I

105TH CONGRESS

1ST SESSION H. R. 810

To deter and punish serious gang and violent crime, promote accountability

in the juvenile justice system, prevent juvenile and youth crime, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1997

Mr. SCHUMER (by request) introduced the following bill; which was referred

to the Committee on the Judiciary, and in addition to the Committee on

Education and the Workforce, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To deter and punish serious gang and violent crime, promote

accountability in the juvenile justice system, prevent juvenile and youth crime, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Anti-Gang and Youth Violence Act of 1997’’.

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

7 this Act is as follows:

Section 1. Short title; table of contents.
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TITLE I—FINDINGS AND PURPOSE

Sec. 1001. Findings.

Sec. 1002. Declaration of purpose and policy.

Sec. 1003. Definitions.

TITLE II—TARGETING VIOLENT GANG, GUN, AND DRUG CRIMES

Subtitle A—Federal Prosecutions Targeting Violent Gangs, Gun Crimes and

Illicit Gun Markets, and Drugs

PART 1—TARGETING GANG AND OTHER VIOLENT CRIMES

Sec. 2111. Increased penalties under the RICO law for gang and violent crimes.

Sec. 2112. Increased penalty and broadened scope of statute against violent

crimes in aid of racketeering.

Sec. 2113. Facilitating the prosecution of carjacking offenses.

Sec. 2114. Facilitation of RICO prosecutions.

Sec. 2115. Elimination of the statute of limitations for murder and class A offenses.

Sec. 2116. Forfeiture for crimes of violence, racketeering, and obstruction of

justice.

PART 2—TARGETING SERIOUS GUN CRIMES AND PROTECTING CHILDREN

FROM GUN VIOLENCE

Sec. 2121. Gun ban for dangerous juvenile offenders.

Sec. 2122. Locking devices for firearms.

Sec. 2123. Enhanced penalties for discharging or possessing a firearm during

a crime of violence or drug trafficking crime.

Sec. 2124. Juvenile handgun possession.

Sec. 2125. Increased penalty for firearms conspiracy.

PART 3—TARGETING ILLICIT GUN MARKETS

Sec. 2131. Certain gang-related firearms offenses as RICO predicates.

Sec. 2132. Felony treatment for offenses tantamount to aiding and abetting

unlawful purchases.

Sec. 2133. Secure storage of firearms inventories.

Sec. 2134. Suspension of Federal firearms licenses and civil penalties for willful

violations of the Gun Control Act.

Sec. 2135. Transfers of firearms to commit a crime of violence.

Sec. 2136. Increased penalty for knowingly receiving firearm with obliterated

serial number.

Sec. 2137. Amendment of the sentencing guidelines for transfers of firearms to

prohibited persons.

Sec. 2138. Forfeiture of firearms used in crimes of violence and felonies.

Sec. 2139. Forfeiture for gun trafficking.

PART 4—TARGETING SERIOUS DRUG CRIMES AND PROTECTING CHILDREN

FROM DRUGS

Sec. 2141. Increased penalties for using minors to distribute drugs.

Sec. 2142. Increased penalties for distributing drugs to minors.

Sec. 2143. Increased penalty for drug trafficking in or near a school or other

protected location.

Sec. 2144. Serious juvenile drug trafficking offenses as armed career criminal

act predicates.
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Sec. 2145. Attorney General authority to reschedule certain drugs posing imminent danger to public safety.

Sec. 2146. Increased penalties for using Federal property to grow or manufacture controlled substances.

Sec. 2147. Clarification of length of supervised release terms in controlled substance cases.

Sec. 2148. Technical correction to ensure compliance of sentencing guidelines

with provisions of all Federal statutes.

Sec. 2149. Drug testing, treatment, and supervision of incarcerated offenders.

Subtitle B—Grants to Prosecutors’ Offices to Target Gang Crime and Violent

Juveniles

Sec. 2201. Authority to make grants to prosecutors to combat gang crime and

youth violence.

Sec. 2202. Recipients.

Sec. 2203. Authorization of appropriations.

Sec. 2204. Training, technical assistance, research, statistics, and evaluation.

Subtitle C—Youth Violence Courts

Sec. 2301. Creation of Youth Violence Courts.

TITLE III—PROTECTING WITNESSES TO HELP PROSECUTE

GANGS AND OTHER VIOLENT CRIMINALS

Sec. 3001. Interstate travel to engage in witness intimidation or obstruction of

justice.

Sec. 3002. Expanding pretrial detention eligibility for serious gang and other

violent criminals.

Sec. 3003. Conspiracy penalty for obstruction of justice offenses involving victims, witnesses, and informants.

TITLE IV—PROTECTING VICTIMS’ RIGHTS

Sec. 4001. Access of victims and public to records of crimes committed by juvenile delinquents.

Sec. 4002. Victims of Child Abuse Act extension of authorizations.

TITLE V—FEDERAL PROSECUTION OF SERIOUS AND VIOLENT

JUVENILE OFFENDERS

Sec. 5001. Short title.

Sec. 5002. Delinquency proceedings of criminal prosecutions in district courts.

Sec. 5003. Custody prior to appearance before judicial officer.

Sec. 5004. Technical and conforming amendments to section 5034.

Sec. 5005. Speedy trial.

Sec. 5006. Disposition; availability of increased detention, fines and supervised

release for juvenile offenders; availabililty of victim restitution.

Sec. 5007. Technical amendments of sections 5031 and 5034.

TITLE VI—INCARCERATION OF JUVENILES IN THE FEDERAL

SYSTEM

Sec. 6001. Detention of juveniles prior to disposition or sentencing.

Sec. 6002. Rules governing the commitment of juveniles.
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TITLE VII—OFFICE OF JUVENILE CRIME CONTROL AND

PREVENTION

Sec. 7001. Short title.

Subtitle A—Creation of the Office of Juvenile Crime Control and Prevention

Sec. 7101. Establishment of Office.

Sec. 7102. Conforming amendments.

Sec. 7103. Authorization of appropriations.

Subtitle B—Juvenile Crime Assistance

Sec. 7201. Formula grant assistance.

Sec. 7202. Indian trial grants.

Sec. 7203. At-risk children grant program.

Sec. 7204. Developing, testing, and demonstrating promising programs.

Sec. 7205. Incentive grant programs.

Sec. 7206. Research, statistics, and evaluation.

Sec. 7207. Training and technical assistance.

Subtitle C—Missing and Exploited Children

Sec. 7301. Extension of authorization and uses of funds.

Sec. 7302. Corrections.

Sec. 7303. Conforming amendment.

1 TITLE I—FINDINGS AND PURPOSES

2 SEC. 1001. FINDINGS.

3 (a) The rate of juvenile crime remains unacceptably

4 high, as does the abuse and trafficking of drugs by and

5 to juveniles.

6 (b) The prevalence of gangs and gang-related violence

7 has increased drastically over the last decade and remains

8 a serious concern.

9 (c) The prevalence of illegal gun markets fuels use

10 of illegal guns by juveniles, and the number of juvenile

11 homicides involving guns has increased dramatically in the

12 past several years.

13 (d) There is an increasing and urgent need to better

14 understand the causes of crime and violence committed
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1 by juveniles and young adults, and to identify those initia2 tives and strategies that are effective in reducing and pre3 venting juvenile and youth crime.

4 (e) Accurate statistical information, collected, ana5 lyzed, and disseminated in a timely manner is necessary

6 to the Nation’s ability to fully understand, assess, and ad7 dress issues related to youth violence.

8 (f) Where appropriate, the Federal Government

9 needs to be able to better prosecute and hold accountable

10 juveniles who commit certain serious felonies.

11 (g) State and local prosecutors face serious backlogs

12 in cases involving young violent offenders, especially gang

13 members, many of whom are repeat offenders.

14 (h) Juvenile courts, prosecutorial and public defender

15 offices, probation services, and correctional facilities are

16 overburdened and have not been able to effectively process,

17 detain, sentence, protect, or treat juvenile offenders.

18 (i) Victims and witnesses of juvenile crimes need to

19 be better protected by the justice system and be able to

20 more fully participate in juvenile proceedings.

21 (j) Emphasis should be placed on preventing youth

22 from committing crimes.
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1 (k) The Federal Government has a unique and vital

2 role in providing the leadership, focus, and resources need3 ed to successfully address gangs, youth violence and juve4 nile crime.

5 (l) The high incidence of juvenile crime in the United

6 States results in an enormous annual cost and immeas7 urable loss of human life, personal security, and wasted

8 human resources and that juvenile crime constitutes a

9 growing threat to the national welfare requiring immediate

10 and comprehensive action by the Federal Government to

11 reduce and prevent this type of crime.

12 SEC. 1002. DECLARATION OF PURPOSE AND POLICY.

13 (a) The Federal Government, through enforcement

14 and funding initiatives, plays an essential role in combat15 ing juvenile crime, gang violence, and drug use and assist16 ing the victims of juvenile crime. The Federal Government

17 has a unique and comprehensive function that includes

18 fortifying and creating new, stronger, and more effective

19 alliances with States, Indian tribes, cities, counties, and

20 communities in the fight against juvenile crime, its causes,

21 and consequences.

22 (b) It is the purpose of this Act—

23 (1) to strengthen, in appropriate cases, Federal

24 prosecutions of serious and violent juvenile offenders

25 by: providing Federal prosecutors with the discretion
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1 to transfer juvenile offenders to adult criminal court;

2 expanding the categories of serious felonies for

3 which a juvenile can be prosecuted as an adult in

4 Federal court to include certain firearms and drug

5 offenses, violent crimes, and conspiracy; and permit6 ting an adjudication of delinquency for a serious

7 drug trafficking offense to qualify as a predicate of8 fense under the Armed Career Criminal Act;

9 (2) to target illegal gun use and gun markets,

10 gang involvement, gang violence, drug use, drug

11 trafficking, and drug-related crime;

12 (3) to hold juvenile offenders accountable for

13 their actions by ensuring accountability-based grad14 uated sanctions are applied for every violation of the

15 law;

16 (4) to implement a comprehensive and effective

17 effort that provides necessary resources and other

18 support for State, tribal, and local juvenile crime en19 forcement, intervention, sanction, and prevention ini20 tiatives;

21 (5) to assist State and local communities in ef22 fectively and efficiently addressing and preventing

23 juvenile substance-abuse and drug-related juvenile

24 crime;
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1 (6) to promote research, evaluation, and infor2 mation and data collection procedures and activities

3 that identify and disseminate information on effec4 tive programs and initiatives that combat juvenile

5 crime;

6 (7) to test promising strategies and programs

7 that reduce or prevent juvenile crime, and establish

8 flexible demonstration programs that effectively sup9 port State and local initiatives to prevent and reduce

10 juvenile cirme;

11 (8) to maintain fundamental safeguards to pro12 tect juveniles from harm while in custody;

13 (9) to provide resources for courts to address

14 violent juveniles and similarly use expanded correc15 tions options for juvenile offenders who pose serious

16 danger to the community and to other, less dan17 gerous juvenile offenders;

18 (10) to protect witnesses and victims of juvenile

19 crime from intimidation and expand victim access to

20 juvenile proceedings; and

21 (11) to establish a new Office of Juvenile Crime

22 Control and Prevention within the Office of Justice

23 Programs to provide leadership, resources, and co24 ordination for State, local, and Indian tribal efforts.
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1 SEC. 1003. DEFINITIONS.

2 (a) Section 901 of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3791, et

4 seq.) is amended by adding after paragraph (23) the fol5 lowing new paragraphs—

6 ‘‘(26) the term ‘community based’ facility, pro7 gram, or service means a small, open group home or

8 other suitable place located near the juvenile’s home

9 or family and programs of community supervision

10 and service that maintain community and consumer

11 participation in the planning operation, and evalua12 tion of their programs that may include, but are not

13 limited to, medical, educational, vocational, social

14 and psychological guidance, training, special edu15 cation, counseling, alcoholism treatment, drug treat16 ment, and other rehabilitative services;

17 ‘‘(27) the term ‘Federal juvenile delinquency pro18 gram’ means any juvenile delinquency program that

19 is conducted, directly, or indirectly, or is assisted by

20 any Federal department or agency;

21 ‘‘(28) the term ‘juvenile delinquency program’

22 means any program or activity related to juvenile de23 linquency prevention, control, diversion, treatment,

24 rehabilitation, planning, education, training, and re25 search, including drug and alcohol abuse programs;

26 the improvement of the juvenile justice system; and
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1 any program or activity to help prevent juvenile de2 linquency;

3 ‘‘(29) the term ‘combination’ as applied to States

4 or units of local government means any grouping or

5 joining together of such States or units for the pur6 pose of preparing, developing, or implementing a

7 program, initiative, or activity under this title;

8 ‘‘(30) the term ‘secure detention facility’ means

9 any public or private residential facility that—

10 ‘‘(A) uses construction fixtures to physically

11 restrict the movements and activities of juve12 niles or other individuals held in lawful custody

13 in such facility; and

14 ‘‘(B) is used for the temporary placement of

15 any juvenile who is accused of having commit16 ted an offense or of any other individual ac17 cused of having committed a criminal offense;

18 ‘‘(31) the term ‘secure correctional facility’ means

19 any public or private residential facility that—

20 ‘‘(A) uses construction fixtures to physically

21 restrict the movements and activities of juve22 niles or other individuals held in lawful custody

23 in such facility; and

24 ‘‘(B) is used for the placement, after adju25 dication and disposition, of any juvenile who
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1 has been adjudicated as having committed an

2 offense, or any other individual convicted of a

3 criminal offense;

4 ‘‘(32) the term ‘serious crime’ means criminal

5 homicide, forcible rape or other sex offenses punish6 able as a felony, hate crimes, mayhem, kidnaping,

7 aggravated assault, robbery, larceny or theft punish8 able as a felony, motor vehicle theft, burglary or

9 breaking and entering, extortion accompanied by

10 threats of violence, drug trafficking, firearms viola11 tions, or arson punishable as a felony;

12 ‘‘(33) the term ‘treatment’ includes, but is not

13 limited to medical, educational, special education, so14 cial, psychological, and vocational services, corrective

15 and preventive guidance and training, and other re16 habilitative services designed to protect the public,

17 including services designed to benefit addicts and

18 other users by eliminating their dependence on alco19 hol or other addictive or nonaddictive drugs or by

20 controlling their dependence and susceptibility to ad21 diction or use;

22 ‘‘(34) the term ‘valid court order’ means a

23 court order given by a juvenile court judge to a juve24 nile—
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1 ‘‘(A) who was brought before the court and

2 made subject to such order;

3 ‘‘(B) who received, before the issuance of

4 such order, the full due process rights guaran5 teed to such juvenile by the Constitution of the

6 United States or to Indian juvenile offenders

7 under the Indian Civil Rights Act (25 U.S.C.

8 1301 et seq.);

9 ‘‘(C) with respect to whom an appropriate

10 public or private agency, before a disposition of

11 confinement in a secure detention facility or a

12 secure correctional facility, has reviewed the be13 havior of such juvenile, its causes, the

14 dispositional alternatives available, and has sub15 mitted to the court a report and recommenda16 tion.

17 ‘‘(35) the term ‘jail or lockup for adults’ means

18 a locked facility that is used by a State, unit of local

19 government, or any law enforcement authority to de20 tain or confine adults—

21 ‘‘(A) pending the filing of a charge of vio22 lating a criminal law;

23 ‘‘(B) awaiting trial on a criminal charge;

24 or

25 ‘‘(C) convicted of violating a criminal law.
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1 ‘‘(36) the term ‘nonprofit organization’ means

2 an organization described in section 501(c)(3) of

3 title 26 of the United States Code that is exempt

4 from taxation under Section 501(a) of title 26 of the

5 United States Code.

6 ‘‘(37) the term ‘council’ means the Coordinat7 ing Council on Juvenile Crime Control and Preven8 tion established at Section 2701(d) of the Anti-Gang

9 and Youth Violence Act of 1997.

10 ‘‘(38) the term ‘young violent offenders’ has the

11 meaning given that term under 42 United States

12 Code 13868.

13 ’’(39) the term ‘Indian tribe’ means an Indian

14 or Alaskan native tribe, band, nation, pueblo, village,

15 or community that the Secretary of the Interior ac16 knowledges to exist as an Indian tribe pursuant to

17 25 U.S.C. 479a–1.

18 ‘‘(40) the term ‘Indian tribal government’

19 means the legally recognized leadership of an Indian

20 tribe, band, nation, pueblo, village, or community.

21 ‘‘(41) the term ‘prosecutor’ means a prosecu22 tor’s office or that entity of a State government, or

23 any political subdivision thereof, or of an Indian

24 tribal government, that has, or routinely exercises,
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1 direct responsibility for the prosectution of criminal

2 offenders.’’.

3 (b) Section 901(a)(21) of title I of the Omnibus

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

5 3791, et seq.) is amended by—

6 (1) inserting the words ‘‘ or juvenile’’ between

7 the words ‘‘criminal’’ and ‘‘justice’’ the first time

8 they appear; and

9 (2) striking the words ‘‘the criminal justice sys10 tem’’ the last time they appear and inserting in their

11 place the words ‘‘either the criminal or juvenile jus12 tice systems.’’.

13 TITLE II—TARGETING VIOLENT GANG,

14 GUN AND DRUG CRIMES

15 Subtitle A—Federal Prosecutions Targeting

16 Violent Gangs, Gun Crimes and Illicit

17 Gun Markets, and Drugs

18 PART 1—TARGETING GANG AND OTHER VIOLENT

19 CRIMES

20 SEC. 2111. INCREASED PENALTIES UNDER THE RICO LAW

21 FOR GANG AND VIOLENT CRIMES.

22 Section 1963(a) of title 18, United States Code, is

23 amended by striking ‘‘or imprisoned not more than 20

24 years (or for life if the violation is based on a racketeering
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1 activity for which the maximum penalty includes life im2 prisonment), or both,’’ and inserting ‘‘or imprisoned not

3 more than the greater of 20 years or the statutory maxi4 mum term of imprisonment (including life) applicable to

5 a racketeering activity on which the violation is based, or

6 both,’’.

