[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 825 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 825

To provide for violent and repeat juvenile offender accountability, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 1997

 Mr. Ashcroft introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for violent and repeat juvenile offender accountability, 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 ``Protect Children 
From Violence Act''.
    (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 declaration of purposes.
Sec. 3. Definitions.
TITLE I--VIOLENT, ARMED, AND DANGEROUS JUVENILE OFFENDER ACCOUNTABILITY

     Subtitle A--Protecting Children From Drugs, Guns, and Violence

Sec. 101. Increased penalties for distributing drugs to minors.
Sec. 102. Increased penalty for drug trafficking in or near a school or 
                            other protected location.
Sec. 103. Increased penalties for using minors to distribute drugs.
Sec. 104. Use of minors in crimes of violence.
Sec. 105. Solicitation or recruitment of minors in criminal gang 
                            activity.
Sec. 106. Transfer of firearms to minors for use in crime.
Sec. 107. Mandatory minimum sentences for juveniles for illegal 
                            possession of firearms or use of firearms 
                            in commission of crimes.
Sec. 108. Crimes involving the use of minors as RICO predicates.
    Subtitle B--Violent and Repeat Juvenile Offender Accountability

Sec. 121. Treatment of juvenile offenders.
Sec. 122. Use of juvenile records.
Sec. 123. Juvenile adjudications considered in sentencing.
Sec. 124. Disposition; availability of increased detention, fines, and 
                            supervised release for juvenile offenders.
Sec. 125. Violent, armed, and dangerous youth apprehension directive.
Sec. 126. Construction of Federal juvenile corrections facilities.
                  Subtitle C--Combating Gang Violence

Sec. 131. Gang franchising.
Sec. 132. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 133. Amendment of title 18 with respect to criminal street gangs.
Sec. 134. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 135. Serious juvenile drug offenses as armed career criminal act 
                            predicates.
Sec. 136. Application of racketeering offenses to firearms offenses.
Sec. 137. Increasing the penalty for using physical force or tampering 
                            with witnesses, victims, or informants.
 TITLE II--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION 
                       INCENTIVE GRANTS TO STATES

Sec. 201. Block grant program.
                  TITLE III--REFORM OF GRANT PROGRAMS

Sec. 301. Findings and purposes.
Sec. 302. Definitions.
Sec. 303. Office of Juvenile Justice and Delinquency Prevention.
Sec. 304. Annual report.
Sec. 305. Block grants for State and local programs.
Sec. 306. State plans.
Sec. 307. Repeals.
Sec. 308. Authorization of appropriations.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--Congress finds that--
            (1) at the beginning of the twentieth century, States 
        adopted separate justice systems for juvenile offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were virtually an unknown 
        phenomenon at that time, but the rate at which juveniles commit 
        those crimes has escalated astronomically recently;
            (3) in 1994--
                    (A) juveniles accounted for nearly 20 percent of 
                all violent crime committed in the United States;
                    (B) 65 percent of juvenile murder victims were 
                killed with a firearm; and
                    (C) 31 percent of juvenile arrests for violent 
                crimes involved juveniles less than 15 years of age;
            (4) the number of juvenile arrests for violent crimes is 
        expected to more than double by the year 2010;
            (5) the juveniles who commit the most serious offenses are 
        becoming increasingly violent;
            (6) the homicide rate for individuals between 14 and 17 
        years of age is 4 times the rate for adults;
            (7) according to the results of a nationwide survey of law 
        enforcement agencies, there are 23,388 gangs and 664,906 gang 
        members in the United States;
            (8) Federal programs for juveniles have not provided the 
        direction, coordination, resources, and leadership required to 
        meet the current crisis in juvenile delinquency;
            (9) the high incidence of delinquency in the United States 
        today results in enormous annual economic losses and 
        substantial loss of human life, reduction in personal security, 
        and wasted human resources;
            (10) juvenile delinquency constitutes a growing threat to 
        the national welfare that requires an immediate response by the 
        Federal Government;
            (11) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when it enacted the 
        Sentencing Reform Act of 1984, is inadequate and inappropriate 
        for dealing with violent and repeat juvenile offenders;
            (12) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and photographs, as 
        well as greater sharing of that information among Federal, 
        State, and local agencies, including the courts, in the law 
        enforcement and educational systems;
            (13) data regarding violent juvenile offenders must be made 
        available to the adult criminal justice system if recidivism by 
        criminals is to be addressed adequately;
            (14) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at the 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (15) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (16) the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles is, and 
        should remain, primarily the responsibility of the States.
    (b) Purposes.--The purposes of this Act are--
            (1) to reform juvenile law to ensure public safety and to 
        hold juvenile wrongdoers accountable for their actions, while 
        providing the wrongdoer a genuine opportunity for self-reform;
            (2) to revise the procedures in Federal court applicable to 
        the prosecution of juvenile offenders; and
            (3) to target the problem of violent crime and controlled 
        substance offenses committed by youth gangs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Crime of violence.--The term ``crime of violence'' has 
        the same meaning as in section 16 of title 18, United States 
        Code.

TITLE I--VIOLENT, ARMED, AND DANGEROUS JUVENILE OFFENDER ACCOUNTABILITY

     Subtitle A--Protecting Children From Drugs, Guns, and Violence

SEC. 101. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 102. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL OR 
              OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``three years'' each 
        place that term appears and inserting ``5 years''.

SEC. 103. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 104. USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a crime of violence, or to assist in avoiding detection 
or apprehension for a crime of violence, shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine for the crime of violence; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum imprisonment and 
        3 times the maximum fine otherwise provided for the crime of 
        violence in which the minor is used.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the same meaning as in section 16.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 18, 
United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.

SEC. 105. SOLICITATION OR RECRUITMENT OF MINORS 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 minors 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 a minor to 
        be a member of a criminal street gang, or conspire to do so; or
            ``(2) recruit, solicit, request, induce, counsel, command, 
        or cause a minor to engage in a predicate gang crime for which 
        the 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) be imprisoned not less than 4 years and not more than 
        10 years, or be imprisoned not less than 4 years and not more 
        than 10 years and fined under this title; 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) Criminal street gang; predicate gang crime.--The 
        terms `criminal street gang' and `predicate gang crime' have 
        the same meanings as in section 521.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.''.
    (b) 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 to provide an appropriate enhancement for 
        any offense involving the recruitment of a minor to participate 
        in a criminal street gang.
            (2) Definitions.--In this subsection:
                    (A) Criminal street gang.--The term ``criminal 
                street gang'' has the same meaning as in section 521 of 
                title 18, United States Code.
                    (B) Minor.--The term ``minor'' means a person who 
                is less than 18 years of age.
    (c) Conforming Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following:

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

SEC. 106. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.

    Section 924(h) of title 18, United States Code, is amended by 
inserting before the period at the end the following: ``, and if the 
transferee is a person who is less than 18 years of age, shall be 
imprisoned not less than 3 years and not more than 15 years, or 
imprisoned not less than 3 years and not more than 15 years and fined 
under this title.''.

SEC. 107. MANDATORY MINIMUM SENTENCES FOR JUVENILES FOR ILLEGAL 
              POSSESSION OF FIREARMS OR USE OF FIREARMS IN COMMISSION 
              OF CRIMES.

    (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) by striking clause (i) and inserting the 
                following:
                            ``(i) shall be imprisoned not less than 1 
                        year and not more than 5 years or imprisoned 
                        not less than 1 year and not more than 5 years 
                        and fined under this title; and''; and
                    (C) in clause (ii), by striking ``fined under this 
                title, imprisoned not more than 10 years, or both'' and 
                inserting ``imprisoned not less than 1 year and not 
                more than 10 years, or imprisoned not less than 1 year 
                and not more than 10 years and fined under this 
                title''; 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 14 years of age.''.

SEC. 108. CRIMES INVOLVING THE USE OF MINORS 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 of the 
        paragraph the following: ``, or (G) any offense that is subject 
        to a sentencing enhancement under section 25''.

    Subtitle B--Violent and Repeat Juvenile Offender Accountability

SEC. 121. TREATMENT OF JUVENILE OFFENDERS.

