[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 538

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 1999

 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 penalties for drug trafficking in or near a school 
                            or other protected location.
Sec. 103. Increased penalties for using minors to distribute drugs.
Sec. 104. Drug offenses committed in the presence of children.
Sec. 105. Use of minors in crimes of violence.
Sec. 106. Solicitation or recruitment of minors in criminal gang 
                            activity.
Sec. 107. 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. Definitions.
Sec. 123. Notification after arrest.
Sec. 124. Release and detention prior to disposition.
Sec. 125. Speedy trial.
Sec. 126. Disposition; availability of increased detention, fines, and 
                            supervised release for juvenile offenders.
Sec. 127. Use of juvenile records.
Sec. 128. Implementation of a sentence for juvenile offenders.
Sec. 129. Juvenile adjudications considered in sentencing.
Sec. 130. Violent, armed, and dangerous youth apprehension directive.
Sec. 131. Construction of Federal juvenile corrections facilities.
                  Subtitle C--Combating Gang Violence

Sec. 141. Increased offense level for participation in crime as a gang 
                            member.
Sec. 142. Amendment of title 18 with respect to criminal street gangs.
Sec. 143. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 144. Serious juvenile drug offenses as armed career criminal 
                            predicates.
Sec. 145. Increased penalties for using physical force to tamper 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 meaning given that term 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 PENALTIES 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'';
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''; and
            (3) in subsection (d), by striking ``not more than five 
        years or a fine of not more than $50,000 or both'' and 
        inserting ``not more than 10 years, or a fine of not more than 
        $100,000, or both''.

SEC. 104. DRUG OFFENSES COMMITTED IN THE PRESENCE OF CHILDREN.

    (a) In General.--For the purposes of this Act, an offense is 
committed in the presence of a child if--
            (1) it takes place in the line of sight of an individual 
        who has not attained the age of 18 years; or
            (2) an individual who has not attained the age of 18 years 
        habitually resides in the place where the violation occurs.
    (b) Guidelines.--Not later than 120 days after the date of 
enactment of this Act, the United States Sentencing Commission shall 
amend the Federal sentencing guidelines to provide, with respect to an 
offense under part D of the Controlled Substances Act that is committed 
in the presence of a child--
            (1) a sentencing enhancement of not less than 2 offense 
        levels above the base offense level for the underlying offense 
        or 1 additional year, whichever is greater; and
            (2) in the case of a second or subsequent such offense, a 
        sentencing enhancement of not less than 4 offense levels above 
        the base offense level for the underlying offense, or 2 
        additional years, whichever is greater.

SEC. 105. 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. 106. 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. 107. 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 
        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. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter:
            ``(1) Adult inmate.--The term `adult inmate' means an 
        individual who has attained the age of 18 years and who is in 
        custody for, awaiting trial on, or convicted of criminal 
        charges or an act of juvenile delinquency committed while a 
        juvenile.
            ``(2) Juvenile.--The term `juvenile' means--
                    ``(A) a person who has not attained the age of 18 
                years; or
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years.
            ``(3) Juvenile delinquency.--The term `juvenile 
        delinquency' means the violation of a law of the United States 
        committed by a person before the eighteenth birthday of that 
        person, if the violation--
                    ``(A) would have been a crime if committed by an 
                adult; or
                    ``(B) is a violation of section 922(x).
            ``(4) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and incidental or accidental.
            ``(5) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between a juvenile and an adult inmate.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(6) State.--The term `State' includes a State of the 
        United States, the District of Columbia, any commonwealth, 
        territory, or possession of the United States and, with regard 
        to an act of juvenile delinquency that would have been a 
        misdemeanor if committed by an adult, an Indian tribe (as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 4506(e))).
            ``(7) Violent juvenile.--The term `violent juvenile' means 
        any juvenile who is alleged to have committed, has been 
        adjudicated delinquent for, or has been convicted of an offense 
        that, if committed by an adult, would be a crime of violence 
        (as defined in section 16).''.

SEC. 123. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended--
            (1) in the first sentence, by striking ``immediately notify 
        the Attorney General and'' and inserting the following: 
        ``immediately, or as soon as practicable thereafter, notify the 
        United States Attorney of the appropriate jurisdiction and 
        shall promptly take reasonable steps to notify''; and
            (2) in the second sentence of the second undesignated 
        paragraph, by inserting before the period at the end the 
        following: ``, and the juvenile shall not be subject to 
        detention under conditions that permit prohibited physical 
        contact with adult inmates or in which the juvenile and an 
        adult inmate can engage in sustained oral communication''.