7 SEC. 2112. INCREASED PENALTY AND BROADENED SCOPE

8 OF STATUTE AGAINST VIOLENT CRIMES IN

9 AID OF RACKETEERING.

10 Section 1959(a) of title 18, United States Code, is

11 amended—

12 (1) by inserting ‘‘or commits any other crime of

13 violence’’ before ‘‘or threats to commit a crime of vi14 olence’’;

15 (2) in paragraph (4) by inserting ‘‘committing

16 any other crime of violence or for’’ before ‘‘threaten17 ing to commit a crime of violence’’, and by striking

18 ‘‘five’’ and inserting ‘‘ten’’;

19 (3) in paragraph (5) by striking ‘‘for not more

20 than ten years’’ and inserting ‘‘for any term of years

21 or for life’’.

22 (4) in paragraph (6) by striking ‘‘or’’ before

23 ‘‘assault resulting in serious bodily injury’’, by in24 serting ‘‘or any other crime of violence’’ after those
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1 same words, and by striking ‘‘three’’ and inserting

2 ‘‘ten’’; and

3 (5) by inserting ‘‘(as defined in section 1365 of

4 this title)’’ after ‘‘serious bodily injury’’ the first

5 place it appears.

6 SEC. 2113. FACILITATING THE PROSECUTION OF

7 CARJACKING OFFENSES.

8 Section 2119 of title 18, United States Code, is

9 amended by striking ‘‘, with the intent to cause death or

10 serious bodily harm’’.

11 SEC. 2114. FACILITATION OF RICO PROSECUTIONS.

12 Section 1962(d) of title 18, United States Code, is

13 amended by adding at the end ‘‘For purposes of this sub14 section, it is not necessary to establish that the defendant

15 agreed personally to commit any acts of racketeering ac16 tivity.’’

17 SEC. 2115. ELIMINATION OF THE STATUTE OF LIMITATIONS

18 FOR MURDER AND CLASS A OFFENSES.

19 (a) Section 3281 of title 18, United States Code, is

20 amended to read as follows:

21 ‘‘§ 3281. Capital offenses and class A felonies involv22 ing murder

23 ‘‘An indictment for any offense punishable by death

24 or an indictment or information for a class A felony involv25 ing murder (as defined in section 1111 of this title or as
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1 defined under applicable state law in the case of an offense

2 under section 1963(a) of this title involving racketeering

3 activity described in section 1961(1) of this title) may be

4 found at any time without limitation.’’.

5 (b) The amendment made by subsection (a) shall

6 apply to any offense for which the applicable statute of

7 limitations had not run as of the date of enactment of

8 such subsection.

9 (c) Chapter 213 of title 18, United States Code, is

10 amended by adding at the end the following new section:

11 ‘‘§ 3295. Class A violent and drug trafficking offenses

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

13 be prosecuted, tried, or punished for a class A felony that

14 is a crime of violence or a drug trafficking crime (as de15 fined in section 924(c) of this title) unless the indictment

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

17 the commission of the offense.’’.

18 (d) The amendment made by subsection (c) shall

19 apply to any offense for which the applicable statute of

20 limitations had not run as of the date of enactment of

21 such subsection.

22 (e) The table of sections for chapter 213 of title 18,

23 United States Code, is amended by (1) in the item relating

24 to section 3281, inserting ‘‘and class A felonies involving
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1 murder’’ before the period, and (2) adding at the end the

2 following:

‘‘3295. Class A violent and drug trafficking offenses.’’.

3 SEC. 2116. FORFEITURE FOR CRIMES OF VIOLENCE, RACK4 ETEERING AND OBSTRUCTION OF JUSTICE.

5 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

6 18, United States Code, is amended by adding the follow7 ing subparagraph:

8 ‘‘(H) Any proceeds of a crime of violence

9 (as defined in Section 16), an offense under

10 chapter 95 (racketeering), or any offense under

11 chapter 73 (obstruction of justice), or a con12 spiracy to commit such offense, any property

13 used to facilitate such offense, and any property

14 traceable to such property.

15 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

16 18, United States Code, is amended by inserting the fol17 lowing new paragraph:

18 ‘‘(9) The court, in imposing a sentence on a person

19 convicted of a crime of violence (as defined in section 16),

20 an offense under chapter 95 (racketeering), or any offense

21 under chapter 73 (obstruction of justice), or a conspiracy

22 to commit such offense, shall order the person to forfeit

23 to the United States any proceeds derived from such of24 fense, any property used or intended to be used to commit
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1 such offense, and any property traceable to such prop2 erty.’’.

3 PART 2—TARGETING SERIOUS GUN CRIMES AND

4 PROTECTING CHILDREN FROM GUN VIOLENCE

5 SEC. 2121. GUN BAN FOR DANGEROUS JUVENILE OFFEND6 ERS.

7 (a) DEFINITION.—Section 921(a)(20) of title 18,

8 United States Code, is amended—

9 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

10 (2) by redesignating subparagraphs (A) and

11 (B) as clauses (i) and (ii);

12 (3) by inserting after subparagraph (A) the fol13 lowing new subparagraph:

14 ‘‘(B) For purposes of section 922(d), (g),

15 and (s) of this chapter, the term ‘act of juvenile

16 delinquency’ means an adjudication of delin17 quency based on a finding of the commission of

18 an act by a person prior to his or her eight19 eenth birthday that, if committed by an adult,

20 would be a serious drug offense or violent fel21 ony (as defined in section 3559(c)(2) of this

22 title), on or after the date of enactment of this

23 paragraph.’’; and

24 (4) by striking ‘‘What constitutes’’ through the

25 end and inserting the following: ‘‘What constitutes a
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1 conviction of such a crime or an adjudication of ju2 venile delinquency shall be determined in accordance

3 with law of the jurisdiction in which the proceedings

4 were held. Any State conviction or adjudication of

5 delinquency which has been expunged or set aside

6 for which a person has been pardoned or has had

7 civil rights restored by the jurisdiction in which the

8 conviction or adjudication of delinquency occurred

9 shall nevertheless be considered a conviction or adju10 dication of delinquency unless (i) the expunction,

11 set-aside, pardon or restoration of civil rights is di12 rected to a specific person, (ii) the State authority

13 granting the expunction, set aside, pardon or res14 toration of civil rights has expressly determined that

15 the circumstances regarding the conviction and the

16 person’s record and reputation are such that the

17 person will not act in a manner dangerous to public

18 safety, and (iii) the expunction, set aside, pardon, or

19 restoration of civil rights expressly authorizes the

20 person to ship, transport, receive, or possess fire21 arms. The requirement of this subparagraph for an

22 individualized restoration of rights shall apply

23 whether or not, under State law, the person’s civil

24 rights were taken away by virtue of the conviction

25 or adjudication.’’.
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1 (b) PROHIBITION.—Section 922 of title 18, United

2 States Code is amended—

3 (1) in subsection (d)—

4 (A) by striking ‘‘or’’ at the end of para5 graph (8);

6 (B) by striking the period at the end of

7 paragraph (9) and inserting ‘‘; or’’; and

8 (C) by inserting after paragraph (9) the

9 following:

10 ‘‘(10) who has committed an act of juvenile de11 linquency.’’;

12 (2) in subsection (g)—

13 (A) by striking ‘‘or’’ at the end of para14 graph (8) ;

15 (B) by striking the period at the end of

16 paragraph (9) and inserting ‘‘; or’’, and

17 (C) by inserting after paragraph (9) the

18 following:

19 ‘‘(10) who has committed an act of juvenile de20 linquency.’’; and

21 (3) in subsection (s)(3)(B)—

22 (A) by striking ‘‘and’’ at the end of clause

23 (vi);

24 (B) by inserting ‘‘and’’ after the semicolon

25 at the end of clause (vii); and
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1 (C) by inserting after clause (vii) the fol2 lowing:

3 ‘‘(viii) has not committed an act of ju4 venile delinquency.’’.

5 SEC. 2122. LOCKING DEVICES FOR FIREARMS.

6 (a) DEFINITION.—Section 921(a), title 18, United

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

9 (33) The term ‘‘locking device’’ means:

10 ‘‘(A) a device that when installed on a fire11 arm and secured by means of a key or mechani12 cally, electronically, or electro-mechanically op13 erated combination lock prevents the firearm

14 from being discharged without first deactivating

15 or removing the device by means of a key or

16 mechanically, electronically, or electron-me17 chanically operated combination lock; or

18 ‘‘(B) a mechanical, electrical, or electro19 mechanical locking mechanism incorporated

20 into the design of the firearm that prevents dis21 charge of the weapon by anyone not having ac22 cess to the key or other device designed to

23 unlock and allow discharge of the firearm.’’.
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1 (b) SALE OF LOCKING DEVICES BY FEDERAL FIRE2 ARMS LICENSEES.—Section 922, title 18, United States

3 Code, is amended by adding at the end the following:

4 ‘‘(y) It shall be unlawful for any licensed importer,

5 licensed manufacturer, or licensed dealer to sell or deliver

6 any firearm to any person (other than a licensed importer,

7 licensed manufacturer, or licensed dealer) unless the

8 transferee is provided with a locking device that prevents

9 the firearm from discharging.’’.

10 (c) PENALTIES.—Section 924 is amended—

11 (1) in subsection (a)(1) by striking ‘‘or (f)’’ and

12 inserting ‘‘(f), or (o)’’; and

13 (2) by adding at the end a new subsection (o)

14 to read as follows:

15 ‘‘(o) The Secretary may, after notice and opportunity

16 for hearing, suspend or revoke any license issued under

17 this chapter or may subject the licensee to a civil penalty

18 of not more than $10,000 if the holder of such license

19 has knowingly violated section 922(y). The Secretary’s ac20 tions under this subsection may be reviewed only as pro21 vided in section 923(f).

22 (d) EFFECTIVE DATE.—The amendments made by

23 this section shall be effective 180 days after the date of

24 enactment.
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1 SEC. 2123. ENHANCED PENALTIES FOR DISCHARGING OR

2 POSSESSING A FIREARM DURING A CRIME OF

3 VIOLENCE OR DRUG TRAFFICKING CRIME.

4 (a) Sections 924(c)(1) and 929(a)(1) of title 18,

5 United States Code, are each amended by striking ‘‘uses

6 or carries a firearm’’ and inserting ‘‘possesses a firearm.’’

7 (b) Section 924(c)(1) of title 18, United States Code,

8 is further amended by inserting ‘‘or if the firearm is dis9 charged or is used to cause serious bodily injury (as de10 fined in section 1365 of this title),’’ before ‘‘to imprison11 ment for ten years’’.

12 SEC. 2124. JUVENILE HANDGUN POSSESSION.

13 Section 924(a)(6) of title 18, United States Code, is

14 amended—

15 (1) by striking subparagraph (A) and inserting

16 the following:

17 ‘‘(A) A juvenile who violates section 922(x)

18 shall be fined under this title, imprisoned not

19 more than one year, or both, and for a second

20 or subsequent violation, or for a first violation

21 committed after an adjudication of delinquency

22 for an act that, if committed by an adult, would

23 be a serious violent felony (as defined in section

24 3559(c) of this title), shall be fined under this

25 title, imprisoned not more than five years, or

26 both.’’;
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1 (2) in clause (i) of subparagraph (B), by strik2 ing ‘‘one year’’ and inserting ‘‘five years’’; and

3 (3) in clause (ii) of subparagraph (B), by strik4 ing ‘‘not more than 10 years’’ and inserting ‘‘not

5 less than 3 nor more than 10 years’’.

6 SEC. 2125. INCREASED PENALTY FOR FIREARMS CON7 SPIRACY.

8 Section 924 of title 18, United States Code, is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(o) Except as otherwise provided in this section, a

12 person who conspires to commit an offense defined in this

13 chapter shall be subject to the same penalties (other than

14 the penalty of death) as those prescribed for the offense

15 the commission of which is the object of the conspiracy.’’.

16 PART 3—TARGETING ILLICIT GUN MARKETS

17 SEC. 2131. CERTAIN GANG-RELATED FIREARMS OFFENSES

18 AS RICO PREDICATES.

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

20 amended by inserting after ‘‘891–894 (relating to extor21 tionate credit transactions),’’ the following: ‘‘section

22 924(a) insofar as such offense is a violation of section 922

23 (a)(1), (a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1), or

24 section 924 (b), (g), (h), (k), (l), or (m) (relating to fire25 arms violations),’’.
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1 SEC. 2132. FELONY TREATMENT FOR OFFENSES TANTA2 MOUNT TO AIDING AND ABETTING UNLAW3 FUL PURCHASES.

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

5 amended by striking the period and inserting ‘‘; but if the

6 violation is in relation to an offense (i) under subsection

7 (b)(1) or (b)(3) of section 922, shall be fined under this

8 title, imprisoned not more than five years, or both, or (ii)

9 under subsection (a)(6) or (d) of section 922, shall be

10 fined under this title, imprisoned not more than ten years,

11 or both.’’.

12 SEC. 2133. SECURE STORAGE OF FIREARMS INVENTORIES.

13 (a) STORAGE REQUIREMENTS.—Section 923 is

14 amended by adding at the end the following:

15 ‘‘(m) It shall be unlawful for any licensed importer,

16 licensed manufacturer, or licensed dealer (other than a

17 dealer as defined in section 921(a)(11)(B)) to store any

18 firearms in their business inventory in a manner not in

19 conformity with regulations issued by the Secretary. In is20 suing such regulations, the Secretary shall take into con21 sideration the type and quantity of the firearms to be

22 stored, as well as the standards of safety and security rec23 ognized in the firearms industry.’’.

24 (b) PENALTIES.—Section 924 is amended——

25 (1) in subsection (a)(1) by striking ‘‘or (f)’’ and

26 inserting ‘‘(f), or (o)’’; and
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1 (2) by adding at the end a new subsection (o)

2 to read as follows:

3 ‘‘(o) The Secretary may, after notice and opportunity

4 for hearing, suspend or revoke any license issued under

5 this chapter or may subject the licensee to a civil penalty

6 of not more than $10,000 if the holder of such license

7 has knowingly violated section 923(m). The Secretary’s

8 actions under this subsection may be reviewed only as pro9 vided in section 923(f).’’

10 (c) CONDITION OF LICENSING.—Section

11 923(d)(1)(F) is amended:

12 (1) in subclause (II) by striking ‘‘and’’ the sec13 ond time it appears;

14 (2) in clause (iii) by striking ‘‘license.’’ and in15 serting ‘‘license; and’’; and

16 (3) by adding at the end a new clause (iv) to

17 read as follows:

18 ‘‘(iv) within 30 days after the applica19 tion is approved the firearms inventory of

20 the business will be stored in compliance

21 with section 923(m) and regulations issued

22 thereunder.

23 (d) EFFECTIVE DATE.—The amendments made by

24 this section shall be effective 180 days after the date of

25 enactment.
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1 SEC. 2134. SUSPENSION OF FEDERAL FIREARMS LICENSES

2 AND CIVIL PENALTIES FOR WILLFUL VIOLA3 TIONS OF THE GUN CONTROL ACT.

4 Sections 923 (e) and (f) of title 18, United States

5 Code, are amended to read as follows:

6 ‘‘(e) The Secretary may, after notice and opportunity

7 for hearing, suspend or revoke any license issued under

8 this section, or may subject the licensee to a civil penalty

9 of not more than $10,000 per violation, if the holder of

10 such license has willfully violated any provision of this

11 chapter or any rule or regulation prescribed by the Sec12 retary under this chapter. The Secretary may, after notice

13 and opportunity for hearing, suspend or revoke the license

14 of, or assess a civil penalty of not more than $10,000 on,

15 a dealer who willfully transfers armor piercing ammuni16 tion. The Secretary may at any time compromise, miti17 gate, or remit the liability with respect to any willful viola18 tion of this chapter or any rule or regulation prescribed

19 by the Secretary under this chapter. The Secretary’s ac20 tions under this subsection may be reviewed only as pro21 vided in subsection (f) of this section.

22 ‘‘(f)(1) Any person whose application for a license is

23 denied and any holder of a license which is suspended or

24 revoked or who is assessed a civil penalty shall receive a

25 written notice from the Secretary stating specifically the

26 grounds upon which the application was denied or upon
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1 which the license was suspended or revoked or the civil

2 penalty assessed. Any notice of a suspension or revocation

3 of a license shall be given to the holder of such license

4 before the effective date of the suspension or revocation.

5 ‘‘(2) If the Secretary denies an application for a li6 cense, or suspends or revokes a license, or assesses a civil

7 penalty, he shall, upon request by the aggrieved party,

8 promptly hold a hearing to review his denial, suspension,

9 revocation, or assessment. In the case of a suspension or

10 revocation of a license, the Secretary shall, upon the re11 quest of the holder of the license, stay the effective date

12 of the suspension or revocation. A hearing under this

13 paragraph shall be held at a location convenient to the

14 aggrieved party.

