Calendar No. 210

105TH CONGRESS

1ST SESSION S. 10

[Report No. 105–108]

A BILL

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

OCTOBER 9, 1997

Reported with an amendment
II

Calendar No. 210

105TH CONGRESS

1ST SESSION S. 10

[Report No. 105–108]

To reduce violent juvenile crime, promote accountability by juvenile criminals,

punish and deter violent gang crime, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. HATCH (for himself, Mr. SESSIONS, Mr. ASHCROFT, Mr. DOMENICI, Mr.

LOTT, Mr. ABRAHAM, Mr. BOND, Mr. COVERDELL, Mr. CRAIG, Mr.

D’AMATO, Mr. ENZI, Mr. FAIRCLOTH, Mr. GORTON, Mr. GRAMS, Mr.

GRASSLEY, Mr. HAGEL, Mr. HELMS, Mr. HUTCHINSON, Mr. KYL, Mr.

MURKOWSKI, Mr. ROBERTS, Mr. SMITH of New Hampshire, Mr. THOMAS, Mr. THURMOND, Mr. WARNER, Mr. MACK, Mr. BURNS, and Mr.

MCCONNELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

OCTOBER 9, 1997

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To reduce violent juvenile crime, promote accountability by

juvenile criminals, punish and deter violent gang crime,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Severability.

TITLE I—JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.

Sec. 102. Treatment of Federal juvenile offenders.

Sec. 103. 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.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) at the outset of the twentieth century, the

2 States adopted 2 separate juvenile justice systems

3 for violent and nonviolent offenders;

4 (2) violent crimes committed by juveniles, such

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

6 phenomenon at that time, but the rate at which ju7 veniles commit such crimes has escalated astronomi8 cally since that time;

9 (3) in 1994—

10 (A) the number of persons arrested overall

11 for murder in the United States decreased by

12 5.8 percent, but the number of persons who are

13 less than 15 years of age arrested for murder

14 increased by 4 percent; and

15 (B) the number of persons arrested for all

16 violent crimes increased by 1.3 percent, but the

17 number of persons who are less than 15 years

18 of age arrested for violent crimes increased by

19 9.2 percent, and the number of persons less

20 than 18 years of age arrested for such crimes

21 increased by 6.5 percent;

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

23 arrested for all violent crimes increased by 52.3 per24 cent, but the number of persons under age 18 ar25 rested for violent crimes rose by 75 percent;
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1 (5) the number of juvenile offenders is expected

2 to undergo a massive increase during the first 2 dec3 ades of the twenty-first century, culminating in an

4 unprecedented number of violent offenders who are

5 less than 18 years of age;

6 (6) the rehabilitative model of sentencing for ju7 veniles, which Congress rejected for adult offenders

8 when Congress enacted the Sentencing Reform Act

9 of 1984, is inadequate and inappropriate for dealing

10 with violent and repeat juvenile offenders;

11 (7) the Federal Government should encourage

12 the States to experiment with progressive solutions

13 to the escalating problem of juveniles who commit

14 violent crimes and who are repeat offenders, includ15 ing prosecuting all such offenders as adults, but

16 should not impose specific strategies or programs on

17 the States;

18 (8) an effective strategy for reducing violent ju19 venile crime requires greater collection of investiga20 tive data and other information, such as fingerprints

21 and DNA evidence, as well as greater sharing of

22 such information among Federal, State, and local

23 agencies, including the courts, in the law enforce24 ment and educational systems;
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1 (9) data regarding violent juvenile offenders

2 must be made available to the adult criminal justice

3 system if recidivism by criminals is to be addressed

4 adequately;

5 (10) holding juvenile proceedings in secret de6 nies victims of crime the opportunity to attend and

7 be heard at such proceedings, helps juvenile offend8 ers to avoid accountability for their actions, and

9 shields juvenile proceedings from public scrutiny and

10 accountability;

11 (11) the injuries and losses suffered by the vic12 tims of violent crime are no less painful or devastat13 ing because the offender is a juvenile; and

14 (12) the investigation, prosecution, adjudica15 tion, and punishment of criminal offenses committed

16 by juveniles is, and should remain, primarily the re17 sponsibility of the States, to be carried out without

18 interference from the Federal Government.

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

20 (1) to reform juvenile law so that the para21 mount concerns of the juvenile justice system are

22 providing for the safety of the public and holding ju23 venile wrongdoers accountable for their actions,

24 while providing the wrongdoer a genuine opportunity

25 for self-reform;
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1 (2) to revise the procedures in Federal court

2 that are applicable to the prosecution of juvenile of3 fenders;

4 (3) to address specifically the problem of violent

5 crime and controlled substance offenses committed

6 by youth gangs; and

7 (4) to encourage and promote, consistent with

8 the ideals of federalism, adoption of policies by the

9 States to ensure that the victims of crimes of vio10 lence committed by juveniles receive the same level

11 of justice as do victims of violent crimes that are

12 committed by adults.

13 SEC. 3. SEVERABILITY.

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

15 this Act, or the application of such provision or amend16 ment to any person or circumstance is held to be unconsti17 tutional, the remainder of this Act, the amendments made

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

19 to any person or circumstance shall not be affected there20 by.

21 TITLE I—JUVENILE JUSTICE

22 REFORM

23 SEC. 101. REPEAL OF GENERAL PROVISION.

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

25 States Code, is amended—
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1 (1) by striking section 5001; and

2 (2) by redesignating section 5003 as section

3 5001.

4 (b) TECHNICAL AMENDMENTS.—The chapter analy5 sis for chapter 401 of title 18, United States Code, is

6 amended—

7 (1) by striking the item relating to section

8 5001; and

9 (2) by redesignating the item relating to section

10 5003 as 5001.

11 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

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

13 States Code, is amended to read as follows:

14 ‘‘§ 5032. Delinquency proceedings in district courts;

15 juveniles tried as adults; transfer for

16 other criminal prosecution

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

18 14 years of age and who is alleged to have committed an

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

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

21 the United States—

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

23 States Attorney in the appropriate jurisdiction, upon

24 a finding by that United States Attorney, which

25 finding shall not be subject to review in or by any
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1 court, trial or appellate, that there is a substantial

2 Federal interest in the case or the offense to war3 rant the exercise of Federal jurisdiction, if the juve4 nile is charged with a Federal offense that—

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

6 is defined in section 16); or

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

8 that term is defined in section 102 of the Con9 trolled Substances Act (21 U.S.C. 802)) for

10 which the penalty is a term of imprisonment of

11 not less than 5 years; and

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

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

14 ‘‘(1) IN GENERAL.—If the United States Attor15 ney in the appropriate jurisdiction declines prosecu16 tion of a charged offense under subsection (a)(2),

17 the United States Attorney may refer the matter to

18 the appropriate legal authorities of the State or In19 dian tribe.

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

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

22 the United States, the District of Columbia,

23 and any commonwealth, territory, or possession

24 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

25 that would be applicable in the case of an adult. No juve-
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1 nile sentenced to a term of imprisonment shall be released

2 from custody simply because the juvenile reaches the age

3 of 18 years.

4 ‘‘(f) OPEN PROCEEDINGS.—

5 ‘‘(1) IN GENERAL.—Any offense tried in a dis6 trict court of the United States pursuant to this sec7 tion shall be open to the general public, in accord8 ance with rules 10, 26, 31(a), and 53 of the Federal

9 Rules of Criminal Procedure, unless good cause is

10 established by the moving party or is otherwise

11 found by the court, for closure.

12 ‘‘(2) STATUS ALONE INSUFFICIENT.—The sta13 tus of the defendant as a juvenile, absent other fac14 tors, shall not constitute good cause for purposes of

15 this subsection.

16 ‘‘(g) AVAILABILITY OF RECORDS.—

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

18 concerning the prosecution of a juvenile in a district

19 court of the United States under this section, sub20 ject to the requirements of section 5038, the United

21 States Attorney of the appropriate jurisdiction shall

22 have complete access to the prior Federal juvenile

23 records of the subject juvenile, and to the extent

24 permitted by State law, the prior State juvenile

25 records of the subject juvenile.
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1 ‘‘(2) CONSIDERATION OF ENTIRE RECORD.—In

2 any case in which a juvenile is found guilty in an ac3 tion pursuant to this section, the district court re4 sponsible for imposing sentence shall have complete

5 access to the prior juvenile records of the subject ju6 venile, and, to the extent permitted under State law,

7 the prior State juvenile records of the subject juve8 nile. At sentencing, the district court shall consider

9 the entire available prior juvenile record of the sub10 ject juvenile.

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

12 States Attorney may release such Federal records,

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

14 State records, to law enforcement authorities of any

15 jurisdiction and to officials of any school, school dis16 trict, or postsecondary school at which the individual

17 who is the subject of the juvenile record is enrolled

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

19 school officials are held liable to the same standards

20 and penalties to which law enforcement and juvenile

21 justice system employees are held liable under Fed22 eral and State law, for the handling and disclosure

23 of such information.’’.

24 (b) TECHNICAL AMENDMENT.—The chapter analysis

25 for chapter 403 of title 18, United States Code, is amend-
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1 ed by striking the item relating to section 5032 and insert2 ing the following:

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

transfer for other criminal prosecution.’’.

3 SEC. 103. CAPITAL CASES.

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

5 amended by striking ‘‘18 years’’ each place that term ap6 pears and inserting ‘‘16 years’’.

7 SEC. 104. DEFINITIONS.

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

9 amended to read as follows:

10 ‘‘§ 5031. Definitions

11 ‘‘In this chapter—

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

13 less than 18 years of age; and

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

15 violation of a law of the United States committed by

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

17 adult.’’.

18 SEC. 105. NOTIFICATION AFTER ARREST.

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

20 amended in the first sentence by striking ‘‘Attorney Gen21 eral’’ and inserting ‘‘United States Attorney of the appro22 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
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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
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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
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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:
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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
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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.’’.
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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
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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’’.
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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

24 if the Federal crime in which the body armor is used con25 stitutes a violation of, attempted violation of, or conspir26 acy to violate the civil rights of a person by a law enforce-
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1 ment officer acting under color of the authority of such

2 law enforcement officer.

3 SEC. 209. ADDITIONAL PROSECUTORS.

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

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

6 2002 for the hiring of Assistant United States Attorneys

7 and attorneys in the Criminal Division of the Department

8 of Justice to prosecute juvenile criminal street gangs (as

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

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

11 TITLE III—JUVENILE CRIME

12 CONTROL AND ACCOUNT13 ABILITY

14 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI15 TIONS.

16 Title I of the Juvenile Justice and Delinquency Pre17 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

18 to read as follows:

19 ‘‘TITLE I—FINDINGS AND

20 DECLARATION OF PURPOSE

21 ‘‘SEC. 101. FINDINGS.

22 ‘‘Congress makes the following findings:

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

24 States has experienced an alarming increase in ar-
35

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1 rests of adolescents for murder, assault, and weap2 ons offenses.

3 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar4 rests for violent crimes, including murder, robbery,

5 aggravated assault, and rape, including 514 such ar6 rests per 100,000 juveniles 10 through 17 years of

7 age.

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

9 prosecutorial and public defender offices, probation

10 services, and correctional facilities no longer ade11 quately address the changing nature of juvenile

12 crime, protect the public, and correct youth offend13 ers.

14 ‘‘(4) The juvenile justice system has proven in15 adequate to meet the needs of society, because insuf16 ficient sanctions are imposed on serious youth of17 fenders and the needs of children, who may be at

18 risk of becoming delinquents.

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

20 adequately responded to the particular threat of

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

22 youth of the Nation.

23 ‘‘(6) Demographic increases projected in the

24 number of youth offenders require reexamination of
36

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1 the prosecution and incarceration policies for serious

2 violent youth offenders.

3 ‘‘(7) State and local communities that experi4 ence directly the devastating failures of the juvenile

5 justice system require assistance to deal comprehen6 sively with the problems of juvenile delinquency.

7 ‘‘(8) Existing Federal programs have not pro8 vided the States with necessary flexibility, and have

9 not provided coordination, resources, and leadership

10 required to meet the crisis of youth violence.

11 ‘‘(9) Overlapping and uncoordinated Federal

12 programs have created a multitude of Federal fund13 ing streams to State and local governments, that

14 have become a barrier to effective program coordina15 tion, responsive public safety initiatives, and the pro16 vision of comprehensive services for children and

17 youth.

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

19 growing threat to the national welfare that requires

20 an immediate and comprehensive governmental re21 sponse, combining flexibility and coordinated evalua22 tion.

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

24 being wasted complying with the unnecessary Fed25 eral mandate that status offenders be deinstitu-
37

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1 tionalized. Some communities believe that curfews

2 are appropriate for juveniles, and those communities

3 should not be prohibited by the Federal Government

4 from using confinement for status offenses as a

5 means of dealing with delinquent behavior before it

6 becomes criminal conduct.

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

8 being wasted complying with the unnecessary Fed9 eral mandate that no juvenile be detained or con10 fined in any jail or lockup for adults, because it can

11 be feasible to separate adults and juveniles in 1 fa12 cility. This mandate is particularly burdensome for

13 rural communities.

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

15 should be to encourage and empower communities to

16 develop and implement policies to protect adequately

17 the public from serious juvenile crime as well as

18 comprehensive programs to reduce risk factors and

19 prevent juvenile delinquency.

20 ‘‘(14) A strong partnership among law enforce21 ment, local government, juvenile and family courts,

22 schools, businesses, philanthropic organizations,

23 families, and the religious community, can create a

24 community environment that supports the youth of
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1 the Nation in reaching their highest potential and

2 reduces the destructive trend of juvenile crime.

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

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

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

6 accountable for their acts;

7 ‘‘(2) to empower States and communities to de8 velop and implement comprehensive programs that

9 support families and reduce risk factors and prevent

10 serious youth crime and juvenile delinquency;

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

12 evaluation of all federally funded programs address13 ing juvenile crime and delinquency;

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

15 and private nonprofit entities that protect public

16 safety, administer justice and corrections to delin17 quent youth, or provide services to youth at risk of

18 delinquency, and their families;

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

20 the problems of youth crime and juvenile delin21 quency, including the dissemination of the findings

22 of such research and all related data;

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

24 to deal with the problems of runaway and homeless

25 youth;
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1 ‘‘(7) to assist State and local governments in

2 improving the administration of justice for juveniles;

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

4 in reducing the level of youth violence;

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

6 promoting public safety by supporting juvenile delin7 quency prevention and control activities;

8 ‘‘(10) to encourage and promote programs de9 signed to keep in school juvenile delinquents expelled

10 or suspended for disciplinary reasons;

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

12 promoting public safety by encouraging accountabil13 ity through the imposition of meaningful sanctions

14 for acts of juvenile delinquency;

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

16 promoting public safety by improving the extent, ac17 curacy, availability and usefulness of juvenile court

18 and law enforcement records and the openness of

19 the juvenile justice system;

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

21 promoting public safety by encouraging the identi22 fication of violent and hardcore juveniles and trans23 ferring such juveniles out of the jurisdiction of the

24 juvenile justice system and into the jurisdiction of

25 adult criminal court;
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1 ‘‘(14) to assist State and local governments in

2 promoting public safety by providing resources to

3 States to build or expand juvenile detention facili4 ties;

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

6 assisted juvenile crime control programs, and train7 ing necessary for the establishment and operation of

8 such programs;

9 ‘‘(16) to ensure the dissemination of informa10 tion regarding juvenile crime control programs by

11 providing a national clearinghouse; and

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

13 and private nonprofit juvenile justice and delin14 quency prevention programs.

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

16 Congress to provide resources, leadership, and coordina17 tion—

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

19 and punish effectively violent juvenile offenders; and

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

21 the United States.

22 ‘‘SEC. 103. DEFINITIONS.

23 ‘‘In this Act:
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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Office of Ju3 venile Crime Control and Accountability.

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

5 means acquisition, expansion, remodeling, and alter6 ation of existing buildings, and initial equipment of

7 any such buildings, or any combination of such ac8 tivities (including architects’ fees but not the cost of

9 acquisition of land for buildings).

10 ‘‘(3) JUVENILE POPULATION.—The term ‘juve11 nile population’ means the population of a State

12 under 18 years of age.

13 ‘‘(4) OFFICE.—The term ‘Office’ means the Of14 fice of Juvenile Crime Control and Accountability es15 tablished under section 201.

16 ‘‘(5) OUTCOME OBJECTIVE.—The term ‘out17 come objective’ means an objective that relates to

18 the impact of a program or initiative, that measures

19 the reduction of high risk behaviors, such as inci20 dence of arrest, the commission of criminal acts or

21 acts of delinquency, failure in school, violence, the

22 use of alcohol or illegal drugs, involvement of youth

23 gangs, and teenage pregnancy, among youth in the

24 community.
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1 ‘‘(6) PROCESS OBJECTIVE.—The term ‘process

2 objective’ means an objective that relates to the

3 manner in which a program or initiative is carried

4 out, including—

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

6 which the program or initiative is reaching the

7 target population; and

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

9 which the program or initiative addresses

10 known risk factors for youth problem behaviors

11 and incorporates activities that inhibit the be12 haviors and that build on protective factors for

13 youth.

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

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

16 the Commonwealth of Puerto Rico, the Trust Terri17 tory of the Pacific Islands, the Virgin Islands,

18 Guam, American Samoa, and the Commonwealth of

19 the Northern Mariana Islands.

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

21 means an office designated by the chief executive of22 ficer of a State to carry out this title, as provided

23 in section 507 of the Omnibus Crime Control and

24 Safe Streets Act of 1968 (42 U.S.C. 3757).
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1 ‘‘(9) TREATMENT.—The term ‘treatment’ in2 cludes medical and other rehabilitative services de3 signed to protect the public, including any services

4 designed to benefit addicts and other users by—

5 ‘‘(A) eliminating their dependence on alco6 hol or other addictive or nonaddictive drugs; or

7 ‘‘(B) controlling their dependence and sus8 ceptibility to addiction or use.

9 ‘‘(10) YOUTH.—The term ‘youth’ means an in10 dividual who is not less than 6 years of age and not

11 more than 17 years of age.’’.

12 SEC. 302. YOUTH CRIME CONTROL AND ACCOUNTABILITY

13 BLOCK GRANTS.

14 (a) OFFICE OF JUVENILE CRIME CONTROL AND AC15 COUNTABILITY.—Section 201 of the Juvenile Justice and

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

17 amended—

18 (1) in subsection (a), by striking ‘‘Office of Ju19 venile Justice and Delinquency Prevention’’ and in20 serting ‘‘Office of Juvenile Crime Control and Ac21 countability’’; and

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

23 ‘‘(d) DELEGATION AND ASSIGNMENT.—
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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:
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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;
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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—
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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

23 the Administrator determines may have an impor24 tant bearing on the success of the entire national ju-
49

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1 venile crime control and juvenile offender account2 ability effort;

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

4 pursuant to this title;

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

6 data regarding the prevention, correction, and con7 trol of juvenile crime and delinquency, and issue, not

8 less frequently than once each calendar year, a re9 port on successful programs and juvenile crime re10 duction methods utilized by States, localities, and

11 private entities;

12 ‘‘(5) ensure the performance of comprehensive

13 rigorous independent scientific evaluations, each of

14 which shall—

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

16 employ rigorous and scientifically valid stand17 ards and methodologies; and

18 ‘‘(B) include measures of outcome and

19 process objectives, such as reductions in juve20 nile crime, youth gang activity, youth substance

21 abuse, and other high risk factors, as well as in22 creases in protective factors that reduce the

23 likelihood of delinquency and criminal behavior;

24 ‘‘(6) involve consultation with appropriate au25 thorities in the States and with appropriate private
50

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1 entities in the development, review, and revision of

2 the plans required by subsection (a) and in the de3 velopment of policies relating to juveniles prosecuted

4 or adjudicated in the Federal courts; and

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

6 units of local government, and private entities in im7 plementing programs funded by grants under this

8 title.

9 ‘‘(c) NATIONAL JUVENILE CRIME CONTROL AND JU10 VENILE OFFENDER ACCOUNTABILITY BUDGET.—

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

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

13 advice of the program managers of departments

14 and agencies with responsibilities for any Fed15 eral juvenile crime control or juvenile offender

16 accountability program, a consolidated National

17 Juvenile Crime Control and Juvenile Offender

18 Accountability Plan budget proposal to imple19 ment the National Juvenile Crime Control and

20 Juvenile Offender Accountability Plan; and

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

22 President and to Congress.

23 ‘‘(2) SUBMISSION OF JUVENILE OFFENDER AC24 COUNTABILITY BUDGET REQUEST.—
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1 ‘‘(A) IN GENERAL.—Each Federal Govern2 ment program manager, agency head, and de3 partment head with responsibility for any Fed4 eral juvenile crime control or juvenile offender

5 accountability program shall submit the juvenile

6 crime control and juvenile offender accountabil7 ity budget request of the program, agency, or

8 department to the Administrator at the same

9 time as such request is submitted to their supe10 riors (and before submission to the Office of

11 Management and Budget) in the preparation of

12 the budget of the President submitted to Con13 gress under section 1105(a) of title 31, United

14 States Code.

15 ‘‘(B) TIMELY DEVELOPMENT AND SUBMIS16 SION.—The head of each department or agency

17 with responsibility for a Federal juvenile crime

18 control or juvenile offender accountability pro19 gram shall ensure timely development and sub20 mission to the Administrator of juvenile crime

21 control and juvenile offender accountability

22 budget requests transmitted pursuant to this

23 subsection, in such format as may be des24 ignated by the Administrator with the concur-
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1 rence of the Administrator of the Office of

2 Management and Budget.

3 ‘‘(3) REVIEW AND CERTIFICATION.—The Ad4 ministrator shall—

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

6 juvenile offender accountability budget request

7 transmitted to the Administrator under para8 graph (2);

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

10 of such request in whole or in part to imple11 ment the objectives of the National Juvenile

12 Crime Control and Juvenile Offender Account13 ability Plan for the year for which the request

14 is submitted and, with respect to a request that

15 is not certified as adequate to implement the

16 objectives of the National Juvenile Crime Con17 trol and Juvenile Offender Accountability Plan,

18 include in the certification an initiative or fund19 ing level that would make the request adequate;

20 and

21 ‘‘(C) notify the program manager, agency

22 head, or department head, as applicable, re23 garding the certification of the Administrator

24 under subparagraph (B).
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1 ‘‘(4) RECORDKEEPING REQUIREMENT.—The

2 Administrator shall maintain records regarding cer3 tifications under paragraph (3)(B).

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

5 shall request the head of a department or agency to

6 include in the budget submission of the department

7 or agency to the Office of Management and Budget,

8 funding requests for specific initiatives that are con9 sistent with the priorities of the President for the

10 National Juvenile Crime Control and Juvenile Of11 fender Accountability Plan and certifications made

12 pursuant to paragraph (3), and the head of the de13 partment or agency shall comply with such a re14 quest.

15 ‘‘(6) REPROGRAMMING AND TRANSFER RE16 QUESTS.—

17 ‘‘(A) IN GENERAL.—No department or

18 agency with responsibility for a Federal juvenile

19 crime control or juvenile offender accountability

20 program shall submit to Congress a reprogram21 ming or transfer request with respect to any

22 amount of appropriated amounts greater than

23 $5,000,000 that is included in the National Ju24 venile Crime Control and Juvenile Offender Ac-
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1 countability Plan budget unless such request

2 has been approved by the Administrator.

3 ‘‘(B) APPEAL TO PRESIDENT.—The head

4 of any department or agency with responsibility

5 for a Federal juvenile crime control or juvenile

6 offender accountability program may appeal to

7 the President any disapproval by the Adminis8 trator of a reprogramming or transfer request.

9 ‘‘(7) QUARTERLY REPORTS.—The Adminis10 trator shall report to Congress on a quarterly basis

11 regarding the need for any reprogramming or trans12 fer of appropriated amounts for National Juvenile

13 Crime Control and Juvenile Offender Accountability

14 Plan activities.

15 ‘‘(d) INFORMATION, REPORTS, STUDIES, AND SUR16 VEYS FROM OTHER AGENCIES.—The Administrator may

17 require, through appropriate authority, Federal depart18 ments and agencies engaged in any activity involving any

19 Federal juvenile crime control and juvenile offender ac20 countability program to provide the Administrator with

21 such information and reports, and to conduct such studies

22 and surveys, as the Administrator determines to be nec23 essary to carry out the purposes of this title.

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

25 OTHER AGENCIES; REIMBURSEMENT.—The Adminis-
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1 trator may utilize the services and facilities of any agency

2 of the Federal Government and of any other public agency

3 or institution in accordance with appropriate agreements,

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

5 of reimbursement as may be agreed upon.

6 ‘‘(f) COORDINATION OF FUNCTIONS OF ADMINIS7 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV8 ICES.—All functions of the Administrator under title shall

9 be coordinated as appropriate with the functions of the

10 Secretary of Health and Human Services under title III.

11 ‘‘(g) ANNUAL JUVENILE DELINQUENCY DEVELOP12 MENT STATEMENTS.—

13 ‘‘(1) IN GENERAL.—The Administrator shall re14 quire through appropriate authority each Federal

15 agency that administers a Federal juvenile crime

16 control and juvenile offender accountability program

17 to submit annually to the Office a juvenile crime

18 control and juvenile offender accountability develop19 ment statement. Such statement shall be in addition

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

21 Administrator may require under subsection (d).

22 ‘‘(2) CONTENTS.—Each development statement

23 submitted to the Administrator under paragraph (1)

24 shall contain such information, data, and analyses as

25 the Administrator may require. Such analyses shall
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1 include an analysis of the extent to which the pro2 gram of the Federal agency submitting such develop3 ment statement conforms with and furthers Federal

4 juvenile crime control and juvenile offender account5 ability prevention and treatment goals and policies.

6 ‘‘(3) REVIEW AND COMMENT.—

7 ‘‘(A) IN GENERAL.—The Administrator

8 shall review and comment upon each juvenile

9 crime control and juvenile offender accountabil10 ity development statement transmitted to the

11 Administrator under paragraph (1).

12 ‘‘(B) INCLUSION IN OTHER DOCUMENTA13 TION.—Such development statement, together

14 with the comments of the Administrator, shall

15 be included by the Federal agency involved in

16 every recommendation or request made by such

17 agency for Federal legislation that significantly

18 affects juvenile crime control and juvenile of19 fender accountability.

20 ‘‘(h) JUVENILE CRIME CONTROL AND JUVENILE OF21 FENDER ACCOUNTABILITY INCENTIVE BLOCK GRANTS.—

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

23 make, subject to the availability of appropriations,

24 grants to States to assist them in planning, estab25 lishing, operating, coordinating, and evaluating
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1 projects, directly or through grants and contracts

2 with public and private agencies, for the develop3 ment of more effective investigation, prosecution,

4 and punishment (including the imposition of grad5 uated sanctions) of crimes or acts of delinquency

6 committed by juveniles, programs to improve the ad7 ministration of justice for and ensure accountability

8 by juvenile offenders, and programs to reduce the

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

10 and gang involvement) associated with juvenile crime

11 or delinquency.

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

13 may be used—

14 ‘‘(A) for programs to enhance the identi15 fication, investigation, prosecution, and punish16 ment of juvenile offenders, such as—

17 ‘‘(i) the utilization of graduated sanc18 tions;

19 ‘‘(ii) the utilization of short-term con20 finement of juveniles who are charged with

21 or who are convicted of—

22 ‘‘(I) a crime of violence (as that

23 term is defined in section 16 of title

24 18, United States Code);
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1 ‘‘(II) an offense involving a con2 trolled substance (as that term is de3 fined in section 102 of the Controlled

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

5 ‘‘(III) an offense involving pos6 session of a firearm (as that term is

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

8 United States Code); or

9 ‘‘(IV) an offense involving posses10 sion of a destructive device (as that

11 term is defined in section 921(a) of

12 title 18, United States Code); and

13 ‘‘(iii) the incarceration of violent juve14 nile offenders for extended periods of time

15 (including up to the length of adult sen16 tences);

17 ‘‘(B) for programs that provide restitution

18 to the victims of crimes committed by juveniles;

19 ‘‘(C) for programs that require juvenile of20 fenders to attend and successfully complete

21 school or vocational training;

22 ‘‘(D) for programs that require juvenile of23 fenders who are parents to demonstrate paren24 tal responsibility by working and paying child

25 support;
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1 ‘‘(E) for programs that seek to curb or

2 punish truancy;

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

4 record, and disseminate information useful in

5 the identification, prosecution, and sentencing

6 of offenders, such as criminal history informa7 tion, fingerprints, and DNA tests;

8 ‘‘(G) for programs that provide that, when9 ever a juvenile who is not less than 14 years of

10 age is adjudicated delinquent, as defined by

11 Federal or State law in a juvenile delinquency

12 proceeding for conduct that, if committed by an

13 adult, would constitute a felony under Federal

14 or State law, the State shall ensure that a

15 record is kept relating to the adjudication that

16 is—

17 ‘‘(i) equivalent to the record that

18 would be kept of an adult conviction for

19 such an offense;

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

21 is equal to the period of time that records

22 are kept for adult convictions;

23 ‘‘(iii) made available to law enforce24 ment agencies of any jurisdiction; and
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1 ‘‘(iv) made available to officials of a

2 school, school district, or postsecondary

3 school where the individual who is the sub4 ject of the juvenile record seeks, intends,

5 or is instructed to enroll, and that such of6 ficials are held liable to the same stand7 ards and penalties that law enforcement

8 and juvenile justice system employees are

9 held liable to, under Federal and State

10 law, for handling and disclosing such infor11 mation;

12 ‘‘(H) for juvenile crime control and preven13 tion programs (such as curfews, youth organi14 zations, antidrug programs, antigang programs,

15 and after school activities) that include a rigor16 ous, comprehensive evaluation component that

17 measures the decrease in risk factors associated

18 with the juvenile crime and delinquency and

19 employs scientifically valid standards and meth20 odologies;

21 ‘‘(I) for the development and implementa22 tion of coordinated multijurisdictional or multi23 agency programs for the identification, control,

24 supervision, prevention, investigation, and treat25 ment of the most serious juvenile offenses and
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1 offenders, sometimes known as a ‘SHOCAP

2 Program’ (Serious Habitual Offenders Com3 prehensive Action Program); or

4 ‘‘(J) for the development and implementa5 tion of coordinated multijurisdictional or multi6 agency programs for the identification, control,

7 supervision, prevention, investigation, and dis8 ruption of youth gangs.

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

10 a grant under this title, a State shall make reason11 able efforts, as certified by the Governor, to ensure

12 that, not later than July 1, 2000—

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

14 prosecuted under State law as adults, as a mat15 ter of law or prosecutorial discretion for a crime

16 of violence (as that term is defined in section

17 16 of title 18, United States Code) such as

18 murder or armed robbery, an offense involving

19 a controlled substance (as defined in section

20 102 of the Controlled Substances Act (21

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

22 firearm (as that term is defined in section

23 921(a) of title 18, United States Code) or a de24 structive device (as that term is defined in sec25 tion 921(a) of title 18, United States Code);
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1 ‘‘(B) the State has in place a system of

2 graduated sanctions for juvenile offenders;

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

4 system that treats juvenile offenders uniformly

5 throughout the State;

6 ‘‘(D) the State collects, records, and dis7 seminates information useful in the identifica8 tion, prosecution, and sentencing of offenders,

9 such as criminal history information, finger10 prints, and DNA tests (if taken), to other Fed11 eral, State, and local law enforcement agencies;

12 ‘‘(E) the State ensures that religious orga13 nizations can participate in rehabilitative pro14 grams designed to purposes authorized by this

15 title; and

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

17 juveniles who are alleged to be or determined to

18 be delinquent in any institution in which the ju19 venile has regular sustained physical contact

20 with adult persons who are detained or con21 fined.

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

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

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

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

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

5 to receive amounts distributed by the State office

6 under this title are—

7 ‘‘(A) a unit of local government;

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

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

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

11 the administration of justice in cases involving

12 juvenile offenders;

13 ‘‘(E) schools;

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

15 community groups active in crime prevention or

16 drug use prevention and treatment; or

17 ‘‘(G) any combination of the entities de18 scribed in subparagraphs (A) through (F).

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

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

21 amounts from the State office, the applicant shall

22 prepare and submit to the State office an application

23 in written form that—

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

25 services for which the amount will be provided;
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1 ‘‘(B) includes information indicating the

2 extent to which the activities and services

3 achieve the purposes of the title;

4 ‘‘(C) provide for the evaluation component

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

6 shall be conducted by an independent entity;

7 and

8 ‘‘(D) provides any other information that

9 the State office may require.

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

11 under this subsection, the State office should give

12 priority to those applicants demonstrating coordina13 tion with, consolidation of, or expansion of existing

14 State or local juvenile crime control and juvenile of15 fender accountability programs.

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

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

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

19 renew grants made under this title. After the initial grant

20 period, in determining whether to renew a grant to an en21 tity to carry out activities, the State office shall give sub22 stantial weight to the effectiveness of the activities in

23 achieving reductions in crimes committed by juveniles and

24 in improving the administration of justice to juvenile of25 fenders.
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1 ‘‘(m) SPECIAL GRANTS.—Of amounts made available

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

3 use—

4 ‘‘(1) not more than 7 percent for grants for re5 search and evaluation;

6 ‘‘(2) not more than 3 percent for grants to In7 dian tribes for purposes authorized by this title; and

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

9 expenses of the Office related to administering this

10 title.’’.

11 (c) REPEALS; ADMINISTRATIVE PROVISIONS.—Title

12 II of the Juvenile Justice and Delinquency Prevention Act

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

14 (1) by striking sections 206 and 207 and insert15 ing the following:

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

17 OF APPROPRIATIONS.—

18 ‘‘(a) ALLOCATION OF GRANT AMOUNTS.—

19 ‘‘(1) IN GENERAL.—Amounts made available

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

21 the States as follows:

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

23 each State; and

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

25 the allocation under subparagraph (A), there
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1 shall be allocated to each State an amount that

2 bears the same ratio to the amount of remain3 ing funds described in this paragraph as the ju4 venile population of such State bears to the ju5 venile population of all the States.

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

7 the Virgin Islands of the United States, Guam,

8 American Samoa, the Trust Territory of the Pacific

9 Islands, and the Commonwealth of the Northern

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

11 not more than $100,000.

12 ‘‘(3) REALLOCATION PROHIBITED.—Any

13 amounts appropriated but not allocated due to the

14 ineligibility or nonparticipation of any State shall

15 not be reallocated, but shall revert to the Treasury

16 at the end of the fiscal year for which they were ap17 propriated.

18 ‘‘(4) RESTRICTIONS ON THE USE OF

19 AMOUNTS.—

20 ‘‘(A) EXPERIMENTATION ON INDIVID21 UALS.—

22 ‘‘(i) IN GENERAL.—No amounts made

23 available to carry out this title may be

24 used for any biomedical or behavior control
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1 experimentation on individuals or any re2 search involving such experimentation.

3 ‘‘(ii) DEFINITION OF ‘BEHAVIOR CON4 TROL’.—In this subparagraph, the term

5 ‘behavior control’—

6 ‘‘(I) means any experimentation

7 or research employing methods that—

8 ‘‘(aa) involve a substantial

9 risk of physical or psychological

10 harm to the individual subject;

11 and

12 ‘‘(bb) are intended to modify

13 or alter criminal and other anti14 social behavior, including aversive

15 conditioning therapy, drug ther16 apy, chemotherapy (except as

17 part of routine clinical care),

18 physical therapy of mental dis19 orders, electroconvulsive therapy,

20 or physical punishment; and

21 ‘‘(II) does not include a limited

22 class of programs generally recognized

23 as involving no such risk, including

24 methadone maintenance and certain

25 alcohol treatment programs, psycho-
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1 logical counseling, parent training, be2 havior contracting, survival skills

3 training, restitution, or community

4 service, if safeguards are established

5 for the informed consent of subjects

6 (including parents or guardians of mi7 nors).

8 ‘‘(B) PROHIBITION AGAINST USE OF

9 AMOUNTS IN CONSTRUCTION.—No amount

10 made available to any public or private agency,

11 or institution or to any individual under this

12 title (either directly or through a State office)

13 may be used for construction, except for minor

14 renovations or additions to an existing struc15 ture.

16 ‘‘(C) JOB TRAINING.—No amount made

17 available under this title may be used to carry

18 out a youth employment program to provide

19 subsidized employment opportunities, job train20 ing activities, or school-to-work activities for

21 participants.

22 ‘‘(D) LOBBYING.—

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), no amount made avail25 able under this title to any public or pri-
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1 vate agency, organization, or institution or

2 to any individual shall be used to pay for

3 any personal service, advertisement, tele4 gram, telephone communication, letter,

5 printed or written matter, or other device

6 intended or designed to influence a Mem7 ber of Congress or any other Federal,

8 State, or local elected official to favor or

9 oppose any Act, bill, resolution, or other

10 legislation, or any referendum, initiative,

11 constitutional amendment, or any other

12 procedure of Congress, any State legisla13 ture, any local council, or any similar gov14 erning body.

15 ‘‘(ii) EXCEPTION.—This subpara16 graph does not preclude the use of

17 amounts made available under this title in

18 connection with communications to Fed19 eral, State, or local elected officials, upon

20 the request of such officials through proper

21 official channels, pertaining to authoriza22 tion, appropriation, or oversight measures

23 directly affecting the operation of the pro24 gram involved.
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1 ‘‘(E) LEGAL ACTION.—No amounts made

2 available under this title to any public or pri3 vate agency, organization, institution, or to any

4 individual, shall be used in any way directly or

5 indirectly to file an action or otherwise take any

6 legal action against any Federal, State, or local

7 agency, institution, or employee.

8 ‘‘(F) RELIGIOUS ORGANIZATIONS.—

9 ‘‘(i) IN GENERAL.—The purpose of

10 this subparagraph is to allow State and

11 local governments to contract with reli12 gious organizations, or to allow religious

13 organizations to accept certificates, vouch14 ers, or other forms of disbursement under

15 any program described in this title, on the

16 same basis as any other nongovernmental

17 provider without impairing the religious

18 character of such organizations, and with19 out diminishing the religious freedom of

20 beneficiaries of assistance funded under

21 such program.

22 ‘‘(ii) NONDISCRIMINATION AGAINST

23 RELIGIOUS ORGANIZATIONS.—A State or

24 local government exercising its authority to

25 distribute grants to applicants under this
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1 title shall ensure that religious organiza2 tions are eligible, on the same basis as any

3 other private organization, as contractors

4 to provide assistance, or to accept certifi5 cates, vouchers, or other forms of disburse6 ment, under any program described in this

7 title, so long as the programs are imple8 mented consistent with the Establishment

9 Clause of the United States Constitution.

10 Except as provided in clause (x), neither

11 the Federal Government nor a State re12 ceiving funds under such programs shall

13 discriminate against an organization which

14 is or applies to be a contractor to provide

15 assistance, or which is or applies to be a

16 contractor to provide assistance, or which

17 accepts certificates, vouchers, or other

18 forms of disbursement, on the basis that

19 the organization has a religious character.