    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.--
            ``(1) Surrender to state authorities.--A juvenile alleged 
        to have committed an offense against the United States or an 
        act of juvenile delinquency may be surrendered to State 
        authorities, but if not so surrendered, shall be proceeded 
        against as a juvenile under this subsection or tried as an 
        adult in the circumstances described in subsection (b).
            ``(2) Juvenile proceedings.--If a juvenile alleged to have 
        committed an act of juvenile delinquency is proceeded against 
        as a juvenile under this section, any proceedings against the 
        juvenile shall be in an appropriate district court of the 
        United States. For such purposes, the court may be convened at 
        any time and place within the district, and shall be open to 
        the public, except that the court may exclude all or some 
        members of the public, other than a victim unless the victim is 
        a witness in the determination of guilt or innocence, if 
        required by the interests of justice or if other good cause is 
        shown. The United States Attorney having jurisdiction over the 
        offense shall proceed by information or as authorized by 
        section 3401(g) of this title, and no criminal prosecution 
        shall be instituted except as provided in this chapter.
    ``(b) Juveniles Tried as Adults.--A juvenile who is not less than 
14 years of age and who is alleged to have committed an act of juvenile 
delinquency that, if committed by an adult, would be a Federal felony 
offense--
            ``(1) shall be tried in the appropriate district court of 
        the United States as an adult if the offense charged is--
                    ``(A) murder or attempted murder;
                    ``(B) robbery while armed with a dangerous or 
                deadly weapon;
                    ``(C) battery or assault while armed with a 
                dangerous or deadly weapon;
                    ``(D) forcible rape;
                    ``(E) any serious drug offense that, if committed 
                by an adult, would be punishable under section 
401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 
841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); and
                    ``(F) the third or subsequent occasion, unrelated 
                to any previous occasion, on which the juveniles engage 
                in conduct for which adults could be imprisoned for a 
                term exceeding 1 year, unless, on a case-by-case basis 
                the United States district court of appropriate 
                jurisdiction--
                            ``(i) determines, on a motion from the 
                        juvenile defendant, that trying such a juvenile 
                        as an adult is not in the interest of justice 
                        (which determination shall not be appealable);
                            ``(ii) records its reasons for making the 
                        determination in writing and makes that record 
                        available for inspection by the public; and
                            ``(iii) makes a record in writing of the 
                        disposition of the juvenile in the juvenile 
                        justice system available to the public, 
                        notwithstanding any other law requiring the 
                        information to be withheld or limited in any 
                        way from access by the public.'';
            ``(2) may be tried as an adult, if the United States 
        Attorney having jurisdiction over the offense determines that 
        there is a substantial Federal interest in the case, or the 
        offense otherwise warrants the exercise of Federal 
        jurisdiction--
                    ``(A) if the offense charged is an offense 
                described in--
                            ``(i) subsection (b), (g), or (h) of 
                        section 924; or
                            ``(ii) section 922(x); or
                    ``(B) if the juvenile is alleged to have committed 
                (after the juvenile has attained the age of 13) an act 
                that, if committed by an adult, would be a felony crime 
                of violence (as that term is defined in section 16); 
                and
            ``(3) in all other cases, shall be proceeded against as a 
        juvenile.
    ``(c) Further Proceedings.--Whenever a juvenile transferred to 
district court under this section is not convicted of the crime upon 
which the transfer was based or another crime which would have 
warranted transfer had the juvenile been initially charged with that 
crime, further proceedings concerning the juvenile shall be conducted 
pursuant to this chapter.''.

SEC. 122. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) by striking subsections (d) and (f);
            (2) by redesignating subsection (e) as subsection (d); and
            (3) by adding at the end the following:
    ``(e) Use of Juvenile Records.--
            ``(1) In general.--The court shall comply with the 
        requirements of paragraph (2), if a juvenile is adjudicated 
        delinquent in a juvenile delinquency proceeding for conduct 
        that, if committed by an adult, would constitute a felony.
            ``(2) Requirements.--The requirements referred to in 
        paragraph (1) are that--
                    ``(A) a record shall be 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;
                            ``(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 those 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 the information; and
                            ``(v) made available to any court having 
                        criminal jurisdiction over such an individual 
                        (in a juvenile or adult proceeding) for the 
                        purpose of allowing the court to consider the 
                        prior juvenile history of the individual as a 
                        relevant factor in determining appropriate 
                        punishment for the individual at the sentencing 
                        hearing;
                    ``(B) the juvenile shall be fingerprinted and 
                photographed, and the fingerprints and photograph shall 
                be--
                            ``(i) sent to the Identification Division 
                        of the Federal Bureau of Investigation; and
                            ``(ii) otherwise made available to the same 
                        extent that fingerprints and photographs of 
                        adults are made available; and
                    ``(C) the court in which the adjudication takes 
                place shall transmit to the Identification Division of 
                the Federal Bureau of Investigation, any information 
                concerning the adjudication, including the name, date 
                of adjudication, court, offenses, and disposition, 
                along with a prominent notation that the matter 
                concerns a juvenile adjudication.
            ``(3) Dissemination of juvenile records by the federal 
        bureau of investigation.--
                    ``(A) In general.--Any juvenile records received by 
                the Federal Bureau of Investigation under this 
                subsection shall be disseminated to State and local law 
                enforcement officials to the same extent and on the 
                same terms as the Federal Bureau of Investigation makes 
                adult records available to those officials, except that 
                all juvenile records shall include a prominent notation 
                that the matter concerns a juvenile adjudication.
                    ``(B) Information to school officials.--The head of 
                the Identification Division of the Federal Bureau of 
                Investigation shall provide, upon request, the 
                information received by the Director under this 
                subsection to officials of a school, school district, 
                or postsecondary school at which the individual who is 
                the subject of the information seeks, intends, or is 
                instructed or ordered to enroll.
            ``(4) Repeat offenders.--If a juvenile has been adjudicated 
        to be delinquent on 2 or more separate occasions based on 
        conduct that would be a felony if committed by an adult, the 
        record of the second and all subsequent adjudications shall be 
        made available to the public to the same extent that a record 
        of an adult conviction is open to the public.
            ``(5) Fingerprinting and photographing upon arrest of 
        violent juvenile offenders.--If a juvenile who is arrested for 
        conduct that, if committed by an adult, would constitute a 
        crime of violence (as that term is defined in section 16)--
                    ``(A) a record equivalent to the record that would 
                be kept for an adult arrested for that conduct, 
                including fingerprints and photographs, shall be kept; 
                and
                    ``(B) the fingerprints and photograph shall be--
                            ``(i) sent to the Identification Division 
                        of the Federal Bureau of Investigation; and
                            ``(ii) otherwise made available to the same 
                        extent that fingerprints and photographs of 
                        adult offenders are made available.''.

SEC. 123. JUVENILE ADJUDICATIONS CONSIDERED IN SENTENCING.

    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 that, for purposes of 
sentencing determinations with respect to an adult defendant, an 
offense contained in the juvenile record of the defendant for which the 
defendant was adjudicated delinquent, shall be treated in the same 
manner as an adult offense, if the juvenile offense would have 
constituted a felony if it had been committed by the defendant as an 
adult.

