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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

4 States adopted 2 separate juvenile justice systems

5 for violent and nonviolent offenders;
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1 (2) violent crimes committed by juveniles, such

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

3 phenomenon at that time, but the rate at which ju4 veniles commit such crimes has escalated astronomi5 cally since that time;

6 (3) in 1994—

7 (A) the number of persons arrested overall

8 for murder in the United States decreased by

9 5.8 percent, but the number of persons who are

10 less than 15 years of age arrested for murder

11 increased by 4 percent; and

12 (B) the number of persons arrested for all

13 violent crimes increased by 1.3 percent, but the

14 number of persons who are less than 15 years

15 of age arrested for violent crimes increased by

16 9.2 percent, and the number of persons less

17 than 18 years of age arrested for such crimes

18 increased by 6.5 percent;

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

20 arrested for all violent crimes increased by 52.3 per21 cent, but the number of persons under age 18 ar22 rested for violent crimes rose by 75 percent;

23 (5) the number of juvenile offenders is expected

24 to undergo a massive increase during the first 2 dec25 ades of the twenty-first century, culminating in an
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1 unprecedented number of violent offenders who are

2 less than 18 years of age;

3 (6) the rehabilitative model of sentencing for ju4 veniles, which Congress rejected for adult offenders

5 when Congress enacted the Sentencing Reform Act

6 of 1984, is inadequate and inappropriate for dealing

7 with violent and repeat juvenile offenders;

8 (7) the Federal Government should encourage

9 the States to experiment with progressive solutions

10 to the escalating problem of juveniles who commit

11 violent crimes and who are repeat offenders, includ12 ing prosecuting all such offenders as adults, but

13 should not impose specific strategies or programs on

14 the States;

15 (8) an effective strategy for reducing violent ju16 venile crime requires greater collection of investiga17 tive data and other information, such as fingerprints

18 and DNA evidence, as well as greater sharing of

19 such information among Federal, State, and local

20 agencies, including the courts, in the law enforce21 ment and educational systems;

22 (9) data regarding violent juvenile offenders

23 must be made available to the adult criminal justice

24 system if recidivism by criminals is to be addressed

25 adequately;
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1 (10) holding juvenile proceedings in secret de2 nies victims of crime the opportunity to attend and

3 be heard at such proceedings, helps juvenile offend4 ers to avoid accountability for their actions, and

5 shields juvenile proceedings from public scrutiny and

6 accountability;

7 (11) the injuries and losses suffered by the vic8 tims of violent crime are no less painful or devastat9 ing because the offender is a juvenile; and

10 (12) the investigation, prosecution, adjudica11 tion, and punishment of criminal offenses committed

12 by juveniles is, and should remain, primarily the re13 sponsibility of the States, to be carried out without

14 interference from the Federal Government.

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

16 (1) to reform juvenile law so that the para17 mount concerns of the juvenile justice system are

18 providing for the safety of the public and holding ju19 venile wrongdoers accountable for their actions,

20 while providing the wrongdoer a genuine opportunity

21 for self-reform;

22 (2) to revise the procedures in Federal court

23 that are applicable to the prosecution of juvenile of24 fenders;
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1 (3) to address specifically the problem of violent

2 crime and controlled substance offenses committed

3 by youth gangs; and

4 (4) to encourage and promote, consistent with

5 the ideals of federalism, adoption of policies by the

6 States to ensure that the victims of crimes of vio7 lence committed by juveniles receive the same level

8 of justice as do victims of violent crimes that are

9 committed by adults.

10 SEC. 3. SEVERABILITY.

11 If any provision of this Act, an amendment made by

12 this Act, or the application of such provision or amend13 ment to any person or circumstance is held to be unconsti14 tutional, the remainder of this Act, the amendments made

15 by this Act, and the application of the provisions of such

16 to any person or circumstance shall not be affected there17 by.

18 TITLE I—JUVENILE JUSTICE

19 REFORM

20 SEC. 101. REPEAL OF GENERAL PROVISION.

21 (a) IN GENERAL.—Chapter 401 of title 18, United

22 States Code, is amended—

23 (1) by striking section 5001; and

24 (2) by redesignating section 5003 as section

25 5001.
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1 (b) TECHNICAL AMENDMENTS.—The chapter analy2 sis for chapter 401 of title 18, United States Code, is

3 amended—

4 (1) by striking the item relating to section

5 5001; and

6 (2) by redesignating the item relating to section

7 5003 as 5001.

8 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

9 (a) IN GENERAL.—Section 5032 of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘§ 5032. Delinquency proceedings in district courts;

12 juveniles tried as adults; transfer for

13 other criminal prosecution

14 ‘‘(a) IN GENERAL.—A juvenile who is not less than

15 14 years of age and who is alleged to have committed an

16 act that, if committed by an adult, would be a criminal

17 offense, shall be tried in the appropriate district court of

18 the United States—

19 ‘‘(1) as an adult at the discretion of the United

20 States Attorney in the appropriate jurisdiction, upon

21 a finding by that United States Attorney, which

22 finding shall not be subject to review in or by any

23 court, trial or appellate, that there is a substantial
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1 Federal interest in the case or the offense to war2 rant the exercise of Federal jurisdiction, if the juve3 nile is charged with a Federal offense that—

4 ‘‘(A) is a crime of violence (as that term

5 is defined in section 16); or

6 ‘‘(B) involves a controlled substance (as

7 that term is defined in section 102 of the Con8 trolled Substances Act (21 U.S.C. 802)) for

9 which the penalty is a term of imprisonment of

10 not less than 5 years; and

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

12 ‘‘(b) REFERRAL BY UNITED STATES ATTORNEY.—

13 ‘‘(1) IN GENERAL.—If the United States Attor14 ney in the appropriate jurisdiction declines prosecu15 tion of a charged offense under subsection (a)(2),

16 the United States Attorney may refer the matter to

17 the appropriate legal authorities of the State or In18 dian tribe.

19 ‘‘(2) DEFINITIONS.—In this section—

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

21 the United States, the District of Columbia,

22 and any commonwealth, territory, or possession

23 of the United States; and
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1 ‘‘(B) the term ‘Indian tribe’ has the same

2 meaning as in section 4(e) of the Indian Self3 Determination and Education Assistance Act.

4 ‘‘(c) APPLICABLE PROCEDURES.—Any action pros5 ecuted in a district court of the United States under this

6 section—

7 ‘‘(1) shall proceed in the same manner as is re8 quired by this title and by the Federal Rules of

9 Criminal Procedure in proceedings against an adult

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

11 adult in accordance with subsection (a); and

12 ‘‘(2) in all other cases, shall proceed in accord13 ance with this chapter, unless the juvenile has re14 quested in writing, upon advice of counsel, to be pro15 ceeded against as an adult.

16 ‘‘(d) CAPITAL CASES.—Subject to section 3591, if a

17 juvenile is tried and sentenced as an adult, the juvenile

18 shall be subject to being sentenced to death on the same

19 terms and in accordance with the same procedures as an

20 adult.

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

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

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

24 same laws, rules, and proceedings regarding sentencing
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1 that would be applicable in the case of an adult. No juve2 nile sentenced to a term of imprisonment shall be released

3 from custody simply because the juvenile reaches the age

4 of 18 years.

5 ‘‘(f) OPEN PROCEEDINGS.—

6 ‘‘(1) IN GENERAL.—Any offense tried in a dis7 trict court of the United States pursuant to this sec8 tion shall be open to the general public, in accord9 ance with rules 10, 26, 31(a), and 53 of the Federal

10 Rules of Criminal Procedure, unless good cause is

11 established by the moving party or is otherwise

12 found by the court, for closure.

13 ‘‘(2) STATUS ALONE INSUFFICIENT.—The sta14 tus of the defendant as a juvenile, absent other fac15 tors, shall not constitute good cause for purposes of

16 this subsection.

17 ‘‘(g) AVAILABILITY OF RECORDS.—

18 ‘‘(1) IN GENERAL.—In making a determination

19 concerning the prosecution of a juvenile in a district

20 court of the United States under this section, sub21 ject to the requirements of section 5038, the United

22 States Attorney of the appropriate jurisdiction shall

23 have complete access to the prior Federal juvenile

24 records of the subject juvenile, and to the extent
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1 permitted by State law, the prior State juvenile

2 records of the subject juvenile.

3 ‘‘(2) CONSIDERATION OF ENTIRE RECORD.—In

4 any case in which a juvenile is found guilty in an ac5 tion pursuant to this section, the district court re6 sponsible for imposing sentence shall have complete

7 access to the prior juvenile records of the subject ju8 venile, and, to the extent permitted under State law,

9 the prior State juvenile records of the subject juve10 nile. At sentencing, the district court shall consider

11 the entire available prior juvenile record of the sub12 ject juvenile.

13 ‘‘(3) RELEASE OF RECORDS.—The United

14 States Attorney may release such Federal records,

15 and, to the extent permitted by State law, such

16 State records, to law enforcement authorities of any

17 jurisdiction and to officials of any school, school dis18 trict, or postsecondary school at which the individual

19 who is the subject of the juvenile record is enrolled

20 or seeks, intends, or is instructed to enroll, if such

21 school officials are held liable to the same standards

22 and penalties to which law enforcement and juvenile

23 justice system employees are held liable under Fed24 eral and State law, for the handling and disclosure

25 of such information.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 403 of title 18, United States Code, is amend3 ed by striking the item relating to section 5032 and insert4 ing the following:

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults;

transfer for other criminal prosecution.’’.

5 SEC. 103. CAPITAL CASES.

6 Section 3591 of title 18, United States Code, is

7 amended by striking ‘‘18 years’’ each place that term ap8 pears and inserting ‘‘16 years’’.

9 SEC. 104. DEFINITIONS.

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

11 amended to read as follows:

12 ‘‘§ 5031. Definitions

13 ‘‘In this chapter—

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

15 less than 18 years of age; and

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

17 violation of a law of the United States committed by

18 a juvenile that would be a crime if committed by an

19 adult.’’.

20 SEC. 105. NOTIFICATION AFTER ARREST.

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

22 amended in the first sentence by striking ‘‘Attorney Gen23 eral’’ and inserting ‘‘United States Attorney of the appro24 priate jurisdiction’’.
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1 SEC. 106. DETENTION PRIOR TO DISPOSITION.

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

3 amended—

4 (1) by striking ‘‘A juvenile’’ and inserting the

5 following:

6 ‘‘(a) IN GENERAL.—A juvenile’’; and

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

8 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—Not9 withstanding subsection (a), a juvenile who is to be tried

10 as an adult pursuant to section 5032 shall be subject to

11 detention in accordance with chapter 203 in the same

12 manner and to the same extent as an adult would be sub13 ject to that chapter.’’.

14 SEC. 107. SPEEDY TRIAL.

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

16 amended—

17 (1) by striking ‘‘thirty’’ and inserting ‘‘70’’; and

18 (2) by striking ‘‘the court,’’ and all that follows

19 through the end of the section and inserting ‘‘the

20 court. The periods of exclusion under section

21 3161(h) shall apply to this section.’’.

22 SEC. 108. DISPOSITIONAL HEARINGS.

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

24 amended—
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1 (1) in subsection (a), by striking ‘‘(a)’’ and all

2 that follows through ‘‘After the’’ and inserting the

3 following:

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) DISPOSITIONAL HEARING.—In any case in

6 which a juvenile is found to be a juvenile delinquent

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

8 tried as an adult under that section, not later than

9 20 days after the hearing in which a finding of juve10 nile delinquency is made, the court shall hold a dis11 position hearing concerning the appropriate disposi12 tion unless the court has ordered further study pur13 suant to subsection (d).

14 ‘‘(2) ACTIONS OF COURT AFTER HEARING.—

15 After the’’;

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

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

18 inserting the following: ‘‘extend, in the case of a ju19 venile, beyond the maximum term that would be au20 thorized by section 3561(b), if the juvenile had been

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

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

23 and all that follows through ‘‘Section 3624’’ and in24 serting the following: ‘‘extend beyond the maximum

25 term of imprisonment that would be authorized if
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1 the juvenile had been tried and convicted as an

2 adult. No juvenile sentenced to a term of imprison3 ment shall be released from custody simply because

4 the juvenile reaches the age of 18 years. Section

5 3624’’;

6 (4) by redesignating subsection (d) as sub7 section (e); and

8 (5) by inserting after subsection (c) the follow9 ing:

10 ‘‘(d) APPLICABILITY OF RESTITUTION PROVI11 SIONS.—If a juvenile has been tried and convicted as an

12 adult, or adjudicated delinquent for any offense in which

13 the juvenile is otherwise tried pursuant to section 5032,

14 the restitution provisions contained in this title (including

15 sections 3663, 3663A, 2248, 2259, 2264, and 2327) and

16 title 21 shall apply to that juvenile in the same manner

17 and to the same extent as those provisions apply to

18 adults.’’.

