II

105TH CONGRESS

1ST SESSION S. 15

To control youth violence, crime, and drug abuse, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. DASCHLE (for himself, Mr. BIDEN, Mr. LEAHY, Mr. KOHL, Mr. BREAUX,

Mr. FORD, Ms. MIKULSKI, Mr. DODD, Mr. DURBIN, Mr. KERRY, Mr.

LEVIN, Ms. LANDRIEU, Mr. TORRICELLI, Ms. MOSELEY-BRAUN, Mr.

GLENN, and Mr. ROCKEFELLER) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To control youth violence, crime, and drug abuse, and for

other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Youth Violence, Crime, and Drug Abuse Control Act of

6 1997’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.
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TITLE I—CRIME CONTROL

Subtitle A—More Police Officers on the Beat

Sec. 101. More police officers on the beat.

Sec. 102. Grants for equipment, technology, and support systems.

Sec. 103. National community police telecommunications.

Sec. 104. Technical amendment.

Subtitle B—Violent Offender Incarceration and Truth-in-Sentencing Grants

Sec. 121. Formula allocations.

Sec. 122. Extension of violent offender incarceration and truth-in-sentencing

grants.

Subtitle C—Domestic Violence

Sec. 131. Extension of Violence Against Women Act.

Sec. 132. Rural domestic violence and child abuse enforcement assistance.

Subtitle D—Assistance to Local Law Enforcement

Sec. 141. Extension of law enforcement family support funding.

Sec. 142. Extension of rural drug enforcement and training funding.

Sec. 143. Extension of DNA identification grants funding.

Sec. 144. Extension of Byrne grant funding.

Sec. 145. Extension of technical automation grant funding.

Sec. 146. Extension of grants for State court prosecutors.

TITLE II—YOUTH VIOLENCE CONTROL

Subtitle A—Federal Juvenile Prosecutions

Sec. 201. Increased detention, mandatory restitution, and additional sentencing

options for youth offenders.

Sec. 202. Access to records.

Sec. 203. Reinstituting dismissed cases.

Subtitle B—Assistance to States for Prosecuting and Punishing Youth

Offenders

Sec. 214. Juvenile and violent offender incarceration grants.

Sec. 215. Certain punishment and graduated sanctions for youth offenders.

Subtitle C—Juvenile Gun Courts

Sec. 221. Definitions.

Sec. 222. Grant program.

Sec. 223. Applications.

Sec. 224. Grant awards.

Sec. 225. Use of grant amounts.

Sec. 226. Grant limitations.

Sec. 227. Federal share.

Sec. 228. Report and evaluation.

Sec. 229. Authorization of appropriations.

Subtitle D—Gang Violence Reduction

PART 1—ENHANCED PENALTIES FOR GANG-RELATED ACTIVITIES
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Sec. 241. Gang franchising.

Sec. 242. Gang franchising as RICO predicate.

Sec. 243. Increase in offense level for participation in crime as gang member.

Sec. 244. Increasing the penalty for using physical force to tamper with witnesses, victims, or informants.

Sec. 245. Possession of firearms in relation to counts of violence or drug trafficking crimes.

Sec. 246. Increased penalty for transferring a firearm to a minor for use in a

crime.

Sec. 247. Elimination of statute of limitations for murder.

Sec. 248. Extension of statute of limitations for violent and drug trafficking

crimes.

PART 2—GANG PARAPHERNALIA

Sec. 251. Enhancing law enforcement access to clone numeric pagers.

Sec. 252. Prohibitions relating to body armor.

Sec. 253. Prohibitions relating to laser sighting devices.

Subtitle E—Rights of Victims in State Juvenile Courts

Sec. 261. State guidelines.

TITLE III—PREVENTION AND TREATMENT OF YOUTH DRUG

ABUSE AND ADDICTION

Subtitle A—Protecting Youth From Dangerous Drugs

Sec. 301. Rescheduling of ‘‘club’’ drugs.

Subtitle B—Development of Medicines for the Treatment of Drug Addiction

PART 1—PHARMACOTHERAPY RESEARCH

Sec. 321. Reauthorization for medication development program.

PART 2—PATENT PROTECTIONS FOR PHARMACOTHERAPIES

Sec. 331. Recommendation for investigation of drugs.

Sec. 332. Designation of drugs.

Sec. 333. Protection for drugs.

Sec. 334. Open protocols for investigations of drugs.

PART 3—ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF

PHARMACOTHERAPIES

Sec. 341. Development, manufacture, and procurement of drugs for the treatment of addiction to illegal drugs.

Subtitle C—Prevention and Treatment Programs

PART 1—COMPREHENSIVE DRUG EDUCATION

Sec. 351. Extension of safe and drug-free schools and communities program.

PART 2—DRUG COURTS

Sec. 361. Reauthorization of drug courts program.

Sec. 362. Juvenile drug courts.
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PART 3—DRUG TREATMENT

Sec. 371. Drug treatment for juveniles.

Subtitle D—National Drug Control Policy

Sec. 381. Reauthorization of Office of National Drug Control Policy.

Sec. 382. Study on effects of California and Arizona drug initiatives.

Subtitle E—Penalty Enhancements

Sec. 391. Increased penalties for using Federal property to grow or manufacture controlled substances.

Sec. 392. Technical correction to ensure compliance of Federal sentencing

guidelines with Federal law.

TITLE IV—PROTECTING YOUTH FROM VIOLENT CRIME

Subtitle A—Grants for Youth Organizations

Sec. 401. Grant program.

Sec. 402. Grants to national organizations.

Sec. 403. Grants to States.

Sec. 404. Allocation; grant limitation.

Sec. 405. Report and evaluation.

Sec. 406. Authorization of appropriations.

Subtitle B—‘‘Say No to Drugs’’ Community Centers Act of 1997

Sec. 421. Short title; definitions.

Sec. 422. Grant requirements.

Sec. 423. Authorization of appropriations.

Subtitle C—Missing Children

Sec. 431. Amendments to the Missing Children’s Assistance Act.

TITLE V—IMPROVING YOUTH CRIME AND DRUG PREVENTION

Subtitle A—Comprehensive Study of Federal Prevention Efforts

Sec. 501. Study by national academy of science.

Subtitle B—Evaluation Mandate for Authorized Programs

Sec. 522. Evaluation of crime prevention programs.

Sec. 523. Evaluation and research criteria.

Sec. 524. Compliance with evaluation mandate.

Sec. 525. Reservation of amounts for evaluation and research.

Subtitle C—Elimination of Ineffective Programs

Sec. 531. Sense of Senate regarding funding for programs determined to be ineffective.

TITLE VI—EXTENSION OF VIOLENT CRIME REDUCTION TRUST

FUND

Sec. 601. Extension of violent crime reduction trust fund.
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1 SEC. 2. DEFINITIONS.

2 In this Act—

3 (1) the term ‘‘Attorney General’’ means the At4 torney General of the United States;

5 (2) the term ‘‘Indian tribe’’ means a tribe,

6 band, pueblo, nation, or other organized group or

7 community of Indians, including an Alaska Native

8 village (as defined in or established under the Alaska

9 Native Claims Settlement Act (43 U.S.C. 1601 et

10 seq.)), that is recognized as eligible for the special

11 programs and services provided by the United States

12 to Indians because of their status as Indians;

13 (3) the term ‘‘juvenile’’ has the meaning given

14 that term under applicable State law;

15 (4) the term ‘‘State’’ means any State of the

16 United States, the District of Columbia, the Com17 monwealth of Puerto Rico, the Virgin Islands, Amer18 ican Samoa, Guam, and the Northern Mariana Is19 lands;

20 (5) the term ‘‘unit of local government’’ means

21 any city, county, township, borough, parish, or other

22 entity exercising governmental power under State

23 law;

24 (6) the term ‘‘Violent Crime Reduction Trust

25 Fund’’ means the fund established under title XXXI
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1 of the Violent Crime Control and Law Enforcement

2 Act of 1994 (42 U.S.C. 14211 et seq.); and

3 (7) the term ‘‘youth’’ means a person who is

4 not younger than 5 and not older than 18 years of

5 age.

6 TITLE I—CRIME CONTROL

7 Subtitle A—More Police Officers on

8 the Beat

9 SEC. 101. MORE POLICE OFFICERS ON THE BEAT.

10 Section 1001(a)(11)(A) of title I of the Omnibus

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

12 3793(a)(11)(A)) is amended—

13 (1) in clause (v), by striking ‘‘and’’ at the end;

14 (2) in clause (vi), by striking the period at the

15 end and inserting a semicolon; and

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

17 ‘‘(vii) $1,240,000,000 for fiscal year 2001; and

18 ‘‘(viii) $1,240,000,000 for fiscal year 2002.’’.

19 SEC. 102. GRANTS FOR EQUIPMENT, TECHNOLOGY, AND

20 SUPPORT SYSTEMS.

21 Section 1701(b)(2)(A) of title I of the Omnibus

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

23 3796dd) is amended to read as follows:
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1 ‘‘(A) may not exceed 20 percent of the

2 funds available for grants pursuant to this sub3 section in any fiscal year.’’.

4 SEC. 103. NATIONAL COMMUNITY POLICE TELECOMMUNI5 CATIONS.

6 Part Q of title I of the Omnibus Crime Control and

7 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is

8 amended by adding at the end the following:

9 ‘‘SEC. 1710. NATIONAL POLICE TELECOMMUNICATIONS.

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

11 ‘‘(1) police departments and sheriffs confirm

12 that the 911 system is overloaded and that a large

13 percentage of those calls are nonemergency calls;

14 ‘‘(2) many communities have seen increases in

15 their 911 call volumes of between 40 percent and 50

16 percent annually;

17 ‘‘(3) police officers are forced to spend too

18 much time responding to nonemergency situations,

19 which eliminates time for proactive community polic20 ing; and

21 ‘‘(4) efforts to limit the use of 911 by using

22 general telephone numbers and educating the public

23 to reference a general number in the telephone book

24 have been ineffective.

25 ‘‘(b) PURPOSE.—The purposes of this section are—
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1 ‘‘(1) to encourage the Federal Communications

2 Commission to reserve the 311 nonemergency num3 ber on a national basis for use by public safety agen4 cies in responding to nonemergency police telephone

5 calls; and

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

7 to assist States and localities in establishing 311

8 nonemergency systems and to educate citizens in the

9 use of 911 and 311.

10 ‘‘(c) AUTHORITY TO MAKE 311 NONEMERGENCY

11 GRANTS.—The Attorney General, acting through the Di12 rector of the Office of Community Oriented Policing Serv13 ices, may make grants to States, units of local govern14 ments, Indian tribal governments, other public and private

15 entities, and multijurisdictional or regional consortia, to

16 encourage the use of and to implement 311 nonemergency

17 telecommunication systems for public safety.

18 ‘‘(d) GENERAL REGULATORY AUTHORITY.—The At19 torney General may promulgate regulations and guidelines

20 to carry out this section.

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated from the Violent Crime

23 Reduction Trust Fund to carry out this section—

24 ‘‘(1) such sums as may be necessary for each

25 of the fiscal years 1998 through 2000; and
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1 ‘‘(2) $10,000,000 in each of the fiscal years

2 2001 and 2002.’’.

3 SEC. 104. TECHNICAL AMENDMENT.

4 Section 1001(a)(11)(B) of title I of the Omnibus

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

6 3793) is amended by striking ‘‘150,000’’ each place it ap7 pears and inserting ‘‘100,000’’.

8 Subtitle B—Violent Offender Incar9 ceration and Truth-in-Sentenc10 ing Grants

11 SEC. 121. FORMULA ALLOCATIONS.

12 Section 20106 of the Violent Crime Control and Law

13 Enforcement Act of 1994 (42 U.S.C. 13706) is amend14 ed—

15 (1) in subsection (a)(1), by striking subpara16 graph (B) and inserting the following:

17 ‘‘(B) FORMULA ALLOCATION.—The

18 amount remaining after application of subpara19 graph (A) shall be allocated as follows:

20 ‘‘(i) 0.75 percent shall be allocated to

21 each State that meets the requirements of

22 section 20103(b), except that the United

23 States Virgin Islands, American Samoa,

24 Guam, and the Commonwealth of the

25 Northern Mariana Islands, if eligible under
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1 section 20103(b), shall each be allocated

2 0.05 percent.

3 ‘‘(ii) The amount remaining after ap4 plication of clause (i) shall be allocated to

5 each State that meets the requirements of

6 section 20103(b), in the ratio that the

7 number of part 1 violent crimes reported

8 by such State to the Federal Bureau of In9 vestigation for the 3 years preceding the

10 year in which the determination is made,

11 bears to the average annual number of

12 part 1 violent crimes reported by all States

13 that meet the requirements of section

14 20103(b) to the Federal Bureau of Inves15 tigation for the 3 years preceding the year

16 in which the determination is made.’’; and

17 (2) by striking subsection (b) and inserting the

18 following:

19 ‘‘(b) ALLOCATION OF TRUTH-IN-SENTENCING

20 GRANTS UNDER SECTION 20104.—The amounts available

21 for grants under section 20104 shall be allocated as fol22 lows:

23 ‘‘(1) FORMULA ALLOCATION.—0.75 percent

24 shall be allocated to each State that meets the re25 quirements of section 20104, except that the United
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1 States Virgin Islands, American Samoa, Guam, and

2 the Commonwealth of the Northern Mariana Is3 lands, if eligible under section 20104, shall each be

4 allocated 0.05 percent.

5 ‘‘(2) ADDITIONAL ALLOCATION.—The amount

6 remaining after application of paragraph (1) shall be

7 allocated to each State that meets the requirements

8 of section 20104, in the ratio that the number of

9 part 1 violent crimes reported by such State to the

10 Federal Bureau of Investigation for the 3 years pre11 ceding the year in which the determination is made,

12 bears to the average annual number of part 1 violent

13 crimes reported by all States that meet the require14 ments of section 20103(b) to the Federal Bureau of

15 Investigation for the 3 years preceding the year in

16 which the determination is made.’’.

17 SEC. 122. EXTENSION OF VIOLENT OFFENDER INCARCER18 ATION AND TRUTH-IN-SENTENCING GRANTS.

19 (a) VIOLENT OFFENDER INCARCERATION GRANTS.—

20 Section 20108(a) of the Violent Crime Control and Law

21 Enforcement Act of 1994 (42 U.S.C. 13708(a)) is amend22 ed—

23 (1) in paragraph (1)—

24 (A) in subparagraph (D), by striking

25 ‘‘and’’ at the end;
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1 (B) in subparagraph (E), by striking the

2 period at the end and inserting a semicolon;

3 and

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

5 ‘‘(F) $2,750,000,000 for fiscal year 2001;

6 and

7 ‘‘(G) $2,750,000,000 for fiscal year

8 2002.’’; and

9 (2) in paragraph (2)(A), by striking ‘‘fiscal

10 year,’’ and all that follows before the period and in11 serting the following: ‘‘fiscal year distribute 45 per12 cent for incarceration grants under section 20103,

13 45 percent for incentive grants under section 20104,

14 and 10 percent for violent juvenile offender incarcer15 ation grants under section 214 of the Youth Vio16 lence, Crime, and Drug Abuse Control Act of

17 1997.’’.

18 (b) TRUTH IN SENTENCING GRANTS.—Section

19 20102(a) of the Violent Crime Control and Law Enforce20 ment Act of 1994 (42 U.S.C. 13702(a)) is amended—

21 (1) in paragraph (2), by striking ‘‘and’’ at the

22 end;

23 (2) in paragraph (3), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(4) for hiring professional staff to supervise

2 violent offenders following release from custody and

3 officers of the court to speed the prosecution of vio4 lent offenders.’’.

5 Subtitle C—Domestic Violence

6 SEC. 131. EXTENSION OF VIOLENCE AGAINST WOMEN ACT.

7 (a) GRANTS TO COMBAT VIOLENT CRIMES AGAINST

8 WOMEN.—Section 1001(a)(18) of title I of the Omnibus

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

10 3793(a)(18)) is amended—

11 (1) in subparagraph (E), by striking ‘‘and’’ at

12 the end;

13 (2) in subparagraph (F), by inserting ‘‘and’’ at

14 the end; and

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

16 ‘‘(G) $174,000,000 for fiscal year 2001; and

17 ‘‘(H) $174,000,000 for fiscal year 2002.’’.

18 (b) EDUCATION AND PREVENTION GRANTS TO RE19 DUCE SEXUAL ASSAULTS AGAINST WOMEN.—

20 (1) IN GENERAL.—Section 40151 of Public

21 Law 103–322 (108 Stat. 1920) is amended by strik22 ing ‘‘Health and Human Services’’ and inserting

23 ‘‘Health Service’’.

24 (2) AMENDMENT.—Section 1910A(c) of the

25 Public Health Service Act is amended—
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1 (A) in paragraph (4), by striking ‘‘and’’ at

2 the end; and

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

4 ‘‘(6) $45,000,000 for fiscal year 2001; and

5 ‘‘(7) $45,000,000 for fiscal year 2002.’’.

6 (c) GRANT FOR NATIONAL DOMESTIC VIOLENCE

7 HOTLINE.—Section 316(f) of the Family Violence Preven8 tion and Services Act (42 U.S.C. 10401) is amended—

9 (1) in subparagraph (E), by striking ‘‘and’’ at

10 the end;

11 (2) in subparagraph (F), by adding ‘‘and’’ at

12 the end; and

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

14 ‘‘(G) $500,000 for fiscal year 2001; and

15 ‘‘(H) $500,000 for fiscal year 2002.’’.

16 (d) GRANTS FOR BATTERED WOMEN’S SHELTERS.—

17 Section 310(a) of the Family Violence Prevention and

18 Services Act (42 U.S.C. 10409(a)) is amended—

19 (1) in paragraph (4), by striking ‘‘and’’ at the

20 end;

21 (2) in paragraph (5), by adding ‘‘and’’ at the

22 end; and

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

24 ‘‘(6) $72,500,000 for fiscal year 2001; and

25 ‘‘(7) $72,500,000 for fiscal year 2002.’’.
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1 (e) VICTIMS OF CHILD ABUSE PROGRAMS.—Section

2 218(a) of the Victims of Child Abuse Act of 1990 (42

3 U.S.C. 13014(a)) is amended—

4 (1) in paragraph (4), by striking ‘‘and’’ at the

5 end;

6 (2) in paragraph (5), by adding ‘‘and’’ at the

7 end; and

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

9 ‘‘(6) $10,000,000 for fiscal year 2001; and

10 ‘‘(7) $10,000,000 for fiscal year 2002.’’.

