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 ju-
venile and youth crime, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Anti-Gang and Youth Violence Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for
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 of-
fenses.
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 immi-
nent danger to public safety.
Sec. 2146. Increased penalties for using Federal property to grow or manufac-
ture controlled substances.
Sec. 2147. Clarification of length of supervised release terms in controlled sub-
stance 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 vic-
tims, witnesses, and informants.
TITLE IV—PROTECTING VICTIMS’ RIGHTS
Sec. 4001. Access of victims and public to records of crimes committed by juve-
nile 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.
TITLE I—FINDINGS AND PURPOSES
SEC. 1001. FINDINGS.
(a) The rate of juvenile crime remains unacceptably
high, as does the abuse and trafficking of drugs by and
to juveniles.
(b) The prevalence of gangs and gang-related violence
has increased drastically over the last decade and remains
a serious concern.
(c) The prevalence of illegal gun markets fuels use
of illegal guns by juveniles, and the number of juvenile
homicides involving guns has increased dramatically in the
past several years.
(d) There is an increasing and urgent need to better
understand the causes of crime and violence committed
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by juveniles and young adults, and to identify those initia-
tives and strategies that are effective in reducing and pre-
venting juvenile and youth crime.
(e) Accurate statistical information, collected, ana-
lyzed, and disseminated in a timely manner is necessary
to the Nation’s ability to fully understand, assess, and ad-
dress issues related to youth violence.
(f) Where appropriate, the Federal Government
needs to be able to better prosecute and hold accountable
juveniles who commit certain serious felonies.
(g) State and local prosecutors face serious backlogs
in cases involving young violent offenders, especially gang
members, many of whom are repeat offenders.
(h) Juvenile courts, prosecutorial and public defender
offices, probation services, and correctional facilities are
overburdened and have not been able to effectively process,
detain, sentence, protect, or treat juvenile offenders.
(i) Victims and witnesses of juvenile crimes need to
be better protected by the justice system and be able to
more fully participate in juvenile proceedings.
(j) Emphasis should be placed on preventing youth
from committing crimes.
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(k) The Federal Government has a unique and vital
role in providing the leadership, focus, and resources need-
ed to successfully address gangs, youth violence and juve-
nile crime.
(l) The high incidence of juvenile crime in the United
States results in an enormous annual cost and immeas-
urable loss of human life, personal security, and wasted
human resources and that juvenile crime constitutes a
growing threat to the national welfare requiring immediate
and comprehensive action by the Federal Government to
reduce and prevent this type of crime.
SEC. 1002. DECLARATION OF PURPOSE AND POLICY.
(a) The Federal Government, through enforcement
and funding initiatives, plays an essential role in combat-
ing juvenile crime, gang violence, and drug use and assist-
ing the victims of juvenile crime. The Federal Government
has a unique and comprehensive function that includes
fortifying and creating new, stronger, and more effective
alliances with States, Indian tribes, cities, counties, and
communities in the fight against juvenile crime, its causes,
and consequences.
(b) It is the purpose of this Act—
(1) to strengthen, in appropriate cases, Federal
prosecutions of serious and violent juvenile offenders
by: providing Federal prosecutors with the discretion
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to transfer juvenile offenders to adult criminal court;
expanding the categories of serious felonies for
which a juvenile can be prosecuted as an adult in
Federal court to include certain firearms and drug
offenses, violent crimes, and conspiracy; and permit-
ting an adjudication of delinquency for a serious
drug trafficking offense to qualify as a predicate of-
fense under the Armed Career Criminal Act;
(2) to target illegal gun use and gun markets,
gang involvement, gang violence, drug use, drug
trafficking, and drug-related crime;
(3) to hold juvenile offenders accountable for
their actions by ensuring accountability-based grad-
uated sanctions are applied for every violation of the
law;
(4) to implement a comprehensive and effective
effort that provides necessary resources and other
support for State, tribal, and local juvenile crime en-
forcement, intervention, sanction, and prevention ini-
tiatives;
(5) to assist State and local communities in ef-
fectively and efficiently addressing and preventing
juvenile substance-abuse and drug-related juvenile
crime;
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(6) to promote research, evaluation, and infor-
mation and data collection procedures and activities
that identify and disseminate information on effec-
tive programs and initiatives that combat juvenile
crime;
(7) to test promising strategies and programs
that reduce or prevent juvenile crime, and establish
flexible demonstration programs that effectively sup-
port State and local initiatives to prevent and reduce
juvenile cirme;
(8) to maintain fundamental safeguards to pro-
tect juveniles from harm while in custody;
(9) to provide resources for courts to address
violent juveniles and similarly use expanded correc-
tions options for juvenile offenders who pose serious
danger to the community and to other, less dan-
gerous juvenile offenders;
(10) to protect witnesses and victims of juvenile
crime from intimidation and expand victim access to
juvenile proceedings; and
(11) to establish a new Office of Juvenile Crime
Control and Prevention within the Office of Justice
Programs to provide leadership, resources, and co-
ordination for State, local, and Indian tribal efforts.
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SEC. 1003. DEFINITIONS.
(a) Section 901 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3791, et
seq.) is amended by adding after paragraph (23) the fol-
lowing new paragraphs—
‘‘(26) the term ‘community based’ facility, pro-
gram, or service means a small, open group home or
other suitable place located near the juvenile’s home
or family and programs of community supervision
and service that maintain community and consumer
participation in the planning operation, and evalua-
tion of their programs that may include, but are not
limited to, medical, educational, vocational, social
and psychological guidance, training, special edu-
cation, counseling, alcoholism treatment, drug treat-
ment, and other rehabilitative services;
‘‘(27) the term ‘Federal juvenile delinquency pro-
gram’ means any juvenile delinquency program that
is conducted, directly, or indirectly, or is assisted by
any Federal department or agency;
‘‘(28) the term ‘juvenile delinquency program’
means any program or activity related to juvenile de-
linquency prevention, control, diversion, treatment,
rehabilitation, planning, education, training, and re-
search, including drug and alcohol abuse programs;
the improvement of the juvenile justice system; and
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any program or activity to help prevent juvenile de-
linquency;
‘‘(29) the term ‘combination’ as applied to States
or units of local government means any grouping or
joining together of such States or units for the pur-
pose of preparing, developing, or implementing a
program, initiative, or activity under this title;
‘‘(30) the term ‘secure detention facility’ means
any public or private residential facility that—
‘‘(A) uses construction fixtures to physically
restrict the movements and activities of juve-
niles or other individuals held in lawful custody
in such facility; and
‘‘(B) is used for the temporary placement of
any juvenile who is accused of having commit-
ted an offense or of any other individual ac-
cused of having committed a criminal offense;
‘‘(31) the term ‘secure correctional facility’ means
any public or private residential facility that—
‘‘(A) uses construction fixtures to physically
restrict the movements and activities of juve-
niles or other individuals held in lawful custody
in such facility; and
‘‘(B) is used for the placement, after adju-
dication and disposition, of any juvenile who
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has been adjudicated as having committed an
offense, or any other individual convicted of a
criminal offense;
‘‘(32) the term ‘serious crime’ means criminal
homicide, forcible rape or other sex offenses punish-
able as a felony, hate crimes, mayhem, kidnaping,
aggravated assault, robbery, larceny or theft punish-
able as a felony, motor vehicle theft, burglary or
breaking and entering, extortion accompanied by
threats of violence, drug trafficking, firearms viola-
tions, or arson punishable as a felony;
‘‘(33) the term ‘treatment’ includes, but is not
limited to medical, educational, special education, so-
cial, psychological, and vocational services, corrective
and preventive guidance and training, and other re-
habilitative services designed to protect the public,
including services designed to benefit addicts and
other users by eliminating their dependence on alco-
hol or other addictive or nonaddictive drugs or by
controlling their dependence and susceptibility to ad-
diction or use;
‘‘(34) the term ‘valid court order’ means a
court order given by a juvenile court judge to a juve-
nile—
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‘‘(A) who was brought before the court and
made subject to such order;
‘‘(B) who received, before the issuance of
such order, the full due process rights guaran-
teed to such juvenile by the Constitution of the
United States or to Indian juvenile offenders
under the Indian Civil Rights Act (25 U.S.C.
1301 et seq.);
‘‘(C) with respect to whom an appropriate
public or private agency, before a disposition of
confinement in a secure detention facility or a
secure correctional facility, has reviewed the be-
havior of such juvenile, its causes, the
dispositional alternatives available, and has sub-
mitted to the court a report and recommenda-
tion.
‘‘(35) the term ‘jail or lockup for adults’ means
a locked facility that is used by a State, unit of local
government, or any law enforcement authority to de-
tain or confine adults—
‘‘(A) pending the filing of a charge of vio-
lating a criminal law;
‘‘(B) awaiting trial on a criminal charge;
or
‘‘(C) convicted of violating a criminal law.
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direct responsibility for the prosectution of criminal
offenders.’’.
(b) Section 901(a)(21) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791, et seq.) is amended by—
(1) inserting the words ‘‘ or juvenile’’ between
the words ‘‘criminal’’ and ‘‘justice’’ the first time
they appear; and
(2) striking the words ‘‘the criminal justice sys-
tem’’ the last time they appear and inserting in their
place the words ‘‘either the criminal or juvenile jus-
tice systems.’’.
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.
Section 1963(a) of title 18, United States Code, is
amended by striking ‘‘or imprisoned not more than 20
years (or for life if the violation is based on a racketeering
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activity for which the maximum penalty includes life im-
prisonment), or both,’’ and inserting ‘‘or imprisoned not
more than the greater of 20 years or the statutory maxi-
mum term of imprisonment (including life) applicable to
a racketeering activity on which the violation is based, or
both,’’.
SEC. 2112. INCREASED PENALTY AND BROADENED SCOPE
OF STATUTE AGAINST VIOLENT CRIMES IN
AID OF RACKETEERING.
Section 1959(a) of title 18, United States Code, is
amended—
(1) by inserting ‘‘or commits any other crime of
violence’’ before ‘‘or threats to commit a crime of vi-
olence’’;
(2) in paragraph (4) by inserting ‘‘committing
any other crime of violence or for’’ before ‘‘threaten-
ing to commit a crime of violence’’, and by striking
‘‘five’’ and inserting ‘‘ten’’;
(3) in paragraph (5) by striking ‘‘for not more
than ten years’’ and inserting ‘‘for any term of years
or for life’’.
(4) in paragraph (6) by striking ‘‘or’’ before
‘‘assault resulting in serious bodily injury’’, by in-
serting ‘‘or any other crime of violence’’ after those
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same words, and by striking ‘‘three’’ and inserting
‘‘ten’’; and
(5) by inserting ‘‘(as defined in section 1365 of
this title)’’ after ‘‘serious bodily injury’’ the first
place it appears.
SEC. 
2113. 
FACILITATING 
THE 
PROSECUTION 
OF
CARJACKING OFFENSES.
Section 2119 of title 18, United States Code, is
amended by striking ‘‘, with the intent to cause death or
serious bodily harm’’.
SEC. 2114. FACILITATION OF RICO PROSECUTIONS.
Section 1962(d) of title 18, United States Code, is
amended by adding at the end ‘‘For purposes of this sub-
section, it is not necessary to establish that the defendant
agreed personally to commit any acts of racketeering ac-
tivity.’’
SEC. 2115. ELIMINATION OF THE STATUTE OF LIMITATIONS
FOR MURDER AND CLASS A OFFENSES.
(a) Section 3281 of title 18, United States Code, is
amended to read as follows:
‘‘§ 3281. Capital offenses and class A felonies involv-
ing murder
‘‘An indictment for any offense punishable by death
or an indictment or information for a class A felony involv-
ing murder (as defined in section 1111 of this title or as
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defined under applicable state law in the case of an offense
under section 1963(a) of this title involving racketeering
activity described in section 1961(1) of this title) may be
found at any time without limitation.’’.
(b) The amendment made by subsection (a) shall
apply to any offense for which the applicable statute of
limitations had not run as of the date of enactment of
such subsection.
(c) Chapter 213 of title 18, United States Code, is
amended by adding at the end the following new section:
‘‘§ 3295. Class A violent and drug trafficking offenses
‘‘Except as provided in section 3281, no person shall
be prosecuted, tried, or punished for a class A felony that
is a crime of violence or a drug trafficking crime (as de-
fined in section 924(c) of this title) unless the indictment
is returned or the information is filed within 10 years after
the commission of the offense.’’.
(d) The amendment made by subsection (c) shall
apply to any offense for which the applicable statute of
limitations had not run as of the date of enactment of
such subsection.
(e) The table of sections for chapter 213 of title 18,
United States Code, is amended by (1) in the item relating
to section 3281, inserting ‘‘and class A felonies involving
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murder’’ before the period, and (2) adding at the end the
following:
‘‘3295. Class A violent and drug trafficking offenses.’’.
SEC. 2116. FORFEITURE FOR CRIMES OF VIOLENCE, RACK-
ETEERING AND OBSTRUCTION OF JUSTICE.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding the follow-
ing subparagraph:
‘‘(H) Any proceeds of a crime of violence
(as defined in Section 16), an offense under
chapter 95 (racketeering), or any offense under
chapter 73 (obstruction of justice), or a con-
spiracy to commit such offense, any property
used to facilitate such offense, and any property
traceable to such property.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting the fol-
lowing new paragraph:
‘‘(9) The court, in imposing a sentence on a person
convicted of a crime of violence (as defined in section 16),
an offense under chapter 95 (racketeering), or any offense
under chapter 73 (obstruction of justice), or a conspiracy
to commit such offense, shall order the person to forfeit
to the United States any proceeds derived from such of-
fense, any property used or intended to be used to commit
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such offense, and any property traceable to such prop-
erty.’’.
PART 2—TARGETING SERIOUS GUN CRIMES AND
PROTECTING CHILDREN FROM GUN VIOLENCE
SEC. 2121. GUN BAN FOR DANGEROUS JUVENILE OFFEND-
ERS.