19 SEC. 109. USE OF JUVENILE RECORDS.

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

21 amended—

22 (1) in subsection (a)—

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

24 the end;
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1 (B) in paragraph (6), by striking the pe2 riod at the end and inserting ‘‘; and’’;

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

4 following:

5 ‘‘(7) inquiries from any school or other edu6 cational institution for the purpose of ensuring the

7 public safety and security at such institution.’’; and

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

9 following:

10 ‘‘(c) PROHIBITION ON RELEASE OF CERTAIN INFOR11 MATION.—Unless’’;

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

13 subsections (d) and (e), respectively;

14 (3) by inserting immediately after subsection

15 (a) the following:

16 ‘‘(b) ACCESS BY UNITED STATES ATTORNEY.—Not17 withstanding subsection (a), in determining the appro18 priate disposition of a juvenile matter under section 5032,

19 the United States Attorney of the appropriate jurisdiction

20 shall have complete access to the official records of the

21 juvenile proceedings conducted under this title.’’;

22 (4) by inserting after subsection (e), as redesig23 nated, the following:

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

25 In any case in which a juvenile is tried as an adult, access
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1 to the record of the offenses of the juvenile shall be made

2 available in the same manner as is applicable to adult de3 fendants.’’;

4 (5) by striking ‘‘(d) Whenever’’ and all that fol5 lows through ‘‘adult defendants.’’ and inserting the

6 following:

7 ‘‘(g) FINGERPRINTS AND PHOTOGRAPHS.—Finger8 prints and photographs of a juvenile—

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

10 made available in the same manner as is applicable

11 to an adult defendant; and

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

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

14 (6) by striking ‘‘(e) Unless,’’ and inserting the

15 following:

16 ‘‘(h) NO PUBLICATION OF NAME OR PICTURE.—Un17 less’’;

18 (7) by striking ‘‘(f) Whenever’’ and inserting

19 the following:

20 ‘‘(i) INFORMATION TO FEDERAL BUREAU OF INVES21 TIGATION.—Whenever’’; and

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

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

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

25 and inserting ‘‘by a district court of the United
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1 States pursuant to section 5032 of committing

2 an act’’; and

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

4 as an adult or’’ before ‘‘were juvenile adjudica5 tions’’.

6 SEC. 110. INCARCERATION OF VIOLENT OFFENDERS.

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

8 amended—

9 (1) by designating the first 3 undesignated

10 paragraphs as subsections (a) through (c), respec11 tively; and

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

13 ‘‘(d) SEGREGATION OF JUVENILES CONVICTED OF

14 VIOLENT OFFENSES.—

15 ‘‘(1) DEFINITION.—In this subsection, the term

16 ‘crime of violence’ has the same meaning as in sec17 tion 16 of title 18, United States Code.

18 ‘‘(2) SEGREGATION.—The Director of the Bu19 reau of Prisons shall ensure that juveniles who are

20 alleged to be or determined to be delinquent are not

21 confined in any institution in which the juvenile has

22 regular sustained physical contact with adult persons

23 who are detained or confined.’’.
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1 SEC. 111. FEDERAL SENTENCING GUIDELINES.

2 Section 994(h) of title 28, United States Code, is

3 amended by inserting ‘‘, or in which the defendant is a

4 juvenile who is tried as an adult,’’ after ‘‘old or older’’.

5 TITLE II—JUVENILE GANGS

6 SEC. 201. SHORT TITLE.

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

8 Act’’.

9 SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPA10 TION IN CRIME AS A GANG MEMBER.

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

12 street gang’’ has the same meaning as in section 521(a)

13 of title 18, United States Code, as amended by section

14 203 of this title.

15 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

17 United States Code, the United States Sentencing Com18 mission shall amend the Federal sentencing guidelines to

19 provide an appropriate enhancement, increasing the of20 fense level by not less than 6 levels, for any offense, if

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

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

23 the defendant was a member of the criminal street gang

24 at the time of the offense.

25 (c) CONSTRUCTION WITH OTHER GUIDELINES.—

26 The amendment made pursuant to subsection (b) shall
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1 provide that the increase in the offense level shall be in

2 addition to any other adjustment under chapter 3 of the

3 Federal sentencing guidelines.

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

5 CRIMINAL STREET GANGS.

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

7 States Code, is amended—

8 (1) in subsection (a)—

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

10 inserting the following:

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

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

13 follows through the end of the subsection and

14 inserting the following:

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

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

17 organization, or association of 3 or more persons,

18 whether formal or informal—

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

20 commission of 1 or more predicate gang crimes;

21 ‘‘(B) any members of which engage, or

22 have engaged during the 5-year period preced23 ing the date in question, in a pattern of crimi24 nal gang activity; and
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1 ‘‘(C) the activities of which affect inter2 state or foreign commerce.

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

4 The term ‘pattern of criminal gang activity’ means

5 the commission of 2 or more predicate gang crimes

6 committed in connection with, or in furtherance of,

7 the activities of a criminal street gang—

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

9 after the date of enactment of the Federal

10 Gang Violence Act;

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

12 more than 5 years before the commission of an13 other predicate gang crime; and

14 ‘‘(C) that were committed on separate oc15 casions.

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

17 ‘predicate gang crime’ means an offense, including

18 an act of juvenile delinquency that, if committed by

19 an adult, would be an offense that is—

20 ‘‘(A) a Federal offense—

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

22 that term is defined in section 16) includ23 ing carjacking, drive-by-shooting, shooting

24 at an unoccupied dwelling or motor vehicle,
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1 assault with a deadly weapon, and homi2 cide;

3 ‘‘(ii) that involves a controlled sub4 stance (as that term is defined in section

5 102 of the Controlled Substances Act (21

6 U.S.C. 802)) for which the penalty is im7 prisonment for not less than 5 years;

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

9 844, section 875 or 876 (relating to extor10 tion and threats), section 1084 (relating to

11 gambling), section 1955 (relating to gam12 bling), chapter 44 (relating to firearms), or

13 chapter 73 (relating to obstruction of jus14 tice);

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

16 1956 (relating to money laundering), inso17 far as the violation of such section is relat18 ed to a Federal or State offense involving

19 a controlled substance (as that term is de20 fined in section 102 of the Controlled Sub21 stances Act (21 U.S.C. 802)); or

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

23 274(a)(1)(A), 277, or 278 of the Immigra24 tion and Nationality Act (8 U.S.C.
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1 1324(a)(1)(A), 1327, or 1328) (relating to

2 alien smuggling);

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

4 would constitute an offense under subparagraph

5 (A) if Federal jurisdiction existed or had been

6 exercised; or

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

8 to commit an offense described in subparagraph

9 (A) or (B).

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

11 of the United States, the District of Columbia, Puer12 to Rico, Guam, the Virgin Islands, and any other

13 territory of possession of the United States.’’; and

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

15 inserting the following:

16 ‘‘(b) CRIMINAL PENALTIES.—Any person who en17 gages in a pattern of criminal gang activity—

18 ‘‘(1) shall be sentenced to—

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

20 than 10 years and not more than life, fined in

21 accordance with this title, or both; and

22 ‘‘(B) the forfeiture prescribed in section

23 413 of the Controlled Substances Act (21

24 U.S.C. 853); and
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1 ‘‘(2) if any person engages in such activity after

2 1 or more prior convictions under this section have

3 become final, shall be sentenced to—

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

5 than 20 years and not more than life, fined in

6 accordance with this title, or both; and

7 ‘‘(B) the forfeiture prescribed in section

8 412 of the Controlled Substances Act (21

9 U.S.C. 853).’’.

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

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

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

13 title,’’.

14 SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANS15 PORTATION IN AID OF CRIMINAL STREET

16 GANGS.

17 (a) TRAVEL ACT AMENDMENTS.—

18 (1) PROHIBITED CONDUCT AND PENALTIES.—

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

20 amended to read as follows:

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

22 ‘‘(1) IN GENERAL.—Any person who—

23 ‘‘(A) travels in interstate or foreign com24 merce or uses the mail or any facility in inter25 state or foreign commerce, with intent to—
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1 ‘‘(i) distribute the proceeds of any un2 lawful activity; or

3 ‘‘(ii) otherwise promote, manage, es4 tablish, carry on, or facilitate the pro5 motion, management, establishment, or

6 carrying on, of any unlawful activity; and

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

8 facility in interstate or foreign commerce de9 scribed in subparagraph (A), performs, at10 tempts to perform, or conspires to perform an

11 act described in clause (i) or (ii) of subpara12 graph (A),

13 shall be fined under this title, imprisoned not more

14 than 10 years, or both.

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

16 who—

17 ‘‘(A) travels in interstate or foreign com18 merce or uses the mail or any facility in inter19 state or foreign commerce, with intent to com20 mit any crime of violence to further any unlaw21 ful activity; and

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

23 facility in interstate or foreign commerce de24 scribed in subparagraph (A), commits, attempts
26

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1 to commit, or conspires to commit any crime of

2 violence to further any unlawful activity,

3 shall be fined under this title, imprisoned for not

4 more than 20 years, or both, and if death results

5 shall be sentenced to death or be imprisoned for any

6 term of years or for life.’’.

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

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

9 ‘‘(b) DEFINITIONS.—In this section:

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

11 ‘controlled substance’ has the same meaning as in

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

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

14 ‘‘(2) STATE.—The term ‘State’ includes a State

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

16 any commonwealth, territory, or possession of the

17 United States.

18 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw19 ful activity’ means—

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

21 defined in section 521);

22 ‘‘(B) any business enterprise involving

23 gambling, liquor on which the Federal excise

24 tax has not been paid, narcotics or controlled

25 substances, or prostitution offenses in violation
27

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

2 committed or of the United States;

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

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

7 bodily injury, possession of or trafficking in sto8 len property, illegally trafficking in firearms,

9 kidnapping, alien smuggling, or shooting at an

10 occupied dwelling or motor vehicle, in each case,

11 in violation of the laws of the State in which

12 the offense is committed or of the United

13 States; or

14 ‘‘(D) any act that is indictable under sec15 tion 1956 or 1957 of this title or under sub16 chapter II of chapter 53 of title 31.’’.

17 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

20 the United States Sentencing Commission shall

21 amend chapter 2 of the Federal sentencing guide22 lines so that—

23 (A) the base offense level for traveling in

24 interstate or foreign commerce in aid of a
28

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1 criminal street gang or other unlawful activity

2 is increased to 12; and

3 (B) the base offense level for the commis4 sion of a crime of violence in aid of a criminal

5 street gang or other unlawful activity is in6 creased to 24.

7 (2) DEFINITIONS.—In this subsection—

8 (A) the term ‘‘crime of violence’’ has the

9 same meaning as in section 16 of title 18, Unit10 ed States Code;

11 (B) the term ‘‘criminal street gang’’ has

12 the same meaning as in 521(a) of title 18,

13 United States Code, as amended by section 203

14 of this title; and

15 (C) the term ‘‘unlawful activity’’ has the

16 same meaning as in section 1952(b) of title 18,

17 United States Code, as amended by this sec18 tion.

19 SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN

20 CRIMINAL GANG ACTIVITY.

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

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

23 following:
29

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

2 criminal street gang activity

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

4 person to—

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

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

7 recruit, solicit, request, induce, counsel, command,

8 or cause another person to be a member of a crimi9 nal street gang, or conspire to do so; or

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

11 command, or cause another person to engage in a

12 predicate gang crime for which such person may be

13 prosecuted in a court of the United States, or con14 spire to do so.

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

16 (a) shall—

17 ‘‘(1) if the person recruited—

18 ‘‘(A) is a minor, be imprisoned for a term

19 of not less than 4 years and not more than 10

20 years, fined in accordance with this title, or

21 both; or

22 ‘‘(B) is not a minor, be imprisoned for a

23 term of not less than 1 year and not more than

24 10 years, fined in accordance with this title, or

25 both; and
30

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

2 Federal Government or by any State or local govern3 ment for housing, maintaining, and treating the

4 minor until the minor reaches the age of 18.

5 ‘‘(c) DEFINITIONS.—In this section—

6 ‘‘(1) the terms ‘criminal street gang’ and ‘pred7 icate gang crime’ have the same meanings as in sec8 tion 521; and

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

10 younger than 18 years of age.’’.

11 (b) SENTENCING GUIDELINES.—Pursuant to its au12 thority under section 994(p) of title 28, United States

13 Code, the United States Sentencing Commission shall

14 amend chapter 2 of the Federal sentencing guidelines to

15 provide an appropriate enhancement for any offense in16 volving the recruitment of a minor to participate in a gang

17 activity.

18 (c) TECHNICAL AMENDMENT.—The chapter analysis

19 for chapter 26 of title 18, United States Code, is amended

20 by adding at the end the following:

‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.
31

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1 SEC. 206. CRIMES INVOLVING THE RECRUITMENT OF PER2 SONS TO PARTICIPATE IN CRIMINAL STREET

3 GANGS AND FIREARMS OFFENSES AS RICO

4 PREDICATES.

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

6 amended—

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

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

9 the following: ‘‘, (G) an offense under section 522 of

10 this title, or (H) an act or conspiracy to commit any

11 violation of chapter 44 of this title (relating to fire12 arms)’’.

