[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 10 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 10

 To reduce violent juvenile crime, promote accountability by juvenile 
criminals, punish and deter violent gang crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Hatch (for himself, Mr. Sessions, Mr. Ashcroft, Mr. Domenici, Mr. 
Lott, Mr. Abraham, Mr. Allard, Mr. Bond, Mr. Coverdell, Mr. Craig, Mr. 
D'Amato, Mr. Enzi, Mr. Faircloth, Mr. Gorton, Mr. Grams, Mr. Grassley, 
   Mr. Hagel, Mr. Helms, Mr. Hutchinson, Mr. Kyl, Mr. Murkowski, Mr. 
  Roberts, Mr. Smith of New Hampshire, Mr. Thomas, Mr. Thurmond, Mr. 
  Warner, and Mr. Mack) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reduce violent juvenile crime, promote accountability by juvenile 
criminals, punish and deter violent gang crime, 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 ``Violent and Repeat 
Juvenile Offender Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Capital cases.
Sec. 104. Definitions.
Sec. 105. Notification after arrest.
Sec. 106. Detention prior to disposition.
Sec. 107. Speedy trial.
Sec. 108. Dispositional hearings.
Sec. 109. Use of juvenile records.
Sec. 110. Incarceration of violent offenders.
Sec. 111. Federal sentencing guidelines.
                        TITLE II--JUVENILE GANGS

Sec. 201. Short title.
Sec. 202. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 203. Amendment of title 18 with respect to criminal street gangs.
Sec. 204. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 205. Solicitation or recruitment of persons in criminal gang 
                            activity.
Sec. 206. Crimes involving the recruitment of persons to participate in 
                            criminal street gangs and firearms offenses 
                            as RICO predicates.
Sec. 207. Prohibitions relating to firearms.
Sec. 208. Amendment of sentencing guidelines with respect to body 
                            armor.
Sec. 209. Additional prosecutors.
          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Youth Crime Control and Accountability Block Grants.
Sec. 303. Runaway and homeless youth.
Sec. 304. Authorization of appropriations.
Sec. 305. Repeal.
Sec. 306. Transfer of functions and savings provisions.
Sec. 307. Repeal of unnecessary and duplicative programs.
Sec. 308. Civil monetary penalty surcharge.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) at the outset of the twentieth century, the States 
        adopted 2 separate juvenile justice systems for violent and 
        nonviolent offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were an unknown phenomenon at that 
        time, but the rate at which juveniles commit such crimes has 
        escalated astronomically since that time;
            (3) in 1994--
                    (A) the number of persons arrested overall for 
                murder in the United States decreased by 5.8 percent, 
                but the number of persons who are less than 15 years of 
                age arrested for murder increased by 4 percent; and
                    (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons who are less than 15 years of age arrested for 
                violent crimes increased by 9.2 percent, and the number 
                of persons less than 18 years of age arrested for such 
                crimes increased by 6.5 percent;
            (4) from 1985 to 1996, the number of persons arrested for 
        all violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
            (5) the number of juvenile offenders is expected to undergo 
        a massive increase during the first 2 decades of the twenty-
        first century, culminating in an unprecedented number of 
        violent offenders who are less than 18 years of age;
            (6) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when Congress 
        enacted the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with violent and repeat juvenile 
        offenders;
            (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting all such offenders as adults, 
        but should not impose specific strategies or programs on the 
        States;
            (8) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and DNA evidence, as 
        well as greater sharing of such information among Federal, 
        State, and local agencies, including the courts, in the law 
        enforcement and educational systems;
            (9) data regarding violent juvenile offenders must be made 
        available to the adult criminal justice system if recidivism by 
        criminals is to be addressed adequately;
            (10) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (12) the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles is, and 
        should remain, primarily the responsibility of the States, to 
        be carried out without interference from the Federal 
        Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to reform juvenile law so that the paramount concerns 
        of the juvenile justice system are providing for the safety of 
        the public and holding juvenile wrongdoers accountable for 
        their actions, while providing the wrongdoer a genuine 
        opportunity for self-reform;
            (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders;
            (3) to address specifically the problem of violent crime 
        and controlled substance offenses committed by youth gangs; and
            (4) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by the States to ensure that 
        the victims of crimes of violence committed by juveniles 
        receive the same level of justice as do victims of violent 
        crimes that are committed by adults.

SEC. 3. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Technical Amendments.--The chapter analysis for chapter 401 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 5001; and
            (2) by redesignating the item relating to section 5003 as 
        5001.

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--A juvenile who is not less than 14 years of age 
and who is alleged to have committed an act that, if committed by an 
adult, would be a criminal offense, shall be tried in the appropriate 
district court of the United States--
            ``(1) as an adult at the discretion of the United States 
        Attorney in the appropriate jurisdiction, upon a finding by 
        that United States Attorney, which finding shall not be subject 
        to review in or by any court, trial or appellate, that there is 
        a substantial Federal interest in the case or the offense to 
        warrant the exercise of Federal jurisdiction, if the juvenile 
        is charged with a Federal offense that--
                    ``(A) is a crime of violence (as that term is 
                defined in section 16); or
                    ``(B) involves a controlled substance (as that term 
                is defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)) for which the penalty is a term of 
                imprisonment of not less than 5 years; and
            ``(2) in all other cases, as a juvenile.
    ``(b) Referral by United States Attorney.--
            ``(1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of a charged 
        offense under subsection (a)(2), the United States Attorney may 
        refer the matter to the appropriate legal authorities of the 
        State or Indian tribe.
            ``(2) Definitions.--In this section--
                    ``(A) the term `State' includes a State of the 
                United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States; and
                    ``(B) the term `Indian tribe' has the same meaning 
                as in section 4(e) of the Indian Self-Determination and 
                Education Assistance Act.
    ``(c) Applicable Procedures.--Any action prosecuted in a district 
court of the United States under this section--
            ``(1) shall proceed in the same manner as is required by 
        this title and by the Federal Rules of Criminal Procedure in 
        proceedings against an adult in the case of a juvenile who is 
        being tried as an adult in accordance with subsection (a); and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(d) Capital Cases.--Subject to section 3591, if a juvenile is 
tried and sentenced as an adult, the juvenile shall be subject to being 
sentenced to death on the same terms and in accordance with the same 
procedures as an adult.
    ``(e) Application of Laws.--In any case in which a juvenile is 
prosecuted in a district court of the United States as an adult, the 
juvenile shall be subject to the same laws, rules, and proceedings 
regarding sentencing 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 reaches the age of 18 years.
    ``(f) Open Proceedings.--
            ``(1) In general.--Any offense tried in a district court of 
        the United States pursuant to this section shall be open to the 
        general public, in accordance with rules 10, 26, 31(a), and 53 
        of the Federal Rules of Criminal Procedure, unless good cause 
        is established by the moving party or is otherwise found by the 
        court, for closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(g) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        prosecution of a juvenile in a district court of the United 
        States under this section, subject to the requirements of 
        section 5038, the United States Attorney of the appropriate 
        jurisdiction shall have complete access to the prior Federal 
        juvenile records of the subject juvenile, and to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty in an action pursuant to this 
        section, the district court responsible for imposing sentence 
        shall have complete access to the prior juvenile records of the 
        subject juvenile, and, to the extent permitted under State 
law, the prior State juvenile records of the subject juvenile. At 
sentencing, the district court shall consider the entire available 
prior juvenile record of the subject juvenile.
            ``(3) Release of records.--The United States Attorney may 
        release such Federal records, and, to the extent permitted by 
        State law, such State records, to law enforcement authorities 
        of any jurisdiction and to officials of any school, school 
        district, or postsecondary school at which the individual who 
        is the subject of the juvenile record is enrolled or seeks, 
        intends, or is instructed to enroll, if such school officials 
        are held liable to the same standards and penalties to which 
        law enforcement and juvenile justice system employees are held 
        liable under Federal and State law, for the handling and 
        disclosure of such information.''.
    (b) Technical Amendment.--The chapter analysis for chapter 403 of 
title 18, United States Code, is amended by striking the item relating 
to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for other criminal 
                            prosecution.''.

SEC. 103. CAPITAL CASES.

    Section 3591 of title 18, United States Code, is amended by 
striking ``18 years'' each place that term appears and inserting ``16 
years''.

SEC. 104. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `juvenile' means a person who is less than 
        18 years of age; and
            ``(2) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a juvenile that 
        would be a crime if committed by an adult.''.

SEC. 105. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended in the 
first sentence by striking ``Attorney General'' and inserting ``United 
States Attorney of the appropriate jurisdiction''.

SEC. 106. DETENTION PRIOR TO DISPOSITION.

    Section 5035 of title 18, United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--A juvenile''; and
            (2) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--Notwithstanding subsection 
(a), a juvenile who is to be tried as an adult pursuant to section 5032 
shall be subject to detention in accordance with chapter 203 in the 
same manner and to the same extent as an adult would be subject to that 
chapter.''.

SEC. 107. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by striking ``thirty'' and inserting ``70''; and
            (2) by 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) shall apply to this 
        section.''.