SEC. 124. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES, AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    (a) Disposition.--Section 5037 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5037. Disposition
    ``(a) In General.--
            ``(1) Hearing.--In a proceeding under section 5032(a), if 
        the court finds a juvenile to be a juvenile delinquent, the 
        court shall hold a hearing concerning the appropriate 
        disposition of the juvenile not later than 30 court days after 
        the finding of juvenile delinquency, unless the court has 
        ordered further study pursuant to subsection (e).
            ``(2) Predisposition report.--A predisposition report shall 
        be prepared by the probation officer who shall promptly provide 
        a copy to the juvenile, counsel for the juvenile, and the 
        attorney for the Government.
            ``(3) Victim impact information.--Victim impact information 
        and a copy of the prior conviction record of the juvenile shall 
        be included in each predisposition report under paragraph (2), 
        and victims, or in appropriate cases their official 
        representatives, shall be provided the opportunity to make a 
        statement to the court in person or present any information in 
        relation to the disposition.
            ``(4) Sanctions.--After a dispositional hearing under this 
        subsection, and after considering possible sanctions 
        established pursuant to subsection (f), the court shall impose 
        an appropriate sanction, including the ordering of restitution 
        pursuant to section 3556.
            ``(5) Release or detention pending appeal.--With respect to 
        release or detention pending an appeal or a petition for a writ 
        of certiorari after disposition, the court shall proceed 
        pursuant to chapter 207.
    ``(b) Probation.--
            ``(1) In general.--The term for which probation may be 
        ordered for a juvenile found to be a juvenile delinquent may 
        not extend beyond the maximum term that would be authorized by 
        section 3561(c) if the juvenile had been tried and convicted as 
        an adult.
            ``(2) Applicable law.--Sections 3563, 3564, and 3565 apply 
        to an order placing a juvenile on probation.
    ``(c) Official Detention.--
            ``(1) In general.--The term for which official detention 
        may be ordered for a juvenile found to be a juvenile delinquent 
        may not extend beyond the lesser of--
                    ``(A) the maximum term of imprisonment that would 
                be authorized if the juvenile had been tried and 
                convicted as an adult;
                    ``(B) 10 years; or
                    ``(C) the 26th birthday of the juvenile.
            ``(2) Applicable law.--Section 3624 applies to an order 
        placing a juvenile in detention.
    ``(d) Supervised Release.--
            ``(1) In general.--The term for which supervised release 
        may be ordered for a juvenile found to be a juvenile delinquent 
        may not exceed 5 years.
            ``(2) Applicable law.--Subsections (c) through (i) of 
        section 3583 apply to an order placing a juvenile on supervised 
        release.
    ``(e) Observation and Study.--If the court desires more detailed 
information concerning a juvenile alleged to have committed an act of 
juvenile delinquency or a juvenile adjudicated delinquent, it may 
commit the juvenile, after notice and hearing at which the juvenile is 
represented by counsel, to the custody of the Attorney General for 
observation and study by an appropriate agency or entity. Such 
observation and study shall be conducted on an outpatient basis, unless 
the court determines that inpatient observation and study are necessary 
to obtain the desired information. In the case of an alleged juvenile 
delinquent, inpatient study may be ordered only with the consent of the 
juvenile and the juvenile's attorney. The agency or entity shall make a 
study of all matters relevant to the alleged or adjudicated delinquent 
behavior and the court's inquiry. The Attorney General shall submit to 
the court and the attorneys for the juvenile and the Government the 
results of the study within 30 days after the commitment of the 
juvenile, unless the court grants additional time. Time spent in 
custody under this subsection shall be excluded for purposes of section 
5036.
    ``(f) Sentencing Commission.--
            ``(1) In general.--The United States Sentencing Commission, 
        in consultation with the Attorney General, shall develop a list 
        of possible sanctions for juveniles adjudicated delinquent.
            ``(2) List.--The list developed under paragraph (1) shall--
                    ``(A) be comprehensive in nature and encompass 
                punishments of varying levels of severity;
                    ``(B) include terms of confinement; and
                    ``(C) provide punishments that escalate in severity 
                with each additional or subsequent more serious 
                delinquent conduct.''.
    (b) Effective Date.--The United States Sentencing Commission shall 
develop the list required pursuant to section 5037(f), as amended by 
subsection (a), not later than 180 days after the date of enactment of 
this Act.

SEC. 125. VIOLENT, ARMED, AND DANGEROUS YOUTH APPREHENSION DIRECTIVE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall establish a violent, 
armed, and dangerous youth apprehension program consistent with the 
following requirements:
            (1) Violent youth prosecutors.--Each United States attorney 
        shall designate at least 1 assistant United States attorney to 
        prosecute, on either a full- or part-time basis, violent, 
        armed, and dangerous youth offenders.
            (2) Task force.--Each United States attorney shall 
        establish a violent, armed, and dangerous youth criminal 
        apprehension task force comprised of appropriate law 
        enforcement representatives. The task force shall develop 
        strategies for removing violent, armed, and dangerous youth 
        offenders from the streets, taking into consideration--
                    (A) the importance of severe punishment in 
                deterring violent youth crime;
                    (B) the effectiveness of Federal and State laws 
                pertaining to apprehension and prosecution of violent, 
                armed, and dangerous youth offenders;
                    (C) the resources available to each law enforcement 
                agency participating in the task force;
                    (D) the nature and extent of the violent youth 
                crime occurring in the district for which the United 
                States attorney is appointed; and
                    (E) the principle of limited Federal involvement in 
                the prosecution of crimes traditionally prosecuted in 
                State and local jurisdictions.
            (3) Report on violent, armed, and dangerous youth 
        offenders.--Not less frequently than every other month, the 
        Attorney General shall require each United States attorney to 
        report to the Department of Justice--
                    (A) the number of youths in the district for which 
                the United States attorney is appointed, who were 
                charged with, or convicted of--
                            (i) a crime of violence;
                            (ii) a Federal felony offense involving a 
                        controlled substance (as that term is defined 
                        in section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)) for which the maximum term of 
                        imprisonment is not less than 5 years; or
                            (iii) a criminal street gang offense (as 
                        that term is defined in section 521 of title 
                        18, United States Code); and
                    (B) the number of youths referred to a State for 
                prosecution for offenses described in subparagraph (A).
            (4) Compilation and report on waivers.--Not less frequently 
        than twice annually, the Attorney General shall submit to 
        Congress a compilation of the information received by the 
        Department of Justice pursuant to paragraph (3) and a report on 
        any waivers granted under subsection (b).
    (b) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (a) with respect to the United States attorney.
            (2) Provision of waiver.--
                    (A) In general.--The Attorney General may waive the 
                requirements of subsection (a) pursuant to a request 
                made under paragraph (1), in accordance with guidelines 
                which shall be established by the Attorney General.
                    (B) Factors for consideration.--In establishing 
                guidelines under this paragraph, the Attorney General 
                shall take into consideration the number of assistant 
                United States attorneys in the office of the United 
                States attorney making the request and the level of 
                crime committed by violent, armed, and dangerous youth 
                in the district for which the United States attorney is 
                appointed.
    (c) Definition of Violent, Armed, and Dangerous Youth.--In this 
section, the term ``violent, armed, and dangerous youth'' means a 
person who is less than 18 years of age and who is charged with--
            (1) a violation of section 922(g)(1) of title 18, United 
        States Code, having been previously--
                    (A) convicted of a crime of violence; or
                    (B) adjudicated delinquent for an act that would 
                have been a crime of violence, if the person had been 
                an adult at the time the act was committed; or
            (2) a violation of section 924 of that title;
            (3) a Federal felony involving a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which the maximum term of imprisonment is not 
        less than 5 years;
            (4) a Federal felony crime of violence that has as an 
        element the use or attempted use of physical force against the 
        person of another; or
            (5) a criminal street gang offense (as that term is defined 
        in section 521 of title 18, United States Code).

SEC. 126. CONSTRUCTION OF FEDERAL JUVENILE CORRECTIONS FACILITIES.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, to ensure that prison cell space is available for the 
confinement of Federal juvenile offenders, the Bureau of Prisons of the 
Department of Justice shall establish (through construction and 
development of new facilities, expansion or modification of existing 
facilities, or any combination thereof) and operate 4 new correctional 
facilities for the confinement of Federal juvenile offenders.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

                  Subtitle C--Combating Gang Violence

SEC. 131. GANG FRANCHISING.

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

``SEC. 523. INTERSTATE FRANCHISING OF CRIMINAL STREET GANGS.

    ``(a) Prohibited Act.--Whoever travels in interstate or foreign 
commerce, or causes another to do so, to recruit, solicit, induce, 
command, cause to create, or attempt to create a franchise of a 
criminal street gang shall be punished in accordance with subsection 
(c).
    ``(b) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given that term in section 521 of title 
        18, United States Code.
            ``(2) Franchise.--The term `franchise' means an organized 
        group of individuals related by name, moniker, or other 
        identifier, that engages in coordinated violent crime or drug 
        trafficking activities in interstate or foreign commerce with a 
        criminal street gang in another State.
    ``(c) Penalties.--Any person who violates subsection (a) shall be 
imprisoned not less than 4 years and not more than 10 years, or 
imprisoned not less than 4 years and not more than 10 years and fined 
under this title.''.
    (b) Conforming Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following:

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

SEC. 132. 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 of title 18, United States Code.
    (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. 133. 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 member of which engages, or has engaged 
                during the 5-year period preceding the date at issue, 
                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) not less than 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, 
                        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 that 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, or a term of imprisonment 
                of not less than 10 years and not more than life and 
                fined under this title; 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 that 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, or a term of imprisonment 
                of not less than 20 years and not more than life and 
                fined under this title; 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. 134. 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 imprisoned not more than 10 years, fined under this 
        title, 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 imprisoned not more than 20 years, fined under this 
        title, 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) Crime of violence.--The term `crime of violence' has 
        the same meaning as in section 16.
            ``(3) 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.
            ``(4) 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) Criminal street gang.--The term ``criminal 
                street gang'' has the same meaning as in section 521 of 
                title 18, United States Code.
                    (B) Unlawful activity.--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. 135. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              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);''.

