[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1699 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1699

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  establish a grant program to prevent and control juvenile crime; to 
    modify Federal court procedures applicable to violent juvenile 
                   offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1997

  Mr. Stupak (for himself, Ms. Lofgren, Mr. Scott, Mr. Stenholm, Mr. 
    Gephardt, Mr. Fazio of California, Mr. Bonior, Mrs. Kennelly of 
   Connecticut, Ms. DeLauro, Ms. Carson, Mr. Boswell, Ms. Hooley of 
   Oregon, Mr. Jefferson, Mr. Meehan, Mr. Turner, Mr. Pascrell, Mr. 
    Sandlin, Ms. Kilpatrick, Ms. Christian-Green, Mr. Watt of North 
  Carolina, Mr. Sherman, Mr. Kennedy of Rhode Island, Mr. Manton, Mr. 
 Wynn, Mr. Vento, Ms. Jackson-Lee of Texas, Mr. Delahunt, Mr. Farr of 
    California, Mr. Allen, Mr. LaFalce, Mr. Markey, Mr. Cramer, Ms. 
Millender-McDonald, Mr. Brown of California, Mr. McIntyre, Mr. Johnson 
 of Wisconsin, Mr. Torres, Mr. Kennedy of Massachusetts, Mr. Rothman, 
  Mr. Holden, Mr. Hinojosa, and Ms. Woolsey) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Committees on Education and the Workforce, Commerce, 
 and Government Reform and Oversight, 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 amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  establish a grant program to prevent and control juvenile crime; to 
    modify Federal court procedures applicable to violent juvenile 
                   offenders, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Families First 
Juvenile Offender Control and Prevention Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS

Sec. 101. Short title.
Sec. 102. Grant program.
Sec. 103. Model programs to prevent juvenile delinquency.
                  TITLE II--VIOLENT JUVENILE OFFENDERS

Sec. 201. Time limit on transfer decision.
Sec. 202. Elimination of statute of limitations for murder.
Sec. 203. Extension of statute of limitations for violent and drug 
                            trafficking crimes.
Sec. 204. Increased detention, mandatory restitution, and additional 
                            sentencing options for youth offenders.
Sec. 205. Juvenile handgun possession.
Sec. 206. Increased penalty for knowingly receiving firearm with 
                            obliterated serial number.
Sec. 207. Amendment of the sentencing guidelines for transfers of 
                            firearms to prohibited persons.
Sec. 208. Access to records of crimes committed by juvenile 
                            delinquents.
                        TITLE III--GANG VIOLENCE

Sec. 301. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
Sec. 302. Interstate travel to engage in witness intimidation or 
                            obstruction of justice.
Sec. 303. Expanding pretrial detention eligibility for serious gang and 
                            other violent criminals.
Sec. 304. Conspiracy penalty for obstruction of justice offenses 
                            involving victims, witnesses, and 
                            informants.
Sec. 305. Gang franchising.
       TITLE IV--PREVENTION AND TREATMENT OF YOUTH DRUG ADDICTION

Sec. 401. Sense of Congress to increase safe and drug-free schools and 
                            communities program.
Sec. 402. Reauthorization of office of national drug control policy.
Sec. 403. Rescheduling of ``club'' drugs.
Sec. 404. Attorney General authority to reschedule certain drugs posing 
                            imminent danger to public safety.
         TITLE V--IMPROVING JUVENILE CRIME AND DRUG PREVENTION

Sec. 501. Study by national academy of science.

        TITLE I--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Juvenile Offender Control and 
Prevention Grant Act of 1997''.

SEC. 102. GRANT PROGRAM.

    (a) In General.--Part R of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as 
follows:

       ``PART R--JUVENILE OFFENDER CONTROL AND PREVENTION GRANTS

``SEC. 1801. PAYMENTS TO LOCAL GOVERNMENTS.