(a) DEFINITION.—Section 921(a)(20) of title 18,
United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(20)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii);
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) For purposes of section 922(d), (g),
and (s) of this chapter, the term ‘act of juvenile
delinquency’ means an adjudication of delin-
quency based on a finding of the commission of
an act by a person prior to his or her eight-
eenth birthday that, if committed by an adult,
would be a serious drug offense or violent fel-
ony (as defined in section 3559(c)(2) of this
title), on or after the date of enactment of this
paragraph.’’; and
(4) by striking ‘‘What constitutes’’ through the
end and inserting the following: ‘‘What constitutes a
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conviction of such a crime or an adjudication of ju-
venile delinquency shall be determined in accordance
with law of the jurisdiction in which the proceedings
were held. Any State conviction or adjudication of
delinquency which has been expunged or set aside
for which a person has been pardoned or has had
civil rights restored by the jurisdiction in which the
conviction or adjudication of delinquency occurred
shall nevertheless be considered a conviction or adju-
dication of delinquency unless (i) the expunction,
set-aside, pardon or restoration of civil rights is di-
rected to a specific person, (ii) the State authority
granting the expunction, set aside, pardon or res-
toration of civil rights has expressly determined that
the circumstances regarding the conviction and the
person’s record and reputation are such that the
person will not act in a manner dangerous to public
safety, and (iii) the expunction, set aside, pardon, or
restoration of civil rights expressly authorizes the
person to ship, transport, receive, or possess fire-
arms. The requirement of this subparagraph for an
individualized restoration of rights shall apply
whether or not, under State law, the person’s civil
rights were taken away by virtue of the conviction
or adjudication.’’.
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(b) PROHIBITION.—Section 922 of title 18, United
States Code is amended—
(1) in subsection (d)—
(A) by striking ‘‘or’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (9) the
following:
‘‘(10) who has committed an act of juvenile de-
linquency.’’;
(2) in subsection (g)—
(A) by striking ‘‘or’’ at the end of para-
graph (8) ;
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; or’’, and
(C) by inserting after paragraph (9) the
following:
‘‘(10) who has committed an act of juvenile de-
linquency.’’; and
(3) in subsection (s)(3)(B)—
(A) by striking ‘‘and’’ at the end of clause
(vi);
(B) by inserting ‘‘and’’ after the semicolon
at the end of clause (vii); and
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(C) by inserting after clause (vii) the fol-
lowing:
‘‘(viii) has not committed an act of ju-
venile delinquency.’’.
SEC. 2122. LOCKING DEVICES FOR FIREARMS.
(a) DEFINITION.—Section 921(a), title 18, United
States Code, is amended by adding at the end the follow-
ing:
(33) The term ‘‘locking device’’ means:
‘‘(A) a device that when installed on a fire-
arm and secured by means of a key or mechani-
cally, electronically, or electro-mechanically op-
erated combination lock prevents the firearm
from being discharged without first deactivating
or removing the device by means of a key or
mechanically, electronically, or electron-me-
chanically operated combination lock; or
‘‘(B) a mechanical, electrical, or electro-
mechanical locking mechanism incorporated
into the design of the firearm that prevents dis-
charge of the weapon by anyone not having ac-
cess to the key or other device designed to
unlock and allow discharge of the firearm.’’.
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(b) SALE OF LOCKING DEVICES BY FEDERAL FIRE-
ARMS LICENSEES.—Section 922, title 18, United States
Code, is amended by adding at the end the following:
‘‘(y) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell or deliver
any firearm to any person (other than a licensed importer,
licensed manufacturer, or licensed dealer) unless the
transferee is provided with a locking device that prevents
the firearm from discharging.’’.
(c) PENALTIES.—Section 924 is amended—
(1) in subsection (a)(1) by striking ‘‘or (f)’’ and
inserting ‘‘(f), or (o)’’; and
(2) by adding at the end a new subsection (o)
to read as follows:
‘‘(o) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this chapter or may subject the licensee to a civil penalty
of not more than $10,000 if the holder of such license
has knowingly violated section 922(y). The Secretary’s ac-
tions under this subsection may be reviewed only as pro-
vided in section 923(f).
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective 180 days after the date of
enactment.
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SEC. 2123. ENHANCED PENALTIES FOR DISCHARGING OR
POSSESSING A FIREARM DURING A CRIME OF
VIOLENCE OR DRUG TRAFFICKING CRIME.
(a) Sections 924(c)(1) and 929(a)(1) of title 18,
United States Code, are each amended by striking ‘‘uses
or carries a firearm’’ and inserting ‘‘possesses a firearm.’’
(b) Section 924(c)(1) of title 18, United States Code,
is further amended by inserting ‘‘or if the firearm is dis-
charged or is used to cause serious bodily injury (as de-
fined in section 1365 of this title),’’ before ‘‘to imprison-
ment for ten years’’.
SEC. 2124. JUVENILE HANDGUN POSSESSION.
Section 924(a)(6) of title 18, United States Code, is
amended—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A) A juvenile who violates section 922(x)
shall be fined under this title, imprisoned not
more than one year, or both, and for a second
or subsequent violation, or for a first violation
committed after an adjudication of delinquency
for an act that, if committed by an adult, would
be a serious violent felony (as defined in section
3559(c) of this title), shall be fined under this
title, imprisoned not more than five years, or
both.’’;
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(2) in clause (i) of subparagraph (B), by strik-
ing ‘‘one year’’ and inserting ‘‘five years’’; and
(3) in clause (ii) of subparagraph (B), by strik-
ing ‘‘not more than 10 years’’ and inserting ‘‘not
less than 3 nor more than 10 years’’.
SEC. 2125. INCREASED PENALTY FOR FIREARMS CON-
SPIRACY.
Section 924 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(o) Except as otherwise provided in this section, a
person who conspires to commit an offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense
the commission of which is the object of the conspiracy.’’.
PART 3—TARGETING ILLICIT GUN MARKETS
SEC. 2131. CERTAIN GANG-RELATED FIREARMS OFFENSES
AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended by inserting after ‘‘891–894 (relating to extor-
tionate credit transactions),’’ the following: ‘‘section
924(a) insofar as such offense is a violation of section 922
(a)(1), (a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1), or
section 924 (b), (g), (h), (k), (l), or (m) (relating to fire-
arms violations),’’.
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SEC. 2132. FELONY TREATMENT FOR OFFENSES TANTA-
MOUNT TO AIDING AND ABETTING UNLAW-
FUL PURCHASES.
Section 924(a)(3) of title 18, United States Code, is
amended by striking the period and inserting ‘‘; but if the
violation is in relation to an offense (i) under subsection
(b)(1) or (b)(3) of section 922, shall be fined under this
title, imprisoned not more than five years, or both, or (ii)
under subsection (a)(6) or (d) of section 922, shall be
fined under this title, imprisoned not more than ten years,
or both.’’.
SEC. 2133. SECURE STORAGE OF FIREARMS INVENTORIES.
(a) STORAGE
REQUIREMENTS.—Section 923 is
amended by adding at the end the following:
‘‘(m) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer (other than a
dealer as defined in section 921(a)(11)(B)) to store any
firearms in their business inventory in a manner not in
conformity with regulations issued by the Secretary. In is-
suing such regulations, the Secretary shall take into con-
sideration the type and quantity of the firearms to be
stored, as well as the standards of safety and security rec-
ognized in the firearms industry.’’.
(b) PENALTIES.—Section 924 is amended——
(1) in subsection (a)(1) by striking ‘‘or (f)’’ and
inserting ‘‘(f), or (o)’’; and
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(2) by adding at the end a new subsection (o)
to read as follows:
‘‘(o) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this chapter or may subject the licensee to a civil penalty
of not more than $10,000 if the holder of such license
has knowingly violated section 923(m). The Secretary’s
actions under this subsection may be reviewed only as pro-
vided in section 923(f).’’
(c) 
CONDITION
OF
LICENSING.—Section
923(d)(1)(F) is amended:
(1) in subclause (II) by striking ‘‘and’’ the sec-
ond time it appears;
(2) in clause (iii) by striking ‘‘license.’’ and in-
serting ‘‘license; and’’; and
(3) by adding at the end a new clause (iv) to
read as follows:
‘‘(iv) within 30 days after the applica-
tion is approved the firearms inventory of
the business will be stored in compliance
with section 923(m) and regulations issued
thereunder.
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective 180 days after the date of
enactment.
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SEC. 2134. SUSPENSION OF FEDERAL FIREARMS LICENSES
AND CIVIL PENALTIES FOR WILLFUL VIOLA-
TIONS OF THE GUN CONTROL ACT.
Sections 923 (e) and (f) of title 18, United States
Code, are amended to read as follows:
‘‘(e) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this section, or may subject the licensee to a civil penalty
of not more than $10,000 per violation, if the holder of
such license has willfully violated any provision of this
chapter or any rule or regulation prescribed by the Sec-
retary under this chapter. The Secretary may, after notice
and opportunity for hearing, suspend or revoke the license
of, or assess a civil penalty of not more than $10,000 on,
a dealer who willfully transfers armor piercing ammuni-
tion. The Secretary may at any time compromise, miti-
gate, or remit the liability with respect to any willful viola-
tion of this chapter or any rule or regulation prescribed
by the Secretary under this chapter. The Secretary’s ac-
tions under this subsection may be reviewed only as pro-
vided in subsection (f) of this section.
‘‘(f)(1) Any person whose application for a license is
denied and any holder of a license which is suspended or
revoked or who is assessed a civil penalty shall receive a
written notice from the Secretary stating specifically the
grounds upon which the application was denied or upon
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which the license was suspended or revoked or the civil
penalty assessed. Any notice of a suspension or revocation
of a license shall be given to the holder of such license
before the effective date of the suspension or revocation.
‘‘(2) If the Secretary denies an application for a li-
cense, or suspends or revokes a license, or assesses a civil
penalty, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial, suspension,
revocation, or assessment. In the case of a suspension or
revocation of a license, the Secretary shall, upon the re-
quest of the holder of the license, stay the effective date
of the suspension or revocation. A hearing under this
paragraph shall be held at a location convenient to the
aggrieved party.
‘‘(3) If after a hearing held under paragraph (2) the
Secretary decides not to reverse his decision to deny an
application or suspend or revoke a license or assess a civil
penalty, the Secretary shall give notice of his decision to
the aggrieved party. The aggrieved party may at any time
within sixty days after the date notice was given under
this paragraph file a petition with the United States dis-
trict court for the district in which he resides or has his
principal place of business for a de novo judicial review
of such denial, suspension, revocation, or assessment. In
a proceeding conducted under this subsection, the court
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may consider any evidence submitted by the parties to the
proceeding whether or not such evidence was considered
at the hearing held under paragraph (2). If the court de-
cides that the Secretary was not authorized to deny the
application or to suspend or revoke the license or to assess
the civil penalty, the court shall order the Secretary to
take such action as may be necessary to comply with the
judgment of the court.’’.
SEC. 2135. TRANSFER OF FIREARM TO COMMIT A CRIME OF
VIOLENCE.
Section 924(h) of title 18, United States Code, is
amended by inserting ‘‘or having reasonable cause to be-
lieve’’ after ‘‘knowing’’.
SEC. 2136. INCREASED PENALTY FOR KNOWINGLY RECEIV-
ING FIREARM WITH OBLITERATED SERIAL
NUMBER.
Section 924(a) of title 18, United States Code, is
amended—
(1) in subparagraph (a)(1)(B) by striking
‘‘(k),’’; and
(2) in paragraph (2) by inserting ‘‘(k),’’ after
‘‘(j),’’.
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SEC. 2137. AMENDMENT OF THE SENTENCING GUIDELINES
FOR TRANSFERS OF FIREARMS TO PROHIB-
ITED PERSONS.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
to increase the base offense level for offenses subject to
section 2K2.1 (Unlawful Receipt, Possession, or Transpor-
tation of Firearms or Ammunition; Prohibited Trans-
actions Involving Firearms or Ammunitions) to assume
that a person who transferred a firearm or ammunition
and who knew or had reasonable cause to believe that the
transferee was a prohibited person is subject to the same
base offense level as the transferee. This provision shall
not require the same offense level for the transferor and
transferee to the extent that the transferee’s base offense
level is subject to an additional increase on the basis of
a past criminal conviction of either a crime of violence or
a controlled substance offense.
SEC. 2138. FORFEITURE OF FIREARMS USED IN CRIMES OF
VIOLENCE AND FELONIES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by inserting after sub-
paragraph (C) the following:
‘‘(D) Any firearm (as defined in section
921(a)(3) of this title) used or intended to be
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used to commit or to facilitate the commission
of any crime of violence (as defined in Section
16 of this title) or any felony under Federal
law.’’
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting after sub-
paragraph (2) the following:
‘‘(3) The court, in imposing a sentence on a
person convicted of any crime of violence (as defined
in section 16 of this title) or any felony under Fed-
eral law, shall order that the person forfeit to the
United States any firearm (as defined in section
921(a)(3) of this title) used or intended to be used
to commit or to facilitate the commission of the of-
fense.’’
(c) DISPOSAL OF FORFEITED PROPERTY.—Section
981(c) of title 18, United States Code, is amended by add-
ing at the end the following sentence: ‘‘Any firearm for-
feited pursuant to subsection (a)(1)(D) or section
982(a)(3) of this title shall be disposed of by the seizing
agency in accordance with law.’’
(d) AUTHORITY TO FORFEIT PROPERTY UNDER SEC-
TION 924(d).—Section 924(d) of title 18, United States
Code, is amended by adding the following new paragraph:
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‘‘(4) Whenever any firearm is subject to forfeit-
ure under this section because it was involved in or
used in a violation of subsection (c), the Secretary
of the Treasury shall have the authority to seize and
forfeit, in accordance with the procedures of the ap-
plicable forfeiture statute, any property otherwise
forfeitable under the laws of the United States that
was involved in or derived from the crime of violence
or drug trafficking crime described in subsection (c)
in which the forfeited firearm was used or carried.’’