11 SEC. 132. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

12 ENFORCEMENT ASSISTANCE.

13 Section 1501(b) of title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b))

15 is amended by striking ‘‘through fiscal year 1997’’ and

16 inserting ‘‘or a State that has a population density of more

17 than 60 percent (as defined by the Bureau of the Census

18 of the Department of Commerce)’’.

19 Subtitle D—Assistance to Local

20 Law Enforcement

21 SEC. 141. EXTENSION OF LAW ENFORCEMENT FAMILY SUP22 PORT FUNDING.

23 Section 1001(a)(21) of title I of the Omnibus Crime

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

25 3793(a)(21)) is amended—
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1 (1) by redesignating paragraphs (1) through

2 (5) as subparagraphs (A) through (E), respectively;

3 (2) in subparagraph (D), as redesignated, by

4 striking ‘‘and’’ at the end;

5 (3) in subparagraph (E), as redesignated, by

6 striking the period at the end and inserting a semi7 colon; and

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

9 ‘‘(F) $7,500,000 for fiscal year 2001; and

10 ‘‘(G) $7,500,000 for fiscal year 2002.’’.

11 SEC. 142. EXTENSION OF RURAL DRUG ENFORCEMENT AND

12 TRAINING FUNDING.

13 (a) OMNIBUS CRIME CONTROL AND SAFE STREETS

14 ACT OF 1968.—Section 1001(a)(9) of title I of the Omni15 bus Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3793(a)(9)) is amended—

17 (1) in subparagraph (D), by striking ‘‘and’’ at

18 the end;

19 (2) in subparagraph (E), by striking the period

20 at the end and inserting a semicolon; and

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

22 ‘‘(F) $66,000,000 for fiscal year 2001; and

23 ‘‘(G) $66,000,000 for fiscal year 2002.’’.

24 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE25 MENT ACT OF 1994.—Section 18103(b) of the Violent
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1 Crime Control and Law Enforcement Act of 1994 (42

2 U.S.C. 14082(b)) is amended—

3 (1) in paragraph (4), by striking ‘‘and’’ at the

4 end;

5 (2) in paragraph (5), by striking the period at

6 the end and inserting a semicolon; and

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

8 ‘‘(6) $1,000,000 for fiscal year 2001; and

9 ‘‘(7) $1,000,000 for fiscal year 2002.’’.

10 SEC. 143. EXTENSION OF DNA IDENTIFICATION GRANTS

11 FUNDING.

12 Section 1001(a) of title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a))

14 is amended—

15 (1) by redesignating paragraphs (16) through

16 (22) as paragraphs (12) through (17), respectively;

17 and

18 (2) in paragraph (17), as redesignated—

19 (A) by redesignating paragraphs (1)

20 through (5) as subparagraphs (A) through (E),

21 respectively;

22 (B) in subparagraph (D), as redesignated,

23 by striking ‘‘and’’ at the end;
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1 (C) in subparagraph (E), as redesignated,

2 by striking the period at the end and inserting

3 a semicolon; and

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

5 ‘‘(F) $17,500,000 for fiscal year 2001; and

6 ‘‘(G) $17,500,000 for fiscal year 2002.’’.

7 SEC. 144. EXTENSION OF BYRNE GRANT FUNDING.

8 Section 210101 of the Violent Crime Control and

9 Law Enforcement Act of 1994 (Public Law 103–322; 108

10 Stat. 2061) is amended—

11 (1) by striking ‘‘through 2000’’ and inserting

12 ‘‘through 2002’’;

13 (2) in paragraph (5), by striking ‘‘and’’ at the

14 end;

15 (3) in paragraph (6), by striking the period at

16 the end and inserting a semicolon; and

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

18 ‘‘(7) $200,000,000 for fiscal year 2001; and

19 ‘‘(8) $200,000,000 for fiscal year 2002.’’.

20 SEC. 145. EXTENSION OF TECHNICAL AUTOMATION GRANT

21 FUNDING.

22 Section 210501(c) of the Violent Crime Control and

23 Law Enforcement Act of 1994 (42 U.S.C. 14151(c)) is

24 amended—

25 (1) in paragraph (1)—
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1 (A) in subparagraph (D), by striking

2 ‘‘and’’ at the end;

3 (B) in subparagraph (E), by striking the

4 period at the end and inserting a semicolon;

5 and

6 (C) by adding at the end the following:

7 ‘‘(F) for fiscal year 2001, $24,000,000;

8 and

9 ‘‘(G) for fiscal year 2002, $24,000,000;’’;

10 and

11 (2) in paragraph (2)—

12 (A) in subparagraph (D), by striking

13 ‘‘and’’ at the end;

14 (B) in subparagraph (E), by striking the

15 period at the end and inserting a semicolon;

16 and

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

18 ‘‘(F) for fiscal year 2001, $6,000,000; and

19 ‘‘(G) for fiscal year 2002, $6,000,000;

20 and’’.

21 SEC. 146. EXTENSION OF GRANTS FOR STATE COURT PROS22 ECUTORS.

23 Section 21602 of the Violent Crime Control and Law

24 Enforcement Act of 1994 (42 U.S.C. 14161) is amend25 ed—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘other criminal justice par3 ticipants’’ and inserting ‘‘other criminal justice

4 participants, in both the adult and juvenile sys5 tems,’’;

6 (B) by striking ‘‘this Act’’ and all that fol7 lows before the period at the end of the section

8 and inserting ‘‘this Act, the Youth Violence,

9 Crime, and Drug Abuse Control Act of 1997,

10 and amendments thereto’’;

11 (2) by redesignating subsection (d) as sub12 section (e);

13 (3) by inserting after subsection (c) the follow14 ing:

15 ‘‘(d) Not less than 20 percent of the total amount

16 appropriated to carry out this subtitle in each of the fiscal

17 years 2001 and 2002 shall be made available for providing

18 increased resources to State juvenile courts systems, juve19 nile prosecutors, juvenile public defenders, and other juve20 nile court system participants.’’;

21 (4) in subsection (e)—

22 (A) in paragraph (4), by striking ‘‘and’’ at

23 the end;
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1 (B) in paragraph (5), by striking the

2 comma at the end and inserting a semicolon;

3 and

4 (C) by inserting immediately after para5 graph (5) the following:

6 ‘‘(6) $250,000,000 for fiscal year 2001; and

7 ‘‘(7) $250,000,000 for fiscal year 2002,’’.

8 TITLE II—YOUTH VIOLENCE

9 CONTROL

10 Subtitle A—Federal Juvenile

11 Prosecutions

12 SEC. 201. INCREASED DETENTION, MANDATORY RESTITU13 TION, AND ADDITIONAL SENTENCING OP14 TIONS FOR YOUTH OFFENDERS.

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

16 amended to read as follows:

17 ‘‘§ 5037. Dispositional hearing

18 ‘‘(a) IN GENERAL.—

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

20 5032(a), if the court finds a juvenile to be a juvenile

21 delinquent, the court shall hold a hearing concerning

22 the appropriate disposition of the juvenile not later

23 than 20 court days after the finding of juvenile de24 linquency unless the court has ordered further study

25 pursuant to subsection (e).
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1 ‘‘(2) REPORT.—A predisposition report shall be

2 prepared by the probation officer who shall promptly

3 provide a copy to the juvenile, the attorney for the

4 juvenile, and the attorney for the government.

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

6 impact information shall be included in the report,

7 and victims, or in appropriate cases their official

8 representatives, shall be provided the opportunity to

9 make a statement to the court in person or present

10 any information in relation to the disposition.

11 ‘‘(4) ORDER OF RESTITUTION.—After the

12 dispositional hearing, and after considering any per13 tinent policy statements promulgated by the Sen14 tencing Commission pursuant to 994, of title 28, the

15 court shall enter an order of restitution pursuant to

16 section 3556, and may suspend the findings of juve17 nile delinquency, place the juvenile on probation,

18 commit the juvenile to official detention (including

19 the possibility of a term of supervised release), and

20 impose any fine that would be authorized if the juve21 nile had been tried and convicted as an adult.

22 ‘‘(5) RELEASE OR DETENTION.—With respect

23 to release or detention pending an appeal or a peti24 tion for a writ of certiorari after disposition, the
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1 court shall proceed pursuant to the provisions of

2 chapter 207.

3 ‘‘(b) TERM OF PROBATION.—The term for which pro4 bation may be ordered for a juvenile found to be a juvenile

5 delinquent may not extend beyond the maximum term that

6 would be authorized by section 3561(c) if the juvenile had

7 been tried and convicted as an adult. Sections 3563, 3564,

8 and 3565 are applicable to an order placing a juvenile on

9 probation.

10 ‘‘(c) TERM OF OFFICIAL DETENTION.—

11 ‘‘(1) MAXIMUM TERM.—The term for which of12 ficial detention may be ordered for a juvenile found

13 to be a juvenile delinquent may not extend beyond

14 the lesser of—

15 ‘‘(A) the maximum term of imprisonment

16 that would be authorized if the juvenile had

17 been tried and convicted as an adult;

18 ‘‘(B) 10 years; or

19 ‘‘(C) the date on which the juvenile

20 achieves the age of 26.

21 ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.—

22 Section 3624 shall apply to an order placing a juve23 nile in detention.

24 ‘‘(d) TERM OF SUPERVISED RELEASE.—The term for

25 which supervised release may be ordered for a juvenile
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1 found to be a juvenile delinquent may not extend beyond

2 5 years. Subsections (c) through (i) of section 3583 shall

3 apply to an order placing a juvenile on supervised release.

4 ‘‘(e) CUSTODY OF ATTORNEY GENERAL.—

5 ‘‘(1) IN GENERAL.—If the court desires more

6 detailed information concerning a juvenile alleged to

7 have committed an act of juvenile delinquency or a

8 juvenile adjudicated delinquent, it may commit the

9 juvenile, after notice and hearing at which the juve10 nile is represented by an attorney, to the custody of

11 the Attorney General for observation and study by

12 an appropriate agency or entity.

13 ‘‘(2) OUTPATIENT BASIS.—Any observation and

14 study pursuant to a commission under paragraph

15 (1) shall be conducted on an outpatient basis, unless

16 the court determines that inpatient observation and

17 study are necessary to obtain the desired informa18 tion, except that in the case of an alleged juvenile

19 delinquent, inpatient study may be ordered with the

20 consent of the juvenile and the attorney for the juve21 nile.

22 ‘‘(3) CONTENTS OF STUDY.—The agency or en23 tity conducting an observation or study under this
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1 subsection shall make a complete study of the al2 leged or adjudicated delinquent to ascertain the per3 sonal traits, capabilities, background, any prior de4 linquency or criminal experience, any mental or

5 physical defect, and any other relevant factors per6 taining to the juvenile.

7 ‘‘(4) SUBMISSION OF RESULTS.—The Attorney

8 General shall submit to the court and the attorneys

9 for the juvenile and the government the results of

10 the study not later than 30 days after the commit11 ment of the juvenile, unless the court grants addi12 tional time.

13 ‘‘(5) EXCLUSION OF TIME.—Any time spent in

14 custody under this subsection shall be excluded for

15 purposes of section 5036.

16 ‘‘(f) CONVICTION AS ADULT.—With respect to any

17 juvenile prosecuted and convicted as an adult under sec18 tion 5032(c), the court may, pursuant to guidelines pro19 mulgated by the United States Sentencing Commission

20 under section 994 of title 28, determine to treat the con21 viction as an adjudication of delinquency and impose any

22 disposition authorized under this section. The United

23 States Sentencing Commission shall promulgate such

24 guidelines as soon as practicable and not later than 1 year

25 after the date of enactment of this Act.’’.
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1 SEC. 202. ACCESS TO RECORDS.

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

3 amended—

4 (1) in subsection (a)—

5 (A) by striking the language preceding the

6 colon and inserting the following:

7 ‘‘Throughout and upon completion of the juvenile de8 linquency proceeding, the court records of the original pro9 ceeding shall be safeguarded from disclosure to unauthor10 ized persons. The records shall be released to the extent

11 necessary to meet the following circumstances’’; and

12 (B) in subsection (a), by striking para13 graph (6) and inserting the following:

14 ‘‘(6) inquiries from any victim of such juvenile

15 delinquency, or in appropriate cases with the attor16 ney for the victim, or, if the victim is deceased, from

17 the immediate family of such victim in order to ap18 prise such person of the status or disposition of the

19 proceeding;’’;

20 (2) by striking subsections (d) and (f) and re21 designating subsection (e) as subsection (d); and

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

23 ‘‘(e) RECORDS AND INFORMATION.—If a juvenile has

24 been adjudicated delinquent for an act that, if committed

25 by an adult, would be a felony or for a violation of section

26 922(x)—
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1 ‘‘(1) the juvenile shall be fingerprinted and pho2 tographed, and the fingerprints and photograph

3 shall be sent to the Federal Bureau of Investigation;

4 ‘‘(2) the court shall transmit to the Federal Bu5 reau of Investigation the information concerning the

6 adjudication, including name, date of adjudication,

7 court, offenses, and sentence, along with the nota8 tion that the matter was a juvenile adjudication; and

9 ‘‘(3) access to the fingerprints, photograph, and

10 other records and information relating to a juvenile

11 described in this subsection, shall be restricted as

12 prescribed by subsection (a).’’.

13 SEC. 203. REINSTITUTING DISMISSED CASES.

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

15 amended by striking the last sentence and inserting the

16 following: ‘‘In determining whether an information should

17 be dismissed with or without prejudice, the court shall con18 sider the seriousness of the offense, the facts and cir19 cumstances of the case that led to the dismissal, and the

20 impact of a reprosecution on the administration of jus21 tice.’’.
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1 Subtitle B—Assistance to States for

2 Prosecuting and Punishing

3 Youth Offenders

4 SEC. 214. JUVENILE AND VIOLENT OFFENDER INCARCER5 ATION GRANTS.

6 (a) GRANTS FOR VIOLENT AND CHRONIC JUVENILE

7 FACILITIES.—

8 (1) DEFINITIONS.—In this subsection—

9 (A) the term ‘‘colocated facility’’ means the

10 location of adult and juvenile facilities on the

11 same property consistent with regulations is12 sued by the Attorney General to ensure that

13 adults and juveniles are substantially seg14 regated;

15 (B) the term ‘‘substantially segregated’’

16 means—

17 (i) complete sight and sound separa18 tion in residential confinement;

19 (ii) use of shared direct care and

20 management staff, properly trained and

21 certified by the State to interact with juve22 nile offenders, if the staff does not interact

23 with adult and juvenile offenders during

24 the same shift; and
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1 (iii) incidental contact during trans2 portation to court proceedings and other

3 activities in accordance with regulations is4 sued by the Attorney General to ensure

5 reasonable efforts are made to segregate

6 adults and juveniles;

7 (C) the term ‘‘violent juvenile offender’’

8 means a person under the age of majority pur9 suant to State law that has been adjudicated

10 delinquent or convicted in adult court of a vio11 lent felony as defined in section 924(e)(2)(B) of

12 title 18, United States Code; and

13 (D) the term ‘‘qualifying State’’ means a

14 State that has submitted, or a State in which

15 an eligible unit of local government has submit16 ted, a grant application that meets the require17 ments of paragraphs (3) and (5).

18 (2) AUTHORITY.—

19 (A) IN GENERAL.—The Attorney General

20 may make grants in accordance with this sub21 section to States, units of local government, or

22 any combination thereof, to assist them in plan23 ning, establishing, and operating secure facili24 ties, staff-secure facilities, detention centers,
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1 and other correctional programs for violent ju2 venile offenders.

3 (B) USE OF AMOUNTS.—Grants under this

4 subsection may be used—

5 (i) for colocated facilities for adult

6 prisoners and violent juvenile offenders;

7 and

8 (ii) only for the construction or oper9 ation of facilities in which violent juvenile

10 offenders are substantially segregated from

11 nonviolent juvenile offenders.

12 (3) APPLICATIONS.—

13 (A) IN GENERAL.—The chief executive of14 ficer of a State or unit of local government that

15 seeks to receive a grant under this subsection

16 shall submit to the Attorney General an appli17 cation, in such form and in such manner as the

18 Attorney General may prescribe.

19 (B) CONTENTS.—Each application submit20 ted under subparagraph (A) shall provide writ21 ten assurances that each facility or program

22 funded with a grant under this subsection—

23 (i) will provide appropriate edu24 cational and vocational training, a program

25 of substance abuse testing, and substance
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1 abuse treatment for appropriate juvenile

2 offenders; and

3 (ii) will afford juvenile offenders in4 tensive post-release supervision and serv5 ices.

6 (4) MINIMUM AMOUNT.—

7 (A) IN GENERAL.—Except as provided in

8 subparagraph (B), each qualifying State, to9 gether with units of local government within the

10 State, shall be allocated for each fiscal year not

11 less than 1.0 percent of the total amount made

12 available in each fiscal year for grants under

13 this subsection.

14 (B) EXCEPTION.—The United States Vir15 gin Islands, American Samoa, Guam, and the

16 Northern Mariana Islands shall each be allo17 cated 0.2 percent of the total amount made

18 available in each fiscal year for grants under

19 this subsection.

20 (5) PERFORMANCE EVALUATION.—

21 (A) EVALUATION COMPONENTS.—

22 (i) IN GENERAL.—Each facility or

23 program funded under this subsection shall

24 contain an evaluation component developed
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1 pursuant to guidelines established by the

2 Attorney General.

3 (ii) OUTCOME MEASURES.—The eval4 uations required by this subsection shall

5 include outcome measures that can be used

6 to determine the effectiveness of the fund7 ed programs, including the effectiveness of

8 such programs in comparison with other

9 correctional programs or dispositions in re10 ducing the incidence of recidivism, and

11 other outcome measures.

12 (B) PERIODIC REVIEW AND REPORTS.—

13 (i) REVIEW.—The Attorney General

14 shall review the performance of each grant

15 recipient under this subsection.

16 (ii) REPORTS.—The Attorney General

17 may require a grant recipient to submit to

18 the Office of Justice Programs, Correc19 tions Programs Office the results of the

20 evaluations required under subparagraph

21 (A) and such other data and information

22 as are reasonably necessary to carry out

23 the responsibilities of the Attorney General

24 under this subsection.
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1 (6) TECHNICAL ASSISTANCE AND TRAINING.—

2 The Attorney General shall provide technical assist3 ance and training to grant recipients under this sub4 section to achieve the purposes of this subsection.

5 (b) JUVENILE FACILITIES ON TRIBAL LANDS.—

6 (1) RESERVATION OF FUNDS.—Of amounts

7 made available to carry out section 214 of this Act

8 under section 20108(a)(2)(A) of the Violent Crime

9 Control and Law Enforcement Act of 1994, the At10 torney General shall reserve, to carry out this sub11 section, 0.75 percent for each of the fiscal years

12 1998 through 2002.