    ``(a) Payment and Uses.--
            ``(1) Payment.--The Director of the Bureau of Justice 
        Assistance may make grants to carry out this part, to units of 
        local government that qualify for a payment under this part. Of 
        the amount appropriated in any fiscal year to carry out this 
        part, the Director shall obligate--
                    ``(A) not less than 60 percent of such amount for 
                grants for the uses specified in subparagraphs (A) and 
                (B) of paragraph (2);
                    ``(B) not less than 10 percent of such amount for 
                grants for the use specified in paragraph (2)(C), and
                    ``(C) not less than 20 percent of such amount for 
                grants for the uses specified in subparagraphs (E) and 
                (G) of paragraph (2).
            ``(2) Uses.--Amounts paid to a unit of local government 
        under this section shall be used by the unit for 1 or more of 
        the following:
                    ``(A) Preventing juveniles from becoming involved 
                in crime or gangs by--
                            ``(i) operating after-school programs for 
                        at-risk juveniles;
                            ``(ii) developing safe havens from and 
                        alternatives to street violence, including 
                        educational, vocational or other 
                        extracurricular activities opportunities;
                            ``(iii) establishing community service 
                        programs, based on community service corps 
                        models that teach skills, discipline, and 
                        responsibility;
                            ``(iv) establishing peer medication 
                        programs in schools;
                            ``(v) establishing big brother programs and 
                        big sister programs;
                            ``(vi) establishing anti-truancy programs;
                            ``(vii) establishing and operating programs 
                        to strengthen the family unit;
                            ``(viii) establishing and operating drug 
                        prevention, treatment and education programs; 
                        or
                            ``(ix) establishing activities 
                        substantially similar to programs described in 
                        clauses (i) through (viii).
                    ``(B) Establishing and operating early intervention 
                programs for at-risk juveniles.
                    ``(C) Building or expanding secure juvenile 
                correction or detention facilities for violent juvenile 
                offenders.
                    ``(D) Providing comprehensive treatment, education, 
                training, and after-care programs for juveniles in 
                juvenile detention facilities.
                    ``(E) Implementing graduated sanctions for juvenile 
                offenders.
                    ``(F) Establishing initiatives that reduce the 
                access of juveniles to fire arms.
                    ``(G) Improving State juvenile justice systems by--
                            ``(i) developing and administering 
                        accountability-based sanctions for juvenile 
                        offenders;
                            ``(ii) hiring additional prosecutors, so 
                        that more cases involving violent juvenile 
                        offenders can be prosecuted and backlogs 
                        reduced; or
                            ``(iii) providing funding to enable 
                        juvenile courts and juvenile probation offices 
                        to be more effective and efficient in holding 
                        juvenile offenders accountable;
                    ``(H) providing funding to enable prosecutors--
                            ``(i) to address drug, gang, and violence 
                        problems involving juveniles more effectively;
                            ``(ii) to develop anti-gang units and anti-
                        gang task forces to address the participation 
                        of juveniles in gangs, and to share information 
                        about juvenile gangs and their activities; or
                            ``(iii) providing funding for technology, 
                        equipment, and training to assist prosecutors 
                        in identifying and expediting the prosecution 
                        of violent juvenile offenders;
                    ``(I) hiring additional law enforcement officers 
                (including, but not limited to, police, corrections, 
                probation, parole, and judicial officers) who are 
                involved in the control or reduction of juvenile 
                delinquency; or
                    ``(J) providing funding to enable city attorneys 
                and county attorneys to seek civil remedies for 
                violations of law committed by juveniles who 
                participate in gangs.
            ``(3) Geographical distribution of grants.-- The Director 
        shall ensure that grants made under this part are equitably 
        distributed among all units of local government in each of the 
        States and among all units of local government throughout the 
        United States.
    ``(b) Prohibited Uses.--Notwithstanding any other provision of this 
title, a unit of local government may not expend any of the funds 
provided under this part to purchase, lease, rent, or otherwise 
acquire--
            ``(1) tanks or armored personnel carriers;
            ``(2) fixed wing aircraft;
            ``(3) limousines;
            ``(4) real estate;
            ``(5) yachts;
            ``(6) consultants; or
            ``(7) vehicles not primarily used for law enforcement;
unless the Attorney General certifies that extraordinary and exigent 
circumstances exist that make the use of funds for such purposes 
essential to the maintenance of public safety and good order in such 
unit of local government.
    ``(c) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    ``(A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    ``(B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to units of local government shall not be used to supplant State 
or local funds, but shall be used to increase the amount of funds that 
would, in the absence of funds made available under this part, be made 
available from State or local sources.
    ``(e) Matching Funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the costs of a program or 
proposal funded under this part.