SEC. 136. APPLICATION OF RACKETEERING OFFENSES TO FIREARMS OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended by 
inserting before ``section 1028'' the following: ``subsection (a)(1), 
(a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1) of section 922, 
subsection (b), (g), (h), (k), (l), or (m), of section 924 (relating to 
firearms),''

SEC. 137. INCREASING THE PENALTY FOR USING PHYSICAL FORCE OR TAMPERING 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 (b) of title 18, United States Code, is amended by 
striking ``not more than ten years'' and inserting ``not more than 20 
years''.

 TITLE II--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION 
                       INCENTIVE GRANTS TO STATES

SEC. 201. BLOCK GRANT PROGRAM.

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

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. DEFINITIONS.

    ``In this part:
            ``(1) Director.--The term `Director' means the Director of 
        the Bureau of Justice Assistance of the Department of Justice.
            ``(2) Juvenile.--The term `juvenile' means an individual 
        who is 17 years of age or younger.
            ``(3) Law enforcement expenditures.--The term `law 
        enforcement expenditures' means the expenditures associated 
        with police, prosecutorial, legal, and judicial services, and 
        corrections as reported to the Bureau of the Census for the 
        fiscal year preceding the fiscal year for which a determination 
        is made under this part.
            ``(4) Part 1 violent crimes.--The term `part 1 violent 
        crimes' means murder and nonnegligent manslaughter, forcible 
        rape, robbery, and aggravated assault as reported to the 
        Federal Bureau of Investigation for purposes of the Uniform 
        Crime Reports.
            ``(5) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that--
                    ``(A) American Samoa, Guam, and the Northern 
                Mariana Islands shall be considered to be 1 State; and
                    ``(B) for purposes of section 1804, 33 percent of 
                the amounts allocated shall be allocated to American 
                Samoa, 50 percent to Guam, and 17 percent to the 
                Northern Mariana Islands.
            ``(6) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.

``SEC. 1802. GRANT AUTHORIZATION.

    ``(a) In General.--In order to promote greater accountability in 
the juvenile justice system, the Director may make grants in accordance 
with this part to States, for use by States and units of local 
government for activities described in subsection (b).
    ``(b) Authorized Activities.--Amounts paid to a State, or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of promoting greater accountability in 
the juvenile justice system, including--
            ``(1) building, expanding, or operating temporary or 
        permanent juvenile correction or detention facilities;
            ``(2) developing and administering accountability-based 
        sanctions for juvenile offenders;
            ``(3) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted and 
        backlogs reduced;
            ``(4) providing funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively;
            ``(5) providing funding for technology, equipment, and 
        training to assist prosecutors in identifying and expediting 
        the prosecution of violent juvenile offenders;
            ``(6) providing funding to enable juvenile courts and 
        juvenile probation offices to be more effective and efficient 
        in holding juvenile offenders accountable and reducing 
        recidivism;
            ``(7) the establishment of court-based juvenile justice 
        programs that target young firearms offenders through the 
        establishment of juvenile gun courts for the adjudication and 
        prosecution of juvenile firearms offenders;
            ``(8) establishing and maintaining interagency information-
        sharing programs that enable the juvenile and criminal justice 
        system, schools, and social services agencies to make more 
        informed decisions regarding the early identification, control, 
        supervision, and treatment of juveniles who repeatedly commit 
        serious delinquent or criminal acts; and
            ``(9) establishing and maintaining accountability-based 
        programs that work with juvenile offenders who are referred by 
        law enforcement agencies, or that are designed, in cooperation 
        with law enforcement officials, to protect students and school 
        personnel from drug, gang, and youth violence.

``SEC. 1803. ELIGIBILITY.

    ``(a) Eligibility.--To be eligible to receive a grant under this 
part, a State shall submit an application to the Director that 
demonstrates that the State has in effect or has implemented (or will 
have in effect or will have implemented not later than 1 year after the 
date on which the State submits the application) laws, policies, or 
programs that provide for each of the following:
            ``(1) Prosecution of juveniles as adults for certain 
        offenses.--The State shall provide for the prosecution of 
        juveniles who are not less than 14 years of age as adults in 
        criminal court, rather than in juvenile delinquency 
        proceedings, for conduct constituting--
                    ``(A) murder;
                    ``(B) robbery while armed with a dangerous or 
                deadly weapon;
                    ``(C) battery or assault while armed with a 
                dangerous or deadly weapon;
                    ``(D) forcible rape;
                    ``(E) any serious drug offense that, if committed 
                by an adult subject to Federal jurisdiction, would be 
                punishable under section 401(b)(1)(A) of the controlled 
                Substances Import and Export Act (21 U.S.C. 
                960(b)(1)(A));
                    ``(F) the third or subsequent occasion, unrelated 
                to any previous occasion, on which the juveniles engage 
                in conduct for which adults could be imprisoned for a 
                term exceeding 1 year, unless, on a case-by-case 
                basis--
                            ``(i) a court determines that trying the 
                        juvenile as an adult is not in the interest of 
                        justice under State law;
                            ``(ii) the court records its reasons for 
                        making that determination in writing and makes 
                        the record available for inspection by the 
                        public at large; and
                            ``(iii) the court makes a record in writing 
                        of the disposition of the juvenile in the 
                        juvenile justice system available to the public 
                        to the same extent that records of adult 
                        criminal proceedings are open to the public, 
                        notwithstanding any other law requiring the 
                        information to be withheld or limited in any 
                        way from access by the public; and
                    ``(G) any other crime or in any other circumstance, 
                as the State determines to be appropriate.
            ``(2) Recordkeeping requirements for juvenile delinquency 
        proceedings.--In any case in which a juvenile 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) 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 records are kept 
                        for adult convictions;
                            ``(iii) made available to law enforcement 
                        agencies of any jurisdiction;
                            ``(iv) made available to officials of a 
                        school, school district, or postsecondary 
                        school in which the individual who is the 
                        subject of the juvenile record seeks, intends, 
                        or is instructed to enroll, and that those 
                        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 the information; and
                            ``(v) made available to any court having 
                        criminal jurisdiction over such an individual 
                        (in a juvenile or adult proceeding) for the 
                        purpose of allowing the court to consider the 
                        entire juvenile history of the individual as a 
                        relevant factor in determining appropriate 
                        punishment for the individual at the sentencing 
                        hearing;
                    ``(B) the juvenile is fingerprinted and 
                photographed, and the fingerprints and photograph are 
                sent to the Identification Division of the Federal 
                Bureau of Investigation and are otherwise made 
                available to the same extent that fingerprints and 
                photographs of adults are made available; and
                    ``(C) the court in which the adjudication takes 
                place transmits to the Identification Division of the 
                Federal Bureau of Investigation, information concerning 
                the adjudication, including the name, date of 
                adjudication, court, offenses, and disposition, along 
                with a prominent notation that the matter concerns a 
                juvenile adjudication.
            ``(3) Repeat offenders.--In any case in which a juvenile 
        has been adjudicated to be delinquent on 2 or more separate 
        occasions based on conduct that would be a felony if committed 
        by an adult, the record of the second and all subsequent 
        adjudications shall be made available to the public to the same 
        extent that a record of an adult conviction is open to the 
        public.
            ``(4) Fingerprinting and photographing upon arrest of 
        violent juvenile offenders.--In any case in which a juvenile is 
        arrested for conduct that if committed by an adult would 
        constitute a crime of violence (as that term is defined in 
        section 16 of title 18, United States Code), the State shall 
        ensure that--
                    ``(A) the juvenile is fingerprinted and 
                photographed;
                    ``(B) the fingerprints and photograph--
                            ``(i) are submitted to the Identification 
                        Division of the Federal Bureau of Investigation 
                        in the same manner in which fingerprints and 
                        photographs of adult offenders are submitted; 
                        and
                            ``(ii) are otherwise made available to the 
                        same extent that fingerprints and photographs 
                        of adult offenders are made available.
            ``(5) Penalties for adults who use juveniles in crimes of 
        violence or drug offenses.--
                    ``(A) In general.--In any case in which an adult 
                knowingly and intentionally uses a juvenile during the 
                commission or attempted commission of a crime of 
                violence or an offense involving a controlled 
                substance, the State shall provide for a criminal 
                penalty for the adult.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Controlled substance.--The term 
                        `controlled substance' has the same meaning as 
                        in section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802) for which the penalty is 
                        imprisonment of not less than 5 years.
                            ``(ii) Crime of violence.--The term `crime 
                        of violence' has the same meaning as in section 
                        16 of title 18, United States Code.
                            ``(iii) Uses.--The term `uses' means 
                        employs, hires, persuades, induces, entices, or 
                        coerces.
    ``(b) Additional Amount Based on Accountability-Based Juvenile 
Crime Control Practices.--Each State that receives a grant under this 
part shall be eligible to receive an additional amount added to the 
grant, if the State demonstrates that the State has in effect, or will 
have in effect not later than 1 year after the deadline established by 
the Administrator for the submission of applications under subsection 
(a) for the fiscal year at issue, 1 or more of the following 
accountability-based juvenile crime control practices:
            ``(1) Graduated sanctions.--Graduated sanctions for 
        juvenile delinquents, ensuring a sanction for every delinquent 
        act, and escalating the sanction with each subsequent 
        delinquent act.
            ``(2) Victims' rights.--Increased victims' rights, 
        including--
                    ``(A) the right to be present at any juvenile 
                proceeding at which the juvenile defendant has that 
                right;
                    ``(B) the right to be notified of any release or 
                escape of an offender who committed a crime against a 
                particular victim; and
                    ``(C) the right to full restitution.
            ``(3) Restitution programs for young offenders.--
        Restitution programs, such as any program that gives juvenile 
        offenders the opportunity to assume responsibility for their 
        delinquent acts by earning restitution for their victims while 
        working at community or public agencies.
            ``(4) Habitual offender program.--A serious habitual 
        offender comprehensive action program that--
                    ``(A) establishes a multidisciplinary interagency 
                case management and information sharing system, that 
                enables the juvenile and criminal justice system, 
                schools, and social service agencies to make informed 
                decisions regarding early identification, control, 
                supervision, and treatment of juveniles who repeatedly 
                commit serious delinquent or criminal acts;
                    ``(B) requires, under each program described in 
                subparagraph (A), each unit of local government in a 
                State to establish a multidisciplinary agency comprised 
                of representatives from--
                            ``(i) law enforcement organizations;
                            ``(ii) school districts;
                            ``(iii) State's attorneys offices;
                            ``(iv) court services;
                            ``(v) State and county children and family 
                        services; and
                            ``(vi) any additional organizations, 
                        groups, or agencies determined by the State to 
                        be appropriate to accomplish the purposes 
                        described in subparagraph (A), including--
                                    ``(I) juvenile detention centers;
                                    ``(II) mental and medical health 
                                agencies; and
                                    ``(III) the community;
                    ``(C) requires each multidisciplinary agency 
                established under subparagraph (B) to adopt, by a 
                majority of its members, criteria to identify 
                individuals who are serious habitual offenders;
                    ``(D)(i) requires each multidisciplinary agency 
                established under subparagraph (B) to adopt, by a 
                majority of its members, an interagency information 
                sharing agreement to be signed by the chief executive 
                officer of each organization and agency represented in 
                the multidisciplinary agency; and
                    ``(ii) requires an interagency information sharing 
                agreement referred to in clause (i) to require that--
                            ``(I) all records pertaining to serious 
                        habitual offenders shall be kept confidential 
                        to the extent required by State law;
                            ``(II) information in the records may be 
                        made available to other staff from member 
                        organizations and agencies as authorized by the 
                        multidisciplinary agency for the purposes of 
                        promoting case management, community 
                        supervision, conduct control, and tracking of 
                        the serious habitual offender for the 
                        application and coordination of appropriate 
                        services; and
                            ``(III) access to the information in the 
                        records shall be limited to individuals who 
                        provide direct services to the serious habitual 
                        offender or who provide community conduct 
                        control and supervision to the serious habitual 
                        offender.
            ``(5) Construction of juvenile correctional facilities.--
                    ``(A) In general.--The construction, development, 
                expansion, modification, or improvement of secure 
                juvenile correctional facilities or secure detention 
                facilities.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Secure detention facility.--The term 
                        `secure detention facility' means a residential 
                        facility that includes construction fixtures 
                        designed to physically restrict the movements 
                        and activities of juveniles, and is used for 
                        the temporary placement of any juvenile who is 
                        accused of having committed an offense.
                            ``(ii) Secure juvenile correction 
                        facility.--The term `secure juvenile correction 
                        facility' means a residential facility that 
                        includes construction fixtures designed to 
                        physically restrict the movements and 
                        activities of juveniles and is used for 
                        placement, after adjudication and disposition, 
                        of any juvenile who has been adjudicated as 
                        having committed an offense.
    ``(c) Notice.--The Director shall issue regulations establishing 
procedures under which a State that receives a grant under this part 
shall be required to provide notice to the Director regarding the 
proposed use of amounts made available under this part.

