(2) TABLE OF CONTENTS.—The table of con-
tents of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking the
item relating to part R and inserting the following:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS
‘‘Sec. 1801. Program authorized.
‘‘Sec. 1802. Grant eligibility.
‘‘Sec. 1803. Allocation and distribution of funds.
‘‘Sec. 1804. Regulations.
‘‘Sec. 1805. Payment requirements.
‘‘Sec. 1806. Utilization of private sector.
‘‘Sec. 1807. Administrative provisions.
‘‘Sec. 1808. Definitions.
‘‘Sec. 1809. Authorization of appropriations.’’.
SEC. 103. AIMEE’S LAW.
(a) SHORT TITLE.—This section may be cited as
‘‘Aimee’s Law’’.
(b) DEFINITIONS.—In this section:
(1) DANGEROUS SEXUAL OFFENSE.—The term
‘‘dangerous sexual offense’’ means sexual abuse or
sexually explicit conduct committed by an individual
who has attained the age of 18 years against an in-
dividual who has not attained the age of 14 years.
(2) MURDER.—The term ‘‘murder’’ has the
meaning given the term under applicable State law.
(3) RAPE.—The term ‘‘rape’’ has the meaning
given the term under applicable State law.
(4) SEXUAL ABUSE.—The term ‘‘sexual abuse’’
has the meaning given the term under applicable
State law.
(5) SEXUALLY EXPLICIT CONDUCT.—The term
‘‘sexually explicit conduct’’ has the meaning given
the term under applicable State law.
(c) REIMBURSEMENT TO STATES FOR CRIMES COM-
MITTED BY CERTAIN RELEASED FELONS.—
(1) PENALTY.—
(A) SINGLE STATE.—In any case in which
a State convicts an individual of murder, rape,
or a dangerous sexual offense, who has a prior
conviction for any one of those offenses in a
State described in subparagraph (C), the Attor-
ney General shall transfer an amount equal to
the costs of incarceration, prosecution, and ap-
prehension of that individual, from Federal law
enforcement assistance funds that have been al-
located to but not distributed to the State that
convicted the individual of the prior offense, to
the State account that collects Federal law en-
forcement assistance funds of the State that
convicted that individual of the subsequent of-
fense.
(B) MULTIPLE STATES.—In any case in
which a State convicts an individual of murder,
rape, or a dangerous sexual offense, who has a
prior conviction for any one or more of those of-
fenses in more than one other State described
in subparagraph (C), the Attorney General shall
transfer an amount equal to the costs of incar-
ceration, prosecution, and apprehension of that
individual, from Federal law enforcement assist-
ance funds that have been allocated to but not
distributed to each State that convicted such in-
dividual of the prior offense, to the State ac-
count that collects Federal law enforcement as-
sistance funds of the State that convicted that
individual of the subsequent offense.
(C) STATE
DESCRIBED.—A State is de-
scribed in this subparagraph if—
(i) the State has not adopted Federal
truth-in-sentencing guidelines under sec-
tion 20104 of the Violent Crime Control
and Law Enforcement Act of 1994 (42
U.S.C. 13704);
(ii) the average term of imprisonment
imposed by the State on individuals con-
victed of the offense for which the indi-
vidual described in subparagraph (A) or
(B), as applicable, was convicted by the
State is less than 10 percent above the av-
erage term of imprisonment imposed for
that offense in all States; or
(iii) with respect to the individual de-
scribed in subparagraph (A) or (B), as ap-
plicable, the individual had served less
than 85 percent of the term of imprison-
ment to which that individual was sen-
tenced for the prior offense.
(2) STATE APPLICATIONS.—In order to receive
an amount transferred under paragraph (1), the
chief executive of a State shall submit to the Attor-
ney General an application, in such form and con-
taining such information as the Attorney General
may reasonably require, which shall include a certifi-
cation that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who
has a prior conviction for one of those offenses in
another State.
(3) SOURCE OF FUNDS.—Any amount trans-
ferred under paragraph (1) shall be derived by re-
ducing the amount of Federal law enforcement as-
sistance funds received by the State that convicted
such individual of the prior offense before the dis-
tribution of the funds to the State. The Attorney
General, in consultation with the chief executive of
the State that convicted such individual of the prior
offense, shall establish a payment schedule.
(4) CONSTRUCTION.—Nothing in this sub-
section may be construed to diminish or otherwise
affect any court ordered restitution.
(5) EXCEPTION.—This subsection does not
apply if the individual convicted of murder, rape, or
a dangerous sexual offense has been released from
prison upon the reversal of a conviction for an of-
fense described in paragraph (1) and subsequently
been convicted for an offense described in paragraph
(1).
(d) COLLECTION OF RECIDIVISM DATA.—
(1) IN
GENERAL.—Beginning with calendar
year 1999, and each calendar year thereafter, the
Attorney General shall collect and maintain informa-
tion relating to, with respect to each State—
(A) the number of convictions during that
calendar year for murder, rape, and any sex of-
fense in the State in which, at the time of the
offense, the victim had not attained the age of
14 years and the offender had attained the age
of 18 years; and
(B) the number of convictions described in
subparagraph (A) that constitute second or
subsequent convictions of the defendant of an
offense described in that subparagraph.
(2) REPORT.—Not later than March 1, 2000,
and on March 1 of each year thereafter, the Attor-
ney General shall submit to Congress a report,
which shall include—
(A) the information collected under para-
graph (1) with respect to each State during the
preceding calendar year; and
(B) the percentage of cases in each State
in which an individual convicted of an offense
described in paragraph (1)(A) was previously
convicted of another such offense in another
State during the preceding calendar year.
SEC. 104. MANDATORY LIFE IMPRISONMENT FOR REPEAT
SEX OFFENDERS AGAINST CHILDREN.
(a) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Section 3559 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) MANDATORY LIFE IMPRISONMENT
FOR RE-
PEATED SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted
of a Federal sex offense in which a minor is the vic-
tim shall be sentenced to life imprisonment if the
person has a prior sex conviction in which a minor
was the victim, unless the sentence of death is im-
posed.
