[Senate Report 105-108]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 210
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-108
_______________________________________________________________________


 
            VIOLENT AND REPEAT JUVENILE OFFENDER ACT OF 1997
                                     
                               ----------                              

                              R E P O R T

                                 OF THE

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                             together with

              ADDITIONAL, MINORITY, AND SUPPLEMENTAL VIEWS

                              to accompany

                                 S. 10





                October 9, 1997.--Ordered to be printed



                                                       Calendar No. 210
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-108
_______________________________________________________________________


            VIOLENT AND REPEAT JUVENILE OFFENDER ACT OF 1997

                               __________

                              R E P O R T

                                 OF THE

                       COMMITTEE ON THE JUDICIARY

                          UNITED STATES SENATE

                             together with

              ADDITIONAL, MINORITY, AND SUPPLEMENTAL VIEWS

                              to accompany

                                 S. 10





                October 9, 1997.--Ordered to be printed



            VIOLENT AND REPEAT JUVENILE OFFENDER ACT OF 1997



105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-108
_______________________________________________________________________


            VIOLENT AND REPEAT JUVENILE OFFENDER ACT OF 1997

                                _______
                                

                October 9, 1997.--Ordered to be printed

_______________________________________________________________________


Mr. Hatch, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

              ADDITIONAL, MINORITY, AND SUPPLEMENTAL VIEWS

                          [To accompany S. 10]

    The Committee on the Judiciary, to which was referred the 
bill (S. 10) to reduce juvenile crime, promote accountability 
by juvenile criminals, punish and deter violent gang crime, and 
for other purposes, having considered the same and amendments 
thereto, reports favorably thereon, with an amendment in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose.........................................................61
 II. Discussion......................................................65
III. Section summary................................................113
 IV. Legislative history and committee action.......................126
  V. Regulatory impact statement....................................136
 VI. Cost estimate..................................................138
VII. Minority views of Senators Leahy, Kennedy, Biden, Kohl, Feingold, 
     and Durbin.....................................................144
VIII.Additional views of Senator Grassley...........................191

 IX. Additional views of Senators Feinstein and Torricelli..........195
  X. Additional minority views of Senator Biden.....................196
 XI. Supplemental views of Senators Kennedy, Biden, Kohl, Feinstein, 
     Durbin, and Torricelli.........................................200
XII. Changes in existing law........................................206

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent and Repeat 
Juvenile Offender Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.

                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal Sentencing Guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.

                        TITLE II--JUVENILE GANGS

Sec. 201. Short title.
Sec. 202. Increase in offense level for participation in crime as a 
gang member.
Sec. 203. Amendment of title 18 with respect to criminal gangs.
Sec. 204. Interstate and foreign travel or transportation in aid of 
criminal gangs.
Sec. 205. Solicitation or recruitment of persons in criminal gang 
activity.
Sec. 206. Crimes involving the recruitment of persons to participate in 
criminal gangs and firearms offenses as RICO predicates.
Sec. 207. Prohibitions relating to firearms.
Sec. 208. Amendment of sentencing guidelines with respect to body 
armor.
Sec. 209. Prison communications.
Sec. 210. High intensity interstate gang activity areas.
Sec. 211. Increased RICO penalties for gang and violent crimes.
Sec. 212. Increasing the penalty for using physical force to tamper 
with witnesses, victims, or informants.
Sec. 213. Clone pagers.

          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. National program.
Sec. 303. Juvenile crime control and juvenile offender accountability 
incentive block grants.
Sec. 304. State plans.
Sec. 305. Grants to prosecutors.
Sec. 306. Runaway and homeless youth.
Sec. 307. Authorization of appropriations.
Sec. 308. Transfer of functions and savings provisions.
Sec. 309. Pilot program to promote replication of recent successful 
juvenile crime reduction strategies.
Sec. 310. Repeal of unnecessary and duplicative programs.
Sec. 311. Extension of Violent Crime Reduction Trust Fund.
Sec. 312. Reimbursement of States for costs of incarcerating juvenile 
aliens.

                     TITLE IV--BOYS AND GIRLS CLUBS

Sec. 401. 2,500 Boys and Girls Clubs before 2000.

                         TITLE V--MISCELLANEOUS

                     Subtitle A--General Provisions

Sec. 501. Definition of unit of local government.
Sec. 502. Carjacking offenses.
Sec. 503. Firearms safety.
Sec. 504. Firearm safety education grants.
Sec. 505. Increased penalty for firearms conspiracy.
Sec. 506. Felony treatment for offenses tantamount to aiding and 
abetting unlawful purchases.
Sec. 507. Increased penalty for knowingly receiving firearms with 
obliterated serial number.
Sec. 508. Amendment of the sentencing guidelines for transfers of 
firearms to prohibited persons.
Sec. 509. Criminal forfeiture of firearms used in crimes of violence 
and felonies.
Sec. 510. Criminal forfeiture for gun trafficking.
Sec. 511. Using prison inmate labor and other labor for data processing 
of personal information about children.
Sec. 512. Truth-in-sentencing incentive grants.
Sec. 513. False advertising or misuse of name to indicate United States 
Marshals Service.
Sec. 514. Extension of authority.
Sec. 515. Use of residential substance abuse treatment grants to 
provide aftercare services.
Sec. 516. Establishment of felony violations.
Sec. 517. Hate Crimes Statistics Act.
Sec. 518. Elimination of the statute of limitations for murder and 
Class A offenses.
Sec. 519. Priority.
Sec. 520. Increased penalties for distributing drugs to minors.
Sec. 521. Increased penalty for drug trafficking in or near a school or 
other protected location.
Sec. 522. Increased penalties for using minors to distribute drugs.
Sec. 523. Penalties for use of minors in crimes of violence.
Sec. 524. Increased penalties for using Federal property to grow or 
manufacture controlled substances.
Sec. 525. Safe schools.
Sec. 526. Applicability to dangerous weapons.
         Subtitle B--Child Exploitation Sentencing Enhancement

Sec. 531. Short title.
Sec. 532. Definitions.
Sec. 533. Increased penalties for use of a computer in the sexual abuse 
or exploitation of a child.
Sec. 534. Increased penalties for knowing misrepresentation in the 
sexual abuse or exploitation of a child.
Sec. 535. Increased penalties for pattern of activity of sexual 
exploitation of children.
Sec. 536. Repeat offenders; increased maximum penalties for 
transportation for illegal sexual activity and related crimes.
Sec. 537. Clarification of definition of distribution of pornography.
Sec. 538. Directive to the United States Sentencing Commission.
Sec. 539. Authorization for guardians ad litem.
Sec. 540. Applicability.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) at the outset of the 20th century, the States adopted a 
        separate justice system for juvenile offenders;
          (2) violent crimes committed by juveniles, such as homicide, 
        rape, and robbery, were an unknownphenomenon then, but the rate 
at which juveniles commit such crimes has escalated astronomically 
since that time;
          (3) in 1994--
                  (A) the number of persons arrested overall for murder 
                in the United States decreased by 5.8 percent, but the 
                number of persons who are less than 15 years of age 
                arrested for murder increased by 4 percent; and
                  (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons who are less than 15 years of age arrested for 
                violent crimes increased by 9.2 percent, and the number 
                of persons less than 18 years of age arrested for such 
                crimes increased by 6.5 percent;
          (4) from 1985 to 1996, the number of persons arrested for all 
        violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
          (5) the number of juvenile offenders is expected to undergo a 
        massive increase during the first 2 decades of the twenty-first 
        century, culminating in an unprecedented number of violent 
        offenders who are less than 18 years of age;
          (6) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when Congress 
        enacted the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with violent and repeat juvenile 
        offenders;
          (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting all such offenders as adults, 
        but should not impose specific strategies or programs on the 
        States;
          (8) an effective strategy for reducing violent juvenile crime 
        requires greater collection of investigative data and other 
        information, such as fingerprints and DNA evidence, as well as 
        greater sharing of such information among Federal, State, and 
        local agencies, including the courts, in the law enforcement 
        and educational systems;
          (9) data regarding violent juvenile offenders must be made 
        available to the adult criminal justice system if recidivism by 
        criminals is to be addressed adequately;
          (10) holding juvenile proceedings in secret denies victims of 
        crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
          (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
          (12) the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles is, and 
        should remain, primarily the responsibility of the States, to 
        be carried out without interference from the Federal 
        Government.
  (b) Purposes.--The purposes of this Act are--
          (1) to reform juvenile law so that the paramount concerns of 
        the juvenile justice system are providing for the safety of the 
        public and holding juvenile wrongdoers accountable for their 
        actions, while providing the wrongdoer a genuine opportunity 
        for self-reform;
          (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders;
          (3) to address specifically the problem of violent crime and 
        controlled substance offenses committed by youth gangs; and
          (4) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by theStates to ensure that 
the victims of violent crimes committed by juveniles receive the same 
level of justice as do victims of violent crimes that are committed by 
adults.

SEC. 3. SEVERABILITY.

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

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. REPEAL OF GENERAL PROVISION.

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

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

  (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:

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

  ``(a) In General.--A juvenile who is alleged to have committed a 
Federal offense shall, except as provided in subsection (d), be tried 
in the appropriate district court of the United States--
          ``(1) in the case of an offense described in subsection (c), 
        if the juvenile was not less than 14 years of age at the time 
        of the offense, as an adult at the discretion of the United 
        States Attorney in the appropriate jurisdiction, upon 
        certification by that United States Attorney (which 
        certification shall not be subject to review in or by any 
        court) that--
                  ``(A) there is a substantial Federal interest in the 
                case or the offense to warrant the exercise of Federal 
                jurisdiction; or
                  ``(B) the ends of justice otherwise so require;
          ``(2) in the case of a felony offense that is not described 
        in subsection (c) as an adult, upon certification by the 
        Attorney General (which certification shall not be subject to 
        review in or by any court) that--
                  ``(A) there is a substantial Federal interest in the 
                case or the offense to warrant the exercise of Federal 
                jurisdiction; or
                  ``(B) the ends of justice otherwise so require; and
          ``(3) in all other cases, as a juvenile.
  ``(b) Joinder; Lesser Included Offenses.--In a prosecution under this 
section, a juvenile may be prosecuted and convicted as an adult for any 
offense that is properly joined under the Federal Rules of Criminal 
Procedure with an offense under subsection (c), and may also be 
convicted of a lesser included offense.
  ``(c) Offenses Described.--For purposes of subsection (a)(1), an 
offense is described in this subsection if it is a Federal offense 
that--
          ``(1) is a serious violent felony or a serious drug offense 
        described in section 3559(c), except that the provisions of 
        paragraph (c)(3) of section 3559 shall not apply to this 
        section; or
          ``(2) is a conspiracy or an attempt to commit an offense 
        described in paragraph (1).
  ``(d) Referral by United States Attorney.--
          ``(1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of an offense 
        under this section, the United States Attorney may refer the 
        matter to the appropriate legal authorities of the State or 
        Indian tribe with jurisdiction over both the offense and the 
        juvenile.
          ``(2) Definitions.--In this subsection:
                  ``(A) Indian tribe.--The term `Indian tribe' has the 
                meaning given that term in section 4(e) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b(e)).
                  ``(B) 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.
  ``(e) Applicable Procedures.--Any action prosecuted in a district 
court of the United States under this section--
          ``(1) shall proceed in the same manner as is required by this 
        title and by the Federal Rules of Criminal Procedure in 
        proceedings against an adult in the case of a juvenile who is 
        being tried as an adult in accordance with subsection (a); and
          ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
  ``(f) Application of Laws.--
          ``(1) In general.--Except as otherwise provided in this 
        chapter, in any case in which a juvenile is prosecuted in a 
        district court of the United States as an adult, the juvenile 
        shall be subject to the same laws, rules, and proceedings 
        regarding sentencing (including the availability of probation, 
        restitution, fines, forfeiture, imprisonment, and supervised 
        release) that would be applicable in the case of an adult. No 
        juvenile sentenced to a term of imprisonment shall be released 
        from custody simply because the juvenile reaches the age of 18 
        years. Juveniles tried as adults shall be sentenced under 
        Federal sentencing guidelines consistent with section 994(z) of 
        title 28, United States Code, once such guidelines are 
        promulgated and go into effect.
          ``(2) Applicability of mandatory restitution provisions to 
        certain juveniles.--If a juvenile is tried as an adult for any 
        offense to which the mandatory restitution provisions of 
        sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
        sections shall apply to that juvenile in the same manner and to 
        the same extent as those provisions apply to adults.
  ``(g) Open Proceedings.--
          ``(1) In general.--Any offense tried in a district court of 
        the United States under this section shall be open to the 
        general public, in accordance with rules 10, 26, 31(a), and 53 
        of the Federal Rules of Criminal Procedure, unless good cause 
        is established by the moving party or is otherwise found by the 
        court, for closure.
          ``(2) Status alone insufficient.--The status of the defendant 
        as a juvenile, absent other factors, shall not constitute good 
        cause for purposes of this subsection.
  ``(h) Availability of Records.--
          ``(1) In general.--In making a determination concerning the 
        arrest or prosecution of a juvenile in a district court of the 
        United States under this section, subject to the requirements 
        of section 5038, the United States Attorney of the appropriate 
        jurisdiction shall have complete access to the prior Federal 
        juvenile records of the subject juvenile and, to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
          ``(2) Consideration of entire record.--In any case in which a 
        juvenile is found guilty in an action under this section, the 
        district court responsible for imposing sentence shall have 
        complete access to the prior Federal juvenile records of the 
        subject juvenile and, to the extent permitted under State law, 
        the prior State juvenile records of the subject juvenile. At 
        sentencing, the district court shall consider the entire 
        available prior juvenile record of the subject juvenile.
          ``(3) Release of records.--The Director of the Federal Bureau 
        of Investigation may release such Federal records and, to the 
        extent permitted by State law, such State records, to law 
        enforcement authorities of any jurisdiction and to officials of 
        any school, school district, or postsecondary school at which 
        the individual who is the subject of the juvenile record is 
        enrolled or seeks, intends, or is instructed to enroll, if such 
        school officials are held liable to the same standards and 
        penalties to which law enforcement and juvenile justice system 
        employees are held liable under Federal and State law for the 
        handling and disclosure of such information.''.
  (b) Conforming Amendments.--
          (1) Chapter analysis.--The analysis for chapter 403 of title 
        18, United States Code, is amended by striking the item 
        relating to section 5032 and inserting the following:

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

          (2) Adult sentencing section.--Section 3553 of title 18, 
        United States Code, is amended by adding at the end the 
        following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Under the Age of 16.--Notwithstanding any other 
provision of law, in the case of a defendant convicted for conduct that 
occurred before the juvenile attained the age of 16 years, the court 
shall impose a sentence without regard to any statutory minimum 
sentence if the court finds at sentencing, after affording the 
Government an opportunity to make a recommendation, that the juvenile 
has not been previously adjudicated delinquent for, or convicted of, a 
serious violent felony or a serious drug offense (as those terms are 
defined in section 3559(c)).
    ``(h) Treatment of Juvenile Criminal History in Federal 
Sentencing.--
          ``(1) In general.--
                  ``(A) Sentencing guidelines.--Pursuant to its 
                authority under section 994 of title 28 and the 
                amendments made by section 111 of the Violent and 
                Repeat Juvenile Offender Act of 1997, the United States 
                Sentencing Commission shall amend the Federal 
                Sentencing Guidelines to provide that, in determining 
                the criminal history score under the guidelines for any 
                adult offender or any juvenile offender being sentenced 
                as an adult, prior juvenile convictions and 
                adjudications for offenses described in paragraph (2) 
                shall receive a score similar to that which the 
                defendant would have received if those offenses had 
                been committed when the defendant was an adult, 
                provided that any portion of the sentence for the 
                offense was imposed or served within 15 years after the 
                commencement of the instant offense.
                  ``(B) Reviews.--The Commission shall also review the 
                criminal history treatment of juvenile adjudications or 
                convictions for other offenses to determine whether it 
                should be adjusted in a similar fashion, and make any 
                additional guideline amendments necessary to make 
                whatever adjustments it concludes are needed to 
                implement the results of the review.
          ``(2) Offenses described.--The offenses described in 
        paragraph (1) shall include--
                  ``(A) any crime of violence;
                  ``(B) any controlled substance offense;
                  ``(C) any other offense for which the defendant 
                received a sentence or disposition of imprisonment of 1 
                year or more; and
                  ``(D) any other offense punishable by a term of 
                imprisonment of more than 1 year for which the 
                defendant was prosecuted as an adult.
          ``(3) Definitions.--The guidelines described in paragraph (1) 
        shall define the terms `crime of violence' and `controlled 
        substance offense' in substantially the same manner as those 
        terms are defined in Guideline Section 4B1.2 of the November 1, 
        1995, Guidelines Manual.
          ``(4) Juvenile adjudications.--In carrying out this 
        subsection, the Commission shall assign criminal history points 
        for juvenile adjudications based principally on the nature of 
        the acts committed by the juvenile but may also provide for 
        some adjustment of the score in light of the length of sentence 
        the juvenile received.
          ``(5) Emergency authority.--The Commission shall promulgate 
        the guidelines or amendments provided for under this subsection 
        as soon as practicable, and in any event not later than 90 days 
        after the date of enactment of the Violent and Repeat Juvenile 
        Offender Act of 1997, in accordance with the procedures set 
        forth in section 21(a) of the Sentencing Act of 1987, as though 
        the authority under that authority had not expired, except that 
        the Commission shall submit to Congress the emergency 
        guidelines or amendments promulgated under this section, and 
        shall set an effective date for those guidelines or amendments 
        not earlier than 30 days after their submission to Congress.
          ``(6) Career offender determination.--Pursuant to its 
        authority under section 994 of title 28 and the amendments made 
        by section 111 of the Violent and Repeat Juvenile Offender Act 
        of 1997, the United States Sentencing Commission shall amend 
        the Federal Sentencing Guidelines to provide for inclusion, in 
        any determination whether a juvenile or adult defendant is a 
        career offender under section 994(h) of title 28 and any 
        computation of what sentence any defendant found to be a career 
        offender should be given, of any act for which the defendant 
        was previously convicted or adjudicated delinquent as a 
        juvenile that would be a felony covered by that section if it 
        had been committed as an adult.''.

SEC. 103. 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 18 years of age or older arrested and 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 his or her 
                eighteenth birthday; 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 his or her 
                twenty-first birthday.
          ``(3) Juvenile delinquency.--The term `juvenile delinquency' 
        means the violation of a law of the United States committed by 
        a person prior to 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 an adult inmate and a juvenile.
                  ``(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 that term is 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 that term is defined in section 16).''.

SEC. 104. 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 communications''.

SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate.--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.--Notwithstanding subsection 
(b), a juvenile who is to be tried as an adult under 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 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 under 
        section 5032 for an offense committed while on release under 
        this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
          (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--A juvenile'';
          (2) in subsection (a), as redesignated--
                  (A) in the third sentence by striking ``regular 
                contact'' and inserting ``prohibited physical contact 
                or sustained oral communication''; and
                  (B) after the fourth sentence, by inserting the 
                following: ``To the extent practicable, violent 
                juveniles shall be kept separate from nonviolent 
                juveniles.''; and
          (3) by adding at the end the following:
  ``(b) Detention of Certain Juveniles.--
          ``(1) In general.--Notwithstanding subsection (a), a juvenile 
        who is to be tried as an adult under section 5032 shall be 
        subject to detention in accordance with chapter 207 in the same 
        manner, to the same extent, and subject to the same terms and 
        conditions as an adult would be subject to under that chapter.
          ``(2) Exception.--A juvenile shall not be detained or 
        confined in any institution in which the juvenile has 
        prohibited physical contact with adult inmates, or can engage 
        in sustained oral communication. To the extent practicable, 
        violent juveniles shall be kept separate from nonviolent 
        juveniles.''.

SEC. 106. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
          (1) by striking ``thirty'' and inserting ``70''; and
          (2) by striking ``the court,'' and all that follows through 
        the end of the section and inserting the 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. 107. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
          (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
          ``(1) Dispositional hearing.--In a proceeding under section 
        5032(a)(3), 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). A 
        predisposition report shall be prepared by the probation 
        officer who shall promptly provide a copy to the juvenile, the 
        juvenile's counsel, and the attorney for the Government. Victim 
        impact information shall be included in the report, 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.
          ``(2) Actions of court after hearing.--After the 
        dispositional hearing, after considering any pertinent policy 
        statements promulgated by the United States Sentencing 
        Commission pursuant to section 994 of title 28, and in 
        conformance with the guidelines promulgated by the United 
        States Sentencing Commission pursuant to section 994(z)(1)(B) 
        of title 28, the court--
                  ``(A) shall place the juvenile on probation or commit 
                the juvenile to official detention (including the 
                possibility of a term of supervised release), and 
                impose any fine that would be authorized if the 
                juvenile had been tried and convicted as an adult; and
                  ``(B) may enter an order of restitution pursuant to 
                section 3663.'';
          (2) in subsection (b)--
                  (A) in the matter preceding paragraph (1), by 
                inserting ``or supervised release'' after 
                ``probation'';
                  (B) by striking ``extend--'' and all that follows 
                through ``The provisions'' and inserting the following: 
                ``extend, in the case of a juvenile, beyond the maximum 
                term of probation that would be authorized by section 
                3561, or beyond themaximum term of supervised release 
authorized by section 3583, if the juvenile had been tried and 
convicted as an adult. The provisions dealing with supervised release 
set forth in section 3583 and the provisions''; and
                  (C) in the last sentence, by inserting ``or 
                supervised release'' after ``on probation''; and
          (3) in subsection (c), by striking ``may not extend--'' and 
        all that follows through ``Section 3624'' and inserting the 
        following: ``may not extend beyond the earlier of the 26th 
        birthday of the juvenile or the termination date of the maximum 
        term of imprisonment, exclusive of any term of supervised 
        release, that would be authorized if the juvenile had been 
        tried and convicted as an adult. No juvenile sentenced to a 
        term of imprisonment shall be released from custody simply 
        because the juvenile reaches the age of 18 years. Section 
        3624''.

SEC. 108. USE OF JUVENILE RECORDS.

  Section 5038 of title 18, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (3), by inserting ``or analysis 
                requested by the Attorney General'' before the 
                semicolon;
                  (B) in paragraph (5), by striking ``and'' at the end;
                  (C) by striking paragraph (6) and inserting the 
                following:
          ``(6) communications with any victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of the victim in order to apprise such victim or 
        representative of the status or disposition of the proceeding 
        or in order to effectuate any other provision of law or to 
        assist in a victim's, or the victim's official 
        representative's, allocution at disposition; and
          ``(7) inquiries from any school or other educational 
        institution for the purpose of ensuring the public safety and 
        security at such institution.''; and
                  (D) by striking ``Unless'' and inserting the 
                following:
    ``(c) Prohibition on Release of Certain Information.--Unless'';
          (2) by striking subsections (e) and (f);
          (3) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
          (4) by inserting after subsection (a) the following:
    ``(b) Access by United States Attorney.--Notwithstanding subsection 
(a), in determining the appropriate disposition of a juvenile matter 
under section 5032, the United States Attorney of the appropriate 
jurisdiction shall have complete access to the official records of the 
juvenile proceedings conducted under this title.'';
          (5) in subsection (e), as redesignated, by inserting after 
        ``proceeding'' the following: ``, other than necessary 
        docketing information'';
          (6) by inserting after subsection (e), as redesignated, the 
        following:
    ``(f) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult, access to the record of the offenses of 
the juvenile shall be made available in the same manner as is 
applicable to adult defendants.''; and
          (7) by striking ``(d) Whenever'' and all that follows through 
        ``adult defendants.'' and inserting the following:
    ``(g) Fingerprints and Photographs.--
          ``(1) In general.--In any case in which a juvenile is 
        proceeded against in a district court of the United States 
        under section 5032, that juvenile shall be fingerprinted and 
        photographed.
          ``(2) Availability of fingerprints and photographs.--
        Fingerprints and photographs of a juvenile--
                  ``(A) who is prosecuted as an adult, shall be made 
                available in the same manner as is applicable to an 
                adult defendant; and
                  ``(B) who is not prosecuted as an adult, shall be 
                made available only as provided in subsection (a).
          ``(3) Information to federal bureau of investigation.--
                  ``(A) In general.--The court shall transmit to the 
                Federal Bureau of Information the information described 
                in subparagraph (B), in any case in which a juvenile 
                proceeded against in a district court of the United 
                States under section 5032 is found guilty--
                          ``(i) in the case of a juvenile not 
                        prosecuted as an adult, of any offense that is 
                        a crime of violence or an act that would be a 
                        felony if committed by an adult; or
                          ``(ii) in the case of a juvenile prosecuted 
                        as an adult, of any offense.
                  ``(B) Information.--The information described in this 
                subparagraph is--juvenile criminal accountability and 
                enhancing public safety far outweigh the merits of 
                nondisclosure or nondissemination of juvenile criminal 
                records.
                          ``(i) the information concerning an 
                        adjudication referred to in subparagraph (A), 
                        including the name of the juvenile involved, 
                        the date of the adjudication, the court, the 
                        offense involved, and the sentence; and
                          ``(ii) as appropriate, a notation as to 
                        whether the matters covered in the information 
                        under clause (i) involved a juvenile tried as 
                        an adult or were juvenile adjudications.''.