20 ‘‘(iii) RELIGIOUS CHARACTER AND

21 FREEDOM.—

22 ‘‘(I) RELIGIOUS ORGANIZA23 TIONS.—A religious organization that

24 participates in a program authorized

25 by this title shall retain its independ-
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1 ence from Federal, State, and local

2 governments, including such organiza3 tion’s control over the definition, de4 velopment, practice, and expression of

5 its religious beliefs.

6 ‘‘(II) ADDITIONAL SAFE7 GUARDS.—Neither the Federal Gov8 ernment nor a State shall require a

9 religious organization to—

10 ‘‘(aa) alter its form of inter11 nal governance; or

12 ‘‘(bb) remove religious art,

13 icons, scripture, or other symbols;

14 in order to be eligible to contract to

15 provide assistance, or to accept certifi16 cates, vouchers, or other forms of dis17 bursements, funded under a program

18 described in this title.

19 ‘‘(iv) RIGHTS OF BENEFICIARIES OF

20 ASSISTANCE.—If juvenile offender has an

21 objection to the religious character of the

22 organization or institution from which the

23 juvenile offender receives, or would receive,

24 assistance funded under any program de25 scribed in this title, the State in which the
73

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1 individual resides shall provide such indi2 vidual (if otherwise eligible for such assist3 ance) within a reasonable period of time

4 after the date of such objection with assist5 ance from an alternative provider.

6 ‘‘(v) EMPLOYMENT PRACTICES.—A re7 ligious organization’s exemption provided

8 under section 702 of the Civil Rights Act

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

10 employment practices shall not be affected

11 by its participation in, or receipt of funds

12 from, programs described in this title.

13 ‘‘(vi) NONDISCRIMINATION AGAINST

14 BENEFICIARIES.—Except as otherwise pro15 vided in law, a religious organization shall

16 not discriminate against an individual in

17 regard to rendering assistance funded

18 under any program described in this title

19 on the basis of religion, a religious belief,

20 or refusal to actively participate in a reli21 gious practice.

22 ‘‘(vii) FISCAL ACCOUNTABILITY.—

23 ‘‘(I) IN GENERAL.—Subject to

24 subclause (II), any religious organiza25 tion contracting to provide assistance
74

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1 funded under any program described

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

3 same regulations as other contractors

4 to account in accord with generally

5 accepted auditing principles for the

6 use of such funds provided under such

7 programs.

8 ‘‘(II) LIMITED AUDIT.—If such

9 organization segregates Federal funds

10 provided under such programs into

11 separate accounts, then only the fi12 nancial assistance provided with such

13 funds shall be subject to audit.

14 ‘‘(viii) COMPLIANCE.—Any party

15 which seeks to enforce its rights under this

16 subparagraph may assert a civil action for

17 injunctive relief exclusively in an appro18 priate State court against the entity or

19 agency that allegedly commits such viola20 tion.

21 ‘‘(ix) LIMITATIONS ON USE OF FUNDS

22 FOR CERTAIN PURPOSES.—No funds pro23 vided directly to institutions or organiza24 tions to provide services and administer

25 programs under this title shall be expended
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1 for sectarian worship, instruction, or pros2 elytization.

3 ‘‘(x) PREEMPTION.—Nothing in this

4 subparagraph shall be construed to pre5 empt any provision of a State constitution

6 or State statute that prohibits or restricts

7 the expenditure of State funds in or by re8 ligious organizations.

9 ‘‘(5) PENALTIES.—

10 ‘‘(A) IN GENERAL.—If any amounts are

11 used for the purposes prohibited in either sub12 paragraph (D) or (E) of paragraph (4)—

13 ‘‘(i) all funding for the agency, orga14 nization, institution, or individual at issue

15 shall be immediately discontinued; and

16 ‘‘(ii) the agency, organization, institu17 tion, or individual using amounts for the

18 purpose prohibited in subparagraph (D) or

19 (E) of paragraph (4) shall be liable for re20 imbursement of all amounts granted to the

21 individual or entity for the fiscal year for

22 which the amounts were granted.

23 ‘‘(B) LIABILITY FOR EXPENSES AND DAM24 AGES.—In relation to a violation of paragraph

25 (4)(E), the individual filing the lawsuit or re-
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1 sponsible for taking the legal action against the

2 Federal, State, or local agency or institution, or

3 individual working for the Government, shall be

4 individually liable for all legal expenses and any

5 other expenses of the government agency, insti6 tution, or individual working for the Govern7 ment, including damages assessed by the jury

8 against the Government agency, institution, or

9 individual working for the government, and any

10 punitive damages.

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

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

13 appropriated to carry out this title—

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

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

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

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

18 and

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

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

21 amounts authorized to be appropriated under para22 graph (1) in each fiscal year—

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

24 under section 204(h); and
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1 ‘‘(B) $150,000,000 shall be for programs

2 under part B.

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

4 available pursuant to this subsection, and allocated

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

6 remain available until expended.

7 ‘‘SEC. 207. ADMINISTRATIVE PROVISIONS.

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

9 shall be administered by the Administrator under the gen10 eral authority of the Attorney General.

11 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

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

13 812(a), 812(b), and 812(d) of the Omnibus Crime Control

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

15 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),

16 3789g(d)) shall apply with respect to the administration

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

18 of this Act—

19 ‘‘(1) any reference to the Office of Justice Pro20 grams in such sections shall be considered to be a

21 reference to the Assistant Attorney General who

22 heads the Office of Justice Programs; and

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

24 sections shall be considered to be a reference to this

25 Act.
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1 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

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

3 of the Omnibus Crime Control and Safe Streets Act of

4 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

5 with respect to the administration of and compliance with

6 this Act, except that, for purposes of this Act—

7 ‘‘(1) any reference to the Attorney General, the

8 Assistant Attorney General who heads the Office of

9 Justice Programs, the Director of the National In10 stitute of Justice, the Director of the Bureau of Jus11 tice Statistics, or the Director of the Bureau of Jus12 tice Assistance shall be considered to be a reference

13 to the Administrator;

14 ‘‘(2) any reference to the Office of Justice Pro15 grams, the Bureau of Justice Assistance, the Na16 tional Institute of Justice, or the Bureau of Justice

17 Statistics shall be considered to be a reference to the

18 Office of Juvenile Justice and Delinquency Preven19 tion; and

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

21 sections shall be considered to be a reference to this

22 Act.

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

24 The Administrator may, after appropriate consultation

25 with representatives of States and units of local govern-
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1 ment, establish such rules, regulations, and procedures as

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

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

4 ‘‘(e) WITHHOLDING.—The Administrator shall initi5 ate such proceedings as the Administrator determines to

6 be appropriate if the Administrator, after giving reason7 able notice and opportunity for hearing to a recipient of

8 financial assistance under this title, finds that—

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

10 grant or contract involved was made has been so

11 changed that the program or activity no longer com12 plies with this title; or

13 ‘‘(2) in the operation of such program or activ14 ity there is failure to comply substantially with any

15 provision of this title.’’;

16 (2) in part B—

17 (A) in section 221(b)—

18 (i) in paragraph (1)—

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

20 inserting ‘‘section 222’’; and

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

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

23 (ii) in paragraph (2), by striking ‘‘sec24 tion 299(c)(1)’’ and inserting ‘‘section

25 222(a)(1)’’; and
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1 (B) by striking sections 222 and 223 and

2 inserting the following:

3 ‘‘SEC. 222. STATE PLANS.

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

5 grants under this part, a State shall submit a plan for

6 carrying out its purposes applicable to a 3-year period.

7 The State shall submit annual performance reports to the

8 Administrator which shall describe progress in implement9 ing programs contained in the original plan, and shall de10 scribe the status of compliance with State plan require11 ments. In accordance with regulations which the Adminis12 trator shall prescribe, such plan shall—

13 ‘‘(1) designate a State agency as the sole agen14 cy for supervising the preparation and administra15 tion of the plan;

16 ‘‘(2) contain satisfactory evidence that the

17 State agency designated in accordance with para18 graph (1) has or will have authority, by legislation

19 if necessary, to implement such plan in conformity

20 with this part;

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

22 and participation of units of general local govern23 ment or combinations thereof in the development of

24 a State plan which adequately takes into account the

25 needs and requests of local governments, except that
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1 nothing in the plan requirements, or any regulations

2 promulgated to carry out such requirements, shall be

3 construed to prohibit or impede the State from mak4 ing grants to, or entering into contracts with, local

5 private agencies, including religious organizations;

6 ‘‘(4) provide that the chief executive officer of

7 the unit of general local government shall assign re8 sponsibility for the preparation and administration

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

10 the supervision of the preparation and administra11 tion of the local government’s part of the State plan,

12 to that agency within the local government’s struc13 ture or to a regional planning agency (in this part

14 referred to as the ‘local agency’) which can most ef15 fectively carry out the purposes of this part and

16 shall provide for supervision of the programs funded

17 under this part by that local agency;

18 ‘‘(5)(A) provide for—

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

20 (including the joining of gangs that commit

21 crimes) and juvenile justice and delinquency

22 prevention needs (including educational needs)

23 within the relevant jurisdiction (including any

24 geographical area in which an Indian tribe per25 forms law enforcement functions), a description
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1 of the services to be provided, and a description

2 of performance goals and priorities, including a

3 specific statement of the manner in which pro4 grams are expected to meet the identified juve5 nile crime problems (including the joining of

6 gangs that commit crimes) and juvenile justice

7 and delinquency prevention needs (including

8 educational needs) of the jurisdiction;

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

10 the programs relate to other similar State or

11 local programs which are intended to address

12 the same or similar problems; and

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

14 efforts which shall coordinate all State juvenile

15 delinquency programs with respect to overall

16 policy and development of objectives and prior17 ities for all State juvenile delinquency programs

18 and activities, including provision for regular

19 meetings of State officials with responsibility in

20 the area of juvenile justice and delinquency pre21 vention;

22 ‘‘(B) contain—

23 ‘‘(i) an analysis of services for the preven24 tion and treatment of juvenile delinquency in

25 rural areas, including the need for such serv-
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1 ices, the types of such services available in rural

2 areas, and geographically unique barriers to

3 providing such services; and

4 ‘‘(ii) a plan for providing needed services

5 for the prevention and treatment of juvenile de6 linquency in rural areas; and

7 ‘‘(C) contain—

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

9 available to juveniles in the juvenile justice sys10 tem (including an assessment of the appro11 priateness of the particular placements of juve12 niles in order to receive such services) and of

13 barriers to access to such services; and

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

15 health services to juveniles in the juvenile jus16 tice system;

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

18 and participation of private agencies in the develop19 ment and execution of the State plan; and provide

20 for coordination and maximum utilization of existing

21 juvenile delinquency programs and other related pro22 grams, such as education, special education, recre23 ation, health, and welfare within the State;
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1 ‘‘(7) provide for the development of an adequate

2 research, training, and evaluation capacity within

3 the State;

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

5 the funds made available to the State pursuant to

6 grants under section 221, whether expended directly

7 by the State, by the unit of general local govern8 ment, or by a combination thereof, or through

9 grants and contracts with public or private nonprofit

10 agencies, shall be used for—

11 ‘‘(A) community-based alternatives (includ12 ing home-based alternatives) to incarceration

13 and institutionalization, specifically—

14 ‘‘(i) for youth who can remain at

15 home with assistance, home probation and

16 programs providing professional supervised

17 group activities or individualized mentoring

18 relationships with adults that involve the

19 family and provide counseling and other

20 supportive services;

21 ‘‘(ii) for youth who need temporary

22 placement, crisis intervention, shelter, and

23 after-care; and

24 ‘‘(iii) for youth who need residential

25 placement, a continuum of foster care or
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1 group home alternatives that provide ac2 cess to a comprehensive array of services;

3 ‘‘(B) community-based programs and serv4 ices to work with—

5 ‘‘(i) parents and other family mem6 bers to strengthen families, including par7 ent self-help groups, so that juveniles may

8 be retained in their homes;

9 ‘‘(ii) juveniles during their incarcer10 ation, and with their families, to ensure

11 the safe return of such juveniles to their

12 homes and to strengthen the families; and

13 ‘‘(iii) parents with limited-English

14 speaking ability, particularly in areas

15 where there is a large population of fami16 lies with limited-English speaking ability;

17 ‘‘(C) comprehensive juvenile justice and de18 linquency prevention programs that meet the

19 needs of youth through the collaboration of the

20 many local systems before which a youth may

21 appear, including schools, courts, law enforce22 ment agencies, child protection agencies, mental

23 health agencies, welfare services, health care

24 agencies, and private nonprofit agencies offer25 ing youth services;
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1 ‘‘(D) projects designed to develop and im2 plement programs stressing advocacy activities

3 aimed at improving services for and protecting

4 the rights of youth affected by the juvenile jus5 tice system;

6 ‘‘(E) educational programs or supportive

7 services for delinquent or other juveniles, pro8 vided equitably regardless of sex, race, or family

9 income, designed to—

10 ‘‘(i) encourage juveniles to remain in

11 elementary and secondary schools or in al12 ternative learning situations, including—

13 ‘‘(I) education in settings that

14 promote experiential, individualized

15 learning and exploration of academic

16 and career options;

17 ‘‘(II) assistance in making the

18 transition to the world of work and

19 self-sufficiency;

20 ‘‘(III) alternatives to suspension

21 and expulsion; and

22 ‘‘(IV) programs to counsel delin23 quent juveniles and other juveniles re24 garding the opportunities that edu25 cation provides; and
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1 ‘‘(ii) enhance coordination with the

2 local schools that such juveniles would oth3 erwise attend, to ensure that—

4 ‘‘(I) the instruction that juveniles

5 receive outside school is closely

6 aligned with the instruction provided

7 in school; and

8 ‘‘(II) information regarding any

9 learning problems identified in such

10 alternative learning situations are

11 communicated to the schools;

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

13 recruitment and training of home probation of14 ficers, other professional and paraprofessional

15 personnel, and volunteers to work effectively to

16 allow youth to remain at home with their fami17 lies as an alternative to incarceration or institu18 tionalization;

19 ‘‘(G) youth-initiated outreach programs de20 signed to assist youth (including youth with

21 limited proficiency in English) who otherwise

22 would not be reached by traditional youth as23 sistance programs;

24 ‘‘(H) programs designed to develop and

25 implement projects relating to juvenile delin-
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1 quency and learning disabilities, including on2 the-job training programs to assist community

3 services, law enforcement, and juvenile justice

4 personnel to more effectively recognize and pro5 vide for learning disabled and other handi6 capped youth;

7 ‘‘(I) projects designed both to deter in8 volvement in illegal activities and to promote in9 volvement in lawful activities on the part of

10 gangs whose membership is substantially com11 posed of youth;

12 ‘‘(J) programs and projects designed to

13 provide for the treatment of youths’ dependence

14 on or abuse of alcohol or other addictive or non15 addictive drugs;

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

17 projects) for delinquent and at-risk youth de18 signed to prevent juvenile delinquency;

19 ‘‘(L) programs for positive youth develop20 ment that assist delinquent and other at-risk

21 youth in obtaining—

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

23 ‘‘(ii) a sense of belonging and mem24 bership;
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1 ‘‘(iii) a sense of self-worth and social

2 contribution;

3 ‘‘(iv) a sense of independence and con4 trol over one’s life;

5 ‘‘(v) a sense of closeness in inter6 personal relationships; and

7 ‘‘(vi) a sense of competence and mas8 tery including health and physical com9 petence, personal and social competence,

10 cognitive and creative competence, voca11 tional competence, and citizenship com12 petence, including ethics and participation;

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

14 varying degrees of the seriousness of delinquent

15 behavior and the corresponding gradations in

16 the responses of the juvenile justice system in

17 response to that behavior, are designed to—

18 ‘‘(i) encourage courts to develop and

19 implement a continuum of post-adjudica20 tion restraints that bridge the gap between

21 traditional probation and confinement in a

22 correctional setting (including expanded

23 use of probation, mediation, restitution,

24 community service, treatment, home deten25 tion, intensive supervision, electronic mon-
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1 itoring, boot camps and similar programs,

2 and secure community-based treatment fa3 cilities linked to other support services

4 such as health, mental health, education

5 (remedial and special), job training, and

6 recreation); and

7 ‘‘(ii) assist in the provision by the Ad8 ministrator of information and technical

9 assistance, including technology transfer,

10 to States in the design and utilization of

11 risk assessment mechanisms to aid juvenile

12 justice personnel in determining appro13 priate sanctions for delinquent behavior;

14 ‘‘(N) programs designed to prevent and re15 duce hate crimes committed by juveniles, in16 cluding educational programs and sentencing

17 programs designed specifically for juveniles who

18 commit hate crimes and that provide alter19 natives to incarceration; and

20 ‘‘(O) programs (including referral to lit21 eracy programs and social service programs) to

22 assist families with limited-English speaking

23 ability that include delinquent juveniles to over24 come language and cultural barriers that may
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1 prevent the complete treatment of such juve2 niles and the preservation of their families;

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

4 research, training, and evaluation capacity within

5 the State;

6 ‘‘(10) provide that the State shall not detain or

7 confine juveniles who are alleged to be or determined

8 to be delinquent in any institution in which the juve9 nile has regular sustained physical contact with

10 adult persons who are detained or confined;

11 ‘‘(11) provide for an adequate system of mon12 itoring jails, detention facilities, correctional facili13 ties, and nonsecure facilities to ensure that the re14 quirements of paragraph (10) are met, and for an15 nual reporting of the results of such monitoring to

16 the Administrator, except that such reporting re17 quirements shall not apply in the case of a State

18 which is in compliance with the other requirements

19 of this paragraph, which is in compliance with the

20 requirements in paragraph (10), and which has en21 acted legislation which conforms to such require22 ments and which contains, in the opinion of the Ad23 ministrator, sufficient enforcement mechanisms to

24 ensure that such legislation will be administered ef25 fectively;
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1 ‘‘(12) provide assurance that youth in the juve2 nile justice system are treated equitably on the basis

3 of gender, race, family income, and mentally, emo4 tionally, or physically handicapping conditions;

5 ‘‘(13) provide assurance that consideration will

6 be given to and that assistance will be available for

7 approaches designed to strengthen the families of

8 delinquent and other youth to prevent juvenile delin9 quency (which approaches should include the involve10 ment of grandparents or other extended family

11 members when possible and appropriate and the pro12 vision of family counseling during the incarceration

13 of juvenile family members and coordination of fam14 ily services when appropriate and feasible);

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

16 for protecting the rights of recipients of services and

17 for assuring appropriate privacy with regard to

18 records relating to such services provided to any in19 dividual under the State plan;

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

21 accounting procedures necessary to assure prudent

22 use, proper disbursement, and accurate accounting

23 of funds received under this title;

24 ‘‘(16) provide reasonable assurances that Fed25 eral funds made available under this part for any pe-
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1 riod shall be so used as to supplement and increase

2 (but not supplant) the level of the State, local, and

3 other non-Federal funds that would in the absence

4 of such Federal funds be made available for the pro5 grams described in this part, and shall in no event

6 replace such State, local, and other non-Federal

7 funds; and

8 ‘‘(17) provide that the State agency designated

9 under paragraph (1) will from time to time, but not

10 less often than annually, review its plan and submit

11 to the Administrator an analysis and evaluation of

12 the effectiveness of the programs and activities car13 ried out under the plan, and any modifications in

14 the plan, including the survey of State and local

15 needs, which it considers necessary.

16 ‘‘(b) APPROVAL BY STATE AGENCY.—The State

17 agency designated under subsection (a)(1) shall approve

18 the State plan and any modification thereof prior to sub19 mission to the Administrator.

20 ‘‘(c) APPROVAL BY ADMINISTRATOR; COMPLIANCE

21 WITH STATUTORY REQUIREMENTS.—

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

23 approve any State plan and any modification thereof

24 that meets the requirements of this section.
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1 ‘‘(2) REDUCED ALLOCATIONS.—If a State fails

2 to comply with any requirement of subsection

3 (a)(10) in any fiscal year beginning after January 1,

4 1998, the State shall be ineligible to receive any allo5 cation under that section for such fiscal year un6 less—

7 ‘‘(A) the State agrees to expend all the re8 maining funds the State receives under this

9 part for that fiscal year only to achieve compli10 ance with such paragraph; or

11 ‘‘(B) the Administrator determines, in the

12 discretion of the Administrator, that the

13 State—

14 ‘‘(i) has achieved substantial compli15 ance with such paragraph; and

16 ‘‘(ii) has made, through appropriate

17 executive or legislative action, an unequivo18 cal commitment to achieving full compli19 ance within a reasonable time.’’; and

20 (3) by striking parts C, D, E, F, G, and H, and

21 each part designated as part I.

22 SEC. 303. RUNAWAY AND HOMELESS YOUTH.

23 Section 385 of the Juvenile Justice and Delinquency

24 Prevention Act of 1974 (42 U.S.C. 5751) is amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘1993

2 and such sums as may be necessary for fiscal

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

4 ‘‘1998 and such sums as may be necessary for

5 fiscal years 1999, 2000, 2001, and 2002’’; and

6 (B) by striking paragraph (3) and redesig7 nating paragraphs (4) and (5) as paragraphs

8 (3) and (4), respectively;

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

10 such sums as may be necessary for fiscal years

11 1994, 1995, and 1996’’ and inserting ‘‘1998 and

12 such sums as may be necessary for fiscal years

13 1999, 2000, 2001, and 2002’’; and

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

15 1995, and 1996’’ and inserting ‘‘1998, 1999, 2000,

16 2001, and 2002’’.

17 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

18 Title IV of the Juvenile Justice and Delinquency Pre19 vention Act of 1974 (42 U.S.C. 5771 et seq.) is amend20 ed—

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

22 and inserting the following:

23 ‘‘(2) the term ‘Administrator’ means the Ad24 ministrator of the Office of Juvenile Crime Control

25 and Accountability.’’;
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1 (2) by striking section 404; and

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

3 1995, and 1996’’ and inserting ‘‘1998, 1999, 2000,

4 2001, and 2002’’.

5 SEC. 305. REPEAL.

6 Title V of the Juvenile Justice and Delinquency Pre7 vention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.

8 SEC. 306. TRANSFER OF FUNCTIONS AND SAVINGS PROVI9 SIONS.

10 (a) DEFINITIONS.—In this section, unless otherwise

11 provided or indicated by the context—

12 (1) the term ‘‘Administrator of the Office’’

13 means the Administrator of the Office of Juvenile

14 Justice and Delinquency Prevention;

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

16 means the bureau established under section 401 of

17 title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968;

19 (3) the term ‘‘Administrator’’ means the Ad20 ministrator of the Office of Juvenile Crime Control

21 and Accountability established by operation of sub22 section (b);

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

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

25 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

25 such determinations as may be necessary with re-
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1 gard to the functions transferred by this section, and

2 to make such additional incidental dispositions of

3 personnel, assets, liabilities, grants, contracts, prop4 erty, records, and unexpended balances of appropria5 tions, authorizations, allocations, and other amounts

6 held, used, arising from, available to, or to be made

7 available in connection with such functions, as may

8 be necessary to carry out this section.

9 (2) TERMINATION OF AFFAIRS.—The Director

10 of the Office of Management and Budget shall pro11 vide for the termination of the affairs of all entities

12 terminated by this section and for such further

13 measures and dispositions as may be necessary to ef14 fectuate the purposes of this section.

15 (e) EFFECT ON PERSONNEL.—

16 (1) IN GENERAL.—Except as otherwise pro17 vided by this section, the transfer pursuant to this

18 section of full-time personnel (except special Govern19 ment employees) and part-time personnel holding

20 permanent positions shall not cause any such em21 ployee to be separated or reduced in grade or com22 pensation for 1 year after the date of transfer of

23 such employee under this section.

24 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

25 as otherwise provided in this section, any person
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1 who, on the day before the date of enactment of this

2 Act, held a position compensated in accordance with

3 the Executive Schedule prescribed in chapter 53 of

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

5 break in service, is appointed in the Office of Juve6 nile Crime Control and Accountability to a position

7 having duties comparable to the duties performed

8 immediately preceding such appointment shall con9 tinue to be compensated in such new position at not

10 less than the rate provided for such previous posi11 tion, for the duration of the service of such person

12 in such new position.

13 (3) TRANSITION RULE.—

14 (A) IN GENERAL.—The incumbent Admin15 istrator of the Office as of the date immediately

16 preceding the date of enactment of this Act

17 shall continue to serve as Administrator after

18 the enactment of this Act until such time as the

19 incumbent resigns, is relieved of duty by the

20 President, or an Administrator is appointed by

21 the President, by and with the advice and con22 sent of the Senate.

23 (B) NOMINEE.—Not later than 6 months

24 after the date of enactment of this Act, the

25 President shall submit to the Senate for its con-
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1 sideration the name of the individual nominated

2 to be appointed as the Administrator.

3 (f) SAVINGS PROVISIONS.—

4 (1) CONTINUING EFFECT OF LEGAL DOCU5 MENTS.—All orders, determinations, rules, regula6 tions, permits, agreements, grants, contracts, certifi7 cates, licenses, registrations, privileges, and other

8 administrative actions—

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

10 or allowed to become effective by the President,

11 any Federal agency or official thereof, or by a

12 court of competent jurisdiction, in the perform13 ance of functions that are transferred under

14 this section; and

15 (B) that are in effect at the time this sec16 tion takes effect, or were final before the date

17 of enactment of this Act and are to become ef18 fective on or after the date of enactment of this

19 Act, shall continue in effect according to their

20 terms until modified, terminated, superseded,

21 set aside, or revoked in accordance with law by

22 the President, the Administrator, or other au23 thorized official, a court of competent jurisdic24 tion, or by operation of law.

25 (2) PROCEEDINGS NOT AFFECTED.—
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1 (A) IN GENERAL.—This section shall not

2 affect any proceedings, including notices of pro3 posed rulemaking, or any application for any li4 cense, permit, certificate, or financial assistance

5 pending before the Office of Juvenile Justice

6 and Delinquency Prevention on the date on

7 which this section takes effect, with respect to

8 functions transferred by this section but such

9 proceedings and applications shall be continued.

10 (B) ORDERS; APPEALS; PAYMENTS.—Or11 ders shall be issued in such proceedings, ap12 peals shall be taken therefrom, and payments

13 shall be made pursuant to such orders, as if

14 this section had not been enacted, and orders

15 issued in any such proceedings shall continue in

16 effect until modified, terminated, superseded, or

17 revoked by a duly authorized official, by a court

18 of competent jurisdiction, or by operation of

19 law.

20 (C) DISCONTINUANCE OR MODIFICA21 TION.—Nothing in this paragraph shall be con22 strued to prohibit the discontinuance or modi23 fication of any such proceeding under the same

24 terms and conditions and to the same extent

25 that such proceeding could have been discon-
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1 tinued or modified if this paragraph had not

2 been enacted.

3 (3) SUITS NOT AFFECTED.—This section shall

4 not affect suits commenced before the date of enact5 ment of this Act, and in all such suits, proceedings

6 shall be had, appeals taken, and judgments rendered

7 in the same manner and with the same effect as if

8 this section had not been enacted.

9 (4) NONABATEMENT OF ACTIONS.—No suit, ac10 tion, or other proceeding commenced by or against

11 the Office of Juvenile Justice and Delinquency Pre12 vention, or by or against any individual in the offi13 cial capacity of such individual as an officer of the

14 Office of Juvenile Justice and Delinquency Preven15 tion, shall abate by reason of the enactment of this

16 section.

17 (5) ADMINISTRATIVE ACTIONS RELATING TO

18 PROMULGATION OF REGULATIONS.—Any administra19 tive action relating to the preparation or promulga20 tion of a regulation by the Office of Juvenile Justice

21 and Delinquency Prevention relating to a function

22 transferred under this section may be continued, to

23 the extent authorized by this section, by the Office

24 of Juvenile Crime Control and Accountability with
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1 the same effect as if this section had not been en2 acted.

3 (g) TRANSITION.—The Administrator may utilize—

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

5 other personnel of the Office of Juvenile Justice and

6 Delinquency Prevention with respect to functions

7 transferred to the Office of Juvenile Crime Control

8 and Accountability by this section; and

9 (2) amounts appropriated to such functions for

10 such period of time as may reasonably be needed to

11 facilitate the orderly implementation of this section.

12 (h) REFERENCES.—Reference in any other Federal

13 law, Executive order, rule, regulation, or delegation of au14 thority, or any document of or relating to—

15 (1) the Administrator of the Office of Juvenile

16 Justice and Delinquency Prevention with regard to

17 functions transferred by operation of subsection (b),

18 shall be considered to refer to the Administrator of

19 the Office of Juvenile Crime Control and Account20 ability; and

21 (2) the Office of Juvenile Justice and Delin22 quency Prevention with regard to functions trans23 ferred by operation of subsection (b), shall be con24 sidered to refer to the Office of Juvenile Crime Con25 trol and Accountability.
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1 (i) TECHNICAL AND CONFORMING AMENDMENT.—

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

3 by striking ‘‘Administrator, Office of Juvenile Crime Con4 trol and Accountability’’.

5 SEC. 307. REPEAL OF UNNECESSARY AND DUPLICATIVE

6 PROGRAMS.

7 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE8 MENT ACT OF 1994.—

9 (1) TITLE III.—Title III of the Violent Crime

10 Control and Law Enforcement Act of 1994 (42

11 U.S.C. 13741 et seq.) is amended by striking sub12 titles A through S, subtitle U, and subtitle X.

13 (2) TITLE V.—Title V of the Violent Crime

14 Control and Law Enforcement Act of 1994 (42

15 U.S.C. 3797 et seq.) is repealed.

16 (3) TITLE XXVII.—Title XXVII of the Violent

17 Crime Control and Law Enforcement Act of 1994

18 (42 U.S.C. 14191 et seq.) is repealed.

19 (b) ELEMENTARY AND SECONDARY EDUCATION

20 ACT.—

21 (1) TITLE IV.—Title IV of the Elementary and

22 Secondary Education Act of 1965 (20 U.S.C. 7101)

23 is repealed.
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1 (2) TITLE V.—Part C of title V of the Elemen2 tary and Secondary Education Act of 1965 (20

3 U.S.C. 7261 et seq.) is repealed.

4 (c) PUBLIC HEALTH SERVICE ACT.—Section 517 of

5 the Public Health Service Act (42 U.S.C. 290bb–23) is

6 repealed.

7 (d) HUMAN SERVICES REAUTHORIZATION ACT.—

8 Section 408 of the Human Services Reauthorization Act

9 is repealed.

10 (e) COMMUNITY SERVICES BLOCK GRANTS ACT.—

11 Section 682 of the Community Services Block Grants Act

12 (42 U.S.C. 9901) is repealed.

13 (f) ANTI-DRUG ABUSE ACT.—Subtitle B of title III

14 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11801

15 et seq.) is amended by striking chapters 1 and 2.

16 SEC. 308. CIVIL MONETARY PENALTY SURCHARGE.

17 (a) IMPOSITION.—Subject to subsection (b) and not18 withstanding any other provision of law, a surcharge of

19 40 percent of the principal amount of a civil monetary

20 penalty shall be added to each civil monetary penalty as21 sessed by the United States or any agency thereof at the

22 time the penalty is assessed.

23 (b) LIMITATION.—This section does not apply to any

24 monetary penalty assessed under the Internal Revenue

25 Code of 1986.
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1 (c) USE OF SURCHARGES.—Amounts collected from

2 the surcharge imposed under this section shall be used for

3 Federal programs to combat youth violence.

4 (d) EFFECTIVE DATES.—

5 (1) IN GENERAL.—A surcharge under sub6 section (b) shall be added to each civil monetary

7 penalty assessed on or after the later of October 1,

8 1997 and the date of enactment of this Act.

9 (2) EXPIRATION OF AUTHORITY.—The author10 ity to add a surcharge under this subsection shall

11 terminate at the close of September 30, 2002.

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

13 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vio14 lent and Repeat Juvenile Offender Act of 1997’’.

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

16 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Severability.

TITLE I—JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.

Sec. 102. Treatment of Federal juvenile offenders.

Sec. 103. Definitions.

Sec. 104. Notification after arrest.

Sec. 105. Release and detention prior to disposition.

Sec. 106. Speedy trial.

Sec. 107. Dispositional hearings.

Sec. 108. Use of juvenile records.

Sec. 109. Implementation of a sentence for juvenile offenders.

Sec. 110. Magistrate judge authority regarding juvenile defendants.

Sec. 111. Federal Sentencing Guidelines.

Sec. 112. Study and report on Indian tribal jurisdiction.
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TITLE II—JUVENILE GANGS

Sec. 201. Short title.

Sec. 202. Increase in offense level for participation in crime as a gang member.

Sec. 203. Amendment of title 18 with respect to criminal gangs.

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

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

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

gangs and firearms offenses as RICO predicates.

Sec. 207. Prohibitions relating to firearms.

Sec. 208. Amendment of sentencing guidelines with respect to body armor.

Sec. 209. Prison communications.

Sec. 210. High intensity interstate gang activity areas.

Sec. 211. Increased RICO penalties for gang and violent crimes.

Sec. 212. Increasing the penalty for using physical force to tamper with witnesses, victims, or informants.

Sec. 213. Clone pagers.

TITLE III—JUVENILE CRIME CONTROL AND ACCOUNTABILITY

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

Sec. 302. National program.

Sec. 303. Juvenile crime control and juvenile offender accountability incentive

block grants.

Sec. 304. State plans.

Sec. 305. Grants to prosecutors.

Sec. 306. Runaway and homeless youth.

Sec. 307. Authorization of appropriations.

Sec. 308. Transfer of functions and savings provisions.

Sec. 309. Pilot program to promote replication of recent successful juvenile crime

reduction strategies.

Sec. 310. Repeal of unnecessary and duplicative programs.

Sec. 311. Extension of Violent Crime Reduction Trust Fund.

Sec. 312. Reimbursement of States for costs of incarcerating juvenile aliens.

TITLE IV—BOYS AND GIRLS CLUBS

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

TITLE V—MISCELLANEOUS

Subtitle A—General Provisions

Sec. 501. Definition of unit of local government.

Sec. 502. Carjacking offenses.

Sec. 503. Firearms safety.

Sec. 504. Firearm safety education grants.

Sec. 505. Increased penalty for firearms conspiracy.

Sec. 506. Felony treatment for offenses tantamount to aiding and abetting unlawful purchases.

Sec. 507. Increased penalty for knowingly receiving firearms with obliterated serial number.

Sec. 508. Amendment of the sentencing guidelines for transfers of firearms to prohibited persons.

Sec. 509. Criminal forfeiture of firearms used in crimes of violence and felonies.

Sec. 510. Criminal forfeiture for gun trafficking.
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Sec. 511. Using prison inmate labor and other labor for data processing of personal information about children.

Sec. 512. Truth-in-sentencing incentive grants.

Sec. 513. False advertising or misuse of name to indicate United States Marshals

Service.

Sec. 514. Extension of authority.

Sec. 515. Use of residential substance abuse treatment grants to provide aftercare

services.

Sec. 516. Establishment of felony violations.

Sec. 517. Hate Crimes Statistics Act.

Sec. 518. Elimination of the statute of limitations for murder and Class A offenses.

Sec. 519. Priority.

Sec. 520. Increased penalties for distributing drugs to minors.

Sec. 521. Increased penalty for drug trafficking in or near a school or other protected location.

Sec. 522. Increased penalties for using minors to distribute drugs.

Sec. 523. Penalties for use of minors in crimes of violence.

Sec. 524. Increased penalties for using Federal property to grow or manufacture

controlled substances.

Sec. 525. Safe schools.

Sec. 526. Applicability to dangerous weapons.

Subtitle B—Child Exploitation Sentencing Enhancement

Sec. 531. Short title.

Sec. 532. Definitions.

Sec. 533. Increased penalties for use of a computer in the sexual abuse or exploitation of a child.

Sec. 534. Increased penalties for knowing misrepresentation in the sexual abuse

or exploitation of a child.

Sec. 535. Increased penalties for pattern of activity of sexual exploitation of children.

Sec. 536. Repeat offenders; increased maximum penalties for transportation for

illegal sexual activity and related crimes.

Sec. 537. Clarification of definition of distribution of pornography.

Sec. 538. Directive to the United States Sentencing Commission.

Sec. 539. Authorization for guardians ad litem.

Sec. 540. Applicability.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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

4 adopted a separate justice system for juvenile offend5 ers;

6 (2) violent crimes committed by juveniles, such

7 as homicide, rape, and robbery, were an unknown
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1 phenomenon then, but the rate at which juveniles

2 commit such crimes has escalated astronomically

3 since that time;

4 (3) in 1994—

5 (A) the number of persons arrested overall

6 for murder in the United States decreased by 5.8

7 percent, but the number of persons who are less

8 than 15 years of age arrested for murder in9 creased by 4 percent; and

10 (B) the number of persons arrested for all

11 violent crimes increased by 1.3 percent, but the

12 number of persons who are less than 15 years of

13 age arrested for violent crimes increased by 9.2

14 percent, and the number of persons less than 18

15 years of age arrested for such crimes increased

16 by 6.5 percent;

17 (4) from 1985 to 1996, the number of persons ar18 rested for all violent crimes increased by 52.3 percent,

19 but the number of persons under age 18 arrested for

20 violent crimes rose by 75 percent;

21 (5) the number of juvenile offenders is expected

22 to undergo a massive increase during the first 2 dec23 ades of the twenty-first century, culminating in an

24 unprecedented number of violent offenders who are

25 less than 18 years of age;
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1 (6) the rehabilitative model of sentencing for ju2 veniles, which Congress rejected for adult offenders

3 when Congress enacted the Sentencing Reform Act of

4 1984, is inadequate and inappropriate for dealing

5 with violent and repeat juvenile offenders;

6 (7) the Federal Government should encourage the

7 States to experiment with progressive solutions to the

8 escalating problem of juveniles who commit violent

9 crimes and who are repeat offenders, including pros10 ecuting all such offenders as adults, but should not

11 impose specific strategies or programs on the States;

12 (8) an effective strategy for reducing violent juve13 nile crime requires greater collection of investigative

14 data and other information, such as fingerprints and

15 DNA evidence, as well as greater sharing of such in16 formation among Federal, State, and local agencies,

17 including the courts, in the law enforcement and edu18 cational systems;

19 (9) data regarding violent juvenile offenders

20 must be made available to the adult criminal justice

21 system if recidivism by criminals is to be addressed

22 adequately;

23 (10) holding juvenile proceedings in secret denies

24 victims of crime the opportunity to attend and be

25 heard at such proceedings, helps juvenile offenders to
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1 avoid accountability for their actions, and shields ju2 venile proceedings from public scrutiny and account3 ability;

4 (11) the injuries and losses suffered by the vic5 tims of violent crime are no less painful or devastat6 ing because the offender is a juvenile; and

7 (12) the investigation, prosecution, adjudication,

8 and punishment of criminal offenses committed by ju9 veniles is, and should remain, primarily the respon10 sibility of the States, to be carried out without inter11 ference from the Federal Government.