(e) 120-DAY RULE FOR ADMINISTRATIVE FORFEIT-
URE.—Section 924(d)(1) of title 18, United States Code,
is amended by adding the following after the last sentence:
‘‘If the Government institutes an administrative forfeiture
action within the 120-day period, and a claim is then filed
that requires that a judicial forfeiture action be filed in
Federal court, the Government must file the judicial ac-
tion within 120 days of the filing of the claim. The time
during which any related criminal indictment or informa-
tion is pending shall not be counted in calculating any
120-day period referred to in this subsection.’’.
SEC. 2139. FORFEITURE FOR GUN TRAFFICKING.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding the follow-
ing subparagraph:
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‘‘(G)(i) Any conveyance used or intended
to be used to commit a gun trafficking offense,
or conspiracy to commit such offense, any pro-
ceeds of such offense or conspiracy, and any
property traceable to such property.
(ii) For the purposes of this section, a gun
trafficking offense is a violation of any of the
following sections of this title involving five or
more firearms: section 922(i) (transporting sto-
len firearms); section 924(g) (travel with a fire-
arm in furtherance of racketeering); section
924(k) (stealing a firearm); and section 924(m)
(interstate travel to promote firearms traffick-
ing).
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting the fol-
lowing new paragraph:
‘‘(6) The court, in imposing a sentence on a
person convicted of a gun trafficking offense, as de-
fined in section 981(a)(1)(G), or a conspiracy to
commit such offense, shall order the person to forfeit
to the United States any conveyance used or in-
tended to be used to commit such offense, and any
property traceable to such conveyance.’’.
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PART 4—TARGETING SERIOUS DRUG CRIMES
AND PROTECTING CHILDREN FROM DRUGS
SEC. 2141. INCREASED PENALTIES FOR USING MINORS TO
DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b) by striking ‘‘one year’’ and
inserting ‘‘three years’’;
(2) in subsection (c) by striking ‘‘one year’’ and
inserting ‘‘five years’’; and
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e) PROBATION PROHIBITED.—In the case of any
sentence imposed under this section, probation shall not
be granted.’’.
SEC. 2142. INCREASED PENALTIES FOR DISTRIBUTING
DRUGS TO MINORS.
Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘three years’’;
(2) in subsection (b) by striking ‘‘one year’’ and
inserting ‘‘five years’’; and
(3) in subsections (a) and (b), by striking
‘‘under twenty-one’’ and inserting ‘‘under eighteen’’.
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SEC. 2143. INCREASED PENALTY FOR DRUG TRAFFICKING
IN OR NEAR A SCHOOL OR OTHER PRO-
TECTED LOCATION.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘three years’’; and
(2) in subsection (b) by striking ‘‘three years’’
each time it appears and inserting ‘‘five years’’.
SEC. 2144. SERIOUS JUVENILE DRUG TRAFFICKING OF-
FENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by inserting ‘‘or’’ at the end of clause (ii);
and (3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
SEC. 2145. ATTORNEY GENERAL AUTHORITY TO RESCHED-
ULE CERTAIN DRUGS POSING IMMINENT
DANGER TO PUBLIC SAFETY.
Section 201(h) of the Controlled Substances Act (21
U.S.C. 811)(h)) is amended—
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(1) in paragraph (1) by striking ‘‘if the sub-
stance is not listed in any other schedule in section
812 of this title or’’ and by inserting ‘‘or the re-
scheduling of a previously scheduled substance’’
after ‘‘the scheduling of a substance’’; and
(2) in paragraph (2) by inserting ‘‘or reschedul-
ing’’ after ‘‘scheduling’’ each time it appears.
SEC. 2146. INCREASED PENALTIES FOR USING FEDERAL
PROPERTY 
TO 
GROW 
OR 
MANUFACTURE
CONTROLLED SUBSTANCES.
(a) Section 401(b)(5) of the Controlled Substances
Act (21 U.S.C. 841(b)(5)) is amended to read as follows:
‘‘(5) Any person who violates subsection (a) of
this section by cultivating or manufacturing a con-
trolled substance on any property in whole or in part
owned by or leased to the United States or any de-
partment or agency thereof shall be subject to twice
the maximum punishment otherwise authorized for
the offense.’’
(b) The United States Sentencing Commission shall
amend the sentencing guidelines pursuant to 28 U.S.C.
994 to insure that violations of section 401(b)(5) of the
Controlled Substances Act are punished substantially
more severely than if the violation had not occurred on
federal property.
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SEC. 2147. CLARIFICATION OF LENGTH OF SUPERVISED RE-
LEASE TERMS IN CONTROLLED SUBSTANCE
CASES.
Sections 401(b)(1) (A), (B), (C), and (D) of the Con-
trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),
and (D)) are each amended by striking ‘‘Any sentence’’
and inserting ‘‘Notwithstanding section 3583 of title 18,
any sentence’’.
SEC. 2148. TECHNICAL CORRECTION TO ENSURE COMPLI-
ANCE OF SENTENCING GUIDELINES WITH
PROVISIONS OF ALL FEDERAL STATUTES.
Section 994(a) of title 18, United States Code, is
amended by striking ‘‘consistent with all pertinent provi-
sions of this title and title 18, United States Code,’’ and
inserting ‘‘consistent with all pertinent provisions of any
Federal statute’’.
SEC. 2149. DRUG TESTING, TREATMENT, AND SUPERVISION
OF INCARCERATED OFFENDERS.
Section 20105(b) of the Violent Crime Control and
Law Enforcement Act of 1994 is stricken in its entirety
and replaced with the following:
‘‘(b) ADDITIONAL REQUIREMENTS—
‘‘(1) To be eligible to receive a grant under sec-
tion 20103 or section 20104, a State shall—
‘‘(A) provide assurances to the Attorney
General that the State has implemented or will
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implement not later than 18 months after the
date of the enactment of this subtitle, policies
that provide for the recognition of the rights of
crime victims; and
‘‘(B) no later than September 1, 1998,
have a program of controlled substance testing
and intervention for appropriate categories of
convicted offenders during periods of incarcer-
ation and criminal justice supervision, with
sanctions including denial or revocation of re-
lease for positive controlled substance tests,
consistent with guidelines issued by the Attor-
ney General.
‘‘(2) Notwithstanding any other provision of
this subtitle, funds provided under sections 20103
and 20104 may be applied to the cost of offender
controlled substance testing and intervention pro-
grams during periods of incarceration and criminal
justice supervision, consistent with guidelines issued
by the Attorney General.’’.
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Subtitle B—Grants to Prosecutors’ Offices to
Target Gang Crime and Violent Juveniles
SEC. 2201. AUTHORITY TO MAKE GRANTS TO PROSECU-
TORS’ OFFICES TO COMBAT GANG CRIME
AND YOUTH VIOLENCE.
Section 31702 of subtitle Q of title III of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13862) is amended by adding after paragraph (4),
the following new paragraphs—
‘‘(5) to allow the hiring of additional prosecu-
tors, so that more cases can be prosecuted and back-
logs reduced;
‘‘(6) to provide funding to enable prosecutors to
address drug, gang, and youth violence problems
more effectively;
‘‘(7) to provide funding to assist prosecutors
with funding for technology, equipment, and training
to assist prosecutors in reducing the incidence of,
and increase the successful identification and speed
of prosecution of young violent offenders; and
‘‘(8) to provide funding to assist prosecutors in
their efforts to engage in community prosecution,
problem solving, and conflict resolution techniques
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through collaborative efforts with police, school offi-
cials, probation officers, social service agencies, and
community organizations.’’.
SEC. 2202. RECIPIENTS.
Subtitle Q of title III of the Violent Crime and Con-
trol and Law Enforcement Act of 1994 (42 U.S.C. 31701)
is amended by striking in section 31701, paragraph (a)
the words ‘‘or local prosecutors’’ and inserting in their
place the words ‘‘local prosecutors, or combination there-
of,’’.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.
Subtitle Q of title II of the Violent Crime and Control
and Law Enforcement Act of 1994 (42 U.S.C. 31701) is
amended by striking current section 31707 in its entirety
and adding the following new section:
‘‘§ 31709. Authorization of appropriations
There are authorized to be appropriated to carry out
this subtitle, and to remain available until expended—
‘‘(1) $100,000,000 for fiscal year 1998;
‘‘(2) $100,000,000 for fiscal year 1999; and
‘‘(3) such sums as may be necessary for each
of the fiscal years 2000 and 2001.’’.
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SEC. 2204. TRAINING, TECHNICAL ASSISTANCE, RESEARCH,
STATISTICS, AND EVALUATION.
Subtitle Q of title III of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 31701) is
amended by—
(1) inserting after section 31706, the following
new sections:
‘‘§ 31707. Training and technical assistance
‘‘Two percent of all funds appropriated for this sub-
title shall be set aside for training and technical assistance
consistent with this subtitle, including providing funds to
training and technical assistance providers to assist orga-
nizations listed in section 31701(a) of this subtitle imple-
ment programs authorized under section 31702 of this
subtitle.
‘‘§ 31708. Research, statistics, and evaluation
‘‘Ten percent of all funds appropriated for this sub-
title shall be set aside for research, statistics, and evalua-
tion activities consistent with this subtitle.’’; and
(2) Redesignating section 31708 as section
31710.
Subtitle C—Youth Violence Courts
SEC. 2301. CREATION OF YOUTH VIOLENCE COURTS.
Section 210602 of subtitle F of title XXI of the ‘‘Vio-
lent Crime Control and Law Enforcement Act of 1994’’
(42 U.S.C. 14161) is amended—
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(1) by redesignating subsections (a), (b), (c),
and (d) as paragraphs (1), (2), (3), and (4) respec-
tively;
(2) by redesignating paragraphs (1), (2), (3),
(4), and (5) as subparagraphs (A), (B), (C), (D),
and (E) respectively; and
(3) by inserting before newly designated para-
graph (1), the following—
‘‘(a) STATE AND LOCAL COURT ASSISTANCE—’’; and
(4) by adding after newly designated subsection
(a), the following new subsection:
‘‘(b) YOUTH VIOLENCE COURTS.—
‘‘(1) AUTHORITY TO MAKE GRANTS AND ENTER
INTO CONTRACTS.—
‘‘(A) The Attorney General is authorized
to award grants and enter into cooperative
agreements and contracts with States, State
courts, local courts, units of local government,
Indian tribes, and tribal courts to plan, develop,
implement, and administer programs to adju-
dicate and better manage juvenile and youthful
violent offenders within State, tribal, and local
court systems.
‘‘(B) Initiatives funded under this para-
graph may include—
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‘‘(i) the establishment of court based
juvenile justice programs that target young
firearms offenders through the establish-
ment of juvenile gun courts for the adju-
dication and prosecution of juvenile fire-
arms offenders;
‘‘(ii) the establishment of drug court
programs for juveniles so as to provide
continuing judicial supervision over juve-
nile offenders with substance abuse prob-
lems and to provide the integrated admin-
istration of other sanctions and services as
enumerated under the provisions of 42
United States Code 3796ii(2);
‘‘(iii) the establishment of courts of
specialized or joint jurisdiction as deemed
appropriate by a jurisdiction’s chief judi-
cial officer; and
‘‘(iv) the establishment of programs
aimed at the enhanced and improved adju-
dication of juvenile offenders, including in-
novative programs involving the courts,
prosecutors, public defenders, probation of-
fices, and corrections agencies.
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‘‘(2) APPLICATION.—The Attorney General
shall establish guidelines governing the administra-
tion of this program. Such guidelines shall include
the manner and content of applications for funding
under this program, as well as procedures and meth-
ods for the distribution of funds distributed under
this program.
‘‘(3) FEDERAL SHARE.—The Federal share of
any individual grant made under this program may
not exceed 75 percent. Further, in-kind contribu-
tions, pursuant to the discretion of the Attorney
General may constitute a portion, or all, of the non-
Federal share of a grant made under this program.
With regard to grants to Indian tribes, the Attorney
General may allow other Federal funds to constitute
all or a portion of the non-Federal share.
‘‘(4) GEOGRAPHIC DISTRIBUTION.—The Attor-
ney General shall ensure that, to the extent reason-
able and practicable, an equitable geographic dis-
tribution of grant awards is made.
‘‘(5) TRAINING AND TECHNICAL ASSISTANCE.—
Two percent of all funds appropriated for this part
shall be set aside for use by the Attorney General
for training and technical assistance consistent with
this program.
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‘‘(6) RESEARCH, STATISTICS, AND
EVALUA-
TION.—Ten percent of all funds appropriated for
this part shall be set aside for use by the Attorney
General for research, statistics, and evaluation ac-
tivities consistent with this program.
‘‘(7) REPORT.—Recipients of Federal funds
under this program shall submit to the Attorney
General reports as may be reasonably required to
describe progress achieved in carrying programs
funded under this program.
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this program to remain available until expended
$50,000,000 for fiscal year 1998 and such sums as
may be necessary for each of the fiscal years 1999,
2000, and 2001.’’.
TITLE III—PROTECTING WITNESSES TO
HELP PROSECUTE GANGS AND OTHER
VIOLENT CRIMINALS
SEC. 3001. INTERSTATE TRAVEL TO ENGAGE IN WITNESS
INTIMIDATION OR OBSTRUCTION OF JUS-
TICE.
Section 1952 of title 18, United States Code, is
amended—
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(1) by redesignating subsections (b) and (c) as
(c) and (d), respectively; and
(2) by adding a new subsection (b), as follows:
‘‘(b) Whoever travels in interstate or foreign com-
merce with intent by bribery, force, intimidation, or
threat, directed against any person, to delay or influence
the testimony of or prevent from testifying a witness in
a State criminal proceeding or by any such means to cause
any person to destroy, alter, or conceal a record, docu-
ment, or other object, with intent to impair the object’s
integrity or availability for use in such a proceeding, and
thereafter engages or endeavors to engage in such con-
duct, shall be fined under this title or imprisoned not more
than ten years, or both; and if serious bodily injury (as
defined in section 1365 of this title) results, shall be so
fined or imprisoned for not more than twenty years, or
both; and if death results, shall be so fined and imprisoned
for any term of years or for life, or both, and may be sen-
tenced to death.’’.
SEC. 3002. EXPANDING PRETRIAL DETENTION ELIGIBILITY
FOR SERIOUS GANG AND OTHER VIOLENT
CRIMINALS.