SEC. 109. 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, 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. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.

  Section 3401(g) of title 18, United States Code, is amended--
          (1) in the second sentence, by inserting after ``magistrate 
        judge may, in any'' the following: ``class A misdemeanor or 
        any''; and
          (2) in the third sentence, by striking ``, except that no'' 
        and all that follows before the period at the end of the 
        subsection.

SEC. 111. FEDERAL SENTENCING GUIDELINES.

  (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
  (b) Guidelines for Juvenile Cases.--
          (1) In general.--Section 994 of title 28, United States Code, 
        is amended by adding at the end the following:
  ``(z)(1) The Commission, not later than 1 year after the date of 
enactment of the Violent and Repeat Juvenile Offender Act of 1997, by 
affirmative vote of not less than 4 members of the Commission, and 
pursuant to its rules and regulations and consistent with all pertinent 
provisions of any Federal statute, shall promulgate and distribute to 
all courts of the United States and to the United States Probation 
System--
          ``(A) guidelines, as described in this section, for use by a 
        sentencing court in determining the sentence to be imposed in a 
        criminal case if the defendant committed the offense as a 
        juvenile, and is tried as an adult pursuant to section 5032 of 
        title 18, United States Code; and
          ``(B) guidelines, as described in this section, for use by a 
        court in determining the sentence to be imposed on a juvenile 
        adjudicated delinquent pursuant to section 5032 of title 18, 
        United States Code, and sentenced pursuant to a dispositional 
        hearing under section 5037 of title 18, United States Code.
  ``(2) In carrying out this subsection, the Commission shall make the 
determinations required by subsection (a)(1) and promulgate the policy 
statements and guidelines required by paragraphs (2) and (3) of 
subsection (a).
  ``(3) In addition to any other considerations required by this 
section, the Commission, in promulgating guidelines--
          ``(A) pursuant to paragraph (1)(A), shall presume the 
        appropriateness of adult sentencing provisions, but may make 
        such adjustments to sentence lengths and to provisions 
        governing downward departures from the guidelines as reflect 
        the specific interests and circumstances of juvenile 
        defendants; and
          ``(B) pursuant to paragraph (1)(B), shall ensure that the 
        guidelines--
                  ``(i) reflect the broad range of sentencing options 
                available to the court under section 5037 of title 18, 
                United States Code; and
                  ``(ii) effectuate a policy of an accountability-based 
                juvenile justice system that provides substantial and 
                appropriate sanctions, which are graduated to reflect 
                the severity or repeated nature of violations, for each 
                delinquent act, and reflect the specific interests and 
                circumstances of juvenile defendants.
  ``(4) The review period specified by subsection (p) shall apply to 
guidelines promulgated pursuant to this subsection and any future 
amendments thereto.''.
          (2) Technical correction to assure compliance of sentencing 
        guidelines with provisions of all federal statutes.--Section 
        994(a) of title 28, United States Code, is amended by striking 
        ``consistent with all pertinent provisions of this title and 
        title 18, United States Code,'' and inserting ``consistent with 
        all pertinent provisions of any Federal statute''.

SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.

  Not later than 18 months after the date of enactment of this Act, the 
Attorney General shall conduct a study of the juvenile justice systems 
of Indian tribes (as that term is defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) 
and shall report to the Chairman and Ranking Member of the Committee on 
the Judiciary and the Committee on Indian Affairs of the Senate and the 
Chairman and Ranking Member of the Committee on the Judiciary of the 
House of Representatives on--
          (1) the extent to which tribal governments are equipped to 
        adjudicate felonies, misdemeanors, and acts of delinquency 
        committed by juveniles subject to tribal jurisdiction; and
          (2) the need for and benefits from expanding the jurisdiction 
        of tribal courts and the authority to impose the same sentences 
        that can be imposed by Federal or State courts on such 
        juveniles.

                        TITLE II--JUVENILE GANGS

SEC. 201. SHORT TITLE.

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

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

  (a) Definition of Criminal Gang.--In this section, the term 
``criminal gang'' has the meaning given that term in section 521(a) of 
title 18, United States Code, as amended by section 203 of this title.
  (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 the Federal Sentencing 
        Guidelines to provide an appropriate enhancement for any 
        Federal offense that is a predicate gang crime (as the term is 
        defined in section 521 of title 18, United States Code), if the 
        offense was both committed in connection with, or in 
        furtherance of, the activities of a criminal gang and the 
        defendant was a member of the criminal gang at the time of the 
        offense.
          (2) Factors to be considered.--In determining an appropriate 
        enhancement under this section, the United States Sentencing 
        Commission shall give great weight to the seriousness of the 
        offense, the offender's relative position in the criminal gang, 
        and the risk of death or serious bodily injury to any person 
        posed by the offense.
  (c) Construction With Other Guidelines.--The amendment made by 
subsection (b) shall provide that the increase in the offense level 
shall be in addition to any other adjustment under chapter 3 of the 
Federal Sentencing Guidelines.

SEC. 203. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL 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 gang.--The term `criminal gang' means an 
        ongoing group, club, organization, or association of 5 or more 
        persons, whether formal or informal--
                  ``(A) that has as 1 of its primary activities or 
                purposes of the commission of 1 or more predicate gang 
                crimes; and
                  ``(B) 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 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) for which the 
                        maximum penalty is imprisonment for not less 
                        than 10 years;
                          ``(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 maximum penalty is imprisonment for 
                        not less than 10 years;
                          ``(iii) that is a violation of section 522 
                        (relating to the recruitment of persons to 
                        participate in criminal gang activity);
                          ``(iv) 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);
                          ``(v) that is a violation of--
                                  ``(I) subsection (a)(1), (i), (j), 
                                (k), (o), (q), (u), (v), or (x)(1) of 
                                section 922; or
                                  ``(II) subsection (b), (g), (h), (k), 
                                (l), or (m) of section 924;
                          ``(vi) that is a violation of section 1956 
                        (relating to money laundering), to the extent 
                        that the violation of such section is related 
                        to a Federal or State offense involving a 
                        controlled substance (as that term is defined 
                        in section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)); or
                          ``(vii) 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, and any commonwealth, 
        territory, or possession of the United States.''; and
          (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
  ``(b) Criminal Penalties.--Whoever 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, fined in accordance with 
                this title, or both; and
                  ``(B) the forfeiture prescribed in section 413 of the 
                Controlled Substances Act (21 U.S.C. 853); and
          ``(2) if any person engages in such activity after 1 or more 
        prior convictions under this section have become final, shall 
        be sentenced to--
                  ``(A) a term of imprisonment of not less than 20 
                years and not more than life, fined in accordance with 
                this title, or both; and
                  ``(B) the forfeiture prescribed in section 412 of the 
                Controlled Substances Act (21 U.S.C. 853).
  ``(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. 204. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
                    CRIMINAL 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.--Whoever--
                  ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                          ``(i) distribute the proceeds of any unlawful 
                        activity; or
                          ``(ii) otherwise promote, manage, establish, 
                        carry on, or facilitate the promotion, 
                        management, establishment, or carrying on, of 
                        any unlawful activity; and
                  ``(B) after travel or use of the mail or any facility 
                in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A);
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
          ``(2) Crimes of violence.--Whoever--
                  ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                  ``(B) after travel or use of the mail or any facility 
                in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.''.
          (2) Definitions.--Section 1952(b) of title 18, United States 
        Code, is amended to read as follows:
  ``(b) Definitions.--In this section:
          ``(1) Controlled substance.--The term `controlled substance' 
        has the meaning given that term in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)).
          ``(2) State.--The term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
          ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                  ``(A) pattern of gang activity (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 (as that term 
                is defined in section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(a))), 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, burglary if the 
                offense involves property valued at not less than 
                $10,000, assault with a deadly weapon, assault 
                resulting in bodily injury, shooting at an occupied 
                dwelling or motor vehicle, or retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, in violation of the laws of the State in 
                which the offense is committed or of the United States;
                  ``(D) the use of bribery, force, intimidation, or 
                threat, directed against any person, to delay or 
                influence the testimony of or prevent from testifying a 
                witness in a State criminal proceeding or by any such 
                means to cause any person to destroy, alter, or conceal 
                a record, document, or other object, with intent to 
                impair the object's integrity or availability for use 
                in such a proceeding; or
                  ``(E) 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 to provide an appropriate increase in the 
        offense levels for traveling in interstate or foreign commerce 
        in aid of unlawful activity.
          (2) Definition of unlawful activity.--In this subsection, 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.
          (3) Sentencing enhancement for recruitment across state 
        lines.--Pursuant to its authority under section 994(p) of title 
        28, United States Code, the United States Sentencing Commission 
        shall amend the Federal Sentencing Guidelines to provide an 
        appropriate enhancement for a person who, in violating 
        subsection (a), recruits, solicits, induces, commands, or 
        causes another person residing in another State to be or to 
        remain a member of a criminal gang, or crosses a State line 
        with the intent to recruit, solicit, induce, command, or cause 
        another person to be or to remain a member of a criminal gang.

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

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

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

  ``(a) Prohibited Act.--It shall be unlawful for any person to use any 
facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, to recruit, solicit, induce, command, or cause 
another person to be or to remain as a member of a criminal gang, or 
conspire to do so.
  ``(b) Penalties.--Any person who violates subsection (a) shall--
          ``(1) if the person recruited, solicited, induced, commanded, 
        or caused--
                  ``(A) is a minor, be imprisoned for a term of not 
                less than 4 years and not more than 10 years, fined in 
                accordance with this title, or both; or
                  ``(B) is not a minor, be imprisoned for a term of not 
                less than 1 year and not more than 10 years, fined in 
                accordance with this title, or both; and
          ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor attains the 
        age of 18.
  ``(c) Definitions.--In this section:
          ``(1) Criminal gang.--The term `criminal gang' has the 
        meaning given the term in section 521.
          ``(2) Minor.--The term `minor' means a person who is younger 
        than 18 years of age.''.
  (b) 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 persons to participate in criminal gang 
activity.''.

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

  Section 1961(1) of title 18, United States Code, is amended--
          (1) by striking ``or'' before ``(F)''; and
          (2) by inserting before the semicolon at the end the 
        following: ``, (G) an offense under section 522 of this title, 
        or (H) an offense under section 924(a) insofar as such offense 
        is a violation of subsection (a)(1), (a)(4), (i), (j), (k), 
        (o), (q), (u), (v), or (x)(1) of section 922, or subsection 
        (b), (g), (h), (k), (l), or (m) of section 924 (relating to 
        firearms violations), except that with respect to an offense 
        under section 922 or 924 described in subparagraph (H), that 
        offense shall be considered to be a racketeering activity only 
        if that offense is committed by a person who knowingly furthers 
        a Federal offense that is a serious violent felony or a serious 
        drug offense (as those terms are defined in section 
        3559(c)(2))''.

SEC. 207. PROHIBITIONS RELATING TO FIREARMS.

  (a) Youth Handgun Safety.--Section 924(a)(6) of title 18, United 
States Code, is amended--
          (1) by striking subparagraph (A);
          (2) by redesignating subparagraph (B) as subparagraph (A);
          (3) in subparagraph (A), as redesignated--
                  (A) by striking ``A person other than a juvenile who 
                knowingly'' and inserting ``A person who knowingly'';
                  (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not more than 5 years''; and
                  (C) in clause (ii), by inserting ``not less than 1 
                year and'' after ``imprisoned''; and
          (4) by adding at the end the following:
          ``(B) Notwithstanding subparagraph (A), no mandatory minimum 
        sentence shall apply to a juvenile who is less than 14 years of 
        age.''.
  (b) Serious Juvenile Drug Offenses as Armed Career Criminal 
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is 
amended--
          (1) in clause (i), by striking ``or'' at the end;
          (2) in clause (ii), by adding ``or'' at the end; and
          (3) by adding at the end the following:
                  ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                clause (i) or (ii);''.
  (c) Transfer of Firearms to Minors for Use in Crime.--Section 924(h) 
of title 18, United States Code, is amended by striking ``10 years, 
fined in accordance with this title, or both'' and inserting ``10 
years, and if the transferee is a person who is under 18 years of age, 
imprisoned for a term of not less than 3 years, fined in accordance 
with this title, or both''.

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

  (a) Short Title.--This section may be cited as the ``James Guelff 
Body Armor Act of 1997''.
  (b) Definitions.--In this section:
          (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale as personal protective body covering 
        intended to protect against gunfire, regardless of whether the 
        product is to be worn alone or is sold as a complement to 
        another product or garment.
          (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
  (c) Sentencing Enhancement.--The United States Sentencing Commission 
shall amend the Federal Sentencing Guidelines to provide an appropriate 
sentencing enhancement, increasing the offense level not less than 2 
levels, for any offense in which the defendant used body armor.
  (d) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 209. PRISON COMMUNICATIONS.

  (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 2523. Exemption for communications in jails and prisons

  ``(a) In General.--This chapter and chapter 121 do not apply with 
respect to the interception by a law enforcement officer, or a person 
acting on behalf of a law enforcement officer, of any wire, oral, or 
electronic communication, or the use of a pen register, a trap and 
trace device, or a clone pager, if--
          ``(1) in the case of any wire, oral, or electronic 
        communication, at least 1 of the parties to the communication 
        is an inmate or detainee in the custody of--
                  ``(A) the Attorney General of the United States; or
                  ``(B) a State or political subdivision thereof; or
          ``(2) in the case of a pen register, a trap and trace device, 
        or a clone pager, the facility is regularly used by an inmate 
        or detainee in the custody of--
                  ``(A) the Attorney General of the United States; or
                  ``(B) a State or political subdivision thereof.
  ``(b) Regulations.--The Attorney General shall promulgate regulations 
governing interceptions described in subsection (a) in order to 
protect--
          ``(1) communications that are privileged under any privilege 
        recognized by the Supreme Court of the United States; and
          ``(2) the right to counsel guaranteed by the sixth amendment 
        to the Constitution of the United States.
  ``(c) Definition of State.--In this subsection, the term `State' 
means each of the several States of the United States, the District of 
Columbia, and the territories, commonwealths, and possessions of the 
United States.''.
  (b) Conforming Amendment.--The analysis for chapter 119 of title 18, 
United States Code, is amended by adding at the end the following:

``2523. Exemption for communications in jails and prisons.''.

SEC. 210. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

  (a) Definitions.--In this section:
          (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
          (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
          (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
  (b) High Intensity Interstate Gang Activity Areas.--
          (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                  (A) within a State; or
                  (B) in more than 1 State.
          (2) Assistance.--In order to provide Federal assistance to a 
        high intensity interstate gang activity area, the Attorney 
        General may--
                  (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                  (B) direct the detailing from any Federal department 
                or agency (subject to the approval of the head of that 
                department or agency, in the case of a department or 
                agency other than the Department of Justice) of 
                personnel to the high intensity interstate gang 
                activity area.
          (3) Criteria for designation.--In considering an area (within 
        a State or within more than 1 State) for designation as a high 
        intensity interstate gang activity area, the Attorney General 
        shall consider--
                  (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                  (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                          (i) are located in, or have relocated from, 
                        other States; or
                          (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                  (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                  (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                  (E) the extent to which a significant increase in the 
                allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                  (F) any other criteria that the Attorney General 
                considers to be appropriate.
  (c) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of fiscal years 1998 through 2002, to be 
        used in accordance with paragraph (2).
          (2) Use of funds.--Of the amounts authorized to be 
        appropriated under paragraph (1)--
                  (A) 60 percent shall be used to carry out subsection 
                (b)(2); and
                  (B) 40 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
          (3) Requirement.--
                  (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of the amounts authorized 
                under paragraph (1) are used to assist rural States 
                affected as described in subparagraphs (B) and (C) of 
                subsection (b)(3).
                  (B) Definition of rural state.--In this paragraph, 
                the term ``rural State'' has the meaning given the term 
                in section 1501(b) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796bb(b)).

SEC. 211. INCREASED RICO PENALTIES FOR GANG AND VIOLENT CRIMES.

  Section 1963(a) of title 18, United States Code, is amended by 
striking ``imprisoned not more than 20 years (or for life if the 
violation is based on a racketeering activity for which the maximum 
penalty includes life imprisonment), or both,'' and inserting 
``imprisoned not more than the greater of 20 years or the statutory 
maximum term of imprisonment (including life imprisonment) applicable 
to a racketeering activity on which the violation is based, or both,''.

SEC. 212. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
                    WITH WITNESSES, VICTIMS, OR INFORMANTS.

  Section 1512 of title 18, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                  (B) by redesignating paragraph (2) as paragraph (3);
                  (C) by inserting after paragraph (1) the following:
          ``(2) Whoever uses physical force or the threat of physical 
        force 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 amending paragraph (3)(B), as redesignated, to 
                read as follows:
          ``(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) 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.''.

SEC. 213. CLONE PAGERS.

  (a) Wire and Electronic Communications.--
          (1) Definitions.--Section 2510(12) of title 18, United States 
        Code, is amended--
                  (A) in subparagraph (C), by striking ``or'' at the 
                end;
                  (B) in subparagraph (D), by adding ``or'' at the end; 
                and
                  (C) by adding at the end the following:
                  ``(E) any communication made through a clone pager 
                (as that term is defined in section 3127).''.
          (2) Prohibition.--Section 2511(2)(h) of title 18, United 
        States Code, is amended by striking clause (i) and inserting 
        the following:
          ``(i) to use a pen register, a trap and trace device, or a 
        clone pager (as those terms are defined for the purposes of 
        chapter 206 (relating to pen registers, trap and trace devices, 
        and clone pagers)); or''.
  (b) Amendment of Chapter 206.--Chapter 206 of title 18, United States 
Code, is amended--
          (1) in the chapter heading, by striking ``AND TRAP AND TRACE 
        DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND CLONE 
        PAGERS'';
          (2) in the chapter analysis--
                  (A) by striking ``and trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, and clone pager'';
                  (B) by striking ``and trap and trace devices'' and 
                inserting ``, trap and trace devices, and clone 
                pagers''; and
                  (C) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
          (3) in section 3121--
                  (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager''; and
                  (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
          (4) in section 3122--
                  (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                  (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
          (5) in section 3123--
                  (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                  (B) by striking subsection (a) and inserting the 
                following:
  ``(a) In General.--Upon an application made under section 3122, the 
court shall enter an ex parte order authorizing the installation and 
use of a pen register or a trap and trace device within the 
jurisdiction of the court, or of a clone pager for which the service 
provider is subject to the jurisdiction of the court, if the court 
finds that the attorney for the Government or the State law enforcement 
or investigative officer has certified to the court that the 
information likely to be obtained by such installation and use is 
relevant to an ongoing criminal investigation.'';
                  (C) in subsection (b)(1)--
                          (i) in subparagraph (A), by inserting before 
                        the semicolon the following: ``, or, in the 
                        case of a clone pager, the identity, if known, 
                        of the person who is the subscriber of the 
                        paging device, the communications to which will 
                        be intercepted by the clone pager'';
                          (ii) in subparagraph (C), by inserting before 
                        the semicolon the following: ``, or, in the 
                        case of a clone pager, the number of the paging 
                        device, communications to which will be 
                        intercepted by the clone pager''; and
                          (iii) in paragraph (2), by striking ``or trap 
                        and trace device'' and inserting ``, trap and 
                        trace device, or clone pager'';
                  (D) in subsection (c), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                  (E) in subsection (d)--
                          (i) in the subsection heading, by striking 
                        ``or a Trap and Trace Device'' and inserting 
                        ``, Trap and Trace Device, or Clone Pager''; 
                        and
                          (ii) in paragraph (2), by inserting ``or the 
                        paging device, the communications to which will 
                        be intercepted by the clone pager,'' after 
                        ``attached,'';
          (6) in section 3124--
                  (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                  (B) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                  (C) by inserting after subsection (b) the following:
  ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to 
acquire and use a clone pager under this chapter, a Federal court may 
order, in accordance with section 3123(b)(2), a provider of a paging 
service or other person, to furnish to such investigative or law 
enforcement officer, all information, facilities, and technical 
assistance necessary to accomplish the operation and use of the clone 
pager unobtrusively and with a minimum of interference with the 
services that the person so ordered by the court accords the party with 
respect to whom the programming and use is to take place.'';
          (7) in section 3125--
                  (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                  (B) in subsection (a), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                  (C) by striking ``or trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, or clone pager'';
          (8) in section 3126--
                  (A) in the section heading, by striking ``and trap 
                and trace devices'' and inserting ``, trap and trace 
                devices, and clone pagers''; and
                  (B) by inserting ``or clone pagers'' after 
                ``devices''; and
          (9) in section 3127--
                  (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                  (B) by inserting after paragraph (4) the following:
          ``(5) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device;''.

          TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY

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

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
          ``(1) During the past several years, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
          ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
          ``(3) Understaffed and overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, or 
        correct youth offenders.
          ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society, because insufficient sanctions are 
        imposed on serious juvenile offenders, and because the needs of 
        children, who may be at risk of becoming delinquents are not 
        being met.
          ``(5) Existing programs and policies have not adequately 
        responded to the particular threat that drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
          ``(6) Projected demographic increases in the number of youth 
        offenders require reexamination of current prosecution and 
        incarceration policies for serious violent youth offenders and 
        crime prevention policies.
          ``(7) State and local communities that experience directly 
        the devastating failures of the juvenile justice system require 
        assistance to deal comprehensively with the problems of 
        juvenile delinquency.
          ``(8) Existing Federal programs have not provided the States 
        with necessary flexibility, nor have these programs provided 
        the coordination, resources, and leadership required to meet 
        the crisis of youth violence.
          ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to State and 
        local governments, that have become a barrier to effective 
        program coordination, responsive public safety initiatives, and 
        the provision of comprehensive services for children and youth.
          ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
          ``(11) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that status 
        offenders be deinstitutionalized. Some communities believe that 
        curfews are appropriate for juveniles, and those communities 
        should not be prohibited by the Federal Government from using 
        confinement for status offenses as a means of dealing with 
        delinquent behavior before it becomes criminal conduct.
          ``(12) Limited State and local resources are being wasted 
        complying with the unnecessary Federalmandate that no juvenile 
be detained or confined in any jail or lockup for adults, because it 
can be feasible to separate adults and juveniles in 1 facility. This 
mandate is particularly burdensome for rural communities.
          ``(13) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as comprehensive programs to reduce risk factors 
        and prevent juvenile delinquency.
          ``(14) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        philanthropic organizations, families, and the religious 
        community, can create a community environment that supports the 
        youth of the Nation in reaching their highest potential and 
        reduces the destructive trend of juvenile crime.