``SEC. 1802. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $500,000,000 for fiscal year 1998;
            ``(2) $500,000,000 for fiscal year 1999; and
            ``(3) $500,000,000 for fiscal year 2000.
The appropriations authorized by this subsection may be made from the 
Violent Crime Reduction Trust Fund.
    ``(b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a) for each of the fiscal years 1998 through 2000 shall be available 
to the Attorney General for studying the overall effectiveness and 
efficiency of the provisions of this part, and assuring compliance with 
the provisions of this part and for administrative costs to carry out 
the purposes of this part. The Attorney General shall establish and 
execute an oversight plan for monitoring the activities of grant 
recipients. Such sums are to remain available until expended.
    ``(c) Availability.--The amounts authorized to be appropriated 
under subsection (a) shall remain available until expended.

``SEC. 1803. QUALIFICATION FOR PAYMENT.

    ``(a) In General.--The Director shall issue regulations 
establishing procedures under which a unit of local government is 
required to provide notice to the Director regarding the proposed use 
of funds made available under this part.
    ``(b) Program Review.--The Director shall establish a process for 
the ongoing evaluation of projects developed with funds made available 
under this part.
    ``(c) General Requirements for Qualification.--A unit of local 
government qualifies for a payment under this part for a payment period 
only if the unit of local government submits an application to the 
Director and establishes, to the satisfaction of the Director, that--
            ``(1) the chief executive officer of the unit of local 
        government has had not less than 20 days to review and comment 
        on the application prior to submission to the Director;
            ``(2)(A) the unit of local government will establish a 
        trust fund in which the government will deposit all payments 
        received under this part; and
            ``(B) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            ``(3) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            ``(4) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General and as applicable, amounts received under 
        this part shall be audited in compliance with the Single Audit 
        Act of 1984;
            ``(5) after reasonable notice from the Director or the 
        Comptroller General to the unit of local government, the unit 
        of local government will make available to the Director and the 
        Comptroller General, with the right to inspect, records that 
        the Director reasonably requires to review compliance with this 
        part or that the Comptroller General reasonably requires to 
        review compliance and operation;
            ``(6) the unit of local government will spend the funds 
        made available under this part only for the purposes set forth 
        in section 1801(a)(2);
            ``(7) the unit of local government has established 
        procedures to give members of the Armed Forces who, on or after 
        October 1, 1990, were or are selected for involuntary 
        separation (as described in section 1141 of title 10, United 
        States Code), approved for separation under section 1174a or 
        1175 of such title, or retired pursuant to the authority 
        provided under section 4403 of the Defense Conversion, 
        Reinvestment, and Transition Assistance Act of 1992 (division D 
        of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
        preference in the employment of persons as additional law 
        enforcement officers or support personnel using funds made 
        available under this title. The nature and extent of such 
        employment preference shall be jointly established by the 
        Attorney General and the Secretary of Defense. To the extent 
        practicable, the Director shall endeavor to inform members who 
        were separated between October 1, 1990, and the date of the 
        enactment of this section of their eligibility for the 
        employment preference;
    ``(d) Sanctions for Noncompliance.--
            ``(1) In general.--If the Director determines that a unit 
        of local government has not complied substantially with the 
        requirements or regulations prescribed under subsections (a) 
        and (c), the Director shall notify the unit of local government 
        that if the unit of local government does not take corrective 
        action within 60 days of such notice, the Director will 
        withhold additional payments to the unit of local government 
        for the current and future payment periods until the Director 
        is satisfied that the unit of local government--
                    ``(A) has taken the appropriate corrective action; 
                and
                    ``(B) will comply with the requirements and 
                regulations prescribed under subsections (a) and (c).
            ``(2) Notice.--Before giving notice under paragraph (1), 
        the Director shall give the chief executive officer of the unit 
        of local government reasonable notice and an opportunity for 
        comment.
    ``(e) Maintenance of Effort Requirement.--A unit of local 
government qualifies for a payment under this part for a payment period 
only if the unit's expenditures on law enforcement services (as 
reported by the Bureau of the Census) for the fiscal year preceding the 
fiscal year in which the payment period occurs were not less than 90 
percent of the unit's expenditures on such services for the second 
fiscal year preceding the fiscal year in which the payment period 
occurs.''.
    (b) Technical Amendment.--The table of contents of the title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 
et seq.) is amended by striking the matter relating to part R and 
inserting the following:

                ``Part R--Juvenile Crime Control Grants

        ``Sec. 1801. Payments to local governments.
        ``Sec. 1802. Authorization of appropriations.
        ``Sec. 1803. Qualification for payment.''.

SEC. 103. MODEL PROGRAMS TO PREVENT JUVENILE DELINQUENCY.

    The Administrator of the Office of Juvenile Justice and Delinquency 
Prevention shall provide, through the clearinghouse and information 
center established under section 242(3) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5652(3)), information and 
technical assistance to community-based organizations and units of 
local government to assist in the establishment, operation, and 
replication of model programs designed to prevent juvenile delinquency.

                  TITLE II--VIOLENT JUVENILE OFFENDERS

SEC. 201. TIME LIMIT ON TRANSFER DECISION.

    Section 5032 of title 18, United States Code, is amended by 
inserting ``The transfer decision shall be made not later than 90 days 
after the first day of the hearing.'' after the first sentence of the 
4th paragraph.

SEC. 202. ELIMINATION OF STATUTE OF LIMITATIONS FOR MURDER.

    (a) In General.--Section 3281 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3281. Capital offenses and Class A felonies involving murder
    ``An indictment for any offense punishable by death or an 
indictment or information for a Class A felony involving murder (as 
defined in section 1111 or as defined under applicable State law in the 
case of an offense under section 1963(a) involving racketeering 
activity described in section 1961(1)) may be found at any time without 
limitation.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.

SEC. 203. EXTENSION OF STATUTE OF LIMITATIONS FOR VIOLENT AND DRUG 
              TRAFFICKING CRIMES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 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 that term is defined in 
section 924(c)) unless the indictment is returned or the information is 
filed within 10 years after the commission of the offense.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.
    (c) Conforming Amendments.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended--
            (1) in the item relating to section 3281, by inserting 
        ``and Class A felonies involving murder'' before the period; 
        and
            (2) by adding at the end the following:

``3295. Class A violent and drug trafficking offenses.''.

SEC. 204. INCREASED DETENTION, MANDATORY RESTITUTION, AND ADDITIONAL 
              SENTENCING OPTIONS FOR YOUTH OFFENDERS.