‘‘(2) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) the term ‘Federal sex offense’ means
an offense under section 2241 (relating to ag-
gravated sexual abuse), 2242 (relating to sexual
abuse), 2243 (relating to sexual abuse of a
minor or ward), 2244 (relating to abusive sex-
ual contact), 2245 (relating to sexual abuse re-
sulting in death), or 2251A (relating to selling
or buying of children), or an offense under sec-
tion 2423 (relating to transportation of minors)
involving the transportation of, or the engage-
ment in a sexual act with, an individual who
has not attained 16 years of age;
‘‘(B) the term ‘prior sex conviction’ means
a conviction for which the sentence was imposed
before the conduct occurred forming the basis
for the subsequent Federal sex offense, and
which was for either—
‘‘(i) a Federal sex offense; or
‘‘(ii) an offense under State law con-
sisting of conduct that would have been a
Federal sex offense if, to the extent or in
the manner specified in the applicable pro-
vision of title 18, United States Code—
‘‘(I) the offense involved inter-
state or foreign commerce, or the use
of the mails; or
‘‘(II) the conduct occurred in any
commonwealth, territory, or posses-
sion of the United States, within the
special maritime and territorial juris-
diction of the United States, in a Fed-
eral prison, on any land or building
owned by, leased to, or otherwise used
by or under the control of the Govern-
ment of the United States, or in the
Indian country as defined in section
1151;
‘‘(C) the term ‘minor’ means any person
under the age of 18 years; and
‘‘(D) the term ‘State’ means a State of the
United States, the District of Columbia, and
any commonwealth, territory, or possession of
the United States.’’.
(b) TITLE 18 CONFORMING AND TECHNICAL AMEND-
MENTS.—
(1) SECTION 2247.—Section 2247 of title 18,
United States Code, is amended by inserting ‘‘, un-
less section 3559(e) applies’’ before the final period.
(2) SECTION 2426.—Section 2426 of title 18,
United States Code, is amended by inserting ‘‘, un-
less section 3559(e) applies’’ before the final period.
(3) 
TECHNICAL
AMENDMENTS.—Sections
2252(c)(1) and 2252A(d)(1) of title 18, United
States Code, are each amended by striking ‘‘less
than three’’ and inserting ‘‘fewer than 3’’.
SEC. 105. INCREASE OF AGE RELATING TO TRANSFER OF
OBSCENE MATERIAL.
Section 1470 of title 18, United States Code, is
amended by striking ‘‘16’’ each place it appears and in-
serting ‘‘18’’.
SEC. 106. CHILD HOSTAGE-TAKING TO EVADE ARREST OR
OBSTRUCT JUSTICE.
(a) IN GENERAL.—Chapter 55 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1205. Child hostage-taking to evade arrest or ob-
struct justice
‘‘(a) IN GENERAL.—Whoever uses force or threatens
to use force against any officer or agency of the Federal
Government, and seizes or detains, or continues to detain,
a child in order to—
‘‘(1) obstruct, resist, or oppose any officer of
the United States, or other person duly authorized,
in serving, or attempting to serve or execute, any
legal or judicial writ, process, or warrant of any
court of the United States; or
‘‘(2) compel any department or agency of the
Federal Government to do or to abstain from doing
any act,
or attempts to do so, shall be punished in accordance with
subsection (b).
‘‘(b) SENTENCING.—Any person who violates sub-
section (a)—
‘‘(1) shall be imprisoned not less than 10 years
and not more than 25 years;
‘‘(2) if injury results to the child as a result of
the violation, shall be imprisoned not less than 20
years and not more than 35 years; and
‘‘(3) if death results to the child as a result of
the violation, shall be subject to the penalty of death
or be imprisoned for life.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘child’ means an individual who has not attained the
age of 18 years.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 55 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1205. Child hostage-taking to evade arrest or obstruct justice.’’.
SEC. 107. PROHIBITION ON TRANSFERRING TO JUVENILE A
FIREARM THAT THE TRANSFEROR KNOWS OR
HAS REASON TO BELIEVE WILL BE USED IN A
SCHOOL ZONE OR IN A SERIOUS VIOLENT
FELONY.
(a) PROHIBITION.—Section 922 of title 18, United
States Code, is amended by inserting after subsection (y)
the following:
‘‘(z)(1) It shall be unlawful for a person to sell, de-
liver, or otherwise transfer any firearm to a person who
the transferor knows or has reasonable cause to believe
is a juvenile, and knowing or having reasonable cause to
believe that the juvenile intends to possess, discharge, or
otherwise use the firearm in a school zone.
‘‘(2) It shall be unlawful for a person to sell, deliver,
or otherwise transfer any firearm to a person who the
transferor knows or has reasonable cause to believe is a
juvenile, and knowing or having reasonable cause to be-
lieve that the juvenile intends to possess, discharge, or oth-
erwise use the firearm in the commission of a serious vio-
lent felony.
‘‘(3) For purposes of this subsection, the term ‘juve-
nile’ means an individual who has not attained 18 years
of age.’’.
(b) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(7)(A) A person, other than a juvenile, who violates
section 922(z)(1) shall be fined under this title, impris-
oned as provided in section 924(a)(6)(B)(ii), or both.
‘‘(B) A person, other than a juvenile, who violates
section 922(z)(2) shall be fined under this title, impris-
oned as provided in section 924(a)(6)(B)(iii), or both.’’.
SEC. 108. DISTRICT JUDGES FOR DISTRICTS IN THE STATES
OF ARIZONA, FLORIDA, AND NEVADA.
(a) SHORT TITLE.—This section may be cited as the
‘‘Emergency Federal Judgeship Act of 1999’’.
(b) IN GENERAL.—The President shall appoint, by
and with the advice and consent of the Senate—
(1) three additional district judges for the dis-
trict of Arizona;
(2) four additional district judges for the mid-
dle district of Florida; and
(3) two additional district judges for the district
of Nevada.
(c) TABLES.—In order that the table contained in
section 133 of title 28, United States Code, will reflect
the changes in the total number of permanent district
judgeships authorized as a result of subsection (a) of this
section—
(1) the item relating to Arizona in such table
is amended to read as follows:
‘‘Arizona ....................................................................................................
11’’;
(2) the item relating to Florida in such table is
amended to read as follows:
‘‘Florida:
Northern ...........................................................................................
Middle ...............................................................................................
Southern ............................................................................................
16’’;
and
(3) the item relating to Nevada in such table is
amended to read as follows:
‘‘Nevada ....................................................................................................
6’’.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, in-
cluding such sums as may be necessary to provide appro-
priate space and facilities for the judicial positions created
by this section.
SEC. 109. YOUTH CRIME GUN INTERDICTION INITIATIVE
(YCGII).
(a) IN GENERAL.—The Secretary of the Treasury
shall expand—
(1) to 75 the number of city and county law en-
forcement agencies that through the Youth Crime
Gun Interdiction Initiative (referred to in this sec-
tion as YCGII) submit identifying information relat-
ing to all firearms recovered during law enforcement
investigations, including from individuals under 25,
to the Secretary of the Treasury to identify the
types and origins of such firearms; and
(2) the resources devoted to law enforcement
investigations of illegal youth possessors and users
and of illegal firearms traffickers identified through
YCGII, including through the hiring of additional
agents, inspectors, intelligence analysts, and support
personnel.