SEC. 108. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``(a)'' and all that 
        follows through ``After the'' and inserting the following:
    ``(a) In General.--
            ``(1) Dispositional hearing.--In any case in which a 
        juvenile is found to be a juvenile delinquent in district court 
        pursuant to section 5032, but is not tried as an adult under 
        that section, not later than 20 days after the hearing in which 
        a finding of juvenile delinquency is made, the court shall hold 
        a disposition hearing concerning the appropriate disposition 
        unless the court has ordered further study pursuant to 
        subsection (d).
            ``(2) Actions of court after hearing.--After the'';
            (2) in subsection (b), by striking ``extend--'' and all 
        that follows through ``The provisions'' and inserting the 
        following: ``extend, in the case of a juvenile, beyond the 
        maximum term that would be authorized by section 3561(b), if 
        the juvenile had been tried and convicted as an adult. The 
        provisions'';
            (3) in subsection (c), by striking ``extend--'' and all 
        that follows through ``Section 3624'' and inserting the 
        following: ``extend beyond the maximum term of imprisonment 
        that would be authorized if the juvenile had been tried and 
        convicted as an adult. No juvenile sentenced to a term of 
        imprisonment shall be released from custody simply because the 
        juvenile reaches the age of 18 years. Section 3624'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following:
    ``(d) Applicability of Restitution Provisions.--If a juvenile has 
been tried and convicted as an adult, or adjudicated delinquent for any 
offense in which the juvenile is otherwise tried pursuant to section 
5032, the restitution provisions contained in this title (including 
sections 3663, 3663A, 2248, 2259, 2264, and 2327) and title 21 shall 
apply to that juvenile in the same manner and to the same extent as 
those provisions apply to adults.''.

SEC. 109. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and'';
                    (C) by inserting after paragraph (6) the following:
            ``(7) inquiries from any school or other educational 
        institution for the purpose of ensuring the public safety and 
        security at such institution.''; and
                    (D) by striking ``Unless'' and inserting the 
                following:
    ``(c) Prohibition on Release of Certain Information.--Unless'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (3) by inserting immediately after subsection (a) the 
        following:
    ``(b) Access by United States Attorney.--Notwithstanding subsection 
(a), in determining the appropriate disposition of a juvenile matter 
under section 5032, the United States Attorney of the appropriate 
jurisdiction shall have complete access to the official records of the 
juvenile proceedings conducted under this title.'';
            (4) by inserting after subsection (e), as redesignated, the 
        following:
    ``(f) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult, access to the record of the offenses of 
the juvenile shall be made available in the same manner as is 
applicable to adult defendants.'';
            (5) by striking ``(d) Whenever'' and all that follows 
        through ``adult defendants.'' and inserting the following:
    ``(g) Fingerprints and Photographs.--Fingerprints and photographs 
of a juvenile--
            ``(1) who is prosecuted as an adult, shall be made 
        available in the same manner as is applicable to an adult 
        defendant; and
            ``(2) who is not prosecuted as an adult, shall be made 
        available only as provided in subsection (a).'';
            (6) by striking ``(e) Unless,'' and inserting the 
        following:
    ``(h) No Publication of Name or Picture.--Unless'';
            (7) by striking ``(f) Whenever'' and inserting the 
        following:
    ``(i) Information to Federal Bureau of Investigation.--Whenever''; 
and
            (8) in subsection (i), as redesignated--
                    (A) by striking ``of committing an act'' and all 
                that follows through ``5032 of this title'' and 
                inserting ``by a district court of the United States 
                pursuant to section 5032 of committing an act''; and
                    (B) by inserting ``involved a juvenile tried as an 
                adult or'' before ``were juvenile adjudications''.

SEC. 110. INCARCERATION OF VIOLENT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended--
            (1) by designating the first 3 undesignated paragraphs as 
        subsections (a) through (c), respectively; and
            (2) by adding at the end the following:
    ``(d) Segregation of Juveniles Convicted of Violent Offenses.--
            ``(1) Definition.--In this subsection, the term `crime of 
        violence' has the same meaning as in section 16 of title 18, 
        United States Code.
            ``(2) Segregation.--The Director of the Bureau of Prisons 
        shall ensure that juveniles who are alleged to be or determined 
        to be delinquent are not confined in any institution in which 
        the juvenile has regular sustained physical contact with adult 
        persons who are detained or confined.''.

SEC. 111. FEDERAL SENTENCING GUIDELINES.

    Section 994(h) of title 28, United States Code, is amended by 
inserting ``, or in which the defendant is a juvenile who is tried as 
an adult,'' after ``old or older''.

                        TITLE II--JUVENILE GANGS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Gang Violence Act''.

SEC. 202. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A 
              GANG MEMBER.

    (a) Definition.--In this section, the term ``criminal street gang'' 
has the same meaning as in section 521(a) of title 18, United States 
Code, as amended by section 203 of this title.
    (b) Amendment of Sentencing Guidelines.--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, increasing the offense level by not 
less than 6 levels, for any offense, if the offense was both committed 
in connection with, or in furtherance of, the activities of a criminal 
street gang and the defendant was a member of the criminal street gang 
at the time of the offense.
    (c) Construction With Other Guidelines.--The amendment made 
pursuant to subsection (b) shall provide that the increase in the 
offense level shall be in addition to any other adjustment under 
chapter 3 of the Federal sentencing guidelines.

SEC. 203. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Definitions.--'' and 
                inserting the following:
    ``(a) Definitions.--In this section:'', and
                    (B) by striking ```conviction'' and all that 
                follows through the end of the subsection and inserting 
                the following:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means an ongoing group, club, organization, or 
        association of 3 or more persons, whether formal or informal--
                    ``(A) a primary activity of which is the commission 
                of 1 or more predicate gang crimes;
                    ``(B) any members of which engage, or have engaged 
                during the 5-year period preceding the date in 
                question, in a pattern of criminal gang activity; and
                    ``(C) the activities of which affect interstate or 
                foreign commerce.
            ``(2) Pattern of criminal gang activity.--The term `pattern 
        of criminal gang activity' means the commission of 2 or more 
        predicate gang crimes committed in connection with, or in 
        furtherance of, the activities of a criminal street gang--
                    ``(A) at least 1 of which was committed after the 
                date of enactment of the Federal Gang Violence Act;
                    ``(B) the first of which was committed not more 
                than 5 years before the commission of another predicate 
                gang crime; and
                    ``(C) that were committed on separate occasions.
            ``(3) Predicate gang crime.--The term `predicate gang 
        crime' means an offense, including an act of juvenile 
        delinquency that, if committed by an adult, would be an offense 
        that is--
                    ``(A) a Federal offense--
                            ``(i) that is a crime of violence (as that 
                        term is defined in section 16) including 
                        carjacking, drive-by-shooting, shooting at an 
                        unoccupied dwelling or motor vehicle, assault 
                        with a deadly weapon, and homicide;
                            ``(ii) that involves a controlled substance 
                        (as that term is defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)) for 
                        which the penalty is imprisonment for not less 
                        than 5 years;
                            ``(iii) that is a violation of section 844, 
                        section 875 or 876 (relating to extortion and 
                        threats), section 1084 (relating to gambling), 
                        section 1955 (relating to gambling), chapter 44 
                        (relating to firearms), or chapter 73 (relating 
                        to obstruction of justice);
                            ``(iv) that is a violation of section 1956 
                        (relating to money laundering), insofar as the 
                        violation of such section is related to a 
                        Federal or State offense involving a controlled 
                        substance (as that term is defined in section 
                        102 of the Controlled Substances Act (21 U.S.C. 
                        802)); or
                            ``(v) that is a violation of section 
                        274(a)(1)(A), 277, or 278 of the Immigration 
                        and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
                        1327, or 1328) (relating to alien smuggling);
                    ``(B) a State offense involving conduct that would 
                constitute an offense under subparagraph (A) if Federal 
                jurisdiction existed or had been exercised; or
                    ``(C) a conspiracy, attempt, or solicitation to 
                commit an offense described in subparagraph (A) or (B).
            ``(4) State.--The term `State' includes a State of the 
        United States, the District of Columbia, Puerto Rico, Guam, the 
        Virgin Islands, and any other territory of possession of the 
        United States.''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Criminal Penalties.--Any person who engages in a pattern of 
criminal gang activity--
            ``(1) shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 10 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 413 of 
                the Controlled Substances Act (21 U.S.C. 853); and
            ``(2) if any person engages in such activity after 1 or 
        more prior convictions under this section have become final, 
        shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 20 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 412 of 
                the Controlled Substances Act (21 U.S.C. 853).''.
    (b) Conforming Amendment.--Section 3663(c)(4) of title 18, United 
States Code, is amended by inserting before ``chapter 46'' the 
following: ``section 521 of this title,''.

SEC. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL STREET GANGS.