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

13 (1) to reform juvenile law so that the paramount

14 concerns of the juvenile justice system are providing

15 for the safety of the public and holding juvenile

16 wrongdoers accountable for their actions, while pro17 viding the wrongdoer a genuine opportunity for self18 reform;

19 (2) to revise the procedures in Federal court that

20 are applicable to the prosecution of juvenile offenders;

21 (3) to address specifically the problem of violent

22 crime and controlled substance offenses committed by

23 youth gangs; and

24 (4) to encourage and promote, consistent with

25 the ideals of federalism, adoption of policies by the
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1 States to ensure that the victims of violent crimes

2 committed by juveniles receive the same level of justice

3 as do victims of violent crimes that are committed by

4 adults.

5 SEC. 3. SEVERABILITY.

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

7 this Act, or the application of such provision or amendment

8 to any person or circumstance is held to be unconstitu9 tional, the remainder of this Act, the amendments made by

10 this Act, and the application of the provisions of such to

11 any person or circumstance shall not be affected thereby.

12 TITLE I—JUVENILE JUSTICE

13 REFORM

14 SEC. 101. REPEAL OF GENERAL PROVISION.

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

16 States Code, is amended—

17 (1) by striking section 5001; and

18 (2) by redesignating section 5003 as section

19 5001.

20 (b) CONFORMING AMENDMENTS.—The analysis for

21 chapter 401 of title 18, United States Code, is amended—

22 (1) by striking the item relating to section 5001;

23 and

24 (2) by redesignating the item relating to section

25 5003 as 5001.
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1 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

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

3 States Code, is amended to read as follows:

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

5 juveniles tried as adults; transfer for

6 other criminal prosecution

7 ‘‘(a) IN GENERAL.—A juvenile who is alleged to have

8 committed a Federal offense shall, except as provided in

9 subsection (d), be tried in the appropriate district court of

10 the United States—

11 ‘‘(1) in the case of an offense described in sub12 section (c), if the juvenile was not less than 14 years

13 of age at the time of the offense, as an adult at the

14 discretion of the United States Attorney in the appro15 priate jurisdiction, upon certification by that United

16 States Attorney (which certification shall not be sub17 ject to review in or by any court) that—

18 ‘‘(A) there is a substantial Federal interest

19 in the case or the offense to warrant the exercise

20 of Federal jurisdiction; or

21 ‘‘(B) the ends of justice otherwise so require;

22 ‘‘(2) in the case of a felony offense that is not de23 scribed in subsection (c) as an adult, upon certifi24 cation by the Attorney General (which certification

25 shall not be subject to review in or by any court)

26 that—
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1 ‘‘(A) there is a substantial Federal interest

2 in the case or the offense to warrant the exercise

3 of Federal jurisdiction; or

4 ‘‘(B) the ends of justice otherwise so require;

5 and

6 ‘‘(3) in all other cases, as a juvenile.

7 ‘‘(b) JOINDER; LESSER INCLUDED OFFENSES.—In a

8 prosecution under this section, a juvenile may be prosecuted

9 and convicted as an adult for any offense that is properly

10 joined under the Federal Rules of Criminal Procedure with

11 an offense under subsection (c), and may also be convicted

12 of a lesser included offense.

13 ‘‘(c) OFFENSES DESCRIBED.—For purposes of sub14 section (a)(1), an offense is described in this subsection if

15 it is a Federal offense that—

16 ‘‘(1) is a serious violent felony or a serious drug

17 offense described in section 3559(c), except that the

18 provisions of paragraph (c)(3) of section 3559 shall

19 not apply to this section; or

20 ‘‘(2) is a conspiracy or an attempt to commit an

21 offense described in paragraph (1).

22 ‘‘(d) REFERRAL BY UNITED STATES ATTORNEY.—

23 ‘‘(1) IN GENERAL.—If the United States Attor24 ney in the appropriate jurisdiction declines prosecu25 tion of an offense under this section, the United
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1 States Attorney may refer the matter to the appro2 priate legal authorities of the State or Indian tribe

3 with jurisdiction over both the offense and the juve4 nile.

5 ‘‘(2) DEFINITIONS.—In this subsection:

6 ‘‘(A) INDIAN TRIBE.—The term ‘Indian

7 tribe’ has the meaning given that term in section

8 4(e) of the Indian Self-Determination and Edu9 cation Assistance Act (25 U.S.C. 450b(e)).

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

11 State of the United States, the District of Colum12 bia, and any commonwealth, territory, or posses13 sion of the United States.

14 ‘‘(e) APPLICABLE PROCEDURES.—Any action pros15 ecuted in a district court of the United States under this

16 section—

17 ‘‘(1) shall proceed in the same manner as is re18 quired by this title and by the Federal Rules of

19 Criminal Procedure in proceedings against an adult

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

21 adult in accordance with subsection (a); and

22 ‘‘(2) in all other cases, shall proceed in accord23 ance with this chapter, unless the juvenile has re24 quested in writing, upon advice of counsel, to be pro25 ceeded against as an adult.
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1 ‘‘(f) APPLICATION OF LAWS.—

2 ‘‘(1) IN GENERAL.—Except as otherwise provided

3 in this chapter, in any case in which a juvenile is

4 prosecuted in a district court of the United States as

5 an adult, the juvenile shall be subject to the same

6 laws, rules, and proceedings regarding sentencing (in7 cluding the availability of probation, restitution,

8 fines, forfeiture, imprisonment, and supervised re9 lease) that would be applicable in the case of an

10 adult. No juvenile sentenced to a term of imprison11 ment shall be released from custody simply because

12 the juvenile reaches the age of 18 years. Juveniles

13 tried as adults shall be sentenced under Federal sen14 tencing guidelines consistent with section 994(z) of

15 title 28, United States Code, once such guidelines are

16 promulgated and go into effect.

17 ‘‘(2) APPLICABILITY OF MANDATORY RESTITU18 TION PROVISIONS TO CERTAIN JUVENILES.—If a juve19 nile is tried as an adult for any offense to which the

20 mandatory restitution provisions of sections 3663A,

21 2248, 2259, 2264, and 2323 apply, those sections shall

22 apply to that juvenile in the same manner and to the

23 same extent as those provisions apply to adults.

24 ‘‘(g) OPEN PROCEEDINGS.—
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1 ‘‘(1) IN GENERAL.—Any offense tried in a dis2 trict court of the United States under this section

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

4 rules 10, 26, 31(a), and 53 of the Federal Rules of

5 Criminal Procedure, unless good cause is established

6 by the moving party or is otherwise found by the

7 court, for closure.

8 ‘‘(2) STATUS ALONE INSUFFICIENT.—The status

9 of the defendant as a juvenile, absent other factors,

10 shall not constitute good cause for purposes of this

11 subsection.

12 ‘‘(h) AVAILABILITY OF RECORDS.—

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

14 concerning the arrest or prosecution of a juvenile in

15 a district court of the United States under this sec16 tion, subject to the requirements of section 5038, the

17 United States Attorney of the appropriate jurisdiction

18 shall have complete access to the prior Federal juve19 nile records of the subject juvenile and, to the extent

20 permitted by State law, the prior State juvenile

21 records of the subject juvenile.

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

23 any case in which a juvenile is found guilty in an

24 action under this section, the district court respon25 sible for imposing sentence shall have complete access
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1 to the prior Federal juvenile records of the subject ju2 venile and, to the extent permitted under State law,

3 the prior State juvenile records of the subject juvenile.

4 At sentencing, the district court shall consider the en5 tire available prior juvenile record of the subject juve6 nile.

7 ‘‘(3) RELEASE OF RECORDS.—The Director of

8 the Federal Bureau of Investigation may release such

9 Federal records and, to the extent permitted by State

10 law, such State records, to law enforcement authori11 ties of any jurisdiction and to officials of any school,

12 school district, or postsecondary school at which the

13 individual who is the subject of the juvenile record is

14 enrolled or seeks, intends, or is instructed to enroll, if

15 such school officials are held liable to the same stand16 ards and penalties to which law enforcement and ju17 venile justice system employees are held liable under

18 Federal and State law for the handling and disclosure

19 of such information.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) CHAPTER ANALYSIS.—The analysis for chap22 ter 403 of title 18, United States Code, is amended

23 by striking the item relating to section 5032 and in24 serting the following:

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults; transfer for other criminal prosecution.’’.
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1 (2) ADULT SENTENCING SECTION.—Section 3553

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

3 at the end the following:

4 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

5 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

6 UNDER THE AGE OF 16.—Notwithstanding any other pro7 vision of law, in the case of a defendant convicted for con8 duct that occurred before the juvenile attained the age of

9 16 years, the court shall impose a sentence without regard

10 to any statutory minimum sentence if the court finds at

11 sentencing, after affording the Government an opportunity

12 to make a recommendation, that the juvenile has not been

13 previously adjudicated delinquent for, or convicted of, a se14 rious violent felony or a serious drug offense (as those terms

15 are defined in section 3559(c)).

16 ‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY IN

17 FEDERAL SENTENCING.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) SENTENCING GUIDELINES.—Pursuant

20 to its authority under section 994 of title 28 and

21 the amendments made by section 111 of the Vio22 lent and Repeat Juvenile Offender Act of 1997,

23 the United States Sentencing Commission shall

24 amend the Federal Sentencing Guidelines to pro25 vide that, in determining the criminal history
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1 score under the guidelines for any adult offender

2 or any juvenile offender being sentenced as an

3 adult, prior juvenile convictions and adjudica4 tions for offenses described in paragraph (2)

5 shall receive a score similar to that which the de6 fendant would have received if those offenses had

7 been committed when the defendant was an

8 adult, provided that any portion of the sentence

9 for the offense was imposed or served within 15

10 years after the commencement of the instant of11 fense.

12 ‘‘(B) REVIEWS.—The Commission shall also

13 review the criminal history treatment of juvenile

14 adjudications or convictions for other offenses to

15 determine whether it should be adjusted in a

16 similar fashion, and make any additional guide17 line amendments necessary to make whatever ad18 justments it concludes are needed to implement

19 the results of the review.

20 ‘‘(2) OFFENSES DESCRIBED.—The offenses de21 scribed in paragraph (1) shall include—

22 ‘‘(A) any crime of violence;

23 ‘‘(B) any controlled substance offense;
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1 ‘‘(C) any other offense for which the defend2 ant received a sentence or disposition of impris3 onment of 1 year or more; and

4 ‘‘(D) any other offense punishable by a term

5 of imprisonment of more than 1 year for which

6 the defendant was prosecuted as an adult.

7 ‘‘(3) DEFINITIONS.—The guidelines described in

8 paragraph (1) shall define the terms ‘crime of vio9 lence’ and ‘controlled substance offense’ in substan10 tially the same manner as those terms are defined in

11 Guideline Section 4B1.2 of the November 1, 1995,

12 Guidelines Manual.

13 ‘‘(4) JUVENILE ADJUDICATIONS.—In carrying

14 out this subsection, the Commission shall assign

15 criminal history points for juvenile adjudications

16 based principally on the nature of the acts committed

17 by the juvenile but may also provide for some adjust18 ment of the score in light of the length of sentence the

19 juvenile received.

20 ‘‘(5) EMERGENCY AUTHORITY.—The Commission

21 shall promulgate the guidelines or amendments pro22 vided for under this subsection as soon as practicable,

23 and in any event not later than 90 days after the

24 date of enactment of the Violent and Repeat Juvenile

25 Offender Act of 1997, in accordance with the proce-
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1 dures set forth in section 21(a) of the Sentencing Act

2 of 1987, as though the authority under that authority

3 had not expired, except that the Commission shall

4 submit to Congress the emergency guidelines or

5 amendments promulgated under this section, and

6 shall set an effective date for those guidelines or

7 amendments not earlier than 30 days after their sub8 mission to Congress.

9 ‘‘(6) CAREER OFFENDER DETERMINATION.—Pur10 suant to its authority under section 994 of title 28

11 and the amendments made by section 111 of the Vio12 lent and Repeat Juvenile Offender Act of 1997, the

13 United States Sentencing Commission shall amend

14 the Federal Sentencing Guidelines to provide for in15 clusion, in any determination whether a juvenile or

16 adult defendant is a career offender under section

17 994(h) of title 28 and any computation of what sen18 tence any defendant found to be a career offender

19 should be given, of any act for which the defendant

20 was previously convicted or adjudicated delinquent as

21 a juvenile that would be a felony covered by that sec22 tion if it had been committed as an adult.’’.

23 SEC. 103. DEFINITIONS.

24 Section 5031 of title 18, United States Code, is amend25 ed to read as follows:
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1 ‘‘§ 5031. Definitions

2 ‘‘In this chapter:

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

4 means an individual 18 years of age or older arrested

5 and in custody for, awaiting trial on, or convicted of

6 criminal charges or an act of juvenile delinquency

7 committed while a juvenile.

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

9 ‘‘(A) a person who has not attained his or

10 her eighteenth birthday; or

11 ‘‘(B) for the purpose of proceedings and dis12 position under this chapter for an alleged act of

13 juvenile delinquency, a person who has not at14 tained his or her twenty-first birthday.

15 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘juve16 nile delinquency’ means the violation of a law of the

17 United States committed by a person prior to the

18 eighteenth birthday of that person, if the violation—

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

20 by an adult; or

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

22 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—

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

24 physical contact’ means—

25 ‘‘(i) any physical contact between a ju26 venile and an adult inmate; and
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1 ‘‘(ii) proximity that provides an op2 portunity for physical contact between a ju3 venile and an adult inmate.

4 ‘‘(B) EXCLUSION.—The term does not in5 clude supervised proximity between a juvenile

6 and an adult inmate that is brief and incidental

7 or accidental.

8 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—

9 ‘‘(A) IN GENERAL.—The term ‘sustained

10 oral communication’ means the imparting or

11 interchange of speech by or between an adult in12 mate and a juvenile.

13 ‘‘(B) EXCEPTION.—The term does not in14 clude—

15 ‘‘(i) communication that is accidental

16 or incidental; or

17 ‘‘(ii) sounds or noises that cannot rea18 sonably be considered to be speech.

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

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

21 commonwealth, territory, or possession of the United

22 States and, with regard to an act of juvenile delin23 quency that would have been a misdemeanor if com24 mitted by an adult, an Indian tribe (as that term is

25 defined in section 4(e) of the Indian Self-Determina-
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1 tion and Education Assistance Act (25 U.S.C.

2 4506(e))).

3 ‘‘(7) VIOLENT JUVENILE.—The term ‘violent ju4 venile’ means any juvenile who is alleged to have

5 committed, has been adjudicated delinquent for, or

6 has been convicted of an offense that, if committed by

7 an adult, would be a crime of violence (as that term

8 is defined in section 16).’’.

9 SEC. 104. NOTIFICATION AFTER ARREST.

10 Section 5033 of title 18, United States Code, is amend11 ed—

12 (1) in the first sentence, by striking ‘‘imme13 diately notify the Attorney General and’’ and insert14 ing the following: ‘‘immediately or as soon as prac15 ticable thereafter, notify the United States Attorney of

16 the appropriate jurisdiction and shall promptly take

17 reasonable steps to notify’’; and

18 (2) in the second sentence of the second undesig19 nated paragraph, by inserting before the period at the

20 end the following: ‘‘, and the juvenile shall not be sub21 ject to detention under conditions that permit prohib22 ited physical contact with adult inmates or in which

23 the juvenile and an adult inmate can engage in sus24 tained oral communications’’.
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1 SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSI2 TION.

3 (a) DUTIES OF MAGISTRATE.—Section 5034 of title

4 18, United States Code, is amended—

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

6 and inserting the following:

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) REPRESENTATION BY COUNSEL.—The mag9 istrate shall ensure’’;

10 (2) by striking ‘‘The magistrate may appoint’’

11 and inserting the following:

12 ‘‘(2) GUARDIAN AD LITEM.—The magistrate may

13 appoint’’;

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

15 the following:

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

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

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

19 ‘‘(c) RELEASE OF CERTAIN JUVENILES.—Notwith20 standing subsection (b), a juvenile who is to be tried as an

21 adult under section 5032 shall be released pending trial

22 only in accordance with the applicable provisions of chapter

23 207. The release shall be conducted in the same manner and

24 be subject to the same terms, conditions, and sanctions for

25 violation of a release condition as provided for an adult

26 under chapter 207.
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1 ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE

2 ON RELEASE.—

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

4 committed, while on release under this section, an of5 fense that, if committed by an adult, would be a Fed6 eral criminal offense, shall be subject to prosecution

7 under section 5032.

8 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.—

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

10 tried as an adult under section 5032 for an offense

11 committed while on release under this section.’’.

12 (b) DETENTION PRIOR TO DISPOSITION.—Section

13 5035 of title 18, United States Code, is amended—

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

15 following:

16 ‘‘(a) IN GENERAL.—A juvenile’’;

17 (2) in subsection (a), as redesignated—

18 (A) in the third sentence by striking ‘‘regu19 lar contact’’ and inserting ‘‘prohibited physical

20 contact or sustained oral communication’’; and

21 (B) after the fourth sentence, by inserting

22 the following: ‘‘To the extent practicable, violent

23 juveniles shall be kept separate from nonviolent

24 juveniles.’’; and

25 (3) by adding at the end the following:
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1 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—

2 ‘‘(1) IN GENERAL.—Notwithstanding subsection

3 (a), a juvenile who is to be tried as an adult under

4 section 5032 shall be subject to detention in accord5 ance with chapter 207 in the same manner, to the

6 same extent, and subject to the same terms and condi7 tions as an adult would be subject to under that chap8 ter.

9 ‘‘(2) EXCEPTION.—A juvenile shall not be de10 tained or confined in any institution in which the ju11 venile has prohibited physical contact with adult in12 mates, or can engage in sustained oral communica13 tion. To the extent practicable, violent juveniles shall

14 be kept separate from nonviolent juveniles.’’.

15 SEC. 106. SPEEDY TRIAL.

16 Section 5036 of title 18, United States Code, is amend17 ed—

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

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

20 through the end of the section and inserting the fol21 lowing: ‘‘the court. The periods of exclusion under sec22 tion 3161(h) shall apply to this section. In determin23 ing whether an information should be dismissed with

24 or without prejudice, the court shall consider the seri25 ousness of the alleged act of juvenile delinquency, the
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1 facts and circumstances of the case that led to the dis2 missal, and the impact of a reprosecution on the ad3 ministration of justice.’’.

4 SEC. 107. DISPOSITIONAL HEARINGS.

5 Section 5037 of title 18, United States Code, is amend6 ed—

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

8 following:

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) DISPOSITIONAL HEARING.—In a proceeding

11 under section 5032(a)(3), if the court finds a juvenile

12 to be a juvenile delinquent, the court shall hold a

13 hearing concerning the appropriate disposition of the

14 juvenile not later than 40 court days after the finding

15 of juvenile delinquency, unless the court has ordered

16 further study pursuant to subsection (e). A pre17 disposition report shall be prepared by the probation

18 officer who shall promptly provide a copy to the juve19 nile, the juvenile’s counsel, and the attorney for the

20 Government. Victim impact information shall be in21 cluded in the report, and victims or, in appropriate

22 cases, their official representatives shall be provided

23 the opportunity to make a statement to the court in

24 person or present any information in relation to the

25 disposition.
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1 ‘‘(2) ACTIONS OF COURT AFTER HEARING.—After

2 the dispositional hearing, after considering any perti3 nent policy statements promulgated by the United

4 States Sentencing Commission pursuant to section

5 994 of title 28, and in conformance with the guide6 lines promulgated by the United States Sentencing

7 Commission pursuant to section 994(z)(1)(B) of title

8 28, the court—

9 ‘‘(A) shall place the juvenile on probation or

10 commit the juvenile to official detention (includ11 ing the possibility of a term of supervised re12 lease), and impose any fine that would be au13 thorized if the juvenile had been tried and con14 victed as an adult; and

15 ‘‘(B) may enter an order of restitution pur16 suant to section 3663.’’;

17 (2) in subsection (b)—

18 (A) in the matter preceding paragraph (1),

19 by inserting ‘‘or supervised release’’ after ‘‘proba20 tion’’;

21 (B) by striking ‘‘extend—’’ and all that fol22 lows through ‘‘The provisions’’ and inserting the

23 following: ‘‘extend, in the case of a juvenile, be24 yond the maximum term of probation that would

25 be authorized by section 3561, or beyond the
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1 maximum term of supervised release authorized

2 by section 3583, if the juvenile had been tried

3 and convicted as an adult. The provisions deal4 ing with supervised release set forth in section

5 3583 and the provisions’’; and

6 (C) in the last sentence, by inserting ‘‘or su7 pervised release’’ after ‘‘on probation’’; and

8 (3) in subsection (c), by striking ‘‘may not ex9 tend—’’ and all that follows through ‘‘Section 3624’’

10 and inserting the following: ‘‘may not extend beyond

11 the earlier of the 26th birthday of the juvenile or the

12 termination date of the maximum term of imprison13 ment, exclusive of any term of supervised release, that

14 would be authorized if the juvenile had been tried and

15 convicted as an adult. No juvenile sentenced to a term

16 of imprisonment shall be released from custody sim17 ply because the juvenile reaches the age of 18 years.

18 Section 3624’’.

19 SEC. 108. USE OF JUVENILE RECORDS.

20 Section 5038 of title 18, United States Code, is amend21 ed—

22 (1) in subsection (a)—

23 (A) in paragraph (3), by inserting ‘‘or

24 analysis requested by the Attorney General’’ be25 fore the semicolon;
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1 (B) in paragraph (5), by striking ‘‘and’’ at

2 the end;

3 (C) by striking paragraph (6) and inserting

4 the following:

5 ‘‘(6) communications with any victim of such ju6 venile delinquency or, in appropriate cases, with the

7 official representative of the victim in order to ap8 prise such victim or representative of the status or

9 disposition of the proceeding or in order to effectuate

10 any other provision of law or to assist in a victim’s,

11 or the victim’s official representative’s, allocution at

12 disposition; and

13 ‘‘(7) inquiries from any school or other edu14 cational institution for the purpose of ensuring the

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

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

17 following:

18 ‘‘(c) PROHIBITION ON RELEASE OF CERTAIN INFORMA19 TION.—Unless’’;

20 (2) by striking subsections (e) and (f);

21 (3) by redesignating subsections (b) and (c) as

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

23 (4) by inserting after subsection (a) the follow24 ing:
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1 ‘‘(b) ACCESS BY UNITED STATES ATTORNEY.—Not2 withstanding subsection (a), in determining the appro3 priate disposition of a juvenile matter under section 5032,

4 the United States Attorney of the appropriate jurisdiction

5 shall have complete access to the official records of the juve6 nile proceedings conducted under this title.’’;

7 (5) in subsection (e), as redesignated, by insert8 ing after ‘‘proceeding’’ the following: ‘‘, other than

9 necessary docketing information’’;

10 (6) by inserting after subsection (e), as redesig11 nated, the following:

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

13 any case in which a juvenile is tried as an adult, access

14 to the record of the offenses of the juvenile shall be made

15 available in the same manner as is applicable to adult de16 fendants.’’; and

17 (7) by striking ‘‘(d) Whenever’’ and all that fol18 lows through ‘‘adult defendants.’’ and inserting the

19 following:

20 ‘‘(g) FINGERPRINTS AND PHOTOGRAPHS.—

21 ‘‘(1) IN GENERAL.—In any case in which a juve22 nile is proceeded against in a district court of the

23 United States under section 5032, that juvenile shall

24 be fingerprinted and photographed.
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1 ‘‘(2) AVAILABILITY OF FINGERPRINTS AND PHO2 TOGRAPHS.—Fingerprints and photographs of a juve3 nile—

4 ‘‘(A) who is prosecuted as an adult, shall be

5 made available in the same manner as is appli6 cable to an adult defendant; and

7 ‘‘(B) who is not prosecuted as an adult,

8 shall be made available only as provided in sub9 section (a).

10 ‘‘(3) INFORMATION TO FEDERAL BUREAU OF IN11 VESTIGATION.—

12 ‘‘(A) IN GENERAL.—The court shall trans13 mit to the Federal Bureau of Information the in14 formation described in subparagraph (B), in any

15 case in which a juvenile proceeded against in a

16 district court of the United States under section

17 5032 is found guilty—

18 ‘‘(i) in the case of a juvenile not pros19 ecuted as an adult, of any offense that is a

20 crime of violence or an act that would be a

21 felony if committed by an adult; or

22 ‘‘(ii) in the case of a juvenile pros23 ecuted as an adult, of any offense.

24 ‘‘(B) INFORMATION.—The information de25 scribed in this subparagraph is—
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1 ‘‘(i) the information concerning an ad2 judication referred to in subparagraph (A),

3 including the name of the juvenile involved,

4 the date of the adjudication, the court, the

5 offense involved, and the sentence; and

6 ‘‘(ii) as appropriate, a notation as to

7 whether the matters covered in the informa8 tion under clause (i) involved a juvenile

9 tried as an adult or were juvenile adjudica10 tions.’’.

11 SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVE12 NILE OFFENDERS.

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

14 States Code, is amended to read as follows:

15 ‘‘§ 5039. Implementation of a sentence

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

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

18 delinquent or found guilty of an offense under any proceed19 ing in a district court of the United States under section

20 5032 shall be carried out in the same manner as for an

21 adult defendant.

22 ‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION, AND

23 SUPERVISED RELEASE.—Subject to subsection (d), the im24 plementation of a sentence of imprisonment is governed by

25 subchapter C of chapter 229 and, if the sentence includes
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1 a term of probation or supervised release, by subchapter A

2 of chapter 229.

3 ‘‘(c) SENTENCES OF FINES AND ORDERS OF RESTITU4 TION; SPECIAL ASSESSMENTS.—

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

6 order of restitution, or a special assessment under sec7 tion 3013 shall be implemented and collected in the

8 same manner as for an adult defendant.

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

10 custodian of a juvenile sentenced to pay a fine or or11 dered to pay restitution or a special assessment under

12 section 3013 may not be made liable for such pay13 ment by any court.

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

15 CONFINEMENT.—

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

17 incarceration, whether pursuant to an adjudication of

18 delinquency or conviction for an offense, to the cus19 tody of the Attorney General may, before the juvenile

20 attains the age of 18, be placed or retained in any

21 jail or correctional institution in which the juvenile

22 has prohibited physical contact with adult inmate or

23 can engage in sustained oral communication with

24 adult inmates. To the extent practicable, violent juve25 niles shall be kept separate from nonviolent juveniles.
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1 ‘‘(2) REQUIREMENTS.—Each juvenile who is

2 committed for incarceration shall be provided with—

3 ‘‘(A) adequate food, heat, light, sanitary fa4 cilities, bedding, clothing, and recreation; and

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

6 training, and medical care (including necessary

7 psychiatric, psychological, or other care or treat8 ment).

9 ‘‘(3) COMMITMENT TO FOSTER HOME OR COMMU10 NITY-BASED FACILITY.—Except in the case of a juve11 nile who is found guilty of a violent felony or who is

12 adjudicated delinquent for an offense that would be a

13 violent felony if the juvenile had been prosecuted as

14 an adult, the Attorney General shall commit a juve15 nile to a foster home or community-based facility lo16 cated in or near his home community if that commit17 ment is—

18 ‘‘(A) practicable;

19 ‘‘(B) in the best interest of the juvenile; and

20 ‘‘(C) consistent with the safety of the com21 munity.’’.

22 (b) CONFORMING AMENDMENT.—The analysis for

23 chapter 403 of title 18, United States Code, is amended by

24 striking the item relating to section 5039 and inserting the

25 following:

‘‘5039. Implementation of a sentence.’’.
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1 SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JU2 VENILE DEFENDANTS.

3 Section 3401(g) of title 18, United States Code, is

4 amended—

5 (1) in the second sentence, by inserting after

6 ‘‘magistrate judge may, in any’’ the following: ‘‘class

7 A misdemeanor or any’’; and

8 (2) in the third sentence, by striking ‘‘, except

9 that no’’ and all that follows before the period at the

10 end of the subsection.

11 SEC. 111. FEDERAL SENTENCING GUIDELINES.

12 (a) APPLICATION OF GUIDELINES TO CERTAIN JUVE13 NILE DEFENDANTS.—Section 994(h) of title 28, United

14 States Code, is amended by inserting ‘‘, or in which the

15 defendant is a juvenile who is tried as an adult,’’ after ‘‘old

16 or older’’.

17 (b) GUIDELINES FOR JUVENILE CASES.—

18 (1) IN GENERAL.—Section 994 of title 28, Unit19 ed States Code, is amended by adding at the end the

20 following:

21 ‘‘(z)(1) The Commission, not later than 1 year after

22 the date of enactment of the Violent and Repeat Juvenile

23 Offender Act of 1997, by affirmative vote of not less than

24 4 members of the Commission, and pursuant to its rules

25 and regulations and consistent with all pertinent provisions

26 of any Federal statute, shall promulgate and distribute to
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1 all courts of the United States and to the United States

2 Probation System—

3 ‘‘(A) guidelines, as described in this section, for

4 use by a sentencing court in determining the sentence

5 to be imposed in a criminal case if the defendant

6 committed the offense as a juvenile, and is tried as

7 an adult pursuant to section 5032 of title 18, United

8 States Code; and

9 ‘‘(B) guidelines, as described in this section, for

10 use by a court in determining the sentence to be im11 posed on a juvenile adjudicated delinquent pursuant

12 to section 5032 of title 18, United States Code, and

13 sentenced pursuant to a dispositional hearing under

14 section 5037 of title 18, United States Code.

15 ‘‘(2) In carrying out this subsection, the Commission

16 shall make the determinations required by subsection (a)(1)

17 and promulgate the policy statements and guidelines re18 quired by paragraphs (2) and (3) of subsection (a).

19 ‘‘(3) In addition to any other considerations required

20 by this section, the Commission, in promulgating guide21 lines—

22 ‘‘(A) pursuant to paragraph (1)(A), shall pre23 sume the appropriateness of adult sentencing provi24 sions, but may make such adjustments to sentence

25 lengths and to provisions governing downward depar-
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1 tures from the guidelines as reflect the specific inter2 ests and circumstances of juvenile defendants; and

3 ‘‘(B) pursuant to paragraph (1)(B), shall ensure

4 that the guidelines—

5 ‘‘(i) reflect the broad range of sentencing op6 tions available to the court under section 5037 of

7 title 18, United States Code; and

8 ‘‘(ii) effectuate a policy of an accountabil9 ity-based juvenile justice system that provides

10 substantial and appropriate sanctions, which are

11 graduated to reflect the severity or repeated na12 ture of violations, for each delinquent act, and

13 reflect the specific interests and circumstances of

14 juvenile defendants.

15 ‘‘(4) The review period specified by subsection (p) shall

16 apply to guidelines promulgated pursuant to this subsection

17 and any future amendments thereto.’’.

18 (2) TECHNICAL CORRECTION TO ASSURE COMPLI19 ANCE OF SENTENCING GUIDELINES WITH PROVISIONS

20 OF ALL FEDERAL STATUTES.—Section 994(a) of title

21 28, United States Code, is amended by striking ‘‘con22 sistent with all pertinent provisions of this title and

23 title 18, United States Code,’’ and inserting ‘‘consist24 ent with all pertinent provisions of any Federal stat25 ute’’.
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1 SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURIS2 DICTION.

3 Not later than 18 months after the date of enactment

4 of this Act, the Attorney General shall conduct a study of

5 the juvenile justice systems of Indian tribes (as that term

6 is defined in section 4(e) of the Indian Self-Determination

7 and Education Assistance Act (25 U.S.C. 450b(e))) and

8 shall report to the Chairman and Ranking Member of the

9 Committee on the Judiciary and the Committee on Indian

10 Affairs of the Senate and the Chairman and Ranking Mem11 ber of the Committee on the Judiciary of the House of Rep12 resentatives on—

13 (1) the extent to which tribal governments are

14 equipped to adjudicate felonies, misdemeanors, and

15 acts of delinquency committed by juveniles subject to

16 tribal jurisdiction; and

17 (2) the need for and benefits from expanding the

18 jurisdiction of tribal courts and the authority to im19 pose the same sentences that can be imposed by Fed20 eral or State courts on such juveniles.

21 TITLE II—JUVENILE GANGS

22 SEC. 201. SHORT TITLE.

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

24 Act’’.
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1 SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPA2 TION IN CRIME AS A GANG MEMBER.

3 (a) DEFINITION OF CRIMINAL GANG.—In this section,

4 the term ‘‘criminal gang’’ has the meaning given that term

5 in section 521(a) of title 18, United States Code, as amend6 ed by section 203 of this title.

7 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

10 the United States Sentencing Commission shall

11 amend the Federal Sentencing Guidelines to provide

12 an appropriate enhancement for any Federal offense

13 that is a predicate gang crime (as the term is defined

14 in section 521 of title 18, United States Code), if the

15 offense was both committed in connection with, or in

16 furtherance of, the activities of a criminal gang and

17 the defendant was a member of the criminal gang at

18 the time of the offense.

19 (2) FACTORS TO BE CONSIDERED.—In determin20 ing an appropriate enhancement under this section,

21 the United States Sentencing Commission shall give

22 great weight to the seriousness of the offense, the of23 fender’s relative position in the criminal gang, and

24 the risk of death or serious bodily injury to any per25 son posed by the offense.
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1 (c) CONSTRUCTION WITH OTHER GUIDELINES.—The

2 amendment made by subsection (b) shall provide that the

3 increase in the offense level shall be in addition to any other

4 adjustment under chapter 3 of the Federal Sentencing

5 Guidelines.

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

7 CRIMINAL GANGS.

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

9 States Code, is amended—

10 (1) in subsection (a)—

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

12 inserting the following:

13 ‘‘(a) DEFINITIONS.—In this section:’’; and

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

15 follows through the end of the subsection and in16 serting the following:

17 ‘‘(1) CRIMINAL GANG.—The term ‘criminal gang’

18 means an ongoing group, club, organization, or asso19 ciation of 5 or more persons, whether formal or infor20 mal—

21 ‘‘(A) that has as 1 of its primary activities

22 or purposes of the commission of 1 or more pred23 icate gang crimes; and

24 ‘‘(B) the activities of which affect interstate

25 or foreign commerce.
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1 ‘‘(2) PATTERN OF CRIMINAL GANG ACTIVITY.—

2 The term ‘pattern of criminal gang activity’ means

3 the commission of 2 or more predicate gang crimes

4 committed in connection with, or in furtherance of,

5 the activities of a criminal gang—

6 ‘‘(A) not less than 1 of which was commit7 ted after the date of enactment of the Federal

8 Gang Violence Act;

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

10 more than 5 years before the commission of an11 other predicate gang crime; and

12 ‘‘(C) that were committed on separate occa13 sions.

14 ‘‘(3) PREDICATE GANG CRIME.—The term ‘predi15 cate gang crime’ means an offense, including an act

16 of juvenile delinquency that, if committed by an

17 adult, would be an offense that is—

18 ‘‘(A) a Federal offense—

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

20 term is defined in section 16) for which the

21 maximum penalty is imprisonment for not

22 less than 10 years;

23 ‘‘(ii) that involves a controlled sub24 stance (as that term is defined in section

25 102 of the Controlled Substances Act (21
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1 U.S.C. 802)) for which the maximum pen2 alty is imprisonment for not less than 10

3 years;

4 ‘‘(iii) that is a violation of section 522

5 (relating to the recruitment of persons to

6 participate in criminal gang activity);

7 ‘‘(iv) that is a violation of section 844,

8 875, or 876 (relating to extortion and

9 threats), section 1084 (relating to gam10 bling), section 1955 (relating to gambling),

11 or chapter 73 (relating to obstruction of jus12 tice);

13 ‘‘(v) that is a violation of—

14 ‘‘(I) subsection (a)(1), (i), (j), (k),

15 (o), (q), (u), (v), or (x)(1) of section

16 922; or

17 ‘‘(II) subsection (b), (g), (h), (k),

18 (l), or (m) of section 924;

19 ‘‘(vi) that is a violation of section 1956

20 (relating to money laundering), to the ex21 tent that the violation of such section is re22 lated to a Federal or State offense involving

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

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

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

5 alien smuggling);

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

7 would constitute an offense under subparagraph

8 (A) if Federal jurisdiction existed or had been

9 exercised; or

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

11 to commit an offense described in subparagraph

12 (A) or (B).

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

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

15 any commonwealth, territory, or possession of the

16 United States.’’; and

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

18 inserting the following:

19 ‘‘(b) CRIMINAL PENALTIES.—Whoever engages in a

20 pattern of criminal gang activity—

21 ‘‘(1) shall be sentenced to—

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

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

24 in accordance with this title, or both; and
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1 ‘‘(B) the forfeiture prescribed in section 413

2 of the Controlled Substances Act (21 U.S.C. 853);

3 and

4 ‘‘(2) if any person engages in such activity after

5 1 or more prior convictions under this section have

6 become final, shall be sentenced to—

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

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

9 accordance with this title, or both; and

10 ‘‘(B) the forfeiture prescribed in section 412

11 of the Controlled Substances Act (21 U.S.C. 853).

12 ‘‘(c) CERTIFICATION.—A person may not be prosecuted

13 for an offense under this section unless the Attorney Gen14 eral, the Deputy Attorney General, or the Assistant Attor15 ney General for the Criminal Division personally certifies

16 (which certification shall not be subject to review in or by

17 any court) that, in the judgment of that official, the pros18 ecution of that person—

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

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

21 (b) CONFORMING AMENDMENT.—Section 3663(c)(4) of

22 title 18, United States Code, is amended by inserting before

23 ‘‘chapter 46’’ the following: ‘‘section 521 of this title,’’.
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1 SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANS2 PORTATION IN AID OF CRIMINAL GANGS.