(b) SELECTION OF PARTICIPANTS.—The Secretary of
the Treasury, in consultation with Federal, State, and
local law enforcement officials, shall select cities and coun-
ties for participation in the program under this section.
(c) ESTABLISHMENT OF SYSTEM.—The Secretary of
the Treasury shall establish a system through which State
and local law enforcement agencies, through online com-
puter technology, can promptly provide firearms-related
information to the Secretary of the Treasury and access
information derived through YCGII as soon as such capa-
bility is available. Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit
to the Chairman and ranking Member of the Committees
on Appropriations of the House of Representatives and the
Senate, a report explaining the capacity to provide such
online access and the future technical and, if necessary,
legal changes required to make such capability available,
including cost estimates.
(d) REPORT.—Not later than 1 year after the date
of the enactment of this section, and annually thereafter,
the Secretary of the Treasury shall submit to the Chair-
man and ranking Member of the Committees on Appro-
priations of the House of Representatives and the Senate
a report regarding the types and sources of firearms recov-
ered from individuals, including those under the age of
25; regional, State, and national firearms trafficking
trends; and the number of investigations and arrests re-
sulting from YCGII.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Department of
the Treasury to carry out this section $50,000,000 for fis-
cal year 2000 and such sums as may be necessary for fis-
cal years 2001 through 2004.
SEC. 110. LIMITATION ON PRISONER RELEASE ORDERS.
(a) IN GENERAL.—Chapter 99 of title 28, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1632. Limitation on prisoner release orders
‘‘(a) 
LIMITATION.—Notwithstanding 
section
3626(a)(3) of title 18 or any other provision of law, in
a civil action with respect to prison conditions, no court
of the United States or other court listed in section 610
shall have jurisdiction to enter or carry out any prisoner
release order that would result in the release from or non-
admission to a prison, on the basis of prison conditions,
of any person subject to incarceration, detention, or ad-
mission to a facility because of a conviction of a felony
under the laws of the relevant jurisdiction, or a violation
of the terms or conditions of parole, probation, pretrial
release, or a diversionary program, relating to the commis-
sion of a felony under the laws of the relevant jurisdiction.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘civil action with respect to pris-
on conditions’, ‘prisoner’, ‘prisoner release order’,
and ‘prison’ have the meanings given those terms in
section 3626(g) of title 18; and
‘‘(2) the term ‘prison conditions’ means condi-
tions of confinement or the effects of actions by gov-
ernment officials on the lives of persons confined in
prison.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 99 of title 28, United States Code, is
amended by adding at the end the following new item:
‘‘1632. Limitation on prisoner release orders.’’.
(c) CONSENT DECREES.—
(1) TERMINATION OF EXISTING CONSENT DE-
CREES.—Any consent decree that was entered into
before the date of the enactment of the Prison Liti-
gation Reform Act of 1995, that is in effect on the
day before the date of the enactment of this Act,
and that provides for remedies relating to prison
conditions shall cease to be effective on the date of
the enactment of this Act.
(2) 
DEFINITIONS.—As 
used 
in 
this
subsection—
(A) the term ‘‘consent decree’’ has the
meaning given that term in section 3626(g) of
title 18, United States Code; and
(B) the term ‘‘prison conditions’’ has the
meaning given that term in section 1632(c) of
title 28, United States Code, as added by sub-
section (a) of this section.
SEC. 111. FINDINGS.
The Congress finds that—
(1) more than 40,000 laws regulating the sale,
possession, and use of firearms currently exist at the
Federal, State, and local level;
(2) there have been an extremely low number of
prosecutions for Federal firearms violations;
(3) programs such a Project Exile have suc-
ceeded in dramatically decreasing homicide and gun-
related crimes; and
(4) enhanced punishment and aggressive pros-
ecution for crimes committed with firearms, or pos-
sessing a firearm during commission of a crime, are
common sense solutions to deter gun violence.
SEC. 112. CONSTITUTIONALITY OF MEMORIAL SERVICES
AND MEMORIALS AT PUBLIC SCHOOLS.
(a) FINDINGS.—The Congress of the United States
finds that the saying of a prayer, the reading of a scrip-
ture, or the performance of religious music, as part of a
memorial service that is held on the campus of a public
school in order to honor the memory of any person slain
on that campus does not violate the First Amendment to
the Constitution of the United States, and that the design
and construction of any memorial which includes religious
symbols, motifs, or sayings that is placed on the campus
of a public school in order to honor the memory of any
person slain on that campus does not violate the First
Amendment to the Constitution of the United States.
(b) LAWSUITS.—In any lawsuit claiming that the
type of memorial or memorial service described in sub-
section (a) violates the Constitution of the United
States—
(1) each party shall pay its own attorney’s fee
and costs, notwithstanding any other provision of
law; and
(2) the Attorney General is authorized to pro-
vide legal assistance to the school district or other
government entity that is defending the legality of
such memorial service.
SEC. 113. SENSE OF THE CONGRESS WITH REGARD TO VIO-
LENCE AND THE ENTERTAINMENT INDUS-
TRY.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Incidents of tragic school violence have risen
over the past few years.
(2) Our children are being desensitized by the
increase of gun violence shown on television, movies,
and video games.
(3) According to the American Medical Associa-
tion, by the time an average child reaches age 18,
he or she has witnessed more than 200,000 acts of
violence on television, including 16,000 murders.
(4) Children who listen to explicit music lyrics,
play video ‘‘killing’’ games, or go to violent action
movies get further brainwashed into thinking that
violence is socially acceptable and without con-
sequence.
(5) No industry does more to glorify gun vio-
lence than some elements of the motion picture in-
dustry.
(6) Children are particularly susceptible to the
influence of violent subject matter.
(7) The entertainment industry uses wanton vi-
olence in its advertising campaigns directed at young
people.
(8) Alternatives should be developed and con-
sidered to discourage the exposure of children to vio-
lent subject matter.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the entertainment industry—
(1) has been irresponsible in the development of
its products and the marketing of those products to
America’s youth;
(2) must recognize the power and influence it
has over the behavior of our Nation’s youth; and
(3) must do everything in its power to stop
these portrayals of pointless acts of brutality by im-
mediately eliminating gratuitous violence in movies,
television, music, and video games.
SEC. 114. RELIGIOUS NONDISCRIMINATION.
The Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting
before title III the following:
‘‘RELIGIOUS NONDISCRIMINATION
‘‘SEC. 299J. (a) A governmental entity that receives
a grant under this title and that is authorized by this title
to carry out the purpose for which such grant is made
through contracts with, or grants to, nongovernmental en-
tities may use such grant to carry out such purpose
through contracts with or grants to religious organiza-
tions.