    (a) Travel Act Amendments.--
            (1) Prohibited conduct and penalties.--Section 1952(a) of 
        title 18, United States Code, is amended to read as follows:
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A),
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.''.
            (2) Definitions.--Section 1952(b) of title 18, United 
        States Code, is amended to read as follows:
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the same meaning as in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) predicate gang crime (as that term is defined 
                in section 521);
                    ``(B) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;
                    ``(C) extortion, bribery, arson, robbery, burglary, 
                assault with a deadly weapon, retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, assault resulting in bodily injury, 
                possession of or trafficking in stolen property, 
                illegally trafficking in firearms, kidnapping, alien 
                smuggling, or shooting at an occupied dwelling or motor 
                vehicle, in each case, in violation of the laws of the 
                State in which the offense is committed or of the 
                United States; or
                    ``(D) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        sentencing guidelines so that--
                    (A) the base offense level for traveling in 
                interstate or foreign commerce in aid of a criminal 
                street gang or other unlawful activity is increased to 
                12; and
                    (B) the base offense level for the commission of a 
                crime of violence in aid of a criminal street gang or 
                other unlawful activity is increased to 24.
            (2) Definitions.--In this subsection--
                    (A) the term ``crime of violence'' has the same 
                meaning as in section 16 of title 18, United States 
                Code;
                    (B) the term ``criminal street gang'' has the same 
                meaning as in 521(a) of title 18, United States Code, 
                as amended by section 203 of this title; and
                    (C) the term ``unlawful activity'' has the same 
                meaning as in section 1952(b) of title 18, United 
                States Code, as amended by this section.

SEC. 205. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG 
              ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to--
            ``(1) use any facility in, or travel in, interstate or 
        foreign commerce, or cause another to do so, to recruit, 
        solicit, request, induce, counsel, command, or cause another 
        person to be a member of a criminal street gang, or conspire to 
        do so; or
            ``(2) recruit, solicit, request, induce, counsel, command, 
        or cause another person to engage in a predicate gang crime for 
        which such person may be prosecuted in a court of the United 
        States, or conspire to do so.
    ``(b) Penalties.--A person who violates subsection (a) shall--
            ``(1) if the person recruited--
                    ``(A) is a minor, be imprisoned for a term of not 
                less than 4 years and not more than 10 years, fined in 
                accordance with this title, or both; or
                    ``(B) is not a minor, be imprisoned for a term of 
                not less than 1 year and not more than 10 years, fined 
                in accordance with this title, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor reaches the 
        age of 18.
    ``(c) Definitions.--In this section--
            ``(1) the terms `criminal street gang' and `predicate gang 
        crime' have the same meanings as in section 521; and
            ``(2) the term `minor' means a person who is younger than 
        18 years of age.''.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall amend chapter 2 of the Federal sentencing guidelines 
to provide an appropriate enhancement for any offense involving the 
recruitment of a minor to participate in a gang activity.
    (c) Technical Amendment.--The chapter analysis for chapter 26 of 
title 18, United States Code, is amended by adding at the end the 
following:

``522. Recruitment of persons to participate in criminal street gang 
                            activity.''.

SEC. 206. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE IN 
              CRIMINAL STREET GANGS AND FIREARMS OFFENSES AS RICO 
              PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, (G) an offense under section 522 of this title, 
        or (H) an act or conspiracy to commit any violation of chapter 
        44 of this title (relating to firearms)''.

SEC. 207. PROHIBITIONS RELATING TO FIREARMS.

    (a) Penalties.--Section 924(a)(6) of title 18, United States Code, 
is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A);
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``(B) A person other than a 
                juvenile who knowingly'' and inserting ``(A) A person 
                who knowingly'';
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not less than 1 year and not 
                more than 5 years''; and
                    (C) in clause (ii), by inserting ``not less than 1 
                year and'' after ``imprisoned''; and
            (4) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), no mandatory 
        minimum sentence shall apply to a juvenile who is less than 13 
        years of age.''.
    (b) Serious Juvenile Drug Offenses as Armed Career Criminal 
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that if 
                committed by an adult would be an offense described in 
                clause (i) or (ii);''.
    (c) Transfer of Firearms to Minors for Use in Crime.--Section 
924(h) of title 18, United States Code, is amended by striking ``10 
years, fined in accordance with this title, or both'' and inserting 
``10 years, and if the transferee is a person who is under 18 years of 
age, imprisoned for a term of not less than 3 years, fined in 
accordance with this title, or both''.

SEC. 208. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY 
              ARMOR.

    (a) Definitions.--In this section--
            (1) the term ``body armor'' means any product sold or 
        offered for sale as personal protective body covering intended 
        to protect against gunfire, regardless of whether the product 
        is to be worn alone or is sold as a complement to another 
        product or garment; and
            (2) the term ``law enforcement officer'' means any officer, 
        agent, or employee of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any crime in which the defendant used body 
armor.
    (c) Applicability.--No Federal sentencing guideline amendment made 
pursuant to this section shall apply if the Federal crime in which the 
body armor is used constitutes a violation of, attempted violation of, 
or conspiracy to violate the civil rights of a person by a law 
enforcement officer acting under color of the authority of such law 
enforcement officer.

SEC. 209. ADDITIONAL PROSECUTORS.

    There are authorized to be appropriated $20,000,000 for each of the 
fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of 
Assistant United States Attorneys and attorneys in the Criminal 
Division of the Department of Justice to prosecute juvenile criminal 
street gangs (as that term is defined in section 521(a) of title 18, 
United States Code, as amended by section 203 of this title).

          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

    Title I of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601 et seq.) is amended to read as follows:

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
            ``(1) During the past several years, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
            ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
            ``(3) Understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, and 
        correct youth offenders.
            ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society, because insufficient sanctions are 
        imposed on serious youth offenders and the needs of children, 
        who may be at risk of becoming delinquents.
            ``(5) Existing programs and policies have not adequately 
        responded to the particular threat of drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
            ``(6) Demographic increases projected in the number of 
        youth offenders require reexamination of the prosecution and 
        incarceration policies for serious violent youth offenders.
            ``(7) State and local communities that experience directly 
        the devastating failures of the juvenile justice system require 
        assistance to deal comprehensively with the problems of 
        juvenile delinquency.
            ``(8) Existing Federal programs have not provided the 
        States with necessary flexibility, and have not provided 
        coordination, resources, and leadership required to meet the 
        crisis of youth violence.
            ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to State and 
        local governments, that have become a barrier to effective 
        program coordination, responsive public safety initiatives, and 
        the provision of comprehensive services for children and youth.
            ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
            ``(11) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that status 
        offenders be deinstitutionalized. Some communities believe that 
        curfews are appropriate for juveniles, and those communities 
        should not be prohibited by the Federal Government from using 
        confinement for status offenses as a means of dealing with 
        delinquent behavior before it becomes criminal conduct.
            ``(12) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that no juvenile 
        be detained or confined in any jail or lockup for adults, 
        because it can be feasible to separate adults and juveniles in 
        1 facility. This mandate is particularly burdensome for rural 
        communities.
            ``(13) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as comprehensive programs to reduce risk factors 
        and prevent juvenile delinquency.
            ``(14) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        philanthropic organizations, families, and the religious 
        community, can create a community environment that supports the 
        youth of the Nation in reaching their highest potential and 
        reduces the destructive trend of juvenile crime.

``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ``(a) In General.--The purposes of this Act are--
            ``(1) to protect the public and to hold juveniles 
        accountable for their acts;
            ``(2) to empower States and communities to develop and 
        implement comprehensive programs that support families and 
        reduce risk factors and prevent serious youth crime and 
        juvenile delinquency;
            ``(3) to provide for the thorough and ongoing evaluation of 
        all federally funded programs addressing juvenile crime and 
        delinquency;
            ``(4) to provide technical assistance to public and private 
        nonprofit entities that protect public safety, administer 
        justice and corrections to delinquent youth, or provide 
        services to youth at risk of delinquency, and their families;
            ``(5) to establish a centralized research effort on the 
        problems of youth crime and juvenile delinquency, including the 
        dissemination of the findings of such research and all related 
        data;
            ``(6) to establish a Federal assistance program to deal 
        with the problems of runaway and homeless youth;
            ``(7) to assist State and local governments in improving 
        the administration of justice for juveniles;
            ``(8) to assist the State and local governments in reducing 
        the level of youth violence;
            ``(9) to assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(10) to encourage and promote programs designed to keep 
        in school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(11) to assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(12) to assist State and local governments in promoting 
        public safety by improving the extent, accuracy, availability 
        and usefulness of juvenile court and law enforcement records 
        and the openness of the juvenile justice system;
            ``(13) to assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hardcore juveniles and transferring such juveniles out of the 
        jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(14) to assist State and local governments in promoting 
        public safety by providing resources to States to build or 
        expand juvenile detention facilities;
            ``(15) to provide for the evaluation of federally assisted 
        juvenile crime control programs, and training necessary for the 
        establishment and operation of such programs;
            ``(16) to ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(17) to provide technical assistance to public and 
        private nonprofit juvenile justice and delinquency prevention 
        programs.
    ``(b) Statement of Policy.--It is the policy of Congress to provide 
resources, leadership, and coordination--
            ``(1) to combat youth violence and to prosecute and punish 
        effectively violent juvenile offenders; and
            ``(2) to improve the quality of juvenile justice in the 
        United States.