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

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

``SEC. 103. DEFINITIONS.

  ``In this Act:
          ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability.
          ``(2) Adult inmate.--The term `adult inmate' means an 
        individual 18 years of age or older arrested and in custody 
        for, awaiting trial on, or convicted of criminal charges or an 
        act of juvenile delinquency committed while a juvenile.
          ``(3) Construction.--The term `construction' means erection 
        of new buildings or acquisition, expansion, remodeling, and 
        alteration of existing buildings, and initial equipment of any 
        such buildings, or any combination of such activities 
        (including architects' fees but not the cost of acquisition of 
        land for buildings).
          ``(4) Sustained oral communication.--
                  ``(A) In general.--The term `sustained oral 
                communication' means oral communication that easily 
                provides an opportunity for an adult inmate orally to 
                threaten a juvenile.
                  ``(B) Exclusion.--The term does not include any 
                communication that is indirect, intermittent, or 
                incidental, and that does not allow an adult inmate 
                easily to threaten a juvenile orally.
          ``(5) Federal juvenile crime control and juvenile offender 
        accountability program.--The term `Federal juvenile crime 
        control and juvenile offender accountability program' means any 
        Federal program a primary objective of which is the reduction 
        of the incidence of arrest, the commission of criminal acts or 
        acts of delinquency, violence, the use of alcohol or illegal 
        drugs, or involvement in gangs among juveniles.
          ``(6) Indian tribe.--The term `Indian tribe' means any Indian 
        tribe, band, nation, or other organized group or community, 
        including any Alaska Native village or regional or village 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
          ``(7) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
          ``(8) Office.--The term `Office' means the Office of Juvenile 
        Crime Control and Accountability established under section 201.
          ``(9) Outcome objective.--The term `outcome objective' means 
        an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, and 
        teenage pregnancy, among youth in the community.
          ``(10) Process objective.--The term `process objective' means 
        an objective that relates to the manner in which a program or 
        initiative is carried out, including--
                  ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                  ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth.
          ``(11) Prohibited physical contact.--
                  ``(A) In general.--The term `prohibited physical 
                contact' means direct physical contact that provides an 
                opportunity for an adult inmate physically to harm a 
                juvenile, and includes placing juveniles and adult 
                inmates in the same cell.
                  ``(B) Exclusion.--The term does not include any 
                contact that is indirect, intermittent, or incidental, 
                and that does not allow an adult inmate physically to 
                harm a juvenile.
          ``(12) State.--The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Trust Territory of the Pacific Islands, the Virgin 
        Islands, Guam,American Samoa, and the Commonwealth of the 
Northern Mariana Islands.
          ``(13) State office.--The term `State office' means an office 
        designated by the chief executive officer of a State to carry 
        out this title, as provided in section 507 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
          ``(14) Treatment.--The term `treatment' includes medical and 
        other rehabilitative services designed to protect the public, 
        including any services designed to benefit addicts and other 
        users by--
                  ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                  ``(B) controlling or reducing their dependence and 
                susceptibility to addiction or use.
          ``(15) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of age.
          ``(16) Unit of local government.--The term `unit of local 
        government' means--
                  ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                  ``(B) any law enforcement district or judicial 
                enforcement district that--
                          ``(i) is established under applicable State 
                        law; and
                          ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and raise revenues;
                  ``(C) an Indian tribe which performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                  ``(D) for the purposes of assistance eligibility, any 
                agency of the government of the District of Columbia or 
                the Federal Government that performs law enforcement 
                functions in and for--
                          ``(i) the District of Columbia; or
                          ``(ii) any Trust Territory of the United 
                        States.''.

SEC. 302. NATIONAL PROGRAM.

  (a) Office of Juvenile Crime Control and Accountability.--Section 201 
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611) is amended--
          (1) in subsection (a), by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' and inserting ``Office of 
        Juvenile Crime Control and Accountability''; and
          (2) by adding at the end the following:
  ``(d) Delegation and Assignment.--
          ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                  ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of the 
                Violent and Repeat Juvenile Offender Act of 1997, to 
                such officers and employees of the Office as the 
                Administrator may designate; and
                  ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
          ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
  ``(e) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.''.
  (b) National Program.--Section 204 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to read 
as follows:

``SEC. 204. NATIONAL PROGRAM.

  ``(a) National Juvenile Crime Control and Juvenile Offender 
Accountability Plan.--
          ``(1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, and 
        shall implement overall policy and a strategy to carry out such 
        plan, for all Federal juvenile crime control and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control and the enhancement of 
        accountability by offenders within the juvenile justice system 
        in the United States.
          ``(2) Contents of plans.--
                  ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                          ``(i) contain specific, measurable goals and 
                        criteria for reducing the incidence of crime 
                        and delinquency among juveniles, improving 
                        juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                          ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control and juvenile 
                        offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                          ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, the time served by juveniles in 
                        custody, and the trends demonstrated by such 
                        data;
                          ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                          ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                          ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime and ensuring 
                        accountability for juvenile offenders.
                  ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                          ``(i) the types of offenses with which the 
                        juveniles are charged;
                          ``(ii) the ages of the juveniles;
                          ``(iii) the types of facilities used to hold 
                        the juveniles (including juveniles treated as 
                        adults for purposes of prosecution) in custody, 
                        including secure detention facilities, secure 
                        correctional facilities, jails, and lockups;
                          ``(iv) the length of time served by juveniles 
                        in custody; and
                          ``(v) the number of juveniles who died or who 
                        suffered serious bodily injury while in custody 
                        and the circumstances under which each juvenile 
                        died or suffered such injury.
                  ``(C) Definition of serious bodily injury.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury involving extreme physical pain or the 
                impairment of a function of a bodily member, organ, or 
                mental faculty that requires medical intervention such 
                as surgery, hospitalization, or physical 
                rehabilitation.
          ``(3) Annual review.--The Administrator shall annually--
                  ``(A) review each plan submitted under this 
                subsection;
                  ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                  ``(C) not later than March 1 of each year, present 
                the plans to the Committees on the Judiciary of the 
                Senate and the House of Representatives.
  ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
          ``(1) advise the President through the Attorney General as to 
        all matters relating to federally assisted juvenile crime 
        control and juvenile offender accountability programs, and 
        Federal policies regarding juvenile crime and justice, 
        including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
          ``(2) implement and coordinate Federal juvenile crime control 
        and juvenile offender accountability programs and activities 
        among Federal departments and agencies and between such 
        programs and activities and other Federal programs and 
        activities that the Administrator determines may have an 
        important bearing on the success of the entire national 
        juvenile crime control and juvenile offender accountability 
        effort including, in consultation with the Director of the 
        Office of Management and Budget listing annually those programs 
        to be considered Federal juvenile crime control and juvenile 
        accountability programs for the following fiscal year;
          ``(3) provide for the auditing of grants provided pursuant to 
        this title;
          ``(4) collect, prepare, and disseminate useful data regarding 
        the prevention, correction, and control of juvenile crime and 
        delinquency, and issue, not less frequently than once each 
        calendar year, a report on successful programs and juvenile 
        crime reduction methods utilized by States, localities, and 
        private entities;
          ``(5) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                  ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                  ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
          ``(6) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts; and
          ``(7) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title.
  ``(c) National Juvenile Crime Control and Juvenile Offender 
Accountability Budget.--
          ``(1) In general.--The Administrator, through the Attorney 
        General shall--
                  ``(A) develop for each fiscal year, with the advice 
                of the program managers of departments and agencies 
                with responsibilities for any Federal juvenile crime 
                control or juvenile offender accountability program, a 
                consolidated National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan budget proposal 
                to implement the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan; and
                  ``(B) transmit such budget proposal to the President 
                and to Congress.
          ``(2) Submission of juvenile offender accountability budget 
        request.--
                  ``(A) In general.--Each Federal Government program 
                manager, agency head, and department head with 
                responsibility for any Federal juvenile crime control 
                or juvenile offender accountability program shall, 
                through the Attorney General, submit the juvenile crime 
                control and juvenile offender accountability budget 
                request of the program, agency, or department to the 
                Administrator at the same time as such request is 
                submitted to their superiors (and before submission to 
                the Office of Management and Budget) in the preparation 
                of the budget of the President submitted to Congress 
                under section 1105(a) of title 31, United States Code.
                  ``(B) Timely development and submission.--The head of 
                each department or agency with responsibility for a 
                Federal juvenile crime control or juvenile offender 
                accountability program shall ensure timely development 
                and submission to the Administrator of juvenile crime 
                control and juvenile offender accountability budget 
                requests transmitted pursuant to this subsection, in 
                such format as may be designated by the Administrator 
                with the concurrence of the Administrator of the Office 
                of Management and Budget.
          ``(3) Review and certification.--The Administrator shall--
                  ``(A) review each juvenile crime control and juvenile 
                offender accountability budget request transmitted to 
                the Administrator under paragraph (2);
                  ``(B) certify in writing as to the adequacy of such 
                request in whole or in part to implement the objectives 
                of the National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan for the year for which the 
                request is submitted and, with respect to a request 
                that is not certified as adequate to implement the 
                objectives of the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan, include in the 
                certification an initiative or funding level that would 
                make the request adequate; and
                  ``(C) notify the program manager, agency head, or 
                department head, as applicable, regarding the 
                certification of the Administrator under subparagraph 
                (B).
          ``(4) Recordkeeping requirement.--The Administrator shall 
        maintain records regarding certifications under paragraph 
        (3)(B).
          ``(5) Funding requests.--The Administrator, through the 
        Attorney General, shall request the head of a department or 
        agency to include in the budget submission of the department or 
        agency to the Office of Management and Budget, funding requests 
        for specific initiatives that are consistent with the 
        priorities of the President for the National Juvenile Crime 
        Control and Juvenile Offender Accountability Plan and 
        certifications made pursuant to paragraph (3), and the head of 
        the department or agency shall comply with such a request.
          ``(6) Reprogramming and transfer requests.--
                  ``(A) In general.--No department or agency with 
                responsibility for a Federal juvenile crime control or 
                juvenile offender accountability program for which 
                primary implementing authority lies outside the 
                Department of Justice shall submit to Congress a 
                reprogramming or transfer request with respect to any 
                amount of appropriated amounts greater than $5,000,000 
                that is included in the National Juvenile Crime Control 
                and Juvenile Offender Accountability Plan budget unless 
                such request is first submitted to the Administrator 
                through the Attorney General and such request has been 
                approved by the Administrator.
                  ``(B) Appeal to president.--The head of any 
                department or agency with responsibility for a Federal 
                juvenile crime control or juvenile offender 
                accountability program for which primary implementing 
                authority lies outside the Department of Justice may 
                appeal to the President any disapproval by the 
                Administrator of a reprogramming or transfer request.
          ``(7) Quarterly reports.--The Administrator shall report to 
        Congress on a quarterly basis regarding the need for any 
        reprogramming or transfer of appropriated amounts for National 
        Juvenile Crime Control and Juvenile Offender Accountability 
        Plan activities.
          ``(8) Exercise of authority.--In carrying out the duties 
        under this subsection, the Administrator may exercise, through 
        the Attorney General, authority over those departments, 
        agencies, offices, bureaus, and other components of the Federal 
        Government with responsibility for a juvenile crime control or 
        juvenile offender accountability program, with respect to such 
        program.
  ``(d) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any activity 
involving any Federal juvenile crime control and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
  ``(e) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator may utilize the services and 
facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agreements, 
and to pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
  ``(f) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator shall be 
coordinated as appropriate with the functions of the Secretary of 
Health and Human Services under title III.
  ``(g) Annual Juvenile Delinquency Development Statements.--
          ``(1) In general.--The Administrator shall require through 
        appropriate authority each Federal agency that administers a 
        Federal juvenile crime control and juvenile offender 
        accountability program to submit annually to the Office a 
        juvenile crime control and juvenile offender accountability 
        development statement. Such statement shall be in addition to 
        any information, report, study, or survey that the 
        Administrator may require under subsection (d).
          ``(2) Contents.--Each development statement submitted to the 
        Administrator under paragraph (1) shall contain such 
        information, data, and analyses as the Administrator may 
        require. Such analyses shall include an analysis of the extent 
        to which the program of the Federal agency submitting such 
        development statement conforms with and furthers Federal 
        juvenile crime control and juvenile offender accountability 
        prevention and treatment goals and policies.
          ``(3) Review and comment.--
                  ``(A) In general.--The Administrator shall review and 
                comment upon each juvenile crime control and juvenile 
                offender accountability development statement 
                transmitted to the Administrator under paragraph (1).
                  ``(B) Inclusion in other documentation.--Such 
                development statement, together with the comments of 
                the Administrator, shall be included by the Federal 
                agency involved in every recommendation or request made 
                by such agency for Federal legislation that 
                significantly affects juvenile crime control and 
                juvenile offender accountability.
  ``(h) Joint Funding.--Notwithstanding any other provision of law, if 
funds are made available by more than one Federal agency to be used by 
any agency, organization, institution, or individual to carry out a 
Federal juvenile delinquency program or activity, any one of the 
Federal agencies providing funds may be requested by the Administrator 
to act for all in administering the funds advanced whenever the 
Administrator finds the program or activity to be exceptionally 
effective or for which the Administrator finds exceptional need. In 
such cases, a single non-Federal share requirement may be established 
according to the proportion of funds advanced by each Federal agency, 
and the Administrator may order any such agency to waive any technical 
grant or contract requirement (as defined in those regulations) which 
is inconsistent with the similar requirement of the administering 
agency or which the administering agency does not impose.''.

SEC. 303. JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY 
                    INCENTIVE BLOCK GRANTS.

  (a) In General.--Section 205 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5615) is amended to read as follows:

``SEC. 205. JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY 
                    INCENTIVE BLOCK GRANTS.

    ``(a) In General.--The Administrator shall make, subject to the 
availability of appropriations, grants to States to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects, directly or through grants and contracts with public and 
private agencies, for the development of more effective investigation, 
prosecution, and punishment (including the imposition of graduated 
sanctions) of crimes or acts of delinquency committed by juveniles, 
programs to improve the administration of justice for and ensure 
accountability by juvenile offenders, and programs to reduce the risk 
factors (such as truancy, drug or alcohol use, and gang involvement) 
associated with juvenile crime or delinquency.
    ``(b) Use of Grants.--Grants under this title may be used--
          ``(1) for programs to enhance the identification, 
        investigation, prosecution, and punishment of juvenile 
        offenders, such as--
                  ``(A) the utilization of graduated sanctions;
                  ``(B) the utilization of short-term confinement of 
                juvenile offenders;
                  ``(C) the incarceration of violent juvenile offenders 
                for extended periods of time; and
                  ``(D) the hiring of juvenile prosecutors, juvenile 
                public defenders, juvenile judges, juvenile probation 
                officers, and juvenile correctional officers to 
                implement policies to control juvenile crime and ensure 
                accountability of juvenile offenders;
          ``(2) for programs that require juvenile offenders to make 
        restitution to the victims of offenses committed by those 
        juvenile offenders;
          ``(3) for programs that require juvenile offenders to attend 
        and successfully complete school or vocational training as part 
        of a sentence imposed by a court;
          ``(4) for programs that require juvenile offenders who are 
        parents to demonstrate parental responsibility by working and 
        paying child support;
          ``(5) for programs that seek to curb or punish truancy;
          ``(6) for programs designed to collect, record, retain, and 
        disseminate information useful in the identification, 
        prosecution, and sentencing of juvenile offenders, such as 
        criminal history information, fingerprints, DNA tests, and 
        ballistics tests;
          ``(7) for juvenile crime control and prevention programs 
        (such as nighttime curfews, youth organizations, antidrug 
        programs, drug testing of offenders, antigang programs, and 
        after school activities) that include a rigorous, comprehensive 
        evaluation component that measures the decrease in risk factors 
        associated with the juvenile crime and delinquency and employs 
        scientifically valid standards and methodologies;
          ``(8) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and treatment of the most serious juvenile 
        offenses and offenders, popularly known as a `SHOCAP Program' 
        (Serious Habitual Offenders Comprehensive Action Program);
          ``(9) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and disruption of youth gangs;
          ``(10) for the construction or remodeling of short- and long-
        term facilities for juvenile offenders;
          ``(11) for the development and implementation of training 
        programs for juvenile crime control, for law enforcement 
        officers, judges, prosecutors, probation officers, and other 
        court personnel who are employed byState and local governments, 
in furtherance of the purposes identified in this section;
          ``(12) to provide literacy and job training to juvenile 
        offenders;
          ``(13) to provide substance abuse treatment for juvenile 
        offenders who have a substance abuse problem;
          ``(14) for units of local government, nonprofit community-
        based organizations, and colleges or universities to develop 
        and implement juvenile crime and delinquency prevention 
        programs, on the condition that the funds will not be used to 
        supplant or duplicate existing public or nonprofit programs, 
        services, or facilities, especially in rural areas; and
          ``(15) 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.
    ``(c) Requirements.--To be eligible to receive an incentive grant 
under this section, a State shall make reasonable efforts, as certified 
by the Governor, to ensure that, not later than July 1, 2000--
          ``(1) juveniles age 14 and older may be prosecuted under 
        State law as adults, for an act that would be a serious violent 
        felony (as defined by State law) if committed by an adult;
          ``(2) the State has established graduated sanctions for 
        juvenile offenders, including sanctions for violations of terms 
        of release;
          ``(3) the State, except in the case of a State for any fiscal 
        year through fiscal year 2002 that, for the 5 years preceding 
        the Federal Bureau of Investigation's Uniform Crime Reports for 
        1996, was among the 5 percent of States with the lowest 
        reported rate per 100,000 persons age 10 to 17 arrested for a 
        violent crime, as reported by the Office of Juvenile Justice 
        and Delinquency Prevention, in its National Reports on Juvenile 
        Offenders and Victims--
                  ``(A) requires that juveniles who are arrested for, 
                or charged with, a crime of violence or an act that 
                would be a felony if committed by an adult, are 
                fingerprinted and photographed, and that the 
                fingerprints, photographs, and notation of the arrest 
                of the juvenile are sent to the Federal Bureau of 
                Investigation;
                  ``(B) maintains a record relating to the adjudication 
                or disposition that is--
                          ``(i) equivalent to the record that would be 
                        kept of an adult conviction for that offense;
                          ``(ii) retained for a period of time that is 
                        equal to the period of time records are kept 
                        for adult convictions;
                          ``(iii) made available to law enforcement 
                        agencies of any jurisdiction;
                          ``(iv) made available to officials of a 
                        school, school district, or postsecondary 
                        school in which the individual who is the 
                        subject of the juvenile record seeks, intends, 
                        or is instructed to enroll, and that such 
                        officials are held liable to the same standards 
                        and penalties that law enforcement and juvenile 
                        justice system employees are held liable to, 
                        under Federal and State law for handling and 
                        disclosing such information;
                          ``(v) made available to any court having 
                        jurisdiction over such an individual, for the 
                        purpose of allowing the court to consider the 
                        entire juvenile history of the individual; and
                          ``(vi) sent to the Federal Bureau of 
                        Investigation;
          ``(4) the State will not detain or confine any juvenile who 
        is alleged to be or determined to be delinquent--
                  ``(A) in any institution in which the juvenile has 
                prohibited physical contact with adult inmates; or
                  ``(B) for a period of more than 72 hours in any 
                institution in which an adult inmate and a juvenile can 
                engage in sustained oral communication;
          ``(5) the State has established local advisory groups that 
        represent units of local government, and that--
                  ``(A) are balanced and include participants in every 
                phase of juvenile crime control, including the local 
                prosecutor, a juvenile judge, a juvenile probation 
                officer, a public defender, the sheriff, the chief of 
                police, and a juvenile correctional officer and other 
                citizens, as appointed by the chief juvenile judge of 
                the unit of local government; and
                  ``(B) will conduct a thorough assessment of the case 
                processing in juvenile court from arrest to disposition 
                and punishment and effectuate the necessary changes to 
                make the system more efficient, to more effectively 
                control juvenile crime, and to ensure the 
                accountability of juvenile offenders;
          ``(6) the State has an established policy of drug testing 
        (including followup testing) juvenile offenders upon their 
        arrest for any offense within an appropriate category of 
        offenses designated by the chief executive officer of the 
        State; and
          ``(7) amounts made available under this part to the States 
        (or units of local government in the State) will not be used to 
        supplant State or local funds (or in the case of Indian tribal 
        governments, to supplant amounts provided by the Bureau of 
        Indian Affairs) but shall be used to increase the amount of 
        funds that would in the absence of amounts received under this 
        part, be made available from a State or local source, or in the 
        case of Indian tribal governments, from amounts provided by the 
        Bureau of Indian Affairs.
    ``(d) Validity of Certain Judgments.--Nothing in this section shall 
require States, in order to qualify for grants under this title, to 
modify laws concerning the status of any adjudication of juvenile 
delinquency or judgment of conviction under the law of the State that 
entered the judgment.
    ``(e) Distribution by State Offices to Eligible Applicants.--
          ``(1) In general.--Of amounts made available to the State--
                  ``(A) not less than 35 percent shall be designated 
                for programs pursuant to subparagraphs (A), (B), and 
                (C) of subsection (b)(1) and pursuant to subsection 
                (b)(10), except that if the State approves a grant for 
                purposes of construction or remodeling of short- or 
                long-term facilities, that grant shall constitute not 
                more than 50 percent of the estimated construction or 
                remodeling cost and that no funds expended pursuant to 
                this paragraph may be used for the incarceration of 
                adult offenders and no funds expended pursuant to this 
                paragraph may be used for construction, renovation, or 
                expansion of facilities for adult offenders, except 
                that funds may be used to construct juvenile facilities 
                co-located with adult facilities, including separate 
                buildings for juveniles and separate juvenile wings, 
                cells, or areas co-located within an adult jail or 
                lockup;
                  ``(B) not less than 10 percent shall be designated 
                for the enhancement of juvenile record collection and 
                dissemination pursuant to subsection (b)(6) and 
                subsection (c)(3);
                  ``(C) not less than 15 percent shall be designated 
                for drug testing upon arrest for any offense within the 
                category of offenses designated pursuant to subsection 
                (c)(6), and intensive supervision thereafter pursuant 
                to subsections (b)(7) and (c)(6); and
                  ``(D) not less than 75 percent shall be allocated to 
                units of local government within the State, unless the 
                provisions of this subparagraph are waived at the 
                discretion of the Administrator with respect to any 
                State in which the services for delinquent or other 
                youth are organized primarily on a statewide basis.
          ``(2) Eligible applicants.--Entities eligible to receive 
        amounts distributed by the State office under this title are--
                  ``(A) units of local government;
                  ``(B) local police or sheriff's departments;
                  ``(C) State or local prosecutor's offices;
                  ``(D) State or local courts responsible for the 
                administration of justice in cases involving juvenile 
                offenders;
                  ``(E) schools;
                  ``(F) nonprofit, educational, religious, or community 
                groups active in crime prevention or drug use 
                prevention and treatment; or
                  ``(G) any combination of the entities described in 
                subparagraphs (A) through (F).
    ``(f) Application to State Office.--
          ``(1) In general.--To be eligible to receive amounts from the 
        State office, the applicant shall prepare and submit to the 
        State office an application in written form that--
                  ``(A) describes the types of activities and services 
                for which the amount will be provided;
                  ``(B) includes information indicating the extent to 
                which the activities and services achieve the purposes 
                of the title;
                  ``(C) provides for the evaluation component required 
                by section 204(b)(2), which evaluation shall be 
                conducted by an independent entity;
                  ``(D) with respect to construction funds, provides an 
                assessment of the need for detention facilities in the 
                relevant jurisdiction; and
                  ``(E) provides any other information that the State 
                office may require.
          ``(2) Priority.--In approving applications under this 
        section, the State office should give priority to those 
        applicants demonstrating coordination with, consolidation of, 
        or expansion of existing State or local juvenile crime control 
        and juvenile offender accountability programs.
    ``(g) Funding Period.--The State office may award such a grant for 
a period of not more than 3 years.
    ``(h) Renewal of Grants.--The State office may renew grants made 
under this title. After the initial grant period, in determining 
whether to renew a grant to an entity to carry out activities, the 
State office shall give substantial weight to the effectiveness of the 
activities in achieving reductions in crimes committed by juveniles and 
in improving the administration of justice to juvenile offenders.''.
    (b) Repeals; Administrative Provisions.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended by striking sections 206 and 207 and inserting the 
following:

``SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS; 
                    GRANTS TO INDIAN TRIBES.