13 (2) GRANTS TO INDIAN TRIBES.—Of amounts

14 reserved under paragraph (1), the Attorney General

15 may make grants to Indian tribes or to regional

16 groups of Indian tribes for the purpose of construct17 ing secure facilities, staff-secure facilities, detention

18 centers, and other correctional programs for incar19 ceration of juvenile offenders subject to tribal juris20 diction.

21 (3) APPLICATIONS.—To be eligible to receive a

22 grant under this section, an Indian tribe shall sub23 mit to the Attorney General an application in such

24 form and containing such information as the Attor25 ney General may by regulation require.
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1 (4) REGIONAL GROUPS.—Individual Indian

2 tribes from a geographic region may apply for

3 grants under paragraph (2) jointly for the purpose

4 of building regional facilities.

5 (c) REPORT ON ACCOUNTABILITY AND PERFORM6 ANCE MEASURES IN JUVENILE CORRECTIONS PRO7 GRAMS.—

8 (1) IN GENERAL.—Not later than 6 months

9 after the date of enactment of this Act, the Attorney

10 General shall, after consultation with the National

11 Institute of Justice and other appropriate govern12 mental and nongovernmental organizations, submit

13 to Congress a report regarding the possible use of

14 performance-based criteria in evaluating and improv15 ing the effectiveness of juvenile corrections facilities

16 and programs.

17 (2) CONTENTS.—The report required under

18 this subsection shall include an analysis of—

19 (A) the range of performance-based meas20 ures that might be utilized as evaluation cri21 teria, including measures of recidivism among

22 juveniles who have been incarcerated in facili23 ties or have participated in correctional pro24 grams;
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1 (B) the feasibility of linking Federal juve2 nile corrections funding to the satisfaction of

3 performance-based criteria by grantees (includ4 ing the use of a Federal matching mechanism

5 under which the share of Federal funding would

6 vary in relation to the performance of a pro7 gram or facility);

8 (C) whether, and to what extent, the data

9 necessary for the Attorney General to utilize

10 performance-based criteria in the Attorney Gen11 eral’s administration of juvenile corrections pro12 grams are collected and reported nationally;

13 and

14 (D) the estimated cost and feasibility of es15 tablishing minimal, uniform data collection and

16 reporting standards nationwide that would

17 allow for the use of performance-based criteria

18 in evaluating juvenile corrections programs and

19 facilities and administering Federal juvenile

20 corrections funds.

21 SEC. 215. CERTAIN PUNISHMENT AND GRADUATED SANC22 TIONS FOR YOUTH OFFENDERS.

23 (a) FINDINGS AND PURPOSES.—

24 (1) FINDINGS.—Congress finds that—
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1 (A) youth violence constitutes a growing

2 threat to the national welfare requiring imme3 diate and comprehensive action by the Federal

4 Government to reduce and prevent youth vio5 lence;

6 (B) the behavior of youth who become vio7 lent offenders often follow a progression, begin8 ning with aggressive behavior in school, tru9 ancy, and vandalism, leading to property crimes

10 and then serious violent offenses;

11 (C) the juvenile justice systems in most

12 States are ill-equipped to provide meaningful

13 sanctions to minor, nonviolent offenders be14 cause most of their resources are dedicated to

15 dealing with more serious offenders;

16 (D) in most States, some youth commit

17 multiple, nonviolent offenses without facing any

18 significant criminal sanction;

19 (E) the failure to provide meaningful

20 criminal sanctions for first time, nonviolent of21 fenders sends the false message to youth that

22 they can engage in antisocial behavior without

23 suffering any negative consequences and that

24 society is unwilling or unable to restrain that

25 behavior;
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1 (F) studies demonstrate that interventions

2 during the early stages of a criminal career can

3 halt the progression to more serious, violent be4 havior; and

5 (G) juvenile courts need access to a range

6 of sentencing options so that at least some level

7 of sanction is imposed on all youth offenders,

8 including status offenders, and the severity of

9 the sanctions increase along with the serious10 ness of the offense.

11 (2) PURPOSES.—The purposes of this section

12 are to provide assistance to State and local juvenile

13 courts to expand the range of sentencing options for

14 first time, nonviolent offenders and to provide a se15 lection of graduated sanctions for more serious of16 fenses.

17 (b) DEFINITIONS.—In this section—

18 (1) the term ‘‘first time offender’’ means a ju19 venile against whom formal charges have not pre20 viously been filed in any Federal or State judicial

21 proceeding;

22 (2) the term ‘‘nonviolent offender’’ means a ju23 venile who is charged with an offense that does not

24 involve the use of force against the person of an25 other; and
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1 (3) the term ‘‘status offender’’ means a juvenile

2 who is charged with an offense that would not be

3 criminal if committed by an adult (other than an of4 fense that constitutes a violation of a valid court

5 order or a violation of section 922(x) of title 18,

6 United States Code (or similar State law)).

7 (c) GRANT AUTHORIZATION.—

8 (1) IN GENERAL.—The Attorney General may

9 make grants in accordance with this section to

10 States, State courts, local courts, units of local gov11 ernment, and Indian tribes, for the purposes of—

12 (A) providing juvenile courts with a range

13 of sentencing options such that first time juve14 nile offenders, including status offenders such

15 as truants, vandals, and juveniles in violation of

16 State or local curfew laws, face at least some

17 level of punishment as a result of their initial

18 contact with the juvenile justice system; and

19 (B) increasing the sentencing options avail20 able to juvenile court judges so that juvenile of21 fenders receive increasingly severe sanctions—

22 (i) as the seriousness of their unlawful

23 conduct increases; and

24 (ii) for each additional offense.

25 (c) APPLICATIONS.—
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1 (1) ELIGIBILITY.—In order to be eligible to re2 ceive a grant under this section, the chief executive

3 of a State, unit of local government, or Indian tribe,

4 or the chief judge of a local court, shall submit an

5 application to the Attorney General in such form

6 and containing such information as the Attorney

7 General may reasonably require.

8 (2) REQUIREMENTS.—Each application submit9 ted in accordance with paragraph (1) shall include—

10 (A) a request for a grant to be used for

11 the purposes described in this section;

12 (B) a description of the communities to be

13 served by the grant, including the extent of

14 youth crime and violence in those communities;

15 (C) written assurances that Federal funds

16 received under this subtitle will be used to sup17 plement, not supplant, non-Federal funds that

18 would otherwise be available for activities fund19 ed under this subsection;

20 (D) a comprehensive plan described in

21 paragraph (3) (in this section referred to as the

22 ‘‘comprehensive plan’’); and

23 (E) any additional information in such

24 form and containing such information as the

25 Attorney General may reasonably require.
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1 (3) IMPLEMENTATION PLAN.—For purposes of

2 paragraph (2), a comprehensive plan shall include—

3 (A) an action plan outlining the manner in

4 which the applicant will achieve the purposes

5 described in subsection (c)(1);

6 (B) a description of any resources available

7 in the jurisdiction of the applicant to implement

8 the action plan described in subparagraph (A);

9 (C) an estimate of the costs of full imple10 mentation of the plan; and

11 (D) a plan for evaluating the impact of the

12 grant on the jurisdiction’s juvenile justice sys13 tem.

14 (e) GRANT AWARDS.—

15 (1) CONSIDERATIONS.—In awarding grants

16 under this section, the Attorney General shall con17 sider—

18 (A) the ability of the applicant to provide

19 the stated services;

20 (B) the level of youth crime, violence, and

21 drug use in the community; and

22 (C) to the extent practicable, achievement

23 of an equitable geographic distribution of the

24 grant awards.

25 (2) ALLOCATIONS.—
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1 (A) IN GENERAL.—The Attorney General

2 shall allot not less than 0.75 percent of the

3 total amount made available to carry out this

4 section in each fiscal year to applicants in each

5 State from which applicants have applied for

6 grants under this section.

7 (B) INDIAN TRIBES.—The Attorney Gen8 eral shall allocate not less than 0.75 percent of

9 the total amount made available to carry out

10 this section in each fiscal year to Indian tribes.

11 (f) USE OF GRANT AMOUNTS.—

12 (1) IN GENERAL.—Each grant made under this

13 section shall be used to establish programs that—

14 (A) expand the number of judges, prosecu15 tors, and public defenders for the purpose of

16 imposing sanctions on first time juvenile offend17 ers and status offenders;

18 (B) provide expanded sentencing options,

19 such as restitution, community service, drug

20 testing and treatment, mandatory job training,

21 curfews, house arrest, mandatory work projects,

22 and boot camps, for status offenders and non23 violent offenders;
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1 (C) increase staffing for probation officers

2 to supervise status offenders and nonviolent of3 fenders to ensure that sanctions are enforced;

4 (D) provide aftercare and supervision for

5 status and nonviolent offenders, such as drug

6 education and drug treatment, vocational train7 ing, job placement, and family counseling;

8 (E) encourage private sector employees to

9 provide training and work opportunities for sta10 tus offenders and nonviolent offenders; and

11 (F) provide services and interventions for

12 status and nonviolent offenders designed, in

13 tandem with criminal sanctions, to reduce the

14 likelihood of further criminal behavior.

15 (2) PROHIBITION ON USE OF AMOUNTS.—

16 (A) DEFINITIONS.—In this paragraph—

17 (i) the term ‘‘alien’’ has the same

18 meaning as in section 101(a) of the Immi19 gration and Nationality Act (8 U.S.C.

20 1101(a)); and

21 (ii) the terms ‘‘secure detention facil22 ity’’ and ‘‘secure correctional facility’’ have

23 the same meanings as in section 103 of the

24 Juvenile Justice and Delinquency Preven25 tion Act of 1974 (42 U.S.C. 5603).
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1 (B) PROHIBITION.—No amounts made

2 available under this subtitle may be used for

3 any program that permits the placement of sta4 tus offenders, alien juveniles in custody, or non5 offender juveniles (such as dependent or ne6 glected children) in secure detention facilities or

7 secure correctional facilities.

8 (g) GRANT LIMITATIONS.—Not more than 3 percent

9 of the amounts made available to the Attorney General

10 or a grant recipient under this section may be used for

11 administrative purposes.

12 (h) FEDERAL SHARE.—

13 (1) IN GENERAL.—Subject to paragraphs (2)

14 and (3), the Federal share of a grant made under

15 this subtitle may not exceed 90 percent of the total

16 estimated costs of the program described in the com17 prehensive plan submitted under subsection (d)(3)

18 for the fiscal year for which the program receives as19 sistance under this section.

20 (2) WAIVER.—The Attorney General may

21 waive, in whole or in part, the requirements of para22 graph (1).

23 (3) IN-KIND CONTRIBUTIONS.—For purposes of

24 paragraph (1), in-kind contributions may constitute
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1 any portion of the non-Federal share of a grant

2 under this section.

3 (i) REPORT AND EVALUATION.—

4 (1) REPORT TO THE ATTORNEY GENERAL.—

5 Not later than October 1, 1998, and October 1 of

6 each year thereafter, each grant recipient under this

7 section shall submit to the Attorney General a report

8 that describes, for the year to which the report re9 lates, any progress achieved in carrying out the com10 prehensive plan of the grant recipient.

11 (2) EVALUATION AND REPORT TO CONGRESS.—

12 Not later than March 1, 1999, and March 1 of each

13 year thereafter, the Attorney General shall submit to

14 the Congress an evaluation and report that contains

15 a detailed statement regarding grant awards, activi16 ties of grant recipients, a compilation of statistical

17 information submitted by grant recipients under this

18 section, and an evaluation of programs established

19 by grant recipients under this section.

20 (3) CRITERIA.—In assessing the effectiveness of

21 the programs established and operated by grant re22 cipients pursuant to this section, the Attorney Gen23 eral shall consider—

24 (A) a comparison between the number of

25 first time offenders who received a sanction for
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1 criminal behavior in the jurisdiction of the

2 grant recipient before and after initiation of the

3 program;

4 (B) changes in the recidivism rate for first

5 time offenders in the jurisdiction of the grant

6 recipient;

7 (C) a comparison of the recidivism rates

8 and the seriousness of future offenses of first

9 time offenders in the jurisdiction of the grant

10 recipient that receive a sanction and those who

11 do not;

12 (D) changes in truancy rates of the public

13 schools in the jurisdiction of the grant recipient;

14 and

15 (E) changes in the arrest rates for vandal16 ism and other property crimes in the jurisdic17 tion of the grant recipient.

18 (4) DOCUMENTS AND INFORMATION.—Each

19 grant recipient under this section shall provide the

20 Attorney General with all documents and informa21 tion that the Attorney General determines to be nec22 essary to conduct an evaluation of the effectiveness

23 of programs funded under this section.
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1 (j) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 from the Violent Crime Reduction Trust Fund—

4 (1) such sums as may be necessary for each of

5 the fiscal years 1998 and 1999; and

6 (2) $175,000,000 for each of the fiscal years

7 2000 and 2001.

8 Subtitle C—Juvenile Gun Courts

9 SEC. 221. DEFINITIONS.

10 In this subtitle—

11 (1) the term ‘‘firearm’’ has the same meaning

12 as in section 921 of title 18, United States Code;

13 (2) the term ‘‘firearm offender’’ means any in14 dividual charged with an offense involving the illegal

15 possession, use, transfer, or threatened use of a fire16 arm; and

17 (3) the term ‘‘local court’’ means any section or

18 division of a State or municipal juvenile court sys19 tem; and

20 (4) the term ‘‘juvenile gun court’’ means a spe21 cialized division within a State or local juvenile court

22 system, or a specialized docket within a State or

23 local court that considers exclusively cases involving

24 juvenile firearm offenders.
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1 SEC. 222. GRANT PROGRAM.

2 The Attorney General may provide grants in accord3 ance with this subtitle to States, State courts, local courts,

4 units of local government, and Indian tribes for court5 based juvenile justice programs that target juvenile fire6 arm offenders through the establishment of juvenile gun

7 courts.

8 SEC. 223. APPLICATIONS.

9 (a) ELIGIBILITY.—In order to be eligible to receive

10 a grant under this subtitle, the chief executive of a State,

11 unit of local government, or Indian tribe, or the chief

12 judge of a local court, shall submit an application to the

13 Attorney General in such form and containing such infor14 mation as the Attorney General may reasonably require.

15 (b) REQUIREMENTS.—Each application submitted in

16 accordance with subsection (a) shall include—

17 (1) a request for a grant to be used for the pur18 poses described in this subtitle;

19 (2) a description of the communities to be

20 served by the grant, including the extent of juvenile

21 crime, juvenile violence, and juvenile firearm use and

22 possession in such communities;

23 (3) written assurances that Federal funds re24 ceived under this subtitle will be used to supplement,
48

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1 not supplant, non-Federal funds that would other2 wise be available for activities funded under this

3 subsection;

4 (4) a comprehensive plan described in sub5 section (c) (hereafter in this subtitle referred to as

6 the ‘‘comprehensive plan’’); and

7 (5) any additional information in such form and

8 containing such information as the Attorney General

9 may reasonably require.

10 (c) COMPREHENSIVE PLAN.—For purposes of sub11 section (b), a comprehensive plan is described in this sub12 section it includes—

13 (1) a description of the juvenile crime and vio14 lence problems in the jurisdiction of the applicant,

15 including gang crime and juvenile firearm use and

16 possession;

17 (2) an action plan outlining the manner in

18 which the applicant would use the grant amounts in

19 accordance with this subtitle;

20 (3) a description of any resources available in

21 the jurisdiction of the applicant to implement the ac22 tion plan described in paragraph (2); and

23 (4) a description of the plan of the applicant for

24 evaluating the performance of the juvenile gun

25 court.
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1 SEC. 224. GRANT AWARDS.

2 (a) CONSIDERATIONS.—In awarding grants under

3 this subtitle, the Attorney General shall consider—

4 (1) the ability of the applicant to provide the

5 stated services;

6 (2) the level of juvenile crime, violence, and

7 drug use in the community; and

8 (3) to the extent practicable, achievement of an

9 equitable geographic distribution of the grant

10 awards.

11 (b) DIVERSITY.—The Attorney General shall allot not

12 less than 0.75 percent of the total amount made available

13 each fiscal year to carry out this subtitle to applicants in

14 each State from which applicants have applied for grants

15 under this subtitle.

16 (c) INDIAN TRIBES.—The Attorney General shall al17 locate 0.75 percent of amounts made available under this

18 subtitle for grants to Indian tribes.

19 SEC. 225. USE OF GRANT AMOUNTS.

20 Each grant made under this subtitle shall be used—

21 (1) to establish juvenile gun courts for adju22 dication of juvenile firearm offenders;

23 (2) to grant prosecutorial discretion to try, in

24 a gun court, cases involving the illegal possession,

25 use, transfer, or threatened use of a firearm by a ju26 venile;
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1 (3) to require prosecutors to transfer such cases

2 to the gun court calendar not later than 30 days

3 after arraignment;

4 (4) to require that gun court trials commence

5 not later than 60 days after transfer to the gun

6 court;

7 (5) to facilitate innovative and individualized

8 sentencing (such as incarceration, house arrest, vic9 tim impact classes, electronic monitoring, restitution,

10 and gang prevention programs);

11 (6) to provide services in furtherance of para12 graph (5);

13 (7) to limit grounds for continuances and grant

14 continuances only for the shortest practicable time;

15 (8) to ensure that any term of probation or su16 pervised release imposed on a firearm offender in a

17 juvenile gun court, in addition to, or in lieu of, a

18 term of incarceration, shall include a prohibition on

19 firearm possession during such probation or super20 vised release and that violation of that prohibition

21 shall result in, to the maximum extent permitted

22 under State law, a term of incarceration; and

23 (9) to allow transfer of a case or an offender

24 out of the gun court by agreement of the parties,

25 subject to court approval.
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1 SEC. 226. GRANT LIMITATIONS.

2 Not more than 5 percent of the amounts made avail3 able to the Attorney General or a grant recipient under

4 this subtitle may be used for administrative purposes.

5 SEC. 227. FEDERAL SHARE.

6 (a) IN GENERAL.—Subject to subsections (b) and (c),

7 the Federal share of a grant made under this subtitle may

8 not exceed 90 percent of the total cost of the program

9 or programs of the grant recipient that are funded by that

10 grant for the fiscal year for which the program receives

11 assistance under this subtitle.

12 (b) WAIVER.—The Attorney General may waive, in

13 whole or in part, the requirements of subsection (a).