3 (a) TRAVEL ACT AMENDMENTS.—

4 (1) PROHIBITED CONDUCT AND PENALTIES.—

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

6 amended to read as follows:

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

8 ‘‘(1) IN GENERAL.—Whoever—

9 ‘‘(A) travels in interstate or foreign com10 merce or uses the mail or any facility in inter11 state or foreign commerce, with intent to—

12 ‘‘(i) distribute the proceeds of any un13 lawful activity; or

14 ‘‘(ii) otherwise promote, manage, estab15 lish, carry on, or facilitate the promotion,

16 management, establishment, or carrying on,

17 of any unlawful activity; and

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

19 facility in interstate or foreign commerce de20 scribed in subparagraph (A), performs, attempts

21 to perform, or conspires to perform an act de22 scribed in clause (i) or (ii) of subparagraph (A);

23 shall be fined under this title, imprisoned not more

24 than 10 years, or both.

25 ‘‘(2) CRIMES OF VIOLENCE.—Whoever—
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1 ‘‘(A) travels in interstate or foreign com2 merce or uses the mail or any facility in inter3 state or foreign commerce, with intent to commit

4 any crime of violence to further any unlawful

5 activity; and

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

7 facility in interstate or foreign commerce de8 scribed in subparagraph (A), commits, attempts

9 to commit, or conspires to commit any crime of

10 violence to further any unlawful activity,

11 shall be fined under this title, imprisoned for not

12 more than 20 years, or both, and if death results shall

13 be sentenced to death or be imprisoned for any term

14 of years or for life.’’.

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

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

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

18 ‘‘(1) CONTROLLED SUBSTANCE.—The term ‘con19 trolled substance’ has the meaning given that term in

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

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

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

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

24 any commonwealth, territory, or possession of the

25 United States.
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1 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlawful

2 activity’ means—

3 ‘‘(A) pattern of gang activity (as that term

4 is defined in section 521);

5 ‘‘(B) any business enterprise involving gam6 bling, liquor on which the Federal excise tax has

7 not been paid, narcotics or controlled substances

8 (as that term is defined in section 102(6) of the

9 Controlled Substances Act (21 U.S.C. 802(a))),

10 or prostitution offenses in violation of the laws

11 of the State in which the offense is committed or

12 of the United States;

13 ‘‘(C) extortion, bribery, arson, burglary if

14 the offense involves property valued at not less

15 than $10,000, assault with a deadly weapon, as16 sault resulting in bodily injury, shooting at an

17 occupied dwelling or motor vehicle, or retaliation

18 against or intimidation of witnesses, victims, ju19 rors, or informants, in violation of the laws of

20 the State in which the offense is committed or of

21 the United States;

22 ‘‘(D) the use of bribery, force, intimidation,

23 or threat, directed against any person, to delay

24 or influence the testimony of or prevent from tes25 tifying a witness in a State criminal proceeding
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1 or by any such means to cause any person to

2 destroy, alter, or conceal a record, document, or

3 other object, with intent to impair the object’s in4 tegrity or availability for use in such a proceed5 ing; or

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

9 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

12 the United States Sentencing Commission shall

13 amend chapter 2 of the Federal Sentencing Guidelines

14 to provide an appropriate increase in the offense lev15 els for traveling in interstate or foreign commerce in

16 aid of unlawful activity.

17 (2) DEFINITION OF UNLAWFUL ACTIVITY.—In

18 this subsection, the term ‘‘unlawful activity’’ has the

19 meaning given that term in section 1952(b) of title

20 18, United States Code, as amended by this section.

21 (3) SENTENCING ENHANCEMENT FOR RECRUIT22 MENT ACROSS STATE LINES.—Pursuant to its author23 ity under section 994(p) of title 28, United States

24 Code, the United States Sentencing Commission shall

25 amend the Federal Sentencing Guidelines to provide
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1 an appropriate enhancement for a person who, in vio2 lating subsection (a), recruits, solicits, induces, com3 mands, or causes another person residing in another

4 State to be or to remain a member of a criminal

5 gang, or crosses a State line with the intent to re6 cruit, solicit, induce, command, or cause another per7 son to be or to remain a member of a criminal gang.

8 SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN

9 CRIMINAL GANG ACTIVITY.

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

11 States Code, is amended by adding at the end the following:

12 ‘‘§ 522. Recruitment of persons to participate in crimi13 nal gang activity

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

15 person to use any facility in, or travel in, interstate or for16 eign commerce, or cause another to do so, to recruit, solicit,

17 induce, command, or cause another person to be or to re18 main as a member of a criminal gang, or conspire to do

19 so.

20 ‘‘(b) PENALTIES.—Any person who violates subsection

21 (a) shall—

22 ‘‘(1) if the person recruited, solicited, induced,

23 commanded, or caused—

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

25 of not less than 4 years and not more than 10
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1 years, fined in accordance with this title, or

2 both; or

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

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

5 10 years, fined in accordance with this title, or

6 both; and

7 ‘‘(2) be liable for any costs incurred by the Fed8 eral Government or by any State or local government

9 for housing, maintaining, and treating the minor

10 until the minor attains the age of 18.

11 ‘‘(c) DEFINITIONS.—In this section:

12 ‘‘(1) CRIMINAL GANG.—The term ‘criminal gang’

13 has the meaning given the term in section 521.

14 ‘‘(2) MINOR.—The term ‘minor’ means a person

15 who is younger than 18 years of age.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 chapter 26 of title 18, United States Code, is amended by

18 adding at the end the following:

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

19 SEC. 206. CRIMES INVOLVING THE RECRUITMENT OF PER20 SONS TO PARTICIPATE IN CRIMINAL GANGS

21 AND FIREARMS OFFENSES AS RICO PREDI22 CATES.

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

24 amended—

25 (1) by striking ‘‘or’’ before ‘‘(F)’’; and
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1 (2) by inserting before the semicolon at the end

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

3 this title, or (H) an offense under section 924(a) inso4 far as such offense is a violation of subsection (a)(1),

5 (a)(4), (i), (j), (k), (o), (q), (u), (v), or (x)(1) of sec6 tion 922, or subsection (b), (g), (h), (k), (l), or (m)

7 of section 924 (relating to firearms violations), except

8 that with respect to an offense under section 922 or

9 924 described in subparagraph (H), that offense shall

10 be considered to be a racketeering activity only if that

11 offense is committed by a person who knowingly fur12 thers a Federal offense that is a serious violent felony

13 or a serious drug offense (as those terms are defined

14 in section 3559(c)(2))’’.

15 SEC. 207. PROHIBITIONS RELATING TO FIREARMS.

16 (a) YOUTH HANDGUN SAFETY.—Section 924(a)(6) of

17 title 18, United States Code, is amended—

18 (1) by striking subparagraph (A);

19 (2) by redesignating subparagraph (B) as sub20 paragraph (A);

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

22 (A) by striking ‘‘A person other than a juve23 nile who knowingly’’ and inserting ‘‘A person

24 who knowingly’’;
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1 (B) in clause (i), by striking ‘‘not more

2 than 1 year’’ and inserting ‘‘not more than 5

3 years’’; and

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

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

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

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

8 mandatory minimum sentence shall apply to a juve9 nile who is less than 14 years of age.’’.

10 (b) SERIOUS JUVENILE DRUG OFFENSES AS ARMED

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

12 title 18, United States Code, is amended—

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

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

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

16 ‘‘(iii) any act of juvenile delinquency that,

17 if committed by an adult, would be an offense

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

19 (c) TRANSFER OF FIREARMS TO MINORS FOR USE IN

20 CRIME.—Section 924(h) of title 18, United States Code, is

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

22 this title, or both’’ and inserting ‘‘10 years, and if the trans23 feree is a person who is under 18 years of age, imprisoned

24 for a term of not less than 3 years, fined in accordance

25 with this title, or both’’.
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1 SEC. 208. AMENDMENT OF SENTENCING GUIDELINES WITH

2 RESPECT TO BODY ARMOR.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘James Guelff Body Armor Act of 1997’’.

5 (b) DEFINITIONS.—In this section:

6 (1) BODY ARMOR.—The term ‘‘body armor’’

7 means any product sold or offered for sale as personal

8 protective body covering intended to protect against

9 gunfire, regardless of whether the product is to be

10 worn alone or is sold as a complement to another

11 product or garment.

12 (2) LAW ENFORCEMENT OFFICER.—The term

13 ‘‘law enforcement officer’’ means any officer, agent, or

14 employee of the United States, a State, or a political

15 subdivision of a State, authorized by law or by a gov16 ernment agency to engage in or supervise the preven17 tion, detection, investigation, or prosecution of any

18 violation of criminal law.

19 (c) SENTENCING ENHANCEMENT.—The United States

20 Sentencing Commission shall amend the Federal Sentenc21 ing Guidelines to provide an appropriate sentencing en22 hancement, increasing the offense level not less than 2 levels,

23 for any offense in which the defendant used body armor.

24 (d) APPLICABILITY.—No amendment made to the Fed25 eral Sentencing Guidelines pursuant to this section shall

26 apply if the Federal offense in which the body armor is
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1 used constitutes a violation of, attempted violation of, or

2 conspiracy to violate the civil rights of any person by a

3 law enforcement officer acting under color of the authority

4 of such law enforcement officer.

5 SEC. 209. PRISON COMMUNICATIONS.

6 (a) IN GENERAL.—Chapter 119 of title 18, United

7 States Code, is amended by adding at the end the following:

8 ‘‘§ 2523. Exemption for communications in jails and

9 prisons

10 ‘‘(a) IN GENERAL.—This chapter and chapter 121 do

11 not apply with respect to the interception by a law enforce12 ment officer, or a person acting on behalf of a law enforce13 ment officer, of any wire, oral, or electronic communication,

14 or the use of a pen register, a trap and trace device, or

15 a clone pager, if—

16 ‘‘(1) in the case of any wire, oral, or electronic

17 communication, at least 1 of the parties to the com18 munication is an inmate or detainee in the custody

19 of—

20 ‘‘(A) the Attorney General of the United

21 States; or

22 ‘‘(B) a State or political subdivision thereof;

23 or
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1 ‘‘(2) in the case of a pen register, a trap and

2 trace device, or a clone pager, the facility is regularly

3 used by an inmate or detainee in the custody of—

4 ‘‘(A) the Attorney General of the United

5 States; or

6 ‘‘(B) a State or political subdivision thereof.

7 ‘‘(b) REGULATIONS.—The Attorney General shall pro8 mulgate regulations governing interceptions described in

9 subsection (a) in order to protect—

10 ‘‘(1) communications that are privileged under

11 any privilege recognized by the Supreme Court of the

12 United States; and

13 ‘‘(2) the right to counsel guaranteed by the sixth

14 amendment to the Constitution of the United States.

15 ‘‘(c) DEFINITION OF STATE.—In this subsection, the

16 term ‘State’ means each of the several States of the United

17 States, the District of Columbia, and the territories, com18 monwealths, and possessions of the United States.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 119 of title 18, United States Code, is amended by

21 adding at the end the following:

‘‘2523. Exemption for communications in jails and prisons.’’.

22 SEC. 210. HIGH INTENSITY INTERSTATE GANG ACTIVITY

23 AREAS.

24 (a) DEFINITIONS.—In this section:
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1 (1) GOVERNOR.—The term ‘‘Governor’’ means a

2 Governor of a State or the Mayor of the District of

3 Columbia.

4 (2) HIGH INTENSITY INTERSTATE GANG ACTIVITY

5 AREA.—The term ‘‘high intensity interstate gang ac6 tivity area’’ means an area within a State that is

7 designated as a high intensity interstate gang activity

8 area under subsection (b)(1).

9 (3) STATE.—The term ‘‘State’’ means a State of

10 the United States or the District of Columbia.

11 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

12 AREAS.—

13 (1) DESIGNATION.—The Attorney General, upon

14 consultation with the Secretary of the Treasury and

15 the Governors of appropriate States, may designate as

16 a high intensity interstate gang activity area a speci17 fied area that is located—

18 (A) within a State; or

19 (B) in more than 1 State.

20 (2) ASSISTANCE.—In order to provide Federal

21 assistance to a high intensity interstate gang activity

22 area, the Attorney General may—

23 (A) facilitate the establishment of a regional

24 task force, consisting of Federal, State, and local

25 law enforcement authorities, for the coordinated
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1 investigation, disruption, apprehension, and

2 prosecution of criminal activities of gangs and

3 gang members in the high intensity interstate

4 gang activity area; and

5 (B) direct the detailing from any Federal

6 department or agency (subject to the approval of

7 the head of that department or agency, in the

8 case of a department or agency other than the

9 Department of Justice) of personnel to the high

10 intensity interstate gang activity area.

11 (3) CRITERIA FOR DESIGNATION.—In consider12 ing an area (within a State or within more than 1

13 State) for designation as a high intensity interstate

14 gang activity area, the Attorney General shall con15 sider—

16 (A) the extent to which gangs from the area

17 are involved in interstate or international crimi18 nal activity;

19 (B) the extent to which the area is affected

20 by the criminal activity of gang members who—

21 (i) are located in, or have relocated

22 from, other States; or

23 (ii) are located in, or have immigrated

24 (legally or illegally) from, foreign countries;
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1 (C) the extent to which the area is affected

2 by the criminal activity of gangs that originated

3 in other States or foreign countries;

4 (D) the extent to which State and local law

5 enforcement agencies have committed resources to

6 respond to the problem of criminal gang activity

7 in the area, as an indication of their determina8 tion to respond aggressively to the problem;

9 (E) the extent to which a significant in10 crease in the allocation of Federal resources

11 would enhance local response to gang-related

12 criminal activities in the area; and

13 (F) any other criteria that the Attorney

14 General considers to be appropriate.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—

16 (1) IN GENERAL.—There are authorized to be ap17 propriated $100,000,000 for each of fiscal years 1998

18 through 2002, to be used in accordance with para19 graph (2).

20 (2) USE OF FUNDS.—Of the amounts authorized

21 to be appropriated under paragraph (1)—

22 (A) 60 percent shall be used to carry out

23 subsection (b)(2); and

24 (B) 40 percent shall be used to make grants

25 for community-based programs to provide crime
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1 prevention and intervention services that are de2 signed for gang members and at-risk youth in

3 areas designated pursuant to this section as high

4 intensity interstate gang activity areas.

5 (3) REQUIREMENT.—

6 (A) IN GENERAL.—The Attorney General

7 shall ensure that not less than 10 percent of the

8 amounts authorized under paragraph (1) are

9 used to assist rural States affected as described

10 in subparagraphs (B) and (C) of subsection

11 (b)(3).

12 (B) DEFINITION OF RURAL STATE.—In this

13 paragraph, the term ‘‘rural State’’ has the mean14 ing given the term in section 1501(b) of title I

15 of the Omnibus Crime Control and Safe Streets

16 Act of 1968 (42 U.S.C. 3796bb(b)).

17 SEC. 211. INCREASED RICO PENALTIES FOR GANG AND VIO18 LENT CRIMES.

19 Section 1963(a) of title 18, United States Code, is

20 amended by striking ‘‘imprisoned not more than 20 years

21 (or for life if the violation is based on a racketeering activ22 ity for which the maximum penalty includes life imprison23 ment), or both,’’ and inserting ‘‘imprisoned not more than

24 the greater of 20 years or the statutory maximum term of

25 imprisonment (including life imprisonment) applicable to
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1 a racketeering activity on which the violation is based, or

2 both,’’.

3 SEC. 212. INCREASING THE PENALTY FOR USING PHYSICAL

4 FORCE TO TAMPER WITH WITNESSES, VIC5 TIMS, OR INFORMANTS.

6 Section 1512 of title 18, United States Code, is amend7 ed—

8 (1) in subsection (a)—

9 (A) in paragraph (1), by striking ‘‘as pro10 vided in paragraph (2)’’ and inserting ‘‘as pro11 vided in paragraph (3)’’;

12 (B) by redesignating paragraph (2) as

13 paragraph (3);

14 (C) by inserting after paragraph (1) the fol15 lowing:

16 ‘‘(2) Whoever uses physical force or the threat of

17 physical force against any person, or attempts to do

18 so, with intent to—

19 ‘‘(A) influence, delay, or prevent the testi20 mony of any person in an official proceeding;

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

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

23 record, document, or other object, from an

24 official proceeding;
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1 ‘‘(ii) alter, destroy, mutilate, or conceal

2 an object with intent to impair the object’s

3 integrity or availability for use in an offi4 cial proceeding;

5 ‘‘(iii) evade legal process summoning

6 that person to appear as a witness, or to

7 produce a record, document, or other object,

8 in an official proceeding; or

9 ‘‘(iv) be absent from an official pro10 ceeding to which such person has been sum11 moned by legal process; or

12 ‘‘(C) hinder, delay, or prevent the commu13 nication to a law enforcement officer or judge of

14 the United States of information relating to the

15 commission or possible commission of a Federal

16 offense or a violation of conditions of probation,

17 parole, or release pending judicial proceedings;

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

19 and

20 (D) by amending paragraph (3)(B), as re21 designated, to read as follows:

22 ‘‘(B) in the case of—

23 ‘‘(i) an attempt to murder; or

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

25 any person;
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1 imprisonment for not more than 20 years.’’;

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

3 force’’; and

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

5 ‘‘(j) Whoever conspires to commit any offense under

6 this section or section 1513 shall be subject to the same pen7 alties as those prescribed for the offense the commission of

8 which was the object of the conspiracy.’’.

9 SEC. 213. CLONE PAGERS.

10 (a) WIRE AND ELECTRONIC COMMUNICATIONS.—

11 (1) DEFINITIONS.—Section 2510(12) of title 18,

12 United States Code, is amended—

13 (A) in subparagraph (C), by striking ‘‘or’’

14 at the end;

15 (B) in subparagraph (D), by adding ‘‘or’’

16 at the end; and

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

18 ‘‘(E) any communication made through a

19 clone pager (as that term is defined in section

20 3127).’’.

21 (2) PROHIBITION.—Section 2511(2)(h) of title

22 18, United States Code, is amended by striking clause

23 (i) and inserting the following:

24 ‘‘(i) to use a pen register, a trap and trace de25 vice, or a clone pager (as those terms are defined for
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1 the purposes of chapter 206 (relating to pen registers,

2 trap and trace devices, and clone pagers)); or’’.

3 (b) AMENDMENT OF CHAPTER 206.—Chapter 206 of

4 title 18, United States Code, is amended—

5 (1) in the chapter heading, by striking ‘‘AND

6 TRAP AND TRACE DEVICES’’ and inserting ‘‘,

7 TRAP AND TRACE DEVICES, AND CLONE

8 PAGERS’’;

9 (2) in the chapter analysis—

10 (A) by striking ‘‘and trap and trace device’’

11 each place that term appears and inserting ‘‘,

12 trap and trace device, and clone pager’’;

13 (B) by striking ‘‘and trap and trace de14 vices’’ and inserting ‘‘, trap and trace devices,

15 and clone pagers’’; and

16 (C) by striking ‘‘or a trap and trace device’’

17 each place that term appears and inserting ‘‘, a

18 trap and trace device, or a clone pager’’;

19 (3) in section 3121—

20 (A) in the section heading, by striking

21 ‘‘and trap and trace device’’ and insert22 ing ‘‘, trap and trace device, and clone

23 pager’’; and
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1 (B) by striking ‘‘or a trap and trace device’’

2 each place that term appears and inserting ‘‘, a

3 trap and trace device, or a clone pager’’;

4 (4) in section 3122—

5 (A) in the section heading, by striking ‘‘or

6 a trap and trace device’’ and inserting ‘‘,

7 a trap and trace device, or a clone

8 pager’’; and

9 (B) by striking ‘‘or a trap and trace device’’

10 each place that term appears and inserting ‘‘, a

11 trap and trace device, or a clone pager’’;

12 (5) in section 3123—

13 (A) in the section heading, by striking ‘‘or

14 a trap and trace device’’ and inserting ‘‘,

15 a trap and trace device, or a clone

16 pager’’;

17 (B) by striking subsection (a) and inserting

18 the following:

19 ‘‘(a) IN GENERAL.—Upon an application made under

20 section 3122, the court shall enter an ex parte order author21 izing the installation and use of a pen register or a trap

22 and trace device within the jurisdiction of the court, or of

23 a clone pager for which the service provider is subject to

24 the jurisdiction of the court, if the court finds that the attor25 ney for the Government or the State law enforcement or
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1 investigative officer has certified to the court that the infor2 mation likely to be obtained by such installation and use

3 is relevant to an ongoing criminal investigation.’’;

4 (C) in subsection (b)(1)—

5 (i) in subparagraph (A), by inserting

6 before the semicolon the following: ‘‘, or, in

7 the case of a clone pager, the identity, if

8 known, of the person who is the subscriber

9 of the paging device, the communications to

10 which will be intercepted by the clone

11 pager’’;

12 (ii) in subparagraph (C), by inserting

13 before the semicolon the following: ‘‘, or, in

14 the case of a clone pager, the number of the

15 paging device, communications to which

16 will be intercepted by the clone pager’’; and

17 (iii) in paragraph (2), by striking ‘‘or

18 trap and trace device’’ and inserting ‘‘, trap

19 and trace device, or clone pager’’;

20 (D) in subsection (c), by striking ‘‘or a trap

21 and trace device’’ and inserting ‘‘, a trap and

22 trace device, or a clone pager’’; and

23 (E) in subsection (d)—

24 (i) in the subsection heading, by strik25 ing ‘‘OR A TRAP AND TRACE DEVICE’’ and
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1 inserting ‘‘, TRAP AND TRACE DEVICE, OR

2 CLONE PAGER’’; and

3 (ii) in paragraph (2), by inserting ‘‘or

4 the paging device, the communications to

5 which will be intercepted by the clone

6 pager,’’ after ‘‘attached,’’;

7 (6) in section 3124—

8 (A) in the section heading, by striking ‘‘or

9 a trap and trace device’’ and inserting ‘‘,

10 a trap and trace device, or a clone

11 pager’’;

12 (B) by redesignating subsections (c) through

13 (f) as subsections (d) through (g), respectively;

14 and

15 (C) by inserting after subsection (b) the fol16 lowing:

17 ‘‘(c) CLONE PAGER.—Upon the request of an attorney

18 for the Government or an officer of a law enforcement agen19 cy authorized to acquire and use a clone pager under this

20 chapter, a Federal court may order, in accordance with sec21 tion 3123(b)(2), a provider of a paging service or other per22 son, to furnish to such investigative or law enforcement offi23 cer, all information, facilities, and technical assistance nec24 essary to accomplish the operation and use of the clone

25 pager unobtrusively and with a minimum of interference
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1 with the services that the person so ordered by the court

2 accords the party with respect to whom the programming

3 and use is to take place.’’;

4 (7) in section 3125—

5 (A) in the section heading, by striking

6 ‘‘and trap and trace device’’ and insert7 ing ‘‘, trap and trace device, and clone

8 pager’’;

9 (B) in subsection (a), by striking ‘‘or a trap

10 and trace device’’ and inserting ‘‘, a trap and

11 trace device, or a clone pager’’; and

12 (C) by striking ‘‘or trap and trace device’’

13 each place that term appears and inserting ‘‘,

14 trap and trace device, or clone pager’’;

15 (8) in section 3126—

16 (A) in the section heading, by striking

17 ‘‘and trap and trace devices’’ and insert18 ing ‘‘, trap and trace devices, and clone

19 pagers’’; and

20 (B) by inserting ‘‘or clone pagers’’ after

21 ‘‘devices’’; and

22 (9) in section 3127—

23 (A) by redesignating paragraphs (5) and

24 (6) as paragraphs (6) and (7), respectively; and
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1 (B) by inserting after paragraph (4) the fol2 lowing:

3 ‘‘(5) the term ‘clone pager’ means a numeric dis4 play device that receives communications intended for

5 another numeric display paging device;’’.

6 TITLE III—JUVENILE CRIME

7 CONTROL AND ACCOUNTABILITY

8 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI9 TIONS.

10 Title I of the Juvenile Justice and Delinquency Pre11 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

12 to read as follows:

13 ‘‘TITLE I—FINDINGS AND

14 DECLARATION OF PURPOSE

15 ‘‘SEC. 101. FINDINGS.

16 ‘‘Congress makes the following findings:

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

18 States has experienced an alarming increase in ar19 rests of adolescents for murder, assault, and weapons

20 offenses.

21 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar22 rests for violent crimes, including murder, robbery,

23 aggravated assault, and rape, including 514 such ar24 rests per 100,000 juveniles 10 through 17 years of age.
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1 ‘‘(3) Understaffed and overcrowded juvenile

2 courts, prosecutorial and public defender offices, pro3 bation services, and correctional facilities no longer

4 adequately address the changing nature of juvenile

5 crime, protect the public, or correct youth offenders.

6 ‘‘(4) The juvenile justice system has proven inad7 equate to meet the needs of society, because insuffi8 cient sanctions are imposed on serious juvenile offend9 ers, and because the needs of children, who may be at

10 risk of becoming delinquents are not being met.

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

12 adequately responded to the particular threat that

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

14 youth of the Nation.

15 ‘‘(6) Projected demographic increases in the

16 number of youth offenders require reexamination of

17 current prosecution and incarceration policies for se18 rious violent youth offenders and crime prevention

19 policies.

20 ‘‘(7) State and local communities that experience

21 directly the devastating failures of the juvenile justice

22 system require assistance to deal comprehensively

23 with the problems of juvenile delinquency.

24 ‘‘(8) Existing Federal programs have not pro25 vided the States with necessary flexibility, nor have
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1 these programs provided the coordination, resources,

2 and leadership required to meet the crisis of youth vi3 olence.

4 ‘‘(9) Overlapping and uncoordinated Federal

5 programs have created a multitude of Federal funding

6 streams to State and local governments, that have be7 come a barrier to effective program coordination, re8 sponsive public safety initiatives, and the provision of

9 comprehensive services for children and youth.

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

11 growing threat to the national welfare that requires

12 an immediate and comprehensive governmental re13 sponse, combining flexibility and coordinated evalua14 tion.

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

16 being wasted complying with the unnecessary Federal

17 mandate that status offenders be deinstitutionalized.

18 Some communities believe that curfews are appro19 priate for juveniles, and those communities should not

20 be prohibited by the Federal Government from using

21 confinement for status offenses as a means of dealing

22 with delinquent behavior before it becomes criminal

23 conduct.

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

25 being wasted complying with the unnecessary Federal
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1 mandate that no juvenile be detained or confined in

2 any jail or lockup for adults, because it can be fea3 sible to separate adults and juveniles in 1 facility.

4 This mandate is particularly burdensome for rural

5 communities.

6 ‘‘(13) The role of the Federal Government should

7 be to encourage and empower communities to develop

8 and implement policies to protect adequately the pub9 lic from serious juvenile crime as well as comprehen10 sive programs to reduce risk factors and prevent juve11 nile delinquency.

12 ‘‘(14) A strong partnership among law enforce13 ment, local government, juvenile and family courts,

14 schools, businesses, philanthropic organizations, fami15 lies, and the religious community, can create a com16 munity environment that supports the youth of the

17 Nation in reaching their highest potential and re18 duces the destructive trend of juvenile crime.

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

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

21 ‘‘(1) protect the public and to hold juveniles ac22 countable for their acts;

23 ‘‘(2) empower States and communities to develop

24 and implement comprehensive programs that support
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1 families, reduce risk factors, and prevent serious

2 youth crime and juvenile delinquency;

3 ‘‘(3) provide for the thorough and ongoing eval4 uation of all federally funded programs addressing ju5 venile crime and delinquency;

6 ‘‘(4) provide technical assistance to public and

7 private nonprofit entities that protect public safety,

8 administer justice and corrections to delinquent

9 youth, or provide services to youth at risk of delin10 quency, and their families;

11 ‘‘(5) establish a centralized research effort on the

12 problems of youth crime and juvenile delinquency, in13 cluding the dissemination of the findings of such re14 search and all related data;

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

16 deal with the problems of runaway and homeless

17 youth;

18 ‘‘(7) assist State and local governments in im19 proving the administration of justice for juveniles;

20 ‘‘(8) assist the State and local governments in re21 ducing the level of youth violence;

22 ‘‘(9) assist State and local governments in pro23 moting public safety by supporting juvenile delin24 quency prevention and control activities;
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1 ‘‘(10) encourage and promote programs designed

2 to keep in school juvenile delinquents expelled or sus3 pended for disciplinary reasons;

4 ‘‘(11) assist State and local governments in pro5 moting public safety by encouraging accountability

6 through the imposition of meaningful sanctions for

7 acts of juvenile delinquency;

8 ‘‘(12) assist State and local governments in pro9 moting public safety by improving the extent, accu10 racy, availability and usefulness of juvenile court and

11 law enforcement records and the openness of the juve12 nile justice system;

13 ‘‘(13) assist State and local governments in pro14 moting public safety by encouraging the identification

15 of violent and hardcore juveniles and transferring

16 such juveniles out of the jurisdiction of the juvenile

17 justice system and into the jurisdiction of adult

18 criminal court;

19 ‘‘(14) assist State and local governments in pro20 moting public safety by providing resources to States

21 to build or expand juvenile detention facilities;

22 ‘‘(15) provide for the evaluation of federally as23 sisted juvenile crime control programs, and the train24 ing necessary for the establishment and operation of

25 such programs;
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1 ‘‘(16) ensure the dissemination of information

2 regarding juvenile crime control programs by provid3 ing a national clearinghouse; and

4 ‘‘(17) provide technical assistance to public and

5 private nonprofit juvenile justice and delinquency

6 prevention programs.

7 ‘‘(b) STATEMENT OF POLICY.—It is the policy of Con8 gress to provide resources, leadership, and coordination

9 to—

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

11 punish effectively violent juvenile offenders; and

12 ‘‘(2) improve the quality of juvenile justice in the

13 United States.

14 ‘‘SEC. 103. DEFINITIONS.

15 ‘‘In this Act:

16 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis17 trator’ means the Administrator of the Office of Juve18 nile Crime Control and Accountability.

19 ‘‘(2) ADULT INMATE.—The term ‘adult inmate’

20 means an individual 18 years of age or older arrested

21 and in custody for, awaiting trial on, or convicted of

22 criminal charges or an act of juvenile delinquency

23 committed while a juvenile.

24 ‘‘(3) CONSTRUCTION.—The term ‘construction’

25 means erection of new buildings or acquisition, ex-
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1 pansion, remodeling, and alteration of existing build2 ings, and initial equipment of any such buildings, or

3 any combination of such activities (including archi4 tects’ fees but not the cost of acquisition of land for

5 buildings).

6 ‘‘(4) SUSTAINED ORAL COMMUNICATION.—

7 ‘‘(A) IN GENERAL.—The term ‘sustained

8 oral communication’ means oral communication

9 that easily provides an opportunity for an adult

10 inmate orally to threaten a juvenile.

11 ‘‘(B) EXCLUSION.—The term does not in12 clude any communication that is indirect, inter13 mittent, or incidental, and that does not allow

14 an adult inmate easily to threaten a juvenile

15 orally.

16 ‘‘(5) FEDERAL JUVENILE CRIME CONTROL AND

17 JUVENILE OFFENDER ACCOUNTABILITY PROGRAM.—

18 The term ‘Federal juvenile crime control and juvenile

19 offender accountability program’ means any Federal

20 program a primary objective of which is the reduction

21 of the incidence of arrest, the commission of criminal

22 acts or acts of delinquency, violence, the use of alcohol

23 or illegal drugs, or involvement in gangs among juve24 niles.
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1 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’

2 means any Indian tribe, band, nation, or other orga3 nized group or community, including any Alaska Na4 tive village or regional or village corporation as de5 fined in or established pursuant to the Alaska Native

6 Claims Settlement Act (43 U.S.C. 1601 et seq.), that

7 is recognized as eligible for the special programs and

8 services provided by the United States to Indians be9 cause of their status as Indians.

10 ‘‘(7) JUVENILE POPULATION.—The term ‘juvenile

11 population’ means the population of a State under 18

12 years of age.

13 ‘‘(8) OFFICE.—The term ‘Office’ means the Office

14 of Juvenile Crime Control and Accountability estab15 lished under section 201.

16 ‘‘(9) OUTCOME OBJECTIVE.—The term ‘outcome

17 objective’ means an objective that relates to the impact

18 of a program or initiative, that measures the reduc19 tion of high risk behaviors, such as incidence of ar20 rest, the commission of criminal acts or acts of delin21 quency, failure in school, violence, the use of alcohol

22 or illegal drugs, involvement of youth gangs, and

23 teenage pregnancy, among youth in the community.

24 ‘‘(10) PROCESS OBJECTIVE.—The term ‘process

25 objective’ means an objective that relates to the man-
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1 ner in which a program or initiative is carried out,

2 including—

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

4 which the program or initiative is reaching the

5 target population; and

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

7 which the program or initiative addresses known

8 risk factors for youth problem behaviors and in9 corporates activities that inhibit the behaviors

10 and that build on protective factors for youth.

11 ‘‘(11) PROHIBITED PHYSICAL CONTACT.—

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

13 physical contact’ means direct physical contact

14 that provides an opportunity for an adult in15 mate physically to harm a juvenile, and includes

16 placing juveniles and adult inmates in the same

17 cell.

18 ‘‘(B) EXCLUSION.—The term does not in19 clude any contact that is indirect, intermittent,

20 or incidental, and that does not allow an adult

21 inmate physically to harm a juvenile.

22 ‘‘(12) STATE.—The term ‘State’ means any

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

24 the Commonwealth of Puerto Rico, the Trust Terri25 tory of the Pacific Islands, the Virgin Islands, Guam,
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1 American Samoa, and the Commonwealth of the

2 Northern Mariana Islands.

3 ‘‘(13) STATE OFFICE.—The term ‘State office’

4 means an office designated by the chief executive offi5 cer of a State to carry out this title, as provided in

6 section 507 of the Omnibus Crime Control and Safe

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

8 ‘‘(14) TREATMENT.—The term ‘treatment’ in9 cludes medical and other rehabilitative services de10 signed to protect the public, including any services

11 designed to benefit addicts and other users by—

12 ‘‘(A) eliminating their dependence on alco13 hol or other addictive or nonaddictive drugs; or

14 ‘‘(B) controlling or reducing their depend15 ence and susceptibility to addiction or use.

16 ‘‘(15) YOUTH.—The term ‘youth’ means an indi17 vidual who is not less than 6 years of age and not

18 more than 17 years of age.

19 ‘‘(16) UNIT OF LOCAL GOVERNMENT.—The term

20 ‘unit of local government’ means—

21 ‘‘(A) any city, county, township, town, bor22 ough, parish, village, or other general purpose

23 political subdivision of a State;

24 ‘‘(B) any law enforcement district or judi25 cial enforcement district that—
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1 ‘‘(i) is established under applicable

2 State law; and

3 ‘‘(ii) has the authority to, in a manner

4 independent of other State entities, establish

5 a budget and raise revenues;

6 ‘‘(C) an Indian tribe which performs law

7 enforcement functions, as determined by the Sec8 retary of the Interior; or

9 ‘‘(D) for the purposes of assistance eligi10 bility, any agency of the government of the Dis11 trict of Columbia or the Federal Government

12 that performs law enforcement functions in and

13 for—

14 ‘‘(i) the District of Columbia; or

15 ‘‘(ii) any Trust Territory of the United

16 States.’’.

17 SEC. 302. NATIONAL PROGRAM.

18 (a) OFFICE OF JUVENILE CRIME CONTROL AND AC19 COUNTABILITY.—Section 201 of the Juvenile Justice and

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

21 amended—

22 (1) in subsection (a), by striking ‘‘Office of Juve23 nile Justice and Delinquency Prevention’’ and insert24 ing ‘‘Office of Juvenile Crime Control and Account25 ability’’; and
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1 (2) by adding at the end the following:

2 ‘‘(d) DELEGATION AND ASSIGNMENT.—

3 ‘‘(1) IN GENERAL.—Except as otherwise ex4 pressly prohibited by law or otherwise provided by

5 this title, the Administrator may—

6 ‘‘(A) delegate any of the functions of the Ad7 ministrator, and any function transferred or

8 granted to the Administrator after the date of en9 actment of the Violent and Repeat Juvenile Of10 fender Act of 1997, to such officers and employ11 ees of the Office as the Administrator may des12 ignate; and

13 ‘‘(B) authorize successive redelegations of

14 such functions as may be necessary or appro15 priate.

16 ‘‘(2) RESPONSIBILITY.—No delegation of func17 tions by the Administrator under this subsection or

18 under any other provision of this title shall relieve the

19 Administrator of responsibility for the administration

20 of such functions.

21 ‘‘(e) REORGANIZATION.—The Administrator may allo22 cate or reallocate any function transferred among the offi23 cers of the Office, and establish, consolidate, alter, or dis24 continue such organizational entities in that Office as may

25 be necessary or appropriate.’’.
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1 (b) NATIONAL PROGRAM.—Section 204 of the Juvenile

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

3 5614) is amended to read as follows:

4 ‘‘SEC. 204. NATIONAL PROGRAM.

5 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL AND JUVE6 NILE OFFENDER ACCOUNTABILITY PLAN.—

7 ‘‘(1) IN GENERAL.—The Administrator shall de8 velop objectives, priorities, and short- and long-term

9 plans, and shall implement overall policy and a

10 strategy to carry out such plan, for all Federal juve11 nile crime control and juvenile offender accountability

12 programs and activities relating to improving juve13 nile crime control and the enhancement of account14 ability by offenders within the juvenile justice system

15 in the United States.

16 ‘‘(2) CONTENTS OF PLANS.—

17 ‘‘(A) IN GENERAL.—Each plan described in

18 paragraph (1) shall—

19 ‘‘(i) contain specific, measurable goals

20 and criteria for reducing the incidence of

21 crime and delinquency among juveniles, im22 proving juvenile crime control, and ensur23 ing accountability by offenders within the

24 juvenile justice system in the United States,

25 and shall include criteria for any discre-
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1 tionary grants and contracts, for conduct2 ing research, and for carrying out other ac3 tivities under this title;

4 ‘‘(ii) provide for coordinating the ad5 ministration of programs and activities

6 under this title with the administration of

7 all other Federal juvenile crime control and

8 juvenile offender accountability programs

9 and activities, including proposals for joint

10 funding to be coordinated by the Adminis11 trator;

12 ‘‘(iii) provide a detailed summary and

13 analysis of the most recent data available

14 regarding the number of juveniles taken into

15 custody, the rate at which juveniles are

16 taken into custody, the time served by juve17 niles in custody, and the trends dem18 onstrated by such data;

19 ‘‘(iv) provide a description of the ac20 tivities for which amounts are expended

21 under this title;

22 ‘‘(v) provide specific information relat23 ing to the attainment of goals set forth in

24 the plan, including specific, measurable

25 standards for assessing progress toward na-
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1 tional juvenile crime reduction and juvenile

2 offender accountability goals; and

3 ‘‘(vi) provide for the coordination of

4 Federal, State, and local initiatives for the

5 reduction of youth crime and ensuring ac6 countability for juvenile offenders.