15 ‘‘(3) If after a hearing held under paragraph (2) the

16 Secretary decides not to reverse his decision to deny an

17 application or suspend or revoke a license or assess a civil

18 penalty, the Secretary shall give notice of his decision to

19 the aggrieved party. The aggrieved party may at any time

20 within sixty days after the date notice was given under

21 this paragraph file a petition with the United States dis22 trict court for the district in which he resides or has his

23 principal place of business for a de novo judicial review

24 of such denial, suspension, revocation, or assessment. In

25 a proceeding conducted under this subsection, the court
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1 may consider any evidence submitted by the parties to the

2 proceeding whether or not such evidence was considered

3 at the hearing held under paragraph (2). If the court de4 cides that the Secretary was not authorized to deny the

5 application or to suspend or revoke the license or to assess

6 the civil penalty, the court shall order the Secretary to

7 take such action as may be necessary to comply with the

8 judgment of the court.’’.

9 SEC. 2135. TRANSFER OF FIREARM TO COMMIT A CRIME OF

10 VIOLENCE.

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

12 amended by inserting ‘‘or having reasonable cause to be13 lieve’’ after ‘‘knowing’’.

14 SEC. 2136. INCREASED PENALTY FOR KNOWINGLY RECEIV15 ING FIREARM WITH OBLITERATED SERIAL

16 NUMBER.

17 Section 924(a) of title 18, United States Code, is

18 amended—

19 (1) in subparagraph (a)(1)(B) by striking

20 ‘‘(k),’’; and

21 (2) in paragraph (2) by inserting ‘‘(k),’’ after

22 ‘‘(j),’’.
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1 SEC. 2137. AMENDMENT OF THE SENTENCING GUIDELINES

2 FOR TRANSFERS OF FIREARMS TO PROHIB3 ITED PERSONS.

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

5 28, United States Code, the United States Sentencing

6 Commission shall amend the Federal sentencing guidelines

7 to increase the base offense level for offenses subject to

8 section 2K2.1 (Unlawful Receipt, Possession, or Transpor9 tation of Firearms or Ammunition; Prohibited Trans10 actions Involving Firearms or Ammunitions) to assume

11 that a person who transferred a firearm or ammunition

12 and who knew or had reasonable cause to believe that the

13 transferee was a prohibited person is subject to the same

14 base offense level as the transferee. This provision shall

15 not require the same offense level for the transferor and

16 transferee to the extent that the transferee’s base offense

17 level is subject to an additional increase on the basis of

18 a past criminal conviction of either a crime of violence or

19 a controlled substance offense.

20 SEC. 2138. FORFEITURE OF FIREARMS USED IN CRIMES OF

21 VIOLENCE AND FELONIES.

22 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

23 18, United States Code, is amended by inserting after sub24 paragraph (C) the following:

25 ‘‘(D) Any firearm (as defined in section

26 921(a)(3) of this title) used or intended to be
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1 used to commit or to facilitate the commission

2 of any crime of violence (as defined in Section

3 16 of this title) or any felony under Federal

4 law.’’

5 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

6 18, United States Code, is amended by inserting after sub7 paragraph (2) the following:

8 ‘‘(3) The court, in imposing a sentence on a

9 person convicted of any crime of violence (as defined

10 in section 16 of this title) or any felony under Fed11 eral law, shall order that the person forfeit to the

12 United States any firearm (as defined in section

13 921(a)(3) of this title) used or intended to be used

14 to commit or to facilitate the commission of the of15 fense.’’

16 (c) DISPOSAL OF FORFEITED PROPERTY.—Section

17 981(c) of title 18, United States Code, is amended by add18 ing at the end the following sentence: ‘‘Any firearm for19 feited pursuant to subsection (a)(1)(D) or section

20 982(a)(3) of this title shall be disposed of by the seizing

21 agency in accordance with law.’’

22 (d) AUTHORITY TO FORFEIT PROPERTY UNDER SEC23 TION 924(d).—Section 924(d) of title 18, United States

24 Code, is amended by adding the following new paragraph:
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1 ‘‘(4) Whenever any firearm is subject to forfeit2 ure under this section because it was involved in or

3 used in a violation of subsection (c), the Secretary

4 of the Treasury shall have the authority to seize and

5 forfeit, in accordance with the procedures of the ap6 plicable forfeiture statute, any property otherwise

7 forfeitable under the laws of the United States that

8 was involved in or derived from the crime of violence

9 or drug trafficking crime described in subsection (c)

10 in which the forfeited firearm was used or carried.’’

11 (e) 120-DAY RULE FOR ADMINISTRATIVE FORFEIT12 URE.—Section 924(d)(1) of title 18, United States Code,

13 is amended by adding the following after the last sentence:

14 ‘‘If the Government institutes an administrative forfeiture

15 action within the 120-day period, and a claim is then filed

16 that requires that a judicial forfeiture action be filed in

17 Federal court, the Government must file the judicial ac18 tion within 120 days of the filing of the claim. The time

19 during which any related criminal indictment or informa20 tion is pending shall not be counted in calculating any

21 120-day period referred to in this subsection.’’.

22 SEC. 2139. FORFEITURE FOR GUN TRAFFICKING.

23 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

24 18, United States Code, is amended by adding the follow25 ing subparagraph:
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1 ‘‘(G)(i) Any conveyance used or intended

2 to be used to commit a gun trafficking offense,

3 or conspiracy to commit such offense, any pro4 ceeds of such offense or conspiracy, and any

5 property traceable to such property.

6 (ii) For the purposes of this section, a gun

7 trafficking offense is a violation of any of the

8 following sections of this title involving five or

9 more firearms: section 922(i) (transporting sto10 len firearms); section 924(g) (travel with a fire11 arm in furtherance of racketeering); section

12 924(k) (stealing a firearm); and section 924(m)

13 (interstate travel to promote firearms traffick14 ing).

15 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

16 18, United States Code, is amended by inserting the fol17 lowing new paragraph:

18 ‘‘(6) The court, in imposing a sentence on a

19 person convicted of a gun trafficking offense, as de20 fined in section 981(a)(1)(G), or a conspiracy to

21 commit such offense, shall order the person to forfeit

22 to the United States any conveyance used or in23 tended to be used to commit such offense, and any

24 property traceable to such conveyance.’’.
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1 PART 4—TARGETING SERIOUS DRUG CRIMES

2 AND PROTECTING CHILDREN FROM DRUGS

3 SEC. 2141. INCREASED PENALTIES FOR USING MINORS TO

4 DISTRIBUTE DRUGS.

5 Section 420 of the Controlled Substances Act (21

6 U.S.C. 861) is amended—

7 (1) in subsection (b) by striking ‘‘one year’’ and

8 inserting ‘‘three years’’;

9 (2) in subsection (c) by striking ‘‘one year’’ and

10 inserting ‘‘five years’’; and

11 (3) by amending subsection (e) to read as fol12 lows:

13 ‘‘(e) PROBATION PROHIBITED.—In the case of any

14 sentence imposed under this section, probation shall not

15 be granted.’’.

16 SEC. 2142. INCREASED PENALTIES FOR DISTRIBUTING

17 DRUGS TO MINORS.

18 Section 418 of the Controlled Substances Act (21

19 U.S.C. 859) is amended—

20 (1) in subsection (a) by striking ‘‘one year’’ and

21 inserting ‘‘three years’’;

22 (2) in subsection (b) by striking ‘‘one year’’ and

23 inserting ‘‘five years’’; and

24 (3) in subsections (a) and (b), by striking

25 ‘‘under twenty-one’’ and inserting ‘‘under eighteen’’.
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1 SEC. 2143. INCREASED PENALTY FOR DRUG TRAFFICKING

2 IN OR NEAR A SCHOOL OR OTHER PRO3 TECTED LOCATION.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) in subsection (a) by striking ‘‘one year’’ and

7 inserting ‘‘three years’’; and

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

9 each time it appears and inserting ‘‘five years’’.

10 SEC. 2144. SERIOUS JUVENILE DRUG TRAFFICKING OF11 FENSES AS ARMED CAREER CRIMINAL ACT

12 PREDICATES.

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

14 is amended—

15 (1) by striking ‘‘or’’ at the end of clause (i);

16 (2) by inserting ‘‘or’’ at the end of clause (ii);

17 and (3) by adding at the end the following:

18 ‘‘(iii) any act of juvenile delinquency

19 that if committed by an adult would be a

20 serious drug offense described in this para21 graph;’’.

22 SEC. 2145. ATTORNEY GENERAL AUTHORITY TO RESCHED23 ULE CERTAIN DRUGS POSING IMMINENT

24 DANGER TO PUBLIC SAFETY.

25 Section 201(h) of the Controlled Substances Act (21

26 U.S.C. 811)(h)) is amended—
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1 (1) in paragraph (1) by striking ‘‘if the sub2 stance is not listed in any other schedule in section

3 812 of this title or’’ and by inserting ‘‘or the re4 scheduling of a previously scheduled substance’’

5 after ‘‘the scheduling of a substance’’; and

6 (2) in paragraph (2) by inserting ‘‘or reschedul7 ing’’ after ‘‘scheduling’’ each time it appears.

8 SEC. 2146. INCREASED PENALTIES FOR USING FEDERAL

9 PROPERTY TO GROW OR MANUFACTURE

10 CONTROLLED SUBSTANCES.

11 (a) Section 401(b)(5) of the Controlled Substances

12 Act (21 U.S.C. 841(b)(5)) is amended to read as follows:

13 ‘‘(5) Any person who violates subsection (a) of

14 this section by cultivating or manufacturing a con15 trolled substance on any property in whole or in part

16 owned by or leased to the United States or any de17 partment or agency thereof shall be subject to twice

18 the maximum punishment otherwise authorized for

19 the offense.’’

20 (b) The United States Sentencing Commission shall

21 amend the sentencing guidelines pursuant to 28 U.S.C.

22 994 to insure that violations of section 401(b)(5) of the

23 Controlled Substances Act are punished substantially

24 more severely than if the violation had not occurred on

25 federal property.
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1 SEC. 2147. CLARIFICATION OF LENGTH OF SUPERVISED RE2 LEASE TERMS IN CONTROLLED SUBSTANCE

3 CASES.

4 Sections 401(b)(1) (A), (B), (C), and (D) of the Con5 trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),

6 and (D)) are each amended by striking ‘‘Any sentence’’

7 and inserting ‘‘Notwithstanding section 3583 of title 18,

8 any sentence’’.

9 SEC. 2148. TECHNICAL CORRECTION TO ENSURE COMPLI10 ANCE OF SENTENCING GUIDELINES WITH

11 PROVISIONS OF ALL FEDERAL STATUTES.

12 Section 994(a) of title 18, United States Code, is

13 amended by striking ‘‘consistent with all pertinent provi14 sions of this title and title 18, United States Code,’’ and

15 inserting ‘‘consistent with all pertinent provisions of any

16 Federal statute’’.

17 SEC. 2149. DRUG TESTING, TREATMENT, AND SUPERVISION

18 OF INCARCERATED OFFENDERS.

19 Section 20105(b) of the Violent Crime Control and

20 Law Enforcement Act of 1994 is stricken in its entirety

21 and replaced with the following:

22 ‘‘(b) ADDITIONAL REQUIREMENTS—

23 ‘‘(1) To be eligible to receive a grant under sec24 tion 20103 or section 20104, a State shall—

25 ‘‘(A) provide assurances to the Attorney

26 General that the State has implemented or will
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1 implement not later than 18 months after the

2 date of the enactment of this subtitle, policies

3 that provide for the recognition of the rights of

4 crime victims; and

5 ‘‘(B) no later than September 1, 1998,

6 have a program of controlled substance testing

7 and intervention for appropriate categories of

8 convicted offenders during periods of incarcer9 ation and criminal justice supervision, with

10 sanctions including denial or revocation of re11 lease for positive controlled substance tests,

12 consistent with guidelines issued by the Attor13 ney General.

14 ‘‘(2) Notwithstanding any other provision of

15 this subtitle, funds provided under sections 20103

16 and 20104 may be applied to the cost of offender

17 controlled substance testing and intervention pro18 grams during periods of incarceration and criminal

19 justice supervision, consistent with guidelines issued

20 by the Attorney General.’’.
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1 Subtitle B—Grants to Prosecutors’ Offices to

2 Target Gang Crime and Violent Juveniles

3 SEC. 2201. AUTHORITY TO MAKE GRANTS TO PROSECU4 TORS’ OFFICES TO COMBAT GANG CRIME

5 AND YOUTH VIOLENCE.

6 Section 31702 of subtitle Q of title III of the Violent

7 Crime Control and Law Enforcement Act of 1994 (42

8 U.S.C. 13862) is amended by adding after paragraph (4),

9 the following new paragraphs—

10 ‘‘(5) to allow the hiring of additional prosecu11 tors, so that more cases can be prosecuted and back12 logs reduced;

13 ‘‘(6) to provide funding to enable prosecutors to

14 address drug, gang, and youth violence problems

15 more effectively;

16 ‘‘(7) to provide funding to assist prosecutors

17 with funding for technology, equipment, and training

18 to assist prosecutors in reducing the incidence of,

19 and increase the successful identification and speed

20 of prosecution of young violent offenders; and

21 ‘‘(8) to provide funding to assist prosecutors in

22 their efforts to engage in community prosecution,

23 problem solving, and conflict resolution techniques
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1 through collaborative efforts with police, school offi2 cials, probation officers, social service agencies, and

3 community organizations.’’.

4 SEC. 2202. RECIPIENTS.

5 Subtitle Q of title III of the Violent Crime and Con6 trol and Law Enforcement Act of 1994 (42 U.S.C. 31701)

7 is amended by striking in section 31701, paragraph (a)

8 the words ‘‘or local prosecutors’’ and inserting in their

9 place the words ‘‘local prosecutors, or combination there10 of,’’.

11 SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

12 Subtitle Q of title II of the Violent Crime and Control

13 and Law Enforcement Act of 1994 (42 U.S.C. 31701) is

14 amended by striking current section 31707 in its entirety

15 and adding the following new section:

16 ‘‘§ 31709. Authorization of appropriations

17 There are authorized to be appropriated to carry out

18 this subtitle, and to remain available until expended—

19 ‘‘(1) $100,000,000 for fiscal year 1998;

20 ‘‘(2) $100,000,000 for fiscal year 1999; and

21 ‘‘(3) such sums as may be necessary for each

22 of the fiscal years 2000 and 2001.’’.
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1 SEC. 2204. TRAINING, TECHNICAL ASSISTANCE, RESEARCH,

2 STATISTICS, AND EVALUATION.

3 Subtitle Q of title III of the Violent Crime Control

4 and Law Enforcement Act of 1994 (42 U.S.C. 31701) is

5 amended by—

6 (1) inserting after section 31706, the following

7 new sections:

8 ‘‘§ 31707. Training and technical assistance

9 ‘‘Two percent of all funds appropriated for this sub10 title shall be set aside for training and technical assistance

11 consistent with this subtitle, including providing funds to

12 training and technical assistance providers to assist orga13 nizations listed in section 31701(a) of this subtitle imple14 ment programs authorized under section 31702 of this

15 subtitle.

16 ‘‘§ 31708. Research, statistics, and evaluation

17 ‘‘Ten percent of all funds appropriated for this sub18 title shall be set aside for research, statistics, and evalua19 tion activities consistent with this subtitle.’’; and

20 (2) Redesignating section 31708 as section

21 31710.

22 Subtitle C—Youth Violence Courts

23 SEC. 2301. CREATION OF YOUTH VIOLENCE COURTS.

24 Section 210602 of subtitle F of title XXI of the ‘‘Vio25 lent Crime Control and Law Enforcement Act of 1994’’

26 (42 U.S.C. 14161) is amended—
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1 (1) by redesignating subsections (a), (b), (c),

2 and (d) as paragraphs (1), (2), (3), and (4) respec3 tively;

4 (2) by redesignating paragraphs (1), (2), (3),

5 (4), and (5) as subparagraphs (A), (B), (C), (D),

6 and (E) respectively; and

7 (3) by inserting before newly designated para8 graph (1), the following—

9 ‘‘(a) STATE AND LOCAL COURT ASSISTANCE—’’; and

10 (4) by adding after newly designated subsection

11 (a), the following new subsection:

12 ‘‘(b) YOUTH VIOLENCE COURTS.—

13 ‘‘(1) AUTHORITY TO MAKE GRANTS AND ENTER

14 INTO CONTRACTS.—

15 ‘‘(A) The Attorney General is authorized

16 to award grants and enter into cooperative

17 agreements and contracts with States, State

18 courts, local courts, units of local government,

19 Indian tribes, and tribal courts to plan, develop,

20 implement, and administer programs to adju21 dicate and better manage juvenile and youthful

22 violent offenders within State, tribal, and local

23 court systems.

24 ‘‘(B) Initiatives funded under this para25 graph may include—
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1 ‘‘(i) the establishment of court based

2 juvenile justice programs that target young

3 firearms offenders through the establish4 ment of juvenile gun courts for the adju5 dication and prosecution of juvenile fire6 arms offenders;

7 ‘‘(ii) the establishment of drug court

8 programs for juveniles so as to provide

9 continuing judicial supervision over juve10 nile offenders with substance abuse prob11 lems and to provide the integrated admin12 istration of other sanctions and services as

13 enumerated under the provisions of 42

14 United States Code 3796ii(2);

15 ‘‘(iii) the establishment of courts of

16 specialized or joint jurisdiction as deemed

17 appropriate by a jurisdiction’s chief judi18 cial officer; and

19 ‘‘(iv) the establishment of programs

20 aimed at the enhanced and improved adju21 dication of juvenile offenders, including in22 novative programs involving the courts,

23 prosecutors, public defenders, probation of24 fices, and corrections agencies.
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1 ‘‘(2) APPLICATION.—The Attorney General

2 shall establish guidelines governing the administra3 tion of this program. Such guidelines shall include

4 the manner and content of applications for funding

5 under this program, as well as procedures and meth6 ods for the distribution of funds distributed under

7 this program.