14 (c) IN-KIND CONTRIBUTIONS.—For purposes of sub15 section (a), in-kind contributions may constitute any por16 tion of the non-Federal share of a grant under this sub17 title.

18 (d) CONTINUED AVAILABILITY OF GRANT

19 AMOUNTS.—Any amount provided to a grant recipient

20 under this subtitle shall remain available until expended.

21 SEC. 228. REPORT AND EVALUATION.

22 (a) REPORT TO THE ATTORNEY GENERAL.—Not

23 later than March 1, 1998, and March 1 of each year there24 after, each grant recipient under this subtitle shall submit

25 to the Attorney General a report that describes, for the
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1 year to which the report relates, any progress achieved in

2 carrying out the comprehensive plan of the grant recipient.

3 (b) EVALUATION AND REPORT TO CONGRESS.—Not

4 later than October 1, 1998, and October 1 of each year

5 thereafter, the Attorney General shall submit to the Con6 gress an evaluation and report that contains a detailed

7 statement regarding grant awards, activities of grant re8 cipients, a compilation of statistical information submitted

9 by grant recipients under this subtitle, and an evaluation

10 of programs established by grant recipients under this

11 subtitle.

12 (c) CRITERIA.—In assessing the effectiveness of the

13 programs established and operated by grant recipients

14 pursuant to this subtitle, the Attorney General shall con15 sider—

16 (1) the number of juveniles tried in gun court

17 sessions in the jurisdiction of the grant recipient;

18 (2) a comparison of the amount of time be19 tween the filing of charges and ultimate disposition

20 in gun court and nongun court cases;

21 (3) the recidivism rates of juvenile offenders

22 tried in gun court sessions in the jurisdiction of the

23 grant recipient in comparison to those tried outside

24 of drug courts;
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1 (4) changes in the amount of gun-related and

2 gang-related crime in the jurisdiction of the grant

3 recipient; and

4 (5) the quantity of firearms and ammunition

5 recovered in gun court cases in the jurisdiction of

6 the grant recipient.

7 (d) DOCUMENTS AND INFORMATION.—Each grant

8 recipient under this subtitle shall provide the Attorney

9 General with all documents and information that the At10 torney General determines to be necessary to conduct an

11 evaluation of the effectiveness of programs funded under

12 this subtitle.

13 SEC. 229. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to carry out

15 this subtitle from the Violent Crime Reduction Trust

16 Fund—

17 (1) such sums as may be necessary for each of

18 the fiscal years 1998, 1999, and 2000;

19 (2) $50,000,000 for fiscal year 2001; and

20 (3) $50,000,000 for fiscal year 2002.
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1 Subtitle D—Gang Violence

2 Reduction

3 PART 1—ENHANCED PENALTIES FOR GANG4 RELATED ACTIVITIES

5 SEC. 241. GANG FRANCHISING.

6 (a) IN GENERAL.—Chapter 26 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL

10 STREET GANGS.

11 ‘‘(a) PROHIBITED ACT.—Whoever travels in inter12 state or foreign commerce, or causes another to do so, to

13 recruit, solicit, induce, command, or cause to create, or

14 attempt to create a franchise of a criminal street gang

15 shall be punished in accordance with subsection (c).

16 ‘‘(b) DEFINITIONS.—

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

18 ‘criminal street gang’ has the meaning given that

19 term in section 521 of title 18, United States Code.

20 ‘‘(2) FRANCHISE.—The term ‘franchise’ means

21 an organized group of individuals related by name,

22 moniker, or other identifier, that engages in coordi23 nated violent crime or drug trafficking activities in

24 interstate or foreign commerce with a criminal street

25 gang in another State.
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1 ‘‘(c) PENALTIES.—A person who violates subsection

2 (a) shall be imprisoned for not more than 10 years, fined

3 under this title, or both.

4 ‘‘(d) SENTENCING ENHANCEMENT.—Pursuant to its

5 authority under section 994(p) of title 28, United States

6 Code, the United States Sentencing Commission shall

7 amend the Federal sentencing guidelines to provide an ap8 propriate enhancement for the recruitment of minors in

9 furtherance of the creation of a criminal street gang fran10 chise.’’.

11 (b) CONFORMING AMENDMENT.—The chapter analy12 sis for chapter 26 of title 18, United States Code, is

13 amended by adding at the end the following:

‘‘522. Interstate franchising of criminal street gangs.’’.

14 SEC. 242. GANG FRANCHISING AS A RICO PREDICATE.

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

16 amended—

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

18 (2) by inserting ‘‘, or (G) an offense under sec19 tion 522 of this title’’ before the semicolon at the

20 end.

21 SEC. 243. INCREASE IN OFFENSE LEVEL FOR PARTICIPA22 TION IN CRIME AS GANG MEMBER.

23 (a) DEFINITION OF CRIMINAL STREET GANG.—In

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

2 Code.

3 (b) SENTENCING ENHANCEMENT.—Pursuant to its

4 authority under section 994(p) of title 28, United States

5 Code, the United States Sentencing Commission shall

6 amend the Federal sentencing guidelines to provide an ap7 propriate enhancement with respect to any offense com8 mitted in connection with, or in furtherance of, the activi9 ties of a criminal street gang if the defendant is a member

10 of the criminal street gang at the time of the offense.

11 (c) CONSISTENCY.—In carrying out this section, the

12 United States Sentencing Commission shall—

13 (1) ensure that there is reasonable consistency

14 with other Federal sentencing guidelines; and

15 (2) avoid duplicative punishment for substan16 tially the same offense.

17 SEC. 244. INCREASING THE PENALTY FOR USING PHYSICAL

18 FORCE TO TAMPER WITH WITNESSES, VIC19 TIMS, OR INFORMANTS.

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

21 amended—

22 (1) in subsection (a)—

23 (A) in paragraph (1), by striking ‘‘as pro24 vided in paragraph (2)’’ and inserting ‘‘as pro25 vided in paragraph (3)’’;
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1 (B) by redesignating paragraph (2) as

2 paragraph (3);

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

4 following:

5 ‘‘(2) Whoever uses physical force or the threat

6 of physical force, or attempts to do so, with intent

7 to—

8 ‘‘(A) influence, delay, or prevent the testi9 mony of any person in an official proceeding;

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

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

12 record, document, or other object, from an

13 official proceeding;

14 ‘‘(ii) alter, destroy, mutilate, or con15 ceal an object with intent to impair the ob16 ject’s integrity or availability for use in an

17 official proceeding;

18 ‘‘(iii) evade legal process summoning

19 that person to appear as a witness, or to

20 produce a record, document, or other ob21 ject, in an official proceeding; and

22 ‘‘(iv) be absent from an official pro23 ceeding to which such person has been

24 summoned by legal process; or
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1 ‘‘(C) hinder, delay, or prevent the commu2 nication to a law enforcement officer or judge

3 of the United States of information relating to

4 the commission or possible commission of a

5 Federal offense or a violation of conditions of

6 probation, parole, or release pending judicial

7 proceedings;

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

9 and

10 (D) in paragraph (3)(B), as redesignated,

11 by striking ‘‘in the case of’’ and all that follows

12 before the period and inserting ‘‘an attempt to

13 murder, the use of physical force, the threat of

14 physical force, or an attempt to do so, imprison15 ment for not more than 20 years’’; and

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

17 force’’.

18 SEC. 245. POSSESSION OF FIREARMS IN RELATION TO

19 COUNTS OF VIOLENCE OR DRUG TRAFFICK20 ING CRIMES.

21 (a) IN GENERAL.—Sections 924(c)(1) and 929(a)(1)

22 of title 18, United States Code, are each amended—

23 (1) by striking ‘‘in relation to’’ and inserting

24 ‘‘in close proximity to’’; and
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1 (2) by striking ‘‘uses or carries’’ and inserting

2 ‘‘possesses’’.

3 (b) AMENDMENT OF FEDERAL SENTENCING GUIDE4 LINES.—

5 (1) DEFINITIONS.—In this subsection, the

6 terms ‘‘crime of violence’’ and ‘‘drug trafficking

7 crime’’ have the same meanings as in section 924(c)

8 of title 18, United States Code.

9 (2) SENTENCING ENHANCEMENT.—Pursuant to

10 its authority under section 994(p) of title 28, United

11 States Code, the United States Sentencing Commis12 sion shall amend the Federal sentencing guidelines

13 to provide an appropriate sentence enhancement

14 with respect to any defendant who discharges a fire15 arm during or in close proximity to any crime of vio16 lence or any drug trafficking crime.

17 (3) CONSISTENCY.—In carrying out this sub18 section, the United States Sentencing Commission

19 shall—

20 (A) ensure that there is reasonable consist21 ency with other Federal sentencing guidelines;

22 and

23 (B) avoid duplicative punishment for sub24 stantially the same offense.
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1 SEC. 246. INCREASED PENALTY FOR TRANSFERRING A

2 FIREARM TO A MINOR FOR USE IN A CRIME.

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

4 amended by inserting ‘‘except if the transferee is a person

5 who is less than 18 years of age, not more than 15 years,’’

6 before ‘‘fined in accordance with this title, or both’’.

7 SEC. 247. ELIMINATION OF STATUTE OF LIMITATIONS FOR

8 MURDER.

9 (a) IN GENERAL.—Section 3281 of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘§ 3281. Capital offenses and Class A felonies involv12 ing murder

13 ‘‘An indictment for any offense punishable by death

14 or an indictment or information for a Class A felony in15 volving murder (as defined in section 1111 or as defined

16 under applicable State law in the case of an offense under

17 section 1963(a) involving racketeering activity described

18 in section 1961(1)) may be found at any time without limi19 tation.’’.

20 (b) APPLICABILITY.—The amendment made by sub21 section (a) applies to any offense for which the applicable

22 statute of limitations had not run as of the date of enact23 ment of this Act.
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1 SEC. 248. EXTENSION OF STATUTE OF LIMITATIONS FOR

2 VIOLENT AND DRUG TRAFFICKING CRIMES.

3 (a) IN GENERAL.—Chapter 213 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 3295. Class A violent and drug trafficking offenses

7 ‘‘Except as provided in section 3281, no person shall

8 be prosecuted, tried, or punished for a Class A felony that

9 is a crime of violence or a drug trafficking crime (as that

10 term is defined in section 924(c)) unless the indictment

11 is returned or the information is filed within 10 years after

12 the commission of the offense.’’.

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) applies to any offense for which the applicable

15 statute of limitations had not run as of the date of enact16 ment of this Act.

17 (c) CONFORMING AMENDMENTS.—The chapter anal18 ysis for chapter 213 of title 18, United States Code, is

19 amended—

20 (1) in the item relating to section 3281, by in21 serting ‘‘and Class A felonies involving murder’’ be22 fore the period; and

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

‘‘3295. Class A violent and drug trafficking offenses.’’.
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1 PART 2—GANG PARAPHERNALIA

2 SEC. 251. ENHANCING LAW ENFORCEMENT ACCESS TO

3 CLONE NUMERIC PAGERS.

4 (a) AMENDMENT TO CHAPTER 206.—Chapter 206 of

5 title 18, United States Code, is amended—

6 (1) in the chapter heading, by striking ‘‘AND

7 TRAP AND TRACE DEVICES’’ and inserting: ‘‘TRAP

8 AND TRACE DEVICES, AND CLONE NUMERIC

9 PAGERS’’;

10 (2) in the chapter analysis—

11 (A) by striking ‘‘and trap and trace de12 vice’’ each place that term appears and insert13 ing ‘‘trap and trace device, and clone pager’’;

14 and

15 (B) by striking ‘‘or a trap and trace de16 vice’’ each place that term appears and insert17 ing ‘‘, a trap and trace device, or a clone

18 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

23 CLONE PAGER’’; and
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1 (B) by striking ‘‘or a trap and trace de2 vice’’ each place that term appears and insert3 ing ‘‘, a trap and trace device, or a clone

4 pager’’;

5 (4) in section 3122—

6 (A) in the section heading, by striking ‘‘OR

7 A TRAP AND TRACE DEVICE’’ and inserting

8 ‘‘, A TRAP AND TRACE DEVICE, OR A

9 CLONE PAGER’’; and

10 (B) by striking ‘‘or a trap and trace de11 vice’’ each place that term appears and insert12 ing ‘‘, a trap and trace device, or a clone

13 pager’’;

14 (5) in section 3123—

15 (A) in the section heading, by striking ‘‘OR

16 A TRAP AND TRACE DEVICE’’ and inserting

17 ‘‘, A TRAP AND TRACE DEVICE, OR A

18 CLONE PAGER’’;

19 (B) by striking subsection (a) and insert20 ing the following:

21 ‘‘(a) IN GENERAL.—Upon an application made under

22 section 3122 of this title, the court shall enter an ex parte

23 order authorizing the installation and use of a pen register

24 or a trap and trace device within the jurisdiction of the

25 court, or of a clone pager the service provider for which
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1 is within the jurisdiction of the court, if the court finds,

2 upon a showing by certification of the attorney for the

3 Government or the State law enforcement or investigative

4 officer, that the information likely to be obtained by such

5 installation and use is relevant to an ongoing criminal in6 vestigation.’’;

7 (C) in subsection (b)—

8 (i) in paragraph (1)—

9 (I) in subparagraph (A), by in10 serting before the semicolon the fol11 lowing: ‘‘, or in the case of a clone

12 pager, the identity, if known, of the

13 person to whom is leased, or who is

14 the subscriber of the paging device

15 communications to which will be inter16 cepted by the clone pager’’; and

17 (II) in subparagraph (C), by in18 serting before the semicolon the fol19 lowing: ‘‘, or in the case of a clone

20 pager, the number of the paging de21 vice to which the clone pager is identi22 cally programmed’’; and

23 (ii) in paragraph (2), by striking ‘‘or

24 trap and trace device’’ and inserting ‘‘trap

25 and trace device, or a clone pager’’; and
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1 (D) in subsection (c), by striking ‘‘or trap

2 and trace device’’ and inserting ‘‘trap and trace

3 device, or a clone pager’’; and

4 (E) in subsection (d)—

5 (i) in the subsection heading, by strik6 ing ‘‘OR TRAP AND TRACE DEVICE’’ and

7 inserting ‘‘, TRAP AND TRACE DEVICE, OR

8 CLONE PAGER’’; and

9 (ii) in paragraph (2), by inserting ‘‘or

10 the paging device, communications to

11 which will be intercepted by the clone

12 pager,’’ after ‘‘attached,’’;

13 (6) in section 3124—

14 (A) in the section heading, by striking ‘‘OR

15 A TRAP AND TRACE DEVICE’’ and inserting

16 ‘‘, A TRAP AND TRACE DEVICE, OR A

17 CLONE PAGER’’;

18 (B) by redesignating subsections (c)

19 through (f) as subsections (d) through (g), re20 spectively; and

21 (C) by inserting after subsection (b) the

22 following:

23 ‘‘(c) CLONE PAGER.—Upon the request of an attor24 ney for the Government or an officer of a law enforcement

25 agency authorized to acquire and use a clone pager under
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1 this chapter, a Federal court may order, in accordance

2 with section 3123(b)(2), a provider of a paging service or

3 other person to furnish to such investigative or law en4 forcement officer, all information, facilities, and technical

5 assistance necessary to accomplish the operation and use

6 of a clone pager unobtrusively and with a minimum of in7 terference with the services that the person so ordered by

8 the court accords the party with respect to whom the pro9 gramming and use is to take place.’’;

10 (7) in section 3125—

11 (A) in the section heading, by striking

12 ‘‘AND TRAP AND TRACE DEVICE’’ and insert13 ing ‘‘, TRAP AND TRACE DEVICE, AND

14 CLONE PAGER’’; and

15 (B) in subsection (a)—

16 (i) by striking ‘‘or trap and trace de17 vice’’ and inserting ‘‘, a trap and trace de18 vice, or a clone pager’’;

19 (ii) by striking the quotation marks at

20 the end; and

21 (iii) by striking ‘‘or trap and trace de22 vice’’ each place that term appears and in23 serting ‘‘, trap and trace device, or clone

24 pager’’;

25 (8) in section 3126—
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1 (A) in the section heading, by striking

2 ‘‘AND TRAP AND TRACE DEVICES’’ and in3 serting ‘‘, TRAP AND TRACE DEVICES, AND

4 CLONE PAGERS’’; and

5 (B) by inserting ‘‘or clone pagers’’ after

6 ‘‘devices’’; and

7 (9) in section 3127—

8 (A) by redesignating paragraphs (5) and

9 (6) as paragraphs (6) and (7), respectively; and

10 (B) by inserting after paragraph (4) the

11 following:

12 ‘‘(5) the term ‘clone pager’ means a numeric

13 display device that receives transmissions intended

14 for another numeric display paging device.’’.

15 (c) CONFORMING AMENDMENTS.—

16 (1) Section 2511(2)(H) of title 18, United

17 States Code, is amended by striking clause (i) and

18 inserting the following:

19 ‘‘(i) to use a pen register, a trap and

20 trace device, or a clone pager (as those

21 terms are defined for the purposes of chap22 ter 206 (relating to pen registers, trap and

23 trace devices, and clone pagers) of this

24 title); or’’.
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1 (2) Section 2510(12) of title 18, United States

2 Code, is amended—

3 (A) in subparagraph (B), by striking ‘‘or’’

4 at the end; and

5 (B) by inserting after subparagraph (C)

6 the following: ‘‘or

7 ‘‘(D) any transmission made through a

8 clone pager (as defined in section 3127(5) of

9 this title).’’.

10 SEC. 252. PROHIBITIONS RELATING TO BODY ARMOR.

11 (a) DEFINITIONS.—In this section—

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

13 sold or offered for sale as personal protective body

14 covering intended to protect against gunfire, regard15 less of whether the product is to be worn alone or

16 is sold as a complement to another product or gar17 ment; and

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

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

20 a State, or a political subdivision of a State, author21 ized by law or by a government agency to engage in

22 or supervise the prevention, detection, investigation,

23 or prosecution of any violation of criminal law.

24 (b) SENTENCING ENHANCEMENT.—Pursuant to its

25 authority under section 994(p) of title 28, United States
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1 Code, the United States Sentencing Commission shall

2 amend the Federal sentencing guidelines to provide an ap3 propriate sentencing enhancement for any offense in which

4 the defendant used body armor.

5 (c) CONSISTENCY.—In carrying out this section, the

6 United States Sentencing Commission shall—

7 (1) ensure that there is reasonable consistency

8 with other Federal sentencing guidelines; and

9 (2) avoid duplicative punishment for substan10 tially the same offense.