7 ‘‘(B) SUMMARY AND ANALYSIS.—Each sum8 mary and analysis under subparagraph (A)(iii)

9 shall set out the information required by clauses

10 (i), (ii), and (iii) of this subparagraph sepa11 rately for juvenile nonoffenders, juvenile status

12 offenders, and other juvenile offenders. Such sum13 mary and analysis shall separately address with

14 respect to each category of juveniles specified in

15 the preceding sentence—

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

17 juveniles are charged;

18 ‘‘(ii) the ages of the juveniles;

19 ‘‘(iii) the types of facilities used to hold

20 the juveniles (including juveniles treated as

21 adults for purposes of prosecution) in cus22 tody, including secure detention facilities,

23 secure correctional facilities, jails, and lock24 ups;
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1 ‘‘(iv) the length of time served by juve2 niles in custody; and

3 ‘‘(v) the number of juveniles who died

4 or who suffered serious bodily injury while

5 in custody and the circumstances under

6 which each juvenile died or suffered such in7 jury.

8 ‘‘(C) DEFINITION OF SERIOUS BODILY IN9 JURY.—In this paragraph, the term ‘serious bod10 ily injury’ means bodily injury involving ex11 treme physical pain or the impairment of a

12 function of a bodily member, organ, or mental

13 faculty that requires medical intervention such

14 as surgery, hospitalization, or physical rehabili15 tation.

16 ‘‘(3) ANNUAL REVIEW.—The Administrator shall

17 annually—

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

19 subsection;

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

21 considers appropriate; and

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

23 present the plans to the Committees on the Judi24 ciary of the Senate and the House of Representa25 tives.
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1 ‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out

2 this title, the Administrator shall—

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

4 General as to all matters relating to federally assisted

5 juvenile crime control and juvenile offender account6 ability programs, and Federal policies regarding juve7 nile crime and justice, including policies relating to

8 juveniles prosecuted or adjudicated in the Federal

9 courts;

10 ‘‘(2) implement and coordinate Federal juvenile

11 crime control and juvenile offender accountability

12 programs and activities among Federal departments

13 and agencies and between such programs and activi14 ties and other Federal programs and activities that

15 the Administrator determines may have an important

16 bearing on the success of the entire national juvenile

17 crime control and juvenile offender accountability ef18 fort including, in consultation with the Director of

19 the Office of Management and Budget listing annu20 ally those programs to be considered Federal juvenile

21 crime control and juvenile accountability programs

22 for the following fiscal year;

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

24 pursuant to this title;
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1 ‘‘(4) collect, prepare, and disseminate useful data

2 regarding the prevention, correction, and control of

3 juvenile crime and delinquency, and issue, not less

4 frequently than once each calendar year, a report on

5 successful programs and juvenile crime reduction

6 methods utilized by States, localities, and private en7 tities;

8 ‘‘(5) ensure the performance of comprehensive

9 rigorous independent scientific evaluations, each of

10 which shall—

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

12 employ rigorous and scientifically valid stand13 ards and methodologies; and

14 ‘‘(B) include measures of outcome and proc15 ess objectives, such as reductions in juvenile

16 crime, youth gang activity, youth substance

17 abuse, and other high risk factors, as well as in18 creases in protective factors that reduce the like19 lihood of delinquency and criminal behavior;

20 ‘‘(6) involve consultation with appropriate au21 thorities in the States and with appropriate private

22 entities in the development, review, and revision of

23 the plans required by subsection (a) and in the devel24 opment of policies relating to juveniles prosecuted or

25 adjudicated in the Federal courts; and
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1 ‘‘(7) provide technical assistance to the States,

2 units of local government, and private entities in im3 plementing programs funded by grants under this

4 title.

5 ‘‘(c) NATIONAL JUVENILE CRIME CONTROL AND JUVE6 NILE OFFENDER ACCOUNTABILITY BUDGET.—

7 ‘‘(1) IN GENERAL.—The Administrator, through

8 the Attorney General shall—

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

10 advice of the program managers of departments

11 and agencies with responsibilities for any Fed12 eral juvenile crime control or juvenile offender

13 accountability program, a consolidated National

14 Juvenile Crime Control and Juvenile Offender

15 Accountability Plan budget proposal to imple16 ment the National Juvenile Crime Control and

17 Juvenile Offender Accountability Plan; and

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

19 President and to Congress.

20 ‘‘(2) SUBMISSION OF JUVENILE OFFENDER AC21 COUNTABILITY BUDGET REQUEST.—

22 ‘‘(A) IN GENERAL.—Each Federal Govern23 ment program manager, agency head, and de24 partment head with responsibility for any Fed25 eral juvenile crime control or juvenile offender
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1 accountability program shall, through the Attor2 ney General, submit the juvenile crime control

3 and juvenile offender accountability budget re4 quest of the program, agency, or department to

5 the Administrator at the same time as such re6 quest is submitted to their superiors (and before

7 submission to the Office of Management and

8 Budget) in the preparation of the budget of the

9 President submitted to Congress under section

10 1105(a) of title 31, United States Code.

11 ‘‘(B) TIMELY DEVELOPMENT AND SUBMIS12 SION.—The head of each department or agency

13 with responsibility for a Federal juvenile crime

14 control or juvenile offender accountability pro15 gram shall ensure timely development and sub16 mission to the Administrator of juvenile crime

17 control and juvenile offender accountability

18 budget requests transmitted pursuant to this sub19 section, in such format as may be designated by

20 the Administrator with the concurrence of the

21 Administrator of the Office of Management and

22 Budget.

23 ‘‘(3) REVIEW AND CERTIFICATION.—The Admin24 istrator shall—
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1 ‘‘(A) review each juvenile crime control and

2 juvenile offender accountability budget request

3 transmitted to the Administrator under para4 graph (2);

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

6 of such request in whole or in part to implement

7 the objectives of the National Juvenile Crime

8 Control and Juvenile Offender Accountability

9 Plan for the year for which the request is sub10 mitted and, with respect to a request that is not

11 certified as adequate to implement the objectives

12 of the National Juvenile Crime Control and Ju13 venile Offender Accountability Plan, include in

14 the certification an initiative or funding level

15 that would make the request adequate; and

16 ‘‘(C) notify the program manager, agency

17 head, or department head, as applicable, regard18 ing the certification of the Administrator under

19 subparagraph (B).

20 ‘‘(4) RECORDKEEPING REQUIREMENT.—The Ad21 ministrator shall maintain records regarding certifi22 cations under paragraph (3)(B).

23 ‘‘(5) FUNDING REQUESTS.—The Administrator,

24 through the Attorney General, shall request the head

25 of a department or agency to include in the budget
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1 submission of the department or agency to the Office

2 of Management and Budget, funding requests for spe3 cific initiatives that are consistent with the priorities

4 of the President for the National Juvenile Crime Con5 trol and Juvenile Offender Accountability Plan and

6 certifications made pursuant to paragraph (3), and

7 the head of the department or agency shall comply

8 with such a request.

9 ‘‘(6) REPROGRAMMING AND TRANSFER RE10 QUESTS.—

11 ‘‘(A) IN GENERAL.—No department or agen12 cy with responsibility for a Federal juvenile

13 crime control or juvenile offender accountability

14 program for which primary implementing au15 thority lies outside the Department of Justice

16 shall submit to Congress a reprogramming or

17 transfer request with respect to any amount of

18 appropriated amounts greater than $5,000,000

19 that is included in the National Juvenile Crime

20 Control and Juvenile Offender Accountability

21 Plan budget unless such request is first submitted

22 to the Administrator through the Attorney Gen23 eral and such request has been approved by the

24 Administrator.
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1 ‘‘(B) APPEAL TO PRESIDENT.—The head of

2 any department or agency with responsibility for

3 a Federal juvenile crime control or juvenile of4 fender accountability program for which pri5 mary implementing authority lies outside the

6 Department of Justice may appeal to the Presi7 dent any disapproval by the Administrator of a

8 reprogramming or transfer request.

9 ‘‘(7) QUARTERLY REPORTS.—The Administrator

10 shall report to Congress on a quarterly basis regard11 ing the need for any reprogramming or transfer of

12 appropriated amounts for National Juvenile Crime

13 Control and Juvenile Offender Accountability Plan

14 activities.

15 ‘‘(8) EXERCISE OF AUTHORITY.—In carrying out

16 the duties under this subsection, the Administrator

17 may exercise, through the Attorney General, authority

18 over those departments, agencies, offices, bureaus, and

19 other components of the Federal Government with re20 sponsibility for a juvenile crime control or juvenile of21 fender accountability program, with respect to such

22 program.

23 ‘‘(d) INFORMATION, REPORTS, STUDIES, AND SURVEYS

24 FROM OTHER AGENCIES.—The Administrator may require,

25 through appropriate authority, Federal departments and
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1 agencies engaged in any activity involving any Federal ju2 venile crime control and juvenile offender accountability

3 program to provide the Administrator with such informa4 tion and reports, and to conduct such studies and surveys,

5 as the Administrator determines to be necessary to carry

6 out the purposes of this title.

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

8 OTHER AGENCIES; REIMBURSEMENT.—The Administrator

9 may utilize the services and facilities of any agency of the

10 Federal Government and of any other public agency or in11 stitution in accordance with appropriate agreements, and

12 to pay for such services either in advance or by way of reim13 bursement as may be agreed upon.

14 ‘‘(f) COORDINATION OF FUNCTIONS OF ADMINIS15 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV16 ICES.—All functions of the Administrator shall be coordi17 nated as appropriate with the functions of the Secretary

18 of Health and Human Services under title III.

19 ‘‘(g) ANNUAL JUVENILE DELINQUENCY DEVELOPMENT

20 STATEMENTS.—

21 ‘‘(1) IN GENERAL.—The Administrator shall re22 quire through appropriate authority each Federal

23 agency that administers a Federal juvenile crime con24 trol and juvenile offender accountability program to

25 submit annually to the Office a juvenile crime control
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1 and juvenile offender accountability development

2 statement. Such statement shall be in addition to any

3 information, report, study, or survey that the Admin4 istrator may require under subsection (d).

5 ‘‘(2) CONTENTS.—Each development statement

6 submitted to the Administrator under paragraph (1)

7 shall contain such information, data, and analyses as

8 the Administrator may require. Such analyses shall

9 include an analysis of the extent to which the pro10 gram of the Federal agency submitting such develop11 ment statement conforms with and furthers Federal

12 juvenile crime control and juvenile offender account13 ability prevention and treatment goals and policies.

14 ‘‘(3) REVIEW AND COMMENT.—

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

16 shall review and comment upon each juvenile

17 crime control and juvenile offender accountabil18 ity development statement transmitted to the Ad19 ministrator under paragraph (1).

20 ‘‘(B) INCLUSION IN OTHER DOCUMENTA21 TION.—Such development statement, together

22 with the comments of the Administrator, shall be

23 included by the Federal agency involved in every

24 recommendation or request made by such agency

25 for Federal legislation that significantly affects
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1 juvenile crime control and juvenile offender ac2 countability.

3 ‘‘(h) JOINT FUNDING.—Notwithstanding any other

4 provision of law, if funds are made available by more than

5 one Federal agency to be used by any agency, organization,

6 institution, or individual to carry out a Federal juvenile

7 delinquency program or activity, any one of the Federal

8 agencies providing funds may be requested by the Adminis9 trator to act for all in administering the funds advanced

10 whenever the Administrator finds the program or activity

11 to be exceptionally effective or for which the Administrator

12 finds exceptional need. In such cases, a single non-Federal

13 share requirement may be established according to the pro14 portion of funds advanced by each Federal agency, and the

15 Administrator may order any such agency to waive any

16 technical grant or contract requirement (as defined in those

17 regulations) which is inconsistent with the similar require18 ment of the administering agency or which the administer19 ing agency does not impose.’’.

20 SEC. 303. JUVENILE CRIME CONTROL AND JUVENILE OF21 FENDER ACCOUNTABILITY INCENTIVE BLOCK

22 GRANTS.

23 (a) IN GENERAL.—Section 205 of the Juvenile Justice

24 and Delinquency Prevention Act of 1974 (42 U.S.C. 5615)

25 is amended to read as follows:
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1 ‘‘SEC. 205. JUVENILE CRIME CONTROL AND JUVENILE OF2 FENDER ACCOUNTABILITY INCENTIVE BLOCK

3 GRANTS.

4 ‘‘(a) IN GENERAL.—The Administrator shall make,

5 subject to the availability of appropriations, grants to

6 States to assist them in planning, establishing, operating,

7 coordinating, and evaluating projects, directly or through

8 grants and contracts with public and private agencies, for

9 the development of more effective investigation, prosecution,

10 and punishment (including the imposition of graduated

11 sanctions) of crimes or acts of delinquency committed by

12 juveniles, programs to improve the administration of justice

13 for and ensure accountability by juvenile offenders, and

14 programs to reduce the risk factors (such as truancy, drug

15 or alcohol use, and gang involvement) associated with juve16 nile crime or delinquency.

17 ‘‘(b) USE OF GRANTS.—Grants under this title may

18 be used—

19 ‘‘(1) for programs to enhance the identification,

20 investigation, prosecution, and punishment of juvenile

21 offenders, such as—

22 ‘‘(A) the utilization of graduated sanctions;

23 ‘‘(B) the utilization of short-term confine24 ment of juvenile offenders;

25 ‘‘(C) the incarceration of violent juvenile of26 fenders for extended periods of time; and
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1 ‘‘(D) the hiring of juvenile prosecutors, juve2 nile public defenders, juvenile judges, juvenile

3 probation officers, and juvenile correctional offi4 cers to implement policies to control juvenile

5 crime and ensure accountability of juvenile of6 fenders;

7 ‘‘(2) for programs that require juvenile offenders

8 to make restitution to the victims of offenses commit9 ted by those juvenile offenders;

10 ‘‘(3) for programs that require juvenile offenders

11 to attend and successfully complete school or voca12 tional training as part of a sentence imposed by a

13 court;

14 ‘‘(4) for programs that require juvenile offenders

15 who are parents to demonstrate parental responsibil16 ity by working and paying child support;

17 ‘‘(5) for programs that seek to curb or punish

18 truancy;

19 ‘‘(6) for programs designed to collect, record, re20 tain, and disseminate information useful in the iden21 tification, prosecution, and sentencing of juvenile of22 fenders, such as criminal history information, finger23 prints, DNA tests, and ballistics tests;

24 ‘‘(7) for juvenile crime control and prevention

25 programs (such as nighttime curfews, youth organiza-
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1 tions, antidrug programs, drug testing of offenders,

2 antigang programs, and after school activities) that

3 include a rigorous, comprehensive evaluation compo4 nent that measures the decrease in risk factors associ5 ated with the juvenile crime and delinquency and em6 ploys scientifically valid standards and methodolo7 gies;

8 ‘‘(8) for the development and implementation of

9 coordinated multijurisdictional or multiagency pro10 grams for the identification, control, supervision, pre11 vention, investigation, and treatment of the most seri12 ous juvenile offenses and offenders, popularly known

13 as a ‘SHOCAP Program’ (Serious Habitual Offenders

14 Comprehensive Action Program);

15 ‘‘(9) for the development and implementation of

16 coordinated multijurisdictional or multiagency pro17 grams for the identification, control, supervision, pre18 vention, investigation, and disruption of youth gangs;

19 ‘‘(10) for the construction or remodeling of short20 and long-term facilities for juvenile offenders;

21 ‘‘(11) for the development and implementation of

22 training programs for juvenile crime control, for law

23 enforcement officers, judges, prosecutors, probation of24 ficers, and other court personnel who are employed by
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1 State and local governments, in furtherance of the

2 purposes identified in this section;

3 ‘‘(12) to provide literacy and job training to ju4 venile offenders;

5 ‘‘(13) to provide substance abuse treatment for

6 juvenile offenders who have a substance abuse prob7 lem;

8 ‘‘(14) for units of local government, nonprofit

9 community-based organizations, and colleges or uni10 versities to develop and implement juvenile crime and

11 delinquency prevention programs, on the condition

12 that the funds will not be used to supplant or dupli13 cate existing public or nonprofit programs, services,

14 or facilities, especially in rural areas; and

15 ‘‘(15) for programs to seek to target, curb, and

16 punish adults who knowingly and intentionally use a

17 juvenile during the commission or attempted commis18 sion of a crime, including programs that specifically

19 provide for additional punishments or sentence en20 hancements for adults who knowingly and inten21 tionally use a juvenile during the commission or at22 tempted commission of a crime.

23 ‘‘(c) REQUIREMENTS.—To be eligible to receive an in24 centive grant under this section, a State shall make reason-
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1 able efforts, as certified by the Governor, to ensure that, not

2 later than July 1, 2000—

3 ‘‘(1) juveniles age 14 and older may be pros4 ecuted under State law as adults, for an act that

5 would be a serious violent felony (as defined by State

6 law) if committed by an adult;

7 ‘‘(2) the State has established graduated sanc8 tions for juvenile offenders, including sanctions for

9 violations of terms of release;

10 ‘‘(3) the State, except in the case of a State for

11 any fiscal year through fiscal year 2002 that, for the

12 5 years preceding the Federal Bureau of Investiga13 tion’s Uniform Crime Reports for 1996, was among

14 the 5 percent of States with the lowest reported rate

15 per 100,000 persons age 10 to 17 arrested for a vio16 lent crime, as reported by the Office of Juvenile Jus17 tice and Delinquency Prevention, in its National Re18 ports on Juvenile Offenders and Victims—

19 ‘‘(A) requires that juveniles who are ar20 rested for, or charged with, a crime of violence

21 or an act that would be a felony if committed by

22 an adult, are fingerprinted and photographed,

23 and that the fingerprints, photographs, and no24 tation of the arrest of the juvenile are sent to the

25 Federal Bureau of Investigation;
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1 ‘‘(B) maintains a record relating to the ad2 judication or disposition that is—

3 ‘‘(i) equivalent to the record that would

4 be kept of an adult conviction for that of5 fense;

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

7 is equal to the period of time records are

8 kept for adult convictions;

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

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

12 school, school district, or postsecondary

13 school in which the individual who is the

14 subject of the juvenile record seeks, intends,

15 or is instructed to enroll, and that such offi16 cials are held liable to the same standards

17 and penalties that law enforcement and ju18 venile justice system employees are held lia19 ble to, under Federal and State law for

20 handling and disclosing such information;

21 ‘‘(v) made available to any court hav22 ing jurisdiction over such an individual, for

23 the purpose of allowing the court to consider

24 the entire juvenile history of the individual;

25 and
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1 ‘‘(vi) sent to the Federal Bureau of In2 vestigation;

3 ‘‘(4) the State will not detain or confine any ju4 venile who is alleged to be or determined to be delin5 quent—

6 ‘‘(A) in any institution in which the juve7 nile has prohibited physical contact with adult

8 inmates; or

9 ‘‘(B) for a period of more than 72 hours in

10 any institution in which an adult inmate and a

11 juvenile can engage in sustained oral commu12 nication;

13 ‘‘(5) the State has established local advisory

14 groups that represent units of local government, and

15 that—

16 ‘‘(A) are balanced and include participants

17 in every phase of juvenile crime control, includ18 ing the local prosecutor, a juvenile judge, a juve19 nile probation officer, a public defender, the sher20 iff, the chief of police, and a juvenile correctional

21 officer and other citizens, as appointed by the

22 chief juvenile judge of the unit of local govern23 ment; and

24 ‘‘(B) will conduct a thorough assessment of

25 the case processing in juvenile court from arrest
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1 to disposition and punishment and effectuate the

2 necessary changes to make the system more effi3 cient, to more effectively control juvenile crime,

4 and to ensure the accountability of juvenile of5 fenders;

6 ‘‘(6) the State has an established policy of drug

7 testing (including followup testing) juvenile offenders

8 upon their arrest for any offense within an appro9 priate category of offenses designated by the chief ex10 ecutive officer of the State; and

11 ‘‘(7) amounts made available under this part to

12 the States (or units of local government in the State)

13 will not be used to supplant State or local funds (or

14 in the case of Indian tribal governments, to supplant

15 amounts provided by the Bureau of Indian Affairs)

16 but shall be used to increase the amount of funds that

17 would in the absence of amounts received under this

18 part, be made available from a State or local source,

19 or in the case of Indian tribal governments, from

20 amounts provided by the Bureau of Indian Affairs.

21 ‘‘(d) VALIDITY OF CERTAIN JUDGMENTS.—Nothing in

22 this section shall require States, in order to qualify for

23 grants under this title, to modify laws concerning the status

24 of any adjudication of juvenile delinquency or judgment of
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1 conviction under the law of the State that entered the judg2 ment.

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

4 APPLICANTS.—

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

6 to the State—

7 ‘‘(A) not less than 35 percent shall be des8 ignated for programs pursuant to subparagraphs

9 (A), (B), and (C) of subsection (b)(1) and pursu10 ant to subsection (b)(10), except that if the State

11 approves a grant for purposes of construction or

12 remodeling of short- or long-term facilities, that

13 grant shall constitute not more than 50 percent

14 of the estimated construction or remodeling cost

15 and that no funds expended pursuant to this

16 paragraph may be used for the incarceration of

17 adult offenders and no funds expended pursuant

18 to this paragraph may be used for construction,

19 renovation, or expansion of facilities for adult of20 fenders, except that funds may be used to con21 struct juvenile facilities co-located with adult fa22 cilities, including separate buildings for juveniles

23 and separate juvenile wings, cells, or areas co-lo24 cated within an adult jail or lockup;
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1 ‘‘(B) not less than 10 percent shall be des2 ignated for the enhancement of juvenile record

3 collection and dissemination pursuant to sub4 section (b)(6) and subsection (c)(3);

5 ‘‘(C) not less than 15 percent shall be des6 ignated for drug testing upon arrest for any of7 fense within the category of offenses designated

8 pursuant to subsection (c)(6), and intensive su9 pervision thereafter pursuant to subsections

10 (b)(7) and (c)(6); and

11 ‘‘(D) not less than 75 percent shall be allo12 cated to units of local government within the

13 State, unless the provisions of this subparagraph

14 are waived at the discretion of the Administrator

15 with respect to any State in which the services

16 for delinquent or other youth are organized pri17 marily on a statewide basis.

18 ‘‘(2) ELIGIBLE APPLICANTS.—Entities eligible to

19 receive amounts distributed by the State office under

20 this title are—

21 ‘‘(A) units of local government;

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

23 ‘‘(C) State or local prosecutor’s offices;
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1 ‘‘(D) State or local courts responsible for the

2 administration of justice in cases involving juve3 nile offenders;

4 ‘‘(E) schools;

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

6 community groups active in crime prevention or

7 drug use prevention and treatment; or

8 ‘‘(G) any combination of the entities de9 scribed in subparagraphs (A) through (F).

10 ‘‘(f) APPLICATION TO STATE OFFICE.—

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

12 amounts from the State office, the applicant shall pre13 pare and submit to the State office an application in

14 written form that—

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

16 services for which the amount will be provided;

17 ‘‘(B) includes information indicating the

18 extent to which the activities and services achieve

19 the purposes of the title;

20 ‘‘(C) provides for the evaluation component

21 required by section 204(b)(2), which evaluation

22 shall be conducted by an independent entity;

23 ‘‘(D) with respect to construction funds,

24 provides an assessment of the need for detention

25 facilities in the relevant jurisdiction; and
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1 ‘‘(E) provides any other information that

2 the State office may require.

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

4 under this section, the State office should give prior5 ity to those applicants demonstrating coordination

6 with, consolidation of, or expansion of existing State

7 or local juvenile crime control and juvenile offender

8 accountability programs.

9 ‘‘(g) FUNDING PERIOD.—The State office may award

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

11 ‘‘(h) RENEWAL OF GRANTS.—The State office may

12 renew grants made under this title. After the initial grant

13 period, in determining whether to renew a grant to an en14 tity to carry out activities, the State office shall give sub15 stantial weight to the effectiveness of the activities in achiev16 ing reductions in crimes committed by juveniles and in im17 proving the administration of justice to juvenile offenders.’’.

18 (b) REPEALS; ADMINISTRATIVE PROVISIONS.—Title II

19 of the Juvenile Justice and Delinquency Prevention Act of

20 1974 (42 U.S.C. 5611 et seq.) is amended by striking sec21 tions 206 and 207 and inserting the following:

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

23 OF APPROPRIATIONS; GRANTS TO INDIAN

24 TRIBES.

25 ‘‘(a) ALLOCATION OF GRANT AMOUNTS.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

2 amounts made available under section 205 or part B

3 shall be allocated to the States as follows:

4 ‘‘(A) 0.75 percent shall be allocated to each

5 State.

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 remaining

10 funds described in this subparagraph as the juve11 nile population of such State bears to the juve12 nile population of all the States.

13 ‘‘(2) EXCEPTIONS.—

14 ‘‘(A) IN GENERAL.—The amount allocated

15 to the Virgin Islands of the United States,

16 Guam, American Samoa, the Trust Territory of

17 the Pacific Islands, and the Commonwealth of

18 the Northern Mariana Islands shall be not less

19 than $75,000 and not more than $100,000.

20 ‘‘(B) REDUCTIONS.—In the case of a State

21 which is exempt from the requirements of sec22 tions 205(c)(3), and that elects not to comply

23 with the requirements of such subparagraph,

24 such State’s allocation under this paragraph

25 shall be reduced by an amount equal to the
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1 amount which such State would be required to

2 designate under section 205(e)(1)(B), or by 10

3 percent, whichever is less.

4 ‘‘(3) REALLOCATION PROHIBITED.—Any

5 amounts appropriated but not allocated due to the in6 eligibility or nonparticipation of any State shall not

7 be reallocated, but shall revert to the Treasury at the

8 end of the fiscal year for which they were appro9 priated.

10 ‘‘(4) ADMINISTRATIVE COSTS.—A State, unit of

11 local government, or eligible unit that receives funds

12 under this part may not use more than 0.5 percent

13 of those funds to pay for administrative costs.

14 ‘‘(5) RELIGIOUS NONDISCRIMINATION.—

15 ‘‘(A) IN GENERAL.—The purpose of this

16 paragraph is to allow State and local govern17 ments to contract with religious organizations,

18 or to allow religious organizations to accept cer19 tificates, vouchers, or other forms of disbursement

20 under any program described in this title, on the

21 same basis as any other nongovernmental pro22 vider without impairing the religious character

23 of such organizations, and without diminishing

24 the religious freedom of beneficiaries of assistance

25 funded under such program.
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1 ‘‘(B) NONDISCRIMINATION AGAINST RELI2 GIOUS ORGANIZATIONS.—A State or local govern3 ment exercising its authority to distribute grants

4 to applicants under this title shall ensure that

5 religious organizations are eligible, on the same

6 basis as any other private organization, as con7 tractors to provide assistance, or to accept cer8 tificates, vouchers, or other forms of disburse9 ment, under any program described in this title,

10 so long as the programs are implemented consist11 ent with the Establishment Clause of the Con12 stitution. Except as provided in subparagraph

13 (J), neither the Federal Government nor a State

14 receiving funds under such programs shall dis15 criminate against an organization that is or

16 that applies to be a contractor to provide assist17 ance, or that is or that applies to be a contractor

18 to provide assistance, or that accepts certificates,

19 vouchers, or other forms of disbursement, on the

20 basis that the organization has a religious char21 acter.

22 ‘‘(C) RELIGIOUS CHARACTER AND FREE23 DOM.—

24 ‘‘(i) RELIGIOUS ORGANIZATIONS.—A

25 religious organization that participates in a
214

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1 program authorized by this title shall retain

2 its independence from Federal, State, and

3 local governments, including such organiza4 tion’s control over the definition, develop5 ment, practice, and expression of its reli6 gious beliefs.

7 ‘‘(ii) ADDITIONAL SAFEGUARDS.—Nei8 ther the Federal Government nor a State

9 shall require a religious organization to—

10 ‘‘(I) alter its form of internal gov11 ernance; or

12 ‘‘(II) remove religious art, icons,

13 scripture, or other symbols;

14 in order to be eligible to contract to provide

15 assistance, or to accept certificates, vouch16 ers, or other forms of disbursements, funded

17 under a program described in this title.

18 ‘‘(D) RIGHTS OF BENEFICIARIES OF ASSIST19 ANCE.—If a beneficiary has an objection to the

20 religious character of the organization or institu21 tion from which the beneficiary receives, or

22 would receive, assistance funded under any pro23 gram described in this title, the State in which

24 the individual resides shall provide such individ25 ual (if otherwise eligible for such assistance)
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1 within a reasonable period of time after the date

2 of such objection with assistance from an alter3 native provider.

4 ‘‘(E) EMPLOYMENT PRACTICES.—A reli5 gious organization’s exemption provided under

6 section 702 of the Civil Rights Act of 1964 (42

7 U.S.C. 2000e–1a) regarding employment prac8 tices shall not be affected by its participation in,

9 or receipt of funds from, programs described in

10 this title.

11 ‘‘(F) NONDISCRIMINATION AGAINST BENE12 FICIARIES.—Except as otherwise provided in

13 law, a religious organization shall not discrimi14 nate against an individual in regard to render15 ing assistance funded under any program de16 scribed in this title on the basis of religion, a re17 ligious belief, or refusal to actively participate in

18 a religious practice.

19 ‘‘(G) FISCAL ACCOUNTABILITY.—

20 ‘‘(i) IN GENERAL.—Subject to clause

21 (ii), any religious organization contracting

22 to provide assistance funded under any pro23 gram under this title shall be subject to the

24 same regulations as other contractors to ac25 count in accord with generally accepted au-
216

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1 diting principles for the use of such funds

2 provided under such programs.

3 ‘‘(ii) LIMITED AUDIT.—If such organi4 zation segregates Federal funds provided

5 under such programs into separate ac6 counts, then only the financial assistance

7 provided with such funds shall be subject to

8 audit.

9 ‘‘(H) COMPLIANCE.—Any party that seeks

10 to enforce its rights under this paragraph may

11 assert a civil action for injunctive relief exclu12 sively in an appropriate State court against the

13 entity or agency that allegedly commits such vio14 lation.

15 ‘‘(I) LIMITATIONS ON USE OF FUNDS FOR

16 CERTAIN PURPOSES.—No funds provided through

17 contracts entered into with institutions or orga18 nizations to provide services and administer pro19 grams under this title shall be expended for sec20 tarian worship, instruction, or proselytization.

21 ‘‘(J) PREEMPTION.—Nothing in this para22 graph shall be construed to preempt any provi23 sion of a State constitution or State statute that

24 prohibits or restricts the expenditure of State

25 funds in or by religious organizations.
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1 ‘‘(6) RESTRICTIONS ON THE USE OF AMOUNTS.—

2 ‘‘(A) EXPERIMENTATION ON INDIVIDUALS.—

3 ‘‘(i) IN GENERAL.—No amounts made

4 available to carry out this title may be used

5 for any biomedical or behavior control ex6 perimentation on individuals or any re7 search involving such experimentation.

8 ‘‘(ii) DEFINITION OF BEHAVIOR CON9 TROL.—In this subparagraph, the term ‘be10 havior control’—

11 ‘‘(I) means any experimentation

12 or research employing methods that—

13 ‘‘(aa) involve a substantial

14 risk of physical or psychological

15 harm to the individual subject;

16 and

17 ‘‘(bb) are intended to modify

18 or alter criminal and other anti19 social behavior, including aversive

20 conditioning therapy, drug ther21 apy, chemotherapy (except as part

22 of routine clinical care), physical

23 therapy of mental disorders,

24 electroconvulsive therapy, or phys25 ical punishment; and
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1 ‘‘(II) does not include a limited

2 class of programs generally recognized

3 as involving no such risk, including

4 methadone maintenance and certain

5 substance abuse treatment programs,

6 psychological counseling, parent train7 ing, behavior contracting, survival

8 skills training, restitution, or commu9 nity service, if safeguards are estab10 lished for the informed consent of sub11 jects (including parents or guardians

12 of minors).

13 ‘‘(B) PROHIBITION AGAINST PRIVATE AGEN14 CY USE OF AMOUNTS IN CONSTRUCTION.—No

15 amount made available to any private agency or

16 institution, or to any individual, under this title

17 (either directly or through a State office) may be

18 used for construction.

19 ‘‘(C) JOB TRAINING.—Except as provided in

20 section 222(a)(8)(B)(vi) or section 205(b)(12), no

21 amount made available under this title may be

22 used to carry out a youth employment program

23 to provide subsidized employment opportunities,

24 job training activities, or school-to-work activi25 ties for participants.
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1 ‘‘(D) LOBBYING.—

2 ‘‘(i) IN GENERAL.—Except as provided

3 in clause (ii), no amount made available

4 under this title to any public or private

5 agency, organization or institution, or to

6 any individual shall be used to pay for any

7 personal service, advertisement, telegram,

8 telephone communication, letter, printed or

9 written matter, or other device intended or

10 designed to influence a Member of Congress

11 or any other Federal, State, or local elected

12 official to favor or oppose any Act, bill, res13 olution, or other legislation, or any referen14 dum, initiative, constitutional amendment,

15 or any other procedure of Congress, any

16 State legislature, any local council, or any

17 similar governing body.

18 ‘‘(ii) EXCEPTION.—This subparagraph

19 does not preclude the use of amounts made

20 available under this title in connection with

21 communications to Federal, State, or local

22 elected officials, upon the request of such of23 ficials through proper official channels, per24 taining to authorization, appropriation, or
220

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1 oversight measures directly affecting the op2 eration of the program involved.

3 ‘‘(E) LEGAL ACTION.—No amounts made

4 available under this title to any public or pri5 vate agency, organization, institution, or to any

6 individual, shall be used in any way directly or

7 indirectly to file an action or otherwise take any

8 legal action against any Federal, State, or local

9 agency, institution, or employee.

10 ‘‘(7) PENALTIES.—

11 ‘‘(A) IN GENERAL.—If any amounts are

12 used for the purposes prohibited in either sub13 paragraph (D) or (E) of paragraph (6), or in

14 violation of paragraph (5)—

15 ‘‘(i) all funding for the agency, organi16 zation, institution, or individual at issue

17 shall be immediately discontinued; and

18 ‘‘(ii) the agency, organization, institu19 tion, or individual using amounts for the

20 purpose prohibited in subparagraph (D) or

21 (E) of paragraph (6), or in violation of

22 paragraph (5), shall be liable for reimburse23 ment of all amounts granted to the individ24 ual or entity for the fiscal year for which

25 the amounts were granted.
221

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1 ‘‘(B) LIABILITY FOR EXPENSES AND DAM2 AGES.—In relation to a violation of paragraph

3 (6)(E), the individual filing the lawsuit or re4 sponsible for taking the legal action against the

5 Federal, State, or local agency or institution, or

6 individual working for the Government, shall be

7 individually liable for all legal expenses and any

8 other expenses of the Government agency, institu9 tion, or individual working for the Government,

10 including damages assessed by the jury against

11 the Government agency, institution, or individ12 ual working for the Government, and any puni13 tive damages.

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

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

16 appropriated to carry out this title—

17 ‘‘(A) $700,000,000 for fiscal year 1998;

18 ‘‘(B) $700,000,000 for fiscal year 1999;

19 ‘‘(C) $700,000,000 for fiscal year 2000;

20 ‘‘(D) $700,000,000 for fiscal year 2001; and

21 ‘‘(E) $700,000,000 for fiscal year 2002.

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

23 amounts authorized to be appropriated under para24 graph (1) for each fiscal year—
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•S 10 RS

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

2 under section 205;

3 ‘‘(B) $50,000,000 shall be for programs

4 under section 290; and

5 ‘‘(C) $150,000,000 shall be for other pro6 grams under this title.

7 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS FOR

8 EVALUATION PROGRAMS.—There are authorized to be

9 appropriated for the National Institute for Juvenile

10 Justice and Delinquency Prevention for research,

11 demonstration, and evaluation, $50,000,000 for each

12 of fiscal years 1998, 1999, 2000, 2001, and 2002, of

13 which $20,000,000 shall be for evaluation research of

14 primary, secondary, and tertiary juvenile delinquency

15 programs.

16 ‘‘(4) SOURCE OF SUMS.—Sums authorized to be

17 appropriated pursuant to this subsection may be de18 rived from the Violent Crime Reduction Trust Fund.

19 ‘‘(5) SPECIAL GRANTS.—

20 ‘‘(A) INDIAN TRIBES.—

21 ‘‘(i) RESERVATION OF FUNDS.—Not22 withstanding any other provision of law,

23 from the amounts appropriated pursuant to

24 paragraph (1), for each fiscal year, the Ad25 ministrator shall reserve an amount equal
223

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1 to the amount to which all Indian tribes

2 that qualify for a grant under subsection

3 (d) would collectively be entitled, if such

4 tribes were collectively treated as a State to

5 carry out this paragraph.

6 ‘‘(ii) GRANTS TO INDIAN TRIBES.—

7 From the amounts reserved under clause (i),

8 the Administrator shall make grants to In9 dian tribes for programs pursuant to the

10 permissible purposes under section 205 and

11 part B.

12 ‘‘(iii) APPLICATIONS.—To be eligible to

13 receive a grant under this paragraph, an

14 Indian tribe shall submit to the Adminis15 trator an application in such form and con16 taining such information as the Adminis17 trator may by regulation require. The re18 quirements of paragraphs (2), (3), and (5)

19 of section 205(c) shall apply to grants

20 under this paragraph.

21 ‘‘(B) TECHNICAL ASSISTANCE.—From the

22 amounts appropriated pursuant to paragraph

23 (1), in each fiscal year the Administrator may

24 reserve 0.1 percent for the purpose of providing
224

•S 10 RS

1 technical assistance to recipients of grants under

2 this title.

3 ‘‘(6) ADMINISTRATION AND OPERATIONS.—There

4 are authorized to be appropriated for the administra5 tion and operation of the Office of Juvenile Crime

6 Control and Accountability such sums as may be nec7 essary for each of fiscal years 1998, 1999, 2000, and

8 2001.

9 ‘‘(7) AVAILABILITY OF FUNDS.—Amounts made

10 available pursuant to this subsection, and allocated

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

12 remain available until expended.

13 ‘‘(c) SYSTEM SUPPORT GRANTS.—Of amounts appro14 priated pursuant to part B, an amount not to exceed 10

15 percent of those amounts may be available for use by the

16 Administrator to provide—

17 ‘‘(1) training and technical assistance consistent

18 with the purposes authorized under sections 204, 205,

19 and 221;

20 ‘‘(2) direct grant awards and other support to

21 develop, test, and demonstrate new approaches to im22 proving the juvenile justice system and reducing and

23 abating delinquent behavior, juvenile crime, and

24 youth violence;
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1 ‘‘(3) for research and evaluation efforts to dis2 cover and test methods and practices to improve the

3 juvenile justice system and reduce and abate delin4 quent behavior, juvenile crime, and youth violence;

5 and

6 ‘‘(4) information, including information on best

7 practices, consistent with purposes authorized under

8 sections 204, 205, and 221.