(a) Section 3142(f)(1)(D) of title 18, United States
Code, is amended by inserting after the semicolon ‘‘for
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purposes of this subparagraph, the term ‘convicted’ in-
cludes a finding, under State or Federal law, that a person
has committed an act of juvenile delinquency;’’.
(b) Section 3156(a)(4) of title 18, United States
Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (C) the fol-
lowing:
‘‘(D) an offense that is a violation of sec-
tion 842(i) or 922(g) of this title (relating to
possession of explosives or firearms by convicted
felons and other categories of prohibited per-
sons).’’.
(c) Section 3142(g)(3)(B) of title 18, United States
Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘the person’’; and
(2) by inserting the following before the semi-
colon: ‘‘, or (ii) was a member of or participated in
a criminal street gang, racketeering enterprise, or
other criminal organization’’.
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SEC. 3003. CONSPIRACY PENALTY FOR OBSTRUCTION OF
JUSTICE 
OFFENSES 
INVOLVING 
VICTIMS,
WITNESSES, AND INFORMANTS.
Section 1512 of title 18, United States Code, is
amended by adding at the end a new subsection, as fol-
lows:
‘‘(i) Whoever conspires to commit any offense defined
in this section or section 1513 of this title shall be subject
to the same penalties as those prescribed for the offense
the commission of which was the object of the conspir-
acy.’’.
TITLE IV—PROTECTING VICTIMS’ RIGHTS
SEC. 4001. ACCESS OF VICTIMS AND PUBLIC TO RECORDS
OF 
CRIMES 
COMMITTED 
BY 
JUVENILE
DELINQUENTS.
Section 5038 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘Throughout
and upon’’ and all that follows through the colon
and inserting the following: ‘‘Throughout and upon
completion of the juvenile delinquency proceeding
pursuant to 5032(a), the court records of the origi-
nal proceeding shall be safeguarded from disclosure
to unauthorized persons. The records shall be re-
leased to the extent necessary to meet the following
circumstances:’’;
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(2) in subsection (a)(3), by inserting before the
semicolon ‘‘or analysis requested by the Attorney
General’’;
(3) in subsection (a), so that paragraph (6)
reads as follows:
‘‘(6) communications with any victim of such
juvenile delinquency, or in appropriate cases with
the official representative of the victim, in order to
apprise such victim or representative of the status or
disposition of the proceeding or in order to effec-
tuate any other provision of law or to assist in a vic-
tim’s, or the victim’s official representative’s, allocu-
tion at disposition.’’;
(4) in subsection (c), inserting before the
comma and after ‘‘relating to the proceeding’’ the
phrase ‘‘other than necessary docketing data’’; and
(5) by striking subsections (d) and (f), by re-
designating subsection (e) as subsection (d), by in-
serting ‘‘pursuant to section 5032 (b) or (c)’’ after
‘‘adult’’ in subsection (d) as so redesignated, and by
adding at the end new subsections (e) and (f) as fol-
lows:
‘‘(e) Whenever a juvenile has been adjudicated delin-
quent for an act that if committed by an adult would be
a felony or for a violation of section 924(a)(6), the juvenile
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SEC. 4002. VICTIMS OF CHILD ABUSE ACT EXTENSION OF
AUTHORIZATIONS.
Section 13004 of title 42, United States Code, is
amended by striking the words ‘‘1994, 1995, and 1996.’’
each time they appear and replacing them with the words
‘‘1998, 1999, 2000, and 2001.’’.
TITLE V—FEDERAL PROSECUTION OF SE-
RIOUS AND VIOLENT JUVENILE OF-
FENDERS
SEC. 5001. SHORT TITLE.
This title may be cited as the ‘‘Enhanced Prosecution
of Dangerous Juvenile Offenders Act of 1997’’.
SEC. 5002. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
(a) Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency may be surrendered to State authorities or pro-
ceeded against as a juvenile under this subsection, or tried
as an adult in the circumstances described in subsections
(b) and (c).
‘‘(2) Such juvenile may be proceeded against as a ju-
venile in a court of the United States under this subsection
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for offenses committed within the special maritime and
territorial jurisdiction of the United States for which the
maximum authorized term of imprisonment does not ex-
ceed six months, or if the Attorney General after investiga-
tion certifies to the appropriate United States district
court that—
‘‘(A)(i) the juvenile court or other appropriate
court of a State does not have jurisdiction or de-
clines to assume jurisdiction over the juvenile with
respect to such act of alleged juvenile delinquency,
or
‘‘(ii) the offense charged is described in sub-
sections (b)(2), (b)(3), or (e), and
‘‘(B) there is a substantial Federal interest in
the case or the offense to warrant the exercise of
Federal jurisdiction.
‘‘(3) If, where required, the Attorney General does
not so certify, such juvenile shall be surrendered to the
appropriate legal authorities of such State.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is not surrendered to the authori-
ties of a state pursuant to this section, any proceedings
against the juvenile shall be in an appropriate district
court of the United States. For such purposes, the court
may be convened at any time and place within the district,
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and shall be open to the public, except that the court may
exclude all or some members of the public from the pro-
ceedings if required by the interests of justice or if other
good cause is shown. Even if all or some of the members
of the public are excluded from the proceedings, the pro-
ceedings shall be open to victims of the alleged offense
and their relatives and legal guardians unless required by
the interests of justice or otherwise good cause is shown.
The Attorney General shall proceed by information or as
authorized by section 3401(g) of this title, and no criminal
prosecution shall be instituted except as provided in this
chapter.
‘‘(b) A juvenile may be prosecuted as an adult—
‘‘(1) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(2) if the juvenile is alleged to have committed
an act on or after the day the juvenile attains the
age of 16 years which if committed by an adult
would be a serious violent felony or a serious drug
offense as described in section 3559(c)(2) and (c)(3)
or a conspiracy or attempt under section 406 of the
Controlled Substances Act or under section 1013 of
the Controlled Substances Import and Export Act
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(21 U.S.C. 846 or 963) to commit an offense de-
scribed in section 3559(c)(2);
‘‘(3) if the juvenile is alleged to have committed
an act, which is not described in paragraph (b)(2),
on or after the day the juvenile attains the age of
16 years and which if committed by an adult would
be—
‘‘(A) a crime of violence (as defined in sec-
tion 3156(a)(4)) that is a felony;
‘‘(B) an offense described in section 844
(d), (k), or (l), or paragraph (a)(6) or sub-
section (b), (g), (h), (j), (k), or (l), of section
924;
‘‘(C) a violation of section 922(o) that is
an offense under section 924(a)(2);
‘‘(D) a violation of section 5861 of the In-
ternal Revenue Code of 1986 that is an offense
under section 5871 of such Code (26 U.S.C.
5871);
‘‘(E) a conspiracy to commit an offense de-
scribed in any of subparagraphs (A) through
(D); or
‘‘(F) an offense described in section 401 or
408 of the Controlled Substances Act (21
U.S.C. 841, 848) or a conspiracy or attempt to
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commit that offense which is punishable under
section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable
under section 409 or 419 of the Controlled Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952, 953, 955, or 959),
or a conspiracy or attempt to commit that of-
fense which is punishable under section 1013
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 963).
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act on or
after the day on which the juvenile has attained the age
of 13 years but before the juvenile has attained the age
of 16 years, which if committed by an adult would be an
offense described in paragraphs (b)(2) and (b)(3), upon
approval of the Attorney General or the Attorney Gen-
eral’s designee.
‘‘(2) Any such designee shall be at a level not lower
than a Deputy Assistant Attorney General.
‘‘(3) Such approval shall not be granted, with respect
to such a juvenile who is subject to the criminal jurisdic-
tion of an Indian tribal government and who is alleged
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to have committed an act over which, if committed by an
adult, there would be Federal jurisdiction based solely on
its commission in Indian country (as defined in section
1151), unless the governing body of the tribe having juris-
diction over the place in which the alleged act was commit-
ted has before such act notified the Attorney General in
writing of its election that prosecution may take place
under this subsection.
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under
paragraph (b) or (c) shall not be reviewable in any court
except as described in subsection (f).
‘‘(e) In a prosecution under subsection (b) or (c) the
juvenile may be prosecuted and convicted as an adult for
any other offense which is properly joined under the Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.
‘‘(f)(1) In any prosecution of a juvenile under para-
graph (b)(3) or (c)(1), upon motion of the defendant, the
court in which criminal charges have been filed shall after
a hearing determine whether to issue an order that the
defendant should be transferred to juvenile status and pro-
ceeded against under paragraph (a)(2).
‘‘(2) A motion by a defendant under paragraph (f)(1)
shall not be considered unless filed not later than 20 days
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after the date on which the defendant initially appears
through counsel or expressly waives the right to counsel
and elects to proceed pro se.
‘‘(3) The court shall not order the transfer of a de-
fendant to juvenile status under this paragraph unless the
defendant establishes by clear and convincing evidence or
information that removal to juvenile status would be in
the interest of justice. In making a determination under
paragraph (1), the court shall consider—
‘‘(A) the nature of the alleged offense, including
the extent to which the juvenile played a leadership
role in an organization, or otherwise influenced other
persons to take part in criminal activities, involving
the use or distribution of controlled substances or
firearms;
‘‘(B) whether prosecution of the juvenile as an
adult is necessary to protect public safety;
‘‘(C) the age and social background of the juve-
nile;
‘‘(D) the extent and nature of the prior delin-
quency record of the juvenile;
‘‘(E) the intellectual development and psycho-
logical maturity of the juvenile;
‘‘(F) the nature of any treatment efforts and
the response of the juvenile to those efforts; and
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‘‘(G) the availability of programs designed to
treat the behavioral problems of the juvenile.
‘‘(4) An order of the court made in ruling on a motion
by a defendant to transfer a defendant to juvenile status
under this paragraph shall not be a final order for the
purpose of enabling an appeal, except that an appeal by
the United States shall lie to a court of appeals pursuant
to section 3731 of this title from an order of a district
court removing a defendant to juvenile status. Upon re-
ceipt of a notice of appeal of an order under this para-
graph, a court of appeals shall hear and determine the
appeal on an expedited basis.
‘‘(5) No statement made by a defendant during or
in connection with a hearing under this subsection shall
be admissible against the defendant in any criminal pros-
ecution, except for impeachment purposes or in a prosecu-
tion for perjury or giving a false statement.
‘‘(6) The rules concerning the receipt and admissibil-
ity of evidence shall be the same as prescribed in sub-
section 3142(f) of this title.’’.
(b) CONFORMING AMENDMENT TO ADULT SENTENC-
ING SECTION.—Section 3553 of title 18, United States
Code, is amended by adding at the end the following:
‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN CERTAIN PROSECUTIONS
OF PERSONS
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UNDER THE AGE OF 16.—Notwithstanding any other pro-
vision of law, in the case of a juvenile alleged to have com-
mitted an act on or after the day on which the juvenile
has attained the age of 13 years but before the juvenile
has attained the age of 16 years, which if committed by
an adult would be an offense described in paragraph
5032(b)(3) or of subsection 5032(e) of this title, the court
shall impose a sentence pursuant to guidelines promul-
gated by the United States Sentencing Commission under
section 994 of title 28 without regard to any statutory
minimum sentence, if the court finds at sentencing, after
the Government has been afforded the opportunity to
make a recommendation, that the juvenile has not been
previously adjudicated delinquent for or convicted of an
offense described in section 5032(b)(2) of this title.’’.
(c) CONFORMING
AMENDMENT
TO
DEFINITIONS
SECTION.—Section 5031 of title 18, United States Code,
is amended by adding at the end the following: ‘‘As used
in this chapter, the term ‘State’ includes a State of the
United States, the District of Columbia, any common-
wealth, territory, or possession of the United States and,
with regard to an act of juvenile delinquency that would
have been a misdemeanor if committed by an adult, a fed-
erally recognized Indian tribe.’’.
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SEC. 5003. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5003. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile’s rights, in language comprehensible to a juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian of such custody, of the rights of the juvenile, and
of the nature of the alleged offense.
‘‘(b) The juvenile shall be taken before a judicial offi-
cer without unreasonable delay.’’.
SEC. 5004. TECHNICAL AND CONFORMING AMENDMENTS
TO SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(1) by striking ‘‘The’’ each place it appears at
the beginning of a paragraph and inserting ‘‘the’’;
(2) by striking ‘‘If’’ at the beginning of the 3rd
paragraph and inserting ‘‘if’’;
(3) by designating the 3 paragraphs as para-
graphs (1), (2), and (3), respectively; and
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(4) by inserting at the beginning of such section
before those paragraphs the following: ‘‘In a pro-
ceeding under section 5032(a)—’’.
SEC. 5005. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘45’’; and
(3) striking ‘‘the court,’’ and all that follows
through the end of the section and inserting ‘‘the
court. The periods of exclusion under section
3161(h) of this title shall apply to this section.’’.
SEC. 5006. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
Section 5037 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a) of this
title, if the court finds a juvenile to be a juvenile delin-
quent, the court shall hold a hearing concerning the appro-
priate disposition of the juvenile no later than forty court
days after the finding of juvenile delinquency, unless the
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court has ordered further study pursuant to subsection
(e). A predisposition report shall be prepared by the pro-
bation officer who shall promptly provide a copy to the
juvenile, the juvenile’s counsel, and the attorney for the
Government. Victim impact information shall be included
in the report, and victims, or in appropriate cases their
official representatives, shall be provided the opportunity
to make a statement to the court in person or present any
information in relation to the disposition. After the
dispositional hearing, and after considering any pertinent
policy statements promulgated by the Sentencing Commis-
sion pursuant to section 994 of title 28, the court shall
enter an order of restitution pursuant to section 3556 of
this title, and place the juvenile on probation, commit the
juvenile to official detention (including the possibility of
a term of supervised release), and impose any fine that
would be authorized if the juvenile had been tried and con-
victed as an adult. With respect to release or detention
pending an appeal or a petition for a writ of certiorari
after disposition, the court shall proceed pursuant to the
provisions of chapter 207.