``SEC. 1804. ALLOCATION AND DISTRIBUTION OF AMOUNTS.

    ``(a) State Allocation.--
            ``(1) In general.--In accordance with regulations 
        promulgated pursuant to this part, of the total amount made 
        available to carry out this part in each fiscal year, the 
        Director shall distribute--
                    ``(A) 0.2 percent to each State; and
                    ``(B) of the total amount remaining after the 
                allocation under subparagraph (A), to each State, an 
                amount that bears the same ratio to that remaining 
                amount as the population of juveniles living in the 
                State for the most recent calendar year in which that 
                data is available bears to the population of juveniles 
                of all the States for that fiscal year.
            ``(2) Proportional reduction.--
                    ``(A) In general.--If amounts available to carry 
                out paragraph (1)(A) for any payment period are 
                insufficient to pay in full the total payment that any 
                State is otherwise eligible to receive under paragraph 
                (1)(A) for that period, the Director shall reduce 
                payments under paragraph (1)(A) for that payment period 
                to the extent of the insufficiency.
                    ``(B) Allocation.--Any reduction under subparagraph 
                (A) shall be allocated among the States (other than 
                States whose payment is determined under paragraph (2)) 
                in the same proportions as amounts would be allocated 
                under paragraph (1) without regard to paragraph (2).
            ``(3) Prohibition.--No amount allocated to a State under 
        this subsection or received by a State for distribution under 
        subsection (b) may be distributed by the Director or by the 
        State at issue for any program other than a program described 
        in an application approved under this part.
    ``(b) Local Distribution.--
            ``(1) In general.--Each State that receives amounts under 
        subsection (a)(1) in a fiscal year shall distribute not less 
        than 75 percent of those amounts among units of local 
        government for activities described in section 1802(b).
            ``(2) Ratio.--In making any distribution under paragraph 
        (1), a State shall allocate to each unit of local government 
        described an amount that bears the same ratio to the aggregate 
        of those amounts as--
                    ``(A) the sum of--
                            ``(i) the product of--
                                    ``(I) two-thirds; multiplied by
                                    ``(II) the average law enforcement 
                                expenditure for the unit of local 
                                government for the 3 most recent 
                                calendar years for which such data is 
                                available; plus
                            ``(ii) the product of--
                                    ``(I) one-third; multiplied by
                                    ``(II) the average annual number of 
                                part 1 violent crimes in the unit of 
                                local government for the 3 most recent 
                                calendar years for which such data is 
                                available, bears to--
                    ``(B) the sum of the products determined under 
                subparagraph (A) for all those units of local 
                government in the State.
            ``(3) Expenditures.--The allocation that any unit of local 
        government shall receive under paragraph (2) for a payment 
        period shall not exceed 100 percent of law enforcement 
        expenditures of the unit of local government for that payment 
        period.
            ``(4) Reallocation.--The amount of any allocation to a unit 
        of local government that is not available to the unit of local 
        government by operation of paragraph (3) shall be available to 
        other units of local government that are not affected by the 
        operation of that paragraph in accordance with this subsection.
    ``(c) Unavailability of Data for Units of Local Government.--If a 
State has reason to believe that the reported rate of part 1 violent 
crimes or law enforcement expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
            ``(1) investigate the methodology used by the unit of local 
        government to determine the accuracy of the submitted data; and
            ``(2) if necessary, use the best available comparable data 
        regarding the number of violent crimes or law enforcement 
        expenditure for the relevant years for the unit of local 
        government.
    ``(d) Local Government With Allocations Less Than $5,000.--If under 
this section a unit of local government is allocated less than $5,000 
for a payment period, the amount allotted shall be expended by the 
State on services to units of local government whose allotment is less 
than such amount in a manner consistent with this part.

``SEC. 1805. STATE OPTIONS.