8 ‘‘(3) FEDERAL SHARE.—The Federal share of

9 any individual grant made under this program may

10 not exceed 75 percent. Further, in-kind contribu11 tions, pursuant to the discretion of the Attorney

12 General may constitute a portion, or all, of the non13 Federal share of a grant made under this program.

14 With regard to grants to Indian tribes, the Attorney

15 General may allow other Federal funds to constitute

16 all or a portion of the non-Federal share.

17 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The Attor18 ney General shall ensure that, to the extent reason19 able and practicable, an equitable geographic dis20 tribution of grant awards is made.

21 ‘‘(5) TRAINING AND TECHNICAL ASSISTANCE.—

22 Two percent of all funds appropriated for this part

23 shall be set aside for use by the Attorney General

24 for training and technical assistance consistent with

25 this program.
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1 ‘‘(6) RESEARCH, STATISTICS, AND EVALUA2 TION.—Ten percent of all funds appropriated for

3 this part shall be set aside for use by the Attorney

4 General for research, statistics, and evaluation ac5 tivities consistent with this program.

6 ‘‘(7) REPORT.—Recipients of Federal funds

7 under this program shall submit to the Attorney

8 General reports as may be reasonably required to

9 describe progress achieved in carrying programs

10 funded under this program.

11 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated to carry out

13 this program to remain available until expended

14 $50,000,000 for fiscal year 1998 and such sums as

15 may be necessary for each of the fiscal years 1999,

16 2000, and 2001.’’.

17 TITLE III—PROTECTING WITNESSES TO

18 HELP PROSECUTE GANGS AND OTHER

19 VIOLENT CRIMINALS

20 SEC. 3001. INTERSTATE TRAVEL TO ENGAGE IN WITNESS

21 INTIMIDATION OR OBSTRUCTION OF JUS22 TICE.

23 Section 1952 of title 18, United States Code, is

24 amended—
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1 (1) by redesignating subsections (b) and (c) as

2 (c) and (d), respectively; and

3 (2) by adding a new subsection (b), as follows:

4 ‘‘(b) Whoever travels in interstate or foreign com5 merce with intent by bribery, force, intimidation, or

6 threat, directed against any person, to delay or influence

7 the testimony of or prevent from testifying a witness in

8 a State criminal proceeding or by any such means to cause

9 any person to destroy, alter, or conceal a record, docu10 ment, or other object, with intent to impair the object’s

11 integrity or availability for use in such a proceeding, and

12 thereafter engages or endeavors to engage in such con13 duct, shall be fined under this title or imprisoned not more

14 than ten years, or both; and if serious bodily injury (as

15 defined in section 1365 of this title) results, shall be so

16 fined or imprisoned for not more than twenty years, or

17 both; and if death results, shall be so fined and imprisoned

18 for any term of years or for life, or both, and may be sen19 tenced to death.’’.

20 SEC. 3002. EXPANDING PRETRIAL DETENTION ELIGIBILITY

21 FOR SERIOUS GANG AND OTHER VIOLENT

22 CRIMINALS.

23 (a) Section 3142(f)(1)(D) of title 18, United States

24 Code, is amended by inserting after the semicolon ‘‘for
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1 purposes of this subparagraph, the term ‘convicted’ in2 cludes a finding, under State or Federal law, that a person

3 has committed an act of juvenile delinquency;’’.

4 (b) Section 3156(a)(4) of title 18, United States

5 Code, is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (B);

8 (2) by striking the period at the end of sub9 paragraph (C) and inserting ‘‘; or’’; and

10 (3) by adding after subparagraph (C) the fol11 lowing:

12 ‘‘(D) an offense that is a violation of sec13 tion 842(i) or 922(g) of this title (relating to

14 possession of explosives or firearms by convicted

15 felons and other categories of prohibited per16 sons).’’.

17 (c) Section 3142(g)(3)(B) of title 18, United States

18 Code, is amended—

19 (1) by inserting ‘‘(i)’’ after ‘‘the person’’; and

20 (2) by inserting the following before the semi21 colon: ‘‘, or (ii) was a member of or participated in

22 a criminal street gang, racketeering enterprise, or

23 other criminal organization’’.
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1 SEC. 3003. CONSPIRACY PENALTY FOR OBSTRUCTION OF

2 JUSTICE OFFENSES INVOLVING VICTIMS,

3 WITNESSES, AND INFORMANTS.

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

5 amended by adding at the end a new subsection, as fol6 lows:

7 ‘‘(i) Whoever conspires to commit any offense defined

8 in this section or section 1513 of this title shall be subject

9 to the same penalties as those prescribed for the offense

10 the commission of which was the object of the conspir11 acy.’’.

12 TITLE IV—PROTECTING VICTIMS’ RIGHTS

13 SEC. 4001. ACCESS OF VICTIMS AND PUBLIC TO RECORDS

14 OF CRIMES COMMITTED BY JUVENILE

15 DELINQUENTS.

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

17 amended—

18 (1) in subsection (a), by striking ‘‘Throughout

19 and upon’’ and all that follows through the colon

20 and inserting the following: ‘‘Throughout and upon

21 completion of the juvenile delinquency proceeding

22 pursuant to 5032(a), the court records of the origi23 nal proceeding shall be safeguarded from disclosure

24 to unauthorized persons. The records shall be re25 leased to the extent necessary to meet the following

26 circumstances:’’;
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1 (2) in subsection (a)(3), by inserting before the

2 semicolon ‘‘or analysis requested by the Attorney

3 General’’;

4 (3) in subsection (a), so that paragraph (6)

5 reads as follows:

6 ‘‘(6) communications with any victim of such

7 juvenile delinquency, or in appropriate cases with

8 the official representative of the victim, in order to

9 apprise such victim or representative of the status or

10 disposition of the proceeding or in order to effec11 tuate any other provision of law or to assist in a vic12 tim’s, or the victim’s official representative’s, allocu13 tion at disposition.’’;

14 (4) in subsection (c), inserting before the

15 comma and after ‘‘relating to the proceeding’’ the

16 phrase ‘‘other than necessary docketing data’’; and

17 (5) by striking subsections (d) and (f), by re18 designating subsection (e) as subsection (d), by in19 serting ‘‘pursuant to section 5032 (b) or (c)’’ after

20 ‘‘adult’’ in subsection (d) as so redesignated, and by

21 adding at the end new subsections (e) and (f) as fol22 lows:

23 ‘‘(e) Whenever a juvenile has been adjudicated delin24 quent for an act that if committed by an adult would be

25 a felony or for a violation of section 924(a)(6), the juvenile
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1 shall be fingerprinted and photographed, and the finger2 prints and photograph shall be sent to the Federal Bureau

3 of Investigation. The court shall also transmit to the Fed4 eral Bureau of Investigation the information concerning

5 the adjudication, including name, date of adjudication,

6 court, offenses, and sentence, along with the notation that

7 the matter was a juvenile adjudication. The fingerprints,

8 photograph, and other records and information relating to

9 a juvenile described in this subsection, or to a juvenile who

10 is prosecuted as an adult pursuant to sections 5032 (b)

11 or (c), shall be made available in the manner applicable

12 to adult defendants.

13 ‘‘(f) In addition to any other authorization under this

14 section for the reporting, retention, disclosure, or avail15 ability of records or information, if the law of the State

16 in which a Federal juvenile delinquency proceeding takes

17 place permits or requires the reporting, retention, disclo18 sure, or availability of records or information relating to

19 a juvenile or to a juvenile delinquency proceeding or adju20 dication in certain circumstances, then such reporting, re21 tention, disclosure, or availability is permitted under this

22 section whenever the same circumstances exist.’’.
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1 SEC. 4002. VICTIMS OF CHILD ABUSE ACT EXTENSION OF

2 AUTHORIZATIONS.

3 Section 13004 of title 42, United States Code, is

4 amended by striking the words ‘‘1994, 1995, and 1996.’’

5 each time they appear and replacing them with the words

6 ‘‘1998, 1999, 2000, and 2001.’’.

7 TITLE V—FEDERAL PROSECUTION OF SE8 RIOUS AND VIOLENT JUVENILE OF9 FENDERS

10 SEC. 5001. SHORT TITLE.

11 This title may be cited as the ‘‘Enhanced Prosecution

12 of Dangerous Juvenile Offenders Act of 1997’’.

13 SEC. 5002. DELINQUENCY PROCEEDINGS OR CRIMINAL

14 PROSECUTIONS IN DISTRICT COURTS.

15 (a) Section 5032 of title 18, United States Code, is

16 amended to read as follows:

17 ‘‘§ 5032. Delinquency proceedings or criminal pros18 ecutions in district courts

19 ‘‘(a)(1) A juvenile alleged to have committed an of20 fense against the United States or an act of juvenile delin21 quency may be surrendered to State authorities or pro22 ceeded against as a juvenile under this subsection, or tried

23 as an adult in the circumstances described in subsections

24 (b) and (c).

25 ‘‘(2) Such juvenile may be proceeded against as a ju26 venile in a court of the United States under this subsection
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1 for offenses committed within the special maritime and

2 territorial jurisdiction of the United States for which the

3 maximum authorized term of imprisonment does not ex4 ceed six months, or if the Attorney General after investiga5 tion certifies to the appropriate United States district

6 court that—

7 ‘‘(A)(i) the juvenile court or other appropriate

8 court of a State does not have jurisdiction or de9 clines to assume jurisdiction over the juvenile with

10 respect to such act of alleged juvenile delinquency,

11 or

12 ‘‘(ii) the offense charged is described in sub13 sections (b)(2), (b)(3), or (e), and

14 ‘‘(B) there is a substantial Federal interest in

15 the case or the offense to warrant the exercise of

16 Federal jurisdiction.

17 ‘‘(3) If, where required, the Attorney General does

18 not so certify, such juvenile shall be surrendered to the

19 appropriate legal authorities of such State.

20 ‘‘(4) If a juvenile alleged to have committed an act

21 of juvenile delinquency is not surrendered to the authori22 ties of a state pursuant to this section, any proceedings

23 against the juvenile shall be in an appropriate district

24 court of the United States. For such purposes, the court

25 may be convened at any time and place within the district,
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1 and shall be open to the public, except that the court may

2 exclude all or some members of the public from the pro3 ceedings if required by the interests of justice or if other

4 good cause is shown. Even if all or some of the members

5 of the public are excluded from the proceedings, the pro6 ceedings shall be open to victims of the alleged offense

7 and their relatives and legal guardians unless required by

8 the interests of justice or otherwise good cause is shown.

9 The Attorney General shall proceed by information or as

10 authorized by section 3401(g) of this title, and no criminal

11 prosecution shall be instituted except as provided in this

12 chapter.

13 ‘‘(b) A juvenile may be prosecuted as an adult—

14 ‘‘(1) if the juvenile has requested in writing

15 upon advice of counsel to be prosecuted as an adult;

16 or

17 ‘‘(2) if the juvenile is alleged to have committed

18 an act on or after the day the juvenile attains the

19 age of 16 years which if committed by an adult

20 would be a serious violent felony or a serious drug

21 offense as described in section 3559(c)(2) and (c)(3)

22 or a conspiracy or attempt under section 406 of the

23 Controlled Substances Act or under section 1013 of

24 the Controlled Substances Import and Export Act
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1 (21 U.S.C. 846 or 963) to commit an offense de2 scribed in section 3559(c)(2);

3 ‘‘(3) if the juvenile is alleged to have committed

4 an act, which is not described in paragraph (b)(2),

5 on or after the day the juvenile attains the age of

6 16 years and which if committed by an adult would

7 be—

8 ‘‘(A) a crime of violence (as defined in sec9 tion 3156(a)(4)) that is a felony;

10 ‘‘(B) an offense described in section 844

11 (d), (k), or (l), or paragraph (a)(6) or sub12 section (b), (g), (h), (j), (k), or (l), of section

13 924;

14 ‘‘(C) a violation of section 922(o) that is

15 an offense under section 924(a)(2);

16 ‘‘(D) a violation of section 5861 of the In17 ternal Revenue Code of 1986 that is an offense

18 under section 5871 of such Code (26 U.S.C.

19 5871);

20 ‘‘(E) a conspiracy to commit an offense de21 scribed in any of subparagraphs (A) through

22 (D); or

23 ‘‘(F) an offense described in section 401 or

24 408 of the Controlled Substances Act (21

25 U.S.C. 841, 848) or a conspiracy or attempt to
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1 commit that offense which is punishable under

2 section 406 of the Controlled Substances Act

3 (21 U.S.C. 846), or an offense punishable

4 under section 409 or 419 of the Controlled Sub5 stances Act (21 U.S.C. 849, 860), or an offense

6 described in section 1002, 1003, 1005, or 1009

7 of the Controlled Substances Import and Ex8 port Act (21 U.S.C. 952, 953, 955, or 959),

9 or a conspiracy or attempt to commit that of10 fense which is punishable under section 1013

11 of the Controlled Substances Import and Ex12 port Act (21 U.S.C. 963).

13 ‘‘(c)(1) A juvenile may also be prosecuted as an adult

14 if the juvenile is alleged to have committed an act on or

15 after the day on which the juvenile has attained the age

16 of 13 years but before the juvenile has attained the age

17 of 16 years, which if committed by an adult would be an

18 offense described in paragraphs (b)(2) and (b)(3), upon

19 approval of the Attorney General or the Attorney Gen20 eral’s designee.

21 ‘‘(2) Any such designee shall be at a level not lower

22 than a Deputy Assistant Attorney General.

23 ‘‘(3) Such approval shall not be granted, with respect

24 to such a juvenile who is subject to the criminal jurisdic25 tion of an Indian tribal government and who is alleged
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1 to have committed an act over which, if committed by an

2 adult, there would be Federal jurisdiction based solely on

3 its commission in Indian country (as defined in section

4 1151), unless the governing body of the tribe having juris5 diction over the place in which the alleged act was commit6 ted has before such act notified the Attorney General in

7 writing of its election that prosecution may take place

8 under this subsection.

9 ‘‘(d) A determination to approve or not to approve,

10 or to institute or not to institute, a prosecution under

11 paragraph (b) or (c) shall not be reviewable in any court

12 except as described in subsection (f).

13 ‘‘(e) In a prosecution under subsection (b) or (c) the

14 juvenile may be prosecuted and convicted as an adult for

15 any other offense which is properly joined under the Fed16 eral Rules of Criminal Procedure, and may also be con17 victed of a lesser included offense.

18 ‘‘(f)(1) In any prosecution of a juvenile under para19 graph (b)(3) or (c)(1), upon motion of the defendant, the

20 court in which criminal charges have been filed shall after

21 a hearing determine whether to issue an order that the

22 defendant should be transferred to juvenile status and pro23 ceeded against under paragraph (a)(2).

24 ‘‘(2) A motion by a defendant under paragraph (f)(1)

25 shall not be considered unless filed not later than 20 days
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1 after the date on which the defendant initially appears

2 through counsel or expressly waives the right to counsel

3 and elects to proceed pro se.

4 ‘‘(3) The court shall not order the transfer of a de5 fendant to juvenile status under this paragraph unless the

6 defendant establishes by clear and convincing evidence or

7 information that removal to juvenile status would be in

8 the interest of justice. In making a determination under

9 paragraph (1), the court shall consider—

10 ‘‘(A) the nature of the alleged offense, including

11 the extent to which the juvenile played a leadership

12 role in an organization, or otherwise influenced other

13 persons to take part in criminal activities, involving

14 the use or distribution of controlled substances or

15 firearms;

16 ‘‘(B) whether prosecution of the juvenile as an

17 adult is necessary to protect public safety;

18 ‘‘(C) the age and social background of the juve19 nile;

20 ‘‘(D) the extent and nature of the prior delin21 quency record of the juvenile;

22 ‘‘(E) the intellectual development and psycho23 logical maturity of the juvenile;

24 ‘‘(F) the nature of any treatment efforts and

25 the response of the juvenile to those efforts; and
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1 ‘‘(G) the availability of programs designed to

2 treat the behavioral problems of the juvenile.

3 ‘‘(4) An order of the court made in ruling on a motion

4 by a defendant to transfer a defendant to juvenile status

5 under this paragraph shall not be a final order for the

6 purpose of enabling an appeal, except that an appeal by

7 the United States shall lie to a court of appeals pursuant

8 to section 3731 of this title from an order of a district

9 court removing a defendant to juvenile status. Upon re10 ceipt of a notice of appeal of an order under this para11 graph, a court of appeals shall hear and determine the

12 appeal on an expedited basis.

13 ‘‘(5) No statement made by a defendant during or

14 in connection with a hearing under this subsection shall

15 be admissible against the defendant in any criminal pros16 ecution, except for impeachment purposes or in a prosecu17 tion for perjury or giving a false statement.

18 ‘‘(6) The rules concerning the receipt and admissibil19 ity of evidence shall be the same as prescribed in sub20 section 3142(f) of this title.’’.

21 (b) CONFORMING AMENDMENT TO ADULT SENTENC22 ING SECTION.—Section 3553 of title 18, United States

23 Code, is amended by adding at the end the following:

24 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

25 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS
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1 UNDER THE AGE OF 16.—Notwithstanding any other pro2 vision of law, in the case of a juvenile alleged to have com3 mitted an act on or after the day on which the juvenile

4 has attained the age of 13 years but before the juvenile

5 has attained the age of 16 years, which if committed by

6 an adult would be an offense described in paragraph

7 5032(b)(3) or of subsection 5032(e) of this title, the court

8 shall impose a sentence pursuant to guidelines promul9 gated by the United States Sentencing Commission under

10 section 994 of title 28 without regard to any statutory

11 minimum sentence, if the court finds at sentencing, after

12 the Government has been afforded the opportunity to

13 make a recommendation, that the juvenile has not been

14 previously adjudicated delinquent for or convicted of an

15 offense described in section 5032(b)(2) of this title.’’.