‘‘(b) The term for which probation may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the maximum term that would be author-
ized by section 3561(c) of this title if the juvenile had been
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tried and convicted as an adult. Sections 3563, 3564, and
3565 of this title are applicable to an order placing a juve-
nile on probation.
‘‘(c) The term for which official detention (other than
supervised release) may be ordered for a juvenile found
to be a juvenile delinquent may not extend beyond the less-
er of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried
and convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twen-
ty-six years old.
Section 3624 of this title is applicable to an order placing
a juvenile in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond five years. Subsections (c) through
(i) of section 3583 of this title apply to an order placing
a juvenile on supervised release.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent,
it may commit the juvenile, after notice and hearing at
which the juvenile is represented by counsel, to the custody
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of the Attorney General for observation and study by an
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a complete
study of the alleged or adjudicated delinquent to ascertain
the juvenile’s personal traits, capabilities, background,
previous delinquency or criminal experience, mental or
physical defect, and any other relevant factors. The Attor-
ney General shall submit to the court the attorneys for
the juvenile and the Government the results of the study
within 30 days after the commitment of the juvenile, un-
less the court grants additional time. Time spent in cus-
tody under this subsection shall be excluded for purposes
of section 5036 of this title. If the juvenile has not been
committed for the study, the probation office shall obtain
the report under sections 3154 and 3672 of this title and
submit the results of the study in like manner and within
the same time period.’’.
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SEC. 5007. TECHNICAL AMENDMENTS OF SECTIONS 5031
AND 5034.
(a) SECTION 5031.—Sections 5031 and 5034 of title
18, United States Code, are each amended by striking
‘‘his’’ each place it appears and inserting ‘‘the juvenile’s’’.
(b) SECTION 5034.—Section 5034 of title 18, United
States Code, is amended by striking ‘‘magistrate’’ each
place it appears and inserting ‘‘judicial officer’’.
TITLE VI—INCARCERATION OF
JUVENILES IN THE FEDERAL SYSTEM
SEC. 6001. DETENTION OF JUVENILES PRIOR TO DISPOSI-
TION OR SENTENCING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a)(1) A juvenile 16 years of age or older prosecuted
pursuant to paragraphs (b)(2) or (b)(3) of section 5032,
if detained at any time prior to sentencing, shall be de-
tained in such suitable place as the Attorney General may
designate. Preference shall be given to a place located
within, or within a reasonable distance of, the district in
which the juvenile is being prosecuted.
‘‘(2) A juvenile less than 16 years of age prosecuted
pursuant to subsections (b) or (c) of section 5032, if de-
tained at any time prior to sentencing, shall be detained
in a suitable juvenile facility located within, or within a
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reasonable distance of, the district in which the juvenile
is being prosecuted. If such a facility is not available, such
a juvenile may be detained in any other suitable facility
located within, or within a reasonable distance of, such
district. If no such facility is available, such a juvenile may
be detained in any other suitable place as the Attorney
General may designate.
‘‘(3) To the maximum extent feasible, a juvenile less
than 16 years of age prosecuted pursuant to subsections
(b) or (c) of section 5032 shall not be detained prior to
sentencing in any facility in which the juvenile has regular
contact with adult persons convicted of a crime or await-
ing trial on criminal charges.
‘‘(b) A juvenile proceeded against under section
5032(a) shall not be detained prior to disposition in any
facility in which the juvenile has regular contact with adult
persons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
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SEC. 6002. RULES GOVERNING THE COMMITMENT OF JUVE-
NILES.
Section 5039 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5039. Commitment
‘‘(a) The Attorney General shall not cause any person
less than 18 years of age adjudicated delinquent under
section 5032(a), or any person less than 16 years of age
convicted of an offense to be placed or retained in an adult
jail or correctional facility in which the person has regular
contact with adults incarcerated because they have been
convicted of a crime or are awaiting trial on criminal
charges, except for placement in a community-based facil-
ity.
‘‘(b) Every juvenile adjudicated delinquent who has
been committed shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, counseling, edu-
cation, training, and medical care including necessary psy-
chiatric, psychological, or other care and treatment.’’.
TITLE VII—OFFICE OF JUVENILE CRIME
CONTROL AND PREVENTION
SEC. 7001. SHORT TITLE.
This title may be cited as the ‘‘Juvenile Crime Con-
trol and Prevention State and Local Assistance Act of
1997’’.
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Subtitle A—Creation of the Office of Juvenile
Crime Control and Prevention
SEC. 7101. ESTABLISHMENT OF OFFICE.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711, et seq.) is amended
by adding after part Y, the following new part:
‘‘PART Z—OFFICE OF JUVENILE CRIME CONTROL
AND PREVENTION
‘‘SEC. 2701. ESTABLISHMENT OF OFFICE.
‘‘(a) OFFICE.—There is established within the Office
of Justice Programs, United States Department of Jus-
tice, an Office of Juvenile Crime Control and Prevention.
‘‘(b) DIRECTOR.—The Office of Juvenile Crime Con-
trol and Prevention will be headed by a Director appointed
by the President, by and with the advice and consent of
the Senate, who shall report to and operate under the gen-
eral supervision and direction of the Assistant Attorney
General for the Office of Justice Programs. The Assistant
Attorney General for the Office of Justice Programs shall
have overall authority for the operation and administra-
tion of the Office of Juvenile Crime Control and Preven-
tion.
‘‘(c) FUNCTIONS.—The Office of Juvenile Crime
Control and Prevention shall establish and administer
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policies, initiatives, and programs to address the reduc-
tion, control, and prosecution of juvenile crime; the juve-
nile justice system; youth violence; and other purposes
consistent with the Anti-Gang and Youth Violence Act of
1997. Actions taken by the Director of the Office of Juve-
nile Crime Control and Prevention to fulfill these functions
shall be exercised with the approval of the Assistant Attor-
ney General for the Office of Justice Programs.
‘‘(d) COORDINATION OF FEDERAL EFFORTS.—The
Attorney General is authorized to establish a body that
shall be known as the Coordinating Council on Juvenile
Crime Control and Prevention. The Coordinating Council
shall be comprised of those members of the Cabinet, or
the heads of component agencies, designated by the Attor-
ney General, whose functions and responsibilities affect
the health, welfare, education, and general well-being of
juveniles and youth, and an equal number of members,
who shall be appointed by the Attorney General with the
approval of the federal members of the Council, who are
practitioners in the field of juvenile justice and who are
not officers or employees of the United States. These prac-
titioner members shall serve pursuant to the relevant pro-
visions of 5 United States Code 5703. The Coordinating
Council shall be responsible for ensuring coordination and
cooperation among those federal agencies who have the
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aforementioned jurisdiction; and the Council will help en-
sure that juvenile crime prevention programs are com-
plementary and not duplicative. The Coordinating Council
shall offer program and policy advice to the President and
agencies within the Executive Branch.
‘‘SEC. 2702. ADMINISTRATION.
‘‘(a) WITHHOLDING GRANT FUNDS.—Whenever the
Director of the Office of Juvenile Crime Control and Pre-
vention, after giving reasonable notice and opportunity for
a hearing to a recipient of financial assistance under title
VII of the Anti-Gang and Youth Violence Act of 1997
(hereinafter, ‘‘Act’’), finds that the program or activity for
which the grant, contract, or agreement involved has been
so changed that it no longer complies with this title or
finds that in the operation of such program or activity
there is failure to substantially comply with the provisions
of this Act, the Director of the Office of Juvenile Crime
and Control and Prevention is authorized to initiate such
actions and proceedings to withhold grant funds as appro-
priate.
‘‘(b) CONFIDENTIALITY OF PROGRAM RECORDS.—
Except as authorized by law, program records containing
the identity of individual juveniles gathered for purposes
pursuant to title VII of the Anti-Gang and Youth Violence
Act of 1997 (hereinafter, ‘‘Act’’) may not be disclosed
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without the consent of the service recipient or legally au-
thorized representative, or as may be necessary to carry
out this Act. Under no circumstances may program re-
ports or findings available for public dissemination contain
the actual names of individual service recipients.
‘‘(c) RESTRICTION ON USE OF FUNDS.—No funds
paid to any public or private agency, institution, or indi-
vidual under title VII of the Anti-Gang and Youth Vio-
lence Act of 1997, either directly or through a State or
local agency, may be used for construction unless—
‘‘(1) the Director of the Office of Juvenile
Crime Control and Prevention determines that such
use is necessary to carry out the purposes of that
Act;
‘‘(2) such funds provide no more than 50 per-
cent of the costs of any given construction project;
and
‘‘(3) construction projects are limited to the
construction of innovative, community-based facili-
ties for 20 or fewer persons.
‘‘SEC. 2703. CONTINUATION OF RULES, AUTHORITIES, AND
PROCEEDINGS.
‘‘(a) CONTINUING STATUS UNTIL OTHERWISE AF-
FECTED.—All orders, determinations, rules, regulations,
policies, and instructions of or pertaining to the Office of
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Juvenile Justice and Delinquency Prevention that are in
effect on the date of enactment of title VII of the Anti-
Gang and Youth Violence Act of 1997 shall continue in
effect according to their terms until modified, terminated,
superseded, set aside, or revoked by the Attorney General,
or the Assistant Attorney General for the Office of Justice
Programs, or the Director of the Office of Juvenile Crime
Control and Prevention, as appropriate with respect to
their functions under this Act or by operation of law. Fur-
ther, unless otherwise specified established in accordance
with section 3301 of this Act, all research, evaluations,
and studies operating under grants, cooperative agree-
ments, or contracts awarded or administered by the Office
of Juvenile Justice and Delinquency Prevention underway
at the date of enactment of title VII of the Anti-Gang and
Youth Violence Act of 1997 shall continue to be adminis-
tered by the Office of Juvenile Crime Control and Preven-
tion until their scheduled expiration. Furthermore, noth-
ing in this subsection shall be taken as in any way negat-
ing the effect of section 3301 of this title.
‘‘(b) OBLIGATIONS BY THE ASSISTANT ATTORNEY
GENERAL FOR THE OFFICE OF JUSTICE PROGRAMS OF
PREVIOUSLY APPROPRIATED, UNUSED OR REVERSION-
ARY FUNDS, OR PRESENTLY APPROPRIATED FUNDS FOR
THE CONTINUATION OF PROJECTS OR PURPOSES OF THIS
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ACT.—The Director of the Office of Juvenile Crime Con-
trol and Prevention under the supervision and direction
of the Assistant Attorney General for the Office of Justice
Programs may award new grants, enter into new contracts
or cooperative agreements, approve comprehensive plans
for the fiscal year beginning October 1, 1997, and other-
wise obligate previously appropriated, unused or reversion-
ary funds, or funds appropriated for the fiscal year begin-
ning October 1, 1997, for the continuation of projects au-
thorized under the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5601 et seq.) in accord-
ance with the provisions of that Act, as in effect on the
day of enactment of the Anti-Gang and Youth Violence
Act of 1997, or for purposes consistent with the provisions
of the Anti-Gang and Youth Violence Act of 1997.
‘‘(c) CARRY OVER OF MANAGEMENT AND ADMINIS-
TRATION FUNDS.—All funds appropriated for the man-
agement and administration expenses of the Office of Ju-
venile Justice and Delinquency Prevention, and remaining
available for use at the time of enactment of title VII of
the Anti-Gang and Youth Violence Act of 1997, shall be
carried over for use until expended for the management
and administration expenses of the Office of Juvenile
Crime Control and Prevention.
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‘‘(d) PENDING SUITS, ACTIONS, OR OTHER PRO-
CEEDINGS UNAFFECTED.—The adoption of title VII of
the Anti-Gang and Youth Violence Act of 1997 shall not
affect any suit, action, or other proceeding commenced by
or against the government of the United States before the
date of enactment of said title.
‘‘(e) APPROPRIATED FUNDS AVAILABLE FOR AUDIT
MATTERS
AND
CONTINUING
PROGRAMS
AND
PROJECTS.—Nothing in the Anti-Gang and Youth Vio-
lence Act of 1997 shall prevent the utilization of funds
appropriated for the purposes of this Act for all activities
necessary or appropriate for the review, audit, investiga-
tion, and judicial or administrative resolution of audit
matters, for those grants or contracts awarded under this
Act. The final disposition and dissemination of programs
and project approved under the Juvenile Justice and De-
linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.)
in accordance within this title, as in effect before the date
of enactment of the Anti-Gang and Youth Violence Act
of 1997, which continue in operation beyond the date of
enactment of this Act, may be carried out with funds ap-
propriated for purposes of this Act.
‘‘(f) TRANSFER OF PERSONNEL PURSUANT TO PER-
FORMANCE OF FUNCTIONS.—Except as otherwise pro-
vided for by the Anti-Gang and Youth Violence Act of
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1997, the personnel employed on the date of enactment
of the Anti-Gang and Youth Violence Act of 1997 by the
Office of Juvenile Justice and Delinquency Prevention are
transferred to the Office of Juvenile Crime Control and
Prevention.
‘‘(g) CONTINUATION
OF
INCUMBENT
ADMINIS-
TRATOR.—Notwithstanding any other provision of law, the
individual serving as Administrator of the Office of Juve-
nile Justice and Delinquency Prevention on the date of
enactment of the Anti-Gang and Youth Violence Act of
1997 shall become the Director of the Office of Juvenile
Crime Control and Prevention.’’.
SEC. 7102. CONFORMING AMENDMENTS.
(a) CONFORMING
AMENDMENT.—Sections 3783,
3784, 3787, 3788, 3789d, and 3789e of title 42, United
States Code, are amended by inserting the words ‘‘Office
of Juvenile Crime Control and Prevention’’ before the
words ‘‘Bureau of Justice Statistics’’ each time they ap-
pear.
(b) CONFORMING AMENDMENT
TO
THE OMNIBUS
CRIME CONTROL ACT OF 1968.—Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by replacing the words ‘‘Office
of Juvenile Justice and Delinquency Prevention’’ with the
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words ‘‘Office of Juvenile Crime Control and Prevention’’
each time they appear.
SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is
amended by adding after paragraph (22), the following
new paragraph:
‘‘(23) There are authorized to be appropriated,
and remain available until expended, such sums as
may be necessary for the operations of the Office of
Juvenile Crime Control and Prevention as stipulated
under title VII, subtitle A, of the Anti-Gang and
Youth Violence Act of 1997, for the fiscal years
1998, 1999, 2000, and 2001.’’.
Subtitle B—Juvenile Crime Assistance
SEC. 7201. FORMULA GRANT ASSISTANCE.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by adding after part z, the following new part:
‘‘PART AA—JUVENILE CRIME CONTROL AND
PREVENTION FORMULA GRANT PROGRAM
‘‘SEC. 2801. AUTHORITY TO MAKE GRANTS AND ENTER INTO
CONTRACTS.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention under the supervision and direction of the
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Assistant Attorney General for the Office of Justice Pro-
grams is authorized to award grants to States to assist
them in planning, establishing, operating, coordinating,
and evaluating projects directly or through grants, cooper-
ative agreements, and contracts with public and private
agencies for development and implementation of policies,
initiatives, and programs that are designed to reduce, con-
trol, and prevent juvenile crime and violence and improve
the juvenile justice system.
‘‘SEC. 2802. ALLOCATION OF FUNDS.
‘‘(a) TIME; BASIS; AMOUNTS.—
‘‘(1) Subject to paragraph (2) and in accord-
ance with regulations promulgated under this part,
appropriated funds are authorized to be allocated
annually among the States on the basis of relative
population of people under the age of 18. If appro-
priated funds are not sufficient to permit such allo-
cations, the minimum allocation level shall be ad-
justed accordingly.
‘‘(2) Subject to the availability of appropriated
funds, the amount allocated to each State for a fis-
cal year shall be not less than $600,000, except that
the amount allocated to the Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands
shall be not less than $200,000. If appropriated
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funds are not sufficient to permit such allocations,
the minimum allocation level shall be adjusted ac-
cordingly.
‘‘(b) REALLOCATION OF UNOBLIGATED FUNDS.—If
any amount so allocated remains unobligated by the recipi-
ent at the end of the fiscal year, such funds shall be reallo-
cated in a manner equitable and consistent with the pur-
pose of this part. Any amount so reallocated shall be in
addition to the amounts already allocated and available
to the States, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands
for the same period.
‘‘(c) USE OF ALLOCATED FUNDS FOR THE DEVEL-
OPMENT OF STATE PLANS, LIMITATIONS, AND MATCHING
REQUIREMENTS.—In accordance with regulations promul-
gated under this part, a portion of any allotment to any
State under this part shall be made available to develop
a State plan as set forth in section 2804 of this title or
for other activities associated with such State plan, and
to pay that portion of the expenditures that are necessary
for efficient administration, including monitoring and
evaluation. Not more than 10 percent of the total annual
allotment of such State shall be made available for such
purposes, except that any amount expended or obligated
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by such State, or by units of local government or combina-
tion thereof, from amounts made available under this sub-
section shall be matched (in an amount equal to any such
amount so expended or obligated) by any such State, or
by such units of local government or combinations, from
State and local funds, as the case may be. The State shall
make available needed funds for planning and administra-
tion to units of local government or combinations thereof
within the State on an equitable basis.
‘‘SEC. 2803. ADMINISTRATION.
‘‘(a) The Director of the Office of Juvenile Crime
Control and Prevention under the supervision and direc-
tion of the Assistant Attorney General for the Office of
Justice Programs is authorized to award grants and coop-
erative agreements and enter into contracts with public
and private agencies, organizations, Indian tribal govern-
ments, and individuals to provide technical assistance to
States, units of local governments, Indian tribal govern-
ments, and combinations thereof, and local private agen-
cies to effectuate implementation of the State plan ap-
proved under section 2804 of this title, not to exceed two
percent of the funds available in a fiscal year to implement
this part.
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‘‘(b) Grants and contracts may be awarded under
paragraph (a) only to public and private agencies, organi-
zations, institutions, and individuals that have experience
in providing such technical assistance. In providing such
technical assistance, the recipient of a grant or a contract
under this subsection shall coordinate its activities with
the State agency described in section 2804 of this title.
‘‘(c) To be eligible to receive grant funds under this
part, a State unit of local government, or Indian tribal
government must submit to the Director of the Office of
Juvenile Crime Control and Prevention an application at
such time, in such form, and containing such assurances
and information as may be reasonably required.
‘‘(d) The Director of the Office of Juvenile Crime
Control and Prevention may issue whatever regulations
and guidelines as are reasonably necessary to implement
this part.
‘‘SEC. 2804. REQUIREMENTS.
‘‘(a) STATE PLANNING.—To receive formula grants
under this part, a State shall submit an application and
a plan for carrying out its purposes applicable to a three-
year period. Such plan shall be amended annually to in-
clude new programs and activities adopted following State
plan approval. The State shall submit annual reports to
the Director of the Office of Juvenile Crime Control and
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Prevention that shall describe progress in implementing
programs contained in the approved State plan and shall
describe how State plan requirements were met. Further,
in accordance with regulations that the Director of the Of-
fice of Juvenile Crime Control and Prevention shall pre-
scribe, the plan of a State that is applying for an award
under section 2801 of this title shall—
‘‘(1) designate a State agency responsible for
supervising the preparation and administration of
the State plan submitted under section 2804(a) of
this title and provide for the creation or designation
of an appropriate supervisory board, such as a State
advisory group, that includes a balance of public and
private sector representation and expertise from a
variety of disciplines in juvenile justice, to establish
policies and priorities for the planning, selection,
and award of funds received by the State agency
pursuant to this title;
‘‘(2) provide for the active consultation with
and participation of units of local government, pri-
vate agencies, or combinations thereof in the devel-
opment of a State plan that takes into account the
needs and requests of local governments;
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‘‘(3) provide for a comprehensive analysis of ju-
venile crime problems and juvenile justice and juve-
nile crime control and prevention needs and prior-
ities with the State;
‘‘(4) provide that at least 50 percent of all
funds received by the State pursuant to this section
shall be expended, unless the provisions of this para-
graph are waived at the discretion of the Director of
the Office of Juvenile Crime Control and Prevention
for any State in which the services for delinquent or
other youth are organized on a statewide basis—
‘‘(A) through programs of units of local
government or combinations thereof, to the ex-
tent that such programs are consistent with the
State plan;
‘‘(B) through programs of local private
agencies, to the extent that such programs are
consistent with the State plan, except that di-
rect funding of any local private agency by a
State shall be permitted only if such agency re-
quests such funding after it has applied for and
been denied funding by any unit of local gov-
ernment or combination thereof; and
‘‘(C) to provide funds for programs for In-
dian tribes that agree to attempt to comply
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with the requirements specified in section
2804(b)(1), section 2804(b)(3), and section
2804(b)(4) applicable to the detention and con-
finement of juveniles, in an amount that at
least bears the same ratio to the aggregate
amount to be expended through programs re-
ferred to in section 2804(a)(4) (A) and (B) of
this title as the population under 18 years of
age in the geographical areas in which such
tribes perform such functions relative to the
State population under 18 years of age;
‘‘(5) provide for an adequate system of monitor-
ing jails, detention facilities, correctional facilities,
and nonsecure facilities to insure that the require-
ments of section 2804(b)(1), section 2804(b)(3), and
section 2804(b)(4) are met;
‘‘(6) provide that the chief executive officer of
a unit of local government may assign responsibility
for the preparation and administration of the local
government’s part of a State plan to a multidisci-
plinary regional planning agency (hereinafter in this
part referred to as the ‘local agency’) that can most
effectively implement the purposes of this part and
shall provide for supervision of the programs funded
under this subtitle by that local agency;
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‘‘(7) provide for an equitable distribution of the
assistance received under section 2802 of this part
within the State;
‘‘(8) provide that not less than 75 percent of
the funds available to the State under section 2802
of this title shall be used for the prevention, treat-
ment, and accountability measures that have dem-
onstrated effectiveness or a promise of effectiveness
in addressing youth crime and improving the sys-
tems’ response to it;
‘‘(9) provide assurances that youth in the juve-
nile justice system are treated equitably on the basis
of gender, race, religion, family income, and men-
tally, emotionally, or physically handicapping condi-
tions;
‘‘(10) provide for the establishment and admin-
istration of procedures protecting the rights or re-
cipients of services under this part, and for assuring
appropriate privacy with regard to records relating
to such services provided to any individual under the
State plan;
‘‘(11) provide that fair and equitable arrange-
ments shall be made to protect the interests of em-
ployees affected by assistance under this part and
shall provide for the terms and conditions of such
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protective arrangements established pursuant to this
section, and such protective arrangements shall, to
the extent feasible, include, without being limited to,
such provisions as may be necessary for—
‘‘(A) the preservation of rights, privileges,
and benefits (including the continuation of pen-
sion rights and other benefits) under existing
collective-bargaining agreements or otherwise;
‘‘(B) the continuation of collective-bargain-
ing rights;
‘‘(C) the protection of individual employees
against a worsening of their positions with re-
spect to their employment;
‘‘(D) assurances of employment to employ-
ees of any State or political subdivision thereof
who will be affected by any program funded in
whole or in part under provisions of the title;
and
‘‘(E) training and retraining programs;
‘‘(12) provide an appropriate level of funding
for the development of an adequate research, train-
ing, and evaluation capacity within the State;
‘‘(13) provide assurances that Federal funds re-
ceived under this part shall be used to supplement,
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not supplant, non-Federal funds that would other-
wise be available for activities funded under this
part; and
‘‘(14) contain such other terms and conditions
as the Director of the Office of Juvenile Crime Con-
trol and Prevention may reasonably promulgate to
assure the effectiveness of programs assisted under
this part.
‘‘(b) FUNDAMENTAL JUVENILE PROTECTIONS.—A
State receiving funding under this title must—
‘‘(1) provide that juveniles who are accused or
adjudicated for offenses that would not be criminal
if committed by an adult other than an offense that
constitutes a violation of a valid court order or a vio-
lation of section 922(x) of title 18 of the United
States Code or a similar State law, or alien juveniles
in custody, or such nonoffenders as dependent or ne-
glected children, shall not be placed in secure deten-
tion facilities or secure correctional facilities; except
that accused status offenders or nonoffenders in law-
ful custody can be held in a secure juvenile detention
facility for up to 24 hours, exclusive of weekends
and holidays, prior to an initial court appearance
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and for an additional 24 hours, exclusive of week-
ends and holidays, following an initial court appear-
ance;
‘‘(2) provide that the State shall submit an an-
nual report to the Director of the Office of Juvenile
Crime Control and Prevention containing a review of
the progress made by the State to achieve the dein-
stitutionalization of juveniles described in section
2804(b)(1) of this title and a review of the progress
made by the State to provide that such juveniles, if
placed in facilities, are placed in facilities that are:
(i) the least restrictive alternatives appropriate to
the needs of a child and the community; (ii) in rea-
sonable proximity to the family and the home com-
munities of such juveniles; and (iii) provide the serv-
ices described in 42 U.S.C. 3791(a)(26);
‘‘(3) provide that juveniles alleged to be or
found to be delinquent, and youth within the pur-
view of subparagraph (1), shall not be detained or
confined in any institution in which they have con-
tact with adult persons incarcerated because the
adult persons have been convicted of a crime or are
awaiting trial on criminal charges, or with the part-
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time or full-time security staff (including manage-
ment) or direct-care staff of a collocated jail or lock-
up for adults unless such staff have been properly
trained and certified to supervise juveniles; and
‘‘(4) provide that—
‘‘(A) no juvenile shall be detained or con-
fined in any jail or lockup for adults, except as
provided by regulations promulgated by the Di-
rector of the Office of Juvenile Crime Control
and Prevention, that make exceptions with re-
gard to the detention of juveniles accused of or
adjudicated for nonstatus offenses who are in
secure custody in such a facility for purposes of
processing or while awaiting transfer to a juve-
nile facility, release, or court appearance for a
period not to exceed six hours. Such exception
may be extended to 48 hours, excluding week-
ends and holidays, provided that this exception
is limited to areas that are in compliance with
paragraph (3) and—
‘‘(i) are outside a Standard Metropoli-
tan Area and have no existing acceptable
alternative placement available;
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‘‘(ii) are located where conditions of
distance to be traveled or the lack of high-
way, road, or other ground transportation
do not allow for a court appearance, trans-
fer, or release within 48 hours, so that a
brief (not to exceed 24 hours) delay is ex-
cusable;
‘‘(iii) are located where conditions of
safety exist (such as severely adverse, life
threatening weather conditions that do not
allow for reasonably safe travel), in which
case the time for a court appearance trans-
fer to an alternative placement, or release
may be delayed until 24 hours after the
time that such conditions allow for reason-
ably safe travel; or
‘‘(B) in the case of a juvenile accused of a
nonstatus offense may be detained or confined
in a jail or lockup for adults provided that such
jail or lockup for adults is in compliance with
paragraph (3) and;
‘‘(i) is outside a Standard Metropoli-
tan Area;
‘‘(ii) the juvenile consents;
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‘‘(iii) the parent or legal guardian of
the juvenile consents;
‘‘(iv) the counsel for the juvenile con-
curs;
‘‘(v) the court reviews and approves
the detention or confinement; and
‘‘(vi) the court approval of such deten-
tion or confinement is subject to review
every seven days.
‘‘(5) address efforts to reduce the proportion of
juveniles detained or confined in secure detention fa-
cilities, secure correctional facilities, jails, and lock-
ups who are members of minority groups if such
proportion exceeds the proportion such groups rep-
resent in the general population. However, this para-
graph neither establishes nor requires numerical
standards or quotas in order for a jurisdiction to
achieve or meet this requirement.
‘‘(c) 
NONSUBMISSION, 
NONQUALIFICATION, 
OR
WAIVER OF STATE PLAN.—
‘‘(1) In the event that any State chooses not to
submit a plan, fails to submit a plan, or submits a
plan or modification that the Director of the Office
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of Juvenile Crime Control and Prevention, after rea-
sonable notice and opportunity for hearing, deter-
mines does not meet the requirements of this part,
the Director of the Office of Juvenile Crime Control
and Prevention shall endeavor to make 50 percent of
that State’s allotment under the provisions of section
2802 or remaining allotment, available to local pub-
lic and private and nonprofit agencies with that
State for purposes described in this part. The Direc-
tor shall make funds that remain available after
such disbursements are made, and any other unobli-
gated funds, available on an equitable basis to those
States that provide the protections required under
subsection 2804(b) of this part.