13 SEC. 207. PROHIBITIONS RELATING TO FIREARMS.

14 (a) PENALTIES.—Section 924(a)(6) of title 18, Unit15 ed States Code, is amended—

16 (1) by striking subparagraph (A);

17 (2) by redesignating subparagraph (B) as sub18 paragraph (A);

19 (3) in subparagraph (A), as redesignated—

20 (A) by striking ‘‘(B) A person other than

21 a juvenile who knowingly’’ and inserting ‘‘(A) A

22 person who knowingly’’;

23 (B) in clause (i), by striking ‘‘not more

24 than 1 year’’ and inserting ‘‘not less than 1

25 year and not more than 5 years’’; and
32

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1 (C) in clause (ii), by inserting ‘‘not less

2 than 1 year and’’ after ‘‘imprisoned’’; and

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

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

5 mandatory minimum sentence shall apply to a juve6 nile who is less than 13 years of age.’’.

7 (b) SERIOUS JUVENILE DRUG OFFENSES AS ARMED

8 CAREER CRIMINAL PREDICATES.—Section 924(e)(2)(A)

9 of title 18, United States Code, is amended—

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

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

12 and

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

14 ‘‘(iii) any act of juvenile delinquency that

15 if committed by an adult would be an offense

16 described in clause (i) or (ii);’’.

17 (c) TRANSFER OF FIREARMS TO MINORS FOR USE

18 IN CRIME.—Section 924(h) of title 18, United States

19 Code, is amended by striking ‘‘10 years, fined in accord20 ance with this title, or both’’ and inserting ‘‘10 years, and

21 if the transferee is a person who is under 18 years of age,

22 imprisoned for a term of not less than 3 years, fined in

23 accordance with this title, or both’’.
33

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1 SEC. 208. AMENDMENT OF SENTENCING GUIDELINES WITH

2 RESPECT TO BODY ARMOR.

3 (a) DEFINITIONS.—In this section—

4 (1) the term ‘‘body armor’’ means any product

5 sold or offered for sale as personal protective body

6 covering intended to protect against gunfire, regard7 less of whether the product is to be worn alone or

8 is sold as a complement to another product or gar9 ment; and

10 (2) the term ‘‘law enforcement officer’’ means

11 any officer, agent, or employee of the United States,

12 a State, or a political subdivision of a State, author13 ized by law or by a government agency to engage in

14 or supervise the prevention, detection, investigation,

15 or prosecution of any violation of criminal law.

16 (b) SENTENCING ENHANCEMENT.—The United

17 States Sentencing Commission shall amend the Federal

18 sentencing guidelines to provide an appropriate sentencing

19 enhancement, increasing the offense level not less than 2

20 levels, for any crime in which the defendant used body

21 armor.

22 (c) APPLICABILITY.—No Federal sentencing guide23 line amendment made pursuant to this section shall apply
34

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1 if the Federal crime in which the body armor is used con2 stitutes a violation of, attempted violation of, or conspir3 acy to violate the civil rights of a person by a law enforce4 ment officer acting under color of the authority of such

5 law enforcement officer.

6 SEC. 209. ADDITIONAL PROSECUTORS.

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

8 for each of the fiscal years 1998, 1999, 2000, 2001, and

9 2002 for the hiring of Assistant United States Attorneys

10 and attorneys in the Criminal Division of the Department

11 of Justice to prosecute juvenile criminal street gangs (as

12 that term is defined in section 521(a) of title 18, United

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

14 TITLE III—JUVENILE CRIME

15 CONTROL AND ACCOUNT16 ABILITY

17 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI18 TIONS.

19 Title I of the Juvenile Justice and Delinquency Pre20 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

21 to read as follows:

22 ‘‘TITLE I—FINDINGS AND

23 DECLARATION OF PURPOSE

24 ‘‘SEC. 101. FINDINGS.

25 ‘‘Congress makes the following findings:
35

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1 ‘‘(1) During the past several years, the United

2 States has experienced an alarming increase in ar3 rests of adolescents for murder, assault, and weap4 ons offenses.

5 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar6 rests for violent crimes, including murder, robbery,

7 aggravated assault, and rape, including 514 such ar8 rests per 100,000 juveniles 10 through 17 years of

9 age.

10 ‘‘(3) Understaffed, overcrowded juvenile courts,

11 prosecutorial and public defender offices, probation

12 services, and correctional facilities no longer ade13 quately address the changing nature of juvenile

14 crime, protect the public, and correct youth offend15 ers.

16 ‘‘(4) The juvenile justice system has proven in17 adequate to meet the needs of society, because insuf18 ficient sanctions are imposed on serious youth of19 fenders and the needs of children, who may be at

20 risk of becoming delinquents.

21 ‘‘(5) Existing programs and policies have not

22 adequately responded to the particular threat of

23 drugs, alcohol abuse, violence, and gangs pose to the

24 youth of the Nation.
36

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1 ‘‘(6) Demographic increases projected in the

2 number of youth offenders require reexamination of

3 the prosecution and incarceration policies for serious

4 violent youth offenders.

5 ‘‘(7) State and local communities that experi6 ence directly the devastating failures of the juvenile

7 justice system require assistance to deal comprehen8 sively with the problems of juvenile delinquency.

9 ‘‘(8) Existing Federal programs have not pro10 vided the States with necessary flexibility, and have

11 not provided coordination, resources, and leadership

12 required to meet the crisis of youth violence.

13 ‘‘(9) Overlapping and uncoordinated Federal

14 programs have created a multitude of Federal fund15 ing streams to State and local governments, that

16 have become a barrier to effective program coordina17 tion, responsive public safety initiatives, and the pro18 vision of comprehensive services for children and

19 youth.

20 ‘‘(10) Violent crime by juveniles constitutes a

21 growing threat to the national welfare that requires

22 an immediate and comprehensive governmental re23 sponse, combining flexibility and coordinated evalua24 tion.
37

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1 ‘‘(11) Limited State and local resources are

2 being wasted complying with the unnecessary Fed3 eral mandate that status offenders be deinstitu4 tionalized. Some communities believe that curfews

5 are appropriate for juveniles, and those communities

6 should not be prohibited by the Federal Government

7 from using confinement for status offenses as a

8 means of dealing with delinquent behavior before it

9 becomes criminal conduct.

10 ‘‘(12) Limited State and local resources are

11 being wasted complying with the unnecessary Fed12 eral mandate that no juvenile be detained or con13 fined in any jail or lockup for adults, because it can

14 be feasible to separate adults and juveniles in 1 fa15 cility. This mandate is particularly burdensome for

16 rural communities.

17 ‘‘(13) The role of the Federal Government

18 should be to encourage and empower communities to

19 develop and implement policies to protect adequately

20 the public from serious juvenile crime as well as

21 comprehensive programs to reduce risk factors and

22 prevent juvenile delinquency.

23 ‘‘(14) A strong partnership among law enforce24 ment, local government, juvenile and family courts,

25 schools, businesses, philanthropic organizations,
38

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1 families, and the religious community, can create a

2 community environment that supports the youth of

3 the Nation in reaching their highest potential and

4 reduces the destructive trend of juvenile crime.

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

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

7 ‘‘(1) to protect the public and to hold juveniles

8 accountable for their acts;

9 ‘‘(2) to empower States and communities to de10 velop and implement comprehensive programs that

11 support families and reduce risk factors and prevent

12 serious youth crime and juvenile delinquency;

13 ‘‘(3) to provide for the thorough and ongoing

14 evaluation of all federally funded programs address15 ing juvenile crime and delinquency;

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

17 and private nonprofit entities that protect public

18 safety, administer justice and corrections to delin19 quent youth, or provide services to youth at risk of

20 delinquency, and their families;

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

22 the problems of youth crime and juvenile delin23 quency, including the dissemination of the findings

24 of such research and all related data;
39

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1 ‘‘(6) to establish a Federal assistance program

2 to deal with the problems of runaway and homeless

3 youth;

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

5 improving the administration of justice for juveniles;

6 ‘‘(8) to assist the State and local governments

7 in reducing the level of youth violence;

8 ‘‘(9) to assist State and local governments in

9 promoting public safety by supporting juvenile delin10 quency prevention and control activities;

11 ‘‘(10) to encourage and promote programs de12 signed to keep in school juvenile delinquents expelled

13 or suspended for disciplinary reasons;

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

15 promoting public safety by encouraging accountabil16 ity through the imposition of meaningful sanctions

17 for acts of juvenile delinquency;

18 ‘‘(12) to assist State and local governments in

19 promoting public safety by improving the extent, ac20 curacy, availability and usefulness of juvenile court

21 and law enforcement records and the openness of

22 the juvenile justice system;
40

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

2 promoting public safety by encouraging the identi3 fication of violent and hardcore juveniles and trans4 ferring such juveniles out of the jurisdiction of the

5 juvenile justice system and into the jurisdiction of

6 adult criminal court;

7 ‘‘(14) to assist State and local governments in

8 promoting public safety by providing resources to

9 States to build or expand juvenile detention facili10 ties;

11 ‘‘(15) to provide for the evaluation of federally

12 assisted juvenile crime control programs, and train13 ing necessary for the establishment and operation of

14 such programs;

15 ‘‘(16) to ensure the dissemination of informa16 tion regarding juvenile crime control programs by

17 providing a national clearinghouse; and

18 ‘‘(17) to provide technical assistance to public

19 and private nonprofit juvenile justice and delin20 quency prevention programs.

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

22 Congress to provide resources, leadership, and coordina23 tion—

24 ‘‘(1) to combat youth violence and to prosecute

25 and punish effectively violent juvenile offenders; and
41

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

2 the United States.

3 ‘‘SEC. 103. DEFINITIONS.

4 ‘‘In this Act:

5 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis6 trator’ means the Administrator of the Office of Ju7 venile Crime Control and Accountability.

8 ‘‘(2) CONSTRUCTION.—The term ‘construction’

9 means acquisition, expansion, remodeling, and alter10 ation of existing buildings, and initial equipment of

11 any such buildings, or any combination of such ac12 tivities (including architects’ fees but not the cost of

13 acquisition of land for buildings).

14 ‘‘(3) JUVENILE POPULATION.—The term ‘juve15 nile population’ means the population of a State

16 under 18 years of age.

17 ‘‘(4) OFFICE.—The term ‘Office’ means the Of18 fice of Juvenile Crime Control and Accountability es19 tablished under section 201.

20 ‘‘(5) OUTCOME OBJECTIVE.—The term ‘out21 come objective’ means an objective that relates to

22 the impact of a program or initiative, that measures

23 the reduction of high risk behaviors, such as inci24 dence of arrest, the commission of criminal acts or

25 acts of delinquency, failure in school, violence, the
42

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1 use of alcohol or illegal drugs, involvement of youth

2 gangs, and teenage pregnancy, among youth in the

3 community.

4 ‘‘(6) PROCESS OBJECTIVE.—The term ‘process

5 objective’ means an objective that relates to the

6 manner in which a program or initiative is carried

7 out, including—

8 ‘‘(A) an objective relating to the degree to

9 which the program or initiative is reaching the

10 target population; and

11 ‘‘(B) an objective relating to the degree to

12 which the program or initiative addresses

13 known risk factors for youth problem behaviors

14 and incorporates activities that inhibit the be15 haviors and that build on protective factors for

16 youth.

17 ‘‘(7) STATE.—The term ‘State’ means any

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

19 the Commonwealth of Puerto Rico, the Trust Terri20 tory of the Pacific Islands, the Virgin Islands,

21 Guam, American Samoa, and the Commonwealth of

22 the Northern Mariana Islands.

23 ‘‘(8) STATE OFFICE.—The term ‘State office’

24 means an office designated by the chief executive of25 ficer of a State to carry out this title, as provided
43

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1 in section 507 of the Omnibus Crime Control and

2 Safe Streets Act of 1968 (42 U.S.C. 3757).

3 ‘‘(9) TREATMENT.—The term ‘treatment’ in4 cludes medical and other rehabilitative services de5 signed to protect the public, including any services

6 designed to benefit addicts and other users by—

7 ‘‘(A) eliminating their dependence on alco8 hol or other addictive or nonaddictive drugs; or

9 ‘‘(B) controlling their dependence and sus10 ceptibility to addiction or use.

11 ‘‘(10) YOUTH.—The term ‘youth’ means an in12 dividual who is not less than 6 years of age and not

13 more than 17 years of age.’’.

14 SEC. 302. YOUTH CRIME CONTROL AND ACCOUNTABILITY

15 BLOCK GRANTS.

16 (a) OFFICE OF JUVENILE CRIME CONTROL AND AC17 COUNTABILITY.—Section 201 of the Juvenile Justice and

18 Delinquency Prevention Act of 1974 (42 U.S.C. 5611) is

19 amended—

20 (1) in subsection (a), by striking ‘‘Office of Ju21 venile Justice and Delinquency Prevention’’ and in22 serting ‘‘Office of Juvenile Crime Control and Ac23 countability’’; and

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

25 ‘‘(d) DELEGATION AND ASSIGNMENT.—
44

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1 ‘‘(1) IN GENERAL.—Except as otherwise ex2 pressly prohibited by law or otherwise provided by

3 this title, the Administrator may—

4 ‘‘(A) delegate any of the functions of the

5 Administrator, and any function transferred or

6 granted to the Administrator after the date of

7 enactment of this Act, to such officers and em8 ployees of the Office as the Administrator may

9 designate; and

10 ‘‘(B) authorize successive redelegations of

11 such functions as may be necessary or appro12 priate.