    ``(a) Allocation of Grant Amounts.--
          ``(1) In general.--Subject to paragraph (2), amounts made 
        available under section 205 or part B shall be allocated to the 
        States as follows:
                  ``(A) 0.75 percent shall be allocated to each State.
                  ``(B) Of the total amount remaining after the 
                allocation under subparagraph (A), there shall be 
                allocated to each State an amount that bears the same 
                ratio to the amount of remaining funds described in 
                this subparagraph as the juvenile population of such 
                State bears to the juvenile population of all the 
                States.
          ``(2) Exceptions.--
                  ``(A) In general.--The amount allocated to the Virgin 
                Islands of the United States, Guam, American Samoa, the 
                Trust Territory of the Pacific Islands, and the 
                Commonwealth of the Northern Mariana Islands shall be 
                not less than $75,000 and not more than $100,000.
                  ``(B) Reductions.--In the case of a State which is 
                exempt from the requirements of sections 205(c)(3), and 
                that elects not to comply with the requirements of such 
                subparagraph, such State's allocation under this 
                paragraph shall be reduced by an amount equal to the 
                amount which such State would be required to designate 
                under section 205(e)(1)(B), or by 10 percent, whichever 
                is less.
          ``(3) Reallocation prohibited.--Any amounts appropriated but 
        not allocated due to the ineligibility or nonparticipation of 
        any State shall not be reallocated, but shall revert to the 
        Treasury at the end of the fiscal year for which they were 
        appropriated.
          ``(4) Administrative costs.--A State, unit of local 
        government, or eligible unit that receives funds under this 
        part may not use more than 0.5 percent of those funds to pay 
        for administrative costs.
          ``(5) Religious nondiscrimination.--
                  ``(A) In general.--The purpose of this paragraph is 
                to allow State and local governments to contract with 
                religious organizations, or to allow religious 
                organizations to accept certificates, vouchers, or 
                other forms of disbursement under any program described 
                in this title, on the same basis as any other 
                nongovernmental provider without impairing the 
                religious character of such organizations, and without 
                diminishing the religious freedom of beneficiaries of 
                assistance funded under such program.
                  ``(B) Nondiscrimination against religious 
                organizations.--A State or local government exercising 
                its authority to distribute grants to applicants under 
                this title shall ensure that religious organizations 
                are eligible, on the same basis as any other private 
                organization, as contractors to provide assistance, or 
                to accept certificates, vouchers, or other forms of 
                disbursement, under any program described in this 
                title, so long as the programs are implemented 
                consistent with the Establishment Clause of the 
                Constitution. Except as provided in subparagraph (J), 
                neither the Federal Government nor a State receiving 
                funds under such programs shall discriminate against an 
                organization that is or that applies to be a contractor 
                to provide assistance, or that is or that applies to be 
                a contractor to provide assistance, or that accepts 
                certificates, vouchers, or other forms of disbursement, 
                on the basis that the organization has a religious 
                character.
                  ``(C) Religious character and freedom.--
                          ``(i) Religious organizations.--A religious 
                        organization that participates in aprogram 
authorized by this title shall retain its independence from Federal, 
State, and local governments, including such organization's control 
over the definition, development, practice, and expression of its 
religious beliefs.
                          ``(ii) Additional safeguards.--Neither the 
                        Federal Government nor a State shall require a 
                        religious organization to--
                                  ``(I) alter its form of internal 
                                governance; or
                                  ``(II) remove religious art, icons, 
                                scripture, or other symbols;
                        in order to be eligible to contract to provide 
                        assistance, or to accept certificates, 
                        vouchers, or other forms of disbursements, 
                        funded under a program described in this title.
                  ``(D) Rights of beneficiaries of assistance.--If a 
                beneficiary has an objection to the religious character 
                of the organization or institution from which the 
                beneficiary receives, or would receive, assistance 
                funded under any program described in this title, the 
                State in which the individual resides shall provide 
                such individual (if otherwise eligible for such 
                assistance) within a reasonable period of time after 
                the date of such objection with assistance from an 
                alternative provider.
                  ``(E) Employment practices.--A religious 
                organization's exemption provided under section 702 of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e-1a) 
                regarding employment practices shall not be affected by 
                its participation in, or receipt of funds from, 
                programs described in this title.
                  ``(F) Nondiscrimination against beneficiaries.--
                Except as otherwise provided in law, a religious 
                organization shall not discriminate against an 
                individual in regard to rendering assistance funded 
                under any program described in this title on the basis 
                of religion, a religious belief, or refusal to actively 
                participate in a religious practice.
                  ``(G) Fiscal accountability.--
                          ``(i) In general.--Subject to clause (ii), 
                        any religious organization contracting to 
                        provide assistance funded under any program 
                        under this title shall be subject to the same 
                        regulations as other contractors to account in 
                        accord with generally accepted auditing 
                        principles for the use of such funds provided 
                        under such programs.
                          ``(ii) Limited audit.--If such organization 
                        segregates Federal funds provided under such 
                        programs into separate accounts, then only the 
                        financial assistance provided with such funds 
                        shall be subject to audit.
                  ``(H) Compliance.--Any party that seeks to enforce 
                its rights under this paragraph may assert a civil 
                action for injunctive relief exclusively in an 
                appropriate State court against the entity or agency 
                that allegedly commits such violation.
                  ``(I) Limitations on use of funds for certain 
                purposes.--No funds provided through contracts entered 
                into with institutions or organizations to provide 
                services and administer programs under this title shall 
                be expended for sectarian worship, instruction, or 
                proselytization.
                  ``(J) Preemption.--Nothing in this paragraph shall be 
                construed to preempt any provision of a State 
                constitution or State statute that prohibits or 
                restricts the expenditure of State funds in or by 
                religious organizations.
          ``(6) Restrictions on the use of amounts.--
                  ``(A) Experimentation on individuals.--
                          ``(i) In general.--No amounts made available 
                        to carry out this title may be used for any 
                        biomedical or behavior control experimentation 
                        on individuals or any research involving such 
                        experimentation.
                          ``(ii) Definition of behavior control.--In 
                        this subparagraph, the term `behavior 
                        control'--
                                  ``(I) means any experimentation or 
                                research employing methods that--
                                          ``(aa) involve a substantial 
                                        risk of physical or 
                                        psychological harm to the 
                                        individual subject; and
                                          ``(bb) are intended to modify 
                                        or alter criminal and other 
                                        antisocial behavior, including 
                                        aversive conditioning therapy, 
                                        drug therapy, chemotherapy 
                                        (except as part of routine 
                                        clinical care), physical 
                                        therapy of mental disorders, 
                                        electroconvulsive therapy, or 
                                        physical punishment; and
                                  ``(II) does not include a limited 
                                class of programs generally recognized 
                                as involving no such risk, including 
                                methadone maintenance and certain 
                                substance abuse treatment programs, 
                                psychological counseling, parent 
                                training, behavior contracting, 
                                survival skills training, restitution, 
                                or community service, if safeguards are 
                                established for the informed consent of 
                                subjects (including parents or 
                                guardians of minors).
                  ``(B) Prohibition against private agency use of 
                amounts in construction.--No amount made available to 
                any private agency or institution, or to any 
                individual, under this title (either directly or 
                through a State office) may be used for construction.
                  ``(C) Job training.--Except as provided in section 
                222(a)(8)(B)(vi) or section 205(b)(12), no amount made 
                available under this title may be used to carry out a 
                youth employment program to provide subsidized 
                employment opportunities, job training activities, or 
                school-to-work activities for participants.
                  ``(D) Lobbying.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), no amount made available under 
                        this title to any public or private agency, 
                        organization or institution, or to any 
                        individual shall be used to pay for any 
                        personal service, advertisement, telegram, 
                        telephone communication, letter, printed or 
                        written matter, or other device intended or 
                        designed to influence a Member of Congress or 
                        any other Federal, State, or local elected 
                        official to favor or oppose any Act, bill, 
                        resolution, or other legislation, or any 
                        referendum, initiative, constitutional 
                        amendment, or any other procedure of Congress, 
                        any State legislature, any local council, or 
                        any similar governing body.
                          ``(ii) Exception.--This subparagraph does not 
                        preclude the use of amounts made available 
                        under this title in connection with 
                        communications to Federal, State, or local 
                        elected officials, upon the request of such 
                        officials through proper official channels, 
                        pertaining to authorization, appropriation, or 
                        oversight measures directly affecting the 
                        operation of the program involved.
                  ``(E) Legal action.--No amounts made available under 
                this title to any public or private agency, 
                organization, institution, or to any individual, shall 
                be used in any way directly or indirectly to file an 
                action or otherwise take any legal action against any 
                Federal, State, or local agency, institution, or 
                employee.
          ``(7) Penalties.--
                  ``(A) In general.--If any amounts are used for the 
                purposes prohibited in either subparagraph (D) or (E) 
                of paragraph (6), or in violation of paragraph (5)--
                          ``(i) all funding for the agency, 
                        organization, institution, or individual at 
                        issue shall be immediately discontinued; and
                          ``(ii) the agency, organization, institution, 
                        or individual using amounts for the purpose 
                        prohibited in subparagraph (D) or (E) of 
                        paragraph (6), or in violation of paragraph 
                        (5), shall be liable for reimbursement of all 
                        amounts granted to the individual or entity for 
                        the fiscal year for which the amounts were 
                        granted.
                  ``(B) Liability for expenses and damages.--In 
                relation to a violation of paragraph (6)(E), the 
                individual filing the lawsuit or responsible for taking 
                the legal action against the Federal, State, or local 
                agency or institution, or individual working for the 
                Government, shall be individually liable for all legal 
                expenses and any other expenses of the Government 
                agency, institution, or individual working for the 
                Government, including damages assessed by the jury 
                against the Government agency, institution, or 
                individual working for the Government, and any punitive 
                damages.
  ``(b) Authorization of Appropriations.--
          ``(1) In general.--There are authorized to be appropriated to 
        carry out this title--
                  ``(A) $700,000,000 for fiscal year 1998;
                  ``(B) $700,000,000 for fiscal year 1999;
                  ``(C) $700,000,000 for fiscal year 2000;
                  ``(D) $700,000,000 for fiscal year 2001; and
                  ``(E) $700,000,000 for fiscal year 2002.
          ``(2) Allocation of appropriations.--Of amounts authorized to 
        be appropriated under paragraph (1) for each fiscal year--
                  ``(A) $500,000,000 shall be for programs under 
                section 205;
                  ``(B) $50,000,000 shall be for programs under section 
                290; and
                  ``(C) $150,000,000 shall be for other programs under 
                this title.
          ``(3) Authorization of appropriations for evaluation 
        programs.--There are authorized to be appropriated for the 
        National Institute for Juvenile Justice and Delinquency 
        Prevention for research, demonstration, and evaluation, 
        $50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        and 2002, of which $20,000,000 shall be for evaluation research 
        of primary, secondary, and tertiary juvenile delinquency 
        programs.
          ``(4) Source of sums.--Sums authorized to be appropriated 
        pursuant to this subsection may be derived from the Violent 
        Crime Reduction Trust Fund.
          ``(5) Special grants.--
                  ``(A) Indian tribes.--
                          ``(i) Reservation of funds.--Notwithstanding 
                        any other provision of law, from the amounts 
                        appropriated pursuant to paragraph (1), for 
                        each fiscal year, the Administrator shall 
                        reserve an amount equal to the amount to which 
                        all Indian tribes that qualify for a grant 
                        under subsection (d) would collectively be 
                        entitled, if such tribes were collectively 
                        treated as a State to carry out this paragraph.
                          ``(ii) Grants to indian tribes.--From the 
                        amounts reserved under clause (i), the 
                        Administrator shall make grants to Indian 
                        tribes for programs pursuant to the permissible 
                        purposes under section 205 and part B.
                          ``(iii) Applications.--To be eligible to 
                        receive a grant under this paragraph, an Indian 
                        tribe shall submit to the Administrator an 
                        application in such form and containing such 
                        information as the Administrator may by 
                        regulation require. The requirements of 
                        paragraphs (2), (3), and (5) of section 205(c) 
                        shall apply to grants under this paragraph.
                  ``(B) Technical assistance.--From the amounts 
                appropriated pursuant to paragraph (1), in each fiscal 
                year the Administrator may reserve 0.1 percent for the 
                purpose of providing technical assistance to recipients 
                of grants under this title.
          ``(6) Administration and operations.--There are authorized to 
        be appropriated for the administration and operation of the 
        Office of Juvenile Crime Control and Accountability such sums 
        as may be necessary for each of fiscal years 1998, 1999, 2000, 
        and 2001.
          ``(7) Availability of funds.--Amounts made available pursuant 
        to this subsection, and allocated pursuant to paragraph (1) in 
        any fiscal year shall remain available until expended.
  ``(c) System Support Grants.--Of amounts appropriated pursuant to 
part B, an amount not to exceed 10 percent of those amounts may be 
available for use by the Administrator to provide--
          ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 204, 205, and 221;
          ``(2) direct grant awards and other support to develop, test, 
        and demonstrate new approaches to improving the juvenile 
        justice system and reducing and abating delinquent behavior, 
        juvenile crime, and youth violence;
          ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce and abate delinquent behavior, juvenile 
        crime, and youth violence; and
          ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 204, 205, 
        and 221.
  ``(d) Grants to Indian Tribes.--
          ``(1) In general.--
                  ``(A) Plans.--As part of an application for a grant 
                under this subsection, an Indian tribe shall submit a 
                plan for conducting activities described in section 
                205(b). The plan shall--
                          ``(i) provide evidence that the Indian tribe 
                        performs law enforcement functions (as 
                        determined by the Secretary of the Interior);
                          ``(ii) identify the juvenile justice and 
                        delinquency problems and juvenile delinquency 
                        prevention needs to be addressed by activities 
                        conducted by the Indian tribe in the area under 
                        the jurisdiction of the Indian tribe with 
                        assistance provided by the grant;
                          ``(iii) provide for fiscal control and 
                        accounting procedures that--
                                  ``(I) are necessary to ensure the 
                                prudent use, proper disbursement, and 
                                accounting of funds received under this 
                                subchapter; and
                                  ``(II) are consistent with the 
                                requirements of paragraph (2); and
                          ``(iv) contain such other information, and be 
                        subject to such additional requirements, as the 
                        Administrator may reasonably prescribe to 
                        ensure the effectiveness of the grant program 
                        under this subpart.
                  ``(B) Factors for consideration.--In awarding grants 
                under this section, the Administrator shall consider--
                          ``(i) the resources that are available to 
                        each applicant that will assist, and be 
                        coordinated with, the overall juvenile justice 
                        system of the Indian tribe; and
                          ``(ii) for each Indian tribe that receives 
                        assistance under such a grant--
                                  ``(I) the relative population of 
                                individuals under the age of 18; and
                                  ``(II) who will be served by the 
                                assistance provided by the grant.
                  ``(C) Grant awards.--
                          ``(i) In general.--
                                  ``(I) Competitive awards.--Except as 
                                provided in clause (ii), the 
                                Administrator shall annually award 
                                grants under this section on a 
                                competitive basis. The Administrator 
                                shall enter into a grant agreement with 
                                each grant recipient under this 
                                subsection that specifies the terms and 
                                conditions of the grant.
                                  ``(II) Period of grant.--The period 
                                of a grant awarded under this 
                                subsection shall be 1 year.
                          ``(ii) Exception.--In any case in which the 
                        Administrator determines that a grant recipient 
                        under this section has performed satisfactorily 
                        during the preceding year in accordance with an 
                        applicable grant agreement, the Administrator 
                        may--
                                  ``(I) waive the requirement that the 
                                recipient be subject to the competitive 
                                award process described in clause (i); 
                                and
                                  ``(II) renew the grant for an 
                                additional grant period (as specified 
                                in clause (i)(II)).
                          ``(iii) Modifications of processes.--The 
                        Administrator may prescribe requirements to 
                        provide for appropriate modifications to the 
                        plan preparation and application process 
                        specified in this section for an application 
                        for a renewal grant under this subsection.
          ``(2) Reporting requirement.--Each Indian tribe that receives 
        a grant under paragraph (1) is subject to the fiscal 
        accountability provisions of section 5(f)(1) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450c(f)(1)), relating to the submission of a single-agency 
        audit report required by chapter 75 of title 31, United States 
        Code.
          ``(3) Matching requirement.--Funds appropriated by Congress 
        for the activities of any agency of an Indian tribal government 
        or the Bureau of Indian Affairs performing law enforcement 
        functions on any Indian lands may be used to provide the non-
        Federal share of any program or project with a matching 
        requirement funded under this paragraph.
          ``(4) Rule of construction.--Nothing in this subsection may 
        be construed to affect in any manner the jurisdiction of an 
        Indian tribe with respect to land or persons in Alaska.

``SEC. 207. ADMINISTRATIVE PROVISIONS.

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

SEC. 304. STATE PLANS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
          (1) in part B--
                  (A) in section 221, by striking ``units of general 
                local government'' each place that term appears and 
                inserting ``units of local government'';
                  (B) in section 221(b)--
                          (i) in paragraph (1)--
                                  (I) by striking ``section 223'' and 
                                inserting ``section 222''; and
                                  (II) by striking ``section 223(c)'' 
                                and inserting ``section 222(c)''; and
                          (ii) in paragraph (2), by striking ``section 
                        299(c)(1)'' and inserting ``section 
                        222(a)(1)''; and
                  (C) by striking sections 222 and 223 and inserting 
                the following:

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(b)(2)(A), for carrying out its purposes applicable to a 3-year period. 
The State shall submit annual performance reports to the Administrator, 
each of which shall describe progress in implementing programs 
contained in the original plan, and shall describe the status of 
compliance with State plan requirements. In accordance with regulations 
that the Administrator shall prescribe, such plan shall--
          ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
          ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
          ``(3) provide for the active consultation with and 
        participation of units of local government, or combinations 
        thereof, in the development of a State plan that adequately 
        takes into account the needs and requests of local governments, 
        except that nothing in the plan requirements, or any 
        regulations promulgated to carry out such requirements, shall 
        be construed to prohibit or impede the State from making grants 
        to, or entering into contracts with, local private agencies, 
        including religious organizations;
          ``(4) provide that the chief executive officer of the unit of 
        local government shall assign responsibility for the 
        preparation and administration of the unit of local 
        government's part of a State plan, or for the supervision of 
        the preparation and administration of the local government's 
        part of the State plan, to that agency within the unit of local 
        government's structure or to a regional planning agency (in 
        this part referred to as the `local agency') which can most 
        effectively carry out the purposes of this part and shall 
        provide for supervision of the programs funded under this part 
        by that local agency;
          ``(5)(A) provide for--
                  ``(i) an analysis of juvenile crime problems 
                (including the joining of gangs that commit crimes) and 
                juvenile justice and delinquency prevention needs 
                (including educational needs) within the relevant 
                jurisdiction (including any geographical area in which 
                an Indian tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                jurisdiction;
                  ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                  ``(iii) a plan for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                delinquency programs with respect to overall policy and 
                development of objectives and priorities for all State 
                juvenile delinquency programs and activities, including 
                provision for regular meetings of State officials with 
                responsibility in the area of juvenile justice and 
                delinquency prevention;
          ``(B) contain--
                  ``(i) an analysis of services for the prevention and 
                treatment of juvenile delinquency in rural areas, 
                including the need for such services, the types of such 
                services available in rural areas, and geographically 
                unique barriers to providing such services; and
                  ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
          ``(C) contain--
                  ``(i) an analysis of mental health services available 
                to juveniles in the juvenile justice system (including 
                an assessment of the appropriateness of the particular 
                placements of juveniles in order to receive such 
                services) and of barriers to access to such services; 
                and
                  ``(ii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
          ``(6) provide for the active consultation with and 
        participation of private agencies in the development and 
        execution of the State plan; and provide for coordination and 
        maximum utilization of existing juvenile delinquency programs 
        and other related programs, such as education, special 
        education, recreation, health, and welfare within the State;
          ``(7) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
          ``(8) provide that, of the funds made available to the State 
        pursuant to grants under section 221, whether expended directly 
        by the State, by the unit of local government, or by a 
        combination thereof, or through grants and contracts with 
        public or private nonprofit agencies--
                  ``(A) not less than 40 percent shall be used for 
                programs that, in recognition of varying degrees of the 
                seriousness of delinquent behavior and the 
                corresponding gradations in the responses of the 
                juvenile justice system in response to that behavior, 
                are designed to--
                          ``(i) implement an accountability-based 
                        juvenile justice system that provides 
                        substantial and appropriate sanctions, that are 
                        graduated to reflect the severity or repeated 
                        nature of violations, for each delinquent or 
                        criminal act;
                          ``(ii) encourage courts to develop and 
                        implement a continuum of post-adjudication 
                        restraints that bridge the gap between 
                        traditional probation and confinement in a 
                        correctional setting (including expanded use of 
                        probation, mediation, restitution, community 
                        service, treatment, home detention, intensive 
                        supervision, electronic monitoring, boot camps 
                        and similar programs, and secure community-
                        based treatment facilities linked to other 
                        support services such as health, mental health, 
                        education (remedial and special), job training, 
                        and recreation); and
                          ``(iii) assist in the provision by the 
                        Administrator of information and technical 
                        assistance, including technology transfer, to 
                        States in the design and utilization of risk 
                        assessment mechanisms to aid juvenile justice 
                        personnel in determining appropriate sanctions 
                        for delinquent behavior; and
                  ``(B) not less than 35 percent shall be used for--
                          ``(i) community-based alternatives (including 
                        home-based alternatives) to incarceration and 
                        institutionalization, specifically--
                                  ``(I) for youth who can remain at 
                                home with assistance, home probation 
                                and programs providing professional 
                                supervised group activities or 
                                individualized mentoring relationships 
                                with adults that involve the family and 
                                provide counseling and other supportive 
                                services;
                                  ``(II) for youth who need temporary 
                                placement, crisis intervention, 
                                shelter, and after-care; and
                                  ``(III) for youth who need 
                                residential placement, a continuum of 
                                foster care or group home alternatives 
                                that provide access to a comprehensive 
                                array of services;
                          ``(ii) community-based programs and services 
                        to work with--
                                  ``(I) parents and other family 
                                members to strengthen families, 
                                including parent self-help groups, so 
                                that juveniles may be retained in their 
                                homes;
                                  ``(II) juveniles during their 
                                incarceration, and with their families, 
                                to ensure the safe return of such 
                                juveniles to their homes and to 
                                strengthen the families; and
                                  ``(III) parents with limited-English 
                                speaking ability, particularly in areas 
                                where there is a large population of 
                                families with limited-English speaking 
                                ability;
                          ``(iii) comprehensive juvenile justice and 
                        delinquency prevention programs that meet the 
                        needs of youth through the collaboration of the 
                        many local systems before which a youth may 
                        appear, including schools, courts, law 
                        enforcement agencies, child protection 
                        agencies, mental health agencies, welfare 
                        services, health care agencies, and private 
                        nonprofit agencies offering youth services;
                          ``(iv) expanded use of home probation and 
                        recruitment and training of home probation 
                        officers, other professional and 
                        paraprofessional personnel, and volunteers to 
                        work effectively to allow youth to remain at 
                        home with their families as an alternative to 
                        incarceration or institutionalization;
                          ``(v) youth-initiated outreach programs 
                        designed to assist youth (including youth with 
                        limited proficiency in English) who otherwise 
                        would not be reached by traditional youth 
                        assistance programs;
                          ``(vi) programs designed to develop and 
                        implement projects relating to juvenile 
                        delinquency and learning disabilities, 
                        including on-the-job training programs to 
                        assist community services, law enforcement, and 
                        juvenile justice personnel to more effectively 
                        recognize and provide for learning disabled and 
                        other handicapped youth;
                          ``(vii) projects designed both to deter 
                        involvement in illegal activities and to 
                        promote involvement in lawful activities on the 
                        part of gangs whose membership is substantially 
                        composed of youth;
                          ``(viii) programs and projects designed to 
                        provide for the treatment of youths' dependence 
                        on or abuse of alcohol or other addictive or 
                        nonaddictive drugs;
                          ``(ix) programs designed to prevent and 
                        reduce hate crimes committed by juveniles, 
                        including educational programs and sentencing 
                        programs designed specifically for juveniles 
                        who commit hate crimes and that provide 
                        alternatives to incarceration; and
                          ``(x) programs (including referral to 
                        literacy programs and social service programs) 
                        to assist families with limited-English 
                        speaking ability that include delinquent 
                        juveniles to overcome language and cultural 
                        barriers that may prevent the complete 
                        treatment of such juveniles and the 
                        preservation of their families;
          ``(9) provide that the State shall not detain or confine 
        juveniles who are alleged to be or determined to be delinquent 
        in any institution in which the juvenile has prohibited 
        physical contact with adult inmates, or detain or confine any 
        such juvenile for a period of more than 72 hours in any 
        institution in which an adult inmate and a juvenile can engage 
        in sustained oral communication;
          ``(10)(A) provide that juveniles described in subparagraph 
        (B)--
                  ``(i) shall not be confined in any jail, lockup, or 
                other facility for adults for more than 24 hours, 
                excluding weekends and holidays; and
                  ``(ii) shall not be placed in a secure detention 
                facility or secure correctional facility--
                          ``(I) if such a juvenile is a dependent, 
                        abused, or neglected child, or an alien 
                        juvenile in custody;
                          ``(II) except that juveniles who are runaways 
                        may be placed in a secure detention or secure 
                        correctional facility for up to 14 days if, 
                        following a hearing not later than 24 hours 
                        after such a juvenile is taken into custody, 
                        excluding weekends and holidays, the court 
                        makes a written finding that--
                                  ``(aa) the behavior of the juvenile 
                                constitutes a clear and present danger 
                                to the physical or emotional well-being 
                                of the youth;
                                  ``(bb) secure detention is necessary 
                                for guarding the safety of the 
                                juvenile; and
                                  ``(cc) the juvenile's detention is 
                                for a period that is not longer than 
                                necessary to obtain a suitable 
                                placement for the juvenile; and
                          ``(III) except that juveniles not described 
                        in subclause (I) or (II) may be placed in a 
                        secure detention or secure correctional 
                        facility for up to 72 hours, if, following a 
                        hearing not later than 24 hours after the 
                        juvenile is taken into custody, excluding 
                        weekends and holidays, the court makes written 
                        findings setting forth--
                                  ``(aa) the reasons the court believes 
                                secure detention is necessary; and
                                  ``(bb) the reasons the court believes 
                                other sanctions, placement, or 
                                interventions are inadequate; and
          ``(B) juveniles described in this subparagraph are--
                  ``(i) juveniles charged with, or who have committed, 
                an offense that would not be criminal if committed by 
                an adult, excluding--
                          ``(I) juveniles who are charged with, or who 
                        have committed, a violation of section 922(x) 
                        of title 18, United States Code, or of a 
                        similar State law; and
                          ``(II) juveniles who are charged with, or who 
                        have committed, a violation of a valid court 
                        order; and
                  ``(ii) juveniles--
                          ``(I) who are not charged with any offense; 
                        and
                          ``(II) who are--
                                  ``(aa) aliens; or
                                  ``(bb) alleged to be dependent, 
                                neglected, or abused;
          ``(11) provide assurances that youth in the juvenile justice 
        system are treated equitably on the basis of gender, race, 
        family income, and mentally, emotionally, or physically 
        handicapping conditions;
          ``(12) provide assurances that consideration will be given to 
        and that assistance will be available for approaches designed 
        to strengthen the families of delinquent and other youth to 
        prevent juvenile delinquency (which approaches should include 
        the involvement of grandparents or other extended family 
        members when possible and appropriate and the provision of 
        family counseling during the incarceration of juvenile family 
        members and coordination of family services when appropriate 
        and feasible);
          ``(13) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
          ``(14) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
          ``(15) provide reasonable assurances that Federal funds made 
        available under this part for any period shall be so used as to 
        supplement and increase (but not supplant) the level of the 
        State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
          ``(16) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of State and local needs, that the agency considers 
        necessary;
          ``(17) require that the State or each unit of local 
        government that is a recipient of amounts under this part 
        spends those amounts, to the extent feasible, in proportion to 
        the amount of juvenile crime committed within each relevant 
        sector of the relevant geographic region;
          ``(18) provide assurances that any assistance provided under 
        this act will not cause the displacement (including a partial 
        displacement, such as a reduction in the hours of nonovertime 
        work, wages, or employment benefits) of any employee who is a 
        current employee at the time that the assistance is provided; 
        and
          ``(19) require that the State or each unit of local 
        government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any person not having attained the age of 18 
        be tested for the presence of any sexually transmitted disease 
        and that the results ofsuch test be provided to the victim or 
to the family of the victim as well as to any court or other government 
agency with primary authority for sentencing the person convicted for 
the commission of the sexual act or sexual contact (as those terms are 
defined in paragraphs (2) and (3), respectively, of section 2246 of 
title 18, United States Code) involving a person not having attained 
the age of 18.
The failure to comply with paragraph (19) within a reasonable amount of 
time after the date of enactment of the Violent and Repeat Juvenile 
Offender Act of 1997 shall result in the loss of 10 percent of the 
funds to which the State or each unit of local government that is a 
recipient of amounts under this part is otherwise entitled.
  ``(b) Approval by State Agency.--
          ``(1) State agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to the 
        Administrator.
          ``(2) State advisory group.--
                  ``(A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as the 
                `State Advisory Group', consisting of representatives 
                from both the private and public sector. The State 
                shall ensure that members of the State Advisory Group 
                shall have experience in the area of juvenile 
                delinquency prevention, the prosecution of juvenile 
                offenders, the treatment of juvenile delinquency, the 
                investigation of juvenile crimes, or the administration 
                of juvenile justice programs. The chairperson of the 
                State Advisory Group shall not be a full-time employee 
                of the Federal Government or the State government.
                  ``(B) Consultation.--
                          ``(i) In general.--The State shall consult 
                        with the State Advisory Group established under 
                        subparagraph (A) in developing and reviewing 
                        the State plan under this section.
                          ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of the State on an annual basis 
                        regarding recommendations related to the 
                        State's compliance under this section.
                  ``(C) Funding.--The State is authorized to make 
                available to the State Advisory Group such sums as may 
                be necessary to assist the State Advisory Group in 
                adequately performing its duties under this paragraph.
  ``(c) Approval by Administrator; Compliance With Statutory 
Requirements.--
          ``(1) In general.--The Administrator shall approve any State 
        plan and any modification thereof that meets the requirements 
        of this section.
          ``(2) Reduced allocations.--If a State fails to comply with 
        any requirement of subsection (a)(9) in any fiscal year 
        beginning after January 1, 1998, the State shall be ineligible 
        to receive any allocation under that section for such fiscal 
        year unless--
                  ``(A) the State agrees to expend all the remaining 
                funds the State receives under this part for that 
                fiscal year only to achieve compliance with such 
                paragraph; or
                  ``(B) the Administrator determines, in the discretion 
                of the Administrator, that the State--
                          ``(i) has achieved substantial compliance 
                        with such paragraph; and
                          ``(ii) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance within 
                        a reasonable time.'';
          (2) by striking parts E and F, and each part designated as 
        part I (including the part redesignated as part I by section 
        2(i)(1)(A) of Public Law 102-586 and the part added and 
        designated as part I pursuant to section 2(i)(1)(C) of such 
        Act);
          (3) by redesignating part G as part E;
          (4) in section 241--
                  (A) in subsection (a), by striking ``Juvenile Justice 
                and Delinquency Prevention Office'' and inserting 
                ``Office of Juvenile Crime Control and 
                Accountability'';
                  (B) in subsection (d)--
                          (i) in paragraph (1), by striking ``and'' at 
                        the end;
                          (ii) by redesignating paragraph (2) as 
                        paragraph (4);
                          (iii) in paragraph (4), as redesignated--
                                  (I) by striking ``education personnel 
                                recreation'' and inserting ``education 
                                personnel, recreation''; and
                                  (II) by striking ``park personnel,,'' 
                                and inserting ``park personnel,''; and
                          (iv) by inserting after paragraph (1) the 
                        following:
          ``(2) for the rigorous and independent evaluation of the 
        delinquency and youth violence prevention programs funded under 
        this title;
          ``(3) funding for research and demonstration projects on the 
        nature, causes, and prevention of juvenile violence and 
        juvenile delinquency; and'';
                  (C) in subsection (e)--
                          (i) in paragraph (4), by adding ``and'' at 
                        the end;
                          (ii) in paragraph (5), by striking ``; and'' 
                        and inserting a period; and
                          (iii) by striking paragraph (6); and
                  (D) by striking subsection (f) and inserting the 
                following:
  ``(f) Duties of the Institute.--
          ``(1) In general.--The Institute shall make grants and enter 
        into contracts for the purposes of evaluating programs 
        established and funded with State formula grants, research and 
        demonstration projects funded by the National Institute of 
        Juvenile Justice and Delinquency, and discretionary funding of 
        the Office of Juvenile Crime Control and Accountability.
          ``(2) Requirements.--Evaluations and research studies funded 
        by the Institute shall--
                  ``(A) be independent in nature;
                  ``(B) be awarded competitively; and
                  ``(C) employ rigorous and scientifically recognized 
                standards and methodologies, including peer review by 
                nonapplicants.'';
          (5) in section 243(a)--
                  (A) in paragraph (1), by striking ``seek to 
                strengthen and preserve families or which'';
                  (B) in paragraph (3)--
                          (i) by redesignating clauses (i) and (ii) as 
                        subparagraphs (A) and (B), respectively; and
                          (ii) in subparagraph (B), as so designated, 
                        by inserting ``best practices of'' before 
                        ``information and technical assistance'';
                  (C) in paragraph (4)--
                          (i) by striking ``Encourage'' and inserting 
                        ``encourage''; and
                          (ii) by striking ``take into consideration'' 
                        and all that follows before the semicolon and 
                        inserting the following: ``through control and 
                        incarceration, if necessary, provide 
                        therapeutic intervention such as providing 
                        skills'';
                  (D) by striking the second paragraph designated as 
                paragraph (5) (as added by section 2(g)(3) of Public 
                Law 102-586);
                  (E) by striking paragraphs (6) and (7) and inserting 
                the following:
          ``(6) prepare, in cooperation with education institutions, 
        with Federal, State, and local agencies, and with appropriate 
        individuals and private agencies, such studies as it considers 
        to be necessary with respect to prevention of and intervention 
        with juvenile violence and delinquency and the improvement of 
        juvenile justice systems, including--
                  ``(A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                  ``(B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs designed to 
                prevent youth violence and juvenile delinquency;
                  ``(C) studies of the extent, nature, risk, and 
                protective factors, and causes of youth violence and 
                juvenile delinquency;
                  ``(D) comparisons of youth adjudicated and treated by 
                the juvenile justice system compared to juveniles 
                waived to and adjudicated by the adult criminal justice 
                system (including incarcerated in adult, secure 
                correctional facilities);
                  ``(E) recommendations with respect to effective and 
                ineffective primary, secondary, and tertiary prevention 
                interventions, including for which juveniles, and under 
                what circumstances (including circumstances connected 
                with the staffing of the intervention), prevention 
                efforts are effective and ineffective; and
                  ``(F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding pretrial 
                detention;'';
                  (F) by redesignating paragraphs (8) and (9) as 
                paragraphs (7) and (8), respectively;
                  (G) in paragraph (8), as redesignated, by adding 
                ``and'' at the end; and
                  (H) by striking paragraphs (10) through (13) and 
                redesignating paragraph (14) as paragraph (9);
          (6) in section 243(b)--
                  (A) in paragraph (1), by striking ``and'' at the end;
                  (B) in paragraph (2)--
                          (i) by striking ``subsection (a)(9)'' and 
                        inserting ``subsection (a)(8)''; and
                          (ii) by striking the period at the end and 
                        inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(3) regular reports on the record of each State on 
        objective measurements of youth violence, such as the number, 
        rate, and trend of homicides committed by youths.'';
          (7) by striking sections 244 through 248 and inserting the 
        following:

``SEC. 244. REPORT ON STATUS OFFENDERS.

  ``The National Institute of Juvenile Justice and Delinquency 
Prevention shall conduct a study on the effect of incarceration on 
status offenders compared to similarly situated individuals who are not 
placed in secure detention in terms of the continuation of their 
inappropriate or illegal conduct, delinquency, or future criminal 
behavior, and evaluating the safety of status offenders placed in 
secure detention. The study shall be completed not later than September 
1, 2002. Copies of the report shall be provided to the Chairmen and 
Ranking Members of the Committees on the Judiciary of the Senate and 
the House of Representatives.'';
          (8) by striking the heading for subpart II of part C of title 
        II;
          (9) by striking section 261 and redesignating section 262 as 
        section 245;
          (10) in section 245, as redesignated--
                  (A) by striking ``this part'' each place that term 
                appears and inserting ``section 243'';
                  (B) in subsection (b)--
                          (i) in paragraph (4), by adding ``and'' at 
                        the end; and
                          (ii) by striking paragraphs (5) through (7) 
                        and redesignating paragraph (8) as paragraph 
                        (5);
                  (C) by striking subsection (c) and inserting the 
                following:
    ``(c) Factors for Consideration.--In determining whether or not to 
approve applications for grants and for contracts under this part, the 
Administrator shall consider--
          ``(1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control groups, 
        psychometrically sound measurement, and appropriate data 
        analysis techniques;
          ``(2) the experience of the principal and co-principal 
        investigators in the area of youth violence and juvenile 
        delinquency;
          ``(3) the protection offered human subjects in the study, 
        including informed consent procedures; and
          ``(4) the cost-effectiveness of the proposed project.'';
                  (D) in subsection (d)--
                          (i) in paragraph (1)(A), by striking ``(other 
                        than section 241(f))'';
                          (ii) in paragraph (1)(B)--
                                  (I) in clause (i), by striking ``; 
                                or'' and inserting a period;
                                  (II) by striking clause (ii); and
                                  (III) by striking ``process--'' and 
                                all that follows through ``with respect 
                                to programs'' and inserting ``process 
                                with respect to programs''; and
                          (iii) in paragraph (2)--
                                  (I) by striking subparagraph (A) and 
                                inserting the following:
                  ``(A) Programs selected for assistance through grants 
                and contracts under this part shall be selected after a 
                competitive process that provides potential grantees 
                and contractors with not less than 90 days to submit 
                applications for funds. Applications for funds shall be 
                reviewed through a formal peer review process by 
                qualified scientists with expertise in the fields of 
                criminology, juvenile delinquency, sociology, 
                psychology, research methodology, evaluation research, 
                statistics, and related areas. The peer review process 
                shall conform to the process used by the National 
                Institutes of Health, the National Institute of 
                Justice, or the National Science Foundation''; and
                                  (II) in subparagraph (B), by striking 
                                ``Committee on Education and Labor'' 
                                and inserting ``Committee on the 
                                Judiciary''; and
          (11) in section 282--
                  (A) by inserting the following section heading:
                              ``grants'';
                  (B) in subsection (a)(2), by striking ``enforcement'' 
                and all that follows through ``members'' and inserting 
                ``the disruption and prosecution of gangs''; and
                  (C) in subsection (b)--
                          (i) by redesignating paragraphs (1) through 
                        (6) as paragraphs (2) through (7), 
                        respectively; and
                          (ii) by inserting before paragraph (2), as 
                        redesignated, the following:
          ``(1) the hiring of additional State and local prosecutors, 
        and the establishment and operation of programs, including 
        multijurisdictional task forces, for the disruption and 
        prosecution of gangs and gang members;'';
          (12) in section 282A, by adding at the end the following:
  ``(d) Priority.--In approving grants under this part, the 
Administrator shall give priority to grants for programs conducted 
pursuant to subsections (a)(2) and (b)(1) of section 282.''; and
          (13) by redesignating part H as part F.

SEC. 305. GRANTS TO PROSECUTORS.

  The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601) is amended by inserting after part F, as redesignated by 
section 304, the following:

 ``PART G--GRANTS TO PROSECUTORS AND COURTS FOR STATE JUVENILE JUSTICE 
                                SYSTEMS

``SEC. 290. GRANT AUTHORITY.

  ``(a) In General.--The Administrator may make grants in accordance 
with this part to States and units of local government to assist--
          ``(1) State and local prosecutors having jurisdiction over 
        juvenile offender cases; and
          ``(2) State and local courts with juvenile offender dockets.
  ``(b) Grant Purposes.--Subject to subsection (c), grants under this 
part may be used--
          ``(1) to hire additional prosecutors, together with necessary 
        support staff, for the prosecution of crimes and acts of 
        delinquency committed by juveniles and interstate criminal gang 
        activity, such as illegal drug trafficking;
          ``(2) to provide funding to enable juvenile prosecutors to 
        address drug, gang, and youth violence programs more 
        effectively;
          ``(3) for technology, equipment, and training for prosecutors 
        to--
                  ``(A) implement an accountability-based juvenile 
                justice system that provides substantial and 
                appropriate sanctions that are graduated in such manner 
                as to reflect (for each delinquent act or criminal 
                offense) the severity or repeated nature of that act or 
                offense; and
                  ``(B) prosecute juvenile violent offenders;
          ``(4) to hire, for juvenile courts or adult courts with 
        juvenile offender dockets, additional judges, probation 
        officers, other necessary court personnel, victims counselors, 
        and public defenders; and
          ``(5) to provide funding to enable juvenile courts and 
        juvenile probation officers to address drug, gang, and youth 
        violence problems more effectively.
  ``(c) Restriction.--Of amounts received by a State or unit of local 
government under this part, not more than 25 percent may be used for 
the purposes specified in paragraphs (4) and (5) of subsection (b).

``SEC. 290A. APPLICATION.

  ``(a) In General.--Each State or unit of local government that 
applies for a grant under this part shall submit an application to the 
Administrator, in such form and containing such information as the 
Administrator may by regulation reasonably require.
  ``(b) Requirements.--In submitting an application for a grant under 
this part, a State or unit of local government shall provide assurances 
that the State or unit of local government will--
          ``(1) give priority to the prosecution of violent juvenile 
        offenders;
          ``(2) seek and impose substantial and appropriate sanctions 
        for the earliest acts of delinquency or for crimes committed by 
        juveniles, in order to deter future violations;
          ``(3) give adequate consideration to the rights and needs of 
        victims of juvenile offenders; and
          ``(4) use amounts received under this part to supplement (and 
        not supplant) State and local resources.

``SEC. 290B. ALLOCATION OF GRANTS.

  ``(a) Allocation of Grants.--
          ``(1) In general.--
                  ``(A) Allocation to states.--
                          ``(i) In general.--In awarding grants under 
                        this part, the Administrator may award grants 
                        provided for a State (including units of local 
                        government in that State) an aggregate amount 
                        equal to 0.75 percent of the amount made 
                        available to the Administrator by 
                        appropriations made pursuant to section 
                        206(b)(2) (reduced by amounts reserved under 
                        subsection (b)).
                          ``(ii) Adjustment.--If the Administrator 
                        determines that an insufficient number of 
                        applications have been submitted for a State, 
                        the Administrator may adjust the aggregate 
                        amount awarded for a State under clause (i).
                  ``(B) Remaining amounts.--Of the adjusted amounts 
                available to the Administrator to carry out the grant 
                program under this section referred to in subparagraph 
                (A) that remain after the Administrator distributes the 
                amounts specified in that subparagraph (referred to in 
                this subparagraph as the `remaining amount') the 
                Administrator may award an additional aggregate amount 
                to each State (including any political subdivision 
                thereof) that (or with respect to which a political 
                subdivision thereof) submits an application that is 
                approved by the Administrator under this section that 
                bears the same ratio to the remaining amount as the 
                population of juveniles residing in that State bears to 
                the population of juveniles residing in all States.
          ``(2) Equitable distribution.--The Administrator shall ensure 
        that the distribution of grant amounts made available for a 
        State (including units of local government in that State) under 
        this section is made on an equitable geographic basis, to 
        ensure that--
                  ``(A) an equitable amount of available funds are 
                directed to rural areas, including those jurisdictions 
                serving smaller urban and rural communities located 
                along interstate transportation routes that are 
                adversely affected by interstate criminal gang 
                activity, such as illegal drug trafficking; and
                  ``(B) the amount allocated to a State is equitably 
                divided between the State, counties, and other units of 
                local government to reflect the relative 
                responsibilities of each such unit of local government.
  ``(b) Administration; Technical Assistance.--
          ``(1) In general.--The Administrator may reserve for each 
        fiscal year not more than 2 percent of amounts appropriated 
        pursuant to section 206(b)(2)(B)--
                  ``(A) for the administration of this part; and
                  ``(B) for the provision of technical assistance to 
                recipients of or applicants for grant awards under this 
                part.
          ``(2) Carryover provision.--Any amounts reserved for any 
        fiscal year pursuant to paragraph (1) that are not expended 
        during that fiscal year shall remain available until expended, 
        except that any amount reserved under this subsection for the 
        succeeding fiscal year from amounts made available by 
        appropriations shall be reduced by an amount equal to the 
        amount that remains available.
  ``(c) Availability of Funds.--Any grant amounts awarded under this 
part shall remain available until expended.''.

SEC. 306. RUNAWAY AND HOMELESS YOUTH.

  (a) In General.--Section 372(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)) is amended by 
striking ``unit of general local government'' and inserting ``unit of 
local government''.
  (b) Authorization of Appropriations.--Section 385 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751) is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1998 and such sums as may be 
                necessary for each of fiscal years 1999, 2000, 2001, 
                and 2002''; and
                  (B) in paragraph (3), by striking subparagraphs (A) 
                through (D) and inserting the following:
          ``(A) for fiscal year 1998, not less than $957,285;
          ``(B) for fiscal year 1999, not less than $1,005,150;
          ``(C) for fiscal year 2000, not less than $1,055,406;
          ``(D) for fiscal year 2001, not less than $1,108,177; and
          ``(E) for fiscal year 2002, not less than $1,163,585.'';
          (2) in subsection (b), by striking ``1993 and such sums as 
        may be necessary for fiscal years 1994, 1995, and 1996'' and 
        inserting ``1998 and such sums as may be necessary for each of 
        fiscal years 1999, 2000, 2001, and 2002''; and
          (3) in subsection (c), by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

  Title IV of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5771 et seq.) is amended--
          (1) in section 403, by striking paragraph (2) and inserting 
        the following:
          ``(2) the term `Administrator' means the Administrator of the 
        Office of Juvenile Crime Control and Accountability.'';
          (2) in section 404--
                  (A) by redesignating subsection (c) as subsection 
                (d); and
                  (B) in subsection (b)--
                          (i) by striking ``The Administrator'' and all 
                        that follows through ``shall--'' and insert the 
                        following: ``The Administrator shall make 
                        grants to or enter into contracts with the 
                        National Center for Missing and Exploited 
                        Children, for purposes of--'';
                          (ii) in paragraph (1)--
                                  (I) in subparagraph (A), by striking 
                                ``establish and operate'' and inserting 
                                ``providing''; and
                                  (II) in subparagraph (B), by adding 
                                ``and'' at the end;
                          (iii) in paragraph (2)--
                                  (I) by striking ``establish and 
                                operate'' and inserting ``operating'';
                                  (II) in subparagraph (A), by 
                                inserting ``foreign governments,'' 
                                after ``State and local governments,''; 
                                and
                                  (III) in subparagraph (D)--
                                          (aa) by inserting ``foreign 
                                        governments,'' after ``State 
                                        and local governments,''; and
                                          (bb) by striking ``; and'' at 
                                        the end and inserting a period;
                          (iv) in paragraph (3), by striking ``(3) 
                        periodically'' and inserting the following:
  ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
          ``(1) periodically''; and
                          (v) in subsection (c), as so designated, by 
                        redesignating paragraph (4) as paragraph (2);
          (3) in section 405(a), by inserting ``the National Center for 
        Missing and Exploited Children and with'' before ``public 
        agencies''; and
          (4) in section 408, by striking ``2001'' and inserting 
        ``2002''.