    ``(a) In General.--Subject to subsection (b), each State that 
receives a grant under this part (including a unit of local government 
that receives amounts from a State through the grant) may--
            ``(1) administer and provide services under a program 
        authorized under this part through contracts with charitable, 
        religious, or private organizations; and
            ``(2) provide beneficiaries of assistance under a program 
        authorized under this part with certificates, vouchers, or 
        other forms of disbursement that are redeemable with those 
        organizations.
    ``(b) Religious Organizations.--
            ``(1) In general.--A State that contracts under this 
        section with a religious organization to carry out a program 
        authorized under this part or that allows a religious 
        organization to accept certificates, vouchers, or other forms 
        of disbursement under any program authorized under this part, 
        shall do so on the same basis that it contracts with any other 
        nongovernmental provider, without impairing the religious 
        character of the organization or diminishing the religious 
        freedom of beneficiaries of assistance funded under the 
        program.
            ``(2) Nondiscrimination against religious organizations.--A 
        State exercising the authority described in subsection (a) 
        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 organization on the 
        basis that it has religious orientation any program authorized 
        under this part, and shall not discriminate against any 
        organization on the basis that it has a religious organization, 
        so long as the programs are implemented consistent with the 
        Establishment Clause of the first amendment to the Constitution 
        of the United States.
            ``(3) Religious character and freedom.--
                    ``(A) Religious organizations.--A religious 
                organization that participates in a program funded 
                under this part 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.
                    ``(B) Additional safeguards.--Neither the Federal 
                Government nor a State shall require a religious 
                organization to--
                            ``(i) alter its form of internal 
                        governance; or
                            ``(ii) 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 disbursement, funded under a program 
                authorized under this part.
            ``(4) 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 amounts 
        from, programs authorized under this part.
            ``(5) Rights of beneficiaries of assistance.--If juvenile 
        offender objects to the religious character of the organization 
        from which the juvenile receives, or would receive, assistance 
        funded under any program funded under this part, the State in 
        which the juvenile resides shall provide the juvenile (if 
        otherwise eligible for that assistance), within a reasonable 
        period of time after the date of such objection, with 
        assistance from an alternative provider that is accessible to 
        the juvenile and the value of which is not less than the value 
        of assistance that the juvenile would have received from such 
        organization.
            ``(6) 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 authorized under this part 
        on the basis of religion, a religious belief, or refusal to 
        actively participate in a religious practice.
            ``(7) Fiscal accountability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any religious organization 
                contracting to provide assistance funded under any 
                program authorized under this part shall be subject to 
                the same regulations as other contractors to account in 
                accord with generally accepted accounting principles 
                for the use of those amounts provided under the 
                programs.
                    ``(B) Limited audit.--If such organization 
                segregates Federal funds provided under such programs 
                into separate accounts, only the financial assistance 
                provided with such amounts shall be subject to audit.
            ``(8) Compliance.--Any party which seeks to enforce its 
        rights under this subsection may assert a civil action for 
        injunctive relief exclusively in an appropriate Federal 
        district court against the official or governmental agency 
        alleged to have committed such violation.
            ``(9) Limitations on use of amounts for certain purposes.--
        No State may use amounts provided under this part to fund 
        sectarian worship, proselytization, or prayer, or for any 
        purpose other than the provision of social services under this 
        part.

``SEC. 1806. TIMING.

    ``(a) Timing of Payments.--The Director shall distribute amounts in 
accordance with this part to each State, not later than 90 days after 
the date on which the amount is made available to the Director.
    ``(b) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--Not later than 27 months after 
        the receipt of amounts from the Director under this section, 
        from amounts appropriated under this part, a State shall refund 
        to the Director any amounts that are not expended by the State 
        before the expiration of the 2-year period beginning on the 
        date on which those amounts are received from the Director 
        under this section.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid under paragraph (1) is not repaid by a State in 
        accordance with that paragraph, the Director shall reduce the 
        amount of any payment to the State under this part in any 
        future payment period accordingly.
            ``(3) Deposit of amounts repaid.--Any amounts received by 
        the Director under paragraph (2) shall be deposited in a 
        designated fund for future payments to States.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives amounts under this part may use not more than 3 percent 
of those amounts for administrative costs.
    ``(d) Nonsupplanting Requirement.--Amounts made available under 
this part to States or units of local government--
            ``(1) shall not be used to supplant State or local funds, 
        as applicable; and
            ``(2) shall be used to increase the amount that would, in 
        the absence of amounts made available under this part, be made 
        available from State or local sources, as applicable.
    ``(e) Matching Funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the total cost of a program or 
activity funded under this part.

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--Each State that receives a grant under this part 
shall--
            ``(1) establish a trust fund into which all payments 
        received under this part shall be deposited; and
            ``(2) use amounts deposited in that trust fund (including 
        interest) during a period not to exceed 2 years from the date 
        on which the initial grant payment is made to the State under 
        this part;
            ``(3) designate an official of the State to submit to the 
        Director such reports as the Director may reasonably require, 
        in addition to the annual reports required under this part; and
            ``(4) expend the grant amount only for activities described 
        in section 1802(b).
    ``(b) Title I Provisions.--The administrative provisions of part H 
apply to this part and, for purposes of this section, any reference in 
those provisions to title I shall be deemed to include a reference to 
this part.

``SEC. 1808. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $250,000,000 for fiscal year 1998;
            ``(2) $250,000,000 for fiscal year 1999; and
            ``(3) $250,000,000 for fiscal year 2000.
    ``(b) Allocation.--Of the amount made available under subsection 
(a) for any fiscal year--
            ``(1) 50 percent shall be allocated among States that meet 
        the requirements of section 1803(a); and
            ``(2) 50 percent shall be allocated among States that meet 
        the requirements of both subsections (a) and (b) of section 
        1803.
    ``(c) Oversight Accountability and Administration.--For each of 
fiscal years 1998 through 2000, not more than 1 percent of the amount 
appropriated under subsection (a), shall be available (to remain 
available until expended) to the Director for--
            ``(1) studying the overall effectiveness and efficiency of 
        this part, including the establishment and execution of an 
        oversight plan for monitoring the activities of grant 
        recipients;
            ``(2) assuring compliance with the provisions of this part; 
        and
            ``(3) administrative costs to carry out the purposes of 
        this part.
    ``(d) Funding Source.--Notwithstanding any other provision of law, 
amounts authorized to be appropriated to carry out this part may be 
appropriated from the Violent Crime Reduction Trust Fund established 
under section 310001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211).''.
    (b) Conforming Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking the item relating to part R and inserting the following:

             ``Part R--Juvenile Accountability Block Grants

``Sec. 1801. Definitions.
``Sec. 1802. Grant authorization.
``Sec. 1803. Eligibility.
``Sec. 1804. Allocation and distribution of amounts.
``Sec. 1805. State option.
``Sec. 1806. Timing.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Authorization of appropriations.''.

                  TITLE III--REFORM OF GRANT PROGRAMS

SEC. 301. FINDINGS AND PURPOSES.