``SEC. 103. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability.
            ``(2) Construction.--The term `construction' means 
        acquisition, expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, or any 
        combination of such activities (including architects' fees but 
        not the cost of acquisition of land for buildings).
            ``(3) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
            ``(4) Office.--The term `Office' means the Office of 
        Juvenile Crime Control and Accountability established under 
        section 201.
            ``(5) Outcome objective.--The term `outcome objective' 
        means an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, and 
        teenage pregnancy, among youth in the community.
            ``(6) Process objective.--The term `process objective' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                    ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth.
            ``(7) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Trust Territory of the Pacific Islands, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
            ``(8) State office.--The term `State office' means an 
        office designated by the chief executive officer of a State to 
        carry out this title, as provided in section 507 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
            ``(9) Treatment.--The term `treatment' includes medical and 
        other rehabilitative services designed to protect the public, 
        including any services designed to benefit addicts and other 
        users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling their dependence and 
                susceptibility to addiction or use.
            ``(10) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of 
        age.''.

SEC. 302. YOUTH CRIME CONTROL AND ACCOUNTABILITY BLOCK GRANTS.

    (a) Office of Juvenile Crime Control and Accountability.--Section 
201 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611) is amended--
            (1) in subsection (a), by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' and inserting ``Office of 
        Juvenile Crime Control and Accountability''; and
            (2) by adding at the end the following:
    ``(d) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of 
                this Act, to such officers and employees of the Office 
                as the Administrator may designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(e) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.''.
    (b) National Program.--Section 204 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to read 
as follows:

``SEC. 204. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control and Juvenile Offender 
Accountability Plan.--
            ``(1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, and 
        shall implement overall policy and a strategy to carry out such 
        plan, for all Federal juvenile crime control and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control and the enhancement of 
        accountability by offenders within the juvenile justice system 
        in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control and juvenile 
                        offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, and the trends demonstrated by 
                        such data.
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime and ensuring 
                        accountability for juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups; and
                            ``(iv) the number of juveniles who died 
                        while in custody and the circumstances under 
                        which each juvenile died.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committees on the Judiciary of the 
                Senate and the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control and juvenile offender accountability programs, and 
        Federal policies regarding juvenile crime and justice, 
        including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control and juvenile offender accountability programs and 
        activities among Federal departments and agencies and between 
        such programs and activities and other Federal programs and 
        activities that the Administrator determines may have an 
        important bearing on the success of the entire national 
        juvenile crime control and juvenile offender accountability 
        effort;
            ``(3) provide for the auditing of grants provided pursuant 
        to this title;
            ``(4) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less frequently than once 
        each calendar year, a report on successful programs and 
        juvenile crime reduction methods utilized by States, 
        localities, and private entities;
            ``(5) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(6) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts; and
            ``(7) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title.
    ``(c) National Juvenile Crime Control and Juvenile Offender 
Accountability Budget.--
            ``(1) In general.--The Administrator shall--
                    ``(A) develop for each fiscal year, with the advice 
                of the program managers of departments and agencies 
                with responsibilities for any Federal juvenile crime 
                control or juvenile offender accountability program, a 
                consolidated National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan budget proposal 
                to implement the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan; and
                    ``(B) transmit such budget proposal to the 
                President and to Congress.
            ``(2) Submission of juvenile offender accountability budget 
        request.--
                    ``(A) In general.--Each Federal Government program 
                manager, agency head, and department head with 
                responsibility for any Federal juvenile crime control 
                or juvenile offender accountability program shall 
                submit the juvenile crime control and juvenile offender 
                accountability budget request of the program, agency, 
                or department to the Administrator at the same time as 
                such request is submitted to their superiors (and 
                before submission to the Office of Management and 
                Budget) in the preparation of the budget of the 
                President submitted to Congress under section 1105(a) 
                of title 31, United States Code.
                    ``(B) Timely development and submission.--The head 
                of each department or agency with responsibility for a 
                Federal juvenile crime control or juvenile offender 
                accountability program shall ensure timely development 
                and submission to the Administrator of juvenile crime 
                control and juvenile offender accountability budget 
                requests transmitted pursuant to this subsection, in 
                such format as may be designated by the Administrator 
                with the concurrence of the Administrator of the Office 
                of Management and Budget.
            ``(3) Review and certification.--The Administrator shall--
                    ``(A) review each juvenile crime control and 
                juvenile offender accountability budget request 
                transmitted to the Administrator under paragraph (2);
                    ``(B) certify in writing as to the adequacy of such 
                request in whole or in part to implement the objectives 
                of the National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan for the year for which the 
                request is submitted and, with respect to a request 
that is not certified as adequate to implement the objectives of the 
National Juvenile Crime Control and Juvenile Offender Accountability 
Plan, include in the certification an initiative or funding level that 
would make the request adequate; and
                    ``(C) notify the program manager, agency head, or 
                department head, as applicable, regarding the 
                certification of the Administrator under subparagraph 
                (B).
            ``(4) Recordkeeping requirement.--The Administrator shall 
        maintain records regarding certifications under paragraph 
        (3)(B).
            ``(5) Funding requests.--The Administrator shall request 
        the head of a department or agency to include in the budget 
        submission of the department or agency to the Office of 
        Management and Budget, funding requests for specific 
        initiatives that are consistent with the priorities of the 
        President for the National Juvenile Crime Control and Juvenile 
        Offender Accountability Plan and certifications made pursuant 
        to paragraph (3), and the head of the department or agency 
        shall comply with such a request.
            ``(6) Reprogramming and transfer requests.--
                    ``(A) In general.--No department or agency with 
                responsibility for a Federal juvenile crime control or 
                juvenile offender accountability program shall submit 
                to Congress a reprogramming or transfer request with 
                respect to any amount of appropriated amounts greater 
                than $5,000,000 that is included in the National 
                Juvenile Crime Control and Juvenile Offender 
                Accountability Plan budget unless such request has been 
                approved by the Administrator.
                    ``(B) Appeal to president.--The head of any 
                department or agency with responsibility for a Federal 
                juvenile crime control or juvenile offender 
                accountability program may appeal to the President any 
                disapproval by the Administrator of a reprogramming or 
                transfer request.
            ``(7) Quarterly reports.--The Administrator shall report to 
        Congress on a quarterly basis regarding the need for any 
        reprogramming or transfer of appropriated amounts for National 
        Juvenile Crime Control and Juvenile Offender Accountability 
        Plan activities.
    ``(d) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any activity 
involving any Federal juvenile crime control and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
    ``(e) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator may utilize the services and 
facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agreements, 
and to pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
    ``(f) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator under 
title shall be coordinated as appropriate with the functions of the 
Secretary of Health and Human Services under title III.
    ``(g) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--The Administrator shall require through 
        appropriate authority each Federal agency that administers a 
Federal juvenile crime control and juvenile offender accountability 
program to submit annually to the Office a juvenile crime control and 
juvenile offender accountability development statement. Such statement 
shall be in addition to any information, report, study, or survey that 
the Administrator may require under subsection (d).
            ``(2) Contents.--Each development statement submitted to 
        the Administrator under paragraph (1) shall contain such 
        information, data, and analyses as the Administrator may 
        require. Such analyses shall include an analysis of the extent 
        to which the program of the Federal agency submitting such 
        development statement conforms with and furthers Federal 
        juvenile crime control and juvenile offender accountability 
        prevention and treatment goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control and 
                juvenile offender accountability development statement 
                transmitted to the Administrator under paragraph (1).
                    ``(B) Inclusion in other documentation.--Such 