‘‘(b) For purposes of subsection (a), subsections (b)
through (k) of section 104 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (42
U.S.C. 604a) shall apply with respect to the use of a grant
received by such entity under this title in the same manner
as such subsections apply to States with respect to a pro-
gram described in section 104(a)(2)(A) of such Act.’’.
SEC. 115. STUDY OF MARKETING PRACTICES OF THE FIRE-
ARMS INDUSTRY.
(a) IN GENERAL.—The Federal Trade Commission
and the Attorney General shall jointly conduct a study of
the marketing practices of the firearms industry with re-
spect to children.
(b) ISSUES EXAMINED.—In conducting the study
under subsection (a), the Commission and the Attorney
General shall examine the extent to which the firearms
industry advertises and promotes its products to minors,
including in media outlets in which minors comprise a sub-
stantial percentage of the audience.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Commission and the At-
torney General shall submit to Congress a report on the
study conducted under subsection (a).
SEC. 116. SURGEON GENERAL REVIEW OF EFFECT ON JU-
VENILES OF VIOLENCE IN MEDIA.
(a) FINDINGS.—The Congress finds the following:
(1) the tragic killings at a high school in Colo-
rado remind us that violence in America continues to
occur at unacceptable levels for a civilized society;
(2) the relationship of violent messages deliv-
ered through such popular media as television, radio,
film, recordings, video games, advertising, the Inter-
net, and other outlets of mass culture, to self-de-
structive or violent behavior by children or young
adults towards themselves, such as suicide, or to vio-
lence directed at others, has been studied intensely
both by segments of the media industry itself and by
academic institutions;
(3) the same media used to deliver messages
which harm our children can also be used to deliver
messages which promote positive behavior;
(4) much of this research has occurred in the
17 years since the last major review and report of
the literature was assembled by the National Insti-
tute on Mental Health published in 1982;
(5) the Surgeon General of the United States
last issued a comprehensive report on violence and
the media in 1972; and
(6) the number, pervasiveness, and sophistica-
tion of technological avenues for delivering messages
through the media to young people has expanded
rapidly since these two reports.
(b) COMPREHENSIVE REVIEW REQUIRED.—The Sur-
geon General, in cooperation with the National Institute
of Mental Health, and such other sources of expertise as
the Surgeon General deems appropriate, shall undertake
a comprehensive review of published research, analysis,
studies, and other sources of reliable information con-
cerning the impact on the health and welfare of children
and young adults of violent messages delivered through
such popular media as television, radio, recordings, video
games, advertising, the Internet, and other outlets of mass
culture.
(c) REPORT.—The Surgeon General shall issue a re-
port based on the review required by subsection (b). Such
report shall include, but not be limited to, findings and
recommendations concerning what can be done to mitigate
any harmful affects on children and young adults from
the violent messages described in such subsection, and the
identification of gaps in the research that should be filled.
(d) DEADLINES.—The review required by subsection
(b) shall be completed in no more than 1 year, and the
report required by subsection (c) shall be issued no later
than 6 months following completion of the review.
SEC. 117. AMENDMENTS TO JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION ACT OF 1974.
Section 223(a)(10) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(a)(10))
is amended—
(1) in subparagraph (N) by striking ‘‘and’’ at
the end;
(2) in subparagraph (O) by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(P) programs that provide for improved
security at schools and on school grounds, in-
cluding the placement and use of metal detec-
tors and other deterrent measures; and
‘‘(Q)(i) one-on-one mentoring programs
that are designed to link at-risk juveniles and
juvenile offenders, particularly juveniles resid-
ing in high-crime areas and juveniles experi-
encing educational failure, with responsible
adults (such as law enforcement officers, adults
working with local businesses, and adults work-
ing with community-based organizations and
agencies) who are properly screened and
trained; or
‘‘(ii) programs to promote or develop part-
nerships with established mentoring programs,
including programs operated by nonprofit,
faith-based, business, or community organiza-
tions to provide positive adult role models and
meaningful activities for juveniles offenders, in-
cluding violent juvenile offenders.’’.
SEC. 118. AMENDMENTS TO THE INDIVIDUALS WITH DIS-
ABILITIES EDUCATION ACT.
(a) PLACEMENT
IN ALTERNATIVE EDUCATIONAL
SETTING.—Section 615(k) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1415(k)) is amended—
(1) by redesignating paragraph (10) as para-
graph (11); and
(2) by inserting after paragraph (9) the fol-
lowing:
‘‘(10) DISCIPLINE
WITH
REGARD
TO
WEAP-
ONS.—
‘‘(A) 
AUTHORITY
OF
SCHOOL
PER-
SONNEL.—Notwithstanding any other provision
of this Act, school personnel may discipline (in-
cluding expel or suspend) a child with a dis-
ability who carries or possesses a weapon to or
at a school, on school premises, or to or at a
school function, under the jurisdiction of a
State or a local educational agency, in the same
manner in which such personnel may discipline
a child without a disability. Such personnel may
modify the disciplinary action on a case-by-case
basis.
‘‘(B) RULE OF CONSTRUCTION.—Nothing
in subparagraph (A) shall be construed to pre-
vent a child with a disability who is disciplined
pursuant to the authority provided under sub-
paragraph (A) from asserting a defense that
the carrying or possession of the weapon was
unintentional or innocent.
‘‘(C) FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—
‘‘(i) CEASING
TO
PROVIDE
EDU-
CATION.—Notwithstanding 
section
612(a)(1)(A), a child expelled or suspended
under subparagraph (A) shall not be enti-
tled to continue educational services, in-
cluding a free appropriate public edu-
cation, under this title, during the term of
such expulsion or suspension, if the State
in which the local educational agency re-
sponsible for providing educational services
to such child does not require a child with-
out a disability to receive educational serv-
ices after being expelled or suspended.
‘‘(ii) PROVIDING
EDUCATION.—Not-
withstanding clause (i), the local edu-
cational agency responsible for providing
educational services to a child with a dis-
ability who is expelled or suspended under
subparagraph (A) may choose to continue
to provide educational services to such
child. If the local educational agency so
chooses 
to 
continue 
to 
provide 
the
services—
‘‘(I) nothing in this title shall re-
quire the local educational agency to
provide such child with a free appro-
priate public education, or any par-
ticular level of service; and
‘‘(II) the location where the local
educational agency provides the serv-
ices shall be left to the discretion of
the local educational agency.
‘‘(D) RELATIONSHIP TO OTHER REQUIRE-
MENTS.—
‘‘(i) PLAN REQUIREMENTS.—No agen-
cy shall be considered to be in violation of
section 612 or 613 because the agency has
provided discipline, services, or assistance
in accordance with this paragraph.