11 (d) APPLICABILITY.—No Federal sentencing guide12 line amendment made under this section shall apply if the

13 Federal crime in which the body armor is used constitutes

14 a violation of, attempted violation of, or conspiracy to vio15 late the civil rights of a person by a law enforcement offi16 cer acting under color of the authority of such law enforce17 ment officer.

18 SEC. 253. PROHIBITIONS RELATING TO LASER SIGHTING

19 DEVICES.

20 (a) DEFINITIONS.—In this section—

21 (1) the term ‘‘firearm’’ has the same meaning

22 as in section 921 of title 18, United States Code;

23 and

24 (2) the term ‘‘laser-sighting device’’ includes

25 any device designed to be attached to a firearm that
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1 uses technology, such as laser sighting, red-dot2 sighting, night sighting, telescopic sighting, or other

3 similarly effective technology, in order to enhance

4 target acquisition.

5 (b) SENTENCING ENHANCEMENT.—Pursuant to its

6 authority under section 994(p) of title 28, United States

7 Code, the United States Sentencing Commission shall

8 amend the Federal sentencing guidelines to provide an ap9 propriate sentencing enhancement for any offense in which

10 the defendant—

11 (1) possessed a firearm equipped with a laser12 sighting device; or

13 (2) possessed a firearm and the defendant (or

14 another person at the scene of the crime who was

15 aiding in the commission of the crime) possessed a

16 laser-sighting device (capable of being readily at17 tached to the firearm).

18 (c) CONSISTENCY.—In carrying out this section, the

19 United States Sentencing Commission shall—

20 (1) ensure that there is reasonable consistency

21 with other Federal sentencing guidelines; and

22 (2) avoid duplicative punishment for substan23 tially the same offense.
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1 Subtitle E—Rights of Victims in

2 State Juvenile Courts

3 SEC. 261. STATE GUIDELINES.

4 (a) IN GENERAL.—

5 (1) STATE GUIDELINES.—The Attorney General

6 shall establish guidelines for State programs to re7 quire—

8 (A) prior to disposition of adjudicated ju9 venile delinquents, that victims, or in appro10 priate cases their official representatives, shall

11 be provided the opportunity to make a state12 ment to the court in person or to present any

13 information in relation to the disposition;

14 (B) that victims of the juvenile adjudicated

15 delinquent be given notice of the disposition;

16 and

17 (C) that restitution to victims may be or18 dered as part of the disposition of adjudicated

19 juvenile delinquents.

20 (2) DEFINITION OF VICTIM.—In this section,

21 the term ‘‘victim’’ means any individual against

22 whom a crime of violence has been committed that

23 has as an element the use, attempted use, or threat24 ened use of physical force against the person or
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1 property of another or by its nature involves a sub2 stantial risk that physical force against the person

3 or property of another may be used in the course of

4 committing the offense.

5 (b) NO CAUSE OF ACTION CREATED.—Nothing in

6 this section shall be construed to create a cause of action

7 against any State or any agency or employee thereof.

8 (c) COMPLIANCE.—

9 (1) COMPLIANCE.—Not later than 3 years after

10 the date of enactment of this Act, each State shall

11 implement this section, except that the Attorney

12 General may grant an additional 2 years to a State

13 if the Attorney General determines that the State is

14 making good faith efforts to implement this section.

15 (2) INELIGIBILITY FOR AMOUNTS.—

16 (A) IN GENERAL.—Beginning on the expi17 ration of the period described in paragraph (1)

18 (or such extended period as the Attorney Gen19 eral may provide with respect to a State under

20 that paragraph), during each fiscal year that

21 any State fails to comply with this section, that

22 State shall receive—

23 (i) not more than 90 percent of the

24 amount that the State would otherwise re25 ceive under subtitle C of this title; and
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1 (ii) not more than 90 percent of the

2 amount that the State would otherwise re3 ceive under section 362 of title III.

4 (B) REALLOCATION OF AMOUNTS.—In

5 each fiscal year, any amounts that are not allo6 cated to States described in subparagraph (A)

7 shall be allocated to otherwise eligible States

8 that are in compliance with this section on a

9 pro rata basis.

10 TITLE III—PREVENTION AND

11 TREATMENT OF YOUTH DRUG

12 ABUSE AND ADDICTION

13 Subtitle A—Protecting Youth From

14 Dangerous Drugs

15 SEC. 301. RESCHEDULING OF ‘‘CLUB’’ DRUGS.

16 Notwithstanding section 201 or subsection (a) or (b)

17 of section 202 of the Controlled Substances Act (21

18 U.S.C. 811, 812(a), 812(b)) respecting the scheduling of

19 controlled substances, the Attorney General shall, by order

20 add ketamine hydrochloride to schedule III of such Act.
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1 Subtitle B—Development of Medi2 cines for the Treatment of Drug

3 Addiction

4 PART 1—PHARMACOTHERAPY RESEARCH

5 SEC. 321. REAUTHORIZATION FOR MEDICATION DEVELOP6 MENT PROGRAM.

7 Section 464P(e) of the Public Health Service Act (42

8 U.S.C. 285o–4(e)) is amended to read:

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

10 is authorized to be appropriated to carry out this section

11 such sums as may be necessary for each of the fiscal years

12 1998 through 2002 of which the following amount may

13 be appropriated from the Violent Crime Reduction Trust

14 Fund:

15 ‘‘(1) $100,000,000 for fiscal year 2001; and

16 ‘‘(2) $100,000,000 for fiscal year 2002.’’.

17 PART 2—PATENT PROTECTIONS FOR

18 PHARMACOTHERAPIES

19 SEC. 331. RECOMMENDATION FOR INVESTIGATION OF

20 DRUGS.

21 Section 525(a) of the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 360aa(a)) is amended—

23 (1) by striking ‘‘States’’ each place it appears

24 and inserting ‘‘States, or for treatment of an addic25 tion to illegal drugs’’; and
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1 (2) by striking ‘‘such disease or condition’’ each

2 place it appears and inserting ‘‘such disease, condi3 tion, or treatment of such addiction’’.

4 SEC. 332. DESIGNATION OF DRUGS.

5 Section 526(a) of the Federal, Food, Drug, and Cos6 metic Act (21 U.S.C. 360bb(a)) is amended—

7 (1) in paragraph (1)—

8 (A) by inserting before the period in the

9 first sentence the following: ‘‘or for treatment

10 of an addiction to illegal drugs’’;

11 (B) in the third sentence, by striking ‘‘rare

12 disease or condition’’ and inserting ‘‘rare dis13 ease or condition, or for treatment of an addic14 tion to illegal drugs,’’; and

15 (C) by striking ‘‘such disease or condition’’

16 each place it appears and inserting ‘‘such dis17 ease, condition, or treatment of such addic18 tion’’; and

19 (2) in paragraph (2)—

20 (A) by striking ‘‘(2) For’’ and inserting

21 ‘‘(2)(A) For’’;

22 (B) by striking ‘‘(A) affects’’ and inserting

23 ‘‘(i) affects’’;

24 (C) by striking ‘‘(B) affects’’ and inserting

25 ‘‘(ii) affects’’; and
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1 (D) by adding at the end the following:

2 ‘‘(B) TREATMENT OF AN ADDICTION TO ILLEGAL

3 DRUGS.—The term ‘treatment of an addiction to illegal

4 drugs’ means any pharmacological agent or medication

5 that—

6 ‘‘(i) reduces the craving for an illegal drug for

7 an individual who—

8 ‘‘(I) habitually uses the illegal drug in a

9 manner that endangers the public health, safe10 ty, or welfare; or

11 ‘‘(II) is so addicted to the use of the illegal

12 drug that the individual is not able to control

13 the addiction through the exercise of self-con14 trol;

15 ‘‘(ii) blocks the behavioral and physiological ef16 fects of an illegal drug for an individual described in

17 clause (i);

18 ‘‘(iii) safely serves as a replacement therapy for

19 the treatment of drug abuse for an individual de20 scribed in clause (i);

21 ‘‘(iv) moderates or eliminates the process of

22 withdrawal for an individual described in clause (i);

23 ‘‘(v) blocks or reverses the toxic effect of an il24 legal drug on an individual described in clause (i);

25 or
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1 ‘‘(vi) prevents, where possible, the initiation of

2 drug abuse in individuals at high risk.

3 ‘‘(C) ILLEGAL DRUG.—The term ‘illegal drug’ means

4 a controlled substance identified under schedules I, II, III,

5 IV, and V in section 202(c) of the Controlled Substance

6 Act (21 U.S.C. 812(c)).’’.

7 SEC. 333. PROTECTION FOR DRUGS.

8 Section 527 of the Federal Food, Drug, and Cosmetic

9 Act (21 U.S.C. 360cc) is amended—

10 (1) by striking ‘‘rare disease or condition’’ each

11 place it appears and inserting ‘‘rare disease or con12 dition or for treatment of an addiction to illegal

13 drugs’’;

14 (2) by striking ‘‘such disease or condition’’ each

15 place it appears and inserting ‘‘such disease, condi16 tion, or treatment of the addiction’’; and

17 (3) in subsection (b)(1), by striking ‘‘the dis18 ease or condition’’ and inserting ‘‘the disease, condi19 tion, or addiction’’.

20 SEC. 334. OPEN PROTOCOLS FOR INVESTIGATIONS OF

21 DRUGS.

22 Section 528 of the Federal Food, Drug, and Cosmetic

23 Act (21 U.S.C. 360dd) is amended—
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1 (1) by striking ‘‘rare disease or condition’’ and

2 inserting ‘‘rare disease or condition or for treatment

3 of an addiction to illegal drugs’’; and

4 (2) by striking ‘‘the disease or condition’’ each

5 place it appears and inserting ‘‘the disease, condi6 tion, or addiction’’.

7 PART 3—ENCOURAGING PRIVATE SECTOR

8 DEVELOPMENT OF PHARMACOTHERAPIES

9 SEC. 341. DEVELOPMENT, MANUFACTURE, AND PROCURE10 MENT OF DRUGS FOR THE TREATMENT OF

11 ADDICTION TO ILLEGAL DRUGS.

12 Chapter V of the Federal Food, Drug, and Cosmetic

13 Act (21 U.S.C. 351 et seq.) is amended by adding at the

14 end the following:

15 ‘‘Subchapter D—Drugs for Cocaine and

16 Heroin Addictions

17 ‘‘SEC. 551. CRITERIA FOR AN ACCEPTABLE DRUG TREAT18 MENT FOR COCAINE AND HEROIN ADDIC19 TIONS.

20 ‘‘(a) IN GENERAL.—Subject to subsections (b) and

21 (c), the Secretary shall, through the Institute of Medicine

22 of the National Academy of Sciences, establish criteria for

23 an acceptable drug for the treatment of an addiction to

24 cocaine and for an acceptable drug for the treatment of

25 an addiction to heroin. The criteria shall be used by the
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1 Secretary in making a contract, or entering into a licens2 ing agreement, under section 552.

3 ‘‘(b) REQUIREMENTS.—The criteria established

4 under subsection (a) for a drug shall include require5 ments—

6 ‘‘(1) that the application to use the drug for the

7 treatment of addiction to cocaine or heroin was filed

8 and approved by the Secretary under this Act after

9 the date of enactment of this section;

10 ‘‘(2) that a performance based test on the

11 drug—

12 ‘‘(A) has been conducted through the use

13 of a randomly selected test group that received

14 the drug as a treatment and a randomly se15 lected control group that received a placebo;

16 and

17 ‘‘(B) has compared the long term dif18 ferences in the addiction levels of control group

19 participants and test group participants;

20 ‘‘(3) that the performance based test conducted

21 under paragraph (2) demonstrates that the drug is

22 effective through evidence that—
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1 ‘‘(A) a significant number of the partici2 pants in the test who have an addiction to co3 caine or heroin are willing to take the drug for

4 the addiction;

5 ‘‘(B) a significant number of the partici6 pants in the test who have an addiction to co7 caine or heroin and who were provided the drug

8 for the addiction during the test are willing to

9 continue taking the drug as long as necessary

10 for the treatment of the addiction; and

11 ‘‘(C) a significant number of the partici12 pants in the test who were provided the drug

13 for the period of time required for the treat14 ment of the addiction refrained from the use of

15 cocaine or heroin for a period of 3 years after

16 the date of the initial administration of the

17 drug on the participants; and

18 ‘‘(4) that the drug shall have a reasonable cost

19 of production.

20 ‘‘(c) REVIEW AND PUBLICATION OF CRITERIA.—The

21 criteria established under subsection (a) shall, prior to the

22 publication and application of such criteria, be submitted

23 for review to the Committee on the Judiciary and the

24 Committee on Economic and Educational Opportunities of

25 the House of Representatives, and the Committee on the
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1 Judiciary and the Committee on Labor and Human Re2 sources of the Senate. Not later than 90 days after notify3 ing each of the committees, the Secretary shall publish the

4 criteria in the Federal Register.

5 ‘‘SEC. 552. PURCHASE OF PATENT RIGHTS FOR DRUG DE6 VELOPMENT.

7 ‘‘(a) APPLICATION.—

8 ‘‘(1) IN GENERAL.—The patent owner of a drug

9 to treat an addiction to cocaine or heroin, may sub10 mit an application to the Secretary—

11 ‘‘(A) to enter into a contract with the Sec12 retary to sell to the Secretary the patent rights

13 of the owner relating to the drug; or

14 ‘‘(B) in the case in which the drug is ap15 proved by the Secretary for more than 1 indica16 tion, to enter into an exclusive licensing agree17 ment with the Secretary for the manufacture

18 and distribution of the drug to treat an addic19 tion to cocaine or heroin.

20 ‘‘(2) REQUIREMENTS.—An application de21 scribed in paragraph (1) shall be submitted at such

22 time and in such manner, and accompanied by such

23 information, as the Secretary may require.

24 ‘‘(b) CONTRACT AND LICENSING AGREEMENTS÷.—
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1 ‘‘(1) REQUIREMENTS.—The Secretary may

2 enter into a contract or a licensing agreement with

3 a patent owner who has submitted an application in

4 accordance with (a) if the drug covered under the

5 contract or licensing agreement meets the criteria

6 established by the Secretary under section 551(a).

7 ‘‘(2) SPECIAL RULE.—The Secretary may enter

8 into—

9 ‘‘(A) not more than 1 contract or exclusive

10 licensing agreement relating to a drug for the

11 treatment of an addiction to cocaine; and

12 ‘‘(B) not more than 1 contract or licensing

13 agreement relating to a drug for the treatment

14 of an addiction to heroin.

15 ‘‘(3) COVERAGE.—A contract or licensing

16 agreement described in subparagraph (A) or (B) of

17 paragraph (2) shall cover not more than 1 drug.

18 ‘‘(4) PURCHASE AMOUNT.—Subject to amounts

19 provided in advance in appropriations Acts—

20 ‘‘(A) the amount to be paid to a patent

21 owner who has entered into a contract or licens22 ing agreement under this subsection relating to

23 a drug to treat an addiction to cocaine shall not

24 exceed $100,000,000; and
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1 ‘‘(B) the amount to be paid to a patent

2 owner who has entered into a contract or licens3 ing agreement under this subsection relating to

4 a drug to treat an addiction to heroin shall not

5 exceed $50,000,000.

6 ‘‘(c) TRANSFER OF RIGHTS UNDER CONTRACTS AND

7 LICENSING AGREEMENT.—

8 ‘‘(1) CONTRACTS.—A contract under subsection

9 (b)(1) to purchase the patent rights relating to a

10 drug to treat cocaine or heroin addiction shall trans11 fer to the Secretary—

12 ‘‘(A) the exclusive right to make, use, or

13 sell the patented drug within the United States

14 for the term of the patent;

15 ‘‘(B) any foreign patent rights held by the

16 patent owner;

17 ‘‘(C) any patent rights relating to the proc18 ess of manufacturing the drug; and

19 ‘‘(D) any trade secret or confidential busi20 ness information relating to the development of

21 the drug, process for manufacturing the drug,

22 and therapeutic effects of the drug.

23 ‘‘(2) LICENSING AGREEMENTS.—A licensing

24 agreement under subsection (b)(1) to purchase an
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1 exclusive license relating to manufacture and dis2 tribution of a drug to treat an addiction to cocaine

3 or heroin shall transfer to the Secretary—

4 ‘‘(A) the exclusive right to make, use, or

5 sell the patented drug for the purpose of treat6 ing an addiction to cocaine or heroin within the

7 United States for the term of the patent;

8 ‘‘(B) the right to use any patented proc9 esses relating to manufacturing the drug; and

10 ‘‘(C) any trade secret or confidential busi11 ness information relating to the development of

12 the drug, process for manufacturing the drug,

13 and therapeutic effects of the drug relating to

14 use of the drug to treat an addiction to cocaine

15 or heroin.

16 ‘‘SEC. 553. PLAN FOR MANUFACTURE AND DEVELOPMENT.

17 ‘‘(a) IN GENERAL.—Not later than 90 days after the

18 date on which the Secretary purchases the patent rights

19 of a patent owner, or enters into a licensing agreement

20 with a patent owner, relating to a drug under section 551,

21 the Secretary shall develop a plan for the manufacture and

22 distribution of the drug.

23 ‘‘(b) PLAN REQUIREMENTS.—The plan shall set

24 forth—
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1 ‘‘(1) procedures for the Secretary to enter into

2 licensing agreements with private entities for the

3 manufacture and the distribution of the drug;

4 ‘‘(2) procedures for making the drug available

5 to nonprofit entities and private entities to use in

6 the treatment of a cocaine or heroin addiction;

7 ‘‘(3) a system to establish the sale price for the

8 drug; and

9 ‘‘(4) policies and procedures with respect to the

10 use of Federal funds by State and local governments

11 or nonprofit entities to purchase the drug from the

12 Secretary.

13 ‘‘(c) APPLICABILITY OF PROCUREMENT AND LICENS14 ING LAWS.—The procurement and licensing laws of the

15 United States shall be applicable to procurements and li16 censes covered under the plan described in subsection (a).

17 ‘‘(d) REVIEW OF PLAN.—

18 ‘‘(1) IN GENERAL.—Upon completion of the

19 plan under subsection (a), the Secretary shall notify

20 the Committee on the Judiciary and the Committee

21 on Economic and Educational Opportunities of the

22 House of Representatives, and the Committee on the

23 Judiciary and the Committee on Labor and Human

24 Resources of the Senate, of the development of the

25 plan and publish the plan in the Federal Register.
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1 The Secretary shall provide an opportunity for pub2 lic comment on the plan for a period of not more

3 than 30 days after the date of the publication of the

4 plan in the Federal Register.