16 (c) CONFORMING AMENDMENT TO DEFINITIONS

17 SECTION.—Section 5031 of title 18, United States Code,

18 is amended by adding at the end the following: ‘‘As used

19 in this chapter, the term ‘State’ includes a State of the

20 United States, the District of Columbia, any common21 wealth, territory, or possession of the United States and,

22 with regard to an act of juvenile delinquency that would

23 have been a misdemeanor if committed by an adult, a fed24 erally recognized Indian tribe.’’.
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1 SEC. 5003. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI2 CIAL OFFICER.

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

4 amended to read as follows:

5 ‘‘§ 5003. Custody prior to appearance before judicial

6 officer

7 ‘‘(a) Whenever a juvenile is taken into custody, the

8 arresting officer shall immediately advise such juvenile of

9 the juvenile’s rights, in language comprehensible to a juve10 nile. The arresting officer shall promptly take reasonable

11 steps to notify the juvenile’s parents, guardian, or custo12 dian of such custody, of the rights of the juvenile, and

13 of the nature of the alleged offense.

14 ‘‘(b) The juvenile shall be taken before a judicial offi15 cer without unreasonable delay.’’.

16 SEC. 5004. TECHNICAL AND CONFORMING AMENDMENTS

17 TO SECTION 5034.

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

19 amended—

20 (1) by striking ‘‘The’’ each place it appears at

21 the beginning of a paragraph and inserting ‘‘the’’;

22 (2) by striking ‘‘If’’ at the beginning of the 3rd

23 paragraph and inserting ‘‘if’’;

24 (3) by designating the 3 paragraphs as para25 graphs (1), (2), and (3), respectively; and
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1 (4) by inserting at the beginning of such section

2 before those paragraphs the following: ‘‘In a pro3 ceeding under section 5032(a)—’’.

4 SEC. 5005. SPEEDY TRIAL.

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

6 amended by—

7 (1) striking ‘‘If an alleged delinquent’’ and in8 serting ‘‘If a juvenile proceeded against under sec9 tion 5032(a)’’;

10 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

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

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

13 court. The periods of exclusion under section

14 3161(h) of this title shall apply to this section.’’.

15 SEC. 5006. DISPOSITION; AVAILABILITY OF INCREASED DE16 TENTION, FINES AND SUPERVISED RELEASE

17 FOR JUVENILE OFFENDERS.

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

19 amended to read as follows:

20 ‘‘§ 5037. Disposition

21 ‘‘(a) In a proceeding under section 5032(a) of this

22 title, if the court finds a juvenile to be a juvenile delin23 quent, the court shall hold a hearing concerning the appro24 priate disposition of the juvenile no later than forty court

25 days after the finding of juvenile delinquency, unless the
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1 court has ordered further study pursuant to subsection

2 (e). A predisposition report shall be prepared by the pro3 bation officer who shall promptly provide a copy to the

4 juvenile, the juvenile’s counsel, and the attorney for the

5 Government. Victim impact information shall be included

6 in the report, and victims, or in appropriate cases their

7 official representatives, shall be provided the opportunity

8 to make a statement to the court in person or present any

9 information in relation to the disposition. After the

10 dispositional hearing, and after considering any pertinent

11 policy statements promulgated by the Sentencing Commis12 sion pursuant to section 994 of title 28, the court shall

13 enter an order of restitution pursuant to section 3556 of

14 this title, and place the juvenile on probation, commit the

15 juvenile to official detention (including the possibility of

16 a term of supervised release), and impose any fine that

17 would be authorized if the juvenile had been tried and con18 victed as an adult. With respect to release or detention

19 pending an appeal or a petition for a writ of certiorari

20 after disposition, the court shall proceed pursuant to the

21 provisions of chapter 207.

22 ‘‘(b) The term for which probation may be ordered

23 for a juvenile found to be a juvenile delinquent may not

24 extend beyond the maximum term that would be author25 ized by section 3561(c) of this title if the juvenile had been
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1 tried and convicted as an adult. Sections 3563, 3564, and

2 3565 of this title are applicable to an order placing a juve3 nile on probation.

4 ‘‘(c) The term for which official detention (other than

5 supervised release) may be ordered for a juvenile found

6 to be a juvenile delinquent may not extend beyond the less7 er of—

8 ‘‘(1) the maximum term of imprisonment that

9 would be authorized if the juvenile had been tried

10 and convicted as an adult;

11 ‘‘(2) ten years; or

12 ‘‘(3) the date when the juvenile becomes twen13 ty-six years old.

14 Section 3624 of this title is applicable to an order placing

15 a juvenile in detention.

16 ‘‘(d) The term for which supervised release may be

17 ordered for a juvenile found to be a juvenile delinquent

18 may not extend beyond five years. Subsections (c) through

19 (i) of section 3583 of this title apply to an order placing

20 a juvenile on supervised release.

21 ‘‘(e) If the court desires more detailed information

22 concerning a juvenile alleged to have committed an act of

23 juvenile delinquency or a juvenile adjudicated delinquent,

24 it may commit the juvenile, after notice and hearing at

25 which the juvenile is represented by counsel, to the custody
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1 of the Attorney General for observation and study by an

2 appropriate agency or entity. Such observation and study

3 shall be conducted on an outpatient basis, unless the court

4 determines that inpatient observation and study are nec5 essary to obtain the desired information. In the case of

6 an alleged juvenile delinquent, inpatient study may be or7 dered only with the consent of the juvenile and the juve8 nile’s attorney. The agency or entity shall make a complete

9 study of the alleged or adjudicated delinquent to ascertain

10 the juvenile’s personal traits, capabilities, background,

11 previous delinquency or criminal experience, mental or

12 physical defect, and any other relevant factors. The Attor13 ney General shall submit to the court the attorneys for

14 the juvenile and the Government the results of the study

15 within 30 days after the commitment of the juvenile, un16 less the court grants additional time. Time spent in cus17 tody under this subsection shall be excluded for purposes

18 of section 5036 of this title. If the juvenile has not been

19 committed for the study, the probation office shall obtain

20 the report under sections 3154 and 3672 of this title and

21 submit the results of the study in like manner and within

22 the same time period.’’.
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1 SEC. 5007. TECHNICAL AMENDMENTS OF SECTIONS 5031

2 AND 5034.

3 (a) SECTION 5031.—Sections 5031 and 5034 of title

4 18, United States Code, are each amended by striking

5 ‘‘his’’ each place it appears and inserting ‘‘the juvenile’s’’.

6 (b) SECTION 5034.—Section 5034 of title 18, United

7 States Code, is amended by striking ‘‘magistrate’’ each

8 place it appears and inserting ‘‘judicial officer’’.

9 TITLE VI—INCARCERATION OF

10 JUVENILES IN THE FEDERAL SYSTEM

11 SEC. 6001. DETENTION OF JUVENILES PRIOR TO DISPOSI12 TION OR SENTENCING.

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

14 amended to read as follows:

15 ‘‘§ 5035. Detention prior to disposition or sentencing

16 ‘‘(a)(1) A juvenile 16 years of age or older prosecuted

17 pursuant to paragraphs (b)(2) or (b)(3) of section 5032,

18 if detained at any time prior to sentencing, shall be de19 tained in such suitable place as the Attorney General may

20 designate. Preference shall be given to a place located

21 within, or within a reasonable distance of, the district in

22 which the juvenile is being prosecuted.

23 ‘‘(2) A juvenile less than 16 years of age prosecuted

24 pursuant to subsections (b) or (c) of section 5032, if de25 tained at any time prior to sentencing, shall be detained

26 in a suitable juvenile facility located within, or within a
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1 reasonable distance of, the district in which the juvenile

2 is being prosecuted. If such a facility is not available, such

3 a juvenile may be detained in any other suitable facility

4 located within, or within a reasonable distance of, such

5 district. If no such facility is available, such a juvenile may

6 be detained in any other suitable place as the Attorney

7 General may designate.

8 ‘‘(3) To the maximum extent feasible, a juvenile less

9 than 16 years of age prosecuted pursuant to subsections

10 (b) or (c) of section 5032 shall not be detained prior to

11 sentencing in any facility in which the juvenile has regular

12 contact with adult persons convicted of a crime or await13 ing trial on criminal charges.

14 ‘‘(b) A juvenile proceeded against under section

15 5032(a) shall not be detained prior to disposition in any

16 facility in which the juvenile has regular contact with adult

17 persons convicted of a crime or awaiting trial on criminal

18 charges.

19 ‘‘(c) Every juvenile who is detained prior to disposi20 tion or sentencing shall be provided with reasonable safety

21 and security and with adequate food, heat, light, sanitary

22 facilities, bedding, clothing, recreation, education, and

23 medical care, including necessary psychiatric, psycho24 logical, or other care and treatment.’’.
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1 SEC. 6002. RULES GOVERNING THE COMMITMENT OF JUVE2 NILES.

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

4 amended to read as follows:

5 ‘‘§ 5039. Commitment

6 ‘‘(a) The Attorney General shall not cause any person

7 less than 18 years of age adjudicated delinquent under

8 section 5032(a), or any person less than 16 years of age

9 convicted of an offense to be placed or retained in an adult

10 jail or correctional facility in which the person has regular

11 contact with adults incarcerated because they have been

12 convicted of a crime or are awaiting trial on criminal

13 charges, except for placement in a community-based facil14 ity.

15 ‘‘(b) Every juvenile adjudicated delinquent who has

16 been committed shall be provided with reasonable safety

17 and security and with adequate food, heat, light, sanitary

18 facilities, bedding, clothing, recreation, counseling, edu19 cation, training, and medical care including necessary psy20 chiatric, psychological, or other care and treatment.’’.

21 TITLE VII—OFFICE OF JUVENILE CRIME

22 CONTROL AND PREVENTION

23 SEC. 7001. SHORT TITLE.

24 This title may be cited as the ‘‘Juvenile Crime Con25 trol and Prevention State and Local Assistance Act of

26 1997’’.
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1 Subtitle A—Creation of the Office of Juvenile

2 Crime Control and Prevention

3 SEC. 7101. ESTABLISHMENT OF OFFICE.

4 Title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3711, et seq.) is amended

6 by adding after part Y, the following new part:

7 ‘‘PART Z—OFFICE OF JUVENILE CRIME CONTROL

8 AND PREVENTION

9 ‘‘SEC. 2701. ESTABLISHMENT OF OFFICE.

10 ‘‘(a) OFFICE.—There is established within the Office

11 of Justice Programs, United States Department of Jus12 tice, an Office of Juvenile Crime Control and Prevention.

13 ‘‘(b) DIRECTOR.—The Office of Juvenile Crime Con14 trol and Prevention will be headed by a Director appointed

15 by the President, by and with the advice and consent of

16 the Senate, who shall report to and operate under the gen17 eral supervision and direction of the Assistant Attorney

18 General for the Office of Justice Programs. The Assistant

19 Attorney General for the Office of Justice Programs shall

20 have overall authority for the operation and administra21 tion of the Office of Juvenile Crime Control and Preven22 tion.

23 ‘‘(c) FUNCTIONS.—The Office of Juvenile Crime

24 Control and Prevention shall establish and administer
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1 policies, initiatives, and programs to address the reduc2 tion, control, and prosecution of juvenile crime; the juve3 nile justice system; youth violence; and other purposes

4 consistent with the Anti-Gang and Youth Violence Act of

5 1997. Actions taken by the Director of the Office of Juve6 nile Crime Control and Prevention to fulfill these functions

7 shall be exercised with the approval of the Assistant Attor8 ney General for the Office of Justice Programs.

9 ‘‘(d) COORDINATION OF FEDERAL EFFORTS.—The

10 Attorney General is authorized to establish a body that

11 shall be known as the Coordinating Council on Juvenile

12 Crime Control and Prevention. The Coordinating Council

13 shall be comprised of those members of the Cabinet, or

14 the heads of component agencies, designated by the Attor15 ney General, whose functions and responsibilities affect

16 the health, welfare, education, and general well-being of

17 juveniles and youth, and an equal number of members,

18 who shall be appointed by the Attorney General with the

19 approval of the federal members of the Council, who are

20 practitioners in the field of juvenile justice and who are

21 not officers or employees of the United States. These prac22 titioner members shall serve pursuant to the relevant pro23 visions of 5 United States Code 5703. The Coordinating

24 Council shall be responsible for ensuring coordination and

25 cooperation among those federal agencies who have the
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1 aforementioned jurisdiction; and the Council will help en2 sure that juvenile crime prevention programs are com3 plementary and not duplicative. The Coordinating Council

4 shall offer program and policy advice to the President and

5 agencies within the Executive Branch.

6 ‘‘SEC. 2702. ADMINISTRATION.

7 ‘‘(a) WITHHOLDING GRANT FUNDS.—Whenever the

8 Director of the Office of Juvenile Crime Control and Pre9 vention, after giving reasonable notice and opportunity for

10 a hearing to a recipient of financial assistance under title

11 VII of the Anti-Gang and Youth Violence Act of 1997

12 (hereinafter, ‘‘Act’’), finds that the program or activity for

13 which the grant, contract, or agreement involved has been

14 so changed that it no longer complies with this title or

15 finds that in the operation of such program or activity

16 there is failure to substantially comply with the provisions

17 of this Act, the Director of the Office of Juvenile Crime

18 and Control and Prevention is authorized to initiate such

19 actions and proceedings to withhold grant funds as appro20 priate.

21 ‘‘(b) CONFIDENTIALITY OF PROGRAM RECORDS.—

22 Except as authorized by law, program records containing

23 the identity of individual juveniles gathered for purposes

24 pursuant to title VII of the Anti-Gang and Youth Violence

25 Act of 1997 (hereinafter, ‘‘Act’’) may not be disclosed
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1 without the consent of the service recipient or legally au2 thorized representative, or as may be necessary to carry

3 out this Act. Under no circumstances may program re4 ports or findings available for public dissemination contain

5 the actual names of individual service recipients.

6 ‘‘(c) RESTRICTION ON USE OF FUNDS.—No funds

7 paid to any public or private agency, institution, or indi8 vidual under title VII of the Anti-Gang and Youth Vio9 lence Act of 1997, either directly or through a State or

10 local agency, may be used for construction unless—

11 ‘‘(1) the Director of the Office of Juvenile

12 Crime Control and Prevention determines that such

13 use is necessary to carry out the purposes of that

14 Act;

15 ‘‘(2) such funds provide no more than 50 per16 cent of the costs of any given construction project;

17 and

18 ‘‘(3) construction projects are limited to the

19 construction of innovative, community-based facili20 ties for 20 or fewer persons.

21 ‘‘SEC. 2703. CONTINUATION OF RULES, AUTHORITIES, AND

22 PROCEEDINGS.

23 ‘‘(a) CONTINUING STATUS UNTIL OTHERWISE AF24 FECTED.—All orders, determinations, rules, regulations,

25 policies, and instructions of or pertaining to the Office of
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1 Juvenile Justice and Delinquency Prevention that are in

2 effect on the date of enactment of title VII of the Anti3 Gang and Youth Violence Act of 1997 shall continue in

4 effect according to their terms until modified, terminated,

5 superseded, set aside, or revoked by the Attorney General,

6 or the Assistant Attorney General for the Office of Justice

7 Programs, or the Director of the Office of Juvenile Crime

8 Control and Prevention, as appropriate with respect to

9 their functions under this Act or by operation of law. Fur10 ther, unless otherwise specified established in accordance

11 with section 3301 of this Act, all research, evaluations,

12 and studies operating under grants, cooperative agree13 ments, or contracts awarded or administered by the Office

14 of Juvenile Justice and Delinquency Prevention underway

15 at the date of enactment of title VII of the Anti-Gang and

16 Youth Violence Act of 1997 shall continue to be adminis17 tered by the Office of Juvenile Crime Control and Preven18 tion until their scheduled expiration. Furthermore, noth19 ing in this subsection shall be taken as in any way negat20 ing the effect of section 3301 of this title.

21 ‘‘(b) OBLIGATIONS BY THE ASSISTANT ATTORNEY

22 GENERAL FOR THE OFFICE OF JUSTICE PROGRAMS OF

23 PREVIOUSLY APPROPRIATED, UNUSED OR REVERSION24 ARY FUNDS, OR PRESENTLY APPROPRIATED FUNDS FOR

25 THE CONTINUATION OF PROJECTS OR PURPOSES OF THIS
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1 ACT.—The Director of the Office of Juvenile Crime Con2 trol and Prevention under the supervision and direction

3 of the Assistant Attorney General for the Office of Justice

4 Programs may award new grants, enter into new contracts

5 or cooperative agreements, approve comprehensive plans

6 for the fiscal year beginning October 1, 1997, and other7 wise obligate previously appropriated, unused or reversion8 ary funds, or funds appropriated for the fiscal year begin9 ning October 1, 1997, for the continuation of projects au10 thorized under the Juvenile Justice and Delinquency Pre11 vention Act of 1974 (42 U.S.C. 5601 et seq.) in accord12 ance with the provisions of that Act, as in effect on the

13 day of enactment of the Anti-Gang and Youth Violence

14 Act of 1997, or for purposes consistent with the provisions

15 of the Anti-Gang and Youth Violence Act of 1997.