                development statement, together with the comments of 
                the Administrator, shall be included by the Federal 
                agency involved in every recommendation or request made 
                by such agency for Federal legislation that 
                significantly affects juvenile crime control and 
                juvenile offender accountability.
    ``(h) Juvenile Crime Control and Juvenile Offender Accountability 
Incentive Block Grants.--
            ``(1) In general.--The Administrator shall make, subject to 
        the availability of appropriations, grants to States to assist 
        them in planning, establishing, operating, coordinating, and 
        evaluating projects, directly or through grants and contracts 
        with public and private agencies, for the development of more 
        effective investigation, prosecution, and punishment (including 
        the imposition of graduated sanctions) of crimes or acts of 
        delinquency committed by juveniles, programs to improve the 
        administration of justice for and ensure accountability by 
        juvenile offenders, and programs to reduce the risk factors 
        (such as truancy, drug or alcohol use, and gang involvement) 
        associated with juvenile crime or delinquency.
            ``(2) Use of grants.--Grants under this title may be used--
                    ``(A) for programs to enhance the identification, 
                investigation, prosecution, and punishment of juvenile 
                offenders, such as--
                            ``(i) the utilization of graduated 
                        sanctions;
                            ``(ii) the utilization of short-term 
                        confinement of juveniles who are charged with 
                        or who are convicted of--
                                    ``(I) a crime of violence (as that 
                                term is defined in section 16 of title 
                                18, United States Code);
                                    ``(II) an offense involving a 
                                controlled substance (as that term is 
                                defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802);
                                    ``(III) an offense involving 
                                possession of a firearm (as that term 
                                is defined in section 921(a) of title 
                                18, United States Code); or
                                    ``(IV) an offense involving 
                                possession of a destructive device (as 
                                that term is defined in section 921(a) 
                                of title 18, United States Code); and
                            ``(iii) the incarceration of violent 
                        juvenile offenders for extended periods of 
time (including up to the length of adult sentences);
                    ``(B) for programs that provide restitution to the 
                victims of crimes committed by juveniles;
                    ``(C) for programs that require juvenile offenders 
                to attend and successfully complete school or 
                vocational training;
                    ``(D) for programs that require juvenile offenders 
                who are parents to demonstrate parental responsibility 
                by working and paying child support;
                    ``(E) for programs that seek to curb or punish 
                truancy;
                    ``(F) for programs designed to collect, record, and 
                disseminate information useful in the identification, 
                prosecution, and sentencing of offenders, such as 
                criminal history information, fingerprints, and DNA 
                tests;
                    ``(G) for programs that provide that, whenever a 
                juvenile who is not less than 14 years of age is 
                adjudicated delinquent, as defined by Federal or State 
                law in a juvenile delinquency proceeding for conduct 
                that, if committed by an adult, would constitute a 
                felony under Federal or State law, the State shall 
                ensure that a record is kept relating to the 
                adjudication that is--
                            ``(i) equivalent to the record that would 
                        be kept of an adult conviction for such an 
                        offense;
                            ``(ii) retained for a period of time that 
                        is equal to the period of time that records are 
                        kept for adult convictions;
                            ``(iii) made available to law enforcement 
                        agencies of any jurisdiction; and
                            ``(iv) made available to officials of a 
                        school, school district, or postsecondary 
                        school where the individual who is the subject 
                        of the juvenile record seeks, intends, or is 
                        instructed to enroll, and that such officials 
                        are held liable to the same standards and 
                        penalties that law enforcement and juvenile 
                        justice system employees are held liable to, 
                        under Federal and State law, for handling and 
                        disclosing such information;
                    ``(H) for juvenile crime control and prevention 
                programs (such as curfews, youth organizations, 
                antidrug programs, antigang programs, and after school 
                activities) that include a rigorous, comprehensive 
                evaluation component that measures the decrease in risk 
                factors associated with the juvenile crime and 
                delinquency and employs scientifically valid standards 
                and methodologies;
                    ``(I) for the development and implementation of 
                coordinated multijurisdictional or multiagency programs 
                for the identification, control, supervision, 
                prevention, investigation, and treatment of the most 
                serious juvenile offenses and offenders, sometimes 
                known as a `SHOCAP Program' (Serious Habitual Offenders 
                Comprehensive Action Program); or
                    ``(J) for the development and implementation of 
                coordinated multijurisdictional or multiagency programs 
                for the identification, control, supervision, 
                prevention, investigation, and disruption of youth 
                gangs.
            ``(3) Requirements.--To be eligible to receive a grant 
        under this title, a State shall make reasonable efforts, as 
        certified by the Governor, to ensure that, not later than July 
        1, 2000--
                    ``(A) juveniles age 14 and older can be prosecuted 
                under State law as adults, as a matter of law or 
                prosecutorial discretion for a crime of violence (as 
                that term is defined in section 16 of title 18, United 
                States Code) such as murder or armed robbery, an 
                offense involving a controlled substance (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)), or the unlawful possession of a firearm (as that 
                term is defined in section 921(a) of title 18, United 
                States Code) or a destructive device (as that term is 
                defined in section 921(a) of title 18, United States 
                Code);
                    ``(B) the State has in place a system of graduated 
                sanctions for juvenile offenders;
                    ``(C) the State has in place a juvenile court 
                system that treats juvenile offenders uniformly 
                throughout the State;
                    ``(D) the State collects, records, and disseminates 
                information useful in the identification, prosecution, 
                and sentencing of offenders, such as criminal history 
                information, fingerprints, and DNA tests (if taken), to 
                other Federal, State, and local law enforcement 
                agencies;
                    ``(E) the State ensures that religious 
                organizations can participate in rehabilitative 
                programs designed to purposes authorized by this title; 
                and
                    ``(F) the State shall not detain or confine 
                juveniles who are alleged to be or determined to be 
                delinquent in any institution in which the juvenile has 
                regular sustained physical contact with adult persons 
                who are detained or confined.
    ``(i) Distribution by State Offices to Eligible Applicants.--
            ``(1) In general.--Of amounts made available to the State, 
        not more than 20 percent shall be used for programs pursuant to 
        paragraph (2)(ii).
            ``(2) Eligible applicants.--Entities eligible to receive 
        amounts distributed by the State office under this title are--
                    ``(A) a unit of local government;
                    ``(B) local police or sheriff's departments;
                    ``(C) State or local prosecutor's offices;
                    ``(D) State or local courts responsible for the 
                administration of justice in cases involving juvenile 
                offenders;
                    ``(E) schools;
                    ``(F) nonprofit, educational, religious, or 
                community groups active in crime prevention or drug use 
                prevention and treatment; or
                    ``(G) any combination of the entities described in 
                subparagraphs (A) through (F).
    ``(j) Application to State Office.--
            ``(1) In general.--To be eligible to receive amounts from 
        the State office, the applicant shall prepare and submit to the 
        State office an application in written form that--
                    ``(A) describes the types of activities and 
                services for which the amount will be provided;
                    ``(B) includes information indicating the extent to 
                which the activities and services achieve the purposes 
                of the title;
                    ``(C) provide for the evaluation component required 
                by subsection (b)(2), which evaluation shall be 
                conducted by an independent entity; and
                    ``(D) provides any other information that the State 
                office may require.
            ``(2) Priority.--In approving applications under this 
        subsection, the State office should give priority to those 
        applicants demonstrating coordination with, consolidation of, 
        or expansion of existing State or local juvenile crime control 
        and juvenile offender accountability programs.
    ``(k) Funding Period.--The State office may award such a grant for 
a period of not more than 3 years.
    ``(l) Renewal of Grants.--The State office may renew grants made 
under this title. After the initial grant period, in determining 
whether to renew a grant to an entity to carry out activities, the 
State office shall give substantial weight to the effectiveness of the 
activities in achieving reductions in crimes committed by juveniles and 
in improving the administration of justice to juvenile offenders.
    ``(m) Special Grants.--Of amounts made available under this title 
in any fiscal year, the Administrator may use--
            ``(1) not more than 7 percent for grants for research and 
        evaluation;
            ``(2) not more than 3 percent for grants to Indian tribes 
        for purposes authorized by this title; and
            ``(3) not more than 5 percent for salaries and expenses of 
        the Office related to administering this title.''.
    (c) Repeals; Administrative Provisions.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended--
            (1) by striking sections 206 and 207 and inserting the 
        following:

``SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS.--

    ``(a) Allocation of Grant Amounts.--
            ``(1) In general.--Amounts made available under section 
        204(h) or part B shall be allocated to the States as follows:
                    ``(A) 0.25 percent shall be allocated to each 
                State; and
                    ``(B) of the total amount remaining after the 
                allocation under subparagraph (A), there shall be 
                allocated to each State an amount that bears the same 
                ratio to the amount of remaining funds described in 
                this paragraph as the juvenile population of such State 
                bears to the juvenile population of all the States.
            ``(2) Exceptions.--The amount allocated to the Virgin 
        Islands of the United States, Guam, American Samoa, the Trust 
        Territory of the Pacific Islands, and the Commonwealth of the 
        Northern Mariana Islands shall be not less than $75,000 and not 
        more than $100,000.
            ``(3) Reallocation prohibited.--Any amounts appropriated 
        but not allocated due to the ineligibility or nonparticipation 
        of any State shall not be reallocated, but shall revert to the 
        Treasury at the end of the fiscal year for which they were 
        appropriated.
            ``(4) Restrictions on the use of amounts.--
                    ``(A) Experimentation on individuals.--
                            ``(i) In general.--No amounts made 
                        available to carry out this title may be used 
                        for any biomedical or behavior control 
                        experimentation on individuals or any research 
                        involving such experimentation.
                            ``(ii) Definition of `behavior control'.--
                        In this subparagraph, the term `behavior 
                        control'--
                                    ``(I) means any experimentation or 
                                research employing methods that--
                                            ``(aa) involve a 
                                        substantial risk of physical or 
                                        psychological harm to the 
                                        individual subject; and
                                            ``(bb) are intended to 
                                        modify or alter criminal and 
                                        other antisocial behavior, 
                                        including aversive conditioning 
                                        therapy, drug therapy, 
                                        chemotherapy (except as part of 
                                        routine clinical care), 
                                        physical therapy of mental 
                                        disorders, electroconvulsive 
                                        therapy, or physical 
                                        punishment; and
                                    ``(II) does not include a limited 
                                class of programs generally recognized 
                                as involving no such risk, including 
                                methadone maintenance and certain 
                                alcohol treatment programs, 
                                psychological counseling, parent 
                                training, behavior contracting, 
                                survival skills training, restitution, 
                                or community service, if safeguards are 
                                established for the informed consent of 
                                subjects (including parents or 
                                guardians of minors).
                    ``(B) Prohibition against use of amounts in 
                construction.--No amount made available to any public 
                or private agency, or institution or to any individual 
                under this title (either directly or through a State 
                office) may be used for construction, except for minor 
                renovations or additions to an existing structure.
                    ``(C) Job training.--No amount made available under 
                this title may be used to carry out a youth employment 
                program to provide subsidized employment opportunities, 
                job training activities, or school-to-work activities 
                for participants.
                    ``(D) Lobbying.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no amount made available under 
                        this title to any public or private agency, 
                        organization, or institution or to any 
                        individual shall be used to pay for any 
                        personal service, advertisement, telegram, 
                        telephone communication, letter, printed or 
                        written matter, or other device intended or 
                        designed to influence a Member of Congress or 
                        any other Federal, State, or local elected 
                        official to favor or oppose any Act, bill, 
                        resolution, or other legislation, or any 
                        referendum, initiative, constitutional 
                        amendment, or any other procedure of Congress, 
                        any State legislature, any local council, or 
                        any similar governing body.
                            ``(ii) Exception.--This subparagraph does 
                        not preclude the use of amounts made available 
                        under this title in connection with 
                        communications to Federal, State, or local 
                        elected officials, upon the request of such 
                        officials through proper official channels, 
                        pertaining to authorization, appropriation, or 
                        oversight measures directly affecting the 
                        operation of the program involved.
                    ``(E) Legal action.--No amounts made available 
                under this title to any public or private agency, 
                organization, institution, or to any individual, shall 
                be used in any way directly or indirectly to file an 
                action or otherwise take any legal action against any 
                Federal, State, or local agency, institution, or 
                employee.
                    ``(F) Religious organizations.--
                            ``(i) In general.--The purpose of this 
                        subparagraph is to allow State and local 
                        governments to contract with religious 
                        organizations, or to allow religious 
                        organizations to accept certificates, vouchers, 
                        or other forms of disbursement under any 
                        program described in this title, on the same 
                        basis as any other nongovernmental provider 
                        without impairing the religious character of 
                        such organizations, and without diminishing the 
                        religious freedom of beneficiaries of 
                        assistance funded under such program.
                            ``(ii) Nondiscrimination against religious 
                        organizations.--A State or local government 
                        exercising its authority to distribute grants 
                        to applicants under this title shall ensure 
                        that religious organizations are eligible, on 
                        the same basis as any other private 
                        organization, as contractors to provide 
                        assistance, or to accept certificates, 
                        vouchers, or other forms of disbursement, under 
                        any program described in this title, so long as 
                        the programs are implemented consistent with 
                        the Establishment Clause of the United States 
                        Constitution. Except as provided in clause (x), 
                        neither the Federal Government nor a State 
                        receiving funds under such programs shall 
                        discriminate against an organization which is 
                        or applies to be a contractor to provide 
                        assistance, or which is or applies to be 
a contractor to provide assistance, or which accepts certificates, 
vouchers, or other forms of disbursement, on the basis that the 
organization has a religious character.
                            ``(iii) Religious character and freedom.--
                                    ``(I) Religious organizations.--A 
                                religious organization that 
                                participates in a program authorized by 
                                this title shall retain its 
                                independence from Federal, State, and 
                                local governments, including such 
                                organization's control over the 
                                definition, development, practice, and 
                                expression of its religious beliefs.
                                    ``(II) Additional safeguards.--
                                Neither the Federal Government nor a 
                                State shall require a religious 
                                organization to--
                                            ``(aa) alter its form of 
                                        internal governance; or
                                            ``(bb) remove religious 
                                        art, icons, scripture, or other 
                                        symbols;
                                in order to be eligible to contract to 
                                provide assistance, or to accept 
                                certificates, vouchers, or other forms 
                                of disbursements, funded under a 
                                program described in this title.
                            ``(iv) Rights of beneficiaries of 
                        assistance.--If juvenile offender has an 
                        objection to the religious character of the 
                        organization or institution from which the 
                        juvenile offender receives, or would receive, 
                        assistance funded under any program described 
                        in this title, the State in which the 
                        individual resides shall provide such 
                        individual (if otherwise eligible for such 
                        assistance) within a reasonable period of time 
                        after the date of such objection with 
                        assistance from an alternative provider.
                            ``(v) Employment practices.--A religious 
                        organization's exemption provided under section 
                        702 of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000e-1a) regarding employment practices shall 
                        not be affected by its participation in, or 
                        receipt of funds from, programs described in 
                        this title.
                            ``(vi) Nondiscrimination against 
                        beneficiaries.--Except as otherwise provided in 
                        law, a religious organization shall not 
                        discriminate against an individual in regard to 
                        rendering assistance funded under any program 
                        described in this title on the basis of 
                        religion, a religious belief, or refusal to 
                        actively participate in a religious practice.
                            ``(vii) Fiscal accountability.--
                                    ``(I) In general.--Subject to 
                                subclause (II), any religious 
                                organization contracting to provide 
                                assistance funded under any program 
                                described in clause (i)(II) shall be 
                                subject to the same regulations as 
                                other contractors to account in accord 
                                with generally accepted auditing 
                                principles for the use of such funds 
                                provided under such programs.
                                    ``(II) Limited audit.--If such 
                                organization segregates Federal funds 
                                provided under such programs into 
                                separate accounts, then only the 
                                financial assistance provided with such 
                                funds shall be subject to audit.
                            ``(viii) Compliance.--Any party which seeks 
                        to enforce its rights under this subparagraph 
                        may assert a civil action for injunctive relief 
                        exclusively in an appropriate State court 
                        against the entity or agency that allegedly 
                        commits such violation.
                            ``(ix) Limitations on use of funds for 
                        certain purposes.--No funds provided directly 
                        to institutions or organizations to provide 
                        services and administer programs under this 
                        title shall be expended for sectarian worship, 
                        instruction, or proselytization.
                            ``(x) Preemption.--Nothing in this 
                        subparagraph shall be construed to preempt any 
                        provision of a State constitution or State 
                        statute that prohibits or restricts the 
                        expenditure of State funds in or by religious 
                        organizations.
            ``(5) Penalties.--
                    ``(A) In general.--If any amounts are used for the 
                purposes prohibited in either subparagraph (D) or (E) 
                of paragraph (4)--
                            ``(i) all funding for the agency, 
                        organization, institution, or individual at 
                        issue shall be immediately discontinued; and
                            ``(ii) the agency, organization, 
                        institution, or individual using amounts for 
                        the purpose prohibited in subparagraph (D) or 
                        (E) of paragraph (4) shall be liable for 
                        reimbursement of all amounts granted to the 
                        individual or entity for the fiscal year for 
                        which the amounts were granted.
                    ``(B) Liability for expenses and damages.--In 
                relation to a violation of paragraph (4)(E), the 
                individual filing the lawsuit or responsible for taking 
                the legal action against the Federal, State, or local 
                agency or institution, or individual working for the 
                Government, shall be individually liable for all legal 
                expenses and any other expenses of the government 
                agency, institution, or individual working for the 
                Government, including damages assessed by the jury 
                against the Government agency, institution, or 
                individual working for the government, and any punitive 
                damages.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this title--
                    ``(A) $650,000,000 for fiscal year 1998;
                    ``(B) $650,000,000 for fiscal year 1999;
                    ``(C) $650,000,000 for fiscal year 2000;
                    ``(D) $650,000,000 for fiscal year 2001; and
                    ``(E) $650,000,000 for fiscal year 2002.
            ``(2) Allocation of appropriations.--Of amounts authorized 
        to be appropriated under paragraph (1) in each fiscal year--
                    ``(A) $500,000,000 shall be for programs under 
                section 204(h); and
                    ``(B) $150,000,000 shall be for programs under part 
                B.
            ``(3) Availability of funds.--Amounts made available 
        pursuant to this subsection, and allocated pursuant to 
        paragraph (1) in any fiscal year shall remain available until 
        expended.