9 ‘‘(d) GRANTS TO INDIAN TRIBES.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) PLANS.—As part of an application for

12 a grant under this subsection, an Indian tribe

13 shall submit a plan for conducting activities de14 scribed in section 205(b). The plan shall—

15 ‘‘(i) provide evidence that the Indian

16 tribe performs law enforcement functions

17 (as determined by the Secretary of the Inte18 rior);

19 ‘‘(ii) identify the juvenile justice and

20 delinquency problems and juvenile delin21 quency prevention needs to be addressed by

22 activities conducted by the Indian tribe in

23 the area under the jurisdiction of the In24 dian tribe with assistance provided by the

25 grant;
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1 ‘‘(iii) provide for fiscal control and ac2 counting procedures that—

3 ‘‘(I) are necessary to ensure the

4 prudent use, proper disbursement, and

5 accounting of funds received under this

6 subchapter; and

7 ‘‘(II) are consistent with the re8 quirements of paragraph (2); and

9 ‘‘(iv) contain such other information,

10 and be subject to such additional require11 ments, as the Administrator may reason12 ably prescribe to ensure the effectiveness of

13 the grant program under this subpart.

14 ‘‘(B) FACTORS FOR CONSIDERATION.—In

15 awarding grants under this section, the Admin16 istrator shall consider—

17 ‘‘(i) the resources that are available to

18 each applicant that will assist, and be co19 ordinated with, the overall juvenile justice

20 system of the Indian tribe; and

21 ‘‘(ii) for each Indian tribe that receives

22 assistance under such a grant—

23 ‘‘(I) the relative population of in24 dividuals under the age of 18; and
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1 ‘‘(II) who will be served by the as2 sistance provided by the grant.

3 ‘‘(C) GRANT AWARDS.—

4 ‘‘(i) IN GENERAL.—

5 ‘‘(I) COMPETITIVE AWARDS.—Ex6 cept as provided in clause (ii), the Ad7 ministrator shall annually award

8 grants under this section on a competi9 tive basis. The Administrator shall

10 enter into a grant agreement with each

11 grant recipient under this subsection

12 that specifies the terms and conditions

13 of the grant.

14 ‘‘(II) PERIOD OF GRANT.—The pe15 riod of a grant awarded under this

16 subsection shall be 1 year.

17 ‘‘(ii) EXCEPTION.—In any case in

18 which the Administrator determines that a

19 grant recipient under this section has per20 formed satisfactorily during the preceding

21 year in accordance with an applicable

22 grant agreement, the Administrator may—

23 ‘‘(I) waive the requirement that

24 the recipient be subject to the competi-
228

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1 tive award process described in clause

2 (i); and

3 ‘‘(II) renew the grant for an addi4 tional grant period (as specified in

5 clause (i)(II)).

6 ‘‘(iii) MODIFICATIONS OF PROC7 ESSES.—The Administrator may prescribe

8 requirements to provide for appropriate

9 modifications to the plan preparation and

10 application process specified in this section

11 for an application for a renewal grant

12 under this subsection.

13 ‘‘(2) REPORTING REQUIREMENT.—Each Indian

14 tribe that receives a grant under paragraph (1) is

15 subject to the fiscal accountability provisions of sec16 tion 5(f)(1) of the Indian Self-Determination and

17 Education Assistance Act (25 U.S.C. 450c(f)(1)), re18 lating to the submission of a single-agency audit re19 port required by chapter 75 of title 31, United States

20 Code.

21 ‘‘(3) MATCHING REQUIREMENT.—Funds appro22 priated by Congress for the activities of any agency

23 of an Indian tribal government or the Bureau of In24 dian Affairs performing law enforcement functions on

25 any Indian lands may be used to provide the non-
229

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1 Federal share of any program or project with a

2 matching requirement funded under this paragraph.

3 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this

4 subsection may be construed to affect in any manner

5 the jurisdiction of an Indian tribe with respect to

6 land or persons in Alaska.

7 ‘‘SEC. 207. ADMINISTRATIVE PROVISIONS.

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

9 shall be administered by the Administrator under the gen10 eral authority of the Attorney General.

11 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

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

13 812(a), 812(b), and 812(d) of the Omnibus Crime Control

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

15 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall

16 apply with respect to the administration of and compliance

17 with this Act, except that for purposes of this Act—

18 ‘‘(1) any reference to the Office of Justice Pro19 grams in such sections shall be considered to be a ref20 erence to the Assistant Attorney General who heads

21 the Office of Justice Programs; and

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

23 sections shall be considered to be a reference to this

24 Act.
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1 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME CON2 TROL PROVISIONS.—Sections 801(a), 801(c), and 806 of the

3 Omnibus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3711(a), 3711(c), and 3787) shall apply with respect

5 to the administration of and compliance with this Act, ex6 cept that, for purposes of this Act—

7 ‘‘(1) any reference to the Attorney General, the

8 Assistant Attorney General who heads the Office of

9 Justice Programs, the Director of the National Insti10 tute of Justice, the Director of the Bureau of Justice

11 Statistics, or the Director of the Bureau of Justice As12 sistance shall be considered to be a reference to the

13 Administrator;

14 ‘‘(2) any reference to the Office of Justice Pro15 grams, the Bureau of Justice Assistance, the National

16 Institute of Justice, or the Bureau of Justice Statis17 tics shall be considered to be a reference to the Office

18 of Juvenile Crime Control and Accountability; and

19 ‘‘(3) the term ‘this title’ as it appears in those

20 sections shall be considered to be a reference to this

21 Act.

22 ‘‘(d) RULES, REGULATIONS, AND PROCEDURES.—The

23 Administrator may, after appropriate consultation with

24 representatives of States and units of local government, es25 tablish such rules, regulations, and procedures as are nec-
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1 essary for the exercise of the functions of the Office and as

2 are consistent with the purpose of this Act.

3 ‘‘(e) WITHHOLDING.—The Administrator shall initiate

4 such proceedings as the Administrator determines to be ap5 propriate if the Administrator, after giving reasonable no6 tice and opportunity for hearing to a recipient of financial

7 assistance under this title, finds that—

8 ‘‘(1) the program or activity for which the grant

9 or contract involved was made has been so changed

10 that the program or activity no longer complies with

11 this title; or

12 ‘‘(2) in the operation of such program or activity

13 there is failure to comply substantially with any pro14 vision of this title.’’.

15 SEC. 304. STATE PLANS.

16 The Juvenile Justice and Delinquency Prevention Act

17 of 1974 (42 U.S.C. 5601 et seq.) is amended—

18 (1) in part B—

19 (A) in section 221, by striking ‘‘units of

20 general local government’’ each place that term

21 appears and inserting ‘‘units of local govern22 ment’’;

23 (B) in section 221(b)—

24 (i) in paragraph (1)—
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1 (I) by striking ‘‘section 223’’ and

2 inserting ‘‘section 222’’; and

3 (II) by striking ‘‘section 223(c)’’

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

5 (ii) in paragraph (2), by striking ‘‘sec6 tion 299(c)(1)’’ and inserting ‘‘section

7 222(a)(1)’’; and

8 (C) by striking sections 222 and 223 and

9 inserting the following:

10 ‘‘SEC. 222. STATE PLANS.

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

12 under this part, a State shall submit a plan, developed in

13 consultation with the State Advisory Group established by

14 the State under subsection (b)(2)(A), for carrying out its

15 purposes applicable to a 3-year period. The State shall sub16 mit annual performance reports to the Administrator, each

17 of which shall describe progress in implementing programs

18 contained in the original plan, and shall describe the status

19 of compliance with State plan requirements. In accordance

20 with regulations that the Administrator shall prescribe,

21 such plan shall—

22 ‘‘(1) designate a State agency as the sole agency

23 for supervising the preparation and administration of

24 the plan;
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1 ‘‘(2) contain satisfactory evidence that the State

2 agency designated in accordance with paragraph (1)

3 has or will have authority, by legislation if necessary,

4 to implement such plan in conformity with this part;

5 ‘‘(3) provide for the active consultation with and

6 participation of units of local government, or com7 binations thereof, in the development of a State plan

8 that adequately takes into account the needs and re9 quests of local governments, except that nothing in the

10 plan requirements, or any regulations promulgated to

11 carry out such requirements, shall be construed to

12 prohibit or impede the State from making grants to,

13 or entering into contracts with, local private agencies,

14 including religious organizations;

15 ‘‘(4) provide that the chief executive officer of the

16 unit of local government shall assign responsibility

17 for the preparation and administration of the unit of

18 local government’s part of a State plan, or for the su19 pervision of the preparation and administration of

20 the local government’s part of the State plan, to that

21 agency within the unit of local government’s structure

22 or to a regional planning agency (in this part re23 ferred to as the ‘local agency’) which can most effec24 tively carry out the purposes of this part and shall
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1 provide for supervision of the programs funded under

2 this part by that local agency;

3 ‘‘(5)(A) provide for—

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

5 (including the joining of gangs that commit

6 crimes) and juvenile justice and delinquency pre7 vention needs (including educational needs)

8 within the relevant jurisdiction (including any

9 geographical area in which an Indian tribe per10 forms law enforcement functions), a description

11 of the services to be provided, and a description

12 of performance goals and priorities, including a

13 specific statement of the manner in which pro14 grams are expected to meet the identified juvenile

15 crime problems (including the joining of gangs

16 that commit crimes) and juvenile justice and de17 linquency prevention needs (including edu18 cational needs) of the jurisdiction;

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

20 the programs relate to other similar State or

21 local programs that are intended to address the

22 same or similar problems; and

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

24 efforts, which shall coordinate all State juvenile

25 delinquency programs with respect to overall pol-
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1 icy and development of objectives and priorities

2 for all State juvenile delinquency programs and

3 activities, including provision for regular meet4 ings of State officials with responsibility in the

5 area of juvenile justice and delinquency preven6 tion;

7 ‘‘(B) contain—

8 ‘‘(i) an analysis of services for the preven9 tion and treatment of juvenile delinquency in

10 rural areas, including the need for such services,

11 the types of such services available in rural

12 areas, and geographically unique barriers to pro13 viding such services; and

14 ‘‘(ii) a plan for providing needed services

15 for the prevention and treatment of juvenile de16 linquency in rural areas; and

17 ‘‘(C) contain—

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

19 available to juveniles in the juvenile justice sys20 tem (including an assessment of the appropriate21 ness of the particular placements of juveniles in

22 order to receive such services) and of barriers to

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

2 health services to juveniles in the juvenile justice

3 system;

4 ‘‘(6) provide for the active consultation with and

5 participation of private agencies in the development

6 and execution of the State plan; and provide for co7 ordination and maximum utilization of existing juve8 nile delinquency programs and other related pro9 grams, such as education, special education, recre10 ation, health, and welfare within the State;

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

12 research, training, and evaluation capacity within

13 the State;

14 ‘‘(8) provide that, of the funds made available to

15 the State pursuant to grants under section 221,

16 whether expended directly by the State, by the unit of

17 local government, or by a combination thereof, or

18 through grants and contracts with public or private

19 nonprofit agencies—

20 ‘‘(A) not less than 40 percent shall be used

21 for programs that, in recognition of varying de22 grees of the seriousness of delinquent behavior

23 and the corresponding gradations in the re24 sponses of the juvenile justice system in response

25 to that behavior, are designed to—
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1 ‘‘(i) implement an accountability-based

2 juvenile justice system that provides sub3 stantial and appropriate sanctions, that are

4 graduated to reflect the severity or repeated

5 nature of violations, for each delinquent or

6 criminal act;

7 ‘‘(ii) encourage courts to develop and

8 implement a continuum of post-adjudica9 tion restraints that bridge the gap between

10 traditional probation and confinement in a

11 correctional setting (including expanded use

12 of probation, mediation, restitution, com13 munity service, treatment, home detention,

14 intensive supervision, electronic monitoring,

15 boot camps and similar programs, and se16 cure community-based treatment facilities

17 linked to other support services such as

18 health, mental health, education (remedial

19 and special), job training, and recreation);

20 and

21 ‘‘(iii) assist in the provision by the Ad22 ministrator of information and technical

23 assistance, including technology transfer, to

24 States in the design and utilization of risk

25 assessment mechanisms to aid juvenile jus-
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1 tice personnel in determining appropriate

2 sanctions for delinquent behavior; and

3 ‘‘(B) not less than 35 percent shall be used

4 for—

5 ‘‘(i) community-based alternatives (in6 cluding home-based alternatives) to incar7 ceration and institutionalization, specifi8 cally—

9 ‘‘(I) for youth who can remain at

10 home with assistance, home probation

11 and programs providing professional

12 supervised group activities or individ13 ualized mentoring relationships with

14 adults that involve the family and pro15 vide counseling and other supportive

16 services;

17 ‘‘(II) for youth who need tem18 porary placement, crisis intervention,

19 shelter, and after-care; and

20 ‘‘(III) for youth who need residen21 tial placement, a continuum of foster

22 care or group home alternatives that

23 provide access to a comprehensive

24 array of services;
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1 ‘‘(ii) community-based programs and

2 services to work with—

3 ‘‘(I) parents and other family

4 members to strengthen families, includ5 ing parent self-help groups, so that ju6 veniles may be retained in their homes;

7 ‘‘(II) juveniles during their incar8 ceration, and with their families, to

9 ensure the safe return of such juveniles

10 to their homes and to strengthen the

11 families; and

12 ‘‘(III) parents with limited-Eng13 lish speaking ability, particularly in

14 areas where there is a large population

15 of families with limited-English speak16 ing ability;

17 ‘‘(iii) comprehensive juvenile justice

18 and delinquency prevention programs that

19 meet the needs of youth through the collabo20 ration of the many local systems before

21 which a youth may appear, including

22 schools, courts, law enforcement agencies,

23 child protection agencies, mental health

24 agencies, welfare services, health care agen-
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1 cies, and private nonprofit agencies offering

2 youth services;

3 ‘‘(iv) expanded use of home probation

4 and recruitment and training of home pro5 bation officers, other professional and para6 professional personnel, and volunteers to

7 work effectively to allow youth to remain at

8 home with their families as an alternative

9 to incarceration or institutionalization;

10 ‘‘(v) youth-initiated outreach programs

11 designed to assist youth (including youth

12 with limited proficiency in English) who

13 otherwise would not be reached by tradi14 tional youth assistance programs;

15 ‘‘(vi) programs designed to develop and

16 implement projects relating to juvenile de17 linquency and learning disabilities, includ18 ing on-the-job training programs to assist

19 community services, law enforcement, and

20 juvenile justice personnel to more effectively

21 recognize and provide for learning disabled

22 and other handicapped youth;

23 ‘‘(vii) projects designed both to deter

24 involvement in illegal activities and to pro25 mote involvement in lawful activities on the
241

•S 10 RS

1 part of gangs whose membership is substan2 tially composed of youth;

3 ‘‘(viii) programs and projects designed

4 to provide for the treatment of youths’ de5 pendence on or abuse of alcohol or other ad6 dictive or nonaddictive drugs;

7 ‘‘(ix) programs designed to prevent and

8 reduce hate crimes committed by juveniles,

9 including educational programs and sen10 tencing programs designed specifically for

11 juveniles who commit hate crimes and that

12 provide alternatives to incarceration; and

13 ‘‘(x) programs (including referral to

14 literacy programs and social service pro15 grams) to assist families with limited-Eng16 lish speaking ability that include delinquent

17 juveniles to overcome language and cultural

18 barriers that may prevent the complete

19 treatment of such juveniles and the preser20 vation of their families;

21 ‘‘(9) provide that the State shall not detain or

22 confine juveniles who are alleged to be or determined

23 to be delinquent in any institution in which the juve24 nile has prohibited physical contact with adult in25 mates, or detain or confine any such juvenile for a
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•S 10 RS

1 period of more than 72 hours in any institution in

2 which an adult inmate and a juvenile can engage in

3 sustained oral communication;

4 ‘‘(10)(A) provide that juveniles described in sub5 paragraph (B)—

6 ‘‘(i) shall not be confined in any jail, lock7 up, or other facility for adults for more than 24

8 hours, excluding weekends and holidays; and

9 ‘‘(ii) shall not be placed in a secure deten10 tion facility or secure correctional facility—

11 ‘‘(I) if such a juvenile is a dependent,

12 abused, or neglected child, or an alien juve13 nile in custody;

14 ‘‘(II) except that juveniles who are

15 runaways may be placed in a secure deten16 tion or secure correctional facility for up to

17 14 days if, following a hearing not later

18 than 24 hours after such a juvenile is taken

19 into custody, excluding weekends and holi20 days, the court makes a written finding

21 that—

22 ‘‘(aa) the behavior of the juvenile

23 constitutes a clear and present danger

24 to the physical or emotional well-being

25 of the youth;
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1 ‘‘(bb) secure detention is necessary

2 for guarding the safety of the juvenile;

3 and

4 ‘‘(cc) the juvenile’s detention is for

5 a period that is not longer than nec6 essary to obtain a suitable placement

7 for the juvenile; and

8 ‘‘(III) except that juveniles not de9 scribed in subclause (I) or (II) may be

10 placed in a secure detention or secure cor11 rectional facility for up to 72 hours, if, fol12 lowing a hearing not later than 24 hours

13 after the juvenile is taken into custody, ex14 cluding weekends and holidays, the court

15 makes written findings setting forth—

16 ‘‘(aa) the reasons the court be17 lieves secure detention is necessary;

18 and

19 ‘‘(bb) the reasons the court believes

20 other sanctions, placement, or interven21 tions are inadequate; and

22 ‘‘(B) juveniles described in this subparagraph

23 are—
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•S 10 RS

1 ‘‘(i) juveniles charged with, or who have

2 committed, an offense that would not be criminal

3 if committed by an adult, excluding—

4 ‘‘(I) juveniles who are charged with, or

5 who have committed, a violation of section

6 922(x) of title 18, United States Code, or of

7 a similar State law; and

8 ‘‘(II) juveniles who are charged with,

9 or who have committed, a violation of a

10 valid court order; and

11 ‘‘(ii) juveniles—

12 ‘‘(I) who are not charged with any of13 fense; and

14 ‘‘(II) who are—

15 ‘‘(aa) aliens; or

16 ‘‘(bb) alleged to be dependent, ne17 glected, or abused;

18 ‘‘(11) provide assurances that youth in the juve19 nile justice system are treated equitably on the basis

20 of gender, race, family income, and mentally, emo21 tionally, or physically handicapping conditions;

22 ‘‘(12) provide assurances that consideration will

23 be given to and that assistance will be available for

24 approaches designed to strengthen the families of de25 linquent and other youth to prevent juvenile delin-
245

•S 10 RS

1 quency (which approaches should include the involve2 ment of grandparents or other extended family mem3 bers when possible and appropriate and the provision

4 of family counseling during the incarceration of juve5 nile family members and coordination of family serv6 ices when appropriate and feasible);

7 ‘‘(13) provide for procedures to be established for

8 protecting the rights of recipients of services and for

9 assuring appropriate privacy with regard to records

10 relating to such services provided to any individual

11 under the State plan;

12 ‘‘(14) provide for such fiscal control and fund ac13 counting procedures necessary to assure prudent use,

14 proper disbursement, and accurate accounting of

15 funds received under this title;

16 ‘‘(15) provide reasonable assurances that Federal

17 funds made available under this part for any period

18 shall be so used as to supplement and increase (but

19 not supplant) the level of the State, local, and other

20 non-Federal funds that would in the absence of such

21 Federal funds be made available for the programs de22 scribed in this part, and shall in no event replace

23 such State, local, and other non-Federal funds;

24 ‘‘(16) provide that the State agency designated

25 under paragraph (1) will, not less often than annu-
246

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1 ally, review its plan and submit to the Administrator

2 an analysis and evaluation of the effectiveness of the

3 programs and activities carried out under the plan,

4 and any modifications in the plan, including the sur5 vey of State and local needs, that the agency considers

6 necessary;

7 ‘‘(17) require that the State or each unit of local

8 government that is a recipient of amounts under this

9 part spends those amounts, to the extent feasible, in

10 proportion to the amount of juvenile crime committed

11 within each relevant sector of the relevant geographic

12 region;

13 ‘‘(18) provide assurances that any assistance

14 provided under this act will not cause the displace15 ment (including a partial displacement, such as a re16 duction in the hours of nonovertime work, wages, or

17 employment benefits) of any employee who is a cur18 rent employee at the time that the assistance is pro19 vided; and

20 ‘‘(19) require that the State or each unit of local

21 government that is a recipient of amounts under this

22 part require that any person convicted of a sexual act

23 or sexual contact involving any person not having at24 tained the age of 18 be tested for the presence of any

25 sexually transmitted disease and that the results of
247

•S 10 RS

1 such test be provided to the victim or to the family

2 of the victim as well as to any court or other govern3 ment agency with primary authority for sentencing

4 the person convicted for the commission of the sexual

5 act or sexual contact (as those terms are defined in

6 paragraphs (2) and (3), respectively, of section 2246

7 of title 18, United States Code) involving a person

8 not having attained the age of 18.

9 The failure to comply with paragraph (19) within a reason10 able amount of time after the date of enactment of the Vio11 lent and Repeat Juvenile Offender Act of 1997 shall result

12 in the loss of 10 percent of the funds to which the State

13 or each unit of local government that is a recipient of

14 amounts under this part is otherwise entitled.

15 ‘‘(b) APPROVAL BY STATE AGENCY.—

16 ‘‘(1) STATE AGENCY.—The State agency des17 ignated under subsection (a)(1) shall approve the

18 State plan and any modification thereof prior to sub19 mission of the plan to the Administrator.

20 ‘‘(2) STATE ADVISORY GROUP.—

21 ‘‘(A) ESTABLISHMENT.—The State advisory

22 group referred to in subsection (a) shall be

23 known as the ‘State Advisory Group’, consisting

24 of representatives from both the private and pub25 lic sector. The State shall ensure that members of
248

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1 the State Advisory Group shall have experience

2 in the area of juvenile delinquency prevention,

3 the prosecution of juvenile offenders, the treat4 ment of juvenile delinquency, the investigation of

5 juvenile crimes, or the administration of juvenile

6 justice programs. The chairperson of the State

7 Advisory Group shall not be a full-time employee

8 of the Federal Government or the State govern9 ment.

10 ‘‘(B) CONSULTATION.—

11 ‘‘(i) IN GENERAL.—The State shall

12 consult with the State Advisory Group es13 tablished under subparagraph (A) in devel14 oping and reviewing the State plan under

15 this section.

16 ‘‘(ii) AUTHORITY.—The State Advisory

17 Group shall report to the chief executive of18 ficer and the legislature of the State on an

19 annual basis regarding recommendations

20 related to the State’s compliance under this

21 section.

22 ‘‘(C) FUNDING.—The State is authorized to

23 make available to the State Advisory Group such

24 sums as may be necessary to assist the State Ad-
249

•S 10 RS

1 visory Group in adequately performing its duties

2 under this paragraph.

3 ‘‘(c) APPROVAL BY ADMINISTRATOR; COMPLIANCE

4 WITH STATUTORY REQUIREMENTS.—

5 ‘‘(1) IN GENERAL.—The Administrator shall ap6 prove any State plan and any modification thereof

7 that meets the requirements of this section.

8 ‘‘(2) REDUCED ALLOCATIONS.—If a State fails to

9 comply with any requirement of subsection (a)(9) in

10 any fiscal year beginning after January 1, 1998, the

11 State shall be ineligible to receive any allocation

12 under that section for such fiscal year unless—

13 ‘‘(A) the State agrees to expend all the re14 maining funds the State receives under this part

15 for that fiscal year only to achieve compliance

16 with such paragraph; or

17 ‘‘(B) the Administrator determines, in the

18 discretion of the Administrator, that the State—

19 ‘‘(i) has achieved substantial compli20 ance with such paragraph; and

21 ‘‘(ii) has made, through appropriate

22 executive or legislative action, an unequivo23 cal commitment to achieving full compli24 ance within a reasonable time.’’;
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•S 10 RS

1 (2) by striking parts E and F, and each part

2 designated as part I (including the part redesignated

3 as part I by section 2(i)(1)(A) of Public Law 102–

4 586 and the part added and designated as part I pur5 suant to section 2(i)(1)(C) of such Act);

6 (3) by redesignating part G as part E;

7 (4) in section 241—

8 (A) in subsection (a), by striking ‘‘Juvenile

9 Justice and Delinquency Prevention Office’’ and

10 inserting ‘‘Office of Juvenile Crime Control and

11 Accountability’’;

12 (B) in subsection (d)—

13 (i) in paragraph (1), by striking

14 ‘‘and’’ at the end;

15 (ii) by redesignating paragraph (2) as

16 paragraph (4);

17 (iii) in paragraph (4), as redesig18 nated—

19 (I) by striking ‘‘education person20 nel recreation’’ and inserting ‘‘edu21 cation personnel, recreation’’; and

22 (II) by striking ‘‘park personnel,,’’

23 and inserting ‘‘park personnel,’’; and

24 (iv) by inserting after paragraph (1)

25 the following:
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•S 10 RS

1 ‘‘(2) for the rigorous and independent evaluation

2 of the delinquency and youth violence prevention pro3 grams funded under this title;

4 ‘‘(3) funding for research and demonstration

5 projects on the nature, causes, and prevention of juve6 nile violence and juvenile delinquency; and’’;

7 (C) in subsection (e)—

8 (i) in paragraph (4), by adding ‘‘and’’

9 at the end;

10 (ii) in paragraph (5), by striking ‘‘;

11 and’’ and inserting a period; and

12 (iii) by striking paragraph (6); and

13 (D) by striking subsection (f) and inserting

14 the following:

15 ‘‘(f) DUTIES OF THE INSTITUTE.—

16 ‘‘(1) IN GENERAL.—The Institute shall make

17 grants and enter into contracts for the purposes of

18 evaluating programs established and funded with

19 State formula grants, research and demonstration

20 projects funded by the National Institute of Juvenile

21 Justice and Delinquency, and discretionary funding

22 of the Office of Juvenile Crime Control and Account23 ability.

24 ‘‘(2) REQUIREMENTS.—Evaluations and research

25 studies funded by the Institute shall—
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•S 10 RS

1 ‘‘(A) be independent in nature;

2 ‘‘(B) be awarded competitively; and

3 ‘‘(C) employ rigorous and scientifically rec4 ognized standards and methodologies, including

5 peer review by nonapplicants.’’;

6 (5) in section 243(a)—

7 (A) in paragraph (1), by striking ‘‘seek to

8 strengthen and preserve families or which’’;

9 (B) in paragraph (3)—

10 (i) by redesignating clauses (i) and (ii)

11 as subparagraphs (A) and (B), respectively;

12 and

13 (ii) in subparagraph (B), as so des14 ignated, by inserting ‘‘best practices of’’ be15 fore ‘‘information and technical assistance’’;

16 (C) in paragraph (4)—

17 (i) by striking ‘‘Encourage’’ and in18 serting ‘‘encourage’’; and

19 (ii) by striking ‘‘take into consider20 ation’’ and all that follows before the semi21 colon and inserting the following: ‘‘through

22 control and incarceration, if necessary, pro23 vide therapeutic intervention such as pro24 viding skills’’;
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•S 10 RS

1 (D) by striking the second paragraph des2 ignated as paragraph (5) (as added by section

3 2(g)(3) of Public Law 102–586);

4 (E) by striking paragraphs (6) and (7) and

5 inserting the following:

6 ‘‘(6) prepare, in cooperation with education in7 stitutions, with Federal, State, and local agencies,

8 and with appropriate individuals and private agen9 cies, such studies as it considers to be necessary with

10 respect to prevention of and intervention with juve11 nile violence and delinquency and the improvement of

12 juvenile justice systems, including—

13 ‘‘(A) evaluations of programs and interven14 tions designed to prevent youth violence and ju15 venile delinquency;

16 ‘‘(B) assessments and evaluations of the

17 methodological approaches to evaluating the ef18 fectiveness of interventions and programs de19 signed to prevent youth violence and juvenile de20 linquency;

21 ‘‘(C) studies of the extent, nature, risk, and

22 protective factors, and causes of youth violence

23 and juvenile delinquency;

24 ‘‘(D) comparisons of youth adjudicated and

25 treated by the juvenile justice system compared
254

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1 to juveniles waived to and adjudicated by the

2 adult criminal justice system (including incar3 cerated in adult, secure correctional facilities);

4 ‘‘(E) recommendations with respect to effec5 tive and ineffective primary, secondary, and ter6 tiary prevention interventions, including for

7 which juveniles, and under what circumstances

8 (including circumstances connected with the

9 staffing of the intervention), prevention efforts

10 are effective and ineffective; and

11 ‘‘(F) assessments of risk prediction systems

12 of juveniles used in making decisions regarding

13 pretrial detention;’’;

14 (F) by redesignating paragraphs (8) and

15 (9) as paragraphs (7) and (8), respectively;

16 (G) in paragraph (8), as redesignated, by

17 adding ‘‘and’’ at the end; and

18 (H) by striking paragraphs (10) through

19 (13) and redesignating paragraph (14) as para20 graph (9);

21 (6) in section 243(b)—

22 (A) in paragraph (1), by striking ‘‘and’’ at

23 the end;

24 (B) in paragraph (2)—
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•S 10 RS

1 (i) by striking ‘‘subsection (a)(9)’’ and

2 inserting ‘‘subsection (a)(8)’’; and

3 (ii) by striking the period at the end

4 and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(3) regular reports on the record of each State

7 on objective measurements of youth violence, such as

8 the number, rate, and trend of homicides committed

9 by youths.’’;

10 (7) by striking sections 244 through 248 and in11 serting the following:

12 ‘‘SEC. 244. REPORT ON STATUS OFFENDERS.

13 ‘‘The National Institute of Juvenile Justice and Delin14 quency Prevention shall conduct a study on the effect of in15 carceration on status offenders compared to similarly situ16 ated individuals who are not placed in secure detention in

17 terms of the continuation of their inappropriate or illegal

18 conduct, delinquency, or future criminal behavior, and eval19 uating the safety of status offenders placed in secure deten20 tion. The study shall be completed not later than September

21 1, 2002. Copies of the report shall be provided to the Chair22 men and Ranking Members of the Committees on the Judi23 ciary of the Senate and the House of Representatives.’’;

24 (8) by striking the heading for subpart II of part

25 C of title II;
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1 (9) by striking section 261 and redesignating

2 section 262 as section 245;

3 (10) in section 245, as redesignated—

4 (A) by striking ‘‘this part’’ each place that

5 term appears and inserting ‘‘section 243’’;

6 (B) in subsection (b)—

7 (i) in paragraph (4), by adding ‘‘and’’

8 at the end; and

9 (ii) by striking paragraphs (5) through

10 (7) and redesignating paragraph (8) as

11 paragraph (5);

12 (C) by striking subsection (c) and inserting

13 the following:

14 ‘‘(c) FACTORS FOR CONSIDERATION.—In determining

15 whether or not to approve applications for grants and for

16 contracts under this part, the Administrator shall con17 sider—

18 ‘‘(1) whether the project uses appropriate and

19 rigorous methodology, including appropriate samples,

20 control groups, psychometrically sound measurement,

21 and appropriate data analysis techniques;

22 ‘‘(2) the experience of the principal and co-prin23 cipal investigators in the area of youth violence and

24 juvenile delinquency;
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1 ‘‘(3) the protection offered human subjects in the

2 study, including informed consent procedures; and

3 ‘‘(4) the cost-effectiveness of the proposed

4 project.’’;

5 (D) in subsection (d)—

6 (i) in paragraph (1)(A), by striking

7 ‘‘(other than section 241(f))’’;

8 (ii) in paragraph (1)(B)—

9 (I) in clause (i), by striking ‘‘;

10 or’’ and inserting a period;

11 (II) by striking clause (ii); and

12 (III) by striking ‘‘process—’’ and

13 all that follows through ‘‘with respect

14 to programs’’ and inserting ‘‘process

15 with respect to programs’’; and

16 (iii) in paragraph (2)—

17 (I) by striking subparagraph (A)

18 and inserting the following:

19 ‘‘(A) Programs selected for assistance

20 through grants and contracts under this part

21 shall be selected after a competitive process that

22 provides potential grantees and contractors with

23 not less than 90 days to submit applications for

24 funds. Applications for funds shall be reviewed

25 through a formal peer review process by qualified
258

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1 scientists with expertise in the fields of criminol2 ogy, juvenile delinquency, sociology, psychology,

3 research methodology, evaluation research, statis4 tics, and related areas. The peer review process

5 shall conform to the process used by the National

6 Institutes of Health, the National Institute of

7 Justice, or the National Science Foundation’’;

8 and

9 (II) in subparagraph (B), by

10 striking ‘‘Committee on Education and

11 Labor’’ and inserting ‘‘Committee on

12 the Judiciary’’; and

13 (11) in section 282—

14 (A) by inserting the following section head15 ing:

16 ‘‘GRANTS’’;

17 (B) in subsection (a)(2), by striking ‘‘en18 forcement’’ and all that follows through ‘‘mem19 bers’’ and inserting ‘‘the disruption and prosecu20 tion of gangs’’; and

21 (C) in subsection (b)—

22 (i) by redesignating paragraphs (1)

23 through (6) as paragraphs (2) through (7),

24 respectively; and

25 (ii) by inserting before paragraph (2),

26 as redesignated, the following:
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1 ‘‘(1) the hiring of additional State and local

2 prosecutors, and the establishment and operation of

3 programs, including multijurisdictional task forces,

4 for the disruption and prosecution of gangs and gang

5 members;’’;

6 (12) in section 282A, by adding at the end the

7 following:

8 ‘‘(d) PRIORITY.—In approving grants under this part,

9 the Administrator shall give priority to grants for programs

10 conducted pursuant to subsections (a)(2) and (b)(1) of sec11 tion 282.’’; and

12 (13) by redesignating part H as part F.

13 SEC. 305. GRANTS TO PROSECUTORS.

14 The Juvenile Justice and Delinquency Prevention Act

15 of 1974 (42 U.S.C. 5601) is amended by inserting after part

16 F, as redesignated by section 304, the following:

17 ‘‘PART G—GRANTS TO PROSECUTORS AND

18 COURTS FOR STATE JUVENILE JUSTICE SYSTEMS

19 ‘‘SEC. 290. GRANT AUTHORITY.

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

21 grants in accordance with this part to States and units of

22 local government to assist—

23 ‘‘(1) State and local prosecutors having jurisdic24 tion over juvenile offender cases; and
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1 ‘‘(2) State and local courts with juvenile offender

2 dockets.

3 ‘‘(b) GRANT PURPOSES.—Subject to subsection (c),

4 grants under this part may be used—

5 ‘‘(1) to hire additional prosecutors, together with

6 necessary support staff, for the prosecution of crimes

7 and acts of delinquency committed by juveniles and

8 interstate criminal gang activity, such as illegal drug

9 trafficking;

10 ‘‘(2) to provide funding to enable juvenile pros11 ecutors to address drug, gang, and youth violence pro12 grams more effectively;

13 ‘‘(3) for technology, equipment, and training for

14 prosecutors to—

15 ‘‘(A) implement an accountability-based ju16 venile justice system that provides substantial

17 and appropriate sanctions that are graduated in

18 such manner as to reflect (for each delinquent

19 act or criminal offense) the severity or repeated

20 nature of that act or offense; and

21 ‘‘(B) prosecute juvenile violent offenders;

22 ‘‘(4) to hire, for juvenile courts or adult courts

23 with juvenile offender dockets, additional judges, pro24 bation officers, other necessary court personnel, vic25 tims counselors, and public defenders; and
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1 ‘‘(5) to provide funding to enable juvenile courts

2 and juvenile probation officers to address drug, gang,

3 and youth violence problems more effectively.

4 ‘‘(c) RESTRICTION.—Of amounts received by a State

5 or unit of local government under this part, not more than

6 25 percent may be used for the purposes specified in para7 graphs (4) and (5) of subsection (b).

8 ‘‘SEC. 290A. APPLICATION.

9 ‘‘(a) IN GENERAL.—Each State or unit of local govern10 ment that applies for a grant under this part shall submit

11 an application to the Administrator, in such form and con12 taining such information as the Administrator may by reg13 ulation reasonably require.

14 ‘‘(b) REQUIREMENTS.—In submitting an application

15 for a grant under this part, a State or unit of local govern16 ment shall provide assurances that the State or unit of local

17 government will—

18 ‘‘(1) give priority to the prosecution of violent

19 juvenile offenders;

20 ‘‘(2) seek and impose substantial and appro21 priate sanctions for the earliest acts of delinquency or

22 for crimes committed by juveniles, in order to deter

23 future violations;

24 ‘‘(3) give adequate consideration to the rights

25 and needs of victims of juvenile offenders; and
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1 ‘‘(4) use amounts received under this part to

2 supplement (and not supplant) State and local re3 sources.

4 ‘‘SEC. 290B. ALLOCATION OF GRANTS.

5 ‘‘(a) ALLOCATION OF GRANTS.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) ALLOCATION TO STATES.—

8 ‘‘(i) IN GENERAL.—In awarding

9 grants under this part, the Administrator

10 may award grants provided for a State (in11 cluding units of local government in that

12 State) an aggregate amount equal to 0.75

13 percent of the amount made available to the

14 Administrator by appropriations made pur15 suant to section 206(b)(2) (reduced by

16 amounts reserved under subsection (b)).

17 ‘‘(ii) ADJUSTMENT.—If the Adminis18 trator determines that an insufficient num19 ber of applications have been submitted for

20 a State, the Administrator may adjust the

21 aggregate amount awarded for a State

22 under clause (i).

23 ‘‘(B) REMAINING AMOUNTS.—Of the ad24 justed amounts available to the Administrator to

25 carry out the grant program under this section
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1 referred to in subparagraph (A) that remain

2 after the Administrator distributes the amounts

3 specified in that subparagraph (referred to in

4 this subparagraph as the ‘remaining amount’)

5 the Administrator may award an additional ag6 gregate amount to each State (including any po7 litical subdivision thereof) that (or with respect

8 to which a political subdivision thereof) submits

9 an application that is approved by the Adminis10 trator under this section that bears the same

11 ratio to the remaining amount as the population

12 of juveniles residing in that State bears to the

13 population of juveniles residing in all States.