SEC. 308. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

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

SEC. 309. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
                    JUVENILE CRIME REDUCTION STRATEGIES.

  (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
          (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (in this section referred to as the ``program'') 
        to encourage and support communities who adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
          (2) Program.--In carrying out the program, the Attorney 
        General shall--
                  (A) make and track grants to grant recipients (in 
                this section referred to as ``coalitions'');
                  (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                  (C) provide for the general administration of the 
                program.
          (3) Administration.--Not later than 30 days after the date of 
        enactment of this Act, the Attorney General shall appoint an 
        Administrator (in this section referred to as the 
        ``Administrator'') to carry out the program.
          (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                  (A) Composition.--The coalition shall consist of 1 or 
                more representatives of--
                          (i) the local police department or sheriff's 
                        department;
                          (ii) the local prosecutors' office;
                          (iii) the United States Attorney's office;
                          (iv) the Federal Bureau of Investigation;
                          (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                          (vi) State or local probation officers;
                          (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                          (viii) schools;
                          (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups; and
                          (x) social service agencies involved in crime 
                        prevention.
                  (B) Other participants.--If possible, in addition to 
                the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                          (i) representatives from the business 
                        community; and
                          (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                  (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                          (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                          (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
                        departments, prosecutors, and local community 
                        leaders to focus on the suppression of violent 
                        juvenile crime involving gangs;
                          (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                          (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                          (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                  (D) Accountability.--A coalition shall--
                          (i) establish a system to measure and report 
                        outcomes consistent with common indicators and 
                        evaluation protocols established by the 
                        Administrator and which receives the approval 
                        of the Administrator; and
                          (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
                        evaluated on a regular basis to assess progress 
                        in reducing violent juvenile crime.
          (5) Grant amounts.--
                  (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                  (B) Nonsupplanting requirement.--A coalition seeking 
                funds shall provide reasonable assurances that funds 
                made available under this program to States or units of 
                local government shall be so used as to supplement and 
                increase (but not supplant) the level of the State, 
                local, and other non-Federal funds that would in the 
                absence of such Federal funds be made available for 
                programs described in this section, and shall in no 
                event replace such State, local, or other non-Federal 
                funds.
                  (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice tothe grant recipient and an 
opportunity to appeal.
                  (D) Renewal grants.--Subject to subparagraph (D), the 
                Administrator may award a renewal grant to grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                king contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                  (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
          (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
          (7) Congressional consultation.--Two years after the date of 
        implementation of the program established in this section, the 
        General Accounting Office shall submit a report to Congress 
        reviewing the effectiveness of the program in suppressing and 
        reducing violent juvenile crime in the participating 
        communities. The report shall contain an analysis of each 
        community participating in the program, along with information 
        regarding the plan undertaken in the community, and the 
        effectiveness of the plan in reducing violent juvenile crime. 
        The report shall contain recommendations regarding the efficacy 
        of continuing the program.
  (b) Information Collection and Dissemination With Respect to 
Coalitions.--
          (1) Coalition information.--For the purpose of audit and 
        examination, the Administrator--
                  (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                  (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
          (2) Reporting.--The Administrator shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section, $3,000,000 in each of fiscal years 1998, 1999, and 2000.

SEC. 310. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

  (a) Violent Crime Control and Law Enforcement Act of 1994.--
          (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through C, and E through S.
          (2) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
  (b) Reform of GREAT Program.--Section 32401(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is 
amended--
          (1) by striking paragraph (2) and inserting the following:
          ``(2) Selection of communities.--
                  ``(A) In general.--Each community identified for a 
                GREAT project referred to in paragraph (1) shall be 
                selected by the Secretary of the Treasury on the basis 
                of--
                          ``(i) the level of gang activity and youth 
                        violence in the area in which the community is 
                        located;
                          ``(ii) the number of schools in the community 
                        in which training would be provided under the 
                        project;
                          ``(iii) the number of students who would 
                        receive the training referred to in clause (ii) 
                        in schools referred to in that clause; and
                          ``(iv) a written description from officials 
                        of the community explaining the manner in which 
                        funds made available to the community under 
                        this section would be allocated.
                  ``(B) Equitable selection.--The Secretary of the 
                Treasury shall ensure that--
                          ``(i) communities are identified and selected 
                        for GREAT projects under this subsection on an 
                        equitable geographic basis (except that this 
                        clause shall not be construed to require the 
                        termination of any projects selected prior to 
                        the beginning of fiscal year 1998); and
                          ``(ii) the communities referred to in clause 
                        (i) include rural communities.''; and
          (2) in paragraph (3)--
                  (A) in subparagraph (A), by striking ``50 percent'' 
                and inserting ``85 percent''; and
                  (B) in subparagraph (B), by striking ``50 percent'' 
                and inserting ``15 percent''.

SEC. 311. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

  Section 310001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211(b)) is amended--
          (1) in paragraph (5), by striking ``and'' at the end;
          (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
          (3) by adding at the end the following:
          ``(7) for fiscal year 2001, $750,000,000; and
          ``(8) for fiscal year 2002, $750,000,000.''.

SEC. 312. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
                    ALIENS.

  (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
          (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
          (2) in subsection (b), by inserting ``(including any juvenile 
        alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
          (3) by adding at the end the following:
  ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as that term is defined in section 101(a)(3) of 
the Immigration and Nationality Act) who has been adjudicated 
delinquent and committed to a correctional facility by a State or 
locality as a juvenile offender.''.
  (b) Annual Report.--Section 332 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
          (1) by striking ``and'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional facilities, 
        including the type of offense committed by each juvenile.''.
  (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
          (1) by striking ``or'' at the end of clause (ii);
          (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
          (3) by adding at the end the following:
                          ``(iv) is a juvenile alien with respect to 
                        whom section 501 of the Immigration Reform and 
                        Control Act of 1986 applies.''.

                     TITLE IV--BOYS AND GIRLS CLUBS

SEC. 401. 2,500 BOYS AND GIRLS CLUBS BEFORE 2000.

  (a) In General.--Section 401(a) of the Economic Espionage Act of 1996 
(42 U.S.C. 13751 note) is amended by striking paragraph (2) and 
inserting the following:
          ``(2) Purpose.--The purpose of this section is to provide 
        adequate resources in the form of seed money for the Boys and 
        Girls Clubs of America to--
                  ``(A) establish 1,000 additional local clubs in 
                locations where local clubs are needed (giving 
                particular emphasis on establishing clubs in public 
                housing projects and distressed areas); and
                  ``(B) ensure that a total of not less than 2,500 Boys 
                and Girls Clubs of America facilities are in operation 
                not later than December 31, 1999.''.
  (b) Accelerated Grants.--Section 401 of the Economic Espionage Act of 
1996 (42 U.S.C. 13751 note) is amended by striking subsection (c) and 
inserting the following:
  ``(c) Establishment.--
          ``(1) In general.--
                  ``(A) Authority.--For each of fiscal years 1997, 
                1998, 1999, 2000, and 2001, the Attorney General, 
                acting through the Director of the Bureau of Justice 
                Assistance of the Department of Justice (referred to in 
                this subsection as the `Director') shall make a grant 
                to the Boys and Girls Clubs of America for the purpose 
                of establishing and extending Boys and Girls Clubs 
                facilities in locations where new facilities or 
                expanded facilities are needed.
                  ``(B) Emphasis.--In carrying out subparagraph (A), 
                the Director shall give particular emphasis to 
                establishing clubs in and extending services to public 
                housing projects and distressed areas.
          ``(2) Applications.--
                  ``(A) In general.--The Attorney General, acting 
                through the Director, shall accept an application for a 
                grant under this subsection submitted by the Boys and 
                Girls Clubs of America.
                  ``(B) Approval.--Not later than 90 days after an 
                application is submitted under subparagraph (A), the 
                Attorney General, acting through the Director, shall 
                approve or deny the application. The Attorney General 
                may approve the application only if the application--
                          ``(i) includes--
                                  ``(I) a long-term strategy to 
                                establish 1,000 additional Boys and 
                                Girls Clubs; and
                                  ``(II) a detailed summary of those 
                                geographic areas in which new 
                                facilities will be established, or in 
                                which existing facilities will be 
                                expanded to serve additional youths, 
                                during the fiscal year following the 
                                date of the application;
                          ``(ii) includes a plan to ensure that a total 
                        of not less than 2,500 Boys and Girls Clubs of 
                        America facilities are in operation before 
                        January 1, 2000;
                          ``(iii) certifies that the Boys and Girls 
                        Clubs of America will ensure appropriate 
                        coordination between the communities in which 
                        the Boys and Girls Clubs referred to in clause 
                        (ii) and the Boys and Girls Clubs of America 
                        will be located; and
                          ``(iv) explains the manner in which new 
                        facilities will operate without the provision 
                        of additional, direct Federal financial 
                        assistance to the Boys and Girls Clubs after 
                        assistance under this subsection is 
                        discontinued.''.
  (c) Role Model Grants.--Section 401 of the Economic Espionage Act of 
1996 (42 U.S.C. 13751 note) is amended by adding at the end the 
following:
  ``(f) Role Model Grants.--Of amounts made available under subsection 
(e) for any fiscal year--
          ``(1) not more than 5 percent may be used to provide a grant 
        to the Boys and Girls Clubs of America for administrative, 
        travel, and other costs associated with a national role-model 
        speaking tour program; and
          ``(2) no amount may be used to compensate speakers other than 
        to reimburse speakers for reasonable travel and accommodation 
        costs associated with the program described in paragraph (1).
  ``(g) Flagship Boys and Girls Clubs.--
          ``(1) In general.--The Attorney General, acting through the 
        Director of the Bureau of Justice Assistance (referred to in 
        this section as the `Director'), shall, upon receipt of an 
        application that meets the requirements of paragraph (2) from 
        an appropriate official of the Boys and Girls Clubs of America, 
        make a grant to the Boys and Girls Clubs of America to fund the 
        establishment of not less than 3 flagship Boys and Girls Clubs.
          ``(2) Application.--
                  ``(A) In general.--In order to receive a grant under 
                this subsection, the appropriate official of the Boys 
                and Girls Clubs of America shall submit an application 
                to the Director in such form, and containing such 
                information, as the Director may reasonably require.
                  ``(B) Contents of application.--The application 
                submitted pursuant to subparagraph (A) shall contain 
                assurances that--
                          ``(i)(I) the flagship clubs established under 
                        this subsection (referred to in this subsection 
                        as the `flagship clubs') shall be located in 
                        economically distressed areas; and
                          ``(II) with respect to the location of the 
                        flagship clubs, at least--
                                  ``(aa) 1 shall be in a rural area; 
                                and
                                  ``(bb) 1 shall be in an urban area;
                          ``(ii) site selection for the flagship clubs 
                        shall be made on an equitable geographic basis;
                          ``(iii) funds received pursuant to this 
                        subsection by the Boys and Girls Clubs of 
                        America shall comprise not more than 60 percent 
                        of the costs of establishing the flagship 
                        clubs; and
                          ``(iv) specify how the flagship clubs will 
                        operate without Federal funds after the 
                        flagship clubs are brought into operation.
          ``(3) Authorization of appropriations.--
                  ``(A) In general.--There are authorized to be 
                appropriated $15,000,000 for fiscal year 1998 to carry 
                out this subsection.
                  ``(B) Source of sums.--Sums authorized to be 
                appropriated under subparagraph (A) may be derived from 
                the Violent Crime Reduction Trust Fund.''.

                         TITLE V--MISCELLANEOUS

                     Subtitle A--General Provisions

SEC. 501. DEFINITION OF UNIT OF LOCAL GOVERNMENT.

  Section 901(3) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791(3)) is amended to read as follows:
          ``(3) `unit of local government' means--
                  ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                  ``(B) any law enforcement district or judicial 
                enforcement district that--
                          ``(i) is established under applicable State 
                        law; and
                          ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and impose taxes;
                  ``(C) an Indian tribe which performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                  ``(D) for the purposes of assistance eligibility, any 
                agency of the government of the District of Columbia or 
                the Federal Government that performs law enforcement 
                functions in and for--
                          ``(i) the District of Columbia; or
                          ``(ii) any Trust Territory of the United 
                        States;''.

SEC. 502. CARJACKING OFFENSES.

  Section 2119 of title 18, United States Code, is amended by striking 
``, with the intent to cause death or serious bodily harm''.

SEC. 503. FIREARMS SAFETY.

  (a) Secure Gun Storage or Safety Device.--Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following:
  ``(34) The term `secure gun storage or safety device' means--
          ``(A) a device that, when installed on a firearm, is designed 
        to prevent the firearm from being operated without first 
        deactivating or removing the device;
          ``(B) a device incorporated into the design of the firearm 
        that is designed to prevent the operation of the firearm by 
        anyone not having access to the device; or
          ``(C) a safe, gun safe, gun case, lock box, or other device 
        that is designed to be or can be used to store a firearm and 
        that is designed to be unlocked only by means of a key, a 
        combination, or other similar means.''.
  (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
          (1) in subparagraph (E), by striking ``and'' at the end;
          (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage or 
        safety devices will be available at any place in which firearms 
        are sold under the license to persons who are not licensees 
        (subject to the exception that in any case in which a secure 
        gun storage or safety device is temporarily unavailable because 
        of theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the control of 
        the licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to make 
        available such a device).''.
  (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
  (d) Statutory Construction; Evidence.--
          (1) Statutory construction.--Nothing in the amendments made 
        by this section shall be construed--
                  (A) as creating a cause of action against any 
                firearms dealer or any other person for any civil 
                liability; or
                  (B) as establishing any standard of care.
          (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity.
  (e) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 504. FIREARM SAFETY EDUCATION GRANTS.

  (a) In General.--Section 510 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3760) is amended--
          (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
          ``(1) undertaking educational and training programs for--
                  ``(A) criminal justice personnel; and
                  ``(B) the general public, with respect to the lawful 
                and safe ownership, storage, carriage, or use of 
                firearms, including the provision of secure gun storage 
                or safety devices;'';
          (2) in the first sentence of subsection (b), by inserting 
        before the period the following: ``and is authorized to make 
        grants to, or enter into contracts with, those persons and 
        entities to carry out the purposes specified in subsection 
        (a)(1)(B) in accordance with subsection (c)''; and
          (3) by adding at the end the following:
  ``(c)(1) In accordance with this subsection, the Director may make a 
grant to, or enter into a contract with, any person or entity referred 
to in subsection (b) to provide for a firearm safety program that, in a 
manner consistent with subsection (a)(1)(B), provides for general 
public training and dissemination of information concerning firearm 
safety, secure gun storage, and the lawful ownership, carriage, or use 
of firearms, including the provision of secure gun storage or safety 
devices.
  ``(2) Funds made available under a grant under paragraph (1) may not 
be used (either directly or by supplanting non-Federal funds) for 
advocating or promoting gun control, including making communications 
that are intended to directly or indirectly affect the passage of 
Federal, State, or local legislation intended to restrict or control 
the purchase or use of firearms.
  ``(3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall provide for 
evaluations that shall be developed pursuant to guidelines that the 
Director of the National Institute of Justice of the Department of 
Justice, in consultation with the Director of the Bureau of Justice 
Assistance and recognized private entities that have expertise in 
firearms safety, education and training, shall establish.
  ``(4) With respect to a firearm safety program that receives funding 
under this section, the Director may waive the evaluation requirement 
described in paragraph (3) if the Director determines that the 
program--
          ``(A) is not of a sufficient size to justify an evaluation; 
        or
          ``(B) is designed primarily to provide material resources and 
        supplies, and that activity would not justify an evaluation.''.
  (b) Effective Date.--The amendments made by this section shall take 
effect on the earlier of--
          (1) October 1, 1997; or
          (2) the date of enactment of this Act.

SEC. 505. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

  Section 924 of title 18, United States Code, is amended by adding at 
the end the following:
  ``(p) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

SEC. 506. FELONY TREATMENT FOR OFFENSES TANTAMOUNT TO AIDING AND 
                    ABETTING UNLAWFUL PURCHASES.

  Section 924(a)(3) of title 18, United States Code, is amended by 
striking the period and inserting ``, but if the violation is in 
relation to an offense--
          ``(A) under paragraph (1) or (3) of section 922(b), shall be 
        fined under this title, imprisoned not more than 5 years, or 
        both; or
          ``(B) under subsection (a)(6) or (d) of section 922, shall be 
        fined under this title, imprisoned not more than 10 years, or 
        both.''.

SEC. 507. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARMS WITH 
                    OBLITERATED SERIAL NUMBER.

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

SEC. 508. AMENDMENT OF THE SENTENCING GUIDELINES FOR TRANSFERS OF 
                    FIREARMS TO PROHIBITED PERSONS.

  (a) Sentencing Enhancement.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guidelines to increase 
the base offense level for offenses subject to section 2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunition) to assure 
that a person who transferred a firearm and who knew that the 
transferee was a prohibited person is subject to the same base offense 
level as the transferee. This provision shall not require the same 
offense level for the transferor and transferee to the extent that the 
transferee's base offense level is subject to an additional increase on 
the basis of a past criminal conviction of either a crime of violence 
or a controlled substance offense.
  (b) Consistency.--In carrying out subsection (a), the United States 
Sentencing Commission shall--
          (1) ensure that there is reasonable consistency with other 
        Federal Sentencing Guidelines; and
          (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 509. CRIMINAL FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE 
                    AND FELONIES.

  (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended--
          (1) by inserting after paragraph (3) the following:
  ``(4) The court, in imposing a sentence on a person convicted of any 
crime of violence (as that term is defined in section 16) or any felony 
under federal law, shall order that the person forfeit to the United 
States any firearm (as that term is defined in section 921(a)(3)) used 
or intended to be used to commit or to facilitate the commission of the 
offense.''; and
          (2) by redesignating paragraphs (4) and (5), and the first 
        and second paragraphs designated as paragraph (6), as 
        paragraphs (5), (6), (7), and (8), respectively.
  (b) Disposal of Forfeited Property.--Section 981(c) of title 18, 
United States Code, is amended by adding at the end the following: 
``Any firearm forfeited pursuant to subsection (a)(1)(D) or section 
982(a)(3) of this title shall be disposed of by the seizing agency in 
accordance with law.''.

SEC. 510. CRIMINAL FORFEITURE FOR GUN TRAFFICKING.

  Section 982(a) of title 18, United States Code, as amended by section 
509 of this Act, is amended by adding at the end the following:
          ``(9)(A) The court, in imposing a sentence on a person 
        convicted of a gun trafficking offense described in 
        subparagraph (B), or a conspiracy to commit such offense, shall 
        order the person to forfeit to the UnitedStates any conveyance 
used or intended to be used to commit such offense, and any property 
traceable to such conveyance.
          ``(B) A gun trafficking offense is described in this 
        subparagraph if it--
                  ``(i) is a violation of--
                          ``(I) section 922(i) (transporting stolen 
                        firearms);
                          ``(II) section 924(g) (travel with a firearm 
                        in furtherance of racketeering);
                          ``(III) section 924(k) (stealing a firearm); 
                        or
                          ``(IV) section 924(m) (interstate travel to 
                        promote firearms trafficking); and
                  ``(ii) involves 5 or more firearms.''.

SEC. 511. USING PRISON INMATE LABOR AND OTHER LABOR FOR DATA PROCESSING 
                    OF PERSONAL INFORMATION ABOUT CHILDREN.

  (a) In General.--Chapter 89 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 1822. Using prison inmate labor and other labor for data 
                    processing of personal information

  ``(a) Prohibition.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses prison inmate labor, or any worker who is 
registered pursuant to title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994, for data processing of personal information 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
  ``(b) Definition of Personal Information.--In this section, the term 
`personal information' means information (including name, address, 
telephone number, social security number, and physical description) 
about an individual, that would suffice to physically locate and 
contact that individual.''.

``Sec. 1823. Using or distributing certain personal information that 
                    would harm children

  ``(a) Prohibition.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses or distributes personal information about 1 or 
more children with the intent that the information will be used to 
abuse or to harm physically any child, shall be fined under this title, 
imprisoned not more than 1 year, or both.
  ``(b) Definitions.--In this section--
          ``(1) the term `child' means an individual who has not 
        attained the age of 16 years; and
          ``(2) the term `personal information' means information 
        (including name, address, telephone number, social security 
        number, and physical description) about an individual, that 
        would suffice to physically locate and contact that 
        individual.''.
  (b) Clerical Amendment.--The analysis for chapter 89 of title 18, 
United States Code, is amended by adding at the end the following:

``1822. Using prison inmate labor and other labor for data processing 
of personal information.
``1823. Using or distributing certain personal information that would 
harm children.''.

SEC. 512. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

  Section 20106 of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13706) is amended by striking subsection (b) and 
inserting the following:
  ``(b) Formula Allocation.--The amount made available to carry out 
this section for any fiscal year under section 20104 shall be allocated 
as follows:
          ``(1) 0.75 percent shall be allocated to each State that 
        meets the requirements of section 20104, except that the United 
        States Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands each shall be allocated 0.05 percent.
          ``(2) The amount remaining after the application of paragraph 
        (1) shall be allocated to each State that meets the 
        requirements of section 20104 in the ratio that the average 
        annual number of part 1 violent crimes reported by that State 
        to the Federal Bureau of Investigation for the 3 years 
        preceding the year inwhich the determination is made bears to 
the average annual number of part 1 violent crimes reported by States 
that meet the requirements of section 20104 to the Federal Bureau of 
Investigation for the 3 years preceding the year in which the 
determination is made, except that a State may not receive more than 25 
percent of the total amount available for those grants.''.

SEC. 513. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED STATES 
                    MARSHALS SERVICE.

  Section 709 of title 18, United States Code, is amended by inserting 
after the thirteenth undesignated paragraph the following:
  ``Whoever, except with the written permission of the Director of the 
United States Marshals Service, knowingly uses the words `United States 
Marshals Service', `U.S. Marshals Service', `United States Marshal', 
`U.S. Marshal', or `U.S.M.S.', or any colorable imitation of any such 
words, or the likeness of a United States Marshals Service badge, logo, 
or insignia on any item of apparel, in connection with any 
advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey the 
impression that the wearer of the item of apparel is acting pursuant to 
the legal authority of the United States Marshals Service, or to convey 
the impression that such advertisement, circular, book, pamphlet, 
software, or other publication, or such play, motion picture, 
broadcast, telecast, or other production, is approved, endorsed, or 
authorized by the United States Marshals Service;''.

SEC. 514. EXTENSION OF AUTHORITY.

  Section 233(d) of the Antiterrorism and Effective Death Penalty Act 
of 1996 (110 Stat. 1245) is amended by striking ``1 year after the date 
of enactment of this Act'' and inserting ``on October 1, 1999''.