‘‘(ii) 
PROCEDURE.—Actions 
taken
pursuant to this paragraph shall not be
subject to the provisions of this section,
other than this paragraph.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
615(f)(1) of the Individuals with Disabilities Education
Act (20 U.S.C. 1415(f)(1)) is amended by striking
‘‘Whenever’’ and inserting the following: ‘‘Except as pro-
vided in section 615(k)(10), whenever’’.
(2) Section 615(k)(1)(A)(ii) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii))
is amended by striking ‘‘but for not more than 45 days
if—’’ and all that follows through ‘‘(II) the child know-
ingly possesses or uses illegal drugs’’ and inserting ‘‘but
for not more than 45 days if the child knowingly possesses
or uses illegal drugs’’.
SEC. 119. EVALUATION BY GENERAL ACCOUNTING OFFICE.
(a) EVALUATION.—Not later than October 1, 2002,
the Comptroller General of the United States shall con-
duct a comprehensive analysis and evaluation regarding
the performance of the Office of Juvenile Justice Delin-
quency and Prevention, its functions, its programs, and
its grants under specified criteria, and shall submit the
report required by subsection (b). In conducting the anal-
ysis and evaluation, the Comptroller General shall take
into consideration the following factors to document the
efficiency and public benefit of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.), excluding the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.) and the Missing Children’s As-
sistance Act (42 U.S.C. 5771 et seq.):
(1) The outcome and results of the programs
carried out by the Office of Juvenile Justice and De-
linquency 
Prevention 
and 
those 
administered
through grants by Office of Juvenile Justice and De-
linquency Prevention.
(2) The extent to which the agency has com-
plied with the provisions contained in the Govern-
ment Performance and Results Act of 1993 (Public
Law 103–62; 107 Stat. 285).
(3) The extent to which the jurisdiction of, and
the programs administered by, the agency duplicate
or conflict with the jurisdiction and programs of
other agencies.
(4) The potential benefits of consolidating pro-
grams administered by the agency with similar or
duplicative programs of other agencies, and the po-
tential for consolidating such programs.
(5) Whether the agency has acted outside the
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved.
(6) Whether less restrictive or alternative meth-
ods exists to carry out the functions of the agency.
Whether present functions or operations are im-
peded or enhanced by existing, statutes, rules, and
procedures.
(7) The number and types of beneficiaries or
persons served by programs carried out under the
Act.
(8) The extent to which any trends or emerging
conditions that are likely to affect the future nature
and the extent of the problems or needs the pro-
grams carried out by the Act are intended to ad-
dress.
(9) The manner with which the agency seeks
public input and input from State and local govern-
ments on the performance of the functions of the
agency.
(10) Whether the agency has worked to enact
changes in the law intended to benefit the public as
a whole rather than the specific businesses, institu-
tions, or individuals the agency regulates or funds.
(11) The extent to which the agency grants
have encouraged participation by the public as a
whole in making its rules and decisions rather than
encouraging participation solely by those it regu-
lates.
(12) The extent to which the agency complies
with section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’).
(13) The impact of any regulatory, privacy, and
paperwork concerns resulting from the programs
carried out by the agency.
(14) The extent to which the agency has coordi-
nated with state and local governments in per-
forming the functions of the agency.
(15) Whether greater oversight is needed of
programs developed with grants made by the Office
of Juvenile Justice and Delinquency Prevention.
(16) The extent to which changes are necessary
in the authorizing statutes of the agency in order
that the functions of the agency can be performed
in a more efficient and effective manner.
(b) REPORT.—The report required by subsection (a)
shall—
(1) include recommendations for legislative
changes, as appropriate, based on the evaluation
conducted under subsection (a), to be made to the
Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.), excluding the Run-
away and Homeless Youth Act (42 U.S.C. 5701 et
seq.) and the Missing Children’s Assistance Act (42
U.S.C. 5771 et seq.); and
(2) shall be submitted, together with supporting
materials, to the Speaker of the House of Represent-
atives and the President pro tempore of the Senate,
and made available to the public, not later than Oc-
tober 1, 2003.
SEC. 120. CONTINGENT WIND-DOWN AND REPEAL OF JUVE-
NILE JUSTICE AND DELINQUENCY PREVEN-
TION ACT OF 1974.
If funds are not authorized before October 1, 2004,
to be appropriated to carry out title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5611–5676) for fiscal year 2005, then—
(1) effective October 1, 2004—
(A) sections 205, 206, and 299; and
(B) parts B, C, D, E, F, G, H, and I,
of the Juvenile Justice and Delinquency Prevention
Act of 1974 are repealed; and
(2) effective October 1, 2005—
(A) the first section; and
(B) titles I and II,
of the Juvenile Justice and Delinquency Prevention
Act of 1974 are repealed.
TITLE II—JUVENILE JUSTICE
REFORM
SEC. 201. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
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 or Indian tribal au-
thorities, but if not so surrendered, shall be proceeded
against as a juvenile under this subsection or tried as an
adult in the circumstances described in subsections (b)
and (c).
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if—
‘‘(A) the alleged offense or act of juvenile delin-
quency is committed within the special maritime and
territorial jurisdiction of the United States and is
one for which the maximum authorized term of im-
prisonment does not exceed 6 months; or
‘‘(B) the Attorney General, after investigation,
certifies to the appropriate United States district
court that—
‘‘(i) the juvenile court or other appropriate
court of a State or Indian tribe does not have
jurisdiction or declines to assume jurisdiction
over the juvenile with respect to the alleged act
of juvenile delinquency; or
‘‘(ii) there is a substantial Federal interest
in the case or the offense to warrant the exer-
cise of Federal jurisdiction.
‘‘(3) If the Attorney General does not so certify or
does not have authority to try such juvenile as an adult,
such juvenile shall be surrendered to the appropriate legal
authorities of such State or tribe.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is proceeded against as a juvenile
under 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, and shall be open
to the public, except that the court may exclude all or
some members of the public, other than a victim unless
the victim is a witness in the determination of guilt or
innocence, if required by the interests of justice or if other
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)(1) Except as provided in paragraph (2), a juve-
nile shall be prosecuted as an adult—
‘‘(A) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(B) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 14 years
which if committed by an adult would be a serious
violent felony or a serious drug offense described in
section 3559(c) of this title, or a conspiracy or at-
tempt to commit that felony or offense, which is
punishable under section 406 of the Controlled Sub-
stances Act (21 U.S.C. 846), or section 1013 of the
Controlled Substances Import and Export Act (21
U.S.C. 963).
‘‘(2) The requirements of paragraph (1) do not apply
if the Attorney General certifies to the appropriate United
States district court that the interests of public safety are
best served by proceeding against the juvenile as a juve-
nile.