    (a) Findings.--Section 101 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Findings.--Congress finds that--
            ``(1) the Nation's juvenile justice system is in trouble as 
        evidenced by a number of factors, including dangerously 
        overcrowded facilities, overworked field staff, and a growing 
        number of children who are breaking the law;
            ``(2) a redesigned juvenile corrections program for the 
        next century should be based on 4 principles--
                    ``(A) protecting the community;
                    ``(B) accountability for offenders and their 
                families;
                    ``(C) restitution for victims and the community; 
                and
                    ``(D) community-based prevention;
            ``(3) existing programs have not adequately responded to 
        the particular problems of juvenile delinquents in the 1990's;
            ``(4) State and local communities, which experience 
        directly the devastating failure of the juvenile justice 
        system, do not have sufficient resources to deal 
        comprehensively with the problems of juvenile crime and 
        delinquency;
            ``(5) limited State and local resources are being 
        unnecessarily wasted complying with overly technical Federal 
        requirements for `sight and sound' separation imposed by the 
        1974 Act, while prohibiting the commingling of adults and 
        juvenile populations would achieve the same purpose without 
        imposing an undue burden on State and local governments;
            ``(6) limited State and local resources are being 
        unnecessarily wasted complying with the overly restrictive 
        Federal mandate that no juveniles be detained or confined in 
        any jail or lockup for adults, which imposes a particularly 
        onerous burden on rural communities;
            ``(7) the juvenile justice system should give additional 
        attention to the problem of juveniles who commit serious 
        crimes, with particular attention given to the area of 
        sentencing;
            ``(8) local school districts lack information necessary to 
        track serious violent juvenile offenders, information that is 
        essential to promoting safety in public schools;
            ``(9) the term `prevention' should mean both ensuring that 
        families have a greater chance to raise their children so that 
        those children do not engage in criminal or delinquent 
        activities, and preventing children who have engaged in such 
        activities from becoming permanently entrenched in the juvenile 
        justice system;
            ``(10) in 1994, there were more than 330,000 juvenile 
        arrests for violent crimes, and between 1985 and 1994, the 
        number of juvenile criminal homicide cases increased by 144 
        percent, and the number of juvenile weapons cases increased by 
        156 percent;
            ``(11) in 1994, males age 14 through 24 constituted only 8 
        percent of the population, but accounted for more than 25 
        percent of all homicide victims and nearly half of all 
        convicted murderers;
            ``(12) in a survey of 250 judges, 93 percent of those 
        judges stated that juvenile offenders should be fingerprinted, 
        85 percent stated that juvenile criminal records should be made 
        available to adult authorities, and 40 percent stated that the 
        minimum age for facing murder charges should be 14 or 15;
            ``(13) studies indicate that good parenting skills, 
        including normative development, monitoring, and discipline, 
        clearly affect whether children will become delinquent, and 
        adequate supervision of free-time activities, whereabouts, and 
        peer interaction is critical to ensure that children do not 
        drift into delinquency;
            ``(14) in the 1970's, less than half of our Nation's cities 
        reported gang activity, while 2 decades later, a nationwide 
        survey reported a total of 23,388 gangs and 664,906 gang 
        members on the streets of United States cities in 1995;
            ``(15) the high incidence of delinquency in the United 
        States results in an enormous annual cost and substantial loss 
        of human life, a reduction in personal security, and wasted 
        human resources; and
            ``(16) juvenile delinquency constitutes a growing threat to 
        the national welfare, requiring immediate and comprehensive 
        action by the Federal Government to reduce and eliminate the 
        threat.''; and
            (2) in subsection (b)--
                    (A) by striking ``further''; and
                    (B) by striking ``Federal Government'' and 
                inserting ``Federal, State, and local governments''.
    (b) Purposes.--Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as follows:

``SEC. 102. PURPOSES.

    ``The purposes of this title and title II are--
            ``(1) to assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(2) to give greater flexibility to schools to design 
        academic programs and educational services for juvenile 
        delinquents expelled or suspended for disciplinary reasons;
            ``(3) to assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(4) 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 to the public;
            ``(5) to assist teachers and school officials in ensuring 
        school safety by improving their access to information 
        concerning juvenile offenders attending or intending to enroll 
        in their schools or school-related activities;
            ``(6) to assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hardcore juveniles and in transferring such juveniles out of 
        the jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(7) to provide for the evaluation of federally assisted 
        juvenile crime control programs, and training necessary for the 
        establishment and operation of such programs;
            ``(8) to ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(9) to provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention 
        programs.''.

SEC. 302. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3), by inserting ``punishment,'' after 
        ``control,'';
            (2) in paragraph (22)(iii), by striking ``and'' at the end;
            (3) in paragraph (23), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(24) the term `serious violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, or 
                robbery;
                    ``(B) aggravated assault committed with the use of 
                a dangerous or deadly weapon, forcible rape, kidnaping, 
                felony aggravated battery, assault with intent to 
                commit a serious violent crime, and vehicular homicide 
                committed while under the influence of an intoxicating 
                liquor or controlled substance; or
                    ``(C) a serious drug offense;
            ``(25) the term `serious drug offense' means an act or acts 
        that, if committed by an adult subject to Federal criminal 
        jurisdiction, would be punishable under section 401(b)(1)(A) or 
        408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 
        848) or section 1010(b)(1)(A) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(b)(1)(A)); and
            ``(26) the term `serious habitual offender' means a 
        juvenile who--
                    ``(A) has been adjudicated delinquent and 
                subsequently arrested for a capital offense, life 
                offense, first degree aggravated sexual offense, or 
                serious drug offense;
                    ``(B) has had not fewer than 5 arrests, with 3 
                arrests chargeable as felonies if committed by an adult 
                and not fewer than 3 arrests occurring within the most 
                recent 12-month period;
                    ``(C) has had not fewer than 10 arrests, with 2 
                arrests chargeable as felonies if committed by an adult 
                and not fewer than 3 arrests occurring within the most 
                recent 12-month period; or
                    ``(D) has had not fewer than 10 arrests, with 8 or 
                more arrests for misdemeanor crimes involving theft, 
                assault, battery, narcotics possession or distribution, 
                or possession of weapons, and not fewer than 3 arrests 
                occurring within the most recent 12-month period.''.

SEC. 303. OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``shall develop'' and inserting the 
                following: ``shall--
                    ``(A) develop'';
                    (B) by inserting ``punishment,'' before 
                ``diversion''; and
                    (C) in the first sentence, by striking ``States'' 
                and all that follows before the period at the end of 
                the paragraph and inserting the following: ``States; 
                and
                    ``(B) annually submit the plan required under 
                subparagraph (A) to Congress'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by adding ``and'' at the end; 
                and
                    (B) by striking paragraphs (2) through (7) and 
                inserting the following:
            ``(2) reduce duplication among Federal juvenile delinquency 
        programs and activities conducted by Federal departments and 
        agencies.'';
            (3) by redesignating subsection (h) as subsection (f); and
            (4) by striking subsection (i).

SEC. 304. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended to read as follows:

``SEC. 207. ANNUAL REPORT.

    ``Not later than 180 days after the end of each fiscal year, the 
Administrator shall submit to the President, the Speaker of the House 
of Representatives, the President pro tempore of the Senate, and the 
Governor of each State, a report that contains each of the following 
with respect to that fiscal year:
            ``(1) Summary and analysis.--
            ``(A) In general.--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, the number of repeat juvenile offenders, the number of 
        juveniles using weapons, the number of juvenile and adult 
        victims of juvenile crime and the trends demonstrated by the 
        data required by clauses (i), (ii), and (iii) of subparagraph 
        (C).
                    ``(B) Separation of information.--The summary and 
                analysis described in subparagraph (A) shall set out 
                the information required by clauses (i), (ii), (iii), 
                and (iv) of subparagraph (C) separately for juvenile 
                nonoffenders, juvenile status offenders, and other 
                juvenile offenders.
                    ``(C) Data.--The summary and analysis under 
                subparagraph (A) shall separately address with respect 
                to each category of juveniles specified in subparagraph 
                (B)--
                            ``(i) the types of offenses with which the 
                        juveniles are charged, data on serious violent 
                        crimes committed by juveniles, and data on 
                        serious habitual offenders;
                            ``(ii) the race and gender of the juveniles 
                        and their victims;
                            ``(iii) the ages of the juveniles and their 
                        victims;
                            ``(iv) 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;
                            ``(v) the number of juveniles who died 
                        while in custody and the circumstances under 
                        which they died;
                            ``(vi) the educational status of juveniles, 
                        including information relating to learning 
                        disabilities, failing performance, grade 
                        retention, and dropping out of school;
                            ``(vii) the number of juveniles who are 
                        substance abusers; and
                            ``(viii) information on juveniles fathering 
                        or giving birth to children out of wedlock, and 
                        whether such juveniles have assumed financial 
                        responsibility for their children.
            ``(2) Activities funded.--A description of the activities 
        for which funds are expended under this part.
            ``(3) State compliance.--A description based on the most 
        recent data available of the extent to which each State 
        complies with section 223 and with the plan submitted under 
        that section by the State for that fiscal year.
            ``(4) Summary and explanation.--A summary of each program 
        or activity for which assistance is provided under part D, an 
        evaluation of the results of such program or activity, and a 
        determination of the feasibility and advisability of replacing 
        such program or activity in other locations.
            ``(5) Exemplary programs and practices.--A description of 
        selected exemplary delinquency prevention programs and 
        accountability-based youth violence reduction practices.''.

SEC. 305. BLOCK GRANTS FOR STATE AND LOCAL PROGRAMS.