``SEC. 207. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority of Administrator.--The Office shall be administered 
by the Administrator under the general authority of the Attorney 
General.
    ``(b) Applicability of Certain Crime Control Provisions.--Sections 
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c), 
3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall apply 
with respect to the administration of and compliance with this Act, 
except that for purposes of this Act--
            ``(1) any reference to the Office of Justice Programs in 
        such sections shall be considered to be a reference to the 
        Assistant Attorney General who heads the Office of Justice 
        Programs; and
            ``(2) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this Act.
    ``(c) Applicability of Certain Other Crime Control Provisions.--
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply 
with respect to the administration of and compliance with this Act, 
except that, for purposes of this Act--
            ``(1) any reference to the Attorney General, the Assistant 
        Attorney General who heads the Office of Justice Programs, the 
        Director of the National Institute of Justice, the Director of 
        the Bureau of Justice Statistics, or the Director of the Bureau 
        of Justice Assistance shall be considered to be a reference to 
        the Administrator;
            ``(2) any reference to the Office of Justice Programs, the 
        Bureau of Justice Assistance, the National Institute of 
        Justice, or the Bureau of Justice Statistics shall be 
        considered to be a reference to the Office of Juvenile Justice 
        and Delinquency Prevention; and
            ``(3) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this Act.
    ``(d) Rules, Regulations, and Procedures.--The Administrator may, 
after appropriate consultation with representatives of States and units 
of local government, establish such rules, regulations, and procedures 
as are necessary for the exercise of the functions of the Office and as 
are consistent with the purpose of this Act.
    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--
            ``(1) the program or activity for which the grant or 
        contract involved was made has been so changed that the program 
        or activity no longer complies with this title; or
            ``(2) in the operation of such program or activity there is 
        failure to comply substantially with any provision of this 
        title.'';
            (2) in part B--
                    (A) in section 221(b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``section 223'' and 
                                inserting ``section 222''; and
                                    (II) by striking ``section 223(c)'' 
                                and inserting ``section 222(c)''; and
                            (ii) in paragraph (2), by striking 
                        ``section 299(c)(1)'' and inserting ``section 
                        222(a)(1)''; and
                    (B) by striking sections 222 and 223 and inserting 
                the following:

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan for carrying out its purposes 
applicable to a 3-year period. The State shall submit annual 
performance reports to the Administrator which shall describe progress 
in implementing programs contained in the original plan, and shall 
describe the status of compliance with State plan requirements. In 
accordance with regulations which the Administrator shall prescribe, 
such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of general local government or 
        combinations thereof in the development of a State plan which 
        adequately takes into account the needs and requests of local 
        governments, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;
            ``(4) provide that the chief executive officer of the unit 
        of general local government shall assign responsibility for the 
        preparation and administration of the local government's part 
        of a State plan, or for the supervision of the preparation and 
        administration of the local government's part of the State 
        plan, to that agency within the local government's structure or 
        to a regional planning agency (in this part referred to as the 
        `local agency') which can most effectively carry out the 
        purposes of this part and shall provide for supervision of the 
        programs funded under this part by that local agency;
            ``(5)(A) provide for--
                    ``(i) an analysis of juvenile crime problems 
                (including the joining of gangs that commit crimes) and 
                juvenile justice and delinquency prevention needs 
                (including educational needs) within the relevant 
                jurisdiction (including any geographical area in which 
                an Indian tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                jurisdiction;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs which are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts which shall coordinate all State juvenile 
                delinquency programs with respect to overall policy and 
                development of objectives and priorities for all State 
                juvenile delinquency programs and activities, including 
                provision for regular meetings of State officials with 
                responsibility in the area of juvenile justice and 
                delinquency prevention;
            ``(B) contain--
                    ``(i) an analysis of services for the prevention 
                and treatment of juvenile delinquency in rural areas, 
                including the need for such services, the types of such 
                services available in rural areas, and geographically 
                unique barriers to providing such services; and
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
            ``(C) contain--
                    ``(i) an analysis of mental health services 
                available to juveniles in the juvenile justice system 
                (including an assessment of the appropriateness of the 
                particular placements of juveniles in order to receive 
                such services) and of barriers to access to such 
                services; and
                    ``(ii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(6) provide for the active consultation with and 
        participation of private agencies in the development and 
        execution of the State plan; and provide for coordination and 
        maximum utilization of existing juvenile delinquency programs 
        and other related programs, such as education, special 
        education, recreation, health, and welfare within the State;
            ``(7) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(8) provide that not less than 75 percent of the funds 
        made available to the State pursuant to grants under section 
        221, whether expended directly by the State, by the unit of 
        general local government, or by a combination thereof, or 
        through grants and contracts with public or private nonprofit 
        agencies, shall be used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, specifically--
                            ``(i) for youth who can remain at home with 
                        assistance, home probation and programs 
                        providing professional supervised group 
                        activities or individualized mentoring 
                        relationships with adults that involve the 
                        family and provide counseling and other 
                        supportive services;
                            ``(ii) for youth who need temporary 
                        placement, crisis intervention, shelter, and 
                        after-care; and
                            ``(iii) for youth who need residential 
                        placement, a continuum of foster care or group 
                        home alternatives that provide access to a 
                        comprehensive array of services;
                    ``(B) community-based programs and services to work 
                with--
                            ``(i) parents and other family members to 
                        strengthen families, including parent self-help 
                        groups, so that juveniles may be retained in 
                        their homes;
                            ``(ii) juveniles during their 
                        incarceration, and with their families, to 
                        ensure the safe return of such juveniles to 
                        their homes and to strengthen the families; and
                            ``(iii) parents with limited-English 
                        speaking ability, particularly in areas where 
                        there is a large population of families with 
                        limited-English speaking ability;
                    ``(C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, and private nonprofit 
                agencies offering youth services;
                    ``(D) projects designed to develop and implement 
                programs stressing advocacy activities aimed at 
                improving services for and protecting the rights of 
                youth affected by the juvenile justice system;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles, provided equitably 
                regardless of sex, race, or family income, designed 
                to--
                            ``(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, including--
                                    ``(I) education in settings that 
                                promote experiential, 
individualized learning and exploration of academic and career options;
                                    ``(II) assistance in making the 
                                transition to the world of work and 
                                self-sufficiency;
                                    ``(III) alternatives to suspension 
                                and expulsion; and
                                    ``(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the opportunities 
                                that education provides; and
                            ``(ii) enhance coordination with the local 
                        schools that such juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanded use of home probation and 
                recruitment and training of home probation officers, 
                other professional and paraprofessional personnel, and 
                volunteers to work effectively to allow youth to remain 
                at home with their families as an alternative to 
                incarceration or institutionalization;
                    ``(G) youth-initiated outreach programs designed to 
                assist youth (including youth with limited proficiency 
                in English) who otherwise would not be reached by 
                traditional youth assistance programs;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                handicapped youth;
                    ``(I) projects designed both to deter involvement 
                in illegal activities and to promote involvement in 
                lawful activities on the part of gangs whose membership 
                is substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of youths' dependence on or abuse of 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) law-related education programs (and projects) 
                for delinquent and at-risk youth designed to prevent 
                juvenile delinquency;
                    ``(L) programs for positive youth development that 
                assist delinquent and other at-risk youth in 
                obtaining--
                            ``(i) a sense of safety and structure;
                            ``(ii) a sense of belonging and membership;
                            ``(iii) a sense of self-worth and social 
                        contribution;
                            ``(iv) a sense of independence and control 
                        over one's life;
                            ``(v) a sense of closeness in interpersonal 
                        relationships; and
                            ``(vi) a sense of competence and mastery 
                        including health and physical competence, 
                        personal and social competence, cognitive and 
                        creative competence, vocational competence, and 
                        citizenship competence, including ethics and 
                        participation;
                    ``(M) programs that, in recognition of varying 
                degrees of the seriousness of delinquent behavior and 
                the corresponding gradations in the responses of the 
                juvenile justice system in response to that behavior, 
                are designed to--
                            ``(i) encourage courts to develop and 
                        implement a continuum of post-adjudication 
                        restraints that bridge the gap between 
                        traditional probation and confinement in a 
                        correctional setting (including expanded use of 
                        probation, mediation, restitution, community 
                        service, treatment, home detention, intensive 
                        supervision, electronic monitoring, boot camps 
                        and similar programs, and secure community-
                        based treatment facilities linked to other 
                        support services such as health, mental health, 
                        education (remedial and special), job training, 
                        and recreation); and
                            ``(ii) assist in the provision by the 
                        Administrator of information and technical 
                        assistance, including technology transfer, to 
                        States in the design and utilization of risk 
                        assessment mechanisms to aid juvenile justice 
                        personnel in determining appropriate sanctions 
                        for delinquent behavior;
                    ``(N) programs designed to prevent and reduce hate 
                crimes committed by juveniles, including educational 
                programs and sentencing programs designed specifically 
                for juveniles who commit hate crimes and that provide 
                alternatives to incarceration; and
                    ``(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited-English speaking ability that 
                include delinquent juveniles to overcome language and 
                cultural barriers that may prevent the complete 
                treatment of such juveniles and the preservation of 
                their families;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that the State shall not detain or confine 
        juveniles who are alleged to be or determined to be delinquent 
        in any institution in which the juvenile has regular sustained 
        physical contact with adult persons who are detained or 
        confined;
            ``(11) provide for an adequate system of monitoring jails, 
        detention facilities, correctional facilities, and nonsecure 
        facilities to ensure that the requirements of paragraph (10) 
        are met, and for annual reporting of the results of such 
        monitoring to the Administrator, except that such reporting 
        requirements shall not apply in the case of a State which is in 
        compliance with the other requirements of this paragraph, which 
        is in compliance with the requirements in paragraph (10), and 
        which has enacted legislation which conforms to such 
        requirements and which contains, in the opinion of the 
        Administrator, sufficient enforcement mechanisms to ensure that 
        such legislation will be administered effectively;
            ``(12) provide assurance that youth in the juvenile justice 
        system are treated equitably on the basis of gender, race, 
        family income, and mentally, emotionally, or physically 
        handicapping conditions;
            ``(13) provide assurance that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members when possible and appropriate and the provision 
        of family counseling during the incarceration of juvenile 
        family members and coordination of family services when 
        appropriate and feasible);
            ``(14) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(15) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(16) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be so used 
        as to supplement and increase (but not supplant) the level of 
        the State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds; and
            ``(17) provide that the State agency designated under 
        paragraph (1) will from time to time, but not less often than 
        annually, review its plan and submit to the Administrator an 
        analysis and evaluation of the effectiveness of the programs 
        and activities carried out under the plan, and any 
        modifications in the plan, including the survey of State and 
        local needs, which it considers necessary.
    ``(b) Approval by State Agency.--The State agency designated under 
subsection (a)(1) shall approve the State plan and any modification 
thereof prior to submission to the Administrator.
    ``(c) Approval by Administrator; Compliance With Statutory 
Requirements.--
            ``(1) In general.--The Administrator shall approve any 
        State plan and any modification thereof that meets the 
        requirements of this section.
            ``(2) Reduced allocations.--If a State fails to comply with 
        any requirement of subsection (a)(10) in any fiscal year 
        beginning after January 1, 1998, the State shall be ineligible 
        to receive any allocation under that section for such fiscal 
        year unless--
                    ``(A) the State agrees to expend all the remaining 
                funds the State receives under this part for that 
                fiscal year only to achieve compliance with such 
                paragraph; or
                    ``(B) the Administrator determines, in the 
                discretion of the Administrator, that the State--
                            ``(i) has achieved substantial compliance 
                        with such paragraph; and
                            ``(ii) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance within 
                        a reasonable time.''; and
            (3) by striking parts C, D, E, F, G, and H, and each part 
        designated as part I.