5 ‘‘(2) FINAL PLAN.—Not later than 60 days

6 after the date of the expiration of the comment pe7 riod described in paragraph (1), the Secretary shall

8 publish in the Federal Register a final plan. The im9 plementation of the plan shall begin on the date of

10 the final publication of the plan.

11 ‘‘(e) CONSTRUCTION.—The development, publication,

12 or implementation of the plan, or any other agency action

13 with respect to the plan, shall not be considered agency

14 action subject to judicial review.

15 ‘‘(f) REGULATIONS.—The Secretary may promulgate

16 regulations to carry out this section.

17 ‘‘SEC. 554. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There is authorized to be appropriated to carry out

19 this subchapter, such sums as may be necessary in each

20 of the fiscal years 1998 through 2000.’’.
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1 Subtitle C—Prevention and

2 Treatment Programs

3 PART 1—COMPREHENSIVE DRUG EDUCATION

4 SEC. 351. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS

5 AND COMMUNITIES PROGRAM.

6 Title IV of the Elementary and Secondary Education

7 Act (20 U.S.C. 7104) is amended to read as follows:

8 ‘‘TITLE IV—AUTHORIZATIONS

9 ‘‘SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There is authorized to be appropriated for State

11 grants under subpart 1 and national programs under sub12 part 2, $655,000,000 for fiscal years 1998 through 2000,

13 and $955,000,000 for fiscal years 2001 through 2002, of

14 which the following amounts may be appropriated from

15 the Violent Crime Reduction Trust Fund:

16 ‘‘(1) $300,000,000 for fiscal year 2001; and

17 ‘‘(2) $300,000,000 for fiscal year 2002.’’.

18 PART 2—DRUG COURTS

19 SEC. 361. REAUTHORIZATION OF DRUG COURTS PROGRAM.

20 Section 1001(a)(20) of title I of the Omnibus Crime

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

22 3793(a)(20)) is amended—

23 (1) in subparagraph (E), by striking ‘‘and’’ at

24 the end;
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1 (2) in subparagraph (F), by striking the period

2 at the end and inserting a semicolon; and

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

4 ‘‘(G) $400,000,000 for fiscal year 2001; and

5 ‘‘(H) $400,000,000 for fiscal year 2002.’’.

6 SEC. 362. JUVENILE DRUG COURTS.

7 Title I of the Omnibus Crime Control and Safe

8 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend9 ed—

10 (1) by redesignating part Y as part Z;

11 (2) by redesignating section 2501 as 2601; and

12 (3) by inserting after part X the following:

13 ‘‘PART Y—JUVENILE DRUG COURTS

14 ‘‘SEC. 2501. GRANT AUTHORITY.

15 ‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The

16 Attorney General may make grants to States, State

17 courts, local courts, units of local government, and Indian

18 tribes to establish programs that—

19 ‘‘(1) involve continuous early judicial super20 vision over juvenile offenders, other than violent ju21 venile offenders with substance abuse, or substance

22 abuse-related problems; and

23 ‘‘(2) integrate administration of other sanctions

24 and services, including—
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1 ‘‘(A) mandatory periodic testing for the

2 use of controlled substances or other addictive

3 substances during any period of supervised re4 lease or probation for each participant;

5 ‘‘(B) substance abuse treatment for each

6 participant;

7 ‘‘(C) diversion, probation, or other super8 vised release involving the possibility of prosecu9 tion, confinement, or incarceration based on

10 noncompliance with program requirements or

11 failure to show satisfactory progress;

12 ‘‘(D) programmatic, offender management,

13 and aftercare services such as relapse preven14 tion, health care, education, vocational training,

15 job placement, housing placement, and child

16 care or other family support service for each

17 participant who requires such services;

18 ‘‘(E) payment by the offender of treatment

19 costs, to the extent practicable, such as costs

20 for urinalysis or counseling; or

21 ‘‘(F) payment by the offender of restitu22 tion, to the extent practicable, to either a victim

23 of the offense at issue or to a restitution or

24 similar victim support fund.
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1 ‘‘(b) CONTINUED AVAILABILITY OF GRANT

2 FUNDS.—Amounts made available under this part shall

3 remain available until expended.

4 ‘‘SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT

5 OFFENDERS.

6 ‘‘The Attorney General shall issue regulations and

7 guidelines to ensure that the programs authorized in this

8 part do not permit participation by violent offenders.

9 ‘‘SEC. 2503. DEFINITION.

10 ‘‘In this part, the term ‘violent offender’ means an

11 individual charged with an offense during the course of

12 which—

13 ‘‘(1) the individual carried, possessed, or used a

14 firearm or dangerous weapon;

15 ‘‘(2) the death of or serious bodily injury of an16 other person occurred as a direct result of the com17 mission of such offense; or

18 ‘‘(3) the individual used force against the per19 son of another.

20 ‘‘SEC. 2504. ADMINISTRATION.

21 ‘‘(a) REGULATORY AUTHORITY.—the Attorney Gen22 eral shall issue any regulations and guidelines necessary

23 to carry out this part.
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1 ‘‘(b) APPLICATIONS.—In addition to any other re2 quirements that may be specified by the Attorney General,

3 an application for a grant under this part shall—

4 ‘‘(1) include a long term strategy and detailed

5 implementation plan;

6 ‘‘(2) explain the inability of the applicant to

7 fund the program adequately without Federal assist8 ance;

9 ‘‘(3) certify that the Federal support provided

10 will be used to supplement, and not supplant, State,

11 tribal, or local sources of funding that would other12 wise be available;

13 ‘‘(4) identify related governmental or commu14 nity initiatives that complement or will be coordi15 nated with the proposal;

16 ‘‘(5) certify that there has been appropriate

17 consultation with all affected agencies and that there

18 will be appropriate coordination with all affected

19 agencies in the implementation of the program;

20 ‘‘(6) certify that participating offenders will be

21 supervised by one or more designated judges with re22 sponsibility for the drug court program;

23 ‘‘(7) specify plans for obtaining necessary sup24 port and continuing the proposed program following

25 the conclusion of Federal support; and
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1 ‘‘(8) describe the methodology that will be used

2 in evaluating the program.

3 ‘‘SEC. 2505. APPLICATIONS.

4 ‘‘To request funds under this part, the chief executive

5 or the chief justice of a State, or the chief executive or

6 chief judge of a unit of local government or Indian tribe

7 shall submit an application to the Attorney General in

8 such form and containing such information as the Attor9 ney General may reasonably require.

10 ‘‘SEC. 2506. FEDERAL SHARE.

11 ‘‘(a) IN GENERAL.—The Federal share of a grant

12 made under this part may not exceed 75 percent of the

13 total costs of the program described in the application sub14 mitted under section 2505 for the fiscal year for which

15 the program receives assistance under this part.

16 ‘‘(b) WAIVER.—The Attorney General may waive, in

17 whole or in part, the requirement of a matching contribu18 tion under subsection (a).

19 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu20 tions may constitute a portion of the non-Federal share

21 of a grant under this part.

22 ‘‘SEC. 2507. DISTRIBUTION OF FUNDS.

23 ‘‘(a) GEOGRAPHICAL DISTRIBUTION.—The Attorney

24 General shall ensure that, to the extent practicable, an eq25 uitable geographic distribution of grant awards is made.
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1 ‘‘(b) INDIAN TRIBES.—The Attorney General shall

2 allocate 0.75 percent of amounts made available under

3 this subtitle for grants to Indian tribes.

4 ‘‘SEC. 2508. REPORT.

5 ‘‘A State, Indian tribe, or unit of local government

6 that receives funds under this part during a fiscal year

7 shall submit to the Attorney General, in March of the year

8 following receipt of a grant under this part, a report re9 garding the effectiveness of programs established pursu10 ant to this part.

11 ‘‘SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVAL12 UATION.

13 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

14 Attorney General may provide technical assistance and

15 training in furtherance of the purposes of this part.

16 ‘‘(b) EVALUATIONS.—In addition to any evaluation

17 requirements that may be prescribed for grantees, the At18 torney General may carry out or make arrangements for

19 evaluations of programs that receive support under this

20 part.

21 ‘‘(c) ADMINISTRATION.—The technical assistance,

22 training, and evaluations authorized by this section may

23 be carried out directly by the Attorney General, in collabo24 ration with the Secretary of Health and Human Services,
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1 or through grants, contracts, or other cooperative arrange2 ments with other entities.

3 ‘‘SEC. 2510. UNAWARDED FUNDS.

4 ‘‘The Attorney General may reallocate any grant

5 funds that are not awarded for juvenile drug courts under

6 this part for use for other juvenile delinquency and crime

7 prevention initiatives.

8 ‘‘SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated to carry out

10 this part from the Violent Crime Reduction Trust Fund—

11 ‘‘(1) such sums as may be necessary for each

12 of the fiscal years 1998, 1999, and 2000;

13 ‘‘(2) $50,000,000 for fiscal year 2001; and

14 ‘‘(3) $50,000,000 for fiscal year 2002.’’.

15 PART 3—DRUG TREATMENT

16 SEC. 371. DRUG TREATMENT FOR JUVENILES.

17 Title V of the Public Health Service Act (42 U.S.C.

18 290aa et seq.) is amended by adding at the end the follow19 ing:

20 ‘‘PART G—RESIDENTIAL TREATMENT PROGRAMS

21 FOR JUVENILES

22 ‘‘SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JU23 VENILES.

24 ‘‘(a) IN GENERAL.—The Director of the Center for

25 Substance Abuse Treatment shall award grants to, or
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1 enter into cooperative agreements or contracts, with public

2 and nonprofit private entities for the purpose of providing

3 treatment to juveniles for substance abuse through pro4 grams in which, during the course of receiving such treat5 ment the juveniles reside in facilities made available by

6 the programs.

7 ‘‘(b) AVAILABILITY OF SERVICES FOR EACH PARTIC8 IPANT.—A funding agreement for an award under sub9 section (a) for an applicant is that, in the program oper10 ated pursuant to such subsection—

11 ‘‘(1) treatment services will be available

12 through the applicant, either directly or through

13 agreements with other public or nonprofit private

14 entities; and

15 ‘‘(2) the services will be made available to each

16 person admitted to the program.

17 ‘‘(c) INDIVIDUALIZED PLAN OF SERVICES.—A fund18 ing agreement for an award under subsection (a) for an

19 applicant is that—

20 ‘‘(1) in providing authorized services for an eli21 gible person pursuant to such subsection, the appli22 cant will, in consultation with the juvenile and, if ap23 propriate the parent or guardian of the juvenile, pre24 pare an individualized plan for the provision to the

25 juvenile or young adult of the services; and
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1 ‘‘(2) treatment services under the plan will in2 clude—

3 ‘‘(A) individual, group, and family counsel4 ing, as appropriate, regarding substance abuse;

5 and

6 ‘‘(B) followup services to assist the juvenile

7 or young adult in preventing a relapse into such

8 abuse.

9 ‘‘(d) ELIGIBLE SUPPLEMENTAL SERVICES.—Grants

10 under subsection (a) may be used to provide an eligible

11 juvenile, the following services:

12 ‘‘(1) HOSPITAL REFERRALS.—Referrals for nec13 essary hospital services.

14 ‘‘(2) HIV AND AIDS COUNSELING.—Counseling

15 on the human immunodeficiency virus and on ac16 quired immune deficiency syndrome.

17 ‘‘(3) DOMESTIC VIOLENCE AND SEXUAL ABUSE

18 COUNSELING.—Counseling on domestic violence and

19 sexual abuse.

20 ‘‘(4) PREPARATION FOR REENTRY INTO SOCI21 ETY.—Planning for and counseling to assist reentry

22 into society, both before and after discharge, includ23 ing referrals to any public or nonprofit private enti24 ties in the community involved that provide services

25 appropriate for the juvenile.
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1 ‘‘(e) MINIMUM QUALIFICATIONS FOR RECEIPT OF

2 AWARD.—

3 ‘‘(1) CERTIFICATION BY RELEVANT STATE

4 AGENCY.—With respect to the principal agency of a

5 State or Indian tribe that administers programs re6 lating to substance abuse, the Director may award

7 a grant to, or enter into a cooperative agreement or

8 contract with, an applicant only if the agency or In9 dian tribe has certified to the Director that—

10 ‘‘(A) the applicant has the capacity to

11 carry out a program described in subsection (a);

12 ‘‘(B) the plans of the applicant for such a

13 program are consistent with the policies of such

14 agency regarding the treatment of substance

15 abuse; and

16 ‘‘(C) the applicant, or any entity through

17 which the applicant will provide authorized

18 services, meets all applicable State licensure or

19 certification requirements regarding the provi20 sion of the services involved.

21 ‘‘(2) STATUS AS MEDICAID PROVIDER.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), the Director may make a

24 grant, or enter into a cooperative agreement or

25 contract, under subsection (a) only if, in the
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1 case of any authorized service that is available

2 pursuant to the State plan approved under title

3 XIX of the Social Security Act (42 U.S.C. 1396

4 et seq.) for the State involved—

5 ‘‘(i) the applicant for the grant, coop6 erative agreement, or contract will provide

7 the service directly, and the applicant has

8 entered into a participation agreement

9 under the State plan and is qualified to re10 ceive payments under such plan; or

11 ‘‘(ii) the applicant will enter into an

12 agreement with a public or nonprofit pri13 vate entity under which the entity will pro14 vide the service, and the entity has entered

15 into such a participation agreement plan

16 and is qualified to receive such payments.

17 ‘‘(B) SERVICES.—

18 ‘‘(i) IN GENERAL.—In the case of an

19 entity making an agreement pursuant to

20 subparagraph (A)(ii) regarding the provi21 sion of services, the requirement estab22 lished in such subparagraph regarding a

23 participation agreement shall be waived by

24 the Director if the entity does not, in pro25 viding health care services, impose a
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1 charge or accept reimbursement available

2 from any third party payor, including re3 imbursement under any insurance policy or

4 under any Federal or State health benefits

5 plan.

6 ‘‘(ii) VOLUNTARY DONATIONS.—A de7 termination by the Director of whether an

8 entity referred to in clause (i) meets the

9 criteria for a waiver under such clause

10 shall be made without regard to whether

11 the entity accepts voluntary donations re12 garding the provision of services to the

13 public.

14 ‘‘(C) MENTAL DISEASES.—

15 ‘‘(i) IN GENERAL.—With respect to

16 any authorized service that is available

17 pursuant to the State plan described in

18 subparagraph (A), the requirements estab19 lished in such subparagraph shall not

20 apply to the provision of any such service

21 by an institution for mental diseases to an

22 individual who has attained 21 years of

23 age and who has not attained 65 years of

24 age.
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1 ‘‘(ii) DEFINITION OF INSTITUTION

2 FOR MENTAL DISEASES.—In this subpara3 graph, the term ‘institution for mental dis4 eases’ has the same meaning as in section

5 1905(i) of the Social Security Act (42

6 U.S.C. 1396d(i)).

7 ‘‘(f) REQUIREMENTS FOR MATCHING FUNDS.—

8 ‘‘(1) IN GENERAL.—With respect to the costs of

9 the program to be carried out by an applicant pursu10 ant to subsection (a), a funding agreement for an

11 award under such subsection is that the applicant

12 will make available (directly or through donations

13 from public or private entities) non-Federal con14 tributions toward such costs in an amount that—

15 ‘‘(A) for the first fiscal year for which the

16 applicant receives payments under an award

17 under such subsection, is not less than $1 for

18 each $9 of Federal funds provided in the

19 award;

20 ‘‘(B) for any second such fiscal year, is not

21 less than $1 for each $9 of Federal funds pro22 vided in the award; and

23 ‘‘(C) for any subsequent such fiscal year, is

24 not less than $1 for each $3 of Federal funds

25 provided in the award.
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1 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB2 UTED.—Non-Federal contributions required in para3 graph (1) may be in cash or in kind, fairly evalu4 ated, including plant, equipment, or services.

5 Amounts provided by the Federal Government, or

6 services assisted or subsidized to any significant ex7 tent by the Federal Government, may not be in8 cluded in determining the amount of such non-Fed9 eral contributions.

10 ‘‘(g) OUTREACH.—A funding agreement for an award

11 under subsection (a) for an applicant is that the applicant

12 will provide outreach services in the community involved

13 to identify juveniles who are engaging in substance abuse

14 and to encourage the juveniles to undergo treatment for

15 such abuse.

16 ‘‘(h) ACCESSIBILITY OF PROGRAM.—A funding

17 agreement for an award under subsection (a) for an appli18 cant is that the program operated pursuant to such sub19 section will be operated at a location that is accessible to

20 low income juveniles.

21 ‘‘(i) CONTINUING EDUCATION.—A funding agree22 ment for an award under subsection (a) is that the appli23 cant involved will provide for continuing education in

24 treatment services for the individuals who will provide
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1 treatment in the program to be operated by the applicant

2 pursuant to such subsection.

3 ‘‘(j) IMPOSITION OF CHARGES.—A funding agree4 ment for an award under subsection (a) for an applicant

5 is that, if a charge is imposed for the provision of author6 ized services to or on behalf of an eligible juvenile, such

7 charge—

8 ‘‘(1) will be made according to a schedule of

9 charges that is made available to the public;

10 ‘‘(2) will be adjusted to reflect the economic

11 condition of the juvenile involved; and

12 ‘‘(3) will not be imposed on any such juvenile

13 whose family has an income of less than 185 percent

14 of the official poverty line, as established by the Di15 rector of the Office for Management and Budget

16 and revised by the Secretary in accordance with sec17 tion 673(2) of the Omnibus Budget Reconciliation

18 Act of 1981 (42 U.S.C. 9902(2)).

19 ‘‘(k) REPORTS TO DIRECTOR.—A funding agreement

20 for an award under subsection (a) is that the applicant

21 involved will submit to the Director a report—

22 ‘‘(1) describing the utilization and costs of serv23 ices provided under the award;

24 ‘‘(2) specifying the number of juveniles served,

25 and the type and costs of services provided; and
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1 ‘‘(3) providing such other information as the

2 Director determines to be appropriate.

3 ‘‘(l) REQUIREMENT OF APPLICATION.—The Director

4 may make an award under subsection (a) only if an appli5 cation for the award is submitted to the Director contain6 ing such agreements, and the application is in such form,

7 is made in such manner, and contains such other agree8 ments and such assurances and information as the Direc9 tor determines to be necessary to carry out this section.

10 ‘‘(m) EQUITABLE ALLOCATION OF AWARDS.—In

11 making awards under subsection (a), the Director shall

12 ensure that the awards are equitably allocated among the

13 principal geographic regions of the United States, as well

14 as among Indian tribes, subject to the availability of quali15 fied applicants for the awards.