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act after
the juvenile has attained the age of 13 years which if com-
mitted by a juvenile after the juvenile attained the age
of 14 years would require that the juvenile be prosecuted
as an adult under subsection (b), upon approval of the
Attorney General.
‘‘(2) The Attorney General shall not delegate the au-
thority to give the approval required under paragraph (1)
to an officer or employee of the Department of Justice
at a level lower than a Deputy Assistant Attorney General.
‘‘(3) Such approval shall not be granted, with respect
to a juvenile who has not attained the age of 14 and who
is subject to the criminal jurisdiction of an Indian tribal
government and who is alleged to have committed an act
over which, if committed by an adult, there would be Fed-
eral jurisdiction based solely on its commission in Indian
country (as defined in section 1151), unless the governing
body of the tribe having jurisdiction over the place in
which the alleged act was committed has before such act
notified the Attorney General in writing of its election that
prosecution may take place under this subsection.
‘‘(4) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act which
is not described in subsection (b)(1)(B) after the juvenile
has attained the age of 14 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 subsection (a)(4) or (6),
(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
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 offense
which is punishable under section 1013 of the
Controlled Substances Import and Export Act
(21 U.S.C. 963).
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c), and a determination to file or not to
file, and the contents of, a certification under subsection
(a) or (b) shall not be reviewable in any court.
‘‘(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) The Attorney General shall annually report to
Congress—
‘‘(1) the number of juveniles adjudicated delin-
quent or tried as adults in Federal court;
‘‘(2) the race, ethnicity, and gender of those ju-
veniles;
‘‘(3) the number of those juveniles who were
abused or neglected by their families, to the extent
such information is available; and
‘‘(4) the number and types of assault crimes,
such as rapes and beatings, committed against juve-
niles while incarcerated in connection with the adju-
dication or conviction.
‘‘(g) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted by an adult, a federally recognized tribe; and
‘‘(2) the term ‘serious violent felony’ has the
same 
meaning 
given 
that 
term 
in 
section
3559(c)(2)(F)(i).’’.
SEC. 202. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. 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. 203. 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
third paragraph and inserting ‘‘if’’;
(3)(A) by designating the three paragraphs as
paragraphs (1), (2), and (3), respectively; and
(B) by moving such designated paragraphs 2
ems to the right; and
(4) by inserting at the beginning of such section
before those paragraphs the following:
‘‘In a proceeding under section 5032(a)—’’.
SEC. 204. DETENTION PRIOR TO DISPOSITION OR SEN-
TENCING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a) A juvenile alleged to be delinquent or a juvenile
being prosecuted as an adult, if detained at any time prior
to sentencing, shall be detained in such suitable place as
the Attorney General may designate. Whenever appro-
priate, detention shall be in a foster home or community
based facility. Preference shall be given to a place located
within, or within a reasonable distance of, the district in
which the juvenile is being prosecuted.
‘‘(b) To the maximum extent feasible, a juvenile pros-
ecuted pursuant to subsection (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 per-
sons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) A juvenile who is proceeded against under sec-
tion 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.
‘‘(d) 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.’’.
SEC. 205. 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. 206. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a), if the
court finds a juvenile to be a juvenile delinquent, the court
shall hold a hearing concerning the appropriate disposition
of the juvenile no later than 40 court days after the find-
ing of juvenile delinquency, unless the court has ordered
further study pursuant to subsection (e). A predisposition
report shall be prepared by the probation officer who shall
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the Government. Victim im-
pact information shall be included in the report, and vic-
tims, 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 the sanctions recommended pursuant to
subsection (f), the court shall impose an appropriate sanc-
tion, including the ordering of restitution pursuant to sec-
tion 3556 of this title. The court may order the juvenile’s
parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and
may issue orders directed to such parent, guardian, custo-
dian regarding conduct with respect to the juvenile. With
respect to release or detention pending an appeal or a peti-
tion for a writ of certiorari after disposition, the court
shall proceed pursuant to 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) if the juvenile had been tried and
convicted as an adult. Sections 3563, 3564, and 3565 are
applicable to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser 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 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 5 years. Subsections (c) through
(i) of section 3583 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
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 study
of all matters relevant to the alleged or adjudicated delin-
quent behavior and the court’s inquiry. The Attorney Gen-
eral shall submit to the court and the attorneys for the
juvenile and the Government the results of the study with-
in 30 days after the commitment of the juvenile, unless
the court grants additional time. Time spent in custody
under this subsection shall be excluded for purposes of sec-
tion 5036.
‘‘(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
‘‘(2) Such list shall—
‘‘(A) be comprehensive in nature and encom-
pass punishments of varying levels of severity;
‘‘(B) include terms of confinement; and
‘‘(C) provide punishments that escalate in se-
verity with each additional or subsequent more seri-
ous delinquent conduct.’’.
(b) EFFECTIVE DATE.—The Sentencing Commission
shall develop the list required pursuant to section 5037(f),
as amended by subsection (a), not later than 180 days
after the date of the enactment of this Act.
(c) CONFORMING AMENDMENT
TO ADULT SEN-
TENCING SECTION.—Section 3553 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN CERTAIN PROSECUTIONS
OF PERSONS
UNDER THE AGE OF 16.—Notwithstanding any other pro-
vision of law, in the case of a defendant convicted for con-
duct that occurred before the juvenile attained the age of
16 years, the court shall impose a sentence without regard
to any statutory minimum sentence, if the court finds at
sentencing, after affording the Government an 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)(1)(B).’’.
SEC. 207. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5038. Juvenile records and fingerprinting
‘‘(a)(1) Throughout and upon the completion of the
juvenile delinquency proceeding under section 5032(a), the
court shall keep a record relating to the arrest and adju-
dication that is—
‘‘(A) equivalent to the record that would be
kept of an adult arrest and conviction for such an
offense; and
‘‘(B) retained for a period of time that is equal
to the period of time records are kept for adult con-
victions.
‘‘(2) Such records shall be made available for official
purposes, including communications with any victim or, in
the case of a deceased victim, such victim’s representative,
or school officials, and to the public to the same extent
as court records regarding the criminal prosecutions of
adults are available.
‘‘(b) The Attorney General shall establish guidelines
for fingerprinting and photographing a juvenile who is the
subject of any proceeding authorized under this chapter.
Such guidelines shall address the availability of pictures
of any juvenile taken into custody but not prosecuted as
an adult. Fingerprints and photographs of a juvenile who
is prosecuted as an adult shall be made available in the
manner applicable to adult offenders.
‘‘(c) 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
court shall transmit to the Federal Bureau of Investiga-
tion the information concerning the adjudication, includ-
ing name, date of adjudication, court, offenses, and sen-
tence, along with the notation that the matter was a juve-
nile adjudication.