16 ‘‘(c) CARRY OVER OF MANAGEMENT AND ADMINIS17 TRATION FUNDS.—All funds appropriated for the man18 agement and administration expenses of the Office of Ju19 venile Justice and Delinquency Prevention, and remaining

20 available for use at the time of enactment of title VII of

21 the Anti-Gang and Youth Violence Act of 1997, shall be

22 carried over for use until expended for the management

23 and administration expenses of the Office of Juvenile

24 Crime Control and Prevention.
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1 ‘‘(d) PENDING SUITS, ACTIONS, OR OTHER PRO2 CEEDINGS UNAFFECTED.—The adoption of title VII of

3 the Anti-Gang and Youth Violence Act of 1997 shall not

4 affect any suit, action, or other proceeding commenced by

5 or against the government of the United States before the

6 date of enactment of said title.

7 ‘‘(e) APPROPRIATED FUNDS AVAILABLE FOR AUDIT

8 MATTERS AND CONTINUING PROGRAMS AND

9 PROJECTS.—Nothing in the Anti-Gang and Youth Vio10 lence Act of 1997 shall prevent the utilization of funds

11 appropriated for the purposes of this Act for all activities

12 necessary or appropriate for the review, audit, investiga13 tion, and judicial or administrative resolution of audit

14 matters, for those grants or contracts awarded under this

15 Act. The final disposition and dissemination of programs

16 and project approved under the Juvenile Justice and De17 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.)

18 in accordance within this title, as in effect before the date

19 of enactment of the Anti-Gang and Youth Violence Act

20 of 1997, which continue in operation beyond the date of

21 enactment of this Act, may be carried out with funds ap22 propriated for purposes of this Act.

23 ‘‘(f) TRANSFER OF PERSONNEL PURSUANT TO PER24 FORMANCE OF FUNCTIONS.—Except as otherwise pro25 vided for by the Anti-Gang and Youth Violence Act of
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1 1997, the personnel employed on the date of enactment

2 of the Anti-Gang and Youth Violence Act of 1997 by the

3 Office of Juvenile Justice and Delinquency Prevention are

4 transferred to the Office of Juvenile Crime Control and

5 Prevention.

6 ‘‘(g) CONTINUATION OF INCUMBENT ADMINIS7 TRATOR.—Notwithstanding any other provision of law, the

8 individual serving as Administrator of the Office of Juve9 nile Justice and Delinquency Prevention on the date of

10 enactment of the Anti-Gang and Youth Violence Act of

11 1997 shall become the Director of the Office of Juvenile

12 Crime Control and Prevention.’’.

13 SEC. 7102. CONFORMING AMENDMENTS.

14 (a) CONFORMING AMENDMENT.—Sections 3783,

15 3784, 3787, 3788, 3789d, and 3789e of title 42, United

16 States Code, are amended by inserting the words ‘‘Office

17 of Juvenile Crime Control and Prevention’’ before the

18 words ‘‘Bureau of Justice Statistics’’ each time they ap19 pear.

20 (b) CONFORMING AMENDMENT TO THE OMNIBUS

21 CRIME CONTROL ACT OF 1968.—Title I of the Omnibus

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

23 3711 et seq.) is amended by replacing the words ‘‘Office

24 of Juvenile Justice and Delinquency Prevention’’ with the
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1 words ‘‘Office of Juvenile Crime Control and Prevention’’

2 each time they appear.

3 SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.

4 Section 1001(a) of title I of Omnibus Crime Control

5 and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is

6 amended by adding after paragraph (22), the following

7 new paragraph:

8 ‘‘(23) There are authorized to be appropriated,

9 and remain available until expended, such sums as

10 may be necessary for the operations of the Office of

11 Juvenile Crime Control and Prevention as stipulated

12 under title VII, subtitle A, of the Anti-Gang and

13 Youth Violence Act of 1997, for the fiscal years

14 1998, 1999, 2000, and 2001.’’.

15 Subtitle B—Juvenile Crime Assistance

16 SEC. 7201. FORMULA GRANT ASSISTANCE.

17 Title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

19 by adding after part z, the following new part:

20 ‘‘PART AA—JUVENILE CRIME CONTROL AND

21 PREVENTION FORMULA GRANT PROGRAM

22 ‘‘SEC. 2801. AUTHORITY TO MAKE GRANTS AND ENTER INTO

23 CONTRACTS.

24 ‘‘The Director of the Office of Juvenile Crime Control

25 and Prevention under the supervision and direction of the
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1 Assistant Attorney General for the Office of Justice Pro2 grams is authorized to award grants to States to assist

3 them in planning, establishing, operating, coordinating,

4 and evaluating projects directly or through grants, cooper5 ative agreements, and contracts with public and private

6 agencies for development and implementation of policies,

7 initiatives, and programs that are designed to reduce, con8 trol, and prevent juvenile crime and violence and improve

9 the juvenile justice system.

10 ‘‘SEC. 2802. ALLOCATION OF FUNDS.

11 ‘‘(a) TIME; BASIS; AMOUNTS.—

12 ‘‘(1) Subject to paragraph (2) and in accord13 ance with regulations promulgated under this part,

14 appropriated funds are authorized to be allocated

15 annually among the States on the basis of relative

16 population of people under the age of 18. If appro17 priated funds are not sufficient to permit such allo18 cations, the minimum allocation level shall be ad19 justed accordingly.

20 ‘‘(2) Subject to the availability of appropriated

21 funds, the amount allocated to each State for a fis22 cal year shall be not less than $600,000, except that

23 the amount allocated to the Virgin Islands, Guam,

24 American Samoa, and the Northern Mariana Islands

25 shall be not less than $200,000. If appropriated
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1 funds are not sufficient to permit such allocations,

2 the minimum allocation level shall be adjusted ac3 cordingly.

4 ‘‘(b) REALLOCATION OF UNOBLIGATED FUNDS.—If

5 any amount so allocated remains unobligated by the recipi6 ent at the end of the fiscal year, such funds shall be reallo7 cated in a manner equitable and consistent with the pur8 pose of this part. Any amount so reallocated shall be in

9 addition to the amounts already allocated and available

10 to the States, the Virgin Islands, Guam, American Samoa,

11 and the Commonwealth of the Northern Mariana Islands

12 for the same period.

13 ‘‘(c) USE OF ALLOCATED FUNDS FOR THE DEVEL14 OPMENT OF STATE PLANS, LIMITATIONS, AND MATCHING

15 REQUIREMENTS.—In accordance with regulations promul16 gated under this part, a portion of any allotment to any

17 State under this part shall be made available to develop

18 a State plan as set forth in section 2804 of this title or

19 for other activities associated with such State plan, and

20 to pay that portion of the expenditures that are necessary

21 for efficient administration, including monitoring and

22 evaluation. Not more than 10 percent of the total annual

23 allotment of such State shall be made available for such

24 purposes, except that any amount expended or obligated
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1 by such State, or by units of local government or combina2 tion thereof, from amounts made available under this sub3 section shall be matched (in an amount equal to any such

4 amount so expended or obligated) by any such State, or

5 by such units of local government or combinations, from

6 State and local funds, as the case may be. The State shall

7 make available needed funds for planning and administra8 tion to units of local government or combinations thereof

9 within the State on an equitable basis.

10 ‘‘SEC. 2803. ADMINISTRATION.

11 ‘‘(a) The Director of the Office of Juvenile Crime

12 Control and Prevention under the supervision and direc13 tion of the Assistant Attorney General for the Office of

14 Justice Programs is authorized to award grants and coop15 erative agreements and enter into contracts with public

16 and private agencies, organizations, Indian tribal govern17 ments, and individuals to provide technical assistance to

18 States, units of local governments, Indian tribal govern19 ments, and combinations thereof, and local private agen20 cies to effectuate implementation of the State plan ap21 proved under section 2804 of this title, not to exceed two

22 percent of the funds available in a fiscal year to implement

23 this part.
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1 ‘‘(b) Grants and contracts may be awarded under

2 paragraph (a) only to public and private agencies, organi3 zations, institutions, and individuals that have experience

4 in providing such technical assistance. In providing such

5 technical assistance, the recipient of a grant or a contract

6 under this subsection shall coordinate its activities with

7 the State agency described in section 2804 of this title.

8 ‘‘(c) To be eligible to receive grant funds under this

9 part, a State unit of local government, or Indian tribal

10 government must submit to the Director of the Office of

11 Juvenile Crime Control and Prevention an application at

12 such time, in such form, and containing such assurances

13 and information as may be reasonably required.

14 ‘‘(d) The Director of the Office of Juvenile Crime

15 Control and Prevention may issue whatever regulations

16 and guidelines as are reasonably necessary to implement

17 this part.

18 ‘‘SEC. 2804. REQUIREMENTS.

19 ‘‘(a) STATE PLANNING.—To receive formula grants

20 under this part, a State shall submit an application and

21 a plan for carrying out its purposes applicable to a three22 year period. Such plan shall be amended annually to in23 clude new programs and activities adopted following State

24 plan approval. The State shall submit annual reports to

25 the Director of the Office of Juvenile Crime Control and
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1 Prevention that shall describe progress in implementing

2 programs contained in the approved State plan and shall

3 describe how State plan requirements were met. Further,

4 in accordance with regulations that the Director of the Of5 fice of Juvenile Crime Control and Prevention shall pre6 scribe, the plan of a State that is applying for an award

7 under section 2801 of this title shall—

8 ‘‘(1) designate a State agency responsible for

9 supervising the preparation and administration of

10 the State plan submitted under section 2804(a) of

11 this title and provide for the creation or designation

12 of an appropriate supervisory board, such as a State

13 advisory group, that includes a balance of public and

14 private sector representation and expertise from a

15 variety of disciplines in juvenile justice, to establish

16 policies and priorities for the planning, selection,

17 and award of funds received by the State agency

18 pursuant to this title;

19 ‘‘(2) provide for the active consultation with

20 and participation of units of local government, pri21 vate agencies, or combinations thereof in the devel22 opment of a State plan that takes into account the

23 needs and requests of local governments;
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1 ‘‘(3) provide for a comprehensive analysis of ju2 venile crime problems and juvenile justice and juve3 nile crime control and prevention needs and prior4 ities with the State;

5 ‘‘(4) provide that at least 50 percent of all

6 funds received by the State pursuant to this section

7 shall be expended, unless the provisions of this para8 graph are waived at the discretion of the Director of

9 the Office of Juvenile Crime Control and Prevention

10 for any State in which the services for delinquent or

11 other youth are organized on a statewide basis—

12 ‘‘(A) through programs of units of local

13 government or combinations thereof, to the ex14 tent that such programs are consistent with the

15 State plan;

16 ‘‘(B) through programs of local private

17 agencies, to the extent that such programs are

18 consistent with the State plan, except that di19 rect funding of any local private agency by a

20 State shall be permitted only if such agency re21 quests such funding after it has applied for and

22 been denied funding by any unit of local gov23 ernment or combination thereof; and

24 ‘‘(C) to provide funds for programs for In25 dian tribes that agree to attempt to comply
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1 with the requirements specified in section

2 2804(b)(1), section 2804(b)(3), and section

3 2804(b)(4) applicable to the detention and con4 finement of juveniles, in an amount that at

5 least bears the same ratio to the aggregate

6 amount to be expended through programs re7 ferred to in section 2804(a)(4) (A) and (B) of

8 this title as the population under 18 years of

9 age in the geographical areas in which such

10 tribes perform such functions relative to the

11 State population under 18 years of age;

12 ‘‘(5) provide for an adequate system of monitor13 ing jails, detention facilities, correctional facilities,

14 and nonsecure facilities to insure that the require15 ments of section 2804(b)(1), section 2804(b)(3), and

16 section 2804(b)(4) are met;

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

18 a unit of local government may assign responsibility

19 for the preparation and administration of the local

20 government’s part of a State plan to a multidisci21 plinary regional planning agency (hereinafter in this

22 part referred to as the ‘local agency’) that can most

23 effectively implement the purposes of this part and

24 shall provide for supervision of the programs funded

25 under this subtitle by that local agency;
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1 ‘‘(7) provide for an equitable distribution of the

2 assistance received under section 2802 of this part

3 within the State;

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

5 the funds available to the State under section 2802

6 of this title shall be used for the prevention, treat7 ment, and accountability measures that have dem8 onstrated effectiveness or a promise of effectiveness

9 in addressing youth crime and improving the sys10 tems’ response to it;

11 ‘‘(9) provide assurances that youth in the juve12 nile justice system are treated equitably on the basis

13 of gender, race, religion, family income, and men14 tally, emotionally, or physically handicapping condi15 tions;

16 ‘‘(10) provide for the establishment and admin17 istration of procedures protecting the rights or re18 cipients of services under this part, and for assuring

19 appropriate privacy with regard to records relating

20 to such services provided to any individual under the

21 State plan;

22 ‘‘(11) provide that fair and equitable arrange23 ments shall be made to protect the interests of em24 ployees affected by assistance under this part and

25 shall provide for the terms and conditions of such
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1 protective arrangements established pursuant to this

2 section, and such protective arrangements shall, to

3 the extent feasible, include, without being limited to,

4 such provisions as may be necessary for—

5 ‘‘(A) the preservation of rights, privileges,

6 and benefits (including the continuation of pen7 sion rights and other benefits) under existing

8 collective-bargaining agreements or otherwise;

9 ‘‘(B) the continuation of collective-bargain10 ing rights;

11 ‘‘(C) the protection of individual employees

12 against a worsening of their positions with re13 spect to their employment;

14 ‘‘(D) assurances of employment to employ15 ees of any State or political subdivision thereof

16 who will be affected by any program funded in

17 whole or in part under provisions of the title;

18 and

19 ‘‘(E) training and retraining programs;

20 ‘‘(12) provide an appropriate level of funding

21 for the development of an adequate research, train22 ing, and evaluation capacity within the State;

23 ‘‘(13) provide assurances that Federal funds re24 ceived under this part shall be used to supplement,
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1 not supplant, non-Federal funds that would other2 wise be available for activities funded under this

3 part; and

4 ‘‘(14) contain such other terms and conditions

5 as the Director of the Office of Juvenile Crime Con6 trol and Prevention may reasonably promulgate to

7 assure the effectiveness of programs assisted under

8 this part.

9 ‘‘(b) FUNDAMENTAL JUVENILE PROTECTIONS.—A

10 State receiving funding under this title must—

11 ‘‘(1) provide that juveniles who are accused or

12 adjudicated for offenses that would not be criminal

13 if committed by an adult other than an offense that

14 constitutes a violation of a valid court order or a vio15 lation of section 922(x) of title 18 of the United

16 States Code or a similar State law, or alien juveniles

17 in custody, or such nonoffenders as dependent or ne18 glected children, shall not be placed in secure deten19 tion facilities or secure correctional facilities; except

20 that accused status offenders or nonoffenders in law21 ful custody can be held in a secure juvenile detention

22 facility for up to 24 hours, exclusive of weekends

23 and holidays, prior to an initial court appearance
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1 and for an additional 24 hours, exclusive of week2 ends and holidays, following an initial court appear3 ance;

4 ‘‘(2) provide that the State shall submit an an5 nual report to the Director of the Office of Juvenile

6 Crime Control and Prevention containing a review of

7 the progress made by the State to achieve the dein8 stitutionalization of juveniles described in section

9 2804(b)(1) of this title and a review of the progress

10 made by the State to provide that such juveniles, if

11 placed in facilities, are placed in facilities that are:

12 (i) the least restrictive alternatives appropriate to

13 the needs of a child and the community; (ii) in rea14 sonable proximity to the family and the home com15 munities of such juveniles; and (iii) provide the serv16 ices described in 42 U.S.C. 3791(a)(26);

17 ‘‘(3) provide that juveniles alleged to be or

18 found to be delinquent, and youth within the pur19 view of subparagraph (1), shall not be detained or

20 confined in any institution in which they have con21 tact with adult persons incarcerated because the

22 adult persons have been convicted of a crime or are

23 awaiting trial on criminal charges, or with the part-
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1 time or full-time security staff (including manage2 ment) or direct-care staff of a collocated jail or lock3 up for adults unless such staff have been properly

4 trained and certified to supervise juveniles; and

5 ‘‘(4) provide that—

6 ‘‘(A) no juvenile shall be detained or con7 fined in any jail or lockup for adults, except as

8 provided by regulations promulgated by the Di9 rector of the Office of Juvenile Crime Control

10 and Prevention, that make exceptions with re11 gard to the detention of juveniles accused of or

12 adjudicated for nonstatus offenses who are in

13 secure custody in such a facility for purposes of

14 processing or while awaiting transfer to a juve15 nile facility, release, or court appearance for a

16 period not to exceed six hours. Such exception

17 may be extended to 48 hours, excluding week18 ends and holidays, provided that this exception

19 is limited to areas that are in compliance with

20 paragraph (3) and—

21 ‘‘(i) are outside a Standard Metropoli22 tan Area and have no existing acceptable

23 alternative placement available;
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1 ‘‘(ii) are located where conditions of

2 distance to be traveled or the lack of high3 way, road, or other ground transportation

4 do not allow for a court appearance, trans5 fer, or release within 48 hours, so that a

6 brief (not to exceed 24 hours) delay is ex7 cusable;

8 ‘‘(iii) are located where conditions of

9 safety exist (such as severely adverse, life

10 threatening weather conditions that do not

11 allow for reasonably safe travel), in which

12 case the time for a court appearance trans13 fer to an alternative placement, or release

14 may be delayed until 24 hours after the

15 time that such conditions allow for reason16 ably safe travel; or

17 ‘‘(B) in the case of a juvenile accused of a

18 nonstatus offense may be detained or confined

19 in a jail or lockup for adults provided that such

20 jail or lockup for adults is in compliance with

21 paragraph (3) and;

22 ‘‘(i) is outside a Standard Metropoli23 tan Area;

24 ‘‘(ii) the juvenile consents;
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1 ‘‘(iii) the parent or legal guardian of

2 the juvenile consents;

3 ‘‘(iv) the counsel for the juvenile con4 curs;

5 ‘‘(v) the court reviews and approves

6 the detention or confinement; and

7 ‘‘(vi) the court approval of such deten8 tion or confinement is subject to review

9 every seven days.