‘‘(2) The Director of the Office of Juvenile
Crime Control and Prevention is authorized at the
request of a State pursuant to its State plan, to
waive, in whole or in part, any State plan require-
ment and/or implementing regulation as appropriate
to test innovative programs and methods to meet the
needs of juveniles in the juvenile justice system.
‘‘SEC. 2805. FAILURE TO MEET REQUIREMENTS.
‘‘If a State fails to fully meet one or more of the re-
quirements of section 2804(b)(1), section 2804(b)(3), sec-
tion 2804(b)(4), and section 2804(b)(5) of this title in any
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fiscal year beginning with fiscal year 1998, the amount
allotted under section 2802 of this title to said State shall
be reduced by 50 percent unless, the Director of the Office
of Juvenile Crime Control and Prevention has reasonably
determined that the State—
‘‘(1) has substantially met each requirement
with respect to which the State had not fully met
the requirement; or
‘‘(2) has made, through appropriate change to
State law a commitment to meeting these require-
ments; and
‘‘(3) has submitted a plan sufficient to fully
meet each requirement; and
‘‘(4) has met any other appropriate stipulations
as the Director of the Office of Juvenile Crime Con-
trol and Prevention may promulgate by regulation.
‘‘SEC. 2806. TRAINING AND TECHNICAL ASSISTANCE.
‘‘Two percent of all funds appropriated for this part
shall be set aside for use by the Director of the Office
of Juvenile Crime Control and Prevention for training and
technical assistance consistent with this part.
‘‘SEC. 2807. RESEARCH, STATISTICS, AND EVALUATION.
‘‘Ten percent of all funds appropriated for this part
shall be set aside, consistent with part FF, for use by the
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Director of the Office of Juvenile Crime Control and Pre-
vention for research, statistics, and evaluation activities
consistent with this part.
‘‘SEC. 2808. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part, to remain available until expended—
‘‘(1) $80,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999, 2000, and 2001.’’.
SEC. 7202. INDIAN TRIBAL GRANTS.
(a) INDIAN TRIBAL GRANT PROGRAM.—Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding after part AA,
the following new part:
‘‘PART BB—INDIAN TRIBAL GRANTS PROGRAMS
‘‘SEC. 2901. AUTHORITY TO MAKE GRANTS AND CON-
TRACTS.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention, under the supervision and direction of the
Assistant Attorney General for the Office of Justice Pro-
grams, is authorized to award grants and to enter into
cooperative agreements and contracts with Indian tribal
governments and other public and private agencies, or
combinations thereof, to assist Indian tribal governments
in planning, establishing, operating, coordinating, and
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evaluating projects directly for the development and imple-
mentation of policies, initiatives, and programs that are
designed to reduce, control, and prevent juvenile crime;
to assist Indian juveniles who have had contact with, or
are at risk of having contact with, the juvenile justice sys-
tem, including tribal courts; and to improve the juvenile
justice system.
‘‘SEC. 2902. ELIGIBILITY REQUIREMENTS.
‘‘In order to receive grants under this part, an Indian
tribal government shall:
‘‘(1) use such funds for planning, researching,
developing, coordinating, implementing, and evaluat-
ing initiatives and programs applicable to prevent,
control, and reduce juvenile crime;
‘‘(2) provide assurances that Federal funds re-
ceived under this part shall be used to supplement,
not supplant, non-Federal funds that would other-
wise be available for activities funded under this
part; and
‘‘(3) comply with such other requirements as
the Director of the Office of Juvenile Crime Control
and Prevention may reasonably prescribe to assure
the effectiveness of this part.
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‘‘SEC. 2903. APPLICATION.
‘‘(a) IN GENERAL.—The Director of the Office of Ju-
venile Crime Control and Prevention shall issue whatever
requirements for applications submitted under this part
as the Director of the Office of Juvenile Crime Control
and Prevention determines to be appropriate.
‘‘(b) GUIDELINE AUTHORITY.—The Director of the
Office of Juvenile Crime Control and Prevention may issue
guidelines as necessary to carry out this part.
‘‘SEC. 2904. FEDERAL SHARE.
‘‘The Federal share of a grant made under this part
shall be 100 percent of the total amount awarded.
‘‘SEC. 2905. TRAINING AND TECHNICAL ASSISTANCE.
‘‘Two percent of all funds appropriated for this part
shall be set aside for use by the Director of the Office
of Juvenile Crime Control and Prevention for training and
technical assistance consistent with this part.
‘‘SEC. 2906. RESEARCH, STATISTICS, AND EVALUATION.
‘‘Ten percent of all funds appropriated for this part
shall be set aside, consistent with part FF, for use by the
Director of the Office of Juvenile Crime Control and Pre-
vention for research, statistics, and evaluation activities
consistent with this part.
‘‘SEC. 2907. REPORT.
‘‘Recipients of Federal funds pursuant to this part
shall submit to the Director of the Office of Juvenile
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Crime Control and Prevention such reports as may be rea-
sonably requested to describe progress achieved in carry-
ing out programs funded under this part.
‘‘SEC. 2908. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part to remain available until expended—
‘‘(1) $6,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999, 2000, and 2001.’’.
(b) INCREASE IN SUPPORT FOR CORRECTIONAL FA-
CILITIES ON INDIAN TRIBAL LAND.—Section 13709 of
title 42, United States Code, is amended—
(1) in subsection (a)(2) by striking the number
‘‘0.2’’ and inserting in its place the number ‘‘2.0’’;
and
(2) in subsection (b) by striking the word
‘‘jails’’ and inserting in its place the words ‘‘correc-
tional facilities’’.
SEC. 7203. AT-RISK CHILDREN GRANT PROGRAM.
The Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3711 et seq.) is amended by adding after
part BB, the following new part:
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‘‘PART CC—AT-RISK CHILDREN’S INITIATIVE
‘‘SEC. 3001. AUTHORITY TO MAKE GRANTS AND ENTER INTO
CONTRACTS.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention under the supervision and direction of the
Assistant Attorney General for the Office of Justice Pro-
grams and in consultation with the Department of Health
and Human Services and the Department of Education
is authorized to award grants to States, to be distributed
by States for use by local units of government, Indian
tribes, and locally based public and private agencies and
organizations, for the purpose of developing, implement-
ing, and operating school and community-based programs
for the reduction and prevention of truancy, school vio-
lence, and juvenile crime.
‘‘SEC. 3002. USE OF FUNDS.
‘‘Grants awarded pursuant to section 3001 may be
used to support locally based prevention and early inter-
vention efforts to assist juveniles who have had, or who
are at risk of having, contact with the juvenile justice sys-
tem. Funds provided under this part may be used for: tru-
ancy reduction; school drop-out prevention; juvenile curfew
enforcement; school safety; juvenile mentoring; violence re-
duction strategies, such as dispute resolution; intensive su-
pervision services; job and life skills training; family
strengthening interventions; early childhood services;
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after-school programs for juveniles and tutoring programs;
recreation and parks programs; parent training; health
and mental health services; alcohol and substance abuse
services; restitution and community services activities;
leadership development; accountability and responsibility
education; and other efforts that will lower or prevent tru-
ancy, school violence, and juvenile crime.
‘‘SEC. 3003. ELIGIBILITY.
‘‘(a) To receive funds pursuant to section 3001, the
chief executive officer of a State must certify to the Direc-
tor of the Office of Juvenile Crime Control and Prevention
that the State complies with the plan requirements set out
in section 2804 of this part.
‘‘(b) Further, to receive funds pursuant to section
3001, the chief executive of a State must designate to the
Director of the Office of Juvenile Crime Control and Pre-
vention a single State agency or official who shall be re-
sponsible for the coordination and administration of this
part.
‘‘(c) The Director of the Office of Juvenile Crime
Control and Prevention may issue additional guidelines
with respect to State and local eligibility consistent with
this part.
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‘‘SEC. 3004. LOCAL PLANNING REQUIREMENT.
‘‘(a) Units of local government participating under
this part must utilize a local planning board.
‘‘(b) The board established pursuant to subsection (a)
shall—
‘‘(1) be appointed or designated by the chief ex-
ecutive of the participating jurisdiction;
‘‘(2) consist of representatives of the commu-
nity and a balance of public and private agencies
and organizations;
‘‘(3) be responsible for developing, on behalf of
the participating jurisdiction, a three-year plan out-
lining the jurisdiction’s plans and strategies and pro-
grams to develop a balanced prevention and early
intervention plan consistent with section 3002 of
this part; and
‘‘(4) provide the plan referenced in paragraph
(3) as part of any application submitted from public
or private entities within the participating jurisdic-
tion.
‘‘(c) Plans submitted by participating jurisdictions
must be certified by the chief executive officer of the par-
ticipating jurisdiction and submitted to the state agency
or organization designated by the chief executive officer
of the State under section 3003(b).
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‘‘(d) The plans must show evidence of coordination
with other local truancy, school violence, and juvenile
crime programs.
‘‘(e) The Director of the Office of Juvenile Crime
Control and Prevention may issue guidelines with respect
to local planning requirements consistent with this part.
‘‘SEC. 3005. ADMINISTRATION.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention shall establish guidelines governing the ad-
ministration and the manner and content of applications
for funding under this part. Such guidelines shall include
procedures and methods for the distribution of funds dis-
tributed under this part.
‘‘SEC. 3006. FEDERAL SHARE.
‘‘For any grant made under this program, the State/
local contribution shall be 50 percent. Further, in-kind
contributions, pursuant to the discretion of the Director
of the Office of Juvenile Crime Control and Prevention
may constitute a portion, or all, of the non-Federal share
of a grant made under this part. With regard to grants
to Indian tribes, the Director of the Office of Juvenile
Crime Control and Prevention may allow other Federal
funds to constitute all or a portion of the non-Federal
share.
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‘‘SEC. 3007. TRAINING AND TECHNICAL ASSISTANCE.
‘‘Two percent of all funds appropriated for this part
shall be set aside for use by the Director of the Office
of Juvenile Crime Control and Prevention for training and
technical assistance consistent with this part.
‘‘SEC. 3008. RESEARCH, STATISTICS, AND EVALUATION.
‘‘Ten percent of all funds appropriated for this part
shall be set aside, consistent with part FF, for use by the
Director of the Office of Juvenile Crime Control and Pre-
vention for research, statistics, and evaluation activities
consistent with this part.
‘‘SEC. 3009. REPORT.
‘‘Recipients of Federal funds pursuant to this part
shall submit to the Director of the Office of Juvenile
Crime Control and Prevention such reports as may be rea-
sonably requested to describe progress achieved in carry-
ing programs funded under this part.
‘‘SEC. 3010. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part to remain available until expended—
‘‘(1) $75,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999, 2000, and 2001.’’.
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SEC. 7204. DEVELOPING, TESTING, AND DEMONSTRATING
PROMISING PROGRAMS.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by adding after part CC, the following new part:
‘‘PART DD—DEVELOPING, TESTING, AND
DEMONSTRATING PROMISING NEW PROGRAMS
‘‘SEC. 3101. AUTHORITY TO MAKE GRANTS AND CONTRACTS
‘‘(a) The Director of the Office of Juvenile Crime
Control and Prevention under the supervision and direc-
tion of the Assistant Attorney General for the Office of
Justice Programs is authorized to make grants to States,
units of local government, Indian tribal governments, pub-
lic and private agencies, organizations, and individuals, or
combinations thereof for the development, testing, and
demonstration of promising initiatives and programs for
the prevention, control, and/or reduction of juvenile crime.
Such programs shall be those considered to possess a high
probability of improving the juvenile justice system, as
well as efforts that may include prevention, early interven-
tion, and/or reduction of juvenile crime.
‘‘(b) The Director of the Office of Juvenile Crime
Control and Prevention under the supervision and direc-
tion of the Assistant Attorney General for the Office of
Justice Programs is authorized to award grants to and
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enter into cooperative agreements and contracts with pub-
lic and private agencies, organizations, and individuals to
provide technical assistance to States, units of local gov-
ernment, Indian tribal governments, local private entities
or agencies, or any combination thereof to effectuate im-
plementation of applications approved under this part.
‘‘SEC. 3102. ELIGIBILITY REQUIREMENTS.
‘‘Under this part, public and private agencies, Indian
tribal governments, or organizations, institutions, individ-
uals are eligible to apply.
‘‘SEC. 3103. APPLICATIONS.
‘‘(a) GENERALLY.—An application shall be submitted
at such time, in such form, and containing such informa-
tion as the Director of the Office of Juvenile Crime Con-
trol and Prevention may reasonably require.
‘‘(b) GUIDELINE AUTHORITY.—The Director of the
Office of Juvenile Crime Control and Prevention may issue
guidelines necessary to carry out this part.
‘‘SEC. 3104. FEDERAL SHARE.
‘‘The Federal share of a grant made under this part
shall be 100 percent of the total amount awarded.
‘‘SEC. 3105. GEOGRAPHIC DISTRIBUTION.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention shall ensure that, to the extent reasonable
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and practicable, an equitable geographic distribution of
grant awards is made.
‘‘SEC. 3106. TRAINING AND TECHNICAL ASSISTANCE.
‘‘Two percent of all funds appropriated for this part
shall be set aside for use by the Director of the Office
of Juvenile Crime Control and Prevention for training and
technical assistance consistent with this part.
‘‘SEC. 3107. RESEARCH, STATISTICS, AND EVALUATION.
‘‘Ten percent of all funds appropriated for this part
shall be set aside, consistent with part FF, for use by the
Director of the Office of Juvenile Crime Control and Pre-
vention for research, statistics, and evaluation activities
consistent with this part.
‘‘SEC. 3108. REPORT.
‘‘Recipients of Federal funds pursuant to this part
shall submit to the Director of the Office of Juvenile
Crime Control and Prevention such reports as may be rea-
sonably requested to describe progress achieved in carry-
ing programs unfunded under this part.