13 ‘‘(2) RESPONSIBILITY.—No delegation of func14 tions by the Administrator under this subsection or

15 under any other provision of this title shall relieve

16 the Administrator of responsibility for the adminis17 tration of such functions.

18 ‘‘(e) REORGANIZATION.—The Administrator may al19 locate or reallocate any function transferred among the

20 officers of the Office, and establish, consolidate, alter, or

21 discontinue such organizational entities in that Office as

22 may be necessary or appropriate.’’.

23 (b) NATIONAL PROGRAM.—Section 204 of the Juve24 nile Justice and Delinquency Prevention Act of 1974 (42

25 U.S.C. 5614) is amended to read as follows:
45

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1 ‘‘SEC. 204. NATIONAL PROGRAM.

2 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL AND JU3 VENILE OFFENDER ACCOUNTABILITY PLAN.—

4 ‘‘(1) IN GENERAL.—The Administrator shall

5 develop objectives, priorities, and short- and long6 term plans, and shall implement overall policy and

7 a strategy to carry out such plan, for all Federal ju8 venile crime control and juvenile offender account9 ability programs and activities relating to improving

10 juvenile crime control and the enhancement of ac11 countability by offenders within the juvenile justice

12 system in the United States.

13 ‘‘(2) CONTENTS OF PLANS.—

14 ‘‘(A) IN GENERAL.—Each plan described

15 in paragraph (1) shall—

16 ‘‘(i) contain specific, measurable goals

17 and criteria for reducing the incidence of

18 crime and delinquency among juveniles,

19 improving juvenile crime control, and en20 suring accountability by offenders within

21 the juvenile justice system in the United

22 States, and shall include criteria for any

23 discretionary grants and contracts, for con24 ducting research, and for carrying out

25 other activities under this title;
46

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1 ‘‘(ii) provide for coordinating the ad2 ministration of programs and activities

3 under this title with the administration of

4 all other Federal juvenile crime control and

5 juvenile offender accountability programs

6 and activities, including proposals for joint

7 funding to be coordinated by the Adminis8 trator;

9 ‘‘(iii) provide a detailed summary and

10 analysis of the most recent data available

11 regarding the number of juveniles taken

12 into custody, the rate at which juveniles

13 are taken into custody, and the trends

14 demonstrated by such data.

15 ‘‘(iv) provide a description of the ac16 tivities for which amounts are expended

17 under this title;

18 ‘‘(v) provide specific information relat19 ing to the attainment of goals set forth in

20 the plan, including specific, measurable

21 standards for assessing progress toward

22 national juvenile crime reduction and juve23 nile offender accountability goals; and

24 ‘‘(vi) provide for the coordination of

25 Federal, State, and local initiatives for the
47

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1 reduction of youth crime and ensuring ac2 countability for juvenile offenders.

3 ‘‘(B) SUMMARY AND ANALYSIS.—Each

4 summary and analysis under subparagraph

5 (A)(iii) shall set out the information required by

6 clauses (i), (ii), and (iii) of this subparagraph

7 separately for juvenile nonoffenders, juvenile

8 status offenders, and other juvenile offenders.

9 Such summary and analysis shall separately ad10 dress with respect to each category of juveniles

11 specified in the preceding sentence—

12 ‘‘(i) the types of offenses with which

13 the juveniles are charged;

14 ‘‘(ii) the ages of the juveniles;

15 ‘‘(iii) the types of facilities used to

16 hold the juveniles (including juveniles

17 treated as adults for purposes of prosecu18 tion) in custody, including secure detention

19 facilities, secure correctional facilities, jails,

20 and lockups; and

21 ‘‘(iv) the number of juveniles who died

22 while in custody and the circumstances

23 under which each juvenile died.

24 ‘‘(3) ANNUAL REVIEW.—The Administrator

25 shall annually—
48

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1 ‘‘(A) review each plan submitted under this

2 subsection;

3 ‘‘(B) revise the plans, as the Administrator

4 considers appropriate; and

5 ‘‘(C) not later than March 1 of each year,

6 present the plans to the Committees on the Ju7 diciary of the Senate and the House of Rep8 resentatives.

9 ‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out

10 this title, the Administrator shall—

11 ‘‘(1) advise the President through the Attorney

12 General as to all matters relating to federally as13 sisted juvenile crime control and juvenile offender

14 accountability programs, and Federal policies re15 garding juvenile crime and justice, including policies

16 relating to juveniles prosecuted or adjudicated in the

17 Federal courts;

18 ‘‘(2) implement and coordinate Federal juvenile

19 crime control and juvenile offender accountability

20 programs and activities among Federal departments

21 and agencies and between such programs and activi22 ties and other Federal programs and activities that
49

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1 the Administrator determines may have an impor2 tant bearing on the success of the entire national ju3 venile crime control and juvenile offender account4 ability effort;

5 ‘‘(3) provide for the auditing of grants provided

6 pursuant to this title;

7 ‘‘(4) collect, prepare, and disseminate useful

8 data regarding the prevention, correction, and con9 trol of juvenile crime and delinquency, and issue, not

10 less frequently than once each calendar year, a re11 port on successful programs and juvenile crime re12 duction methods utilized by States, localities, and

13 private entities;

14 ‘‘(5) ensure the performance of comprehensive

15 rigorous independent scientific evaluations, each of

16 which shall—

17 ‘‘(A) be independent in nature, and shall

18 employ rigorous and scientifically valid stand19 ards and methodologies; and

20 ‘‘(B) include measures of outcome and

21 process objectives, such as reductions in juve22 nile crime, youth gang activity, youth substance

23 abuse, and other high risk factors, as well as in24 creases in protective factors that reduce the

25 likelihood of delinquency and criminal behavior;
50

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1 ‘‘(6) involve consultation with appropriate au2 thorities in the States and with appropriate private

3 entities in the development, review, and revision of

4 the plans required by subsection (a) and in the de5 velopment of policies relating to juveniles prosecuted

6 or adjudicated in the Federal courts; and

7 ‘‘(7) provide technical assistance to the States,

8 units of local government, and private entities in im9 plementing programs funded by grants under this

10 title.

11 ‘‘(c) NATIONAL JUVENILE CRIME CONTROL AND JU12 VENILE OFFENDER ACCOUNTABILITY BUDGET.—

13 ‘‘(1) IN GENERAL.—The Administrator shall—

14 ‘‘(A) develop for each fiscal year, with the

15 advice of the program managers of departments

16 and agencies with responsibilities for any Fed17 eral juvenile crime control or juvenile offender

18 accountability program, a consolidated National

19 Juvenile Crime Control and Juvenile Offender

20 Accountability Plan budget proposal to imple21 ment the National Juvenile Crime Control and

22 Juvenile Offender Accountability Plan; and

23 ‘‘(B) transmit such budget proposal to the

24 President and to Congress.
51

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1 ‘‘(2) SUBMISSION OF JUVENILE OFFENDER AC2 COUNTABILITY BUDGET REQUEST.—

3 ‘‘(A) IN GENERAL.—Each Federal Govern4 ment program manager, agency head, and de5 partment head with responsibility for any Fed6 eral juvenile crime control or juvenile offender

7 accountability program shall submit the juvenile

8 crime control and juvenile offender accountabil9 ity budget request of the program, agency, or

10 department to the Administrator at the same

11 time as such request is submitted to their supe12 riors (and before submission to the Office of

13 Management and Budget) in the preparation of

14 the budget of the President submitted to Con15 gress under section 1105(a) of title 31, United

16 States Code.

17 ‘‘(B) TIMELY DEVELOPMENT AND SUBMIS18 SION.—The head of each department or agency

19 with responsibility for a Federal juvenile crime

20 control or juvenile offender accountability pro21 gram shall ensure timely development and sub22 mission to the Administrator of juvenile crime

23 control and juvenile offender accountability

24 budget requests transmitted pursuant to this
52

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1 subsection, in such format as may be des2 ignated by the Administrator with the concur3 rence of the Administrator of the Office of

4 Management and Budget.

5 ‘‘(3) REVIEW AND CERTIFICATION.—The Ad6 ministrator shall—

7 ‘‘(A) review each juvenile crime control and

8 juvenile offender accountability budget request

9 transmitted to the Administrator under para10 graph (2);

11 ‘‘(B) certify in writing as to the adequacy

12 of such request in whole or in part to imple13 ment the objectives of the National Juvenile

14 Crime Control and Juvenile Offender Account15 ability Plan for the year for which the request

16 is submitted and, with respect to a request that

17 is not certified as adequate to implement the

18 objectives of the National Juvenile Crime Con19 trol and Juvenile Offender Accountability Plan,

20 include in the certification an initiative or fund21 ing level that would make the request adequate;

22 and
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1 ‘‘(C) notify the program manager, agency

2 head, or department head, as applicable, re3 garding the certification of the Administrator

4 under subparagraph (B).

5 ‘‘(4) RECORDKEEPING REQUIREMENT.—The

6 Administrator shall maintain records regarding cer7 tifications under paragraph (3)(B).

8 ‘‘(5) FUNDING REQUESTS.—The Administrator

9 shall request the head of a department or agency to

10 include in the budget submission of the department

11 or agency to the Office of Management and Budget,

12 funding requests for specific initiatives that are con13 sistent with the priorities of the President for the

14 National Juvenile Crime Control and Juvenile Of15 fender Accountability Plan and certifications made

16 pursuant to paragraph (3), and the head of the de17 partment or agency shall comply with such a re18 quest.

19 ‘‘(6) REPROGRAMMING AND TRANSFER RE20 QUESTS.—

21 ‘‘(A) IN GENERAL.—No department or

22 agency with responsibility for a Federal juvenile

23 crime control or juvenile offender accountability

24 program shall submit to Congress a reprogram25 ming or transfer request with respect to any
54

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1 amount of appropriated amounts greater than

2 $5,000,000 that is included in the National Ju3 venile Crime Control and Juvenile Offender Ac4 countability Plan budget unless such request

5 has been approved by the Administrator.

6 ‘‘(B) APPEAL TO PRESIDENT.—The head

7 of any department or agency with responsibility

8 for a Federal juvenile crime control or juvenile

9 offender accountability program may appeal to

10 the President any disapproval by the Adminis11 trator of a reprogramming or transfer request.

12 ‘‘(7) QUARTERLY REPORTS.—The Adminis13 trator shall report to Congress on a quarterly basis

14 regarding the need for any reprogramming or trans15 fer of appropriated amounts for National Juvenile

16 Crime Control and Juvenile Offender Accountability

17 Plan activities.

18 ‘‘(d) INFORMATION, REPORTS, STUDIES, AND SUR19 VEYS FROM OTHER AGENCIES.—The Administrator may

20 require, through appropriate authority, Federal depart21 ments and agencies engaged in any activity involving any

22 Federal juvenile crime control and juvenile offender ac23 countability program to provide the Administrator with

24 such information and reports, and to conduct such studies
55

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1 and surveys, as the Administrator determines to be nec2 essary to carry out the purposes of this title.

3 ‘‘(e) UTILIZATION OF SERVICES AND FACILITIES OF

4 OTHER AGENCIES; REIMBURSEMENT.—The Adminis5 trator may utilize the services and facilities of any agency

6 of the Federal Government and of any other public agency

7 or institution in accordance with appropriate agreements,

8 and to pay for such services either in advance or by way

9 of reimbursement as may be agreed upon.

10 ‘‘(f) COORDINATION OF FUNCTIONS OF ADMINIS11 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV12 ICES.—All functions of the Administrator under title shall

13 be coordinated as appropriate with the functions of the

14 Secretary of Health and Human Services under title III.

15 ‘‘(g) ANNUAL JUVENILE DELINQUENCY DEVELOP16 MENT STATEMENTS.—

17 ‘‘(1) IN GENERAL.—The Administrator shall re18 quire through appropriate authority each Federal

19 agency that administers a Federal juvenile crime

20 control and juvenile offender accountability program

21 to submit annually to the Office a juvenile crime

22 control and juvenile offender accountability develop23 ment statement. Such statement shall be in addition

24 to any information, report, study, or survey that the

25 Administrator may require under subsection (d).
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1 ‘‘(2) CONTENTS.—Each development statement

2 submitted to the Administrator under paragraph (1)

3 shall contain such information, data, and analyses as

4 the Administrator may require. Such analyses shall

5 include an analysis of the extent to which the pro6 gram of the Federal agency submitting such develop7 ment statement conforms with and furthers Federal

8 juvenile crime control and juvenile offender account9 ability prevention and treatment goals and policies.