10 ‘‘(5) address efforts to reduce the proportion of

11 juveniles detained or confined in secure detention fa12 cilities, secure correctional facilities, jails, and lock13 ups who are members of minority groups if such

14 proportion exceeds the proportion such groups rep15 resent in the general population. However, this para16 graph neither establishes nor requires numerical

17 standards or quotas in order for a jurisdiction to

18 achieve or meet this requirement.

19 ‘‘(c) NONSUBMISSION, NONQUALIFICATION, OR

20 WAIVER OF STATE PLAN.—

21 ‘‘(1) In the event that any State chooses not to

22 submit a plan, fails to submit a plan, or submits a

23 plan or modification that the Director of the Office
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1 of Juvenile Crime Control and Prevention, after rea2 sonable notice and opportunity for hearing, deter3 mines does not meet the requirements of this part,

4 the Director of the Office of Juvenile Crime Control

5 and Prevention shall endeavor to make 50 percent of

6 that State’s allotment under the provisions of section

7 2802 or remaining allotment, available to local pub8 lic and private and nonprofit agencies with that

9 State for purposes described in this part. The Direc10 tor shall make funds that remain available after

11 such disbursements are made, and any other unobli12 gated funds, available on an equitable basis to those

13 States that provide the protections required under

14 subsection 2804(b) of this part.

15 ‘‘(2) The Director of the Office of Juvenile

16 Crime Control and Prevention is authorized at the

17 request of a State pursuant to its State plan, to

18 waive, in whole or in part, any State plan require19 ment and/or implementing regulation as appropriate

20 to test innovative programs and methods to meet the

21 needs of juveniles in the juvenile justice system.

22 ‘‘SEC. 2805. FAILURE TO MEET REQUIREMENTS.

23 ‘‘If a State fails to fully meet one or more of the re24 quirements of section 2804(b)(1), section 2804(b)(3), sec25 tion 2804(b)(4), and section 2804(b)(5) of this title in any
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1 fiscal year beginning with fiscal year 1998, the amount

2 allotted under section 2802 of this title to said State shall

3 be reduced by 50 percent unless, the Director of the Office

4 of Juvenile Crime Control and Prevention has reasonably

5 determined that the State—

6 ‘‘(1) has substantially met each requirement

7 with respect to which the State had not fully met

8 the requirement; or

9 ‘‘(2) has made, through appropriate change to

10 State law a commitment to meeting these require11 ments; and

12 ‘‘(3) has submitted a plan sufficient to fully

13 meet each requirement; and

14 ‘‘(4) has met any other appropriate stipulations

15 as the Director of the Office of Juvenile Crime Con16 trol and Prevention may promulgate by regulation.

17 ‘‘SEC. 2806. TRAINING AND TECHNICAL ASSISTANCE.

18 ‘‘Two percent of all funds appropriated for this part

19 shall be set aside for use by the Director of the Office

20 of Juvenile Crime Control and Prevention for training and

21 technical assistance consistent with this part.

22 ‘‘SEC. 2807. RESEARCH, STATISTICS, AND EVALUATION.

23 ‘‘Ten percent of all funds appropriated for this part

24 shall be set aside, consistent with part FF, for use by the
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1 Director of the Office of Juvenile Crime Control and Pre2 vention for research, statistics, and evaluation activities

3 consistent with this part.

4 ‘‘SEC. 2808. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘There are authorized to be appropriated to carry out

6 this part, to remain available until expended—

7 ‘‘(1) $80,000,000 for fiscal year 1998; and

8 ‘‘(2) such sums as may be necessary for each

9 of the fiscal years 1999, 2000, and 2001.’’.

10 SEC. 7202. INDIAN TRIBAL GRANTS.

11 (a) INDIAN TRIBAL GRANT PROGRAM.—Title I of the

12 Omnibus Crime Control and Safe Streets Act of 1968 (42

13 U.S.C. 3711 et seq.) is amended by adding after part AA,

14 the following new part:

15 ‘‘PART BB—INDIAN TRIBAL GRANTS PROGRAMS

16 ‘‘SEC. 2901. AUTHORITY TO MAKE GRANTS AND CON17 TRACTS.

18 ‘‘The Director of the Office of Juvenile Crime Control

19 and Prevention, under the supervision and direction of the

20 Assistant Attorney General for the Office of Justice Pro21 grams, is authorized to award grants and to enter into

22 cooperative agreements and contracts with Indian tribal

23 governments and other public and private agencies, or

24 combinations thereof, to assist Indian tribal governments

25 in planning, establishing, operating, coordinating, and
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1 evaluating projects directly for the development and imple2 mentation of policies, initiatives, and programs that are

3 designed to reduce, control, and prevent juvenile crime;

4 to assist Indian juveniles who have had contact with, or

5 are at risk of having contact with, the juvenile justice sys6 tem, including tribal courts; and to improve the juvenile

7 justice system.

8 ‘‘SEC. 2902. ELIGIBILITY REQUIREMENTS.

9 ‘‘In order to receive grants under this part, an Indian

10 tribal government shall:

11 ‘‘(1) use such funds for planning, researching,

12 developing, coordinating, implementing, and evaluat13 ing initiatives and programs applicable to prevent,

14 control, and reduce juvenile crime;

15 ‘‘(2) provide assurances that Federal funds re16 ceived under this part shall be used to supplement,

17 not supplant, non-Federal funds that would other18 wise be available for activities funded under this

19 part; and

20 ‘‘(3) comply with such other requirements as

21 the Director of the Office of Juvenile Crime Control

22 and Prevention may reasonably prescribe to assure

23 the effectiveness of this part.
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1 ‘‘SEC. 2903. APPLICATION.

2 ‘‘(a) IN GENERAL.—The Director of the Office of Ju3 venile Crime Control and Prevention shall issue whatever

4 requirements for applications submitted under this part

5 as the Director of the Office of Juvenile Crime Control

6 and Prevention determines to be appropriate.

7 ‘‘(b) GUIDELINE AUTHORITY.—The Director of the

8 Office of Juvenile Crime Control and Prevention may issue

9 guidelines as necessary to carry out this part.

10 ‘‘SEC. 2904. FEDERAL SHARE.

11 ‘‘The Federal share of a grant made under this part

12 shall be 100 percent of the total amount awarded.

13 ‘‘SEC. 2905. TRAINING AND TECHNICAL ASSISTANCE.

14 ‘‘Two percent of all funds appropriated for this part

15 shall be set aside for use by the Director of the Office

16 of Juvenile Crime Control and Prevention for training and

17 technical assistance consistent with this part.

18 ‘‘SEC. 2906. RESEARCH, STATISTICS, AND EVALUATION.

19 ‘‘Ten percent of all funds appropriated for this part

20 shall be set aside, consistent with part FF, for use by the

21 Director of the Office of Juvenile Crime Control and Pre22 vention for research, statistics, and evaluation activities

23 consistent with this part.

24 ‘‘SEC. 2907. REPORT.

25 ‘‘Recipients of Federal funds pursuant to this part

26 shall submit to the Director of the Office of Juvenile
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1 Crime Control and Prevention such reports as may be rea2 sonably requested to describe progress achieved in carry3 ing out programs funded under this part.

4 ‘‘SEC. 2908. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘There are authorized to be appropriated to carry out

6 this part to remain available until expended—

7 ‘‘(1) $6,000,000 for fiscal year 1998; and

8 ‘‘(2) such sums as may be necessary for each

9 of the fiscal years 1999, 2000, and 2001.’’.

10 (b) INCREASE IN SUPPORT FOR CORRECTIONAL FA11 CILITIES ON INDIAN TRIBAL LAND.—Section 13709 of

12 title 42, United States Code, is amended—

13 (1) in subsection (a)(2) by striking the number

14 ‘‘0.2’’ and inserting in its place the number ‘‘2.0’’;

15 and

16 (2) in subsection (b) by striking the word

17 ‘‘jails’’ and inserting in its place the words ‘‘correc18 tional facilities’’.

19 SEC. 7203. AT-RISK CHILDREN GRANT PROGRAM.

20 The Omnibus Crime Control and Safe Streets Act of

21 1968 (42 U.S.C. 3711 et seq.) is amended by adding after

22 part BB, the following new part:
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1 ‘‘PART CC—AT-RISK CHILDREN’S INITIATIVE

2 ‘‘SEC. 3001. AUTHORITY TO MAKE GRANTS AND ENTER INTO

3 CONTRACTS.

4 ‘‘The Director of the Office of Juvenile Crime Control

5 and Prevention under the supervision and direction of the

6 Assistant Attorney General for the Office of Justice Pro7 grams and in consultation with the Department of Health

8 and Human Services and the Department of Education

9 is authorized to award grants to States, to be distributed

10 by States for use by local units of government, Indian

11 tribes, and locally based public and private agencies and

12 organizations, for the purpose of developing, implement13 ing, and operating school and community-based programs

14 for the reduction and prevention of truancy, school vio15 lence, and juvenile crime.

16 ‘‘SEC. 3002. USE OF FUNDS.

17 ‘‘Grants awarded pursuant to section 3001 may be

18 used to support locally based prevention and early inter19 vention efforts to assist juveniles who have had, or who

20 are at risk of having, contact with the juvenile justice sys21 tem. Funds provided under this part may be used for: tru22 ancy reduction; school drop-out prevention; juvenile curfew

23 enforcement; school safety; juvenile mentoring; violence re24 duction strategies, such as dispute resolution; intensive su25 pervision services; job and life skills training; family

26 strengthening interventions; early childhood services;
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1 after-school programs for juveniles and tutoring programs;

2 recreation and parks programs; parent training; health

3 and mental health services; alcohol and substance abuse

4 services; restitution and community services activities;

5 leadership development; accountability and responsibility

6 education; and other efforts that will lower or prevent tru7 ancy, school violence, and juvenile crime.

8 ‘‘SEC. 3003. ELIGIBILITY.

9 ‘‘(a) To receive funds pursuant to section 3001, the

10 chief executive officer of a State must certify to the Direc11 tor of the Office of Juvenile Crime Control and Prevention

12 that the State complies with the plan requirements set out

13 in section 2804 of this part.

14 ‘‘(b) Further, to receive funds pursuant to section

15 3001, the chief executive of a State must designate to the

16 Director of the Office of Juvenile Crime Control and Pre17 vention a single State agency or official who shall be re18 sponsible for the coordination and administration of this

19 part.

20 ‘‘(c) The Director of the Office of Juvenile Crime

21 Control and Prevention may issue additional guidelines

22 with respect to State and local eligibility consistent with

23 this part.
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1 ‘‘SEC. 3004. LOCAL PLANNING REQUIREMENT.

2 ‘‘(a) Units of local government participating under

3 this part must utilize a local planning board.

4 ‘‘(b) The board established pursuant to subsection (a)

5 shall—

6 ‘‘(1) be appointed or designated by the chief ex7 ecutive of the participating jurisdiction;

8 ‘‘(2) consist of representatives of the commu9 nity and a balance of public and private agencies

10 and organizations;

11 ‘‘(3) be responsible for developing, on behalf of

12 the participating jurisdiction, a three-year plan out13 lining the jurisdiction’s plans and strategies and pro14 grams to develop a balanced prevention and early

15 intervention plan consistent with section 3002 of

16 this part; and

17 ‘‘(4) provide the plan referenced in paragraph

18 (3) as part of any application submitted from public

19 or private entities within the participating jurisdic20 tion.

21 ‘‘(c) Plans submitted by participating jurisdictions

22 must be certified by the chief executive officer of the par23 ticipating jurisdiction and submitted to the state agency

24 or organization designated by the chief executive officer

25 of the State under section 3003(b).
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1 ‘‘(d) The plans must show evidence of coordination

2 with other local truancy, school violence, and juvenile

3 crime programs.

4 ‘‘(e) The Director of the Office of Juvenile Crime

5 Control and Prevention may issue guidelines with respect

6 to local planning requirements consistent with this part.

7 ‘‘SEC. 3005. ADMINISTRATION.

8 ‘‘The Director of the Office of Juvenile Crime Control

9 and Prevention shall establish guidelines governing the ad10 ministration and the manner and content of applications

11 for funding under this part. Such guidelines shall include

12 procedures and methods for the distribution of funds dis13 tributed under this part.

14 ‘‘SEC. 3006. FEDERAL SHARE.

15 ‘‘For any grant made under this program, the State/

16 local contribution shall be 50 percent. Further, in-kind

17 contributions, pursuant to the discretion of the Director

18 of the Office of Juvenile Crime Control and Prevention

19 may constitute a portion, or all, of the non-Federal share

20 of a grant made under this part. With regard to grants

21 to Indian tribes, the Director of the Office of Juvenile

22 Crime Control and Prevention may allow other Federal

23 funds to constitute all or a portion of the non-Federal

24 share.
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1 ‘‘SEC. 3007. TRAINING AND TECHNICAL ASSISTANCE.

2 ‘‘Two percent of all funds appropriated for this part

3 shall be set aside for use by the Director of the Office

4 of Juvenile Crime Control and Prevention for training and

5 technical assistance consistent with this part.

6 ‘‘SEC. 3008. RESEARCH, STATISTICS, AND EVALUATION.

7 ‘‘Ten percent of all funds appropriated for this part

8 shall be set aside, consistent with part FF, for use by the

9 Director of the Office of Juvenile Crime Control and Pre10 vention for research, statistics, and evaluation activities

11 consistent with this part.

12 ‘‘SEC. 3009. REPORT.

13 ‘‘Recipients of Federal funds pursuant to this part

14 shall submit to the Director of the Office of Juvenile

15 Crime Control and Prevention such reports as may be rea16 sonably requested to describe progress achieved in carry17 ing programs funded under this part.

18 ‘‘SEC. 3010. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated to carry out

20 this part to remain available until expended—

21 ‘‘(1) $75,000,000 for fiscal year 1998; and

22 ‘‘(2) such sums as may be necessary for each

23 of the fiscal years 1999, 2000, and 2001.’’.
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1 SEC. 7204. DEVELOPING, TESTING, AND DEMONSTRATING

2 PROMISING PROGRAMS.

3 Title I of the Omnibus Crime Control and Safe

4 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

5 by adding after part CC, the following new part:

6 ‘‘PART DD—DEVELOPING, TESTING, AND

7 DEMONSTRATING PROMISING NEW PROGRAMS

8 ‘‘SEC. 3101. AUTHORITY TO MAKE GRANTS AND CONTRACTS

9 ‘‘(a) The Director of the Office of Juvenile Crime

10 Control and Prevention under the supervision and direc11 tion of the Assistant Attorney General for the Office of

12 Justice Programs is authorized to make grants to States,

13 units of local government, Indian tribal governments, pub14 lic and private agencies, organizations, and individuals, or

15 combinations thereof for the development, testing, and

16 demonstration of promising initiatives and programs for

17 the prevention, control, and/or reduction of juvenile crime.

18 Such programs shall be those considered to possess a high

19 probability of improving the juvenile justice system, as

20 well as efforts that may include prevention, early interven21 tion, and/or reduction of juvenile crime.

22 ‘‘(b) The Director of the Office of Juvenile Crime

23 Control and Prevention under the supervision and direc24 tion of the Assistant Attorney General for the Office of

25 Justice Programs is authorized to award grants to and
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1 enter into cooperative agreements and contracts with pub2 lic and private agencies, organizations, and individuals to

3 provide technical assistance to States, units of local gov4 ernment, Indian tribal governments, local private entities

5 or agencies, or any combination thereof to effectuate im6 plementation of applications approved under this part.

7 ‘‘SEC. 3102. ELIGIBILITY REQUIREMENTS.

8 ‘‘Under this part, public and private agencies, Indian

9 tribal governments, or organizations, institutions, individ10 uals are eligible to apply.

11 ‘‘SEC. 3103. APPLICATIONS.

12 ‘‘(a) GENERALLY.—An application shall be submitted

13 at such time, in such form, and containing such informa14 tion as the Director of the Office of Juvenile Crime Con15 trol and Prevention may reasonably require.

16 ‘‘(b) GUIDELINE AUTHORITY.—The Director of the

17 Office of Juvenile Crime Control and Prevention may issue

18 guidelines necessary to carry out this part.

19 ‘‘SEC. 3104. FEDERAL SHARE.

20 ‘‘The Federal share of a grant made under this part

21 shall be 100 percent of the total amount awarded.

22 ‘‘SEC. 3105. GEOGRAPHIC DISTRIBUTION.

23 ‘‘The Director of the Office of Juvenile Crime Control

24 and Prevention shall ensure that, to the extent reasonable
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1 and practicable, an equitable geographic distribution of

2 grant awards is made.

3 ‘‘SEC. 3106. TRAINING AND TECHNICAL ASSISTANCE.

4 ‘‘Two percent of all funds appropriated for this part

5 shall be set aside for use by the Director of the Office

6 of Juvenile Crime Control and Prevention for training and

7 technical assistance consistent with this part.

8 ‘‘SEC. 3107. RESEARCH, STATISTICS, AND EVALUATION.

9 ‘‘Ten percent of all funds appropriated for this part

10 shall be set aside, consistent with part FF, for use by the

11 Director of the Office of Juvenile Crime Control and Pre12 vention for research, statistics, and evaluation activities

13 consistent with this part.

14 ‘‘SEC. 3108. REPORT.