‘‘SEC. 3109. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part to remain available until expended—
‘‘(1) $24,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999, 2000, and 2001.’’.
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SEC. 7205. INCENTIVE GRANT PROGRAMS.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by adding after part DD, the following new part:
‘‘PART EE—INCENTIVE GRANT PROGRAMS
‘‘SEC. 3201. AUTHORITY TO MAKE GRANTS AND ENTER INTO
CONTRACTS.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention under the supervision and direction of the
Assistant Attorney General for the Office of Justice Pro-
grams is authorized to make grants to States that receive
an allocation under section 2802 of this title, in an amount
to be determined based on each qualifying State’s propor-
tion of the total population of juveniles in all qualifying
States. Such funds may be used by the State acting di-
rectly or through grants, cooperative agreements and con-
tracts with public or private agencies, institutions, individ-
uals, or Indian tribes, for program purposes authorized
under section 3203 of this title.
‘‘SEC. 3202. ELIGIBILITY REQUIREMENTS.
‘‘The State agency designated under section 2804 of
this title is eligible to apply under this part. The applicant
shall provide assurances that the State has, either at the
time of application, or within 12 months from the time
of application—
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‘‘(1) implemented a system of accountability-
based graduated sanctions applicable to juveniles
within the juvenile justice system designed to hold
such juveniles accountable for their actions and to
protect local communities from the effects of juvenile
crime by providing appropriate sanctions for every
act for which a juvenile is adjudicated delinquent;
and
‘‘(2) designed a system for juvenile delinquency
history record information collection, storage, and
dissemination that will ensure that such records will
be available for such purposes as provided by State
or tribal law.
‘‘SEC. 3203. APPLICATIONS.
‘‘(a) GENERALLY.—To request funds under this part,
the State agency shall submit an application to the Direc-
tor of the Office of Juvenile Crime Control and Prevention
in such form and containing such information as the Di-
rector of the Office of Juvenile Crime Control and Preven-
tion may reasonably require.
‘‘(b) SPECIFIC REQUIREMENTS.—In addition to any
other requirements that may be specified by the Director
of the Office of Juvenile Crime Control and Prevention,
an application for a grant under this part shall—
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‘‘(1) include a long-term strategy and detailed
implementation plan;
‘‘(2) identify related governmental or commu-
nity initiatives that complement or will be coordi-
nated with the initiative or program;
‘‘(3) certify that there has been appropriate
consultation with all affected agencies or govern-
mental entities and that there will be appropriate co-
ordination with said agencies or entities in the im-
plementation of the initiative or program;
‘‘(4) ensure that Federal funds received under
this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available
for activities funded under this section. With regard
to grants to Indian tribes, the Director of the Office
of Juvenile Crime Control and Prevention may allow
other Federal funds to constitute all or a portion of
the non-Federal share; and
‘‘(5) specify plans for obtaining necessary sup-
port for continuing the funded program following
the conclusion of Federal support.
‘‘(c) GUIDELINE AUTHORITY.—The Director of the
Office of Juvenile Crime Control and Prevention may issue
guidelines as are necessary to carry out this part.
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‘‘SEC. 3204. GENERAL USES.
‘‘A State, unit of local government, or Indian tribal
government that receives a grant pursuant to this part
must use said grant funds for one or more of the following
purposes—
‘‘(1) for the effectuation of paragraphs (1) and/
or (2) of section 3202 of this part;
‘‘(2) for the advancement of initiatives and pro-
grams that are designed to prevent or intervene in
the unlawful possession, distribution, or sale of fire-
arms by or to juveniles, including law enforcement
and prosecution strategies and programs;
‘‘(3) for the implementation of programs and
activities that facilitate the collection, dissemination,
and use of data and information regarding juvenile
crime;
‘‘(4) for the implementation of new programs
and activities that enhance the ability of State and
local jurisdictions to track, intervene with, and con-
trol serious, violent, and chronic juvenile offenders,
such as assessment, aftercare, intensive supervision,
SHOCAP programs, and targeted gang intervention
programs;
‘‘(5) for the implementation of comprehensive
program services in juvenile detention and correc-
tional facilities;
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‘‘(6) for any other purpose related to juvenile
crime prevention, control, and/or reduction as the
Director of the Office of Juvenile Crime Control and
Prevention shall determine, such as rural juvenile
crime prevention, innovative local law enforcement
and juvenile-focuses community policing, gender-spe-
cific services, and hate crime prevention and inter-
vention; and
‘‘(7) planned and implemented programs, poli-
cies, and procedures that address efforts to prevent
and reduce and disproportionate confinement of mi-
nority juveniles when it exists within the juvenile
justice system.
‘‘SEC. 3205. FEDERAL SHARE.
‘‘The Federal share of any individual grant made
pursuant to this part may not exceed 75 percent. Further,
in-kind contributions, pursuant to the discretion of the Di-
rector of the Office of Juvenile Crime Control and Preven-
tion, may constitute a portion, or all, of the non-Federal
share of a grant made under this part. With regard to
grants to Indian tribes, the Director of the Office of Juve-
nile Crime Control and Prevention may allow other Fed-
eral funds to constitute all or a portion of the non-Federal
share.
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‘‘SEC. 3206. TRAINING AND TECHNICAL ASSISTANCE.
‘‘Two percent of all funds appropriated for this part
shall be set aside for use by the Director of the Office
of Juvenile Crime Control and Prevention for training and
technical assistance consistent with this part.
‘‘SEC. 3207. RESEARCH, STATISTICS, AND EVALUATION.
‘‘Ten percent of all funds appropriated for this part
shall be set aside, consistent with part FF, for use by the
Director of the Office of Juvenile Crime Control and Pre-
vention for research, statistics, and evaluation activities
consistent with this part.
‘‘SEC. 3208. REPORT.
‘‘Recipients of Federal funds pursuant to this part
shall submit to the Director of the Office of Juvenile
Crime Control and Prevention such reports as may be rea-
sonably requested to describe progress achieved in carry-
ing programs funded under this part.
‘‘SEC. 3209. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part to remain available until expended—
‘‘(1) $17,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999, 2000, and 2001.’’.
‘‘SEC. 7206. RESEARCH, STATISTICS, AND EVALUATION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Youth Violence Reduction Research Act of 1997’’.
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(b) RESEARCH, STATISTICS, EVALUATION.—Title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. et seq.) is amended by adding after part
EE, the following new part:
‘‘PART FF—RESEARCH, STATISTICS, AND
EVALUATION’’
‘‘SEC. 3301. FEDERAL EFFORT.
‘‘(a) RESEARCH AND EVALUATION.—The Director of
the Office of Juvenile Crime Control and Prevention under
the supervision and direction of the Assistant Attorney
General for the Office of Justice Programs is authorized
to—
‘‘(1) transfer funds to and enter into agree-
ments with the National Institute of Justice or, sub-
ject to the approval of the Assistant Attorney Gen-
eral for the Office of Justice Programs, to another
Federal agency authorized by law to conduct re-
search or evaluation in juvenile justice matters, for
the purpose of providing research and evaluation to
address the reduction, control, and prevention of ju-
venile crime; the juvenile justice system; youth vio-
lence and other purposes consistent with Anti-Gang
and Youth Violence Act of 1997; and
‘‘(2) plan and identify, in consultation with the
Director of the National Institute of Justice, the
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purposes and goals of all grants, contracts, or agree-
ments to be supported under this subsection.
‘‘(b) STATISTICAL ANALYSIS.—The Director of the
Office of Juvenile Crime Control and Prevention under the
supervision and direction of the Assistant Attorney Gen-
eral for the Office of Justice Programs is authorized to—
‘‘(1) transfer funds to and enter into agree-
ments with the Bureau of Justice Statistics or, sub-
ject to the approval of the Assistant Attorney Gen-
eral for the Office of Justice Programs, to another
Federal agency authorized by law to undertake sta-
tistical work in juvenile justice matters, for the pur-
pose of providing for the collection, analysis, and
dissemination of statistical data and information re-
lating to juvenile crime; the juvenile justice system;
youth violence and other purposes consistent with
Anti-Gang and Youth Violence Act of 1997; and
‘‘(2) plan and identify, in consultation with the
Director of the Bureau of Justice Statistics, the pur-
poses and goals of all grants, contracts, or agree-
ments to be supported under this subsection.
‘‘SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) In addition to such sums as authorized in other
parts of title VII of the Anti-Gang and Youth Violence
Act of 1997, there are authorized to be appropriated for
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purposes authorized pursuant to section 3301(a) of this
title to be available until expended—
‘‘(1) $6,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999; 2000; and 2001.
‘‘(b) In addition to such sums as authorized in other
parts of title VII of the Anti-Gang and Youth Violence
Act of 1997, there are authorized to be appropriated for
purposes authorized pursuant to section 3301(b) of this
title to be available until expended—
‘‘(1) $3,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999; 2000; and 2001.’’.
SEC. 7207. TRAINING AND TECHNICAL ASSISTANCE.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by adding after part FF, the following new part:
‘‘PART GG—TRAINING AND TECHNICAL
ASSISTANCE
‘‘SEC. 3401. AUTHORITY TO MAKE GRANTS AND CON-
TRACTS.
‘‘(a) TRAINING.—The Director of the Office of Juve-
nile Crime Control and Prevention, under the supervision
and direction of the Assistant Attorney General for the
Office of Justice Programs, is authorized to—
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‘‘(1) develop and implement programs and ini-
tiatives for the purpose of educating representatives
and personnel from public and private agencies, in-
cluding practitioners in the field of juvenile justice,
law enforcement, the courts, corrections, the schools,
and related services, in programs and practices con-
sistent with the goals and purposes of the Anti-Gang
and Youth Violence Act of 1997; and
‘‘(2) award grants to and into cooperative
agreements and contracts with public and private
agencies, institutions, and organizations, including
universities and other academic institutions, for the
purpose of educating representatives and personnel
from public and private agencies, including practi-
tioners in the field of juvenile justice, law enforce-
ment, the courts, corrections, the schools, and relat-
ed services, in programs and practices consistent
with the goals of the Anti-Gang and Youth Violence
Act of 1997.
‘‘(b) TECHNICAL ASSISTANCE.—The Director of the
Office of Juvenile Crime Control and Prevention under the
supervision of the Assistant Attorney General for the Of-
fice of Justice Programs is authorized to—
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‘‘(1) develop and implement programs and ini-
tiatives for the purpose of providing technical assist-
ance to representatives and personnel from public
and private agencies and organizations, including
practitioners in the field of juvenile justice, law en-
forcement, the courts, corrections, the schools, and
related services, in the establishment, implementa-
tion, and operation of programs and practices fund-
ed under, and consistent with the Anti-Gang and
Youth Violence Act of 1997; and
‘‘(2) award grants to and enter into cooperative
agreements and contracts with public and private
agencies, institutions, and organizations, including
universities and other academic institutions, for the
purpose of providing technical assistance to rep-
resentatives and personnel from public and private
agencies, including practitioners in the field of juve-
nile justice, law enforcement, the courts, corrections,
the schools, and related services in the establish-
ment, implementation, and operation of programs
and practices funded under, and consistent with the
Anti-Gang and Youth Violence Act of 1997.
‘‘(c) INFORMATION DISSEMINATION.—The Director
of the Office of Juvenile Crime Control and Prevention
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under the supervision of the Assistant Attorney General
for the Office of Justice Programs is authorized to—
‘‘(1) review reports and data relating to juvenile
justice in the United States and internationally, as
appropriate, collect data and information from stud-
ies and research into all aspects of juvenile delin-
quency and crime, its causes, prevention, and treat-
ment, and serve as a clearinghouse and information
center for the preparation, publication, and dissemi-
nation of information regarding juvenile crime, in-
cluding State and local prevention and treatment
programs, plans, resources, training and technical
assistance programs, resources, and other pertinent
data and information.
‘‘(2) award grants to and enter into cooperative
agreements and contracts with public and private
agencies, institutions, and organizations, including
universities and other academic institutions, for the
purpose of disseminating information to representa-
tives and personnel from public and private agencies,
including practitioners in the field of juvenile justice,
law enforcement, the courts, corrections, the schools,
and related services in the establishment, implemen-
tation, and operation of programs and practices
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funded under, and consistent with the Anti-Gang
and Youth Violence Act of 1997.
‘‘SEC. 3402. APPLICATIONS.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention shall establish guidelines governing the
manner and content of applications for funding under this
part.
‘‘SEC. 3403. ADMINISTRATION.
‘‘The Director of the Office of Juvenile Crime Control
and Prevention under the supervision and direction of the
Assistant Attorney General for the Office of Justice Pro-
grams shall establish guidelines governing the administra-
tion of this part. Such guidelines shall include procedures
and methods for the distribution of funds, including the
awarding of grants, cooperative agreements and contracts,
made under this part.
‘‘SEC. 3404. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part to be available until expended—
‘‘(1) $10,000,000 for fiscal year 1998; and
‘‘(2) such sums as may be necessary for each
of the fiscal years 1999; 2000; and 2001.’’.
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(A) striking the word ‘‘making’’ the first
time it appears and inserting in its place the
word ‘‘awarding’’;
(B) inserting the words ‘‘or cooperative
agreements’’ between the word ‘‘grant’’ and the
word ‘‘to’’ the first time they appear; and
(C) striking the word ‘‘coordinating’’ the
first time it appears and inserting in its place
the word ‘‘coordinate’’.
SEC. 7303. CONFORMING AMENDMENT.
Subchapter IV of title 42, United States Code, is
amended by—
(1) the word ‘‘Administrator’’ is replaced with
the word ‘‘Director’’ anywhere it appears; and
(2) the words ‘‘Office of Juvenile Justice and
Delinquency Prevention’’ are replaced with the
words ‘‘Office of Juvenile Crime Control and Pre-
vention’’ anywhere they appear; and
(3) the words ‘‘Administrator of the Office of
Juvenile Justice and Delinquency Prevention’’ are
replaced with the words ‘‘Director of the Office of
Juvenile Crime Control and Prevention’’ anywhere
they appear.
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