    Section 5037 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5037. Dispositional hearing
    ``(a) In General.--
            ``(1) Hearing.--In a juvenile proceeding under section 
        5032, if the court finds a juvenile to be a juvenile 
        delinquent, the court shall hold a hearing concerning the 
        appropriate disposition of the juvenile not later than 20 court 
        days after the finding of juvenile delinquency unless the court 
        has ordered further study pursuant to subsection (e).
            ``(2) Report.--A predisposition report shall be prepared by 
        the probation officer who shall promptly provide a copy to the 
        juvenile, the attorney for the juvenile, and the attorney for 
        the government.
            ``(3) Order of restitution.--After the dispositional 
        hearing, and after considering any pertinent policy statements 
        promulgated by the Sentencing Commission pursuant to 994, of 
        title 28, the court shall enter an order of restitution 
        pursuant to section 3556, and may suspend the findings of 
        juvenile delinquency, 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 
        convicted as an adult.
            ``(4) Release or detention.--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) Term of Probation.--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 authorized 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) Term of Official Detention.--
            ``(1) Maximum term.--The term for which official detention 
        may be ordered for a juvenile found to be a juvenile delinquent 
        may not extend beyond the lesser of--
                    ``(A) the maximum term of imprisonment that would 
                be authorized if the juvenile had been tried and 
                convicted as an adult;
                    ``(B) 10 years; or
                    ``(C) the date on which the juvenile achieves the 
                age of 26.
            ``(2) Applicability of other provisions.--Section 3624 
        shall apply to an order placing a juvenile in detention.
    ``(d) Term of Supervised Release.--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 shall apply to an order placing a juvenile on supervised release.
    ``(e) Custody of Attorney General.--
            ``(1) In general.--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 an attorney, to 
        the custody of the Attorney General for observation and study 
        by an appropriate agency or entity.
            ``(2) Outpatient basis.--Any observation and study pursuant 
        to a commission under paragraph (1) shall be conducted on an 
        outpatient basis, unless the court determines that inpatient 
        observation and study are necessary to obtain the desired 
        information, except that in the case of an alleged 
juvenile delinquent, inpatient study may be ordered with the consent of 
the juvenile and the attorney for the juvenile.
            ``(3) Contents of study.--The agency or entity conducting 
        an observation or study under this subsection shall make a 
        complete study of the alleged or adjudicated delinquent to 
        ascertain the personal traits, capabilities, background, any 
        prior delinquency or criminal experience, any mental or 
        physical defect, and any other relevant factors pertaining to 
        the juvenile.
            ``(4) Submission of results.--The Attorney General shall 
        submit to the court and the attorneys for the juvenile and the 
        government the results of the study not later than 30 days 
        after the commitment of the juvenile, unless the court grants 
        additional time.
            ``(5) Exclusion of time.--Any time spent in custody under 
        this subsection shall be excluded for purposes of section 5036.
    ``(f) Conviction as Adult.--With respect to any juvenile prosecuted 
and convicted as an adult pursuant to section 5032, the court may, 
pursuant to guidelines promulgated by the United States Sentencing 
Commission under section 994 of title 28, determine to treat the 
conviction as an adjudication of delinquency and impose any disposition 
authorized under this section. The United States Sentencing Commission 
shall promulgate such guidelines as soon as practicable and not later 
than 1 year after the date of enactment of this Act.
    ``(g)(1) A juvenile detained either pending juvenile proceedings or 
a criminal trial, or detained or imprisoned pursuant to an adjudication 
or conviction shall be substantially segregated from any prisoners 
convicted for crimes who have attained the age of 21 years.
    ``(2) As used in this subsection, the term `substantially 
segregated'--
            ``(A) means complete sight and sound separation in 
        residential confinement; but
            ``(B) is not inconsistent with--
                    ``(i) the use of shared direct care and management 
                staff, properly trained and certified to interact with 
                juvenile offenders, if the staff does not interact with 
                adult and juvenile offenders during the same shift; and
                    ``(ii) incidental contact during transportation to 
                court proceedings and other activities in accordance 
                with regulations issued by the Attorney General to 
                ensure reasonable efforts are made to segregate adults 
                and juveniles.''.

SEC. 205. JUVENILE HANDGUN POSSESSION.

    Section 924(a)(6) of title 18, United States Code, is amended--
            (1) by striking all that precedes subparagraph (B) 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, 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 5 years, or both.'';
            (2) in subparagraph (B)(i), by striking ``one year'' and 
        inserting ``5 years''; and
            (3) in subparagraph (B)(ii), by striking ``not more than 10 
        years'' and inserting ``not less than 3 nor more than 10 
        years''.