16 ‘‘(n) DURATION OF AWARD.—

17 ‘‘(1) IN GENERAL.—The period during which

18 payments are made to an entity from an award

19 under this section may not exceed 5 years.

20 ‘‘(2) APPROVAL OF DIRECTOR.—The provision

21 of payments described in paragraph (1) shall be sub22 ject to—

23 ‘‘(A) annual approval by the Director of

24 the payments; and
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1 ‘‘(B) the availability of appropriations for

2 the fiscal year at issue to make the payments.

3 ‘‘(3) NO LIMITATION.—This subsection may not

4 be construed to establish a limitation on the number

5 of awards that may be made to an entity under this

6 section.

7 ‘‘(o) EVALUATIONS; DISSEMINATION OF FINDINGS.—

8 The Director shall, directly or through contract, provide

9 for the conduct of evaluations of programs carried out

10 pursuant to subsection (a). The Director shall disseminate

11 to the States the findings made as a result of the evalua12 tions.

13 ‘‘(p) REPORTS TO CONGRESS.—

14 ‘‘(1) INITIAL REPORT.—Not later than October

15 1, 1998, the Director shall submit to the Committee

16 on the Judiciary of the House of Representatives,

17 and to the Committee on the Judiciary of the Sen18 ate, a report describing programs carried out pursu19 ant to this section.

20 ‘‘(2) PERIODIC REPORTS.—

21 ‘‘(A) IN GENERAL.—Not less than bienni22 ally after the date described in paragraph (1),

23 the Director shall prepare a report describing

24 programs carried out pursuant to this section

25 during the preceding 2-year period, and shall
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1 submit the report to the Administrator for in2 clusion in the biennial report under section

3 501(k).

4 ‘‘(B) SUMMARY.—Each report under this

5 subsection shall include a summary of any eval6 uations conducted under subsection (m) during

7 the period with respect to which the report is

8 prepared.

9 ‘‘(q) DEFINITIONS.—In this section:

10 ‘‘(1) AUTHORIZED SERVICES.—The term ‘au11 thorized services’ means treatment services and sup12 plemental services.

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

14 anyone 18 years of age or younger at the time that

15 of admission to a program operated pursuant to sub16 section (a).

17 ‘‘(3) ELIGIBLE JUVENILE.—The term ‘eligible

18 juvenile’ means a juvenile who has been admitted to

19 a program operated pursuant to subsection (a).

20 ‘‘(4) FUNDING AGREEMENT UNDER SUB21 SECTION (A).—The term ‘funding agreement under

22 subsection (a)’, with respect to an award under sub23 section (a), means that the Director may make the

24 award only if the applicant makes the agreement in25 volved.
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1 ‘‘(5) TREATMENT SERVICES.—The term ‘treat2 ment services’ means treatment for substance abuse,

3 including the counseling and services described in

4 subsection (c)(2).

5 ‘‘(6) SUPPLEMENTAL SERVICES.—The term

6 ‘supplemental services’ means the services described

7 in subsection (d).

8 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—For the purpose of carry10 ing out this section and section 576 there is author11 ized to be appropriated such sums as may be nec12 essary for fiscal years 1998, 1999, and 2000. There

13 is authorized to be appropriated from the Violent

14 Crime Reduction Trust Fund $300,000,000 in each

15 of the fiscal years 2001 and 2002.

16 ‘‘(2) TRANSFER.—For the purpose described in

17 paragraph (1), in addition to the amounts author18 ized in such paragraph to be appropriated for a fis19 cal year, there is authorized to be appropriated for

20 the fiscal year from the special forfeiture fund of the

21 Director of the Office of National Drug Control Pol22 icy such sums as may be necessary.

23 ‘‘(3) RULE OF CONSTRUCTION.—The amounts

24 authorized in this subsection to be appropriated are

25 in addition to any other amounts that are authorized
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1 to be appropriated and are available for the purpose

2 described in paragraph (1).

3 ‘‘SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVE4 NILES.

5 ‘‘(a) GRANTS.—The Secretary of Health and Human

6 Services, acting through the Director of the Center for

7 Substance Abuse Treatment, shall make grants to estab8 lish projects for the outpatient treatment of substance

9 abuse among juveniles.

10 ‘‘(b) PREVENTION.—Entities receiving grants under

11 this section shall engage in activities to prevent substance

12 abuse among juveniles.

13 ‘‘(c) EVALUATION.—The Secretary of Health and

14 Human Services shall evaluate projects carried out under

15 subsection (a) and shall disseminate to appropriate public

16 and private entities information on effective projects.’’.

17 Subtitle D—National Drug Control

18 Policy

19 SEC. 381. REAUTHORIZATION OF OFFICE OF NATIONAL

20 DRUG CONTROL POLICY.

21 (a) REAUTHORIZATION.—Section 1009 of the Na22 tional Narcotics Leadership Act of 1988 (21 U.S.C. 1506)

23 is amended by striking ‘‘1997’’ and inserting ‘‘2002’’.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

25 1011 of the National Narcotics Leadership Act of 1988
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1 (21 U.S.C. 1508) is amended by striking ‘‘8’’ and insert2 ing ‘‘13’’.

3 SEC. 382. STUDY ON EFFECTS OF CALIFORNIA AND ARI4 ZONA DRUG INITIATIVES.

5 (a) DEFINITION.—In this section, the term ‘‘con6 trolled substance’’ has the same meaning as in section 102

7 of the Controlled Substances Act (21 U.S.C. 802).

8 (b) STUDY.—The Director of National Drug Control

9 Policy, in consultation with the Attorney General and the

10 Secretary of Health and Human Services, shall conduct

11 a study on the effect of the 1996 voter referenda in Cali12 fornia and Arizona concerning the medicinal use of mari13 juana and other controlled substances, respectively, on—

14 (1) marijuana usage in Arizona and California;

15 (2) usage of other controlled substances in Ari16 zona and California;

17 (3) perceptions of youth of the dangerousness

18 of marijuana and other controlled substances in Ari19 zona and California;

20 (4) emergency room admissions for drug abuse

21 in Arizona and California;

22 (5) seizures of controlled substances in Arizona

23 and California;

24 (6) arrest rates for use of controlled substances

25 in Arizona and California;
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1 (7) arrest rates for trafficking of controlled

2 substances in Arizona and California;

3 (8) conviction rates in cases concerning use of

4 controlled substances in Arizona and California; and

5 (9) conviction rates in jury trials concerning use

6 of controlled substances in Arizona and California.

7 (c) REPORT.—Not later than January 1, 1998, the

8 Director of National Drug Policy, in consultation with the

9 Attorney General and the Secretary of Health and Human

10 Services, shall—

11 (1) issue a report on the results of the study

12 under subsection (b); and

13 (2) submit a copy of the report to the Commit14 tees on the Judiciary of the House of Representa15 tives and the Senate.

16 (d) AUTHORIZATIONS.—There are authorized to be

17 appropriated to carry out this section such sums as may

18 be necessary for each of the fiscal years 1998 and 1999.

19 Subtitle E—Penalty Enhancements

20 SEC. 391. INCREASED PENALTIES FOR USING FEDERAL

21 PROPERTY TO GROW OR MANUFACTURE

22 CONTROLLED SUBSTANCES.

23 (a) IN GENERAL.—Section 401(b)(5) of the Con24 trolled Substances Act (21 U.S.C. 841(b)(5)) is amended

25 to read as follows:
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1 ‘‘(5) OFFENSES ON FEDERAL PROPERTY.—Any

2 person who violates subsection (a) by cultivating or

3 manufacturing a controlled substance on any prop4 erty in whole or in part owned by or leased to the

5 United States or any department or agency thereof

6 shall be subject to twice the maximum punishment

7 otherwise authorized for the offense.’’.

8 (b) SENTENCING ENHANCEMENT.—Pursuant to its

9 authority under section 994(p) of title 28, United States

10 Code, the United States Sentencing Commission shall

11 amend the Federal sentencing guidelines to provide an ap12 propriate enhancement to ensure that violations of section

13 401(b)(5) of the Controlled Substances Act are punished

14 substantially more severely than violations that do not

15 occur on Federal property.

16 (c) CONSISTENCY.—In carrying out this subsection,

17 the United States Sentencing Commission shall—

18 (1) ensure that there is reasonable consistency

19 with other Federal sentencing guidelines; and

20 (2) avoid duplicative punishment for substan21 tially the same offense.
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1 SEC. 392. TECHNICAL CORRECTION TO ENSURE COMPLI2 ANCE OF FEDERAL SENTENCING GUIDELINES

3 WITH FEDERAL LAW.

4 Section 994(a) of title 28, United States Code, is

5 amended by striking ‘‘consistent with all pertinent provi6 sions of this title and title 18, United States Code,’’ and

7 inserting ‘‘consistent with all pertinent provisions of Fed8 eral law’’.

9 TITLE IV—PROTECTING YOUTH

10 FROM VIOLENT CRIME

11 Subtitle A—Grants for Youth

12 Organizations

13 SEC. 401. GRANT PROGRAM.

14 The Attorney General may make grants to States, In15 dian tribes, and national nonprofit organizations in crime

16 prone areas, such as Boys and Girls Clubs, Police Athletic

17 Leagues, 4–H Clubs, D.A.R.E. America, and Kids ’N

18 Kops programs, for the purpose of—

19 (1) providing constructive activities to youth

20 during after school hours, weekends, and school va21 cations to prevent the criminal victimization of pro22 gram participants;

23 (2) providing supervised activities in safe envi24 ronments to youth in crime prone areas;

25 (3) providing antidrug education to prevent

26 drug abuse among youth;
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1 (4) supporting police officer training and sala2 ries and educational materials to expand D.A.R.E.

3 America’s middle school campaign; or

4 (5) providing constructive activities to youth in

5 a safe environment through parks and other public

6 recreation areas.

7 SEC. 402. GRANTS TO NATIONAL ORGANIZATIONS.

8 (a) APPLICATIONS.—

9 (1) ELIGIBILITY.—In order to be eligible to re10 ceive a grant under this section, the chief operating

11 officer of a national community-based organization

12 shall submit an application to the Attorney General

13 in such form and containing such information as the

14 Attorney General may reasonably require.

15 (2) APPLICATION REQUIREMENTS.—Each appli16 cation submitted in accordance with paragraph (1)

17 shall include—

18 (A) a request for a grant to be used for

19 the purposes described in this subtitle;

20 (B) a description of the communities to be

21 served by the grant, including the nature of ju22 venile crime, violence, and drug use in the com23 munities;
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1 (C) written assurances that Federal funds

2 received under this subtitle will be used to sup3 plement and not supplant, non-Federal funds

4 that would otherwise be available for activities

5 funded under this subtitle;

6 (D) written assurances that all activities

7 will be supervised by an appropriate number of

8 responsible adults;

9 (E) a plan for assuring that program ac10 tivities will take place in a secure environment

11 that is free of crime and drugs; and

12 (F) any additional statistical or financial

13 information that the Attorney General may rea14 sonably require.

15 (b) GRANT AWARDS.—In awarding grants under this

16 section, the Attorney General shall consider—

17 (1) the ability of the applicant to provide the

18 stated services;

19 (2) the history and establishment of the appli20 cant in providing youth activities on a nationwide

21 basis; and

22 (3) the extent to which the organizations shall

23 achieve an equitable geographic distribution of the

24 grant awards.
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1 SEC. 403. GRANTS TO STATES.

2 (a) APPLICATIONS.—

3 (1) IN GENERAL.—The Attorney General may

4 make grants under this section to States for dis5 tribution to units of local government and commu6 nity-based organizations for the purposes set forth

7 in section 401.

8 (2) GRANTS.—To request a grant under this

9 section, the chief executive of a State shall submit

10 an application to the Attorney General in such form

11 and containing such information as the Attorney

12 General may reasonably require.

13 (3) APPLICATION REQUIREMENTS.—Each appli14 cation submitted in accordance with paragraph (2)

15 shall include—

16 (A) a request for a grant to be used for

17 the purposes described in this subtitle;

18 (B) a description of the communities to be

19 served by the grant, including the nature of ju20 venile crime, violence, and drug use in the com21 munity;

22 (C) written assurances that Federal funds

23 received under this subtitle will be used to sup24 plement and not supplant, non-Federal funds

25 that would otherwise be available for activities

26 funded under this subtitle;
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1 (D) written assurances that all activities

2 will be supervised by an appropriate number of

3 responsible adults; and

4 (E) a plan for assuring that program ac5 tivities will take place in a secure environment

6 that is free of crime and drugs.

7 (b) GRANT AWARDS.—In awarding grants under this

8 section, the State shall consider—

9 (1) the ability of the applicant to provide the

10 stated services;

11 (2) the history and establishment of the appli12 cant in the community to be served;

13 (3) the level of juvenile crime, violence, and

14 drug use in the community;

15 (4) the extent to which structured extra16 curricular activities for youth are otherwise unavail17 able in the community;

18 (5) the need in the community for secure envi19 ronments for youth to avoid criminal victimization

20 and exposure to crime and illegal drugs;

21 (6) to the extent practicable, achievement of an

22 equitable geographic distribution of the grant

23 awards; and

24 (7) whether the applicant has an established

25 record of providing extracurricular activities that are
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1 generally not otherwise available to youth in the

2 community.

3 (c) ALLOCATION.—

4 (1) STATE ALLOCATIONS.—The Attorney Gen5 eral shall allot not less than 0.75 percent of the total

6 amount made available each fiscal year to carry out

7 this section to each State that has applied for a

8 grant under this section.

9 (2) INDIAN TRIBES.—The Attorney General

10 shall allot not less than 0.75 percent of the total

11 amount made available each fiscal year to carry out

12 this section to Indian tribes, in accordance with the

13 criteria set forth in subsections (a) and (b).

14 (3) REMAINING AMOUNTS.—Of the amount re15 maining after the allocations under paragraphs (1)

16 and (2), the Attorney General shall allocate to each

17 State an amount that bears the same ratio to the

18 total amount of remaining funds as the population

19 of the State bears to the total population of all

20 States.

21 SEC. 404. ALLOCATION; GRANT LIMITATION.

22 (a) ALLOCATION.—Of amounts made available to

23 carry out this subtitle—

24 (1) 20 percent shall be for grants to national

25 organizations under section 402; and
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1 (2) 80 percent shall be for grants to States

2 under section 403.

3 (b) GRANT LIMITATION.—Not more than 3 percent

4 of the funds made available to the Attorney General or

5 a grant recipient under this subtitle may be used for ad6 ministrative purposes.

7 SEC. 405. REPORT AND EVALUATION.

8 (a) REPORT TO THE ATTORNEY GENERAL.—Not

9 later than October 1, 1998, and October 1 of each year

10 thereafter, each grant recipient under this subtitle shall

11 submit to the Attorney General a report that describes,

12 for the year to which the report relates—

13 (1) the activities provided;

14 (2) the number of youth participating;

15 (3) the extent to which the grant enabled the

16 provision of activities to youth that would not other17 wise be available; and

18 (4) any other information that the Attorney

19 General requires for evaluating the effectiveness of

20 the program.

21 (b) EVALUATION AND REPORT TO CONGRESS.—Not

22 later than March 1, 1999, and March 1 of each year there23 after, the Attorney General shall submit to the Congress
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1 an evaluation and report that contains a detailed state2 ment regarding grant awards, activities of grant recipi3 ents, a compilation of statistical information submitted by

4 grant recipients under this subtitle, and an evaluation of

5 programs established by grant recipients under this sub6 title.

7 (c) CRITERIA.—In assessing the effectiveness of the

8 programs established and operated by grant recipients

9 pursuant to this subtitle, the Attorney General shall con10 sider—

11 (1) the number of youth served by the grant re12 cipient;

13 (2) the percentage of youth participating in the

14 program charged with acts of delinquency or crime

15 compared to youth in the community at large;

16 (3) the percentage of youth participating in the

17 program that uses drugs compared to youth in the

18 community at large;

19 (4) the percentage of youth participating in the

20 program that are victimized by acts of crime or de21 linquency compared to youth in the community at

22 large; and

23 (5) the truancy rates of youth participating in

24 the program compared to youth in the community at

25 large.
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1 (d) DOCUMENTS AND INFORMATION.—Each grant

2 recipient under this subtitle shall provide the Attorney

3 General with all documents and information that the At4 torney General determines to be necessary to conduct an

5 evaluation of the effectiveness of programs funded under

6 this subtitle.

7 SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—There are authorized to be appro9 priated to carry out this subtitle from the Violent Crime

10 Reduction Trust Fund—

11 (1) such sums as may be necessary for each of

12 the fiscal years 1998 through 2000;

13 (2) for fiscal year 2001, $125,000,000; and

14 (3) for fiscal year 2002, $125,000,000.

15 (b) CONTINUED AVAILABILITY.—Amounts made

16 available under this subtitle shall remain available until

17 expended.

18 Subtitle B—‘‘Say No to Drugs’’

19 Community Centers Act of 1997

20 SEC. 421. SHORT TITLE; DEFINITIONS.

21 (a) SHORT TITLE.—This subtitle may be cited as the

22 ‘‘Say No to Drugs Community Centers Act of 1997’’.

23 (b) DEFINITIONS.—For purposes of this subtitle—

24 (1) the term ‘‘community-based organization’’

25 means a private, locally initiated organization that—
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1 (A) is a nonprofit organization, as that

2 term is defined in section 103(23) of the Juve3 nile Justice and Delinquency Prevention Act of

4 1974 (42 U.S.C. 5603(23)); and

5 (B) involves the participation, as appro6 priate, of members of the community and com7 munity institutions, including—

8 (i) business and civic leaders actively

9 involved in providing employment and busi10 ness development opportunities in the com11 munity;

12 (ii) educators;

13 (iii) religious organizations (which

14 shall not provide any sectarian instruction

15 or sectarian worship in connection with

16 program activities funded under this sub17 title);

18 (iv) law enforcement agencies; and

19 (v) other interested parties;

20 (2) the term ‘‘eligible community’’ means a

21 community—

22 (A) identified by an eligible recipient for

23 assistance under this subtitle; and

24 (B) an area that meets such criteria as the

25 Attorney General may, by regulation, establish,
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1 including criteria relating to poverty, juvenile

2 delinquency, and crime;

3 (3) the term ‘‘eligible recipient’’ means a com4 munity-based organization or public school that

5 has—

6 (A) been approved for eligibility by the At7 torney General, upon application submitted to

8 the Attorney General in accordance with section

9 412(b); and

10 (B) demonstrated that the projects and ac11 tivities it seeks to support in an eligible commu12 nity involve the participation, when feasible and

13 appropriate, of—

14 (i) parents, family members, and

15 other members of the eligible community;

16 (ii) civic and religious organizations

17 serving the eligible community;

18 (iii) school officials and teachers em19 ployed at schools located in the eligible

20 community;

21 (iv) public housing resident organiza22 tions in the eligible community; and

23 (v) public and private nonprofit orga24 nizations and organizations serving youth

25 that provide education, child protective
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1 services, or other human services to low in2 come, at-risk youth and their families;

3 (4) the term ‘‘poverty line’’ means the income

4 official poverty line (as defined by the Office of Man5 agement and Budget, and revised annually in ac6 cordance with section 673(2) of the Community

7 Services Block Grant Act (42 U.S.C. 9902(2)) appli8 cable to a family of the size involved; and

9 (5) the term ‘‘public school’’ means a public ele10 mentary school, as defined in section 1201(i) of the

11 Higher Education Act of 1965 (20 U.S.C. 1141(i)),

12 and a public secondary school, as defined in section

13 1201(d) of that Act (42 U.S.C. 1141(d)).