‘‘(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
SEC. 208. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) ELIMINATION
OF PRONOUNS.—Sections 5031
and 5034 of title 18, United States Code, are each amend-
ed by striking ‘‘his’’ each place it appears and inserting
‘‘the juvenile’s’’.
(b) UPDATING OF REFERENCE.—Section 5034 of
title 18, United States Code, is amended—
(1) in the heading of such section, by striking
‘‘magistrate’’ and inserting ‘‘judicial officer’’;
and
(2) by striking ‘‘magistrate’’ each place it ap-
pears and inserting ‘‘judicial officer’’.
SEC. 209. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER 403.
The heading and the table of sections at the begin-
ning of chapter 403 of title 18, United States Code, is
amended to read as follows:
‘‘CHAPTER 403—JUVENILE DELINQUENCY
‘‘Sec.
‘‘5031. Definitions.
‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.
‘‘5033. Custody prior to appearance before judicial officer.
‘‘5034. Duties of judicial officer.
‘‘5035. Detention prior to disposition or sentencing.
‘‘5036. Speedy trial.
‘‘5037. Disposition.
‘‘5038. Juvenile records and fingerprinting.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE III—EFFECTIVE ENFORCE-
MENT 
OF 
FEDERAL 
FIRE-
ARMS LAWS
SEC. 301. ARMED CRIMINAL APPREHENSION PROGRAM.
(a) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Attorney General
shall establish in the office of each United States Attorney
a program that meets the requirements of subsections (b)
and (c). The program shall be known as the ‘‘Armed
Criminal Apprehension Program’’.
(b) PROGRAM REQUIREMENTS.—In the office of each
United States Attorney, the program established under
subsection (a) shall—
(1) provide for coordination with State and
local law enforcement officials in the identification of
violations of Federal firearms laws;
(2) provide for the establishment of agreements
with State and local law enforcement officials for the
referral to the Bureau of Alcohol, Tobacco, and
Firearms and the United States Attorney for pros-
ecution of persons arrested for violations of chapter
44 of title 18, United States Code, or section
5861(d) or 5861(h) of the Internal Revenue Code of
1986, relating to firearms;
(3) require that the United States Attorney
designate not less than one Assistant United States
Attorney to prosecute violations of Federal firearms
laws;
(4) provide for the hiring of agents for the Bu-
reau of Alcohol, Tobacco, and Firearms to inves-
tigate violations of the provisions referred to in
paragraph (2); and
(5) ensure that each person referred to the
United States Attorney under paragraph (2) be
charged with a violation of the most serious Federal
firearm offense consistent with the act committed.
(c) PUBLIC EDUCATION CAMPAIGN.—As part of the
program, each United States Attorney shall carry out, in
cooperation with local civic, community, law enforcement,
and religious organizations, an extensive media and public
outreach campaign focused in high-crime areas to—
(1) educate the public about the severity of pen-
alties for violations of Federal firearms laws; and
(2) encourage law-abiding citizens to report the
possession of illegal firearms to authorities.
(d) WAIVER AUTHORITY.—
(1) REQUEST FOR WAIVER.—A United States
attorney may request the Attorney General to waive
the requirements of subsection (b) with respect to
the United States attorney.
(2) PROVISION
OF
WAIVER.—The Attorney
General may waive the requirements of subsection
(b) pursuant to a request made under paragraph
(1), in accordance with guidelines which shall be es-
tablished by the Attorney General. In establishing
the guidelines, the Attorney General shall take into
consideration the number of assistant United States
attorneys in the office of the United States attorney
making the request and the level of violent youth
crime committed in the district for which the United
States attorney is appointed.
SEC. 302. ANNUAL REPORTS.
Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Attorney General
shall submit to the Committees on the Judiciary of Senate
and House of Representatives a report containing the fol-
lowing information:
(1) The number of Assistant United States At-
torneys deisgnated under the program under section
301 and cross-deisgnated under section 304 during
the year preceding the year in which the report is
submitted in order to prosecute violations of Federal
firearms laws in Federal court.
(2) The number of individuals indicted for such
violations during that year by reason of the pro-
gram.
(3) The increase or decrease in the number of
individuals indicted for such violations during that
year by reason of the program when compared with
the year preceding that year.
(4) The number of individuals held without
bond in anticipation of prosecution by reason of the
program.
(5) The average length of prison sentence of the
individuals convicted of violations of Federal fire-
arms laws by reason of the program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out the pro-
gram under section 301 $50,000,000 for fiscal year 2000,
of which—
(1) $40,000,000 shall be used for salaries and
expenses of Assistant United States Attorneys and
Bureau of Alcohol, Tobacco, and Firearms agents;
and
(2) $10,000,000 shall be available for the public
relations campaign required by subsection (c) of that
section.
(b) USE OF FUNDS.—
(1) The Assistant United States Attorneys
hired using amounts appropriated pursuant to the
authorization of appropriations in subsection (a)
shall prosecute violations of Federal firearms laws in
accordance with section 301(b)(3).
(2) The Bureau of Alcohol, Tobacco, and Fire-
arms agents hired using amounts appropriated pur-
suant to the authorization of appropriations in sub-
section (a) shall, to the maximum extent practicable,
concentrate their investigations on violations of Fed-
eral firearms laws in accordance with section
301(b)(4).
(3) It is the sense of the Congress that amounts
made available under this section for the public edu-
cation campaign required by section 301(c) should,
to the maximum extent practicable, be matched with
State or local funds or private donations.
(c) AUTHORIZATION
OF ADDITIONAL APPROPRIA-
TIONS.—In addition to amounts made available under sub-
section (a), there is authorized to be appropriated to the
Administrative Office of the United States Courts such
sums as may be necessary to carry out this title.
SEC. 304. CROSS-DESIGNATION OF FEDERAL PROSECU-
TORS.
To better assist state and local law enforcement agen-
cies in the investigation and prosecution of firearms of-
fenses, each United States Attorney may cross-designate
one or more Assistant United States Attorneys to pros-
ecute firearms offenses under State law that are similar
to those listed in section 301(b)(2) in State and local
courts.