14 ‘‘(2) EQUITABLE DISTRIBUTION.—The Adminis15 trator shall ensure that the distribution of grant

16 amounts made available for a State (including units

17 of local government in that State) under this section

18 is made on an equitable geographic basis, to ensure

19 that—

20 ‘‘(A) an equitable amount of available funds

21 are directed to rural areas, including those juris22 dictions serving smaller urban and rural com23 munities located along interstate transportation

24 routes that are adversely affected by interstate
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1 criminal gang activity, such as illegal drug traf2 ficking; and

3 ‘‘(B) the amount allocated to a State is eq4 uitably divided between the State, counties, and

5 other units of local government to reflect the rel6 ative responsibilities of each such unit of local

7 government.

8 ‘‘(b) ADMINISTRATION; TECHNICAL ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The Administrator may re10 serve for each fiscal year not more than 2 percent of

11 amounts appropriated pursuant to section

12 206(b)(2)(B)—

13 ‘‘(A) for the administration of this part;

14 and

15 ‘‘(B) for the provision of technical assist16 ance to recipients of or applicants for grant

17 awards under this part.

18 ‘‘(2) CARRYOVER PROVISION.—Any amounts re19 served for any fiscal year pursuant to paragraph (1)

20 that are not expended during that fiscal year shall re21 main available until expended, except that any

22 amount reserved under this subsection for the succeed23 ing fiscal year from amounts made available by ap24 propriations shall be reduced by an amount equal to

25 the amount that remains available.
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1 ‘‘(c) AVAILABILITY OF FUNDS.—Any grant amounts

2 awarded under this part shall remain available until ex3 pended.’’.

4 SEC. 306. RUNAWAY AND HOMELESS YOUTH.

5 (a) IN GENERAL.—Section 372(a) of the Juvenile Jus6 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

7 5714b(a)) is amended by striking ‘‘unit of general local gov8 ernment’’ and inserting ‘‘unit of local government’’.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

10 385 of the Juvenile Justice and Delinquency Prevention Act

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

12 (1) in subsection (a)—

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

14 and such sums as may be necessary for fiscal

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

16 ‘‘1998 and such sums as may be necessary for

17 each of fiscal years 1999, 2000, 2001, and 2002’’;

18 and

19 (B) in paragraph (3), by striking subpara20 graphs (A) through (D) and inserting the follow21 ing:

22 ‘‘(A) for fiscal year 1998, not less than $957,285;

23 ‘‘(B) for fiscal year 1999, not less than

24 $1,005,150;
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1 ‘‘(C) for fiscal year 2000, not less than

2 $1,055,406;

3 ‘‘(D) for fiscal year 2001, not less than

4 $1,108,177; and

5 ‘‘(E) for fiscal year 2002, not less than

6 $1,163,585.’’;

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

8 sums as may be necessary for fiscal years 1994, 1995,

9 and 1996’’ and inserting ‘‘1998 and such sums as

10 may be necessary for each of fiscal years 1999, 2000,

11 2001, and 2002’’; and

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

13 1995, and 1996’’ and inserting ‘‘1998, 1999, 2000,

14 2001, and 2002’’.

15 SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

16 Title IV of the Juvenile Justice and Delinquency Pre17 vention Act of 1974 (42 U.S.C. 5771 et seq.) is amended—

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

19 and inserting the following:

20 ‘‘(2) the term ‘Administrator’ means the Admin21 istrator of the Office of Juvenile Crime Control and

22 Accountability.’’;

23 (2) in section 404—

24 (A) by redesignating subsection (c) as sub25 section (d); and
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1 (B) in subsection (b)—

2 (i) by striking ‘‘The Administrator’’

3 and all that follows through ‘‘shall—’’ and

4 insert the following: ‘‘The Administrator

5 shall make grants to or enter into contracts

6 with the National Center for Missing and

7 Exploited Children, for purposes of—’’;

8 (ii) in paragraph (1)—

9 (I) in subparagraph (A), by strik10 ing ‘‘establish and operate’’ and insert11 ing ‘‘providing’’; and

12 (II) in subparagraph (B), by add13 ing ‘‘and’’ at the end;

14 (iii) in paragraph (2)—

15 (I) by striking ‘‘establish and op16 erate’’ and inserting ‘‘operating’’;

17 (II) in subparagraph (A), by in18 serting ‘‘foreign governments,’’ after

19 ‘‘State and local governments,’’; and

20 (III) in subparagraph (D)—

21 (aa) by inserting ‘‘foreign

22 governments,’’ after ‘‘State and

23 local governments,’’; and

24 (bb) by striking ‘‘; and’’ at

25 the end and inserting a period;
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1 (iv) in paragraph (3), by striking ‘‘(3)

2 periodically’’ and inserting the following:

3 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis4 trator, either by making grants to or entering into contracts

5 with public agencies or nonprofit private agencies, shall—

6 ‘‘(1) periodically’’; and

7 (v) in subsection (c), as so designated,

8 by redesignating paragraph (4) as para9 graph (2);

10 (3) in section 405(a), by inserting ‘‘the National

11 Center for Missing and Exploited Children and with’’

12 before ‘‘public agencies’’; and

13 (4) in section 408, by striking ‘‘2001’’ and in14 serting ‘‘2002’’.

15 SEC. 308. TRANSFER OF FUNCTIONS AND SAVINGS PROVI16 SIONS.

17 (a) DEFINITIONS.—In this section, unless otherwise

18 provided or indicated by the context:

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Office of Juve21 nile Crime Control and Accountability established by

22 operation of subsection (b).

23 (2) ADMINISTRATOR OF THE OFFICE.—The term

24 ‘‘Administrator of the Office’’ means the Adminis-
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1 trator of the Office of Juvenile Justice and Delin2 quency Prevention.

3 (3) BUREAU OF JUSTICE ASSISTANCE.—The term

4 ‘‘Bureau of Justice Assistance’’ means the bureau es5 tablished under section 401 of title I of the Omnibus

6 Crime Control and Safe Streets Act of 1968.

7 (4) FEDERAL AGENCY.—The term ‘‘Federal agen8 cy’’ has the meaning given the term ‘‘agency’’ by sec9 tion 551(1) of title 5, United States Code.

10 (5) FUNCTION.—The term ‘‘function’’ means any

11 duty, obligation, power, authority, responsibility,

12 right, privilege, activity, or program.

13 (6) OFFICE OF JUVENILE CRIME CONTROL AND

14 ACCOUNTABILITY.—The term ‘‘Office of Juvenile

15 Crime Control and Accountability’’ means the office

16 established by operation of subsection (b).

17 (7) OFFICE OF JUVENILE JUSTICE AND DELIN18 QUENCY PREVENTION.—The term ‘‘Office of Juvenile

19 Justice and Delinquency Prevention’’ means the Of20 fice of Juvenile Justice and Delinquency Prevention

21 of the Department of Justice, established by section

22 201 of the Juvenile Justice and Delinquency Preven23 tion Act of 1974, as in effect on the day before the

24 date of enactment of this Act.
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1 (8) OFFICE.—The term ‘‘office’’ includes any of2 fice, administration, agency, institute, unit, organiza3 tional entity, or component thereof.

4 (b) TRANSFER OF FUNCTIONS.—There are transferred

5 to the Office of Juvenile Crime Control and Accountability

6 all functions that the Administrator of the Office exercised

7 before the date of enactment of this Act (including all relat8 ed functions of any officer or employee of the Office of Juve9 nile Justice and Delinquency Prevention), and authorized

10 after the date of enactment of this Act, relating to carrying

11 out the Juvenile Justice and Delinquency Prevention Act

12 of 1974.

13 (c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

14 AND PERSONNEL.—

15 (1) IN GENERAL.—Except as otherwise provided

16 in this section and in section 101(a) (relating to Ju17 venile Justice Programs) of the Omnibus Consolidated

18 Appropriations Act, 1997, the personnel employed in

19 connection with, and the assets, liabilities, contracts,

20 property, records, and unexpended balances of appro21 priations, authorizations, allocations, and other

22 amounts employed, used, held, arising from, available

23 to, or to be made available in connection with the

24 functions transferred by this section, subject to section

25 1531 of title 31, United States Code, shall be trans-
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1 ferred to the Office of Juvenile Crime Control and Ac2 countability.

3 (2) UNEXPENDED AMOUNTS.—Any unexpended

4 amounts transferred pursuant to this subsection shall

5 be used only for the purposes for which the amounts

6 were originally authorized and appropriated.

7 (d) INCIDENTAL TRANSFERS.—

8 (1) IN GENERAL.—The Director of the Office of

9 Management and Budget, at such time or times as the

10 Director of that Office shall provide, may make such

11 determinations as may be necessary with regard to

12 the functions transferred by this section, and to make

13 such additional incidental dispositions of personnel,

14 assets, liabilities, grants, contracts, property, records,

15 and unexpended balances of appropriations, author16 izations, allocations, and other amounts held, used,

17 arising from, available to, or to be made available in

18 connection with such functions, as may be necessary

19 to carry out this section.

20 (2) TERMINATION OF AFFAIRS.—The Director of

21 the Office of Management and Budget shall provide

22 for the termination of the affairs of all entities termi23 nated by this section and for such further measures

24 and dispositions as may be necessary to effectuate the

25 purposes of this section.
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1 (e) EFFECT ON PERSONNEL.—

2 (1) IN GENERAL.—Except as otherwise provided

3 by this section, the transfer pursuant to this section

4 of full-time personnel (except special Government em5 ployees) and part-time personnel holding permanent

6 positions shall not cause any such employee to be sep7 arated or reduced in grade or compensation for 1

8 year after the date of transfer of such employee under

9 this section.

10 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

11 as otherwise provided in this section, any person who,

12 on the day before the date of enactment of this Act,

13 held a position compensated in accordance with the

14 Executive Schedule prescribed in chapter 53 of title 5,

15 United States Code, and who, without a break in

16 service, is appointed in the Office of Juvenile Crime

17 Control and Accountability to a position having du18 ties comparable to the duties performed immediately

19 preceding such appointment shall continue to be com20 pensated in such new position at not less than the

21 rate provided for such previous position, for the dura22 tion of the service of such person in such new posi23 tion.

24 (3) TRANSITION RULE.—
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1 (A) IN GENERAL.—The incumbent Adminis2 trator of the Office as of the date immediately

3 preceding the date of enactment of this Act shall

4 continue to serve as Administrator after the date

5 of enactment of this Act until such time as the

6 incumbent resigns, is relieved of duty by the

7 President, or an Administrator is appointed by

8 the President, by and with the advice and con9 sent of the Senate.

10 (B) NOMINEE.—Not later than 6 months

11 after the date of enactment of this Act, the Presi12 dent shall submit to the Senate for its consider13 ation the name of the individual nominated to

14 be appointed as the Administrator.

15 (f) SAVINGS PROVISIONS.—

16 (1) CONTINUING EFFECT OF LEGAL DOCU17 MENTS.—All orders, determinations, rules, regula18 tions, permits, agreements, grants, contracts, certifi19 cates, licenses, registrations, privileges, and other ad20 ministrative actions—

21 (A) that have been issued, made, granted, or

22 allowed to become effective by the President, any

23 Federal agency or official thereof, or by a court

24 of competent jurisdiction, in the performance of
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1 functions that are transferred under this section;

2 and

3 (B) that are in effect at the time this section

4 takes effect, or were final before the date of enact5 ment of this Act and are to become effective on

6 or after the date of enactment of this Act, shall

7 continue in effect according to their terms until

8 modified, terminated, superseded, set aside, or

9 revoked in accordance with law by the President,

10 the Administrator, or other authorized official, a

11 court of competent jurisdiction, or by operation

12 of law.

13 (2) PROCEEDINGS NOT AFFECTED.—

14 (A) IN GENERAL.—This section shall not af15 fect any proceedings, including notices of pro16 posed rulemaking, or any application for any li17 cense, permit, certificate, or financial assistance

18 pending before the Office of Juvenile Justice and

19 Delinquency Prevention on the date on which

20 this section takes effect, with respect to functions

21 transferred by this section but such proceedings

22 and applications shall be continued.

23 (B) ORDERS; APPEALS; PAYMENTS.—Orders

24 shall be issued in such proceedings, appeals shall

25 be taken therefrom, and payments shall be made
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1 pursuant to such orders, as if this section had

2 not been enacted, and orders issued in any such

3 proceedings shall continue in effect until modi4 fied, terminated, superseded, or revoked by a

5 duly authorized official, by a court of competent

6 jurisdiction, or by operation of law.

7 (C) DISCONTINUANCE OR MODIFICATION.—

8 Nothing in this paragraph shall be construed to

9 prohibit the discontinuance or modification of

10 any such proceeding under the same terms and

11 conditions and to the same extent that such pro12 ceeding could have been discontinued or modified

13 if this paragraph had not been enacted.

14 (3) SUITS NOT AFFECTED.—This section shall

15 not affect suits commenced before the date of enact16 ment of this Act, and in all such suits, proceedings

17 shall be had, appeals taken, and judgments rendered

18 in the same manner and with the same effect as if

19 this section had not been enacted.

20 (4) NONABATEMENT OF ACTIONS.—No suit, ac21 tion, or other proceeding commenced by or against the

22 Office of Juvenile Justice and Delinquency Preven23 tion, or by or against any individual in the official

24 capacity of such individual as an officer of the Office
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1 of Juvenile Justice and Delinquency Prevention, shall

2 abate by reason of the enactment of this section.

3 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO4 MULGATION OF REGULATIONS.—Any administrative

5 action relating to the preparation or promulgation of

6 a regulation by the Office of Juvenile Justice and De7 linquency Prevention relating to a function trans8 ferred under this section may be continued, to the ex9 tent authorized by this section, by the Office of Juve10 nile Crime Control and Accountability with the same

11 effect as if this section had not been enacted.

12 (g) TRANSITION.—The Administrator may utilize—

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

14 other personnel of the Office of Juvenile Justice and

15 Delinquency Prevention with respect to functions

16 transferred to the Office of Juvenile Crime Control

17 and Accountability by this section; and

18 (2) amounts appropriated to such functions for

19 such period of time as may reasonably be needed to

20 facilitate the orderly implementation of this section.

21 (h) REFERENCES.—Reference in any other Federal

22 law, Executive order, rule, regulation, or delegation of au23 thority, or any document of or relating to—

24 (1) the Administrator of the Office of Juvenile

25 Justice and Delinquency Prevention with regard to
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1 functions transferred by operation of subsection (b),

2 shall be considered to refer to the Administrator of the

3 Office of Juvenile Crime Control and Accountability;

4 and

5 (2) the Office of Juvenile Justice and Delin6 quency Prevention with regard to functions trans7 ferred by operation of subsection (b), shall be consid8 ered to refer to the Office of Juvenile Crime Control

9 and Accountability.

10 (i) TECHNICAL AND CONFORMING AMENDMENT.—Sec11 tion 5315 of title 5, United States Code, is amended by

12 striking ‘‘Administrator, Office of Juvenile Justice and De13 linquency Prevention’’ and inserting ‘‘Administrator, Of14 fice of Juvenile Crime Control and Accountability’’.

15 SEC. 309. PILOT PROGRAM TO PROMOTE REPLICATION OF

16 RECENT SUCCESSFUL JUVENILE CRIME RE17 DUCTION STRATEGIES.

18 (a) PILOT PROGRAM TO PROMOTE REPLICATION OF

19 RECENT SUCCESSFUL JUVENILE CRIME REDUCTION

20 STRATEGIES.—

21 (1) ESTABLISHMENT.—The Attorney General (or

22 a designee of the Attorney General), in conjunction

23 with the Secretary of the Treasury (or the designee of

24 the Secretary), shall establish a pilot program (in this

25 section referred to as the ‘‘program’’) to encourage
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1 and support communities who adopt a comprehensive

2 approach to suppressing and preventing violent juve3 nile crime patterned after successful State juvenile

4 crime reduction strategies.

5 (2) PROGRAM.—In carrying out the program,

6 the Attorney General shall—

7 (A) make and track grants to grant recipi8 ents (in this section referred to as ‘‘coalitions’’);

9 (B) in conjunction with the Secretary of the

10 Treasury, provide for technical assistance and

11 training, data collection, and dissemination of

12 relevant information; and

13 (C) provide for the general administration

14 of the program.

15 (3) ADMINISTRATION.—Not later than 30 days

16 after the date of enactment of this Act, the Attorney

17 General shall appoint an Administrator (in this sec18 tion referred to as the ‘‘Administrator’’) to carry out

19 the program.

20 (4) PROGRAM AUTHORIZATION.—To be eligible to

21 receive an initial grant or a renewal grant under this

22 section, a coalition shall meet each of the following

23 criteria:

24 (A) COMPOSITION.—The coalition shall con25 sist of 1 or more representatives of—
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1 (i) the local police department or sher2 iff’s department;

3 (ii) the local prosecutors’ office;

4 (iii) the United States Attorney’s of5 fice;

6 (iv) the Federal Bureau of Investiga7 tion;

8 (v) the Bureau of Alcohol, Tobacco and

9 Firearms;

10 (vi) State or local probation officers;

11 (vii) religious affiliated or fraternal

12 organizations involved in crime prevention;

13 (viii) schools;

14 (ix) parents or local grass roots organi15 zations such as neighborhood watch groups;

16 and

17 (x) social service agencies involved in

18 crime prevention.

19 (B) OTHER PARTICIPANTS.—If possible, in

20 addition to the representatives from the cat21 egories listed in subparagraph (A), the coalition

22 shall include—

23 (i) representatives from the business

24 community; and
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1 (ii) researchers who have studied

2 criminal justice and can offer technical or

3 other assistance.

4 (C) COORDINATED STRATEGY.—A coalition

5 shall submit to the Attorney General, or the At6 torney General’s designee, a comprehensive plan

7 for reducing violent juvenile crime. To be eligible

8 for consideration, a plan shall—

9 (i) ensure close collaboration among all

10 members of the coalition in suppressing and

11 preventing juvenile crime;

12 (ii) place heavy emphasis on coordi13 nated enforcement initiatives, such as Fed14 eral and State programs that coordinate

15 local police departments, prosecutors, and

16 local community leaders to focus on the sup17 pression of violent juvenile crime involving

18 gangs;

19 (iii) ensure that there is close collabo20 ration between police and probation officers

21 in the supervision of juvenile offenders, such

22 as initiatives that coordinate the efforts of

23 parents, school officials, and police and pro24 bation officers to patrol the streets and
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1 make home visits to ensure that offenders

2 comply with the terms of their probation;

3 (iv) ensure that a program is in place

4 to trace all firearms seized from crime

5 scenes or offenders in an effort to identify

6 illegal gun traffickers; and

7 (v) ensure that effective crime preven8 tion programs are in place, such as pro9 grams that provide after-school safe havens

10 and other opportunities for at-risk youth to

11 escape or avoid gang or other criminal ac12 tivity, and to reduce recidivism.

13 (D) ACCOUNTABILITY.—A coalition shall—

14 (i) establish a system to measure and

15 report outcomes consistent with common in16 dicators and evaluation protocols estab17 lished by the Administrator and which re18 ceives the approval of the Administrator;

19 and

20 (ii) devise a detailed model for measur21 ing and evaluating the success of the plan

22 of the coalition in reducing violent juvenile

23 crime, and provide assurances that the plan

24 will be evaluated on a regular basis to as-
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1 sess progress in reducing violent juvenile

2 crime.

3 (5) GRANT AMOUNTS.—

4 (A) IN GENERAL.—The Administrator may

5 grant to an eligible coalition under this para6 graph, an amount not to exceed the amount of

7 non-Federal funds raised by the coalition, in8 cluding in-kind contributions, for that fiscal

9 year.

10 (B) NONSUPPLANTING REQUIREMENT.—A

11 coalition seeking funds shall provide reasonable

12 assurances that funds made available under this

13 program to States or units of local government

14 shall be so used as to supplement and increase

15 (but not supplant) the level of the State, local,

16 and other non-Federal funds that would in the

17 absence of such Federal funds be made available

18 for programs described in this section, and shall

19 in no event replace such State, local, or other

20 non-Federal funds.

21 (C) SUSPENSION OF GRANTS.—If a coali22 tion fails to continue to meet the criteria set

23 forth in this section, the Administrator may sus24 pend the grant, after providing written notice to
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1 the grant recipient and an opportunity to ap2 peal.

3 (D) RENEWAL GRANTS.—Subject to sub4 paragraph (D), the Administrator may award a

5 renewal grant to grant recipient under this sub6 paragraph for each fiscal year following the fis7 cal year for which an initial grant is awarded,

8 in an amount not to exceed the amount of non9 Federal funds raised by the coalition, including

10 in-kind contributions, for that fiscal year, dur11 ing the 4-year period following the period of the

12 initial grant.

13 (E) LIMITATION.—The amount of a grant

14 award under this section may not exceed

15 $300,000 for a fiscal year.

16 (6) PERMITTED USE OF FUNDS.—A coalition re17 ceiving funds under this section may expend such

18 Federal funds on any use or program that is con19 tained in the plan submitted to the Administrator.

20 (7) CONGRESSIONAL CONSULTATION.—Two years

21 after the date of implementation of the program estab22 lished in this section, the General Accounting Office

23 shall submit a report to Congress reviewing the effec24 tiveness of the program in suppressing and reducing

25 violent juvenile crime in the participating commu-
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1 nities. The report shall contain an analysis of each

2 community participating in the program, along with

3 information regarding the plan undertaken in the

4 community, and the effectiveness of the plan in reduc5 ing violent juvenile crime. The report shall contain

6 recommendations regarding the efficacy of continuing

7 the program.

8 (b) INFORMATION COLLECTION AND DISSEMINATION

9 WITH RESPECT TO COALITIONS.—

10 (1) COALITION INFORMATION.—For the purpose

11 of audit and examination, the Administrator—

12 (A) shall have access to any books, docu13 ments, papers, and records that are pertinent to

14 any grant or grant renewal request under this

15 section; and

16 (B) may periodically request information

17 from a coalition to ensure that the coalition

18 meets the applicable criteria.

19 (2) REPORTING.—The Administrator shall, to

20 the maximum extent practicable and in a manner

21 consistent with applicable law, minimize reporting

22 requirements by a coalition and expedite any appli23 cation for a renewal grant made under this section.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

25 authorized to be appropriated from the Violent Crime Re-
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1 duction Trust Fund to carry out this section, $3,000,000

2 in each of fiscal years 1998, 1999, and 2000.

3 SEC. 310. REPEAL OF UNNECESSARY AND DUPLICATIVE

4 PROGRAMS.

5 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE6 MENT ACT OF 1994.—

7 (1) TITLE III.—Title III of the Violent Crime

8 Control and Law Enforcement Act of 1994 (42 U.S.C.

9 13741 et seq.) is amended by striking subtitles A

10 through C, and E through S.

11 (2) TITLE XXVII.—Title XXVII of the Violent

12 Crime Control and Law Enforcement Act of 1994 (42

13 U.S.C. 14191 et seq.) is repealed.

14 (b) REFORM OF GREAT PROGRAM.—Section 32401(a)

15 of the Violent Crime Control and Law Enforcement Act of

16 1994 (42 U.S.C. 13921(a)) is amended—

17 (1) by striking paragraph (2) and inserting the

18 following:

19 ‘‘(2) SELECTION OF COMMUNITIES.—

20 ‘‘(A) IN GENERAL.—Each community iden21 tified for a GREAT project referred to in para22 graph (1) shall be selected by the Secretary of the

23 Treasury on the basis of—
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1 ‘‘(i) the level of gang activity and

2 youth violence in the area in which the

3 community is located;

4 ‘‘(ii) the number of schools in the com5 munity in which training would be pro6 vided under the project;

7 ‘‘(iii) the number of students who

8 would receive the training referred to in

9 clause (ii) in schools referred to in that

10 clause; and

11 ‘‘(iv) a written description from offi12 cials of the community explaining the man13 ner in which funds made available to the

14 community under this section would be allo15 cated.

16 ‘‘(B) EQUITABLE SELECTION.—The Sec17 retary of the Treasury shall ensure that—

18 ‘‘(i) communities are identified and se19 lected for GREAT projects under this sub20 section on an equitable geographic basis (ex21 cept that this clause shall not be construed

22 to require the termination of any projects

23 selected prior to the beginning of fiscal year

24 1998); and
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1 ‘‘(ii) the communities referred to in

2 clause (i) include rural communities.’’; and

3 (2) in paragraph (3)—

4 (A) in subparagraph (A), by striking ‘‘50

5 percent’’ and inserting ‘‘85 percent’’; and

6 (B) in subparagraph (B), by striking ‘‘50

7 percent’’ and inserting ‘‘15 percent’’.

8 SEC. 311. EXTENSION OF VIOLENT CRIME REDUCTION

9 TRUST FUND.

10 Section 310001(b) of the Violent Crime Control and

11 Law Enforcement Act of 1994 (42 U.S.C. 14211(b)) is

12 amended—

13 (1) in paragraph (5), by striking ‘‘and’’ at the

14 end;

15 (2) in paragraph (6), by striking the period at

16 the end and inserting a semicolon; and

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

18 ‘‘(7) for fiscal year 2001, $750,000,000; and

19 ‘‘(8) for fiscal year 2002, $750,000,000.’’.

20 SEC. 312. REIMBURSEMENT OF STATES FOR COSTS OF IN21 CARCERATING JUVENILE ALIENS.

22 (a) IN GENERAL.—Section 501 of the Immigration Re23 form and Control Act of 1986 (8 U.S.C. 1365) is amend24 ed—
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1 (1) in subsection (a), by inserting ‘‘or illegal ju2 venile alien who has been adjudicated delinquent and

3 committed to a juvenile correctional facility by such

4 State or locality’’ before the period;

5 (2) in subsection (b), by inserting ‘‘(including

6 any juvenile alien who has been adjudicated delin7 quent and has been committed to a correctional facil8 ity)’’ before ‘‘who is in the United States unlawfully’’;

9 and

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

11 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section, the

12 term ‘juvenile alien’ means an alien (as that term is defined

13 in section 101(a)(3) of the Immigration and Nationality

14 Act) who has been adjudicated delinquent and committed

15 to a correctional facility by a State or locality as a juvenile

16 offender.’’.

17 (b) ANNUAL REPORT.—Section 332 of the Illegal Im18 migration Reform and Immigrant Responsibility Act of

19 1996 (8 U.S.C. 1366) is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (3);

22 (2) by striking the period at the end of para23 graph (4) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(5) the number of illegal juvenile aliens that are

2 committed to State or local juvenile correctional fa3 cilities, including the type of offense committed by

4 each juvenile.’’.

5 (c) CONFORMING AMENDMENT.—Section 241(i)(3)(B)

6 of the Immigration and Nationality Act (8 U.S.C.

7 1231(i)(3)(B)) is amended—

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

9 (2) by striking the period at the end of clause

10 (iii) and inserting ‘‘; or’’; and

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

12 ‘‘(iv) is a juvenile alien with respect to

13 whom section 501 of the Immigration Re14 form and Control Act of 1986 applies.’’.

15 TITLE IV—BOYS AND GIRLS

16 CLUBS

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

18 (a) IN GENERAL.—Section 401(a) of the Economic Es19 pionage Act of 1996 (42 U.S.C. 13751 note) is amended

20 by striking paragraph (2) and inserting the following:

21 ‘‘(2) PURPOSE.—The purpose of this section is to

22 provide adequate resources in the form of seed money

23 for the Boys and Girls Clubs of America to—

24 ‘‘(A) establish 1,000 additional local clubs

25 in locations where local clubs are needed (giving
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1 particular emphasis on establishing clubs in

2 public housing projects and distressed areas);

3 and

4 ‘‘(B) ensure that a total of not less than

5 2,500 Boys and Girls Clubs of America facilities

6 are in operation not later than December 31,

7 1999.’’.

8 (b) ACCELERATED GRANTS.—Section 401 of the Eco9 nomic Espionage Act of 1996 (42 U.S.C. 13751 note) is

10 amended by striking subsection (c) and inserting the follow11 ing:

12 ‘‘(c) ESTABLISHMENT.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) AUTHORITY.—For each of fiscal years

15 1997, 1998, 1999, 2000, and 2001, the Attorney

16 General, acting through the Director of the Bu17 reau of Justice Assistance of the Department of

18 Justice (referred to in this subsection as the ‘Di19 rector’) shall make a grant to the Boys and Girls

20 Clubs of America for the purpose of establishing

21 and extending Boys and Girls Clubs facilities in

22 locations where new facilities or expanded facili23 ties are needed.

24 ‘‘(B) EMPHASIS.—In carrying out subpara25 graph (A), the Director shall give particular em-
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1 phasis to establishing clubs in and extending

2 services to public housing projects and distressed

3 areas.

4 ‘‘(2) APPLICATIONS.—

5 ‘‘(A) IN GENERAL.—The Attorney General,

6 acting through the Director, shall accept an ap7 plication for a grant under this subsection sub8 mitted by the Boys and Girls Clubs of America.

9 ‘‘(B) APPROVAL.—Not later than 90 days

10 after an application is submitted under subpara11 graph (A), the Attorney General, acting through

12 the Director, shall approve or deny the applica13 tion. The Attorney General may approve the ap14 plication only if the application—

15 ‘‘(i) includes—

16 ‘‘(I) a long-term strategy to estab17 lish 1,000 additional Boys and Girls

18 Clubs; and

19 ‘‘(II) a detailed summary of those

20 geographic areas in which new facili21 ties will be established, or in which ex22 isting facilities will be expanded to

23 serve additional youths, during the fis24 cal year following the date of the ap25 plication;
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1 ‘‘(ii) includes a plan to ensure that a

2 total of not less than 2,500 Boys and Girls

3 Clubs of America facilities are in operation

4 before January 1, 2000;

5 ‘‘(iii) certifies that the Boys and Girls

6 Clubs of America will ensure appropriate

7 coordination between the communities in

8 which the Boys and Girls Clubs referred to

9 in clause (ii) and the Boys and Girls Clubs

10 of America will be located; and

11 ‘‘(iv) explains the manner in which

12 new facilities will operate without the pro13 vision of additional, direct Federal finan14 cial assistance to the Boys and Girls Clubs

15 after assistance under this subsection is dis16 continued.’’.

17 (c) ROLE MODEL GRANTS.—Section 401 of the Eco18 nomic Espionage Act of 1996 (42 U.S.C. 13751 note) is

19 amended by adding at the end the following:

20 ‘‘(f) ROLE MODEL GRANTS.—Of amounts made avail21 able under subsection (e) for any fiscal year—

22 ‘‘(1) not more than 5 percent may be used to

23 provide a grant to the Boys and Girls Clubs of Amer24 ica for administrative, travel, and other costs associ-
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1 ated with a national role-model speaking tour pro2 gram; and

3 ‘‘(2) no amount may be used to compensate

4 speakers other than to reimburse speakers for reason5 able travel and accommodation costs associated with

6 the program described in paragraph (1).

7 ‘‘(g) FLAGSHIP BOYS AND GIRLS CLUBS.—

8 ‘‘(1) IN GENERAL.—The Attorney General, acting

9 through the Director of the Bureau of Justice Assist10 ance (referred to in this section as the ‘Director’),

11 shall, upon receipt of an application that meets the

12 requirements of paragraph (2) from an appropriate

13 official of the Boys and Girls Clubs of America, make

14 a grant to the Boys and Girls Clubs of America to

15 fund the establishment of not less than 3 flagship

16 Boys and Girls Clubs.

17 ‘‘(2) APPLICATION.—

18 ‘‘(A) IN GENERAL.—In order to receive a

19 grant under this subsection, the appropriate offi20 cial of the Boys and Girls Clubs of America shall

21 submit an application to the Director in such

22 form, and containing such information, as the

23 Director may reasonably require.
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1 ‘‘(B) CONTENTS OF APPLICATION.—The ap2 plication submitted pursuant to subparagraph

3 (A) shall contain assurances that—

4 ‘‘(i)(I) the flagship clubs established

5 under this subsection (referred to in this

6 subsection as the ‘flagship clubs’) shall be lo7 cated in economically distressed areas; and

8 ‘‘(II) with respect to the location of the

9 flagship clubs, at least—

10 ‘‘(aa) 1 shall be in a rural area;

11 and

12 ‘‘(bb) 1 shall be in an urban area;

13 ‘‘(ii) site selection for the flagship clubs

14 shall be made on an equitable geographic

15 basis;

16 ‘‘(iii) funds received pursuant to this

17 subsection by the Boys and Girls Clubs of

18 America shall comprise not more than 60

19 percent of the costs of establishing the flag20 ship clubs; and

21 ‘‘(iv) specify how the flagship clubs

22 will operate without Federal funds after the

23 flagship clubs are brought into operation.

24 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(A) IN GENERAL.—There are authorized to

2 be appropriated $15,000,000 for fiscal year 1998

3 to carry out this subsection.

4 ‘‘(B) SOURCE OF SUMS.—Sums authorized

5 to be appropriated under subparagraph (A) may

6 be derived from the Violent Crime Reduction

7 Trust Fund.’’.

8 TITLE V—MISCELLANEOUS

9 Subtitle A—General Provisions

10 SEC. 501. DEFINITION OF UNIT OF LOCAL GOVERNMENT.

11 Section 901(3) of the Omnibus Crime Control and Safe

12 Streets Act of 1968 (42 U.S.C. 3791(3)) is amended to read

13 as follows:

14 ‘‘(3) ‘unit of local government’ means—

15 ‘‘(A) any city, county, township, town, bor16 ough, parish, village, or other general purpose

17 political subdivision of a State;

18 ‘‘(B) any law enforcement district or judi19 cial enforcement district that—

20 ‘‘(i) is established under applicable

21 State law; and

22 ‘‘(ii) has the authority to, in a manner

23 independent of other State entities, establish

24 a budget and impose taxes;
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1 ‘‘(C) an Indian tribe which performs law

2 enforcement functions, as determined by the Sec3 retary of the Interior; or

4 ‘‘(D) for the purposes of assistance eligi5 bility, any agency of the government of the Dis6 trict of Columbia or the Federal Government

7 that performs law enforcement functions in and

8 for—

9 ‘‘(i) the District of Columbia; or

10 ‘‘(ii) any Trust Territory of the United

11 States;’’.

12 SEC. 502. CARJACKING OFFENSES.

13 Section 2119 of title 18, United States Code, is amend14 ed by striking ‘‘, with the intent to cause death or serious

15 bodily harm’’.

16 SEC. 503. FIREARMS SAFETY.

17 (a) SECURE GUN STORAGE OR SAFETY DEVICE.—Sec18 tion 921(a) of title 18, United States Code, is amended by

19 adding at the end the following:

20 ‘‘(34) The term ‘secure gun storage or safety device’

21 means—

22 ‘‘(A) a device that, when installed on a firearm,

23 is designed to prevent the firearm from being operated

24 without first deactivating or removing the device;
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1 ‘‘(B) a device incorporated into the design of the

2 firearm that is designed to prevent the operation of

3 the firearm by anyone not having access to the device;

4 or

5 ‘‘(C) a safe, gun safe, gun case, lock box, or other

6 device that is designed to be or can be used to store

7 a firearm and that is designed to be unlocked only by

8 means of a key, a combination, or other similar

9 means.’’.

10 (b) CERTIFICATION REQUIRED IN APPLICATION FOR

11 DEALER’S LICENSE.—Section 923(d)(1) of title 18, United

12 States Code, is amended—

13 (1) in subparagraph (E), by striking ‘‘and’’ at

14 the end;

15 (2) in subparagraph (F), by striking the period

16 at the end and inserting ‘‘; and’’; and

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

18 ‘‘(G) in the case of an application to be licensed

19 as a dealer, the applicant certifies that secure gun

20 storage or safety devices will be available at any place

21 in which firearms are sold under the license to per22 sons who are not licensees (subject to the exception

23 that in any case in which a secure gun storage or

24 safety device is temporarily unavailable because of

25 theft, casualty loss, consumer sales, backorders from a
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1 manufacturer, or any other similar reason beyond the

2 control of the licensee, the dealer shall not be consid3 ered to be in violation of the requirement under this

4 subparagraph to make available such a device).’’.

5 (c) REVOCATION OF DEALER’S LICENSE FOR FAILURE

6 TO HAVE SECURE GUN STORAGE OR SAFETY DEVICES

7 AVAILABLE.—The first sentence of section 923(e) of title 18,

8 United States Code, is amended by inserting before the pe9 riod at the end the following: ‘‘or fails to have secure gun

10 storage or safety devices available at any place in which

11 firearms are sold under the license to persons who are not

12 licensees (except that in any case in which a secure gun

13 storage or safety device is temporarily unavailable because

14 of theft, casualty loss, consumer sales, backorders from a

15 manufacturer, or any other similar reason beyond the con16 trol of the licensee, the dealer shall not be considered to be

17 in violation of the requirement to make available such a

18 device)’’.

19 (d) STATUTORY CONSTRUCTION; EVIDENCE.—

20 (1) STATUTORY CONSTRUCTION.—Nothing in the

21 amendments made by this section shall be con22 strued—

23 (A) as creating a cause of action against

24 any firearms dealer or any other person for any

25 civil liability; or
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1 (B) as establishing any standard of care.

2 (2) EVIDENCE.—Notwithstanding any other pro3 vision of law, evidence regarding compliance or non4 compliance with the amendments made by this section

5 shall not be admissible as evidence in any proceeding

6 of any court, agency, board, or other entity.

7 (e) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect 180 days after the date of enactment

9 of this Act.

10 SEC. 504. FIREARM SAFETY EDUCATION GRANTS.

11 (a) IN GENERAL.—Section 510 of the Omnibus Crime

12 Control and Safe Streets Act of 1968 (42 U.S.C. 3760) is

13 amended—

14 (1) in subsection (a), by striking paragraph (1)

15 and inserting the following:

16 ‘‘(1) undertaking educational and training pro17 grams for—

18 ‘‘(A) criminal justice personnel; and

19 ‘‘(B) the general public, with respect to the

20 lawful and safe ownership, storage, carriage, or

21 use of firearms, including the provision of secure

22 gun storage or safety devices;’’;

23 (2) in the first sentence of subsection (b), by in24 serting before the period the following: ‘‘and is au25 thorized to make grants to, or enter into contracts
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1 with, those persons and entities to carry out the pur2 poses specified in subsection (a)(1)(B) in accordance

3 with subsection (c)’’; and

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

5 ‘‘(c)(1) In accordance with this subsection, the Director

6 may make a grant to, or enter into a contract with, any

7 person or entity referred to in subsection (b) to provide for

8 a firearm safety program that, in a manner consistent with

9 subsection (a)(1)(B), provides for general public training

10 and dissemination of information concerning firearm safe11 ty, secure gun storage, and the lawful ownership, carriage,

12 or use of firearms, including the provision of secure gun

13 storage or safety devices.

14 ‘‘(2) Funds made available under a grant under para15 graph (1) may not be used (either directly or by supplant16 ing non-Federal funds) for advocating or promoting gun

17 control, including making communications that are in18 tended to directly or indirectly affect the passage of Federal,

19 State, or local legislation intended to restrict or control the

20 purchase or use of firearms.