10 ‘‘(3) REVIEW AND COMMENT.—

11 ‘‘(A) IN GENERAL.—The Administrator

12 shall review and comment upon each juvenile

13 crime control and juvenile offender accountabil14 ity development statement transmitted to the

15 Administrator under paragraph (1).

16 ‘‘(B) INCLUSION IN OTHER DOCUMENTA17 TION.—Such development statement, together

18 with the comments of the Administrator, shall

19 be included by the Federal agency involved in

20 every recommendation or request made by such

21 agency for Federal legislation that significantly

22 affects juvenile crime control and juvenile of23 fender accountability.

24 ‘‘(h) JUVENILE CRIME CONTROL AND JUVENILE OF25 FENDER ACCOUNTABILITY INCENTIVE BLOCK GRANTS.—
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1 ‘‘(1) IN GENERAL.—The Administrator shall

2 make, subject to the availability of appropriations,

3 grants to States to assist them in planning, estab4 lishing, operating, coordinating, and evaluating

5 projects, directly or through grants and contracts

6 with public and private agencies, for the develop7 ment of more effective investigation, prosecution,

8 and punishment (including the imposition of grad9 uated sanctions) of crimes or acts of delinquency

10 committed by juveniles, programs to improve the ad11 ministration of justice for and ensure accountability

12 by juvenile offenders, and programs to reduce the

13 risk factors (such as truancy, drug or alcohol use,

14 and gang involvement) associated with juvenile crime

15 or delinquency.

16 ‘‘(2) USE OF GRANTS.—Grants under this title

17 may be used—

18 ‘‘(A) for programs to enhance the identi19 fication, investigation, prosecution, and punish20 ment of juvenile offenders, such as—

21 ‘‘(i) the utilization of graduated sanc22 tions;

23 ‘‘(ii) the utilization of short-term con24 finement of juveniles who are charged with

25 or who are convicted of—
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1 ‘‘(I) a crime of violence (as that

2 term is defined in section 16 of title

3 18, United States Code);

4 ‘‘(II) an offense involving a con5 trolled substance (as that term is de6 fined in section 102 of the Controlled

7 Substances Act (21 U.S.C. 802);

8 ‘‘(III) an offense involving pos9 session of a firearm (as that term is

10 defined in section 921(a) of title 18,

11 United States Code); or

12 ‘‘(IV) an offense involving posses13 sion of a destructive device (as that

14 term is defined in section 921(a) of

15 title 18, United States Code); and

16 ‘‘(iii) the incarceration of violent juve17 nile offenders for extended periods of time

18 (including up to the length of adult sen19 tences);

20 ‘‘(B) for programs that provide restitution

21 to the victims of crimes committed by juveniles;

22 ‘‘(C) for programs that require juvenile of23 fenders to attend and successfully complete

24 school or vocational training;
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1 ‘‘(D) for programs that require juvenile of2 fenders who are parents to demonstrate paren3 tal responsibility by working and paying child

4 support;

5 ‘‘(E) for programs that seek to curb or

6 punish truancy;

7 ‘‘(F) for programs designed to collect,

8 record, and disseminate information useful in

9 the identification, prosecution, and sentencing

10 of offenders, such as criminal history informa11 tion, fingerprints, and DNA tests;

12 ‘‘(G) for programs that provide that, when13 ever a juvenile who is not less than 14 years of

14 age is adjudicated delinquent, as defined by

15 Federal or State law in a juvenile delinquency

16 proceeding for conduct that, if committed by an

17 adult, would constitute a felony under Federal

18 or State law, the State shall ensure that a

19 record is kept relating to the adjudication that

20 is—

21 ‘‘(i) equivalent to the record that

22 would be kept of an adult conviction for

23 such an offense;
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1 ‘‘(ii) retained for a period of time that

2 is equal to the period of time that records

3 are kept for adult convictions;

4 ‘‘(iii) made available to law enforce5 ment agencies of any jurisdiction; and

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

7 school, school district, or postsecondary

8 school where the individual who is the sub9 ject of the juvenile record seeks, intends,

10 or is instructed to enroll, and that such of11 ficials are held liable to the same stand12 ards and penalties that law enforcement

13 and juvenile justice system employees are

14 held liable to, under Federal and State

15 law, for handling and disclosing such infor16 mation;

17 ‘‘(H) for juvenile crime control and preven18 tion programs (such as curfews, youth organi19 zations, antidrug programs, antigang programs,

20 and after school activities) that include a rigor21 ous, comprehensive evaluation component that

22 measures the decrease in risk factors associated

23 with the juvenile crime and delinquency and

24 employs scientifically valid standards and meth25 odologies;
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1 ‘‘(I) for the development and implementa2 tion of coordinated multijurisdictional or multi3 agency programs for the identification, control,

4 supervision, prevention, investigation, and treat5 ment of the most serious juvenile offenses and

6 offenders, sometimes known as a ‘SHOCAP

7 Program’ (Serious Habitual Offenders Com8 prehensive Action Program); or

9 ‘‘(J) for the development and implementa10 tion of coordinated multijurisdictional or multi11 agency programs for the identification, control,

12 supervision, prevention, investigation, and dis13 ruption of youth gangs.

14 ‘‘(3) REQUIREMENTS.—To be eligible to receive

15 a grant under this title, a State shall make reason16 able efforts, as certified by the Governor, to ensure

17 that, not later than July 1, 2000—

18 ‘‘(A) juveniles age 14 and older can be

19 prosecuted under State law as adults, as a mat20 ter of law or prosecutorial discretion for a crime

21 of violence (as that term is defined in section

22 16 of title 18, United States Code) such as

23 murder or armed robbery, an offense involving

24 a controlled substance (as defined in section

25 102 of the Controlled Substances Act (21
62

•S 10 IS1S

1 U.S.C. 802)), or the unlawful possession of a

2 firearm (as that term is defined in section

3 921(a) of title 18, United States Code) or a de4 structive device (as that term is defined in sec5 tion 921(a) of title 18, United States Code);

6 ‘‘(B) the State has in place a system of

7 graduated sanctions for juvenile offenders;

8 ‘‘(C) the State has in place a juvenile court

9 system that treats juvenile offenders uniformly

10 throughout the State;

11 ‘‘(D) the State collects, records, and dis12 seminates information useful in the identifica13 tion, prosecution, and sentencing of offenders,

14 such as criminal history information, finger15 prints, and DNA tests (if taken), to other Fed16 eral, State, and local law enforcement agencies;

17 ‘‘(E) the State ensures that religious orga18 nizations can participate in rehabilitative pro19 grams designed to purposes authorized by this

20 title; and

21 ‘‘(F) the State shall not detain or confine

22 juveniles who are alleged to be or determined to

23 be delinquent in any institution in which the ju24 venile has regular sustained physical contact
63

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1 with adult persons who are detained or con2 fined.

3 ‘‘(i) DISTRIBUTION BY STATE OFFICES TO ELIGIBLE

4 APPLICANTS.—

5 ‘‘(1) IN GENERAL.—Of amounts made available

6 to the State, not more than 20 percent shall be used

7 for programs pursuant to paragraph (2)(ii).

8 ‘‘(2) ELIGIBLE APPLICANTS.—Entities eligible

9 to receive amounts distributed by the State office

10 under this title are—

11 ‘‘(A) a unit of local government;

12 ‘‘(B) local police or sheriff’s departments;

13 ‘‘(C) State or local prosecutor’s offices;

14 ‘‘(D) State or local courts responsible for

15 the administration of justice in cases involving

16 juvenile offenders;

17 ‘‘(E) schools;

18 ‘‘(F) nonprofit, educational, religious, or

19 community groups active in crime prevention or

20 drug use prevention and treatment; or

21 ‘‘(G) any combination of the entities de22 scribed in subparagraphs (A) through (F).

23 ‘‘(j) APPLICATION TO STATE OFFICE.—

24 ‘‘(1) IN GENERAL.—To be eligible to receive

25 amounts from the State office, the applicant shall
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1 prepare and submit to the State office an application

2 in written form that—

3 ‘‘(A) describes the types of activities and

4 services for which the amount will be provided;

5 ‘‘(B) includes information indicating the

6 extent to which the activities and services

7 achieve the purposes of the title;

8 ‘‘(C) provide for the evaluation component

9 required by subsection (b)(2), which evaluation

10 shall be conducted by an independent entity;

11 and

12 ‘‘(D) provides any other information that

13 the State office may require.

14 ‘‘(2) PRIORITY.—In approving applications

15 under this subsection, the State office should give

16 priority to those applicants demonstrating coordina17 tion with, consolidation of, or expansion of existing

18 State or local juvenile crime control and juvenile of19 fender accountability programs.

20 ‘‘(k) FUNDING PERIOD.—The State office may award

21 such a grant for a period of not more than 3 years.

22 ‘‘(l) RENEWAL OF GRANTS.—The State office may

23 renew grants made under this title. After the initial grant
65

•S 10 IS1S

1 period, in determining whether to renew a grant to an en2 tity to carry out activities, the State office shall give sub3 stantial weight to the effectiveness of the activities in

4 achieving reductions in crimes committed by juveniles and

5 in improving the administration of justice to juvenile of6 fenders.

7 ‘‘(m) SPECIAL GRANTS.—Of amounts made available

8 under this title in any fiscal year, the Administrator may

9 use—

10 ‘‘(1) not more than 7 percent for grants for re11 search and evaluation;

12 ‘‘(2) not more than 3 percent for grants to In13 dian tribes for purposes authorized by this title; and

14 ‘‘(3) not more than 5 percent for salaries and

15 expenses of the Office related to administering this

16 title.’’.

17 (c) REPEALS; ADMINISTRATIVE PROVISIONS.—Title

18 II of the Juvenile Justice and Delinquency Prevention Act

19 of 1974 (42 U.S.C. 5611 et seq.) is amended—

20 (1) by striking sections 206 and 207 and insert21 ing the following:

22 ‘‘SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION

23 OF APPROPRIATIONS.—

24 ‘‘(a) ALLOCATION OF GRANT AMOUNTS.—
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1 ‘‘(1) IN GENERAL.—Amounts made available

2 under section 204(h) or part B shall be allocated to

3 the States as follows:

4 ‘‘(A) 0.25 percent shall be allocated to

5 each State; and

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

7 the allocation under subparagraph (A), there

8 shall be allocated to each State an amount that

9 bears the same ratio to the amount of remain10 ing funds described in this paragraph as the ju11 venile population of such State bears to the ju12 venile population of all the States.

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

14 the Virgin Islands of the United States, Guam,

15 American Samoa, the Trust Territory of the Pacific

16 Islands, and the Commonwealth of the Northern

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

18 not more than $100,000.

19 ‘‘(3) REALLOCATION PROHIBITED.—Any

20 amounts appropriated but not allocated due to the

21 ineligibility or nonparticipation of any State shall

22 not be reallocated, but shall revert to the Treasury

23 at the end of the fiscal year for which they were ap24 propriated.
67

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1 ‘‘(4) RESTRICTIONS ON THE USE OF

2 AMOUNTS.—

3 ‘‘(A) EXPERIMENTATION ON INDIVID4 UALS.—

5 ‘‘(i) IN GENERAL.—No amounts made

6 available to carry out this title may be

7 used for any biomedical or behavior control

8 experimentation on individuals or any re9 search involving such experimentation.

10 ‘‘(ii) DEFINITION OF ‘BEHAVIOR CON11 TROL’.—In this subparagraph, the term

12 ‘behavior control’—

13 ‘‘(I) means any experimentation

14 or research employing methods that—

15 ‘‘(aa) involve a substantial

16 risk of physical or psychological

17 harm to the individual subject;

18 and

19 ‘‘(bb) are intended to modify

20 or alter criminal and other anti21 social behavior, including aversive

22 conditioning therapy, drug ther23 apy, chemotherapy (except as

24 part of routine clinical care),
68

•S 10 IS1S

1 physical therapy of mental dis2 orders, electroconvulsive therapy,

3 or physical punishment; and

4 ‘‘(II) does not include a limited

5 class of programs generally recognized

6 as involving no such risk, including

7 methadone maintenance and certain

8 alcohol treatment programs, psycho9 logical counseling, parent training, be10 havior contracting, survival skills

11 training, restitution, or community

12 service, if safeguards are established

13 for the informed consent of subjects

14 (including parents or guardians of mi15 nors).

16 ‘‘(B) PROHIBITION AGAINST USE OF

17 AMOUNTS IN CONSTRUCTION.—No amount

18 made available to any public or private agency,

19 or institution or to any individual under this

20 title (either directly or through a State office)

21 may be used for construction, except for minor

22 renovations or additions to an existing struc23 ture.

24 ‘‘(C) JOB TRAINING.—No amount made

25 available under this title may be used to carry
69

•S 10 IS1S

1 out a youth employment program to provide

2 subsidized employment opportunities, job train3 ing activities, or school-to-work activities for

4 participants.