SEC. 124. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The magistrate shall insure'' and 
        inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate shall 
        ensure'';
            (2) by striking ``The magistrate may appoint'' and 
        inserting the following:
            ``(2) Guardian ad litem.--The magistrate may appoint'';
            (3) by striking ``If the juvenile'' and inserting the 
        following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--A juvenile who is to be tried 
as an adult pursuant to section 5032 shall be released pending trial 
only in accordance with the applicable provisions of chapter 207. The 
release shall be conducted in the same manner and shall be subject to 
the same terms, conditions, and sanctions for violation of a release 
condition as provided for an adult under chapter 207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult 
        pursuant to section 5032 for an offense committed while on 
        release under this section.''.

SEC. 125. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by inserting ``who is to be proceeded against as a 
        juvenile pursuant to section 5032 and'' after ``If an alleged 
        delinquent'';
            (2) by striking ``thirty'' and inserting ``70''; and
            (3) by striking ``the court,'' and all that follows through 
        the end of the section and inserting the following: ``the 
        court. The periods of exclusion under section 3161(h) shall 
        apply to this section. In determining whether an information 
        should be dismissed with or without prejudice, the court shall 
        consider the seriousness of the alleged act of juvenile 
        delinquency, the facts and circumstances of the case that led 
        to the dismissal, and the impact of a reprosecution on the 
        administration of justice.''.

SEC. 126. 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 40 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. 127. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``Throughout'' and 
        inserting ``Except as otherwise provided this section, 
        throughout'';
            (2) by striking subsections (d) and (f) and 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, if 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;
                            ``(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; and
                            ``(vi) made available to any government 
                        agency responsible for dealing with victims of 
                        crimes for purposes of--
                                    ``(I) responding to an inquiry from 
                                any victim of such juvenile delinquency 
                                or, if the victim is deceased, from a 
                                member of the immediate family of the 
                                victim, related to the final 
                                disposition of such juvenile by the 
                                court; and
                                    ``(II) communicating with a victim 
                                of such juvenile delinquency or, in 
                                appropriate cases, with the official 
                                representative of a victim, in order 
                                to--
                                            ``(aa) apprise the victim 
                                        or representative of the status 
                                        or disposition of the 
                                        proceeding;
                                            ``(bb) effectuate any other 
                                        provision of law; or
                                            ``(cc) assist in the 
                                        allocution at disposition of 
                                        the victim or the 
                                        representative of the victim;
                    ``(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) 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.
    ``(f) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult in Federal court, the Federal criminal 
record of the juvenile shall be made available in the same manner as is 
applicable to the records of adult defendants.''.

SEC. 128. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.

    (a) In General.--Section 5039 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5039. Implementation of a sentence
    ``(a) In General.--Except as otherwise provided in this chapter, 
the sentence for a juvenile who is adjudicated delinquent or found 
guilty of an offense under any proceeding in a district court of the 
United States under section 5032 shall be carried out in the same 
manner as for an adult defendant.
    ``(b) Sentences of Imprisonment, Probation, and Supervised 
Release.--Subject to subsection (d), the implementation of a sentence 
of imprisonment is governed by subchapter C of chapter 229 and, if the 
sentence includes a term of probation or supervised release, by 
subchapter A of chapter 229.
    ``(c) Sentences of Fines and Orders of Restitution; Special 
Assessments.--
            ``(1) In general.--A sentence of a fine, an order of 
        restitution, or a special assessment under section 3013 shall 
        be implemented and collected in the same manner as for an adult 
        defendant.
            ``(2) Prohibition.--The parent, guardian, or custodian of a 
        juvenile sentenced to pay a fine or ordered to pay restitution 
        or a special assessment under section 3013 may not be made 
        liable for such payment by any court.
    ``(d) Segregation of Juveniles; Conditions of Confinement.--
            ``(1) In general.--No juvenile committed for incarceration, 
        whether pursuant to an adjudication of delinquency or 
        conviction for an offense, to the custody of the Attorney 
        General may, before the juvenile attains the age of 18 years, 
        be placed or retained in any jail or correctional institution 
        in which the juvenile has prohibited physical contact with 
        adult inmate or can engage in sustained oral communication with 
        adult inmates. To the extent practicable, violent juveniles 
        shall be kept separate from nonviolent juveniles.
            ``(2) Requirements.--Each juvenile who is committed for 
        incarceration shall be provided with--
                    ``(A) adequate food, heat, light, sanitary 
                facilities, bedding, clothing, and recreation; and
                    ``(B) as appropriate, counseling, education, 
                training, and medical care (including necessary 
                psychiatric, psychological, or other care or 
                treatment).
            ``(3) Commitment to foster home or community-based 
        facility.--Except in the case of a juvenile who is found guilty 
        of a violent felony or who is adjudicated delinquent for an 
        offense that would be a violent felony if the juvenile had been 
        prosecuted as an adult, the Attorney General shall commit a 
        juvenile to a foster home or community-based facility located 
        in or near his home community if that commitment is--
                    ``(A) practicable;
                    ``(B) in the best interest of the juvenile; and
                    ``(C) consistent with the safety of the 
                community.''.
    (b) Conforming Amendment.--The analysis for chapter 403 of title 
18, United States Code, is amended by striking the item relating to 
section 5039 and inserting the following:

``5039. Implementation of a sentence.''.

SEC. 129. 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. 130. 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 
                        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 defined in section 
        521 of title 18, United States Code).

SEC. 131. 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 is authorized to be 
appropriated such sums as may be necessary to carry out this section.

                  Subtitle C--Combating Gang Violence

SEC. 141. INCREASED OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG 
              MEMBER.

    (a) Definition.--In this section, the term ``criminal street gang'' 
has the meaning given that term 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. 142. 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 5 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), 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 or 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 5 
                years and not more than 25 years, or a term of 
                imprisonment of not less than 5 years and not more than 
                25 years 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).
    ``(c) Certification.--A person may not be prosecuted for an offense 
under this section unless the Attorney General, the Deputy Attorney 
General, or the Assistant Attorney General for the Criminal Division 
personally certifies (which certification shall not be subject to 
review in or by any court) that, in the judgment of that official, the 
prosecution of that person--
            ``(1) is in the public interest; and
            ``(2) is necessary to secure substantial justice.''.
    (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. 143. 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, 
                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 meaning given that term in 
                section 521 of title 18, United States Code.
                    (B) Unlawful activity.--The term ``unlawful 
                activity'' has the meaning given that term in section 
                1952(b) of title 18, United States Code, as amended by 
                this section.

SEC. 144. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be an 
                        offense described in clause (i) or (ii);''.

SEC. 145. INCREASED PENALTIES FOR USING PHYSICAL FORCE TO TAMPER WITH 
              WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Use of physical force to tamper with witnesses, 
        victims, or informants.--Whoever uses physical force or the 
        threat of physical force against any person, or attempts to do 
        so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; or
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) by paragraph (3), as redesignated, by striking 
                subparagraph (B) and inserting the following:
            ``(B) in the case of--
                            ``(i) an attempt to murder; or
                            ``(ii) the use of physical force against 
                        any person;
            imprisonment for not more than 20 years.'';
            (2) in subsection (b), by striking ``or physical force''; 
        and
            (3) by adding at the end the following:
    ``(j) Conspiracy.--Whoever conspires to commit any offense under 
this section or section 1513 shall be subject to the same penalties as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

 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;
            ``(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; and
            ``(10) for programs to seek to target, curb, and punish 
        adults who knowingly and intentionally use a juvenile during 
        the commission or attempted commission of a crime, including 
        programs that specifically provide for additional punishments 
        or sentence enhancements for adults who knowingly and 
        intentionally use a juvenile during the commission or attempted 
        commission of a crime.