SEC. 303. RUNAWAY AND HOMELESS YOUTH.

    Section 385 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5751) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1998 and such sums as may be 
                necessary for fiscal years 1999, 2000, 2001, and 
                2002''; and
                    (B) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively;
            (2) in subsection (b), by striking ``1993 and such sums as 
        may be necessary for fiscal years 1994, 1995, and 1996'' and 
        inserting ``1998 and such sums as may be necessary for fiscal 
        years 1999, 2000, 2001, and 2002''; and
            (3) in subsection (c), by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    Title IV of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5771 et seq.) is amended--
            (1) in section 403, by striking paragraph (2) and inserting 
        the following:
            ``(2) the term `Administrator' means the Administrator of 
        the Office of Juvenile Crime Control and Accountability.'';
            (2) by striking section 404; and
            (3) in section 408, by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 305. REPEAL.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5781 et seq.) is repealed.

SEC. 306. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--In this section, unless otherwise provided or 
indicated by the context--
            (1) the term ``Administrator of the Office'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        Prevention;
            (2) the term ``Bureau of Justice Assistance'' means the 
        bureau established under section 401 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968;
            (3) the term ``Administrator'' means the Administrator of 
        the Office of Juvenile Crime Control and Accountability 
        established by operation of subsection (b);
            (4) the term ``Federal agency'' has the meaning given the 
        term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (5) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (6) the term ``Office of Juvenile Crime Control and 
        Accountability'' means the office established by operation of 
        subsection (b);
            (7) the term ``Office of Juvenile Justice and Delinquency 
        Prevention'' means the Office of Juvenile Justice and 
        Delinquency Prevention within the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
before the date of enactment of this Act; and
            (8) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Office of 
Juvenile Crime Control and Accountability all functions that the 
Administrator of the Office exercised before the date of enactment of 
this Act (including all related functions of any officer or employee of 
the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the enactment of this Act, relating to carrying out 
the Juvenile Justice and Delinquency Prevention Act of 1974.
    (c) Transfer and Allocations of Appropriations and Personnel.--
            (1) In general.--Except as otherwise provided in this 
        section and in section 101(a) (relating to Juvenile Justice 
        Programs) of the Omnibus Consolidated Appropriations Act, 1997, 
        the personnel employed in connection with, and the assets, 
        liabilities, contracts, property, records, and unexpended 
        balances of appropriations, authorizations, allocations, and 
        other amounts employed, used, held, arising from, available to, 
        or to be made available in connection with the functions 
        transferred by this section, subject to section 1531 of title 
        31, United States Code, shall be transferred to the Office of 
        Juvenile Crime Control and Accountability.
            (2) Unexpended amounts.--Any unexpended amounts transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the amounts were originally authorized and 
        appropriated.
    (d) Incidental Transfers.--
            (1) In general.--The Director of the Office of Management 
        and Budget, at such time or times as the Director of that 
        Office shall provide, may make such determinations as may be 
        necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.
            (2) Termination of affairs.--The Director of the Office of 
        Management and Budget shall provide for the termination of the 
        affairs of all entities terminated by this section and for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
    (e) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        date of enactment of this Act, held a position compensated in 
        accordance with the Executive Schedule prescribed in chapter 53 
        of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Crime Control 
        and Accountability to a position having duties comparable to 
        the duties performed immediately preceding such appointment 
        shall continue to be compensated in such new position at not 
        less than the rate provided for such previous position, for the 
        duration of the service of such person in such new position.
            (3) Transition rule.--
                    (A) In general.--The incumbent Administrator of the 
                Office as of the date immediately preceding the date of 
                enactment of this Act shall continue to serve as 
                Administrator after the enactment of this Act until 
                such time as the incumbent resigns, is relieved of duty 
                by the President, or an Administrator is appointed by 
                the President, by and with the advice and consent of 
                the Senate.
                    (B) Nominee.--Not later than 6 months after the 
                date of enactment of this Act, the President shall 
                submit to the Senate for its consideration the name of 
                the individual nominated to be appointed as the 
                Administrator.
    (f) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
Federal agency or official thereof, or by a court of competent 
jurisdiction, in the performance of functions that are transferred 
under this section; and
                    (B) that are in effect at the time this section 
                takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be continued.
                    (B) Orders; appeals; payments.--Orders shall be 
                issued in such proceedings, appeals shall be taken 
                therefrom, and payments shall be made pursuant to such 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this paragraph shall be construed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the date of enactment of this Act, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this section may be continued, to 
        the extent authorized by this section, by the Office of 
        Juvenile Crime Control and Accountability with the same effect 
        as if this section had not been enacted.
    (g) Transition.--The Administrator may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Crime Control and Accountability by this section; 
        and
            (2) amounts appropriated to such functions for such period 
        of time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (h) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred by 
        operation of subsection (b), shall be considered to refer to 
        the Administrator of the Office of Juvenile Crime Control and 
        Accountability; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Accountability.
    (i) Technical and Conforming Amendment.--Section 5315 of title 5, 
United States Code, is amended by striking ``Administrator, Office of 
Juvenile Crime Control and Accountability''.

SEC. 307. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through S, subtitle U, and 
        subtitle X.
            (2) Title v.--Title V of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 3797 et seq.) is repealed.
            (3) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
    (b) Elementary and Secondary Education Act.--
            (1) Title iv.--Title IV of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7101) is repealed.
            (2) Title v.--Part C of title V of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is 
        repealed.
    (c) Public Health Service Act.--Section 517 of the Public Health 
Service Act (42 U.S.C. 290bb-23) is repealed.
    (d) Human Services Reauthorization Act.--Section 408 of the Human 
Services Reauthorization Act is repealed.
    (e) Community Services Block Grants Act.--Section 682 of the 
Community Services Block Grants Act (42 U.S.C. 9901) is repealed.
    (f) Anti-Drug Abuse Act.--Subtitle B of title III of the Anti-Drug 
Abuse Act of 1988 (42 U.S.C. 11801 et seq.) is amended by striking 
chapters 1 and 2.

SEC. 308. CIVIL MONETARY PENALTY SURCHARGE.

    (a) Imposition.--Subject to subsection (b) and notwithstanding any 
other provision of law, a surcharge of 40 percent of the principal 
amount of a civil monetary penalty shall be added to each civil 
monetary penalty assessed by the United States or any agency thereof at 
the time the penalty is assessed.
    (b) Limitation.--This section does not apply to any monetary 
penalty assessed under the Internal Revenue Code of 1986.
    (c) Use of Surcharges.--Amounts collected from the surcharge 
imposed under this section shall be used for Federal programs to combat 
youth violence.
    (d) Effective Dates.--
            (1) In general.--A surcharge under subsection (b) shall be 
        added to each civil monetary penalty assessed on or after the 
        later of October 1, 1997 and the date of enactment of this Act.
            (2) Expiration of authority.--The authority to add a 
        surcharge under this subsection shall terminate at the close of 
        September 30, 2002.
                                 <all>