TITLE IV—LIMITING JUVENILE
ACCESS TO FIREARMS AND
EXPLOSIVES
SEC. 401. INCREASED PENALTIES FOR UNLAWFUL JUVE-
NILE POSSESSION OF FIREARMS.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (4) by striking ‘‘Whoever’’ and
inserting ‘‘Except as provided in paragraph (6) of
this subsection, whoever’’; and
(2) by striking paragraph (6) and inserting the
following:
‘‘(6)(A) A juvenile who violates section 922(x) shall
be fined under this title, imprisoned not more than 1 year,
or both, except—
‘‘(i) the juvenile shall be fined under this title,
imprisoned not more than 5 years, or both, if—
‘‘(I) the offense of which the juvenile is
charged is a violation of section 922(x); and
‘‘(II) the violation was also with the intent
to possess the handgun, ammunition, large ca-
pacity ammunition feeding device, or semiauto-
matic assault weapon giving rise to the violation
in a school zone, or knowing that another juve-
nile intends to possess the handgun, ammuni-
tion, large capacity feeding device, or semiauto-
matic assault weapon giving rise to the violation
in a school zone;
‘‘(ii) the juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if—
‘‘(I) the offense of which the juvenile is
charged is a violation of section 922(x); and
‘‘(II) the violation was also with the intent
also to use the handgun, ammunition, large ca-
pacity ammunition feeding device, or semiauto-
matic assault weapon giving rise to the violation
in the commission of a violent felony, or know-
ing that another juvenile intends to use the
handgun, ammunition, large capacity ammuni-
tion feeding device, or semiautomatic assault
weapon giving rise to the violation in the com-
mission of a serious violent felony.
‘‘(B) For purposes of this paragraph, the term ‘seri-
ous violent felony’ has the meaning given the term in sec-
tion 3559(c)(2)(F).
‘‘(C) Except as otherwise provided in this chapter,
in any case in which a juvenile is prosecuted in a district
court of the United States, and the juvenile is subject to
penalties under subparagraph (A)(ii), the juvenile shall be
subject to the same laws, rules, and proceedings regarding
sentencing (including the availability of probation, restitu-
tion, fines, forfeiture, imprisonment, and supervised re-
lease) that would be applicable in the case of an adult.
No juvenile sentenced to a term of imprisonment shall be
released from custody simply because the juvenile attains
18 years of age.’’.
SEC. 402. INCREASED PENALTIES AND MANDATORY MIN-
IMUM SENTENCE FOR UNLAWFUL TRANSFER
OF FIREARM TO JUVENILE.
Section 924(a)(6) of title 18, United States Code, is
further amended by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively, and by
inserting after subparagraph (A) the following:
‘‘(B) A person other than a juvenile who knowingly
violates section 922(x)—
‘‘(i) shall be fined under this title, imprisoned
not more than 5 years, or both;
‘‘(ii) if the person violated section 922(x)(1)
knowing that a juvenile intended to possess the
handgun, ammunition, large capacity ammunition
feeding device, or semiautomatic assault weapon giv-
ing rise to the violation of section 922(x)(1) in a
school zone, shall be fined under this title and im-
prisoned not less than 3 years and not more than 20
years; and
‘‘(iii) if the person violated section 922(x)(1)
knowing that a juvenile intended to use the hand-
gun, ammunition, large capacity ammunition feeding
device, or semiautomatic assault weapon giving rise
to the violation of section 922(x)(1) in the commis-
sion of a serious violent felony, shall be imprisoned
not less than 10 years and not more than 20 years
and fined under this title.’’.
SEC. 403. PROHIBITING POSSESSION OF EXPLOSIVES BY
JUVENILES AND YOUNG ADULTS.
Section 842 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(r)(1) It shall be unlawful for any person who has
not attained 21 years of age to ship or transport any ex-
plosive materials in interstate or foreign commerce or to
receive or possess any explosive materials which has been
shipped or transported in interstate or foreign commerce.
‘‘(2) This subsection shall not apply to commercially
manufactured black powder in bulk quantities not to ex-
ceed five pounds, and if the person is less than 18 years
of age, the person has the prior written consent of the
person’s parents or guardian who is not prohibited by Fed-
eral, State, or local law from possessing explosive mate-
rials, and the person has the prior written consent in the
person’s possession at all times when the black powder is
in the possession of the person.’’.
TITLE 
V—PREVENTING 
CRIMI-
NAL ACCESS TO FIREARMS
AND EXPLOSIVES
SEC. 501. CRIMINAL PROHIBITION ON DISTRIBUTION OF
CERTAIN INFORMATION RELATING TO EX-
PLOSIVES, 
DESTRUCTIVE 
DEVICES, 
AND
WEAPONS OF MASS DESTRUCTION.
(a) UNLAWFUL CONDUCT.—Section 842 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(p)(1) For purposes of this subsection:
‘‘(A) The term ‘destructive device’ has the same
meaning as in section 921(a)(4).
‘‘(B) The term ‘explosive’ has the same mean-
ing as in section 844(j).
‘‘(C) The term ‘weapon of mass destruction’
has the same meaning as in section 2332a(c)(2).
‘‘(2) It shall be unlawful for any person—
‘‘(A) to teach or demonstrate the making or use
of an explosive, a destructive device, or a weapon of
mass destruction, or to distribute by any means in-
formation pertaining to, in whole or in part, the
manufacture or use of an explosive, destructive de-
vice, or weapon of mass destruction, with the intent
that the teaching, demonstration, or information be
used for, or in furtherance of, an activity that con-
stitutes a Federal crime of violence; or
‘‘(B) to teach or demonstrate to any person the
making or use of an explosive, a destructive device,
or a weapon of mass destruction, or to distribute to
any person, by any means, information pertaining
to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use
the teaching, demonstration, or information for, or
in furtherance of, an activity that constitutes a Fed-
eral crime of violence.’’.
(b) PENALTIES.—Section 844 of title 18, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘person who
violates any of subsections’’ and inserting the fol-
lowing: ‘‘person who—
‘‘(1) violates any of subsections’’;
(2) by striking the period and inserting ‘‘;
and’’;
(3) by adding at the end the following:
‘‘(2) violates section 842(p)(2), shall be fined
under this title, imprisoned not more than 20 years,
or both.’’; and
(4) in subsection (j), by inserting ‘‘and section
842(p),’’ after ‘‘this section,’’.
SEC. 502. REQUIRING THEFTS FROM COMMON CARRIERS
TO BE REPORTED.
(a) Section 922(f) of title 18, United States Code,
is amended by adding at the end the following:
‘‘(3)(A) It shall be unlawful for any common or con-
tract carrier to fail to report the theft or loss of a firearm
within 48 hours after the theft or loss is discovered. The
theft or loss shall be reported to the Secretary and to the
appropriate local authorities.
‘‘(B) The Secretary may impose a civil fine of not
more than $10,000 on any person who knowingly violates
subparagraph (A).’’.
(b) Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),
(f)(2),’’.
SEC. 503. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.
Section 923(g)(4) of title 18, United States Code, is
amended to read as follows:
‘‘(4) Where a firearms or ammunition business is dis-
continued and succeeded by a new licensee, the records