5 ‘‘(D) LOBBYING.—

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), no amount made avail8 able under this title to any public or pri9 vate agency, organization, or institution or

10 to any individual shall be used to pay for

11 any personal service, advertisement, tele12 gram, telephone communication, letter,

13 printed or written matter, or other device

14 intended or designed to influence a Mem15 ber of Congress or any other Federal,

16 State, or local elected official to favor or

17 oppose any Act, bill, resolution, or other

18 legislation, or any referendum, initiative,

19 constitutional amendment, or any other

20 procedure of Congress, any State legisla21 ture, any local council, or any similar gov22 erning body.

23 ‘‘(ii) EXCEPTION.—This subpara24 graph does not preclude the use of

25 amounts made available under this title in
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1 connection with communications to Fed2 eral, State, or local elected officials, upon

3 the request of such officials through proper

4 official channels, pertaining to authoriza5 tion, appropriation, or oversight measures

6 directly affecting the operation of the pro7 gram involved.

8 ‘‘(E) LEGAL ACTION.—No amounts made

9 available under this title to any public or pri10 vate agency, organization, institution, or to any

11 individual, shall be used in any way directly or

12 indirectly to file an action or otherwise take any

13 legal action against any Federal, State, or local

14 agency, institution, or employee.

15 ‘‘(F) RELIGIOUS ORGANIZATIONS.—

16 ‘‘(i) IN GENERAL.—The purpose of

17 this subparagraph is to allow State and

18 local governments to contract with reli19 gious organizations, or to allow religious

20 organizations to accept certificates, vouch21 ers, or other forms of disbursement under

22 any program described in this title, on the

23 same basis as any other nongovernmental

24 provider without impairing the religious
71

•S 10 IS1S

1 character of such organizations, and with2 out diminishing the religious freedom of

3 beneficiaries of assistance funded under

4 such program.

5 ‘‘(ii) NONDISCRIMINATION AGAINST

6 RELIGIOUS ORGANIZATIONS.—A State or

7 local government exercising its authority to

8 distribute grants to applicants under this

9 title shall ensure that religious organiza10 tions are eligible, on the same basis as any

11 other private organization, as contractors

12 to provide assistance, or to accept certifi13 cates, vouchers, or other forms of disburse14 ment, under any program described in this

15 title, so long as the programs are imple16 mented consistent with the Establishment

17 Clause of the United States Constitution.

18 Except as provided in clause (x), neither

19 the Federal Government nor a State re20 ceiving funds under such programs shall

21 discriminate against an organization which

22 is or applies to be a contractor to provide

23 assistance, or which is or applies to be a

24 contractor to provide assistance, or which

25 accepts certificates, vouchers, or other
72

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1 forms of disbursement, on the basis that

2 the organization has a religious character.

3 ‘‘(iii) RELIGIOUS CHARACTER AND

4 FREEDOM.—

5 ‘‘(I) RELIGIOUS ORGANIZA6 TIONS.—A religious organization that

7 participates in a program authorized

8 by this title shall retain its independ9 ence from Federal, State, and local

10 governments, including such organiza11 tion’s control over the definition, de12 velopment, practice, and expression of

13 its religious beliefs.

14 ‘‘(II) ADDITIONAL SAFE15 GUARDS.—Neither the Federal Gov16 ernment nor a State shall require a

17 religious organization to—

18 ‘‘(aa) alter its form of inter19 nal governance; or

20 ‘‘(bb) remove religious art,

21 icons, scripture, or other symbols;
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•S 10 IS1S

1 in order to be eligible to contract to

2 provide assistance, or to accept certifi3 cates, vouchers, or other forms of dis4 bursements, funded under a program

5 described in this title.

6 ‘‘(iv) RIGHTS OF BENEFICIARIES OF

7 ASSISTANCE.—If juvenile offender has an

8 objection to the religious character of the

9 organization or institution from which the

10 juvenile offender receives, or would receive,

11 assistance funded under any program de12 scribed in this title, the State in which the

13 individual resides shall provide such indi14 vidual (if otherwise eligible for such assist15 ance) within a reasonable period of time

16 after the date of such objection with assist17 ance from an alternative provider.

18 ‘‘(v) EMPLOYMENT PRACTICES.—A re19 ligious organization’s exemption provided

20 under section 702 of the Civil Rights Act

21 of 1964 (42 U.S.C. 2000e–1a) regarding

22 employment practices shall not be affected

23 by its participation in, or receipt of funds

24 from, programs described in this title.
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1 ‘‘(vi) NONDISCRIMINATION AGAINST

2 BENEFICIARIES.—Except as otherwise pro3 vided in law, a religious organization shall

4 not discriminate against an individual in

5 regard to rendering assistance funded

6 under any program described in this title

7 on the basis of religion, a religious belief,

8 or refusal to actively participate in a reli9 gious practice.

10 ‘‘(vii) FISCAL ACCOUNTABILITY.—

11 ‘‘(I) IN GENERAL.—Subject to

12 subclause (II), any religious organiza13 tion contracting to provide assistance

14 funded under any program described

15 in clause (i)(II) shall be subject to the

16 same regulations as other contractors

17 to account in accord with generally

18 accepted auditing principles for the

19 use of such funds provided under such

20 programs.

21 ‘‘(II) LIMITED AUDIT.—If such

22 organization segregates Federal funds

23 provided under such programs into
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•S 10 IS1S

1 separate accounts, then only the fi2 nancial assistance provided with such

3 funds shall be subject to audit.

4 ‘‘(viii) COMPLIANCE.—Any party

5 which seeks to enforce its rights under this

6 subparagraph may assert a civil action for

7 injunctive relief exclusively in an appro8 priate State court against the entity or

9 agency that allegedly commits such viola10 tion.

11 ‘‘(ix) LIMITATIONS ON USE OF FUNDS

12 FOR CERTAIN PURPOSES.—No funds pro13 vided directly to institutions or organiza14 tions to provide services and administer

15 programs under this title shall be expended

16 for sectarian worship, instruction, or pros17 elytization.

18 ‘‘(x) PREEMPTION.—Nothing in this

19 subparagraph shall be construed to pre20 empt any provision of a State constitution

21 or State statute that prohibits or restricts

22 the expenditure of State funds in or by re23 ligious organizations.

24 ‘‘(5) PENALTIES.—
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1 ‘‘(A) IN GENERAL.—If any amounts are

2 used for the purposes prohibited in either sub3 paragraph (D) or (E) of paragraph (4)—

4 ‘‘(i) all funding for the agency, orga5 nization, institution, or individual at issue

6 shall be immediately discontinued; and

7 ‘‘(ii) the agency, organization, institu8 tion, or individual using amounts for the

9 purpose prohibited in subparagraph (D) or

10 (E) of paragraph (4) shall be liable for re11 imbursement of all amounts granted to the

12 individual or entity for the fiscal year for

13 which the amounts were granted.

14 ‘‘(B) LIABILITY FOR EXPENSES AND DAM15 AGES.—In relation to a violation of paragraph

16 (4)(E), the individual filing the lawsuit or re17 sponsible for taking the legal action against the

18 Federal, State, or local agency or institution, or

19 individual working for the Government, shall be

20 individually liable for all legal expenses and any

21 other expenses of the government agency, insti22 tution, or individual working for the Govern23 ment, including damages assessed by the jury

24 against the Government agency, institution, or
77

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1 individual working for the government, and any

2 punitive damages.

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—There are authorized to be

5 appropriated to carry out this title—

6 ‘‘(A) $650,000,000 for fiscal year 1998;

7 ‘‘(B) $650,000,000 for fiscal year 1999;

8 ‘‘(C) $650,000,000 for fiscal year 2000;

9 ‘‘(D) $650,000,000 for fiscal year 2001;

10 and

11 ‘‘(E) $650,000,000 for fiscal year 2002.

12 ‘‘(2) ALLOCATION OF APPROPRIATIONS.—Of

13 amounts authorized to be appropriated under para14 graph (1) in each fiscal year—

15 ‘‘(A) $500,000,000 shall be for programs

16 under section 204(h); and

17 ‘‘(B) $150,000,000 shall be for programs

18 under part B.

19 ‘‘(3) AVAILABILITY OF FUNDS.—Amounts made

20 available pursuant to this subsection, and allocated

21 pursuant to paragraph (1) in any fiscal year shall

22 remain available until expended.
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1 ‘‘SEC. 207. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) AUTHORITY OF ADMINISTRATOR.—The Office

3 shall be administered by the Administrator under the gen4 eral authority of the Attorney General.

5 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

6 PROVISIONS.—Sections 809(c), 811(a), 811(b), 811(c),

7 812(a), 812(b), and 812(d) of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3789d(c),

9 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),

10 3789g(d)) shall apply with respect to the administration

11 of and compliance with this Act, except that for purposes

12 of this Act—

13 ‘‘(1) any reference to the Office of Justice Pro14 grams in such sections shall be considered to be a

15 reference to the Assistant Attorney General who

16 heads the Office of Justice Programs; and

17 ‘‘(2) the term ‘this title’ as it appears in such

18 sections shall be considered to be a reference to this

19 Act.

20 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

21 CONTROL PROVISIONS.—Sections 801(a), 801(c), and 806

22 of the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

24 with respect to the administration of and compliance with

25 this Act, except that, for purposes of this Act—
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1 ‘‘(1) any reference to the Attorney General, the

2 Assistant Attorney General who heads the Office of

3 Justice Programs, the Director of the National In4 stitute of Justice, the Director of the Bureau of Jus5 tice Statistics, or the Director of the Bureau of Jus6 tice Assistance shall be considered to be a reference

7 to the Administrator;

8 ‘‘(2) any reference to the Office of Justice Pro9 grams, the Bureau of Justice Assistance, the Na10 tional Institute of Justice, or the Bureau of Justice

11 Statistics shall be considered to be a reference to the

12 Office of Juvenile Justice and Delinquency Preven13 tion; and

14 ‘‘(3) the term ‘this title’ as it appears in such

15 sections shall be considered to be a reference to this

16 Act.

17 ‘‘(d) RULES, REGULATIONS, AND PROCEDURES.—

18 The Administrator may, after appropriate consultation

19 with representatives of States and units of local govern20 ment, establish such rules, regulations, and procedures as

21 are necessary for the exercise of the functions of the Office

22 and as are consistent with the purpose of this Act.

23 ‘‘(e) WITHHOLDING.—The Administrator shall initi24 ate such proceedings as the Administrator determines to
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1 be appropriate if the Administrator, after giving reason2 able notice and opportunity for hearing to a recipient of

3 financial assistance under this title, finds that—

4 ‘‘(1) the program or activity for which the

5 grant or contract involved was made has been so

6 changed that the program or activity no longer com7 plies with this title; or

8 ‘‘(2) in the operation of such program or activ9 ity there is failure to comply substantially with any

10 provision of this title.’’;

11 (2) in part B—

12 (A) in section 221(b)—

13 (i) in paragraph (1)—

14 (I) by striking ‘‘section 223’’ and

15 inserting ‘‘section 222’’; and

16 (II) by striking ‘‘section 223(c)’’

17 and inserting ‘‘section 222(c)’’; and

18 (ii) in paragraph (2), by striking ‘‘sec19 tion 299(c)(1)’’ and inserting ‘‘section

20 222(a)(1)’’; and

21 (B) by striking sections 222 and 223 and

22 inserting the following:

23 ‘‘SEC. 222. STATE PLANS.

24 ‘‘(a) IN GENERAL.—In order to receive formula

25 grants under this part, a State shall submit a plan for
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1 carrying out its purposes applicable to a 3-year period.