``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 prosecute 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, provided 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;
                            ``(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; and
                            ``(vi) made available to any government 
                        agency responsible for dealing with victims of 
                        crime for purposes of--
                                    ``(I) responding to an inquiry from 
                                any victim of such juvenile delinquency 
                                or, if the victim is deceased, from a 
                                member of the immediate family of the 
                                victim, related to the final 
                                disposition of such juvenile by the 
                                court; and
                                    ``(II) communicating with a victim 
                                of such juvenile delinquency or, in 
                                appropriate cases, with the official 
                                representative of a victim, in order 
                                to--
                                            ``(aa) apprise the victim 
                                        or representative of the status 
                                        or disposition of the 
                                        proceeding;
                                            ``(bb) effectuate any other 
                                        provision of law; or
                                            ``(cc) assist in the 
                                        allocution at disposition of 
                                        the victim or the 
                                        representative of the victim;
                    ``(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
                    ``(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) 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 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.
            ``(4) 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 an enhanced 
                sentence or 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 sanctions for 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) Purpose.--The purpose of this section is to ensure that State 
and local governments, exercising their authority under subsection (b), 
consider all nongovernmental organizations on an equal basis when 
choosing such organizations to provide assistance to beneficiaries 
under government programs described in subsection (b), without 
impairing the religious character of any of the organizations, and 
without diminishing the religious freedom of beneficiaries of 
assistance funded under such programs.
    ``(b) General Authority.--Each State that receives a grant under 
this part (or unit of local government that receives amounts from a 
State through the grant) may--
            ``(1) administer and provide assistance 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.
    ``(c) Religious Organizations Included as Nongovernmental 
Providers.--In the event a State or local government exercises its 
authority under subsection (b) a program described in subsection (b), 
religious organizations shall be eligible, on the same basis as other 
nongovernmental organizations, to enter into contracts, or to accept 
certificates, vouchers, or other forms of disbursement, to provide 
assistance under the program described in subsection (b), so long as 
the program is implemented in a manner consistent with the 
Establishment Clause of the first amendment to the Constitution. 
Neither the Federal Government nor a State or local government 
receiving funds under such program shall discriminate against an 
organization that provides assistance under, or applies to provide 
assistance under, such program, on the basis that the organization has 
a religious character.
    ``(d) Religious Character and Independence.--
            ``(1) In general.--A religious organization that provides 
        assistance under a program described in subsection (b) 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.
            ``(2) Additional safeguards.--Neither the Federal 
        Government nor a State or local government shall require a 
        religious organization--
                    ``(A) to alter its form of internal governance; or
                    ``(B) to remove religious art, icons, scripture, or 
                other symbols;
        in order to be eligible to provide assistance under a program 
        described in subsection (b).
    ``(e) Employment Practices.--
            ``(1) Tenets and teachings.--A religious organization that 
        provides assistance under a program described in subsection (b) 
        may require that the employees of the organization who are 
        providing assistance under such program adhere to the religious 
        tenets and teachings of such organization, and such 
        organization may require that those employees adhere to rules 
        forbidding the use of drugs or alcohol.
            ``(2) Title vii exemption.--The exemption of a religious 
        organization provided under section 702 or 703(e)(2) of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2)) 
        regarding employment practices shall not be affected by the 
        religious organization's provision of assistance under, or 
        receipt of funds from, a program described in subsection (b).
    ``(f) Rights of Beneficiaries of Assistance.--
            ``(1) In general.--If an individual described in paragraph 
        (3) has an objection to the religious character of the 
        organization from which the individual receives, or would 
        receive, assistance funded under any program described in 
        subsection (b), the appropriate State or local governmental 
        entity shall provide to such individual (if otherwise eligible 
        for such assistance) within a reasonable period of time after 
the date of such objection, assistance that--
                    ``(A) is from an alternative organization that is 
                accessible to the individual; and
                    ``(B) has a value that is not less than the value 
                of the assistance that the individual would have 
                received from such organization.
            ``(2) Notice.--The appropriate State or local governmental 
        entity shall ensure that notice is provided to individuals 
        described in paragraph (3) of the rights of such individuals 
        under this section.
            ``(3) Individual described.--An individual described in 
        this paragraph is an individual who receives or applies for 
        assistance under a program described in subsection (b).
    ``(g) Nondiscrimination Against Beneficiaries.--A religious 
organization shall not discriminate against an individual described in 
subsection (f)(3) in regard to rendering assistance funded under any 
program described in subsection (b) on the basis of religion, a 
religious belief, a refusal to hold a religious belief, or a refusal to 
actively participate in a religious practice.
    ``(h) Fiscal Accountability.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        religious organization providing assistance under any program 
        described in subsection (b) shall be subject to the same 
        regulations as other nongovernmental organizations to account 
        in accord with generally accepted accounting principles for the 
        use of such funds provided under such program.
            ``(2) Limited audit.--Such organization shall segregate 
        government funds provided under such program into a separate 
        account. Only the government funds shall be subject to audit by 
        the government.
    ``(i) Compliance.--A party alleging that the rights of the party 
under this section have been violated by a State or local government 
may bring a civil action pursuant to section 1979 (42 U.S.C. 1983) 
against the official or government agency that has allegedly committed 
such violation. A party alleging that the rights of the party under 
this section have been violated by the Federal Government may bring a 
civil action for appropriate relief in an appropriate Federal district 
court against the official or government agency that has allegedly 
committed such violation.
    ``(j) Limitations on Use of Funds for Certain Purposes.--No funds 
provided through a grant or contract to a religious organization to 
provide assistance under any program described in subsection (b) shall 
be expended for sectarian worship, instruction, or proselytization.
    ``(k) Effect on State and Local Funds.--If a State or local 
government contributes State or local funds to carry out a program 
described in subsection (b), the government may segregate the State or 
local funds from the Federal funds provided to carry out the program or 
commingle the State or local funds with the Federal funds. If the State 
or local government commingles the State or local funds, the provisions 
of this section shall apply to the commingled funds in the same manner, 
and to the same extent, as the provisions apply to the Federal funds.
    ``(l) Treatment of Intermediate Contractors.--If a nongovernmental 
organization (referred to in this subsection as an `intermediate 
organization'), acting under a contract or other agreement with a State 
or local government, is given the authority under the contract or 
agreement to select nongovernmental organizations to provide assistance 
under the programs described in subsection (b), the intermediate 
organization shall have the same nondiscrimination duty under this 
section as the government but shall retain all other rights of a 
nongovernmental organization under this section.