SEC. 515. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
                    PROVIDE AFTERCARE SERVICES.

  Section 1901 of part S of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796ff-1) is amended by adding at the end the 
following:
  ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--A 
State may use amounts received under this part to provide 
nonresidential substance abuse treatment aftercare services for inmates 
or former inmates that meet the requirements of subsection (c), if the 
chief executive officer of the State certifies to the Attorney General 
that the State is providing, and will continue to provide, an adequate 
level of residential treatment services.''.

SEC. 516. ESTABLISHMENT OF FELONY VIOLATIONS.

  Section 228 of title 18, United States Code, is amended to read as 
follows:

``Sec. 228. Failure to pay legal child support obligations

  ``(a) Offense.--Whoever--
          ``(1) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if such 
        obligation has remained unpaid for a period longer than 1 year, 
        or is greater than $5,000;
          ``(2) travels in interstate or foreign commerce with the 
        intent to evade a support obligation, if such obligation has 
        remained unpaid for a period longer than 1 year, or is greater 
        than $5,000; or
          ``(3) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if such 
        obligation has remained unpaid for a period longer than 2 
        years, or is greater than $10,000;
shall be punished as provided in subsection (c).
  ``(b) Presumption.--The existence of a support obligation that was in 
effect for the time period charged in the indictment or information 
creates a rebuttable presumption that the obligor has the ability to 
pay the support obligation for that time period.
  ``(c) Punishment.--The punishment for an offense under this section 
is--
          ``(1) in the case of a first offense under subsection (a)(1), 
        a fine under this title, imprisonment for not more than 6 
        months, or both; and
          ``(2) in the case of an offense under subsection (a)(2) or 
        (a)(3), or a second or subsequent offense under subsection 
        (a)(1), a fine under this title, imprisonment for not more than 
        2 years, or both.
  ``(d) Mandatory Restitution.--Upon a conviction under this section, 
the court shall order restitution under section 3663A in an amount 
equal to the total unpaid support obligation as it exists at the time 
of sentencing.
  ``(e) Definitions.--In this section--
          ``(1) the term `support obligation' means any amount 
        determined under a court order or an order of an administrative 
        process pursuant to the law of a State to be due from a person 
        for the support and maintenance of a child or of a child and 
        the parent with whom the child is living; and
          ``(2) the term `State' includes any State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 517. HATE CRIMES STATISTICS ACT.

  Subsection (b) of the first section of the Hate Crimes Statistics Act 
(28 U.S.C. 534 note) is amended by adding at the end the following:
  ``(6) In acquiring data under this section, the Attorney General 
shall, beginning for calendar year 1998, include data regarding the age 
of offenders who have committed crimes covered by this section.''.

SEC. 518. ELIMINATION OF THE STATUTE OF LIMITATIONS FOR MURDER AND 
                    CLASS A OFFENSES.

  (a) Capital Offenses and Class A Felonies Involving Murder.--
          (1) In general.--Section 3281 of title 18, United States 
        Code, is amended to read as follows:

``Sec. 3281. Capital offenses and Class A felonies involving murder

  ``(a) Capital Offenses.--An indictment for any offense punishable by 
death may be found at any time without limitation.
  ``(b) Class A Felonies Involving Murder.--
          ``(1) In general.--An indictment or information for any Class 
        A felony involving murder may be found at any time without 
        limitation.
          ``(2) Definition of murder.--In this subsection, the term 
        `murder'--
                  ``(A) has the meaning given the term in section 1111 
                of this title; and
                  ``(B) in the case of an offense under section 1963(a) 
                of this title involving racketeering activity described 
                in section 1961(1) of this title, has the meaning given 
                that term under applicable State law.''.
          (2) Applicability.--The amendment made by this subsection 
        applies to any offense for which the applicable statute of 
        limitations has not run as of the date of enactment of this 
        Act.
  (b) Class A Violent and Drug Trafficking Offenses.--
          (1) In general.--Chapter 213 of title 18, United States Code, 
        is amended by adding at the end the following:

``Sec. 3296. Class A violent and drug trafficking offenses

  ``Except as provided in section 3281, no person shall be prosecuted, 
tried, or punished for a Class A felony that is a crime of violence or 
that is a drug trafficking crime (as that term is defined in section 
924(c)) unless the indictment is returned or the information is filed 
not later than 10 years after the date on which the offense is 
committed.''.
          (2) Applicability.--The amendment made by this subsection 
        applies to any offense for which the applicable statute of 
        limitations had not run as of the date of enactment of this 
        Act.
  (c) Conforming Amendments.--The analysis for chapter 213 of title 18, 
United States Code, is amended--
          (1) by striking the item relating to section 3281 and 
        inserting the following:

``3281. Capital offenses and class A felonies involving murder.''; and

          (2) by adding at the end the following:

``3296. Class A violent and drug trafficking offenses.''.

SEC. 519. PRIORITY.

  Section 517 of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3763) is amended by adding at the end the following:
  ``(c) Priority.--In awarding discretionary grants under section 511 
to public agencies to undertake law enforcement initiatives relating to 
gangs, or relating to juveniles who are involved or at risk of 
involvement in gangs, the Director shall give priority to a public 
agency that includes in its application a description of strategies or 
programs of that public agency (either in effect or proposed) that 
provide cooperation between Federal, State, and local law enforcement 
authorities, through the use of firearms and ballistics identification 
systems, to disrupt illegal sale or transfer of firearms to or between 
juveniles through tracing the sources of guns used in crime that were 
provided to juveniles.''.

SEC. 520. 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. 521. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL OR 
                    OTHER PROTECTED LOCATION.

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

SEC. 522. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

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

SEC. 523. PENALTIES FOR 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 meaning given the term in section 16 of this title.
          ``(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. 524. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO GROW OR 
                    MANUFACTURE CONTROLLED SUBSTANCES.

  (a) In General.--Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended to read as follows:
          ``(5) Whoever violates subsection (a) of this section by 
        cultivating or manufacturing a controlled substance on any 
        property in whole or in part owned by or leased to the United 
        States or any department or agency thereof shall be subject to 
        twice the maximum punishment otherwise authorized for the 
        offense.''.
  (b) Federal 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 
ensure that a violation of section 401(b)(5) of the Controlled 
Substances Act (21 U.S.C. 841(b)(5)) is punished substantially more 
severely than if the violation had not occurred on Federal property.

SEC. 525. SAFE SCHOOLS.

  (a) Amendments.--Part F of title XIV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to read as 
follows:

  ``PART F--ILLEGAL DRUG AND GUN POSSESSION AND POSSESSION OF TOBACCO 
                    PRODUCTS OR ALCOHOLIC BEVERAGES

``SEC. 14601. DRUG-FREE, GUN-FREE, TOBACCO-FREE, AND ALCOHOL-FREE 
                    REQUIREMENTS.

  ``(a) Short Title.--This section may be cited as the `Safe Schools 
Act of 1997'.
  ``(b) Requirements.--
          ``(1) In general.--Except as provided in paragraph (2), each 
        State receiving Federal funds under this Act shall have in 
        effect a State law requiring local educational agencies to 
        expel from school--
                  ``(A) for a period of not less than 1 year a student 
                who is determined--
                          ``(i) to be in possession of an illegal drug 
                        (in a quantity that indicates an intent to 
                        distribute as determined by State law), or 
                        illegal drug paraphernalia, on school property 
                        under the jurisdiction of, or on a vehicle 
                        operated by an employee or agent of, a local 
                        educational agency in that State; or
                          ``(ii) to have brought a weapon to a school 
                        under the jurisdiction of a local educational 
                        agency in that State;
                  ``(B) for a period of not more than 6 months and not 
                less than 1 week a student who is determined to be in 
                possession of an illegal drug (in a quantity that does 
                not indicate an intent to distribute as determined by 
                State law), on school property under the jurisdiction 
                of, or on a vehicle operated by an employee or agent 
                of, a local educational agency in that State; and
                  ``(C) for a period of not more than 6 months a 
                student who is determined to have, while not having 
                attained the age of 18 and on a regular basis (as 
                determined by the State), used or possessed 1 or more 
                tobacco products or alcoholic beverages on school 
                property under the jurisdiction of, or on a vehicle 
                operated by an employee or agent of, a local 
                educational agency in that State.
          ``(2) Exceptions.--The State law described in paragraph (1)--
                  ``(A) shall not apply to students served under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.); and
                  ``(B) shall allow the chief administering officer of 
                a local educational agency to modify the expulsion 
                requirement for a student on a case-by-case basis or to 
                ensure that the requirement takes into account 
                applicable State law.
          ``(3) Construction.--Nothing in this title shall be construed 
        to prevent a State from allowing a local educational agency 
        that has expelled a student from such a student's regular 
        school setting from providing educational services to such 
        student in an alternative setting.
          ``(4) Definition of weapon.--In this section, the term 
        `weapon' has the meaning given the term `firearm' in section 
        921(a) of title 18, United States Code.
  ``(c) Report to State.--Each local educational agency requesting 
assistance from the State educational agency that is to be provided 
from funds made available to the State under this Act shall provide to 
the State, in the application requesting such assistance--
          ``(1) an assurance that such local educational agency is in 
        compliance with the State law required by subsection (b); and
          ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the State law required by subsection 
        (b), including--
                  ``(A) the name of the school concerned;
                  ``(B) the number of students expelled from such 
                school; and
                  ``(C) the type of illegal drugs, illegal drug 
                paraphernalia, weapons, tobacco products, or alcoholic 
                beverages concerned.
  ``(d) Reporting.--Each State shall report the information described 
in subsection (c) to the Secretary on an annual basis.
  ``(e) Report to Congress.--Two years after the date of enactment of 
the Safe Schools Act of 1997, the Secretary shall report to Congress 
with respect to any State that is not in compliance with the 
requirements of this part.

``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

  ``(a) In General.--No funds shall be made available under this Act to 
any local educational agency unless such agency has a policy requiring 
referral to the criminal justice or juvenile delinquency system of any 
student who is in possession of an illegal drug, or illegal drug 
paraphernalia, on school property under the jurisdiction of, or on a 
vehicle operated by an employee or agent of, such agency, or who brings 
a firearm or weapon to a school served by such agency.
  ``(b) Definitions.--In this section, the terms `firearm' and `school' 
have the meanings given those terms in section 921(a) of title 18, 
United States Code.

``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

  ``The Secretary shall--
          ``(1) widely disseminate the policy of the Department in 
        effect on the date of enactment of the Safe Schools Act of 1997 
        with respect to disciplining children with disabilities;
          ``(2) collect data on the incidence of children with 
        disabilities (as that term is defined in section 602(a)(1) of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401(a)(1))) possessing illegal drugs or illegal drug 
        paraphernalia, or using or possessing, on a regular basis (as 
        determined by the appropriate State), tobacco products, or 
        alcoholic beverages on school property under the jurisdiction 
        of, or on a vehicle operated by an employee or agent of, a 
        local educational agency, engaging in life threatening behavior 
        at school, or bringing weapons to schools; and
          ``(3) submit a report to Congress not later than 1 year after 
        the date of enactment of the Safe Schools Act of 1997 analyzing 
        the strengths and problems with the current approaches 
        regarding disciplining children with disabilities.

``SEC. 14604. DEFINITIONS.

  ``In this part:
          ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
        includes any beverage in liquid form that contains not less 
        than \1/2\ of 1 percent of alcohol by volume and is intended 
        for human consumption.
          ``(2) Illegal drug.--
                  ``(A) In general.--The term `illegal drug' means a 
                controlled substance (as that term is defined in 
                section 102(6) of the Controlled Substances Act (21 
                U.S.C. 802(6))), the possession of which is unlawful 
                under such Act (21 U.S.C. 801 et seq.) or the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                951 et seq.).
                  ``(B) Exclusion.--The term `illegal drug' does not 
                mean a controlled substance used pursuant to a valid 
                prescription or as authorized by law.
          ``(3) Illegal drug paraphernalia.--The term `illegal drug 
        paraphernalia' means drug paraphernalia (as that term is 
        defined in section 422 of the Controlled Substances Act (21 
        U.S.C. 863)), except that the first sentence of section 422(d) 
        of such Act shall be applied by inserting `or under the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.)' before the period.
          ``(4) Tobacco product.--The term `tobacco product' means--
                  ``(A) cigarettes and little cigars (as those terms 
                are defined in section 3 of the Federal Cigarette 
                Labeling and Advertising Act (15 U.S.C. 1332));
                  ``(B) cigars (as that term is defined in section 5702 
                of the Internal Revenue Code of 1986);
                  ``(C) pipe tobacco and loose rolling tobacco;
                  ``(D) smokeless tobacco (as that term is defined in 
                section 9 of the Comprehensive Smokeless Tobacco and 
                Health Education Act of 1986 (15 U.S.C. 4408)); and
                  ``(E) any other form of tobacco intended for human 
                consumption.''.
  (b) Effective Date.--This section and the amendments made by this 
section shall take effect 6 months after the date of enactment of this 
Act.

SEC. 526. APPLICABILITY TO DANGEROUS WEAPONS.

  (a) Weapons Covered.--Part F of title XIV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.), as amended by 
section 525 of this Act, is amended--
          (1) in section 14601--
                  (A) in subsection (b)--
                          (i) in paragraph (1)(A)(ii), by striking 
                        ``weapon'' and inserting ``dangerous weapon''; 
                        and
                          (ii) by striking paragraph (4); and
                  (B) in subsection (c)(2)(C), by striking ``weapons'' 
                and inserting ``dangerous weapons'';
          (2) in section 14602--
                  (A) in subsection (a), by striking ``firearm or 
                weapon'' and inserting ``dangerous weapon''; and
                  (B) by striking subsection (b) and inserting the 
                following:
  ``(b) Definition of School.--In this section, the term `school' has 
the meaning given that term in section 921(a) of title 18, United 
States Code.''; and
          (3) in section 14604, by adding at the end the following:
          ``(5) Dangerous weapon.--The term `dangerous weapon' has the 
        meaning given that term in section 930 of title 18, United 
        States Code, provided such term as used in this part does not 
        include any dangerous weapon possessed as a part of a course or 
        curriculum approved pursuant to State or local laws.''.
  (b) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of enactment of this Act.

         Subtitle B--Child Exploitation Sentencing Enhancement

SEC. 531. SHORT TITLE.

  This subtitle may be cited as the ``Child Exploitation Sentencing 
Enhancement Act of 1997''.

SEC. 532. DEFINITIONS.

  In this subtitle:
          (1) Child; children.--The term ``child'' or ``children'' 
        means a minor or minors of an age specified in the applicable 
        provision of title 18, United States Code, that is subject to 
        review under this subtitle.
          (2) Minor.--The term ``minor'' means any individual who has 
        not attained the age of 18, except that, with respect to 
        references to section 2243 of title 18, United States Code, the 
        term means an individual described in subsection (a) of that 
        section.

SEC. 533. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE 
                    OR EXPLOITATION OF A CHILD.

  Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
          (1) review the Federal Sentencing Guidelines for--
                  (A) aggravated sexual abuse under section 2241 of 
                title 18, United States Code;
                  (B) sexual abuse under section 2242 of title 18, 
                United States Code;
                  (C) sexual abuse of a minor or ward under section 
                2243 of title 18, United States Code;
                  (D) coercion and enticement of a juvenile under 
                section 2422(b) of title 18, United States Code; and
                  (E) transportation of minors under section 2423 of 
                title 18, United States Code; and
          (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant used a 
        computer with the intent to persuade, induce, entice, or coerce 
        a child of an age specified in the applicable provision 
        referredto in paragraph (1) to engage in any prohibited sexual 
activity.

SEC. 534. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN THE 
                    SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

  Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
          (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
          (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant knowingly 
        misrepresented the actual identity of the defendant with the 
        intent to persuade, induce, entice, or coerce a child of an age 
        specified in the applicable provision referred to in paragraph 
        (1) to engage in a prohibited sexual activity.

SEC. 535. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL 
                    EXPLOITATION OF CHILDREN.

  Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
          (1) review the Federal Sentencing Guidelines on criminal 
        sexual abuse, the production of sexually explicit material, the 
        possession of materials depicting a child engaging in sexually 
        explicit conduct, coercion and enticement of minors, and the 
        transportation of minors; and
          (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties applicable to the offenses referred to in 
        paragraph (1) in any case in which the defendant engaged in a 
        pattern of activity involving the sexual abuse or exploitation 
        of a minor.

SEC. 536. REPEAT OFFENDERS; INCREASED MAXIMUM PENALTIES FOR 
                    TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND 
                    RELATED CRIMES.

  (a) Repeat Offenders.--
          (1) Chapter 117.--
                  (A) In general.--Chapter 117 of title 18, United 
                States Code, is amended by adding at the end the 
                following:

``Sec. 2425. Repeat offenders

  ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
          ``(1) for an offense punishable under this chapter or chapter 
        109A or 110; or
          ``(2) under any applicable law of a State relating to conduct 
        punishable under this chapter or chapter 109A or 110.
  ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
                  (B) Conforming amendment.--The analysis for chapter 
                117 of title 18, United States Code, is amended by 
                adding at the end the following:

``2425. Repeat offenders.''.

          (2) Chapter 109a.--Section 2247 of title 18, United States 
        Code, is amended to read as follows:

``Sec. 2247. Repeat offenders

  ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
          ``(1) for an offense punishable under this chapter or chapter 
        110 or 117; or
          ``(2) under any applicable law of a State relating to conduct 
        punishable under this chapter, or chapter 110 or 117.
  ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
  (b) Increased Maximum Penalties for Transportation for Illegal Sexual 
Activity and Related Crimes.--
          (1) Transportation generally.--Section 2421 of title 18, 
        United States Code, is amended by striking ``five'' and 
        inserting ``10''.
          (2) Coercion and enticement of minors.--Section 2422 of title 
        18, United States Code, is amended--
                  (A) in subsection (a), by striking ``five'' and 
                inserting ``10''; and
                  (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
          (3) Transportation of minors.--Section 2423 of title 18, 
        United States Code, is amended--
                  (A) in subsection (a), by striking ``ten'' and 
                inserting ``15''; and
                  (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
  (c) Amendment of Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall--
          (1) review the Federal Sentencing Guidelines relating to 
        chapter 117 of title 18, United States Code; and
          (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to provide for the amendments made by this 
        section.

SEC. 537. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF PORNOGRAPHY.

  Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
          (1) review the Federal Sentencing Guidelines relating to the 
        distribution of pornography covered under chapter 110 of title 
        18, United States Code, relating to the sexual exploitation and 
        other abuse of children; and
          (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to clarify that the term ``distribution of 
        pornography'' applies to the distribution of pornography--
                  (A) for monetary remuneration; or
                  (B) for a nonpecuniary interest.

SEC. 538. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

  In carrying out this subtitle, the United States Sentencing 
Commission shall--
          (1) with respect to any action relating to the Federal 
        Sentencing Guidelines subject to this subtitle, ensure 
        reasonable consistency with other guidelines of the Federal 
        Sentencing Guidelines; and
          (2) with respect to an offense subject to the Federal 
        Sentencing Guidelines, avoid duplicative punishment under the 
        guidelines for substantially the same offense.

SEC. 539. AUTHORIZATION FOR GUARDIANS AD LITEM.

  (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice, for the purpose specified in 
subsection (b), such sums as may be necessary for each of fiscal years 
1998 through 2001.
  (b) Purpose.--The purpose specified in this subsection is the 
procurement, in accordance with section 3509(h) of title 18, United 
States Code, of the services of individuals with sufficient 
professional training, experience, and familiarity with the criminal 
justice system, social service programs, and child abuse issues to 
serve as guardians ad litem for children who are the victims of, or 
witnesses to, a crime involving abuse or exploitation.

SEC. 540. APPLICABILITY.

  This subtitle and the amendments made by this subtitle shall apply to 
any action that commences on or after the date of enactment of this 
Act.