SEC. 206. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARM WITH 
              OBLITERATED SERIAL NUMBER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 207. AMENDMENT OF THE SENTENCING GUIDELINES FOR TRANSFERS OF 
              FIREARMS TO PROHIBITED 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 of the guidelines (relating to 
unlawful receipt, possession, or transportation of firearms or 
ammunition and prohibited transactions involving firearms or 
ammunitions) to provide that a person who transfers a firearm or 
ammunition, knowing or having reasonable cause to believe that the 
transferee is a person described in section 922(g) of title 18, United 
States Code, is subject to the same base offense level as the 
transferee. This section 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. 208. ACCESS 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 original proceeding shall be safeguarded from disclosure 
        to unauthorized persons. The records shall be released to the 
        extent necessary to meet the following circumstances:'';
            (2) in subsection (a)(3), by inserting before the semicolon 
        ``or analysis requested by the Attorney General'';
            (3) in subsection (c), inserting before the comma and after 
        ``relating to the proceeding'' the phrase ``other than 
        necessary docketing data''; and
            (4) by striking subsections (d) and (f), by redesignating 
        subsection (e) as subsection (d), by inserting ``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 follows:
    ``(e) Whenever a juvenile has been adjudicated delinquent for an 
act that if committed by an adult would be a felony or for a violation 
of section 924(a)(6), the juvenile shall be fingerprinted and 
photographed, and the fingerprints and photograph shall be sent to the 
Federal Bureau of Investigation. The court shall also transmit to the 
Federal Bureau of Investigation the information concerning the 
adjudication, including name, date of adjudication, court, offenses, 
and sentence, along with the notation that the matter was a juvenile 
adjudication. The fingerprints, photograph, and other records and 
information relating to a juvenile described in this subsection, or to 
a juvenile who is prosecuted as an adult pursuant to sections 5032 (b) 
or (c), shall be made available in the manner applicable to adult 
defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability 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, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

                        TITLE III--GANG VIOLENCE

SEC. 301. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Whoever uses physical force or the threat of physical 
        force, or attempts to do so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; and
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3)(B), as redesignated, by 
                striking ``in the case of'' and all that follows before 
                the period and inserting ``an attempt to murder, the 
                use of physical force, the threat of physical force, or 
                an attempt to do so, imprisonment for not more than 20 
                years''; and
            (2) in subsection (b), by striking ``or physical force''.

SEC. 302. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR 
              OBSTRUCTION OF JUSTICE.

    Section 1952 of title 18, United States Code, is amended--
            (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 commerce 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, 
document, 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 conduct, 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 sentenced to death.''.

SEC. 303. EXPANDING PRETRIAL DETENTION ELIGIBILITY FOR SERIOUS GANG AND 
              OTHER VIOLENT CRIMINALS.

    (a) Definition of ``Convicted''.--Section 3142(f)(1)(D) of title 
18, United States Code, is amended by inserting after the semicolon 
``for purposes of this subparagraph, the term `convicted' includes a 
finding, under State or Federal law, that a person has committed an act 
of juvenile delinquency;''.
    (b) Inclusion of Certain Offenses.--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 subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding after subparagraph (C) the following:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) of this title (relating to possession 
                of explosives or firearms by convicted felons and other 
                categories of prohibited persons).''.
    (c) Membership in Gangs.--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 semicolon: ``, or 
        (ii) was a member of or participated in a criminal street gang, 
        racketeering enterprise, or other criminal organization''.

SEC. 304. 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 follows:
    ``(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 conspiracy.''.

SEC. 305. GANG FRANCHISING.

    (a) In General.--Chapter 26 of title 18, United States Code, is 
amended by adding at the end the following:

``SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL STREET GANGS.

    ``(a) Prohibited Act.--Whoever travels in interstate or foreign 
commerce, or causes another to do so, to recruit, solicit, induce, 
command, or cause to create, or attempt to create a franchise of a 
criminal street gang shall be punished in accordance with subsection 
(c).
    ``(b) Definitions.--
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given that term in section 521 of title 
        18, United States Code.
            ``(2) Franchise.--The term `franchise' means an organized 
        group of individuals related by name, moniker, or other 
        identifier, that engages in coordinated violent crime or drug 
        trafficking activities in interstate or foreign commerce with a 
        criminal street gang in another State.
    ``(c) Penalties.--A person who violates subsection (a) shall be 
imprisoned for not more than 10 years, fined under this title, or both.
    ``(d) Sentencing Enhancement.--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 
provide an appropriate enhancement for the recruitment of minors in 
furtherance of the creation of a criminal street gang franchise.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended by adding at the 
end the following new item:

``522. Interstate franchising of criminal street gangs.''.

       TITLE IV--PREVENTION AND TREATMENT OF YOUTH DRUG ADDICTION

SEC. 401. SENSE OF CONGRESS TO INCREASE SAFE AND DRUG-FREE SCHOOLS AND 
              COMMUNITIES PROGRAM.