``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 is authorized to be 
appropriated to carry out this part $250,000,000 for each of fiscal 
years 2000, 2001, and 2002.
    ``(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;
                    ``(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 initially imposed 
        by this 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 
        and 85 percent stated that juvenile criminal records should be 
        made available to adult authorities;
            ``(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) Purpose.--The purpose of this paragraph is to 
                ensure that State and local governments, exercising 
                their authority under subparagraph (B), consider all 
                nongovernmental organizations on an equal basis when 
                choosing such organizations to provide assistance to 
                beneficiaries under government programs described in 
                subparagraph (B), without impairing the religious 
                character of any of the organizations, and without 
                diminishing the religious freedom of beneficiaries of 
                assistance funded under such programs.
                    ``(B) General authority.--Each State or local 
                government that receives a grant under paragraph (1) 
                for a program authorized under this title may enter 
                into contracts with religious organizations, or make 
                grants to religious organizations, to provide 
                assistance under such program authorized under this 
                title.
                    ``(C) Religious organizations included as 
                nongovernmental providers.--In the event a State or 
                local government exercises its authority under 
                subparagraph (B) for a program described in 
                subparagraph (B), religious organizations shall be 
                eligible, on the same basis as other nongovernmental 
                organizations, to enter into contracts or receive 
                grants to provide assistance under the program 
                described in subparagraph (B), so long as the program 
                is implemented in a manner consistent with the 
                Establishment Clause of the first amendment to the 
                Constitution. Neither the Federal Government nor a 
                State or local government receiving funds under such 
                program shall discriminate against an organization that 
                provides assistance under, or applies to provide 
                assistance under, such program, on the basis that the 
                organization has a religious character.
                    ``(D) Religious character and independence.--
                            ``(i) In general.--A religious organization 
                        that provides assistance under a program 
                        described in subparagraph (B) 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--
                                    ``(I) to alter its form of internal 
                                governance; or
                                    ``(II) to remove religious art, 
                                icons, scripture, or other symbols;
                        in order to be eligible to provide assistance 
                        under a program described in subparagraph (B).
                    ``(E) Employment practices.--
                            ``(i) Tenets and teachings.--A religious 
                        organization that provides assistance under a 
                        program described in subparagraph (B) may 
                        require that the employees of the organization 
                        who are providing assistance under such program 
                        adhere to the religious tenets and teachings of 
                        such organization, and such organization may 
                        require that those employees adhere to rules 
                        forbidding the use of drugs or alcohol.
                            ``(ii) Title vii exemption.--The exemption 
                        of a religious organization provided under 
                        section 702 or 703(e)(2) of the Civil Rights 
                        Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2)) 
                        regarding employment practices shall not be 
                        affected by the religious organization's 
                        provision of assistance under, or receipt of 
                        funds from, a program described in subparagraph 
                        (B).
                    ``(F) Rights of beneficiaries of assistance.--
                            ``(i) In general.--If an individual 
                        described in clause (iii) has an objection to 
                        the religious character of the organization 
                        from which the individual receives, or would 
                        receive, assistance funded under any program 
                        described in subparagraph (B), the appropriate 
                        State or local governmental entity shall 
                        provide to such individual (if otherwise 
                        eligible for such assistance) within a 
                        reasonable period of time after the date of 
                        such objection, assistance that--
                                    ``(I) is from an alternative 
                                organization that is accessible to the 
                                individual; and
                                    ``(II) has a value that is not less 
                                than the value of the assistance that 
                                the individual would have received from 
                                such organization.
                            ``(ii) Notice.--The appropriate State or 
                        local governmental entity shall ensure that 
                        notice is provided to individuals described in 
                        clause (iii) of the rights of such individuals 
                        under this section.
                            ``(iii) Individual described.--An 
                        individual described in this clause is an 
                        individual who receives or applies for 
                        assistance under a program described in 
                        subparagraph (B).
                    ``(G) Nondiscrimination against beneficiaries.--A 
                religious organization shall not discriminate against 
                an individual described in subparagraph (F)(iii) in 
                regard to rendering assistance funded under any program 
                described in subparagraph (B) on the basis of religion, 
                a religious belief, a refusal to hold a religious 
                belief, or a refusal to actively participate in a 
                religious practice.
                    ``(H) Fiscal accountability.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any religious organization 
                        providing assistance under any program 
                        described in subparagraph (B) shall be subject 
                        to the same regulations as other 
                        nongovernmental organizations to account in 
                        accord with generally accepted accounting 
                        principles for the use of such funds provided 
                        under such program.
                            ``(ii) Limited audit.--Such organization 
                        shall segregate government funds provided under 
                        such program into a separate account. Only the 
                        government funds shall be subject to audit by 
                        the government.
                    ``(I) Compliance.--A party alleging that the rights 
                of the party under this paragraph have been violated by 
                a State or local government may bring a civil action 
                pursuant to section 1979 (42 U.S.C. 1983) against the 
                official or government agency that has allegedly 
                committed such violation. A party alleging that the 
                rights of the party under this paragraph have been 
                violated by the Federal Government may bring a civil 
                action for appropriate relief in an appropriate Federal 
                district court against the official or government 
                agency that has allegedly committed such violation.
                    ``(J) Limitations on use of funds for certain 
                purposes.--No funds provided through a grant or 
                contract to a religious organization to provide 
                assistance under any program described in subparagraph 
                (B) shall be expended for sectarian worship, 
                instruction, or proselytization.
                    ``(K) Effect on state and local funds.--If a State 
                or local government contributes State or local funds to 
                carry out a program described in subparagraph (B), the 
                government may segregate the State or local funds from 
                the Federal funds provided to carry out the program or 
                commingle the State or local funds with the Federal 
                funds. If the State or local government commingles the 
                State or local funds, the provisions of this paragraph 
                shall apply to the commingled funds in the same manner, 
and to the same extent, as the provisions apply to the Federal funds.
                    ``(L) Treatment of intermediate contractors.--If a 
                nongovernmental organization (referred to in this 
                subparagraph as an `intermediate organization'), acting 
                under a contract or other agreement with a State or 
                local government, is given the authority under the 
                contract or agreement to select nongovernmental 
                organizations to provide assistance under the programs 
                described in subparagraph (B), the intermediate 
                organization shall have the same nondiscrimination duty 
                under this paragraph as the government but shall retain 
                all other rights of a nongovernmental organization 
                under this paragraph.''; 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.