    (a) Section 221.--Section 221 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5631) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``The 
                Administrator'';
                    (B) by inserting ``, including charitable and 
                religious organizations,'' after ``and private 
                agencies'';
                    (C) by inserting before the period at the end the 
                following: ``, including--
            ``(A) initiatives for holding juveniles accountable for any 
        act for which they are adjudicated delinquent;
            ``(B) increasing public awareness of juvenile proceedings;
            ``(C) improving the content, accuracy, availability, and 
        usefulness of juvenile court and law enforcement records 
        (including fingerprints and photographs); and
            ``(D) education programs such as funding for extended hours 
        for libraries and recreational programs that benefit all 
        juveniles''; and
                    (D) by adding at the end the following:
            ``(2) Assistance to religious organizations.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each State or local government that receives a grant 
                under paragraph (1) may contract with religious 
                organizations or allow religious organizations to 
                accept grants under any program described in this 
                title.
                    ``(B) Religious organizations.--
                            ``(i) In general.--A State or local 
                        government that contracts under this paragraph 
                        with a religious organization to carry out a 
                        program authorized under this title or that 
                        allows a religious organization to accept a 
                        grant under any program described in this 
                        title, shall do so on the same basis that it 
                        contracts with any other nongovernmental 
                        provider, without impairing the religious 
                        character of the organization or diminishing 
                        the religious freedom of beneficiaries of 
                        assistance funded under the program.
                            ``(ii) Nondiscrimination against religious 
                        organizations.--A State or local government 
                        exercising the authority described in 
                        subparagraph (A) 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 organization on the 
                        basis that it has religious orientation any 
                        program authorized under this title, and shall 
                        not discriminate against any organization on 
                        the basis that it has a religious organization, 
                        so long as the programs are implemented 
                        consistent with the Establishment Clause of the 
                        first amendment to the Constitution of the 
                        United States.
                    ``(C) Religious character and freedom.--
                            ``(i) Religious organizations.--A religious 
                        organization that participates in a program 
                        funded under 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 or local 
                        government shall require a religious 
                        organization to--
                                    ``(I) alter its form of internal 
                                governance; or
                                    ``(II) 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 disbursement, 
                        funded under a program authorized under this 
                        title.
                    ``(D) 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 amounts from, 
                programs authorized under this title.
                    ``(E) Rights of beneficiaries of assistance.--If a 
                juvenile offender objects to the religious character of 
                the organization from which the juvenile receives, or 
                would receive, assistance funded under any program 
                funded under this title, the State in which the 
                juvenile resides shall provide the juvenile (if 
                otherwise eligible for that assistance), within a 
                reasonable period of time after the date of such 
                objection, with assistance from an alternative provider 
                that is accessible to the juvenile and the value of 
                which is not less than the value of assistance that the 
                juvenile would have received from such organization.
                    ``(F) 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 authorized under this 
title on the basis of religion, a religious belief, or refusal to 
actively participate in a religious practice.
                    ``(G) Fiscal accountability.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any religious organization 
                        contracting to provide assistance funded under 
                        any program authorized under this title shall 
                        be subject to the same regulations as other 
                        contractors to account in accord with generally 
                        accepted accounting principles for the use of 
                        those amounts provided under the programs.
                            ``(ii) Limited audit.--If such organization 
                        segregates Federal funds provided under such 
                        programs into separate accounts, only the 
                        financial assistance provided with such amounts 
                        shall be subject to audit.
                    ``(H) Compliance.--Any party which seeks to enforce 
                its rights under this subparagraph may assert a civil 
                action for injunctive relief exclusively in an 
                appropriate Federal district court against the official 
                or governmental agency alleged to have committed such 
                violation.
                    ``(I) Limitations on use of amounts for certain 
                purposes.--No State or local government may use amounts 
                provided under this title to fund sectarian worship, 
                proselytization, or prayer, or for any purpose other 
                than the provision of social services under this 
                title.''; and
            (2) in subsection (b), by striking paragraph (1) and 
        inserting the following:
    ``(1) Of amounts made available to carry out this part in any 
fiscal year, $10,000,000 or 1 percent (whichever is greater) may be 
used by the Administrator--
            ``(A) to establish and maintain a clearinghouse to 
        disseminate to the States information on juvenile delinquency 
        prevention, treatment, and control; and
            ``(B) to provide training and technical assistance to 
        States to improve the administration of the juvenile justice 
        system.''.
    (b) Section 223.--Section 223(a)(10) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
            (1) by striking ``or through'' and inserting ``through''; 
        and
            (2) by inserting ``or through grants and contracts with 
        religious organizations in accordance with section 
        221(b)(2)(B)'' after ``agencies,''.

SEC. 306. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) by striking the second sentence;
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) provide for an advisory group, which--
                    ``(A) shall--
                            ``(i)(I) consist of such number of members 
                        deemed necessary to carry out the 
                        responsibilities of the group and appointed by 
                        the chief executive officer of the State; and
                            ``(II) consist of a majority of members 
                        (including the chairperson) who are not full-
                        time employees of the Federal Government, or a 
                        State or local government;
                            ``(ii) include members who have training, 
                        experience, or special knowledge concerning--
                                    ``(I) the prevention and treatment 
                                of juvenile delinquency;
                                    ``(II) the administration of 
                                juvenile justice, including law 
                                enforcement; and
                                    ``(III) the representation of the 
                                interests of the victims of violent 
                                juvenile crime and their families; and
                            ``(iii) include as members at least 1 
                        locally elected official representing general 
                        purpose local government;
                    ``(B) shall participate in the development and 
                review of the State's juvenile justice plan prior to 
                submission to the supervisory board for final action;
                    ``(C) shall be afforded an opportunity to review 
                and comment, not later than 30 days after the 
                submission to the advisory group, on all juvenile 
                justice and delinquency prevention grants submitted to 
                the State agency designated under paragraph (1);
                    ``(D) shall, consistent with this title--
                            ``(i) advise the State agency designated 
                        under paragraph (1) and its supervisory board; 
                        and
                            ``(ii) submit to the chief executive 
                        officer and the legislature of the State not 
                        less frequently than annually recommendations 
                        regarding State compliance with this 
                        subsection; and
                    ``(E) may, consistent with this title--
                            ``(i) advise on State supervisory board and 
                        local criminal justice advisory board 
                        composition;
                            ``(ii) review progress and accomplishments 
                        of projects funded under the State plan; and
                            ``(iii) contact and seek regular input from 
                        juveniles currently under the jurisdiction of 
                        the juvenile justice system;'';
                    (C) in paragraph (10)--
                            (i) in subparagraph (N), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (O), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(P) programs implementing the practices described 
                in sections 1802(b), 1803(a), and 1803(b) of part R of 
                title I of the Omnibus Crime Control and Safe Streets 
                Act of 1968 (42 U.S.C. 3796ee-1(b), 3796ee-2(a), 
                3796ee-2(b));'';
                    (D) by striking paragraph (13) and inserting the 
                following:
            ``(13) provide assurances that, in each secure facility 
        located in the State (including any jail or lockup for adults), 
        there is no commingling in the same cell or community room of, 
        or any other regular, sustained, physical contact between--
                    ``(A) any juvenile detained or confined for any 
                period of time in that facility; and
                    ``(B) any adult offender detained or confined for 
                any period of time in that facility.'';
                    (E) by striking paragraphs (8), (9), (12), (14), 
                (15), (17), (18), (19), (24), and (25);
                    (F) by redesignating paragraphs (10), (11), (13), 
                (16), (20), (21), (22), and (23) as paragraphs (8) 
                through (15), respectively;
                    (G) in paragraph (14), as redesignated, by adding 
                ``and'' at the end; and
                    (H) in paragraph (15), as redesignated, by striking 
                the semicolon at the end and inserting a period; and
            (2) by striking subsections (c) and (d).

SEC. 307. REPEALS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in title II--
                    (A) by striking parts C, E, F, G, and H;
                    (B) by striking part I, as added by section 
                2(i)(1)(C) of Public Law 102-586; and
                    (C) by striking the heading of part I, as 
                redesignated by section 2(i)(1)(A) of Public Law 102-
                586, and inserting the following:

         ``Part E--General and Administrative Provisions''; and

            (2) by striking title V, as added by section 5(a) of Public 
        Law 102-586.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended by striking subsections (a) through 
(e) and inserting the following:
    ``(a) Office of Juvenile Delinquency Prevention.--There are 
authorized to be appropriated for each of fiscal years 1998, 1999, and 
2000, such sums as may be necessary to carry out part A.
    ``(b) Block Grants for State and Local Programs.--There is 
authorized to be appropriated $100,000,000 for each of fiscal years 
1998, 1999, and 2000, to carry out part B.
    ``(c) Source of Appropriations.--Notwithstanding any other 
provision of law, amounts authorized to be appropriated under this 
section may be appropriated from the Violent Crime Reduction Trust Fund 
established under section 310001 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14211).''.
                                 <all>