21 ‘‘(3) Except as provided in paragraph (4), each fire22 arm safety program that receives funding under this sub23 section shall provide for evaluations that shall be developed

24 pursuant to guidelines that the Director of the National In25 stitute of Justice of the Department of Justice, in consulta-
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1 tion with the Director of the Bureau of Justice Assistance

2 and recognized private entities that have expertise in fire3 arms safety, education and training, shall establish.

4 ‘‘(4) With respect to a firearm safety program that re5 ceives funding under this section, the Director may waive

6 the evaluation requirement described in paragraph (3) if

7 the Director determines that the program—

8 ‘‘(A) is not of a sufficient size to justify an eval9 uation; or

10 ‘‘(B) is designed primarily to provide material

11 resources and supplies, and that activity would not

12 justify an evaluation.’’.

13 (b) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the earlier of—

15 (1) October 1, 1997; or

16 (2) the date of enactment of this Act.

17 SEC. 505. INCREASED PENALTY FOR FIREARMS CONSPIR18 ACY.

19 Section 924 of title 18, United States Code, is amended

20 by adding at the end the following:

21 ‘‘(p) Except as otherwise provided in this section, a

22 person who conspires to commit an offense defined in this

23 chapter shall be subject to the same penalties (other than

24 the penalty of death) as those prescribed for the offense the

25 commission of which is the object of the conspiracy.’’.
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1 SEC. 506. FELONY TREATMENT FOR OFFENSES TANTA2 MOUNT TO AIDING AND ABETTING UNLAW3 FUL PURCHASES.

4 Section 924(a)(3) of title 18, United States Code, is

5 amended by striking the period and inserting ‘‘, but if the

6 violation is in relation to an offense—

7 ‘‘(A) under paragraph (1) or (3) of section

8 922(b), shall be fined under this title, imprisoned not

9 more than 5 years, or both; or

10 ‘‘(B) under subsection (a)(6) or (d) of section

11 922, shall be fined under this title, imprisoned not

12 more than 10 years, or both.’’.

13 SEC. 507. INCREASED PENALTY FOR KNOWINGLY RECEIV14 ING FIREARMS WITH OBLITERATED SERIAL

15 NUMBER.

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

17 amended—

18 (1) in paragraph (1)(B), by striking ‘‘(k),’’; and

19 (2) in paragraph (2), by inserting ‘‘(k),’’ after

20 ‘‘(j),’’.

21 SEC. 508. AMENDMENT OF THE SENTENCING GUIDELINES

22 FOR TRANSFERS OF FIREARMS TO PROHIB23 ITED PERSONS.

24 (a) SENTENCING ENHANCEMENT.—Pursuant to its au25 thority under section 994(p) of title 28, United States Code,

26 the United States Sentencing Commission shall amend the
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1 Federal Sentencing Guidelines to increase the base offense

2 level for offenses subject to section 2K2.1 (Unlawful Receipt,

3 Possession, or Transportation of Firearms or Ammunition;

4 Prohibited Transactions Involving Firearms or Ammuni5 tion) to assure that a person who transferred a firearm and

6 who knew that the transferee was a prohibited person is

7 subject to the same base offense level as the transferee. This

8 provision shall not require the same offense level for the

9 transferor and transferee to the extent that the transferee’s

10 base offense level is subject to an additional increase on the

11 basis of a past criminal conviction of either a crime of vio12 lence or a controlled substance offense.

13 (b) CONSISTENCY.—In carrying out subsection (a), the

14 United States Sentencing Commission shall—

15 (1) ensure that there is reasonable consistency

16 with other Federal Sentencing Guidelines; and

17 (2) avoid duplicative punishment for substan18 tially the same offense.

19 SEC. 509. CRIMINAL FORFEITURE OF FIREARMS USED IN

20 CRIMES OF VIOLENCE AND FELONIES.

21 (a) CRIMINAL FORFEITURE.—Section 982(a) of title

22 18, United States Code, is amended—

23 (1) by inserting after paragraph (3) the follow24 ing:
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1 ‘‘(4) The court, in imposing a sentence on a person

2 convicted of any crime of violence (as that term is defined

3 in section 16) or any felony under federal law, shall order

4 that the person forfeit to the United States any firearm (as

5 that term is defined in section 921(a)(3)) used or intended

6 to be used to commit or to facilitate the commission of the

7 offense.’’; and

8 (2) by redesignating paragraphs (4) and (5),

9 and the first and second paragraphs designated as

10 paragraph (6), as paragraphs (5), (6), (7), and (8),

11 respectively.

12 (b) DISPOSAL OF FORFEITED PROPERTY.—Section

13 981(c) of title 18, United States Code, is amended by add14 ing at the end the following: ‘‘Any firearm forfeited pursu15 ant to subsection (a)(1)(D) or section 982(a)(3) of this title

16 shall be disposed of by the seizing agency in accordance with

17 law.’’.

18 SEC. 510. CRIMINAL FORFEITURE FOR GUN TRAFFICKING.

19 Section 982(a) of title 18, United States Code, as

20 amended by section 509 of this Act, is amended by adding

21 at the end the following:

22 ‘‘(9)(A) The court, in imposing a sentence on a

23 person convicted of a gun trafficking offense described

24 in subparagraph (B), or a conspiracy to commit such

25 offense, shall order the person to forfeit to the United
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1 States any conveyance used or intended to be used to

2 commit such offense, and any property traceable to

3 such conveyance.

4 ‘‘(B) A gun trafficking offense is described in

5 this subparagraph if it—

6 ‘‘(i) is a violation of—

7 ‘‘(I) section 922(i) (transporting stolen

8 firearms);

9 ‘‘(II) section 924(g) (travel with a fire10 arm in furtherance of racketeering);

11 ‘‘(III) section 924(k) (stealing a fire12 arm); or

13 ‘‘(IV) section 924(m) (interstate travel

14 to promote firearms trafficking); and

15 ‘‘(ii) involves 5 or more firearms.’’.

16 SEC. 511. USING PRISON INMATE LABOR AND OTHER LABOR

17 FOR DATA PROCESSING OF PERSONAL INFOR18 MATION ABOUT CHILDREN.

19 (a) IN GENERAL.—Chapter 89 of title 18, United

20 States Code, is amended by adding at the end the following:

21 ‘‘§ 1822. Using prison inmate labor and other labor

22 for data processing of personal informa23 tion

24 ‘‘(a) PROHIBITION.—Whoever, in or affecting inter25 state or foreign commerce, knowingly uses prison inmate
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1 labor, or any worker who is registered pursuant to title

2 XVII of the Violent Crime Control and Law Enforcement

3 Act of 1994, for data processing of personal information

4 shall be fined under this title, imprisoned not more than

5 1 year, or both.

6 ‘‘(b) DEFINITION OF PERSONAL INFORMATION.—In

7 this section, the term ‘personal information’ means infor8 mation (including name, address, telephone number, social

9 security number, and physical description) about an indi10 vidual, that would suffice to physically locate and contact

11 that individual.’’.

12 ‘‘§ 1823. Using or distributing certain personal infor13 mation that would harm children

14 ‘‘(a) PROHIBITION.—Whoever, in or affecting inter15 state or foreign commerce, knowingly uses or distributes

16 personal information about 1 or more children with the in17 tent that the information will be used to abuse or to harm

18 physically any child, shall be fined under this title, impris19 oned not more than 1 year, or both.

20 ‘‘(b) DEFINITIONS.—In this section—

21 ‘‘(1) the term ‘child’ means an individual who

22 has not attained the age of 16 years; and

23 ‘‘(2) the term ‘personal information’ means in24 formation (including name, address, telephone num25 ber, social security number, and physical description)
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1 about an individual, that would suffice to physically

2 locate and contact that individual.’’.

3 (b) CLERICAL AMENDMENT.—The analysis for chapter

4 89 of title 18, United States Code, is amended by adding

5 at the end the following:

‘‘1822. Using prison inmate labor and other labor for data processing of personal

information.

‘‘1823. Using or distributing certain personal information that would harm children.’’.

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

7 Section 20106 of the Violent Crime Control and Law

8 Enforcement Act of 1994 (42 U.S.C. 13706) is amended by

9 striking subsection (b) and inserting the following:

10 ‘‘(b) FORMULA ALLOCATION.—The amount made

11 available to carry out this section for any fiscal year under

12 section 20104 shall be allocated as follows:

13 ‘‘(1) 0.75 percent shall be allocated to each State

14 that meets the requirements of section 20104, except

15 that the United States Virgin Islands, American

16 Samoa, Guam, and the Northern Mariana Islands

17 each shall be allocated 0.05 percent.

18 ‘‘(2) The amount remaining after the application

19 of paragraph (1) shall be allocated to each State that

20 meets the requirements of section 20104 in the ratio

21 that the average annual number of part 1 violent

22 crimes reported by that State to the Federal Bureau

23 of Investigation for the 3 years preceding the year in
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1 which the determination is made bears to the average

2 annual number of part 1 violent crimes reported by

3 States that meet the requirements of section 20104 to

4 the Federal Bureau of Investigation for the 3 years

5 preceding the year in which the determination is

6 made, except that a State may not receive more than

7 25 percent of the total amount available for those

8 grants.’’.

9 SEC. 513. FALSE ADVERTISING OR MISUSE OF NAME TO IN10 DICATE UNITED STATES MARSHALS SERVICE.

11 Section 709 of title 18, United States Code, is amended

12 by inserting after the thirteenth undesignated paragraph

13 the following:

14 ‘‘Whoever, except with the written permission of the

15 Director of the United States Marshals Service, knowingly

16 uses the words ‘United States Marshals Service’, ‘U.S. Mar17 shals Service’, ‘United States Marshal’, ‘U.S. Marshal’, or

18 ‘U.S.M.S.’, or any colorable imitation of any such words,

19 or the likeness of a United States Marshals Service badge,

20 logo, or insignia on any item of apparel, in connection with

21 any advertisement, circular, book, pamphlet, software, or

22 other publication, or any play, motion picture, broadcast,

23 telecast, or other production, in a manner that is reason24 ably calculated to convey the impression that the wearer

25 of the item of apparel is acting pursuant to the legal author-
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1 ity of the United States Marshals Service, or to convey the

2 impression that such advertisement, circular, book, pam3 phlet, software, or other publication, or such play, motion

4 picture, broadcast, telecast, or other production, is ap5 proved, endorsed, or authorized by the United States Mar6 shals Service;’’.

7 SEC. 514. EXTENSION OF AUTHORITY.

8 Section 233(d) of the Antiterrorism and Effective

9 Death Penalty Act of 1996 (110 Stat. 1245) is amended

10 by striking ‘‘1 year after the date of enactment of this Act’’

11 and inserting ‘‘on October 1, 1999’’.

12 SEC. 515. USE OF RESIDENTIAL SUBSTANCE ABUSE TREAT13 MENT GRANTS TO PROVIDE AFTERCARE

14 SERVICES.

15 Section 1901 of part S of the Omnibus Crime Control

16 and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1) is

17 amended by adding at the end the following:

18 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDENTIAL

19 AFTERCARE SERVICES.—A State may use amounts received

20 under this part to provide nonresidential substance abuse

21 treatment aftercare services for inmates or former inmates

22 that meet the requirements of subsection (c), if the chief ex23 ecutive officer of the State certifies to the Attorney General

24 that the State is providing, and will continue to provide,

25 an adequate level of residential treatment services.’’.
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1 SEC. 516. ESTABLISHMENT OF FELONY VIOLATIONS.

2 Section 228 of title 18, United States Code, is amended

3 to read as follows:

4 ‘‘§ 228. Failure to pay legal child support obligations

5 ‘‘(a) OFFENSE.—Whoever—

6 ‘‘(1) willfully fails to pay a support obligation

7 with respect to a child who resides in another State,

8 if such obligation has remained unpaid for a period

9 longer than 1 year, or is greater than $5,000;

10 ‘‘(2) travels in interstate or foreign commerce

11 with the intent to evade a support obligation, if such

12 obligation has remained unpaid for a period longer

13 than 1 year, or is greater than $5,000; or

14 ‘‘(3) willfully fails to pay a support obligation

15 with respect to a child who resides in another State,

16 if such obligation has remained unpaid for a period

17 longer than 2 years, or is greater than $10,000;

18 shall be punished as provided in subsection (c).

19 ‘‘(b) PRESUMPTION.—The existence of a support obli20 gation that was in effect for the time period charged in the

21 indictment or information creates a rebuttable presumption

22 that the obligor has the ability to pay the support obligation

23 for that time period.

24 ‘‘(c) PUNISHMENT.—The punishment for an offense

25 under this section is—
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1 ‘‘(1) in the case of a first offense under sub2 section (a)(1), a fine under this title, imprisonment

3 for not more than 6 months, or both; and

4 ‘‘(2) in the case of an offense under subsection

5 (a)(2) or (a)(3), or a second or subsequent offense

6 under subsection (a)(1), a fine under this title, im7 prisonment for not more than 2 years, or both.

8 ‘‘(d) MANDATORY RESTITUTION.—Upon a conviction

9 under this section, the court shall order restitution under

10 section 3663A in an amount equal to the total unpaid sup11 port obligation as it exists at the time of sentencing.

12 ‘‘(e) DEFINITIONS.—In this section—

13 ‘‘(1) the term ‘support obligation’ means any

14 amount determined under a court order or an order

15 of an administrative process pursuant to the law of

16 a State to be due from a person for the support and

17 maintenance of a child or of a child and the parent

18 with whom the child is living; and

19 ‘‘(2) the term ‘State’ includes any State of the

20 United States, the District of Columbia, and any

21 commonwealth, territory, or possession of the United

22 States.’’.
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1 SEC. 517. HATE CRIMES STATISTICS ACT.

2 Subsection (b) of the first section of the Hate Crimes

3 Statistics Act (28 U.S.C. 534 note) is amended by adding

4 at the end the following:

5 ‘‘(6) In acquiring data under this section, the Attorney

6 General shall, beginning for calendar year 1998, include

7 data regarding the age of offenders who have committed

8 crimes covered by this section.’’.

9 SEC. 518. ELIMINATION OF THE STATUTE OF LIMITATIONS

10 FOR MURDER AND CLASS A OFFENSES.

11 (a) CAPITAL OFFENSES AND CLASS A FELONIES IN12 VOLVING MURDER.—

13 (1) IN GENERAL.—Section 3281 of title 18, Unit14 ed States Code, is amended to read as follows:

15 ‘‘§ 3281. Capital offenses and Class A felonies involv16 ing murder

17 ‘‘(a) CAPITAL OFFENSES.—An indictment for any of18 fense punishable by death may be found at any time with19 out limitation.

20 ‘‘(b) CLASS A FELONIES INVOLVING MURDER.—

21 ‘‘(1) IN GENERAL.—An indictment or informa22 tion for any Class A felony involving murder may be

23 found at any time without limitation.

24 ‘‘(2) DEFINITION OF MURDER.—In this sub25 section, the term ‘murder’—
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1 ‘‘(A) has the meaning given the term in sec2 tion 1111 of this title; and

3 ‘‘(B) in the case of an offense under section

4 1963(a) of this title involving racketeering activ5 ity described in section 1961(1) of this title, has

6 the meaning given that term under applicable

7 State law.’’.

8 (2) APPLICABILITY.—The amendment made by

9 this subsection applies to any offense for which the

10 applicable statute of limitations has not run as of the

11 date of enactment of this Act.

12 (b) CLASS A VIOLENT AND DRUG TRAFFICKING OF13 FENSES.—

14 (1) IN GENERAL.—Chapter 213 of title 18, Unit15 ed States Code, is amended by adding at the end the

16 following:

17 ‘‘§ 3296. Class A violent and drug trafficking offenses

18 ‘‘Except as provided in section 3281, no person shall

19 be prosecuted, tried, or punished for a Class A felony that

20 is a crime of violence or that is a drug trafficking crime

21 (as that term is defined in section 924(c)) unless the indict22 ment is returned or the information is filed not later than

23 10 years after the date on which the offense is committed.’’.

24 (2) APPLICABILITY.—The amendment made by

25 this subsection applies to any offense for which the
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1 applicable statute of limitations had not run as of the

2 date of enactment of this Act.

3 (c) CONFORMING AMENDMENTS.—The analysis for

4 chapter 213 of title 18, United States Code, is amended—

5 (1) by striking the item relating to section 3281

6 and inserting the following:

‘‘3281. Capital offenses and class A felonies involving murder.’’; and

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

‘‘3296. Class A violent and drug trafficking offenses.’’.

8 SEC. 519. PRIORITY.

9 Section 517 of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3763) is amended by adding

11 at the end the following:

12 ‘‘(c) PRIORITY.—In awarding discretionary grants

13 under section 511 to public agencies to undertake law en14 forcement initiatives relating to gangs, or relating to juve15 niles who are involved or at risk of involvement in gangs,

16 the Director shall give priority to a public agency that in17 cludes in its application a description of strategies or pro18 grams of that public agency (either in effect or proposed)

19 that provide cooperation between Federal, State, and local

20 law enforcement authorities, through the use of firearms

21 and ballistics identification systems, to disrupt illegal sale

22 or transfer of firearms to or between juveniles through trac23 ing the sources of guns used in crime that were provided

24 to juveniles.’’.
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1 SEC. 520. INCREASED PENALTIES FOR DISTRIBUTING

2 DRUGS TO MINORS.

3 Section 418 of the Controlled Substances Act (21

4 U.S.C. 859) is amended—

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

6 inserting ‘‘3 years’’; and

7 (2) in subsection (b), by striking ‘‘one year’’ and

8 inserting ‘‘5 years’’.

9 SEC. 521. INCREASED PENALTY FOR DRUG TRAFFICKING IN

10 OR NEAR A SCHOOL OR OTHER PROTECTED

11 LOCATION.

12 Section 419 of the Controlled Substances Act (21

13 U.S.C. 860) is amended—

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

15 inserting ‘‘3 years’’; and

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

17 each place that term appears and inserting ‘‘5 years’’.

18 SEC. 522. INCREASED PENALTIES FOR USING MINORS TO

19 DISTRIBUTE DRUGS.

20 Section 420 of the Controlled Substances Act (21

21 U.S.C. 861) is amended—

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

23 inserting ‘‘3 years’’; and

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

25 inserting ‘‘5 years’’.
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1 SEC. 523. PENALTIES FOR USE OF MINORS IN CRIMES OF VI2 OLENCE.

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

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

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

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

7 law, whoever, being not less than 18 years of age, knowingly

8 and intentionally uses a minor to commit a crime of vio9 lence, or to assist in avoiding detection or apprehension for

10 a crime of violence, shall—

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

13 of violence; and

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

15 this subsection, be subject to 3 times the maximum

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

18 minor is used.

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

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

21 violence’ has the meaning given the term in section 16

22 of this title.

23 ‘‘(2) MINOR.—The term ‘minor’ means a person

24 who is less than 18 years of age.

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

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

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

3 adding at the end the following:

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

4 SEC. 524. INCREASED PENALTIES FOR USING FEDERAL

5 PROPERTY TO GROW OR MANUFACTURE CON6 TROLLED SUBSTANCES.

7 (a) IN GENERAL.—Section 401(b)(5) of the Controlled

8 Substances Act (21 U.S.C. 841(b)(5)) is amended to read

9 as follows:

10 ‘‘(5) Whoever violates subsection (a) of this sec11 tion by cultivating or manufacturing a controlled

12 substance on any property in whole or in part owned

13 by or leased to the United States or any department

14 or agency thereof shall be subject to twice the maxi15 mum punishment otherwise authorized for the of16 fense.’’.

17 (b) FEDERAL SENTENCING GUIDELINES.—Pursuant to

18 its authority under section 994(p) of title 28, United States

19 Code, the United States Sentencing Commission shall

20 amend the Federal Sentencing Guidelines to ensure that a

21 violation of section 401(b)(5) of the Controlled Substances

22 Act (21 U.S.C. 841(b)(5)) is punished substantially more

23 severely than if the violation had not occurred on Federal

24 property.
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1 SEC. 525. SAFE SCHOOLS.

2 (a) AMENDMENTS.—Part F of title XIV of the Elemen3 tary and Secondary Education Act of 1965 (20 U.S.C. 8921

4 et seq.) is amended to read as follows:

5 ‘‘PART F—ILLEGAL DRUG AND GUN POSSESSION

6 AND POSSESSION OF TOBACCO PRODUCTS

7 OR ALCOHOLIC BEVERAGES

8 ‘‘SEC. 14601. DRUG-FREE, GUN-FREE, TOBACCO-FREE, AND

9 ALCOHOL-FREE REQUIREMENTS.

10 ‘‘(a) SHORT TITLE.—This section may be cited as the

11 ‘Safe Schools Act of 1997’.

12 ‘‘(b) REQUIREMENTS.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), each State receiving Federal funds under

15 this Act shall have in effect a State law requiring

16 local educational agencies to expel from school—

17 ‘‘(A) for a period of not less than 1 year a

18 student who is determined—

19 ‘‘(i) to be in possession of an illegal

20 drug (in a quantity that indicates an intent

21 to distribute as determined by State law),

22 or illegal drug paraphernalia, on school

23 property under the jurisdiction of, or on a

24 vehicle operated by an employee or agent of,

25 a local educational agency in that State; or
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1 ‘‘(ii) to have brought a weapon to a

2 school under the jurisdiction of a local edu3 cational agency in that State;

4 ‘‘(B) for a period of not more than 6

5 months and not less than 1 week a student who

6 is determined to be in possession of an illegal

7 drug (in a quantity that does not indicate an in8 tent to distribute as determined by State law),

9 on school property under the jurisdiction of, or

10 on a vehicle operated by an employee or agent of,

11 a local educational agency in that State; and

12 ‘‘(C) for a period of not more than 6

13 months a student who is determined to have,

14 while not having attained the age of 18 and on

15 a regular basis (as determined by the State),

16 used or possessed 1 or more tobacco products or

17 alcoholic beverages on school property under the

18 jurisdiction of, or on a vehicle operated by an

19 employee or agent of, a local educational agency

20 in that State.

21 ‘‘(2) EXCEPTIONS.—The State law described in

22 paragraph (1)—

23 ‘‘(A) shall not apply to students served

24 under the Individuals with Disabilities Edu25 cation Act (20 U.S.C. 1400 et seq.); and
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1 ‘‘(B) shall allow the chief administering of2 ficer of a local educational agency to modify the

3 expulsion requirement for a student on a case4 by-case basis or to ensure that the requirement

5 takes into account applicable State law.

6 ‘‘(3) CONSTRUCTION.—Nothing in this title shall

7 be construed to prevent a State from allowing a local

8 educational agency that has expelled a student from

9 such a student’s regular school setting from providing

10 educational services to such student in an alternative

11 setting.

12 ‘‘(4) DEFINITION OF WEAPON.—In this section,

13 the term ‘weapon’ has the meaning given the term

14 ‘firearm’ in section 921(a) of title 18, United States

15 Code.

16 ‘‘(c) REPORT TO STATE.—Each local educational

17 agency requesting assistance from the State educational

18 agency that is to be provided from funds made available

19 to the State under this Act shall provide to the State, in

20 the application requesting such assistance—

21 ‘‘(1) an assurance that such local educational

22 agency is in compliance with the State law required

23 by subsection (b); and
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1 ‘‘(2) a description of the circumstances surround2 ing any expulsions imposed under the State law re3 quired by subsection (b), including—

4 ‘‘(A) the name of the school concerned;

5 ‘‘(B) the number of students expelled from

6 such school; and

7 ‘‘(C) the type of illegal drugs, illegal drug

8 paraphernalia, weapons, tobacco products, or al9 coholic beverages concerned.

10 ‘‘(d) REPORTING.—Each State shall report the infor11 mation described in subsection (c) to the Secretary on an

12 annual basis.

13 ‘‘(e) REPORT TO CONGRESS.—Two years after the date

14 of enactment of the Safe Schools Act of 1997, the Secretary

15 shall report to Congress with respect to any State that is

16 not in compliance with the requirements of this part.

17 ‘‘SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYS18 TEM REFERRAL.

19 ‘‘(a) IN GENERAL.—No funds shall be made available

20 under this Act to any local educational agency unless such

21 agency has a policy requiring referral to the criminal jus22 tice or juvenile delinquency system of any student who is

23 in possession of an illegal drug, or illegal drug parapherna24 lia, on school property under the jurisdiction of, or on a

25 vehicle operated by an employee or agent of, such agency,
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1 or who brings a firearm or weapon to a school served by

2 such agency.

3 ‘‘(b) DEFINITIONS.—In this section, the terms ‘firearm’

4 and ‘school’ have the meanings given those terms in section

5 921(a) of title 18, United States Code.

6 ‘‘SEC. 14603. DATA AND POLICY DISSEMINATION UNDER

7 IDEA.

8 ‘‘The Secretary shall—

9 ‘‘(1) widely disseminate the policy of the Depart10 ment in effect on the date of enactment of the Safe

11 Schools Act of 1997 with respect to disciplining chil12 dren with disabilities;

13 ‘‘(2) collect data on the incidence of children

14 with disabilities (as that term is defined in section

15 602(a)(1) of the Individuals with Disabilities Edu16 cation Act (20 U.S.C. 1401(a)(1))) possessing illegal

17 drugs or illegal drug paraphernalia, or using or pos18 sessing, on a regular basis (as determined by the ap19 propriate State), tobacco products, or alcoholic bev20 erages on school property under the jurisdiction of, or

21 on a vehicle operated by an employee or agent of, a

22 local educational agency, engaging in life threatening

23 behavior at school, or bringing weapons to schools;

24 and
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1 ‘‘(3) submit a report to Congress not later than

2 1 year after the date of enactment of the Safe Schools

3 Act of 1997 analyzing the strengths and problems

4 with the current approaches regarding disciplining

5 children with disabilities.

6 ‘‘SEC. 14604. DEFINITIONS.

7 ‘‘In this part:

8 ‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco9 holic beverage’ includes any beverage in liquid form

that contains not less than 1 10 ⁄2 of 1 percent of alcohol

11 by volume and is intended for human consumption.

12 ‘‘(2) ILLEGAL DRUG.—

13 ‘‘(A) IN GENERAL.—The term ‘illegal drug’

14 means a controlled substance (as that term is de15 fined in section 102(6) of the Controlled Sub16 stances Act (21 U.S.C. 802(6))), the possession of

17 which is unlawful under such Act (21 U.S.C. 801

18 et seq.) or the Controlled Substances Import and

19 Export Act (21 U.S.C. 951 et seq.).

20 ‘‘(B) EXCLUSION.—The term ‘illegal drug’

21 does not mean a controlled substance used pursu22 ant to a valid prescription or as authorized by

23 law.

24 ‘‘(3) ILLEGAL DRUG PARAPHERNALIA.—The term

25 ‘illegal drug paraphernalia’ means drug parapherna-
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1 lia (as that term is defined in section 422 of the Con2 trolled Substances Act (21 U.S.C. 863)), except that

3 the first sentence of section 422(d) of such Act shall

4 be applied by inserting ‘or under the Controlled Sub5 stances Import and Export Act (21 U.S.C. 951 et

6 seq.)’ before the period.

7 ‘‘(4) TOBACCO PRODUCT.—The term ‘tobacco

8 product’ means—

9 ‘‘(A) cigarettes and little cigars (as those

10 terms are defined in section 3 of the Federal Cig11 arette Labeling and Advertising Act (15 U.S.C.

12 1332));

13 ‘‘(B) cigars (as that term is defined in sec14 tion 5702 of the Internal Revenue Code of 1986);

15 ‘‘(C) pipe tobacco and loose rolling tobacco;

16 ‘‘(D) smokeless tobacco (as that term is de17 fined in section 9 of the Comprehensive Smoke18 less Tobacco and Health Education Act of 1986

19 (15 U.S.C. 4408)); and

20 ‘‘(E) any other form of tobacco intended for

21 human consumption.’’.

22 (b) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect 6 months after

24 the date of enactment of this Act.
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1 SEC. 526. APPLICABILITY TO DANGEROUS WEAPONS.

2 (a) WEAPONS COVERED.—Part F of title XIV of the

3 Elementary and Secondary Education Act of 1965 (20

4 U.S.C. 8921 et seq.), as amended by section 525 of this Act,

5 is amended—

6 (1) in section 14601—

7 (A) in subsection (b)—

8 (i) in paragraph (1)(A)(ii), by striking

9 ‘‘weapon’’ and inserting ‘‘dangerous weap10 on’’; and

11 (ii) by striking paragraph (4); and

12 (B) in subsection (c)(2)(C), by striking

13 ‘‘weapons’’ and inserting ‘‘dangerous weapons’’;

14 (2) in section 14602—

15 (A) in subsection (a), by striking ‘‘firearm

16 or weapon’’ and inserting ‘‘dangerous weapon’’;

17 and

18 (B) by striking subsection (b) and inserting

19 the following:

20 ‘‘(b) DEFINITION OF SCHOOL.—In this section, the

21 term ‘school’ has the meaning given that term in section

22 921(a) of title 18, United States Code.’’; and

23 (3) in section 14604, by adding at the end the

24 following:

25 ‘‘(5) DANGEROUS WEAPON.—The term ‘dan26 gerous weapon’ has the meaning given that term in
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1 section 930 of title 18, United States Code, provided

2 such term as used in this part does not include any

3 dangerous weapon possessed as a part of a course or

4 curriculum approved pursuant to State or local

5 laws.’’.

6 (b) EFFECTIVE DATE.—The amendments made by this

7 section shall take effect 6 months after the date of enactment

8 of this Act.

9 Subtitle B—Child Exploitation

10 Sentencing Enhancement

11 SEC. 531. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Child Exploitation

13 Sentencing Enhancement Act of 1997’’.

14 SEC. 532. DEFINITIONS.

15 In this subtitle:

16 (1) CHILD; CHILDREN.—The term ‘‘child’’ or

17 ‘‘children’’ means a minor or minors of an age speci18 fied in the applicable provision of title 18, United

19 States Code, that is subject to review under this sub20 title.

21 (2) MINOR.—The term ‘‘minor’’ means any indi22 vidual who has not attained the age of 18, except

23 that, with respect to references to section 2243 of title

24 18, United States Code, the term means an individual

25 described in subsection (a) of that section.
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1 SEC. 533. INCREASED PENALTIES FOR USE OF A COMPUTER

2 IN THE SEXUAL ABUSE OR EXPLOITATION OF

3 A CHILD.

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

5 28, United States Code, the United States Sentencing Com6 mission shall—

7 (1) review the Federal Sentencing Guidelines

8 for—

9 (A) aggravated sexual abuse under section

10 2241 of title 18, United States Code;

11 (B) sexual abuse under section 2242 of title

12 18, United States Code;

13 (C) sexual abuse of a minor or ward under

14 section 2243 of title 18, United States Code;

15 (D) coercion and enticement of a juvenile

16 under section 2422(b) of title 18, United States

17 Code; and

18 (E) transportation of minors under section

19 2423 of title 18, United States Code; and

20 (2) upon completion of the review under para21 graph (1), promulgate amendments to the Federal

22 Sentencing Guidelines to provide appropriate en23 hancement if the defendant used a computer with the

24 intent to persuade, induce, entice, or coerce a child of

25 an age specified in the applicable provision referred
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1 to in paragraph (1) to engage in any prohibited sex2 ual activity.

3 SEC. 534. INCREASED PENALTIES FOR KNOWING MISREPRE4 SENTATION IN THE SEXUAL ABUSE OR EX5 PLOITATION OF A CHILD.

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

7 28, United States Code, the United States Sentencing Com8 mission shall—

9 (1) review the Federal Sentencing Guidelines on

10 aggravated sexual abuse under section 2241 of title

11 18, United States Code, sexual abuse under section

12 2242 of title 18, United States Code, sexual abuse of

13 a minor or ward under section 2243 of title 18, Unit14 ed States Code, coercion and enticement of a juvenile

15 under section 2422(b) of title 18, United States Code,

16 and transportation of minors under section 2423 of

17 title 18, United States Code; and

18 (2) upon completion of the review under para19 graph (1), promulgate amendments to the Federal

20 Sentencing Guidelines to provide appropriate en21 hancement if the defendant knowingly misrepresented

22 the actual identity of the defendant with the intent to

23 persuade, induce, entice, or coerce a child of an age

24 specified in the applicable provision referred to in
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1 paragraph (1) to engage in a prohibited sexual activ2 ity.

3 SEC. 535. INCREASED PENALTIES FOR PATTERN OF ACTIV4 ITY OF SEXUAL EXPLOITATION OF CHILDREN.

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

6 28, United States Code, the United States Sentencing Com7 mission shall—

8 (1) review the Federal Sentencing Guidelines on

9 criminal sexual abuse, the production of sexually ex10 plicit material, the possession of materials depicting

11 a child engaging in sexually explicit conduct, coercion

12 and enticement of minors, and the transportation of

13 minors; and

14 (2) upon completion of the review under para15 graph (1), promulgate amendments to the Federal

16 Sentencing Guidelines to increase penalties applicable

17 to the offenses referred to in paragraph (1) in any

18 case in which the defendant engaged in a pattern of

19 activity involving the sexual abuse or exploitation of

20 a minor.

21 SEC. 536. REPEAT OFFENDERS; INCREASED MAXIMUM PEN22 ALTIES FOR TRANSPORTATION FOR ILLEGAL

23 SEXUAL ACTIVITY AND RELATED CRIMES.

24 (a) REPEAT OFFENDERS.—

25 (1) CHAPTER 117.—
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1 (A) IN GENERAL.—Chapter 117 of title 18,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘§ 2425. Repeat offenders

5 ‘‘(a) IN GENERAL.—Any person described in this sub6 section shall be subject to the punishment under subsection

7 (b). A person described in this subsection is a person who

8 violates a provision of this chapter, after one or more prior

9 convictions—

10 ‘‘(1) for an offense punishable under this chapter

11 or chapter 109A or 110; or

12 ‘‘(2) under any applicable law of a State relat13 ing to conduct punishable under this chapter or chap14 ter 109A or 110.

15 ‘‘(b) PUNISHMENT.—A violation of a provision of this

16 chapter by a person described in subsection (a) is punish17 able by a term of imprisonment of a period not to exceed

18 twice the period that would otherwise apply under this

19 chapter.’’.

20 (B) CONFORMING AMENDMENT.—The analy21 sis for chapter 117 of title 18, United States

22 Code, is amended by adding at the end the fol23 lowing:

‘‘2425. Repeat offenders.’’.

24 (2) CHAPTER 109A.—Section 2247 of title 18,

25 United States Code, is amended to read as follows:
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1 ‘‘§ 2247. Repeat offenders

2 ‘‘(a) IN GENERAL.—Any person described in this sub3 section shall be subject to the punishment under subsection

4 (b). A person described in this subsection is a person who

5 violates a provision of this chapter, after one or more prior

6 convictions—

7 ‘‘(1) for an offense punishable under this chapter

8 or chapter 110 or 117; or

9 ‘‘(2) under any applicable law of a State relat10 ing to conduct punishable under this chapter, or

11 chapter 110 or 117.

12 ‘‘(b) PUNISHMENT.—A violation of a provision of this

13 chapter by a person described in subsection (a) is punish14 able by a term of imprisonment of a period not to exceed

15 twice the period that would otherwise apply under this

16 chapter.’’.

17 (b) INCREASED MAXIMUM PENALTIES FOR TRANSPOR18 TATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED

19 CRIMES.—

20 (1) TRANSPORTATION GENERALLY.—Section

21 2421 of title 18, United States Code, is amended by

22 striking ‘‘five’’ and inserting ‘‘10’’.

23 (2) COERCION AND ENTICEMENT OF MINORS.—

24 Section 2422 of title 18, United States Code, is

25 amended—
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1 (A) in subsection (a), by striking ‘‘five’’ and

2 inserting ‘‘10’’; and

3 (B) in subsection (b), by striking ‘‘10’’ and

4 inserting ‘‘15’’.

5 (3) TRANSPORTATION OF MINORS.—Section 2423

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

7 (A) in subsection (a), by striking ‘‘ten’’ and

8 inserting ‘‘15’’; and

9 (B) in subsection (b), by striking ‘‘10’’ and

10 inserting ‘‘15’’.

11 (c) AMENDMENT OF SENTENCING GUIDELINES.—Pur12 suant to its authority under section 994(p) of title 28, Unit13 ed States Code, the United States Sentencing Commission

14 shall—

15 (1) review the Federal Sentencing Guidelines re16 lating to chapter 117 of title 18, United States Code;

17 and

18 (2) upon completion of the review under para19 graph (1), promulgate such amendments to the Fed20 eral Sentencing Guidelines as are necessary to pro21 vide for the amendments made by this section.
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1 SEC. 537. CLARIFICATION OF DEFINITION OF DISTRIBU2 TION OF PORNOGRAPHY.

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

4 28, United States Code, the United States Sentencing Com5 mission shall—

6 (1) review the Federal Sentencing Guidelines re7 lating to the distribution of pornography covered

8 under chapter 110 of title 18, United States Code, re9 lating to the sexual exploitation and other abuse of

10 children; and

11 (2) upon completion of the review under para12 graph (1), promulgate such amendments to the Fed13 eral Sentencing Guidelines as are necessary to clarify

14 that the term ‘‘distribution of pornography’’ applies

15 to the distribution of pornography—

16 (A) for monetary remuneration; or

17 (B) for a nonpecuniary interest.

18 SEC. 538. DIRECTIVE TO THE UNITED STATES SENTENCING

19 COMMISSION.

20 In carrying out this subtitle, the United States Sen21 tencing Commission shall—

22 (1) with respect to any action relating to the

23 Federal Sentencing Guidelines subject to this subtitle,

24 ensure reasonable consistency with other guidelines of

25 the Federal Sentencing Guidelines; and
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1 (2) with respect to an offense subject to the Fed2 eral Sentencing Guidelines, avoid duplicative punish3 ment under the guidelines for substantially the same

4 offense.

5 SEC. 539. AUTHORIZATION FOR GUARDIANS AD LITEM.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to the Department of Justice,

8 for the purpose specified in subsection (b), such sums as

9 may be necessary for each of fiscal years 1998 through 2001.

10 (b) PURPOSE.—The purpose specified in this sub11 section is the procurement, in accordance with section

12 3509(h) of title 18, United States Code, of the services of

13 individuals with sufficient professional training, experi14 ence, and familiarity with the criminal justice system, so15 cial service programs, and child abuse issues to serve as

16 guardians ad litem for children who are the victims of, or

17 witnesses to, a crime involving abuse or exploitation.

18 SEC. 540. APPLICABILITY.

19 This subtitle and the amendments made by this sub20 title shall apply to any action that commences on or after

21 the date of enactment of this Act.