2 The State shall submit annual performance reports to the

3 Administrator which shall describe progress in implement4 ing programs contained in the original plan, and shall de5 scribe the status of compliance with State plan require6 ments. In accordance with regulations which the Adminis7 trator shall prescribe, such plan shall—

8 ‘‘(1) designate a State agency as the sole agen9 cy for supervising the preparation and administra10 tion of the plan;

11 ‘‘(2) contain satisfactory evidence that the

12 State agency designated in accordance with para13 graph (1) has or will have authority, by legislation

14 if necessary, to implement such plan in conformity

15 with this part;

16 ‘‘(3) provide for the active consultation with

17 and participation of units of general local govern18 ment or combinations thereof in the development of

19 a State plan which adequately takes into account the

20 needs and requests of local governments, except that

21 nothing in the plan requirements, or any regulations

22 promulgated to carry out such requirements, shall be

23 construed to prohibit or impede the State from mak24 ing grants to, or entering into contracts with, local

25 private agencies, including religious organizations;
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1 ‘‘(4) provide that the chief executive officer of

2 the unit of general local government shall assign re3 sponsibility for the preparation and administration

4 of the local government’s part of a State plan, or for

5 the supervision of the preparation and administra6 tion of the local government’s part of the State plan,

7 to that agency within the local government’s struc8 ture or to a regional planning agency (in this part

9 referred to as the ‘local agency’) which can most ef10 fectively carry out the purposes of this part and

11 shall provide for supervision of the programs funded

12 under this part by that local agency;

13 ‘‘(5)(A) provide for—

14 ‘‘(i) an analysis of juvenile crime problems

15 (including the joining of gangs that commit

16 crimes) and juvenile justice and delinquency

17 prevention needs (including educational needs)

18 within the relevant jurisdiction (including any

19 geographical area in which an Indian tribe per20 forms law enforcement functions), a description

21 of the services to be provided, and a description

22 of performance goals and priorities, including a

23 specific statement of the manner in which pro24 grams are expected to meet the identified juve25 nile crime problems (including the joining of
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1 gangs that commit crimes) and juvenile justice

2 and delinquency prevention needs (including

3 educational needs) of the jurisdiction;

4 ‘‘(ii) an indication of the manner in which

5 the programs relate to other similar State or

6 local programs which are intended to address

7 the same or similar problems; and

8 ‘‘(iii) a plan for the concentration of State

9 efforts which shall coordinate all State juvenile

10 delinquency programs with respect to overall

11 policy and development of objectives and prior12 ities for all State juvenile delinquency programs

13 and activities, including provision for regular

14 meetings of State officials with responsibility in

15 the area of juvenile justice and delinquency pre16 vention;

17 ‘‘(B) contain—

18 ‘‘(i) an analysis of services for the preven19 tion and treatment of juvenile delinquency in

20 rural areas, including the need for such serv21 ices, the types of such services available in rural

22 areas, and geographically unique barriers to

23 providing such services; and
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1 ‘‘(ii) a plan for providing needed services

2 for the prevention and treatment of juvenile de3 linquency in rural areas; and

4 ‘‘(C) contain—

5 ‘‘(i) an analysis of mental health services

6 available to juveniles in the juvenile justice sys7 tem (including an assessment of the appro8 priateness of the particular placements of juve9 niles in order to receive such services) and of

10 barriers to access to such services; and

11 ‘‘(ii) a plan for providing needed mental

12 health services to juveniles in the juvenile jus13 tice system;

14 ‘‘(6) provide for the active consultation with

15 and participation of private agencies in the develop16 ment and execution of the State plan; and provide

17 for coordination and maximum utilization of existing

18 juvenile delinquency programs and other related pro19 grams, such as education, special education, recre20 ation, health, and welfare within the State;

21 ‘‘(7) provide for the development of an adequate

22 research, training, and evaluation capacity within

23 the State;

24 ‘‘(8) provide that not less than 75 percent of

25 the funds made available to the State pursuant to
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1 grants under section 221, whether expended directly

2 by the State, by the unit of general local govern3 ment, or by a combination thereof, or through

4 grants and contracts with public or private nonprofit

5 agencies, shall be used for—

6 ‘‘(A) community-based alternatives (includ7 ing home-based alternatives) to incarceration

8 and institutionalization, specifically—

9 ‘‘(i) for youth who can remain at

10 home with assistance, home probation and

11 programs providing professional supervised

12 group activities or individualized mentoring

13 relationships with adults that involve the

14 family and provide counseling and other

15 supportive services;

16 ‘‘(ii) for youth who need temporary

17 placement, crisis intervention, shelter, and

18 after-care; and

19 ‘‘(iii) for youth who need residential

20 placement, a continuum of foster care or

21 group home alternatives that provide ac22 cess to a comprehensive array of services;

23 ‘‘(B) community-based programs and serv24 ices to work with—
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1 ‘‘(i) parents and other family mem2 bers to strengthen families, including par3 ent self-help groups, so that juveniles may

4 be retained in their homes;

5 ‘‘(ii) juveniles during their incarcer6 ation, and with their families, to ensure

7 the safe return of such juveniles to their

8 homes and to strengthen the families; and

9 ‘‘(iii) parents with limited-English

10 speaking ability, particularly in areas

11 where there is a large population of fami12 lies with limited-English speaking ability;

13 ‘‘(C) comprehensive juvenile justice and de14 linquency prevention programs that meet the

15 needs of youth through the collaboration of the

16 many local systems before which a youth may

17 appear, including schools, courts, law enforce18 ment agencies, child protection agencies, mental

19 health agencies, welfare services, health care

20 agencies, and private nonprofit agencies offer21 ing youth services;

22 ‘‘(D) projects designed to develop and im23 plement programs stressing advocacy activities

24 aimed at improving services for and protecting
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1 the rights of youth affected by the juvenile jus2 tice system;

3 ‘‘(E) educational programs or supportive

4 services for delinquent or other juveniles, pro5 vided equitably regardless of sex, race, or family

6 income, designed to—

7 ‘‘(i) encourage juveniles to remain in

8 elementary and secondary schools or in al9 ternative learning situations, including—

10 ‘‘(I) education in settings that

11 promote experiential, individualized

12 learning and exploration of academic

13 and career options;

14 ‘‘(II) assistance in making the

15 transition to the world of work and

16 self-sufficiency;

17 ‘‘(III) alternatives to suspension

18 and expulsion; and

19 ‘‘(IV) programs to counsel delin20 quent juveniles and other juveniles re21 garding the opportunities that edu22 cation provides; and

23 ‘‘(ii) enhance coordination with the

24 local schools that such juveniles would oth25 erwise attend, to ensure that—
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1 ‘‘(I) the instruction that juveniles

2 receive outside school is closely

3 aligned with the instruction provided

4 in school; and

5 ‘‘(II) information regarding any

6 learning problems identified in such

7 alternative learning situations are

8 communicated to the schools;

9 ‘‘(F) expanded use of home probation and

10 recruitment and training of home probation of11 ficers, other professional and paraprofessional

12 personnel, and volunteers to work effectively to

13 allow youth to remain at home with their fami14 lies as an alternative to incarceration or institu15 tionalization;

16 ‘‘(G) youth-initiated outreach programs de17 signed to assist youth (including youth with

18 limited proficiency in English) who otherwise

19 would not be reached by traditional youth as20 sistance programs;

21 ‘‘(H) programs designed to develop and

22 implement projects relating to juvenile delin23 quency and learning disabilities, including on24 the-job training programs to assist community

25 services, law enforcement, and juvenile justice
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1 personnel to more effectively recognize and pro2 vide for learning disabled and other handi3 capped youth;

4 ‘‘(I) projects designed both to deter in5 volvement in illegal activities and to promote in6 volvement in lawful activities on the part of

7 gangs whose membership is substantially com8 posed of youth;

9 ‘‘(J) programs and projects designed to

10 provide for the treatment of youths’ dependence

11 on or abuse of alcohol or other addictive or non12 addictive drugs;

13 ‘‘(K) law-related education programs (and

14 projects) for delinquent and at-risk youth de15 signed to prevent juvenile delinquency;

16 ‘‘(L) programs for positive youth develop17 ment that assist delinquent and other at-risk

18 youth in obtaining—

19 ‘‘(i) a sense of safety and structure;

20 ‘‘(ii) a sense of belonging and mem21 bership;

22 ‘‘(iii) a sense of self-worth and social

23 contribution;

24 ‘‘(iv) a sense of independence and con25 trol over one’s life;
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1 ‘‘(v) a sense of closeness in inter2 personal relationships; and

3 ‘‘(vi) a sense of competence and mas4 tery including health and physical com5 petence, personal and social competence,

6 cognitive and creative competence, voca7 tional competence, and citizenship com8 petence, including ethics and participation;

9 ‘‘(M) programs that, in recognition of

10 varying degrees of the seriousness of delinquent

11 behavior and the corresponding gradations in

12 the responses of the juvenile justice system in

13 response to that behavior, are designed to—

14 ‘‘(i) encourage courts to develop and

15 implement a continuum of post-adjudica16 tion restraints that bridge the gap between

17 traditional probation and confinement in a

18 correctional setting (including expanded

19 use of probation, mediation, restitution,

20 community service, treatment, home deten21 tion, intensive supervision, electronic mon22 itoring, boot camps and similar programs,

23 and secure community-based treatment fa24 cilities linked to other support services

25 such as health, mental health, education
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1 (remedial and special), job training, and

2 recreation); and

3 ‘‘(ii) assist in the provision by the Ad4 ministrator of information and technical

5 assistance, including technology transfer,

6 to States in the design and utilization of

7 risk assessment mechanisms to aid juvenile

8 justice personnel in determining appro9 priate sanctions for delinquent behavior;

10 ‘‘(N) programs designed to prevent and re11 duce hate crimes committed by juveniles, in12 cluding educational programs and sentencing

13 programs designed specifically for juveniles who

14 commit hate crimes and that provide alter15 natives to incarceration; and

16 ‘‘(O) programs (including referral to lit17 eracy programs and social service programs) to

18 assist families with limited-English speaking

19 ability that include delinquent juveniles to over20 come language and cultural barriers that may

21 prevent the complete treatment of such juve22 niles and the preservation of their families;

23 ‘‘(9) provide for the development of an adequate

24 research, training, and evaluation capacity within

25 the State;
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1 ‘‘(10) provide that the State shall not detain or

2 confine juveniles who are alleged to be or determined

3 to be delinquent in any institution in which the juve4 nile has regular sustained physical contact with

5 adult persons who are detained or confined;

6 ‘‘(11) provide for an adequate system of mon7 itoring jails, detention facilities, correctional facili8 ties, and nonsecure facilities to ensure that the re9 quirements of paragraph (10) are met, and for an10 nual reporting of the results of such monitoring to

11 the Administrator, except that such reporting re12 quirements shall not apply in the case of a State

13 which is in compliance with the other requirements

14 of this paragraph, which is in compliance with the

15 requirements in paragraph (10), and which has en16 acted legislation which conforms to such require17 ments and which contains, in the opinion of the Ad18 ministrator, sufficient enforcement mechanisms to

19 ensure that such legislation will be administered ef20 fectively;

21 ‘‘(12) provide assurance that youth in the juve22 nile justice system are treated equitably on the basis

23 of gender, race, family income, and mentally, emo24 tionally, or physically handicapping conditions;
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1 ‘‘(13) provide assurance that consideration will

2 be given to and that assistance will be available for

3 approaches designed to strengthen the families of

4 delinquent and other youth to prevent juvenile delin5 quency (which approaches should include the involve6 ment of grandparents or other extended family

7 members when possible and appropriate and the pro8 vision of family counseling during the incarceration

9 of juvenile family members and coordination of fam10 ily services when appropriate and feasible);

11 ‘‘(14) provide for procedures to be established

12 for protecting the rights of recipients of services and

13 for assuring appropriate privacy with regard to

14 records relating to such services provided to any in15 dividual under the State plan;

16 ‘‘(15) provide for such fiscal control and fund

17 accounting procedures necessary to assure prudent

18 use, proper disbursement, and accurate accounting

19 of funds received under this title;

20 ‘‘(16) provide reasonable assurances that Fed21 eral funds made available under this part for any pe22 riod shall be so used as to supplement and increase

23 (but not supplant) the level of the State, local, and

24 other non-Federal funds that would in the absence
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1 of such Federal funds be made available for the pro2 grams described in this part, and shall in no event

3 replace such State, local, and other non-Federal

4 funds; and

5 ‘‘(17) provide that the State agency designated

6 under paragraph (1) will from time to time, but not

7 less often than annually, review its plan and submit

8 to the Administrator an analysis and evaluation of

9 the effectiveness of the programs and activities car10 ried out under the plan, and any modifications in

11 the plan, including the survey of State and local

12 needs, which it considers necessary.

13 ‘‘(b) APPROVAL BY STATE AGENCY.—The State

14 agency designated under subsection (a)(1) shall approve

15 the State plan and any modification thereof prior to sub16 mission to the Administrator.

17 ‘‘(c) APPROVAL BY ADMINISTRATOR; COMPLIANCE

18 WITH STATUTORY REQUIREMENTS.—

19 ‘‘(1) IN GENERAL.—The Administrator shall

20 approve any State plan and any modification thereof

21 that meets the requirements of this section.

22 ‘‘(2) REDUCED ALLOCATIONS.—If a State fails

23 to comply with any requirement of subsection

24 (a)(10) in any fiscal year beginning after January 1,
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1 1998, the State shall be ineligible to receive any allo2 cation under that section for such fiscal year un3 less—

4 ‘‘(A) the State agrees to expend all the re5 maining funds the State receives under this

6 part for that fiscal year only to achieve compli7 ance with such paragraph; or

8 ‘‘(B) the Administrator determines, in the

9 discretion of the Administrator, that the

10 State—

11 ‘‘(i) has achieved substantial compli12 ance with such paragraph; and

13 ‘‘(ii) has made, through appropriate

14 executive or legislative action, an unequivo15 cal commitment to achieving full compli16 ance within a reasonable time.’’; and

17 (3) by striking parts C, D, E, F, G, and H, and

18 each part designated as part I.