    It is the sense of the Congress that appropriations for State 
grants under subpart 1 and national programs under subpart 2 of title 
IV of the Elementary and Secondary Education Act (20 U.S.C. 7104 et 
seq.) should increase to a total of $655,000,000 for each of fiscal 
years 1998 through 2000, and $955,000,000 for each of the fiscal years 
2001 through 2002.

SEC. 402. REAUTHORIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) Reauthorization.--Section 1009 of the National Narcotics 
Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking ``1997'' 
and inserting ``2002''.
    (b) Authorization of Appropriations.--Section 1011 of the National 
Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by 
striking ``8'' and inserting ``13''.

SEC. 403. RESCHEDULING OF ``CLUB'' DRUGS.

    Notwithstanding section 201 or subsection (a) or (b) of section 202 
of the Controlled Substances Act (21 U.S.C. 811, 812(a), 812(b)) 
respecting the scheduling of controlled substances, the Attorney 
General shall, by order add ketamine hydrochloride and gamma 
hydroxybutyrate to schedule III of such Act.

SEC. 404. ATTORNEY GENERAL AUTHORITY TO RESCHEDULE CERTAIN DRUGS POSING 
              IMMINENT DANGER TO PUBLIC SAFETY.

    Section 201(h) of the Controlled Substances Act (21 U.S.C. 811)(h)) 
is amended--
            (1) in paragraph (1) by striking ``if the substance is not 
        listed in any other schedule in section 812 of this title or'' 
        and by inserting ``or the rescheduling of a previously 
        scheduled substance'' after ``the scheduling of a substance''; 
        and
            (2) in paragraph (2) by inserting ``or rescheduling'' after 
        ``scheduling'' each time it appears.

         TITLE V--IMPROVING JUVENILE CRIME AND DRUG PREVENTION

SEC. 501. STUDY BY NATIONAL ACADEMY OF SCIENCE.

    (a) In General.--The Attorney General shall enter into a contract 
with a public or nonprofit private entity, subject to subsection (b), 
for the purpose of conducting a study or studies--
            (1) to evaluate the effectiveness of federally funded 
        programs for preventing juvenile violence and juvenile 
        substance abuse;
            (2) to evaluate the effectiveness of federally funded grant 
        programs for preventing criminal victimization of juveniles;
            (3) to identify specific Federal programs and programs that 
        receive Federal funds that contribute to reductions in juvenile 
        violence, juvenile substance abuse, and risk factors among 
        juveniles that lead to violent behavior and substance abuse;
            (4) to identify specific programs that have not achieved 
        their intended results; and
            (5) to make specific recommendations on programs that--
                    (A) should receive continued or increased funding 
                because of their proven success; or
                    (B) should have their funding terminated or reduced 
                because of their lack of effectiveness.
    (b) National Academy of Sciences.--The Attorney General shall 
request the National Academy of Sciences to enter into the contract 
under subsection (a) to conduct the study or studies described in 
subsection (a). If the Academy declines to conduct the study, the 
Attorney General shall carry out such subsection through other public 
or nonprofit private entities.
    (c) Assistance.--In conducting the study under subsection (a) the 
contracting party may request analytic assistance, data, and other 
relevant materials from the Department of Justice and any other 
appropriate Federal agency.
    (d) Reporting Requirements.--
            (1) In general.--Not later than January 1, 2000, the 
        Attorney General shall submit a report describing the findings 
        made as a result of the study required by subsection (a) to the 
        Committee on the Judiciary and the Committee on Education and 
        the Workforce of the House of Representatives, and to the 
        Committee on the Judiciary and the Committee on Labor and Human 
        Resources of the Senate.
            (2) Contents.--The report required by this subsection shall 
        contain specific recommendations concerning funding levels for 
        the programs evaluated. Reports on the effectiveness of such 
        programs and recommendations on funding shall be provided to 
        the appropriate subcommittees of the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Appropriations of the Senate.
    (e) Funding.--There are authorized to be appropriated to carry out 
the study under subsection (a) such sums as may be necessary.
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