    (a) In General.--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, and 
                redesignating part D as part C;
                    (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 D--General and Administrative Provisions''; and

            (2) by striking title V, as added by section 5(a) of Public 
        Law 102-586.
    (b) Technical and Conforming Amendments.--
            (1) Section 222.--Section 222(a)(2) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)(2))--
                    (A) in subparagraph (A), by striking ``parts D and 
                E'' and inserting ``part C''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``part D'' and inserting 
                        ``part C''; and
                            (ii) by striking ``parts D and E'' and 
                        inserting ``part C''.
            (2) Sections 281a and 282.--Sections 281A(a)(6) and 
        282(b)(6) of the Juvenile Justice and Delinquency Prevention 
        Act of 1974 (42 U.S.C. 5667-1(a)(6); 5667a(b)(6)) are each 
        amended by striking ``parts B or C'' each place that term 
        appears and inserting ``part B''.

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 to read as follows:

``SEC. 299. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Office of Juvenile Delinquency Prevention.--There is 
authorized to be appropriated for each of fiscal years 2000, 2001, and 
2002 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 
2000, 2001, and 2002 to carry out part B.
    ``(c) Gang-Free Schools and Communities; Community-Based Gang 
Intervention.--There is authorized to be appropriated $100,000,000 for 
each of fiscal years 2000, 2001, and 2002 to carry out part C.
    ``(d) 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>