14 SEC. 422. GRANT REQUIREMENTS.

15 (a) IN GENERAL.—The Attorney General may make

16 grants to eligible recipients, which grants may be used to

17 provide to youth living in eligible communities during after

18 school hours or summer vacations, the following services:

19 (1) Rigorous drug prevention education.

20 (2) Drug counseling and treatment.

21 (3) Academic tutoring and mentoring.

22 (4) Activities promoting interaction between

23 youth and law enforcement officials.

24 (5) Vaccinations and other basic preventive

25 health care.
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1 (6) Sexual abstinence education.

2 (7) Other activities and instruction to reduce

3 youth violence and substance abuse.

4 (b) LOCATION AND USE OF AMOUNTS.—An eligible

5 recipient that receives a grant under this subtitle—

6 (1) shall ensure that the stated program is car7 ried out—

8 (A) when appropriate, in the facilities of a

9 public school during nonschool hours; or

10 (B) in another appropriate local facility

11 that is—

12 (i) in a location easily accessible to

13 youth in the community; and

14 (ii) in compliance with all applicable

15 State and local ordinances;

16 (2) shall use the grant amounts to provide to

17 youth in the eligible community services and activi18 ties that include extracurricular and academic pro19 grams that are offered—

20 (A) after school and on weekends and holi21 days, during the school year; and

22 (B) as daily full day programs (to the ex23 tent available resources permit) or as part day

24 programs, during the summer months;
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1 (3) shall use not more than 5 percent of the

2 amounts to pay for the administrative costs of the

3 program;

4 (4) shall not use such amounts to provide sec5 tarian worship or sectarian instruction; and

6 (5) may not use the amounts for the general

7 operating costs of public schools.

8 (c) APPLICATIONS.—

9 (1) IN GENERAL.—Each application to become

10 an eligible recipient shall be submitted to the Attor11 ney General at such time, in such manner, and ac12 companied by such information, as the Attorney

13 General may reasonably require.

14 (2) CONTENTS OF APPLICATION.—Each appli15 cation submitted pursuant to paragraph (1) shall—

16 (A) describe the activities and services to

17 be provided through the program for which the

18 grant is sought;

19 (B) contain a comprehensive plan for the

20 program that is designed to achieve identifiable

21 goals for youth in the eligible community;

22 (C) describe in detail the drug education

23 and drug prevention programs that will be im24 plemented;
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1 (D) specify measurable goals and outcomes

2 for the program that will include—

3 (i) reducing the percentage of youth

4 in the eligible community that enter the ju5 venile justice system or become addicted to

6 drugs;

7 (ii) increasing the graduation rates,

8 school attendance, and academic success of

9 youth in the eligible community; and

10 (iii) improving the skills of program

11 participants;

12 (E) contain an assurance that the appli13 cant will use grant amounts received under this

14 subtitle to provide youth in the eligible commu15 nity with activities and services consistent with

16 subsection (g);

17 (F) demonstrate the manner in which the

18 applicant will make use of the resources, exper19 tise, and commitment of private entities in car20 rying out the program for which the grant is

21 sought;

22 (G) include an estimate of the number of

23 youth in the eligible community expected to be

24 served under the program;
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1 (H) include a description of charitable pri2 vate resources, and all other resources, that will

3 be made available to achieve the goals of the

4 program;

5 (I) contain an assurance that the applicant

6 will comply with any evaluation under section

7 522, any research effort authorized under Fed8 eral law, and any investigation by the Attorney

9 General;

10 (J) contain an assurance that the appli11 cant will prepare and submit to the Attorney

12 General an annual report regarding any pro13 gram conducted under this subtitle;

14 (K) contain an assurance that the program

15 for which the grant is sought will, to the maxi16 mum extent practicable, incorporate services

17 that are provided solely through non-Federal

18 private or nonprofit sources; and

19 (L) contain an assurance that the appli20 cant will maintain separate accounting records

21 for the program for which the grant is sought.

22 (3) PRIORITY.—In determining eligibility under

23 this section, the Attorney General shall give priority
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1 to applicants that submit applications that dem2 onstrate the greatest local support for the programs

3 they seek to support.

4 (d) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

5 SHARE.—

6 (1) PAYMENTS.—The Attorney General shall,

7 subject to the availability of appropriations, provide

8 to each eligible recipient the Federal share of the

9 costs of developing and carrying out programs de10 scribed in this section.

11 (2) FEDERAL SHARE.—The Federal share of

12 the cost of a program under this subtitle shall be not

13 more than—

14 (A) 75 percent of the total cost of the pro15 gram for each of the first 2 years of the dura16 tion of a grant;

17 (B) 70 percent of the total cost of the pro18 gram for the third year of the duration of a

19 grant; and

20 (C) 60 percent of the total cost of the pro21 gram for each year thereafter.

22 (3) NON-FEDERAL SHARE.—

23 (A) IN GENERAL.—The non-Federal share

24 of the cost of a program under this subtitle
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1 may be in cash or in kind, fairly evaluated, in2 cluding plant, equipment, and services. Federal

3 funds made available for the activity of any

4 agency of an Indian tribal government or the

5 Bureau of Indian Affairs on any Indian lands

6 may be used to provide the non-Federal share

7 of the costs of programs or projects funded

8 under this subtitle.

9 (B) SPECIAL RULE.—Not less than 15 per10 cent of the non-Federal share of the costs of a

11 program under this subtitle shall be provided

12 from private or nonprofit sources.

13 (e) PROGRAM AUTHORITY.—

14 (1) IN GENERAL.—

15 (A) ALLOCATIONS FOR STATES AND IN16 DIAN TRIBES.—

17 (i) IN GENERAL.—In any fiscal year

18 in which the total amount made available

19 to carry out this subtitle is equal to not

20 less than $20,000,000, from the amount

21 made available to carry out this subtitle,

22 the Attorney General shall allocate not less

23 than 0.75 percent for grants under sub24 paragraph (B) to eligible recipients in each

25 State.
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1 (ii) INDIAN TRIBES.—The Attorney

2 General shall allocate 0.75 percent of

3 amounts made available under this subtitle

4 for grants to Indian tribes.

5 (B) GRANTS TO COMMUNITY-BASED ORGA6 NIZATIONS AND PUBLIC SCHOOLS FROM ALLO7 CATIONS.—For each fiscal year described in

8 subparagraph (A), the Attorney General may

9 award grants from the appropriate State or In10 dian tribe allocation determined under subpara11 graph (A) on a competitive basis to eligible re12 cipients to pay for the Federal share of assist13 ing eligible communities to develop and carry

14 out programs in accordance with this subtitle.

15 (C) REALLOCATION.—If, at the end of a

16 fiscal year described in subparagraph (A), the

17 Attorney General determines that amounts allo18 cated for a particular State or Indian tribe

19 under subparagraph (B) remain unobligated,

20 the Attorney General shall use such amounts to

21 award grants to eligible recipients in another

22 State or Indian tribe to pay for the Federal

23 share of assisting eligible communities to de24 velop and carry out programs in accordance

25 with this subtitle. In awarding such grants, the
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1 Attorney General shall consider the need to

2 maintain geographic diversity among eligible re3 cipients.

4 (D) AVAILABILITY OF AMOUNTS.—

5 Amounts made available under this paragraph

6 shall remain available until expended.

7 (2) OTHER FISCAL YEARS.—In any fiscal year

8 in which the amount made available to carry out this

9 subtitle is equal to or less than $20,000,000, the At10 torney General may award grants on a competitive

11 basis to eligible recipients to pay for the Federal

12 share of assisting eligible communities to develop

13 and carry out programs in accordance with this sub14 title.

15 (3) ADMINISTRATIVE COSTS.—The Attorney

16 General may use not more than 3 percent of the

17 amounts made available to carry out this subtitle in

18 any fiscal year for administrative costs, including

19 training and technical assistance.

20 SEC. 423. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to carry out

22 this subtitle from the Violent Crime Reduction Trust

23 Fund—

24 (1) for fiscal year 2001, $125,000,000; and

25 (2) for fiscal year 2002, $125,000,000.
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1 Subtitle C—Missing Children

2 SEC. 431. AMENDMENTS TO THE MISSING CHILDREN’S AS3 SISTANCE ACT.

4 (a) DUTIES AND FUNCTIONS OF THE ADMINIS5 TRATOR.—Section 404 of the Missing Children’s Assist6 ance Act (42 U.S.C. 5773) is amended—

7 (1) by redesignating subsection (c) as sub8 section (d); and

9 (2) in subsection (b)—

10 (A) by striking ‘‘(b) The Administrator’’

11 and all that follows through ‘‘shall—’’ and in12 serting the following:

13 ‘‘(b) TOLL-FREE HOTLINE AND NATIONAL RE14 SOURCE CENTER.—The Administrator shall make grants

15 to or enter into contracts with the National Center for

16 Missing and Exploited Children, for purposes of—’’;

17 (B) in paragraph (1)—

18 (i) in subparagraph (A), by striking

19 ‘‘establish and operate’’ and inserting

20 ‘‘providing’’; and

21 (ii) in subparagraph (B), by adding

22 ‘‘and’’ at the end;

23 (C) in paragraph (2)—

24 (i) by striking ‘‘establish and operate’’

25 and inserting ‘‘operating’’;
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1 (ii) in subparagraph (A), by inserting

2 ‘‘foreign governments,’’ after ‘‘State and

3 local governments’’; and

4 (iii) in subparagraph (D)—

5 (I) by inserting ‘‘foreign govern6 ments,’’ after ‘‘State and local govern7 ments’’; and

8 (II) by striking ‘‘; and’’ at the

9 end and inserting a period;

10 (D) in paragraph (3), by striking ‘‘(3) pe11 riodically’’ and inserting the following:

12 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis13 trator, either by making grants to or entering into con14 tracts with public agencies or nonprofit private agencies,

15 shall—

16 ‘‘(1) periodically’’; and

17 (E) by redesignating paragraph (4) as

18 paragraph (2).

19 (b) GRANTS.—Section 405(a) of the Missing Chil20 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by

21 inserting ‘‘the National Center for Missing and Exploited

22 Children and with’’ before ‘‘public agencies’’.
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1 TITLE V—IMPROVING YOUTH

2 CRIME AND DRUG PREVENTION

3 Subtitle A—Comprehensive Study

4 of Federal Prevention Efforts

5 SEC. 501. STUDY BY NATIONAL ACADEMY OF SCIENCE.

6 (a) IN GENERAL.—The Attorney General shall enter

7 into a contract with a public or nonprofit private entity,

8 subject to subsection (b), for the purpose of conducting

9 a study or studies—

10 (1) to evaluate the effectiveness of federally

11 funded programs for preventing youth violence and

12 youth substance abuse;

13 (2) to evaluate the effectiveness of federally

14 funded grant programs for preventing criminal vic15 timization of juveniles;

16 (3) to identify specific Federal programs and

17 programs that receive Federal funds that contribute

18 to reductions in youth violence, youth substance

19 abuse, and risk factors among youth that lead to

20 violent behavior and substance abuse;

21 (4) to identify specific programs that have not

22 achieved their intended results; and

23 (5) to make specific recommendations on pro24 grams that—
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1 (A) should receive continued or increased

2 funding because of their proven success; or

3 (B) should have their funding terminated

4 or reduced because of their lack of effectiveness.

5 (b) NATIONAL ACADEMY OF SCIENCES.—The Attor6 ney General shall request the National Academy of

7 Sciences to enter into the contract under subsection (a)

8 to conduct the study or studies described in subsection (a).

9 If the Academy declines to conduct the study, the Attorney

10 General shall carry out such subsection through other

11 public or nonprofit private entities.

12 (c) ASSISTANCE.—In conducting the study under

13 subsection (a) the contracting party may obtain analytic

14 assistance, data, and other relevant materials from the

15 Department of Justice and any other appropriate Federal

16 agency.

17 (d) REPORTING REQUIREMENTS.—

18 (1) IN GENERAL.—Not later than January 1,

19 2000, the Attorney General shall submit a report de20 scribing the findings made as a result of the study

21 required by subsection (a) to the Committee on the

22 Judiciary and the Committee on Economic and Edu23 cational Opportunity of the House of Representa24 tives and the Committee on the Judiciary and the
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1 Committee on Labor and Human Resources of the

2 Senate.

3 (2) CONTENTS.—The report required by this

4 subsection shall contain specific recommendations

5 concerning funding levels for the programs evalu6 ated. Reports on the effectiveness of such programs

7 and recommendations on funding shall be provided

8 to the appropriate subcommittees of the Committee

9 on Appropriations of the House of Representatives

10 and the Committee on Appropriations of the Senate.

11 (e) FUNDING.—There are authorized to be appro12 priated to carry out the study under subsection (a)

13 $1,000,000,000.

14 Subtitle B—Evaluation Mandate

15 for Authorized Programs

16 SEC. 522. EVALUATION OF CRIME PREVENTION PROGRAMS.

17 The Attorney General, with respect to the programs

18 in titles II, III, and IV of this Act shall provide, directly

19 or through grants and contracts, for the comprehensive

20 and thorough evaluation of the effectiveness of each pro21 gram established by this Act and the amendments made

22 by this Act.

23 SEC. 523. EVALUATION AND RESEARCH CRITERIA.

24 (a) INDEPENDENT EVALUATIONS AND RESEARCH.—

25 Evaluations and research studies conducted pursuant to
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1 this subtitle shall be independent in nature, and shall em2 ploy rigorous and scientifically recognized standards and

3 methodologies.

4 (b) CONTENT OF EVALUATIONS.—Evaluations con5 ducted pursuant to this title may include comparison be6 tween youth participating in the programs and the com7 munity at large of rates of—

8 (1) delinquency, youth crime, youth gang activ9 ity, youth substance abuse, and other high risk fac10 tors;

11 (2) risk factors in young people that contribute

12 to juvenile violence, including academic failure, ex13 cessive school absenteeism, and dropping out of

14 school;

15 (3) risk factors in the community, schools, and

16 family environments that contribute to youth vio17 lence; and

18 (4) criminal victimizations of youth.

19 SEC. 524. COMPLIANCE WITH EVALUATION MANDATE.

20 The Attorney General may require the recipients of

21 Federal assistance for programs under this Act to collect,

22 maintain, and report information considered to be relevant

23 to any evaluation conducted pursuant to section 502, and

24 to conduct and participate in specified evaluation and as25 sessment activities and functions.
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1 SEC. 525. RESERVATION OF AMOUNTS FOR EVALUATION

2 AND RESEARCH.

3 (a) IN GENERAL.—The Attorney General, with re4 spect to titles II, III, and IV shall reserve not less than

5 2 percent, and not more than 4 percent, of the amounts

6 made available pursuant to such titles and the amend7 ments made by such titles in each fiscal year to carry out

8 the evaluation and research required by this title.

9 (b) ASSISTANCE TO GRANTEES AND EVALUATED

10 PROGRAMS.—To facilitate the conduct and defray the

11 costs of crime prevention program evaluation and re12 search, the Attorney General shall use amounts reserved

13 under this section to provide compliance assistance to

14 grantees under this Act who are selected to participate in

15 evaluations pursuant to section 522.

16 Subtitle C—Elimination of

17 Ineffective Programs

18 SEC. 531. SENSE OF SENATE REGARDING FUNDING

19 FOR PROGRAMS DETERMINED TO BE INEF20 FECTIVE.

21 It is the sense of the Senate that programs identified

22 in the study performed pursuant to section 501 as being

23 ineffective in addressing juvenile crime and substance

24 abuse should not receive Federal funding in any fiscal year

25 following the issuance of such study.
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1 TITLE VI—EXTENSION OF VIO2 LENT CRIME REDUCTION

3 TRUST FUND

4 SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION

5 TRUST FUND.

6 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE7 MENT ACT OF 1994.—Section 310001(b) of the Violent

8 Crime Control and Law Enforcement Act of 1994 (42

9 U.S.C. 14211(b)) is amended—

10 (1) in paragraph (5), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (6), by striking the period at

13 the end and inserting a semicolon; and

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

15 ‘‘(7) for fiscal year 2001, $6,500,000,000; and

16 ‘‘(8) for fiscal year 2002, $6,500,000,000.’’.

17 (b) BALANCED BUDGET AND EMERGENCY DEFICIT

18 CONTROL ACT OF 1985.—Section 251A(b) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985

20 (2 U.S.C. 901a(b)) is amended—

21 (1) by striking all after ‘‘$4,904,000,000.’’; and

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

23 ‘‘(E) For fiscal year 1999,

24 $5,639,000,000.
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1 ‘‘(F) For fiscal year 2000,

2 $6,225,000,000.

3 ‘‘(G) For fiscal year 2001,

4 $6,225,000,000.

5 ‘‘(H) For fiscal year 2002,

6 $6,225,000,000.’’.

7 (c) REDUCTION IN DISCRETIONARY SPENDING LIM8 ITS.—Beginning on the date of enactment of this Act, the

9 discretionary spending limits set forth in section 601(a)(1)

10 of the Congressional Budget Act of 1974 (2 U.S.C.

11 665(a)(2) (as adjusted in conformance with section 251

12 of the Balanced Budget and Emergency Deficit Control

13 Act of 1985, and in the Senate, with section 301 of House

14 Concurrent Resolution 178 (104th Congress)) for fiscal

15 years 2001 through 2002 are reduced as follows:

16 (1) For fiscal year 2001, for the discretionary

17 category: $6,500,000,000 in new budget authority

18 and $6,225,000,000 in outlays.

19 (2) For fiscal year 2002, for the discretionary

20 category: $6,500,000,000 in new budget authority

21 and $6,225,000,000 in outlays.

Æ