19 SEC. 303. RUNAWAY AND HOMELESS YOUTH.

20 Section 385 of the Juvenile Justice and Delinquency

21 Prevention Act of 1974 (42 U.S.C. 5751) is amended—

22 (1) in subsection (a)—

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

24 and such sums as may be necessary for fiscal

25 years 1994, 1995, and 1996’’ and inserting
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1 ‘‘1998 and such sums as may be necessary for

2 fiscal years 1999, 2000, 2001, and 2002’’; and

3 (B) by striking paragraph (3) and redesig4 nating paragraphs (4) and (5) as paragraphs

5 (3) and (4), respectively;

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

7 such sums as may be necessary for fiscal years

8 1994, 1995, and 1996’’ and inserting ‘‘1998 and

9 such sums as may be necessary for fiscal years

10 1999, 2000, 2001, and 2002’’; and

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

12 1995, and 1996’’ and inserting ‘‘1998, 1999, 2000,

13 2001, and 2002’’.

14 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

15 Title IV of the Juvenile Justice and Delinquency Pre16 vention Act of 1974 (42 U.S.C. 5771 et seq.) is amend17 ed—

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

19 and inserting the following:

20 ‘‘(2) the term ‘Administrator’ means the Ad21 ministrator of the Office of Juvenile Crime Control

22 and Accountability.’’;

23 (2) by striking section 404; and
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1 (3) in section 408, by striking ‘‘1993, 1994,

2 1995, and 1996’’ and inserting ‘‘1998, 1999, 2000,

3 2001, and 2002’’.

4 SEC. 305. REPEAL.

5 Title V of the Juvenile Justice and Delinquency Pre6 vention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.

7 SEC. 306. TRANSFER OF FUNCTIONS AND SAVINGS PROVI8 SIONS.

9 (a) DEFINITIONS.—In this section, unless otherwise

10 provided or indicated by the context—

11 (1) the term ‘‘Administrator of the Office’’

12 means the Administrator of the Office of Juvenile

13 Justice and Delinquency Prevention;

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

15 means the bureau established under section 401 of

16 title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968;

18 (3) the term ‘‘Administrator’’ means the Ad19 ministrator of the Office of Juvenile Crime Control

20 and Accountability established by operation of sub21 section (b);

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

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

24 5, United States Code;
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1 (5) the term ‘‘function’’ means any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program;

4 (6) the term ‘‘Office of Juvenile Crime Control

5 and Accountability’’ means the office established by

6 operation of subsection (b);

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

8 Delinquency Prevention’’ means the Office of Juve9 nile Justice and Delinquency Prevention within the

10 Department of Justice, established by section 201 of

11 the Juvenile Justice and Delinquency Prevention Act

12 of 1974, as in effect on the day before the date of

13 enactment of this Act; and

14 (8) the term ‘‘office’’ includes any office, ad15 ministration, agency, institute, unit, organizational

16 entity, or component thereof.

17 (b) TRANSFER OF FUNCTIONS.—There are trans18 ferred to the Office of Juvenile Crime Control and Ac19 countability all functions that the Administrator of the Of20 fice exercised before the date of enactment of this Act (in21 cluding all related functions of any officer or employee of

22 the Office of Juvenile Justice and Delinquency Preven23 tion), and authorized after the enactment of this Act, re24 lating to carrying out the Juvenile Justice and Delin25 quency Prevention Act of 1974.
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1 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA2 TIONS AND PERSONNEL.—

3 (1) IN GENERAL.—Except as otherwise pro4 vided in this section and in section 101(a) (relating

5 to Juvenile Justice Programs) of the Omnibus Con6 solidated Appropriations Act, 1997, the personnel

7 employed in connection with, and the assets, liabil8 ities, contracts, property, records, and unexpended

9 balances of appropriations, authorizations, alloca10 tions, and other amounts employed, used, held, aris11 ing from, available to, or to be made available in

12 connection with the functions transferred by this

13 section, subject to section 1531 of title 31, United

14 States Code, shall be transferred to the Office of Ju15 venile Crime Control and Accountability.

16 (2) UNEXPENDED AMOUNTS.—Any unexpended

17 amounts transferred pursuant to this subsection

18 shall be used only for the purposes for which the

19 amounts were originally authorized and appro20 priated.

21 (d) INCIDENTAL TRANSFERS.—

22 (1) IN GENERAL.—The Director of the Office of

23 Management and Budget, at such time or times as

24 the Director of that Office shall provide, may make
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1 such determinations as may be necessary with re2 gard to the functions transferred by this section, and

3 to make such additional incidental dispositions of

4 personnel, assets, liabilities, grants, contracts, prop5 erty, records, and unexpended balances of appropria6 tions, authorizations, allocations, and other amounts

7 held, used, arising from, available to, or to be made

8 available in connection with such functions, as may

9 be necessary to carry out this section.

10 (2) TERMINATION OF AFFAIRS.—The Director

11 of the Office of Management and Budget shall pro12 vide for the termination of the affairs of all entities

13 terminated by this section and for such further

14 measures and dispositions as may be necessary to ef15 fectuate the purposes of this section.

16 (e) EFFECT ON PERSONNEL.—

17 (1) IN GENERAL.—Except as otherwise pro18 vided by this section, the transfer pursuant to this

19 section of full-time personnel (except special Govern20 ment employees) and part-time personnel holding

21 permanent positions shall not cause any such em22 ployee to be separated or reduced in grade or com23 pensation for 1 year after the date of transfer of

24 such employee under this section.
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1 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

2 as otherwise provided in this section, any person

3 who, on the day before the date of enactment of this

4 Act, held a position compensated in accordance with

5 the Executive Schedule prescribed in chapter 53 of

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

7 break in service, is appointed in the Office of Juve8 nile Crime Control and Accountability to a position

9 having duties comparable to the duties performed

10 immediately preceding such appointment shall con11 tinue to be compensated in such new position at not

12 less than the rate provided for such previous posi13 tion, for the duration of the service of such person

14 in such new position.

15 (3) TRANSITION RULE.—

16 (A) IN GENERAL.—The incumbent Admin17 istrator of the Office as of the date immediately

18 preceding the date of enactment of this Act

19 shall continue to serve as Administrator after

20 the enactment of this Act until such time as the

21 incumbent resigns, is relieved of duty by the

22 President, or an Administrator is appointed by

23 the President, by and with the advice and con24 sent of the Senate.
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1 (B) NOMINEE.—Not later than 6 months

2 after the date of enactment of this Act, the

3 President shall submit to the Senate for its con4 sideration the name of the individual nominated

5 to be appointed as the Administrator.

6 (f) SAVINGS PROVISIONS.—

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

11 administrative actions—

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

13 or allowed to become effective by the President,

14 any Federal agency or official thereof, or by a

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

17 this section; and

18 (B) that are in effect at the time this sec19 tion takes effect, or were final before the date

20 of enactment of this Act and are to become ef21 fective on or after the date of enactment of this

22 Act, shall continue in effect according to their

23 terms until modified, terminated, superseded,

24 set aside, or revoked in accordance with law by
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1 the President, the Administrator, or other au2 thorized official, a court of competent jurisdic3 tion, or by operation of law.

4 (2) PROCEEDINGS NOT AFFECTED.—

5 (A) IN GENERAL.—This section shall not

6 affect any proceedings, including notices of pro7 posed rulemaking, or any application for any li8 cense, permit, certificate, or financial assistance

9 pending before the Office of Juvenile Justice

10 and Delinquency Prevention on the date on

11 which this section takes effect, with respect to

12 functions transferred by this section but such

13 proceedings and applications shall be continued.

14 (B) ORDERS; APPEALS; PAYMENTS.—Or15 ders shall be issued in such proceedings, ap16 peals shall be taken therefrom, and payments

17 shall be made pursuant to such orders, as if

18 this section had not been enacted, and orders

19 issued in any such proceedings shall continue in

20 effect until modified, terminated, superseded, or

21 revoked by a duly authorized official, by a court

22 of competent jurisdiction, or by operation of

23 law.
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1 (C) DISCONTINUANCE OR MODIFICA2 TION.—Nothing in this paragraph shall be con3 strued to prohibit the discontinuance or modi4 fication of any such proceeding under the same

5 terms and conditions and to the same extent

6 that such proceeding could have been discon7 tinued or modified if this paragraph had not

8 been enacted.

9 (3) SUITS NOT AFFECTED.—This section shall

10 not affect suits commenced before the date of enact11 ment of this Act, and in all such suits, proceedings

12 shall be had, appeals taken, and judgments rendered

13 in the same manner and with the same effect as if

14 this section had not been enacted.

15 (4) NONABATEMENT OF ACTIONS.—No suit, ac16 tion, or other proceeding commenced by or against

17 the Office of Juvenile Justice and Delinquency Pre18 vention, or by or against any individual in the offi19 cial capacity of such individual as an officer of the

20 Office of Juvenile Justice and Delinquency Preven21 tion, shall abate by reason of the enactment of this

22 section.
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1 (5) ADMINISTRATIVE ACTIONS RELATING TO

2 PROMULGATION OF REGULATIONS.—Any administra3 tive action relating to the preparation or promulga4 tion of a regulation by the Office of Juvenile Justice

5 and Delinquency Prevention relating to a function

6 transferred under this section may be continued, to

7 the extent authorized by this section, by the Office

8 of Juvenile Crime Control and Accountability with

9 the same effect as if this section had not been en10 acted.

11 (g) TRANSITION.—The Administrator may utilize—

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

13 other personnel of the Office of Juvenile Justice and

14 Delinquency Prevention with respect to functions

15 transferred to the Office of Juvenile Crime Control

16 and Accountability by this section; and

17 (2) amounts appropriated to such functions for

18 such period of time as may reasonably be needed to

19 facilitate the orderly implementation of this section.

20 (h) REFERENCES.—Reference in any other Federal

21 law, Executive order, rule, regulation, or delegation of au22 thority, or any document of or relating to—

23 (1) the Administrator of the Office of Juvenile

24 Justice and Delinquency Prevention with regard to

25 functions transferred by operation of subsection (b),
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1 shall be considered to refer to the Administrator of

2 the Office of Juvenile Crime Control and Account3 ability; and

4 (2) the Office of Juvenile Justice and Delin5 quency Prevention with regard to functions trans6 ferred by operation of subsection (b), shall be con7 sidered to refer to the Office of Juvenile Crime Con8 trol and Accountability.

9 (i) TECHNICAL AND CONFORMING AMENDMENT.—

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

11 by striking ‘‘Administrator, Office of Juvenile Crime Con12 trol and Accountability’’.

13 SEC. 307. REPEAL OF UNNECESSARY AND DUPLICATIVE

14 PROGRAMS.

15 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE16 MENT ACT OF 1994.—

17 (1) TITLE III.—Title III of the Violent Crime

18 Control and Law Enforcement Act of 1994 (42

19 U.S.C. 13741 et seq.) is amended by striking sub20 titles A through S, subtitle U, and subtitle X.

21 (2) TITLE V.—Title V of the Violent Crime

22 Control and Law Enforcement Act of 1994 (42

23 U.S.C. 3797 et seq.) is repealed.
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1 (3) TITLE XXVII.—Title XXVII of the Violent

2 Crime Control and Law Enforcement Act of 1994

3 (42 U.S.C. 14191 et seq.) is repealed.

4 (b) ELEMENTARY AND SECONDARY EDUCATION

5 ACT.—

6 (1) TITLE IV.—Title IV of the Elementary and

7 Secondary Education Act of 1965 (20 U.S.C. 7101)

8 is repealed.

9 (2) TITLE V.—Part C of title V of the Elemen10 tary and Secondary Education Act of 1965 (20

11 U.S.C. 7261 et seq.) is repealed.

12 (c) PUBLIC HEALTH SERVICE ACT.—Section 517 of

13 the Public Health Service Act (42 U.S.C. 290bb–23) is

14 repealed.

15 (d) HUMAN SERVICES REAUTHORIZATION ACT.—

16 Section 408 of the Human Services Reauthorization Act

17 is repealed.

18 (e) COMMUNITY SERVICES BLOCK GRANTS ACT.—

19 Section 682 of the Community Services Block Grants Act

20 (42 U.S.C. 9901) is repealed.

21 (f) ANTI-DRUG ABUSE ACT.—Subtitle B of title III

22 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11801

23 et seq.) is amended by striking chapters 1 and 2.
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1 SEC. 308. CIVIL MONETARY PENALTY SURCHARGE.

2 (a) IMPOSITION.—Subject to subsection (b) and not3 withstanding any other provision of law, a surcharge of

4 40 percent of the principal amount of a civil monetary

5 penalty shall be added to each civil monetary penalty as6 sessed by the United States or any agency thereof at the

7 time the penalty is assessed.

8 (b) LIMITATION.—This section does not apply to any

9 monetary penalty assessed under the Internal Revenue

10 Code of 1986.

11 (c) USE OF SURCHARGES.—Amounts collected from

12 the surcharge imposed under this section shall be used for

13 Federal programs to combat youth violence.

14 (d) EFFECTIVE DATES.—

15 (1) IN GENERAL.—A surcharge under sub16 section (b) shall be added to each civil monetary

17 penalty assessed on or after the later of October 1,

18 1997 and the date of enactment of this Act.

19 (2) EXPIRATION OF AUTHORITY.—The author20 ity to add a surcharge under this subsection shall

21 terminate at the close of September 30, 2002.

Æ