15 ‘‘Recipients of Federal funds pursuant to this part

16 shall submit to the Director of the Office of Juvenile

17 Crime Control and Prevention such reports as may be rea18 sonably requested to describe progress achieved in carry19 ing programs unfunded under this part.

20 ‘‘SEC. 3109. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated to carry out

22 this part to remain available until expended—

23 ‘‘(1) $24,000,000 for fiscal year 1998; and

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

25 of the fiscal years 1999, 2000, and 2001.’’.
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1 SEC. 7205. INCENTIVE GRANT PROGRAMS.

2 Title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

4 by adding after part DD, the following new part:

5 ‘‘PART EE—INCENTIVE GRANT PROGRAMS

6 ‘‘SEC. 3201. AUTHORITY TO MAKE GRANTS AND ENTER INTO

7 CONTRACTS.

8 ‘‘The Director of the Office of Juvenile Crime Control

9 and Prevention under the supervision and direction of the

10 Assistant Attorney General for the Office of Justice Pro11 grams is authorized to make grants to States that receive

12 an allocation under section 2802 of this title, in an amount

13 to be determined based on each qualifying State’s propor14 tion of the total population of juveniles in all qualifying

15 States. Such funds may be used by the State acting di16 rectly or through grants, cooperative agreements and con17 tracts with public or private agencies, institutions, individ18 uals, or Indian tribes, for program purposes authorized

19 under section 3203 of this title.

20 ‘‘SEC. 3202. ELIGIBILITY REQUIREMENTS.

21 ‘‘The State agency designated under section 2804 of

22 this title is eligible to apply under this part. The applicant

23 shall provide assurances that the State has, either at the

24 time of application, or within 12 months from the time

25 of application—
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1 ‘‘(1) implemented a system of accountability2 based graduated sanctions applicable to juveniles

3 within the juvenile justice system designed to hold

4 such juveniles accountable for their actions and to

5 protect local communities from the effects of juvenile

6 crime by providing appropriate sanctions for every

7 act for which a juvenile is adjudicated delinquent;

8 and

9 ‘‘(2) designed a system for juvenile delinquency

10 history record information collection, storage, and

11 dissemination that will ensure that such records will

12 be available for such purposes as provided by State

13 or tribal law.

14 ‘‘SEC. 3203. APPLICATIONS.

15 ‘‘(a) GENERALLY.—To request funds under this part,

16 the State agency shall submit an application to the Direc17 tor of the Office of Juvenile Crime Control and Prevention

18 in such form and containing such information as the Di19 rector of the Office of Juvenile Crime Control and Preven20 tion may reasonably require.

21 ‘‘(b) SPECIFIC REQUIREMENTS.—In addition to any

22 other requirements that may be specified by the Director

23 of the Office of Juvenile Crime Control and Prevention,

24 an application for a grant under this part shall—
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1 ‘‘(1) include a long-term strategy and detailed

2 implementation plan;

3 ‘‘(2) identify related governmental or commu4 nity initiatives that complement or will be coordi5 nated with the initiative or program;

6 ‘‘(3) certify that there has been appropriate

7 consultation with all affected agencies or govern8 mental entities and that there will be appropriate co9 ordination with said agencies or entities in the im10 plementation of the initiative or program;

11 ‘‘(4) ensure that Federal funds received under

12 this part shall be used to supplement, not supplant,

13 non-Federal funds that would otherwise be available

14 for activities funded under this section. With regard

15 to grants to Indian tribes, the Director of the Office

16 of Juvenile Crime Control and Prevention may allow

17 other Federal funds to constitute all or a portion of

18 the non-Federal share; and

19 ‘‘(5) specify plans for obtaining necessary sup20 port for continuing the funded program following

21 the conclusion of Federal support.

22 ‘‘(c) GUIDELINE AUTHORITY.—The Director of the

23 Office of Juvenile Crime Control and Prevention may issue

24 guidelines as are necessary to carry out this part.
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1 ‘‘SEC. 3204. GENERAL USES.

2 ‘‘A State, unit of local government, or Indian tribal

3 government that receives a grant pursuant to this part

4 must use said grant funds for one or more of the following

5 purposes—

6 ‘‘(1) for the effectuation of paragraphs (1) and/

7 or (2) of section 3202 of this part;

8 ‘‘(2) for the advancement of initiatives and pro9 grams that are designed to prevent or intervene in

10 the unlawful possession, distribution, or sale of fire11 arms by or to juveniles, including law enforcement

12 and prosecution strategies and programs;

13 ‘‘(3) for the implementation of programs and

14 activities that facilitate the collection, dissemination,

15 and use of data and information regarding juvenile

16 crime;

17 ‘‘(4) for the implementation of new programs

18 and activities that enhance the ability of State and

19 local jurisdictions to track, intervene with, and con20 trol serious, violent, and chronic juvenile offenders,

21 such as assessment, aftercare, intensive supervision,

22 SHOCAP programs, and targeted gang intervention

23 programs;

24 ‘‘(5) for the implementation of comprehensive

25 program services in juvenile detention and correc26 tional facilities;
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1 ‘‘(6) for any other purpose related to juvenile

2 crime prevention, control, and/or reduction as the

3 Director of the Office of Juvenile Crime Control and

4 Prevention shall determine, such as rural juvenile

5 crime prevention, innovative local law enforcement

6 and juvenile-focuses community policing, gender-spe7 cific services, and hate crime prevention and inter8 vention; and

9 ‘‘(7) planned and implemented programs, poli10 cies, and procedures that address efforts to prevent

11 and reduce and disproportionate confinement of mi12 nority juveniles when it exists within the juvenile

13 justice system.

14 ‘‘SEC. 3205. FEDERAL SHARE.

15 ‘‘The Federal share of any individual grant made

16 pursuant to this part may not exceed 75 percent. Further,

17 in-kind contributions, pursuant to the discretion of the Di18 rector of the Office of Juvenile Crime Control and Preven19 tion, may constitute a portion, or all, of the non-Federal

20 share of a grant made under this part. With regard to

21 grants to Indian tribes, the Director of the Office of Juve22 nile Crime Control and Prevention may allow other Fed23 eral funds to constitute all or a portion of the non-Federal

24 share.
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1 ‘‘SEC. 3206. TRAINING AND TECHNICAL ASSISTANCE.

2 ‘‘Two percent of all funds appropriated for this part

3 shall be set aside for use by the Director of the Office

4 of Juvenile Crime Control and Prevention for training and

5 technical assistance consistent with this part.

6 ‘‘SEC. 3207. RESEARCH, STATISTICS, AND EVALUATION.

7 ‘‘Ten percent of all funds appropriated for this part

8 shall be set aside, consistent with part FF, for use by the

9 Director of the Office of Juvenile Crime Control and Pre10 vention for research, statistics, and evaluation activities

11 consistent with this part.

12 ‘‘SEC. 3208. REPORT.

13 ‘‘Recipients of Federal funds pursuant to this part

14 shall submit to the Director of the Office of Juvenile

15 Crime Control and Prevention such reports as may be rea16 sonably requested to describe progress achieved in carry17 ing programs funded under this part.

18 ‘‘SEC. 3209. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated to carry out

20 this part to remain available until expended—

21 ‘‘(1) $17,000,000 for fiscal year 1998; and

22 ‘‘(2) such sums as may be necessary for each

23 of the fiscal years 1999, 2000, and 2001.’’.

24 ‘‘SEC. 7206. RESEARCH, STATISTICS, AND EVALUATION.

25 (a) SHORT TITLE.—This section may be cited as the

26 ‘‘Youth Violence Reduction Research Act of 1997’’.
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1 (b) RESEARCH, STATISTICS, EVALUATION.—Title I

2 of the Omnibus Crime Control and Safe Streets Act of

3 1968 (42 U.S.C. et seq.) is amended by adding after part

4 EE, the following new part:

5 ‘‘PART FF—RESEARCH, STATISTICS, AND

6 EVALUATION’’

7 ‘‘SEC. 3301. FEDERAL EFFORT.

8 ‘‘(a) RESEARCH AND EVALUATION.—The Director of

9 the Office of Juvenile Crime Control and Prevention under

10 the supervision and direction of the Assistant Attorney

11 General for the Office of Justice Programs is authorized

12 to—

13 ‘‘(1) transfer funds to and enter into agree14 ments with the National Institute of Justice or, sub15 ject to the approval of the Assistant Attorney Gen16 eral for the Office of Justice Programs, to another

17 Federal agency authorized by law to conduct re18 search or evaluation in juvenile justice matters, for

19 the purpose of providing research and evaluation to

20 address the reduction, control, and prevention of ju21 venile crime; the juvenile justice system; youth vio22 lence and other purposes consistent with Anti-Gang

23 and Youth Violence Act of 1997; and

24 ‘‘(2) plan and identify, in consultation with the

25 Director of the National Institute of Justice, the
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1 purposes and goals of all grants, contracts, or agree2 ments to be supported under this subsection.

3 ‘‘(b) STATISTICAL ANALYSIS.—The Director of the

4 Office of Juvenile Crime Control and Prevention under the

5 supervision and direction of the Assistant Attorney Gen6 eral for the Office of Justice Programs is authorized to—

7 ‘‘(1) transfer funds to and enter into agree8 ments with the Bureau of Justice Statistics or, sub9 ject to the approval of the Assistant Attorney Gen10 eral for the Office of Justice Programs, to another

11 Federal agency authorized by law to undertake sta12 tistical work in juvenile justice matters, for the pur13 pose of providing for the collection, analysis, and

14 dissemination of statistical data and information re15 lating to juvenile crime; the juvenile justice system;

16 youth violence and other purposes consistent with

17 Anti-Gang and Youth Violence Act of 1997; and

18 ‘‘(2) plan and identify, in consultation with the

19 Director of the Bureau of Justice Statistics, the pur20 poses and goals of all grants, contracts, or agree21 ments to be supported under this subsection.

22 ‘‘SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘(a) In addition to such sums as authorized in other

24 parts of title VII of the Anti-Gang and Youth Violence

25 Act of 1997, there are authorized to be appropriated for
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1 purposes authorized pursuant to section 3301(a) of this

2 title to be available until expended—

3 ‘‘(1) $6,000,000 for fiscal year 1998; and

4 ‘‘(2) such sums as may be necessary for each

5 of the fiscal years 1999; 2000; and 2001.

6 ‘‘(b) In addition to such sums as authorized in other

7 parts of title VII of the Anti-Gang and Youth Violence

8 Act of 1997, there are authorized to be appropriated for

9 purposes authorized pursuant to section 3301(b) of this

10 title to be available until expended—

11 ‘‘(1) $3,000,000 for fiscal year 1998; and

12 ‘‘(2) such sums as may be necessary for each

13 of the fiscal years 1999; 2000; and 2001.’’.

14 SEC. 7207. TRAINING AND TECHNICAL ASSISTANCE.

15 Title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

17 by adding after part FF, the following new part:

18 ‘‘PART GG—TRAINING AND TECHNICAL

19 ASSISTANCE

20 ‘‘SEC. 3401. AUTHORITY TO MAKE GRANTS AND CON21 TRACTS.

22 ‘‘(a) TRAINING.—The Director of the Office of Juve23 nile Crime Control and Prevention, under the supervision

24 and direction of the Assistant Attorney General for the

25 Office of Justice Programs, is authorized to—
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1 ‘‘(1) develop and implement programs and ini2 tiatives for the purpose of educating representatives

3 and personnel from public and private agencies, in4 cluding practitioners in the field of juvenile justice,

5 law enforcement, the courts, corrections, the schools,

6 and related services, in programs and practices con7 sistent with the goals and purposes of the Anti-Gang

8 and Youth Violence Act of 1997; and

9 ‘‘(2) award grants to and into cooperative

10 agreements and contracts with public and private

11 agencies, institutions, and organizations, including

12 universities and other academic institutions, for the

13 purpose of educating representatives and personnel

14 from public and private agencies, including practi15 tioners in the field of juvenile justice, law enforce16 ment, the courts, corrections, the schools, and relat17 ed services, in programs and practices consistent

18 with the goals of the Anti-Gang and Youth Violence

19 Act of 1997.

20 ‘‘(b) TECHNICAL ASSISTANCE.—The Director of the

21 Office of Juvenile Crime Control and Prevention under the

22 supervision of the Assistant Attorney General for the Of23 fice of Justice Programs is authorized to—
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1 ‘‘(1) develop and implement programs and ini2 tiatives for the purpose of providing technical assist3 ance to representatives and personnel from public

4 and private agencies and organizations, including

5 practitioners in the field of juvenile justice, law en6 forcement, the courts, corrections, the schools, and

7 related services, in the establishment, implementa8 tion, and operation of programs and practices fund9 ed under, and consistent with the Anti-Gang and

10 Youth Violence Act of 1997; and

11 ‘‘(2) award grants to and enter into cooperative

12 agreements and contracts with public and private

13 agencies, institutions, and organizations, including

14 universities and other academic institutions, for the

15 purpose of providing technical assistance to rep16 resentatives and personnel from public and private

17 agencies, including practitioners in the field of juve18 nile justice, law enforcement, the courts, corrections,

19 the schools, and related services in the establish20 ment, implementation, and operation of programs

21 and practices funded under, and consistent with the

22 Anti-Gang and Youth Violence Act of 1997.

23 ‘‘(c) INFORMATION DISSEMINATION.—The Director

24 of the Office of Juvenile Crime Control and Prevention
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1 under the supervision of the Assistant Attorney General

2 for the Office of Justice Programs is authorized to—

3 ‘‘(1) review reports and data relating to juvenile

4 justice in the United States and internationally, as

5 appropriate, collect data and information from stud6 ies and research into all aspects of juvenile delin7 quency and crime, its causes, prevention, and treat8 ment, and serve as a clearinghouse and information

9 center for the preparation, publication, and dissemi10 nation of information regarding juvenile crime, in11 cluding State and local prevention and treatment

12 programs, plans, resources, training and technical

13 assistance programs, resources, and other pertinent

14 data and information.

15 ‘‘(2) award grants to and enter into cooperative

16 agreements and contracts with public and private

17 agencies, institutions, and organizations, including

18 universities and other academic institutions, for the

19 purpose of disseminating information to representa20 tives and personnel from public and private agencies,

21 including practitioners in the field of juvenile justice,

22 law enforcement, the courts, corrections, the schools,

23 and related services in the establishment, implemen24 tation, and operation of programs and practices
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1 funded under, and consistent with the Anti-Gang

2 and Youth Violence Act of 1997.

3 ‘‘SEC. 3402. APPLICATIONS.

4 ‘‘The Director of the Office of Juvenile Crime Control

5 and Prevention shall establish guidelines governing the

6 manner and content of applications for funding under this

7 part.

8 ‘‘SEC. 3403. ADMINISTRATION.

9 ‘‘The Director of the Office of Juvenile Crime Control

10 and Prevention under the supervision and direction of the

11 Assistant Attorney General for the Office of Justice Pro12 grams shall establish guidelines governing the administra13 tion of this part. Such guidelines shall include procedures

14 and methods for the distribution of funds, including the

15 awarding of grants, cooperative agreements and contracts,

16 made under this part.

17 ‘‘SEC. 3404. AUTHORIZATION OF APPROPRIATIONS.

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

19 this part to be available until expended—

20 ‘‘(1) $10,000,000 for fiscal year 1998; and

21 ‘‘(2) such sums as may be necessary for each

22 of the fiscal years 1999; 2000; and 2001.’’.
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1 SUBTITLE C—MISSING AND EXPLOITED

2 CHILDREN

3 SEC. 7301. EXTENSION OF AUTHORIZATION AND USES OF

4 FUNDS.

5 Section 5777 of title 42, United States Code, is

6 amended by—

7 (1) striking the words ‘‘1993, 1994, 1995, and

8 1996.’’ and inserting in their place the words ‘‘1998,

9 1999, 2000, and 2001.’’; and

10 (2) by designating the subsection beginning

11 with the words ‘‘To carry out the provisions of’’ as

12 subsection (a); and

13 (3) by adding after newly designated subsection

14 (a), the following new subsection—

15 ‘‘(b) Of the funds appropriated under this sub16 chapter, 10 percent shall be set aside for research, statis17 tics, and evaluation consistent with the purposes of this

18 subchapter; and two percent shall be set aside for training

19 consistent with this subchapter.’’.

20 SEC. 7302. CORRECTIONS.

21 Subchapter IV of 42 United States Code is amended

22 by—

23 (1) striking 42 United States Code 5778(a)(b);

24 and

25 (2) in 42 United States Code 5773(b)—
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1 (A) striking the word ‘‘making’’ the first

2 time it appears and inserting in its place the

3 word ‘‘awarding’’;

4 (B) inserting the words ‘‘or cooperative

5 agreements’’ between the word ‘‘grant’’ and the

6 word ‘‘to’’ the first time they appear; and

7 (C) striking the word ‘‘coordinating’’ the

8 first time it appears and inserting in its place

9 the word ‘‘coordinate’’.

10 SEC. 7303. CONFORMING AMENDMENT.

11 Subchapter IV of title 42, United States Code, is

12 amended by—

13 (1) the word ‘‘Administrator’’ is replaced with

14 the word ‘‘Director’’ anywhere it appears; and

15 (2) the words ‘‘Office of Juvenile Justice and

16 Delinquency Prevention’’ are replaced with the

17 words ‘‘Office of Juvenile Crime Control and Pre18 vention’’ anywhere they appear; and

19 (3) the words ‘‘Administrator of the Office of

20 Juvenile Justice and Delinquency Prevention’’ are

21 replaced with the words ‘‘Director of the Office of

22 Juvenile Crime Control and Prevention’’ anywhere

23 they appear.

Æ