                               I. PURPOSE

    The purpose of S. 10, the Violent and Repeat Juvenile 
Offender Act, is to reform the role played by the Federal 
Government in addressing juvenile crime and delinquency in our 
Nation. The reform encompassed by this legislation is long 
overdue. Nearly a quarter century has passed since Congress 
enacted the Juvenile Justice and Delinquency Prevention Act of 
1974 (JJDPA).
    Yet, despite periodic reauthorizations and amendments to 
the JJDPA in succeeding years, no fundamental reassessment of 
the Federal role or the policies encouraged through the 
application of Federal resources has taken place. Congressional 
neglect of this issue has persisted despite profound societal 
changes that have occurred in the years since the JJDPA was 
enacted.
    These societal changes include the breakdown of the nuclear 
family, an explosion in the number of single parent households, 
the prevalence of two wage-earners in two-parent households, 
and the pervasiveness of coarse and destructive sexual and 
violent material available in popular culture. The changes in 
society have been reflected in the changed nature of juvenile 
crime and delinquency.
    When Congress enacted the JJDPA, the commission by 
juveniles of serious violent crimes such as homicide, rape, and 
robbery, was a relatively unknown phenomenon. The rate at which 
juveniles commit such crimes, however, has increased 
dramatically since that time. In 1994, the number of persons 
arrested overall for murder in the United States decreased by 
5.8 percent, but the number of persons younger than 15 years of 
age arrested for murder increased by 4 percent. The number of 
persons arrested for all violent crimes increased by 1.3 
percent, while the number of persons younger than 15 years of 
age arrested for violent crimes increased by 9.2 percent, and 
the number of persons younger than 18 years of age arrested for 
such crimes increased by 6.5 percent. From 1985 to 1996, the 
number of persons arrested for all violent crimes increased by 
52.3 percent, while the number of persons under age 18 arrested 
for violent crimes rose by 75 percent.
    These trends are alarming, especially in light of projected 
demographic trends. The number of juvenile offenders is 
expected to undergo a massive increase during the first two 
decades of the 21st century, culminating in an unprecedented 
number of violent offenders who are younger than 18 years of 
age.
    The current approach of the Federal Government in 
addressing juvenile crime is inadequate in a number of 
important areas, including the accountability of juvenile 
offenders, the maintenance and appropriate use of records of 
juvenile offenses, and the promotion and evaluation of 
effective and timely prevention and intervention programs 
designed to avert serious juvenile crime. It is the purpose of 
this legislation to reform law and Federal policy to address 
adequately the shortcomings of current Federal policy.
    The Committee has three key goals in recommending this 
legislation. First and foremost is encouraging policies to 
ensure accountability for juvenile crime. The Committee wishes 
to require that young people be held accountable for their 
criminal or delinquent acts from the start, and intends that 
accountability stand as a central feature of the Federal 
juvenile justice system in prosecuting violations of Federal 
law. The Committee believes that this Nation can no longer 
afford to wait until a youngster is 15 or 16 years old, or has 
committed half a dozen or more crimes, before he or she is held 
accountable for his or her actions. Rather, the Committee 
believes that better results will be attained, and the 
commission of more serious crimes by juveniles might be 
averted, if State, local and Federal governments impose 
meaningful sanctions for the earliest acts of juvenile crime 
and delinquency.
    Second, the Committee wishes to ensure that the most 
serious juvenile criminals--those young people who commit adult 
crimes, such as murder and rape--are punished as adults. No one 
wants to have to sentence a juvenile to a lengthy prison term. 
But, if a juvenile has committed a crime as heinous as that 
committed by the worst adult criminal, the Committee believes 
that the protection of society requires the imposition of such 
sanctions.
    The Committee also believes that the Federal, State, and 
the local governments together must ensure that the records of 
crimes and delinquent acts are maintained and appropriately 
made available for the protection of society. Records of 
criminal or delinquent acts committed by juveniles should not 
be destroyed simply because the offender reaches adulthood. 
Members of society have a right to know who among them are 
repeat and violent offenders.
    Third, it is the Committee's goal to reform Federal aid to 
State and local youth crime programs by modifying Federal 
mandates that, in many instances, have stifled innovative State 
efforts to address violent youth crime. The Committee also 
wishes to provide additional Federal resources to the States 
and local governments to improve programs for the prosecution, 
incarceration, and treatment of juvenile criminals, for 
innovative and effective prevention efforts, and for the 
maintenance, improvement, and distribution of juvenile criminal 
records, while at the same time streamlining and coordinating 
diverse Federal efforts.
    Consistent with the Committee's goals, the legislation it 
recommends has three essential components. The first component 
is the reform of procedures for handling the very few cases 
each year in which a juvenile is prosecuted for a Federal crime 
in Federal court. While the number of Federal prosecutions of 
juveniles each year is tiny in comparison to the gravity of the 
national problem, we must ensure that these cases are handled 
appropriately. The Committee also expects that U.S. Attorneys 
will assist State and local law enforcement by increasing in 
appropriate cases the number of juvenile prosecutions that are 
brought by the Federal Government. The legislation that the 
Committee recommends provides local U.S. Attorneys with 
discretion to decide whether to prosecute as adults juveniles 
who commit Federal serious violent or serious drug crimes, and 
gives the Attorney General discretion to order Federal 
prosecution as adults of juveniles who commit other Federal 
felonies. The bill recommended by the Committee will ensure 
that juveniles who are tried and convicted of Federal crimes as 
adults serve their full sentences and pay restitution to their 
victims on the same basis as adult offenders. This legislation 
will ensure that Federal juvenile criminal records are 
available to law enforcement, courts, and schools. The 
legislation also will ensure no Federal juvenile offender is 
celled with an adult offender.
    The second component of the Committee recommendation 
addresses the increasing national problem of interstate gangs, 
which frequently recruit juveniles. This component of the bill 
recommended by the Committee is directed at this menace. It 
beefs up the Federal anti-gang statute, by permitting Federal 
prosecution of gang criminals who commit two or more gang-
related crimes, such as drug dealing, witness intimidation, 
extortion, drug money laundering, and drive-by shootings. 
Convictions will result in a 10-year mandatory minimum penalty 
and the criminal forfeiture of gang-related assets. The bill 
also addresses the interstate recruitment of gang members and 
criminalizes the recruitment of anyone, and especially minors, 
into criminal gangs.
    The third component of the Committee recommendation 
reauthorizes, reforms and streamlines the JJDPA. This component 
is premised on the idea that Washington does not always know 
best, and that Federal assistance should empower States to 
experiment and make progressive reforms that both get tough on 
the worst juvenile criminals and deter other young people from 
getting involved in crime, gangs and drugs. The Committee 
recommendation maintains, with some modifications, the current 
State formula grant program, known as part B, for juvenile 
justice programs. The changes to this program recommended by 
the Committee place a greater emphasis on accountability-based 
juvenile justice programs and modify several mandates in 
current law. For example, the Committee recommends modification 
of the Federal requirement that States not incarcerate 
juveniles for status offenses, such as curfew violations. The 
Committee also believes that the Federal Government should not 
require the States to ensure that minority youths are only 
incarcerated in proportion to their representation in the 
population at large. Rather, the Committee believes that crime 
control and prevention policies should be race-neutral, and 
that such efforts should be targeted at those neighborhoods in 
which the most crime occurs. One condition that the Committee 
firmly believes must remain a condition on the receipt of 
Federal assistance to State and local juvenile justice systems, 
however, is that no juvenile should ever be put in the same 
cell as an adult prisoner.
    The bill that the Committee recommends creates an incentive 
block grant program for the States to continue enactment of 
progressive reforms, such as accountability-based juvenile 
justice systems. These block grants may be used for a multitude 
of purposes, such as incarceration, graduated sanctions, 
serious and habitual offender programs, and juvenile criminal 
record sharing. To qualify for the grants, however, the 
Committee recommends that States do the following:
    (1) treat serious violent juvenile criminals as adults;
    (2) make the criminal records of these juveniles available 
to law enforcement, courts, and schools;
    (3) perform drug tests on an appropriate category of 
juvenile offenders;
    (4) use local advisory groups; and
    (5) permit religious organizations to participate in grant 
programs on the same basis as any other private group.
    Finally, the Committee recommendation streamlines Federal 
efforts to stop youth violence by making the renamed Office of 
Juvenile Crime Control and Accountability (currently, the 
Office of Juvenile Justice and Delinquency Prevention) in the 
Department of Justice responsible for coordinating all Federal 
programs targeted at juvenile crime. The Office will have the 
authority to coordinate budgets for all of these programs and 
will be required to provide Congress with a Federal plan to 
combat juvenile crime. The Committee finds quite important the 
need for evaluation of juvenile anticrime programs, in order to 
help ensure that future Congresses have available more complete 
information on which programs are effective at preventing and 
controlling juvenile crime and delinquency.
    The Committee recommendation does not reflect a 
``Washington-knows-best'' philosophy. Nor is it a total 
repudiation of all that has come before. S. 10, as recommended 
by the Committee, however, does recognize the changes that have 
occurred in juvenile justice in the last decade.
    The Committee believes that the 1974 JJDPA has largely 
achieved its purpose in improving the conditions of detention 
and incarceration of juveniles. Moreover, the Committee has 
confidence in the States' abilities to utilize sound juvenile 
correctional policies. Thus, in the Committee's view, it is 
time to change the focus of the JJDPA, to reflect these 
successes and provide assistance and encouragement to the 
States in other areas of juvenile justice policy, including 
accountability based sanctions, improvement of criminal history 
records, and drug testing to assess and reduce the use of 
illegal drugs as a factor in juvenile crime.
    The Committee does not believe that anything in S. 10 
should be viewed as an indictment of State and local efforts in 
combating serious and violent juvenile crime. Indeed, the 
States for several years have been far ahead of the Federal 
Government in implementing innovative reforms of their juvenile 
justice systems. For example, between 1992 and 1996, of the 50 
States and the District of Columbia, 48 made substantive 
changes to their juvenile justice systems.1
---------------------------------------------------------------------------
    \1\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``State Responses to Serious and Violent 
Juvenile Crime,'' July 1996 (hereinafter, ``State Responses,''), at xv.
---------------------------------------------------------------------------
    Among the trends in State law changes are the removal of 
more serious and violent offenders from the juvenile justice 
system, in favor of criminal court prosecution; new and 
innovative disposition/sentencing options for juveniles; and 
the revision, in favor of openness, of traditional 
confidentiality provisions relating to juvenile proceedings and 
records.2 As the OJJDP noted in July, 1996,
---------------------------------------------------------------------------
    \2\ Id. at xi.

          These trends represent both a reaction to the 
        increasingly serious nature of juvenile crime and a 
        fundamental shift in juvenile justice philosophy. * * * 
        Inherent in many of the changes is the belief that 
        serious and violent juvenile offenders must be held 
        more accountable for their actions. * * * Toward that 
        end, dispositions are to be offense based rather than 
        offender based, with the goal of punishment as opposed 
        to rehabilitation.
          The trend toward redefining the purpose of the 
        juvenile justice system represents a fundamental 
        philosophical departure, particularly in the handling 
        of serious and violent juvenile offenders. This change 
        has resulted in dramatic shifts in the areas of 
        jurisdiction, sentencing, correctional programming, 
        confidentiality, and victims of crime.3
---------------------------------------------------------------------------
    \3\ Id.

    While the States have been making fundamental changes in 
their approaches to juvenile justice, however, the Federal 
Government has made no significant change to its approach and 
has done little to encourage State and local 
reform.4 Thus, the juvenile justice terrain has 
shifted beneath the Federal Government, leaving its programs an 
policies out of step and in major part irrelevant to the needs 
of State and local governments. It is the Committee's intent in 
recommending enactment of S. 10 to correct this imbalance 
between State and Federal juvenile justice policy, and ensure 
that Federal programs support the needs of State and local 
governments.
---------------------------------------------------------------------------
    \4\ For instance, the major Federal enactment relating to crime 
during this period, the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law No. 103-322, 108 Stat. 1796 (Sept. 13, 1994)), made 
only modest changes to the Federal juvenile code and, although it 
included authorization for numerous programs intended to prevent crime, 
few (if any) of these programs could be described as supporting the 
types of reforms being enacted by the States.
---------------------------------------------------------------------------

                             II. DISCUSSION

              A. The Nature of the Juvenile Crime Problem

    Towards the end of the 19th century, States began to 
establish juvenile justice systems. This shift was animated by 
the belief that juveniles were not as culpable as adults for 
their actions and by the hope that, in treating juveniles 
separately and with an eye toward rehabilitation, rather than 
punishment, juvenile offenders would be reformed and thereby 
would avoid committing more and more serious crimes. At that 
time, juveniles committed fewer and less violent crimes than 
they commit today. Unfortunately, the background and social 
context against which the Committee has assessed reform of the 
Federal role in the juvenile justice system has changed 
considerably--and for the worse--since the first State juvenile 
justice systems were created.5
---------------------------------------------------------------------------
    \5\ As noted in section I of this report, the States have been 
aggressively responding to the changed nature of juvenile crime with 
new and innovative policies.
---------------------------------------------------------------------------
    During the last quarter of this century, offenders have 
committed crimes at an alarming rate. ``A murder is reported to 
the police every 21 minutes, a forcible rape every 5 minutes, a 
robbery every 48 seconds and an aggravated (serious) assault 
every 28 seconds. A motor vehicle theft is reported to the 
police every 20 seconds, a burglary every 11 seconds and a 
larceny-theft every 4 seconds.'' 6 ``Over a 
lifetime, the average man in our society has an 89-percent 
probabilityof being a victim of an attempted crime of violence 
and the average woman has a 73-percent probability, although half of 
the attempts are not completed.'' 7 Many such offenses are 
now also being committed by juveniles.
---------------------------------------------------------------------------
    \6\ Morgan O. Reynolds, National Center for Policy Analysis, 
``Crime and Punishment in America,'' Policy Report No. 193, at 1 (June 
1995).
    \7\ Id.
---------------------------------------------------------------------------
    The past decade has witnessed a dramatic increase in both 
the number and seriousness of the crimes committed by 
juveniles. Juveniles today commit murder, rape, robbery, and 
drug trafficking offenses at a rate unimagined when the 
juvenile justice system was adopted. There was a 50-percent 
increase in the rate of juvenile arrests for violent crimes 
between 1988 and 1994. Juvenile courts handled 98 percent more 
cases in 1994 than in 1985 involving offenses included in the 
Federal Bureau of Investigations Violent Crime Index: homicide, 
rape, robbery, and aggravated assault. During that period, 
homicide cases increased 144 percent, aggravated assault cases 
grew 134 percent, robbery cases were up 53 percent, and cases 
of forcible rape climbed 25 percent. From 1985 to 1994, the 
percentage increase in arrests has been greater for juveniles 
than adults. Thirty-five percent of all 1994 juvenile arrests 
involved people under age 15.
    Presently, juveniles commit homicides at a rate never 
before seen or imagined. For example, the number of juveniles 
committing homicide increased nearly threefold from 1984 to 
1994, with more than 2,800 juveniles committing homicide in 
1994. The number of 12- to 14-year-old homicide offenders rose 
174 percent from 1984-94. From 1980 through 1994 there have 
been more than 26,000 known juvenile homicide offenders. From 
1980 through 1994, juveniles killed 27,000 people. More than 
2,300 people were killed by juveniles in 1994 alone, which was 
more than 2.5 times the number in 1984.8
---------------------------------------------------------------------------
    \8\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``Juvenile Offenders and Victims: 1996 Update 
on Violence,'' at 22.
---------------------------------------------------------------------------
    Juveniles commit other serious crimes. From 1985 to 1994, 
50 percent of the increase in robberies is attributable to 
juveniles. Nearly one-third of all persons arrested in 1994 for 
robbery were below the age of 18. Juveniles accounted for 55 
percent of all arrests in arson-related case and 36 percent of 
burglaries. In the decade preceding 1994, juveniles were 
responsible for 48 percent of the increase in forcible 
rapes.9
---------------------------------------------------------------------------
    \9\ Id. at pp. 13, 20.
---------------------------------------------------------------------------
    There also has been a considerable increase in juvenile 
criminal gang activity. For example, the Los Angeles District 
Attorney's Office estimated that in May 1992 there were 1,000 
gangs with 150,000 members in Los Angeles County; that, in 
1992, gangs had been responsible for virtually all of the 
growth in the number of homicides since 1984; and that half of 
all gang members participate in violence. Between 1982 and 
1992, the number of gang-related homicides in the Los Angeles 
County handled by the L.A.P.D. and the County Sheriff's 
Department rose from 158 to 618. According to the FBI, killings 
by juvenile gang members increased 500 percent between 1980 and 
1994, making this one of the fastest-growing crimes in the 
United States.'' 10
---------------------------------------------------------------------------
    \10\ U.S. Department of Justice, Federal Bureau of Investigation, 
``FBI Law Enforcement Bulletin,'' at 21 (October 1996) (footnote 
omitted).
---------------------------------------------------------------------------
    Other cities have suffered from the same growth in gang 
activity. Consider Chicago. According to the Chicago Police 
Department Detective Division, street gangs committed a great 
number of violent crimes in 1994 and 1995. In 1994, 293 of the 
930 murders (32 percent) were attributed to street gangs, and, 
in 1995, 212 of the 827 murders (26 percent) were attributed to 
street gangs. The percentage of juveniles committing murder 
also was on the rise. The proportion of murders committed by 
minors rose from 9 percent in 1985 to 28 percent in 1994. Gangs 
commit a considerable number of offenses in Chicago. In 1995, 
218 homicides, 2,245 assaults, 495 robberies/thefts (not 
including burglaries), 780 weapon possession cases, 1,529 
instances of threatening or intimidation, 11,083 vice offenses, 
644 cases of criminal damage to property, 10 sexual assaults, 
and 2 arsons, were all gang-related offenses.11
---------------------------------------------------------------------------
    \11\ Deborah Lamm Weisel & Ellen Painter, ``The Police Response to 
Gangs,'' at 24-25 (1997).
---------------------------------------------------------------------------
    With the rise in gangs has come the rebirth of a crime 
perhaps not widely seen since the days of Prohibition: drive-by 
shootings. In Los Angeles, between 1979 and 1986 that number 
varied between 22 and 51, but in 1987 the death toll from 
drive-by shootings rose to 57, the following year to 71, and 
the year after that to 110.12 In 1996, Salt Lake 
City, UT, experienced an unprecedented 208 gang-related drive-
by shootings. Moreover, juveniles gangs have migrated from 
jurisdictions, such as Los Angeles, to communities across the 
Nation, thereby spreading widely the scourge of gang violence 
to small towns and rural communities.
---------------------------------------------------------------------------
    \12\ Malcolm Gladwell, ``The Tipping Point'' at 5 (October 1996), 
reprinted from The New Yorker (June 3, 1996).
---------------------------------------------------------------------------
    Many observers believe that we have not yet seen an end to 
the growth in violent juvenile crime. Juvenile arrest for 
murder are projected to increase 145 percent from 1992 to 2010; 
aggravated assault rates, would increase 129 percent. The 
Department of Justice predicted that, if current trends 
continue, as they have over the past 10 years, juvenile arrests 
for violent crime will more than double by the year 
2010.13
---------------------------------------------------------------------------
    \13\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``Juvenile Offenders and Victims: 1996 Update 
on Violence,'' at 15.
---------------------------------------------------------------------------
    To be sure, juvenile murder arrests declined 14 percent 
from 1994 to 1995, and the number of juvenile arrests for 
murder in 1995 was 9 percent below the level in 1991. That 
number was 90 percent above the number of juvenile murder 
arrests in 1986. Moreover, juvenile arrests from index property 
crimes did not change from 1991 to 1995, and the decline in 
juvenileburglary arrests (11 percent) and motor vehicle theft 
arrests (17 percent) were offset by the 6-percent increase in juvenile 
arrests for larceny-theft, the highest volume offense category for 
juveniles. Juveniles were involved in 13 percent of all drug arrests in 
1995, a 138-percent increase since 1991. Recent figures therefore do 
not supply a sound basis for believing that juvenile crime has 
peaked.14
---------------------------------------------------------------------------
    \14\ N. Howard Snyder, ``Juvenile Justice Bulletin--Juvenile 
Arrests 1995,'' U.S. Department of Justice, Office of Justice Programs, 
Office of Juvenile Justice and Delinquency Prevention, at 1.
---------------------------------------------------------------------------

                          B. Youth Drug Abuse

    Recent data on trends in youth drug abuse indicate that it 
continues to be a problem spiraling out of control. Juvenile 
drug arrests increased 42 percent between 1993 and 
1994.15 The administration lauds the latest findings 
of the National Household Survey on Drug abuse as enormously 
encouraging despite the fact that there were, according to the 
Department of Health and Human Services statisticians ``not 
statistically significant reductions'' in several key finding 
areas. For instance, the survey found that, in the past year 
use of ``any illicit drug'' was down 7 percent among the 12 to 
17 age group. The survey also found that past year marijuana 
use is down 8 percent among this age group.
---------------------------------------------------------------------------
    \15\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``Juvenile Offenders and Victims: 1996 Update 
on Violence,'' at 11.
---------------------------------------------------------------------------
    A closer examination of these statistics, however, reveals 
startling data concerning other facets of youth drug trends. 
For instance, the age in which children first experiment with 
drugs remains dangerously low. The first use of marijuana 
remains at 16.7 years of age--the lowest level ever recorded, 
with estimates going back to 1963. Among members of the Class 
of 1996, fully 21.9 percent reported to have used marijuana or 
hashish on at least a monthly basis. Nearly 50 percent percent 
of the Class of 1996 had used marijuana before graduation. 
Already at the lowest level since 1972, the mean age of first 
use of hallucinogens dropped to 17.7 years, its lowest level in 
20 years, while first use of cocaine again dropped to 19.1 
years of age.
    In addition, drug use among older teens and young adults 
continues to grow out of control. Past year marijuana use by 
18- to 20-year-olds increased 17 percent, and among this age 
group past year cocaine use was up 25 percent. Although at a 
far lower use level compared to these other drugs, heroin use 
among 18- to 25-year-olds escalated 200 percent.
    According to a report released by the National Center on 
Addiction and Substance Abuse (CASA) at Columbia University in 
September 1997, the proportion of eighth graders who reported 
that they had used marijuana by the seventh grade rose from 7.7 
percent in 1992 to 12.7 percent in 1996. The number of 9- to 
12-year-olds trying marijuana reportedly doubled from 2 percent 
in 1995 to 4 percent in 1996. Equally frightening, the 
proportion of eighth graders who had used heroin rose from 1.2 
percent in 1991 to 2.4 percent in 1996. This report also found 
that the number of 12- to 17-year-olds who know someone who 
uses heroin, cocaine, or LSD jumped from 39 percent in 1996 to 
56 percent this year, and the number of 12-year-olds who stated 
they knew a hard-drug user more than doubled in just 1 year, 
from 10.6 percent in 1996 to 23.5 percent in 1997.

                  C. Law Enforcement Versus Prevention

    There has been considerable debate within the criminal 
justice system and among members of the public over the 
appropriate emphasis to be placed on the importance of 
punishment and prevention. Some believe that increasing 
punishments cannot solve the juvenile crime problem, for 
example, because minors do not have the emotional maturity 
fully to gauge the consequences of their actions, and that some 
minors pay little or no attention to the potential long-term 
consequences of their actions, because they do not anticipate 
reaching adulthood. They contend that a massive construction 
campaign is prohibitively expensive in its own right and is 
both needlessly punitive and immoral if the same amount of 
crime reduction benefits can be accomplished without 
imprisonment. Finally they maintain that imprisoning juveniles 
merely produces more skilled and more violent offenders.
    By contrast, others maintain that the focus should be on 
punishment rather than on prevention, because punishment itself 
prevents crime, through its incapacitative and deterrent 
effects. They argue that prevention programs designed to 
strengthen dysfunctional families waste public funds and 
naively assume that government intervention in such matters can 
strengthen families; that prevention programs designed to 
provide after-school athletic programs or other activities for 
juveniles, while salutary in theory, oftentimes become little 
more than job programs for adults; the injuries suffered by 
victims are no less severe when the offender is a minor; that 
the costs of crime to society greatly outweigh the costs of 
incarceration to juvenile offenders; 16 that the 
profligate expenditure of money on intractable social problems 
serves no one but the politicians who vote for such programs; 
and it is immoral to subordinate the interests of law-abiding 
citizens to those of lawbreakers.
---------------------------------------------------------------------------
    \16\ ``Despite liberal rhetoric to the contrary, economic factors 
like poverty, a poor economy, low wage or income growth and high 
unemployment do not cause crime. If anything, the reverse is true: 
crime causes poverty and economic stagnation. Although the cost of 
building and maintaining more prisons is high, the cost of not doing so 
appears to be higher. A recent study by Brooking Institution 
researchers found that keeping most prisoners behind bars lowered their 
cost to society. Even at $25,000 a year, keeping the average criminal 
in prison is worthwhile, since on the streets he would commit an 
average of 12 or more nondrug crimes each year. For serious crimes, 
therefore, imprisonment pays for itself.'' Morgan O. Reynolds, National 
Center for Policy Analysis, ``Crime and Punishment in America,'' Policy 
Report No. 193, at 19 (June 1995).
---------------------------------------------------------------------------
    The Committee believes that both theories have their place 
in the juvenile justice system, but that the time has come to 
reassess the theoretical underpinnings of that system. The 
theory that ``there is no such thing as a bad kid'' no longer 
has merit in a day when juveniles committhe type of horrific 
crimes that are seen daily. At the same time, the Committee does not 
believe that all efforts at prevention should be abandoned. The bill 
that the committee recommends therefore does nothing of the kind. On 
the contrary, the bill reported by the Committee is quite generous 
regarding the amount of money that may be spent on juvenile crime 
prevention programs:

          Block Grant Prevention--$1 billion: The block grant 
        provision included in Title III of the youth violence 
        bill authorizes $2.5 billion over 5 years for State and 
        local youth violence block grants. Sixty percent of 
        block grant funds are earmarked for particular 
        programs: namely, juvenile detention, juvenile criminal 
        records upgrades, and drug testing of juvenile 
        offenders. The remaining forty percent--$1 billion--may 
        be spent on any enumerated grant purpose. These include 
        the following: (1) school or vocational programs as a 
        part of a court imposed sentence; (2) literacy or job 
        training programs; (3) substance abuse treatment; (4) 
        crime control or prevention programs, including 
        curfews, youth organizations, antidrug programs, 
        antigang programs, and after-school activities; (5) 
        anti-truancy programs; (6) coordinated multi 
        jurisdictional or multi agency programs for the 
        control, supervision, prevention, investigation, and 
        treatment of repeat serious or habitual juvenile 
        offenders (sometimes called ``SHOCAP''); and (7) gang 
        prevention programs.
          State Formula Grants--$750 million: The bill 
        reauthorizes, with some modifications, the State 
        formula grant program, as well the mentoring, boot 
        camp, and gang prevention parts of the existing 
        Juvenile Justice and Delinquency Prevention Act 
        (JJDPA). These all are prevention programs, and are 
        authorized for $150 million per year for 5 years.
          Boys and Girls Clubs in Distressed Areas--$80 
        million: The bill streamlines the grant authorization 
        signed into law last year as part of the Economic 
        Espionage Act that is providing seed money for the 
        expansion and construction of Boys and Girls Clubs in 
        distressed areas. The streamlined grant authorization 
        in the bill also funds a youth mentor speaker's 
        program.17
---------------------------------------------------------------------------
    \17\ Section 401 of the Economic Espionage Act of 1996, Public Law 
104-294, 110 Stat. 3496 (Oct. 11, 1996) authorized $100 million over 5 
years for Boys and Girls Clubs; 4 years, or $80 million, remains on the 
authorization.
---------------------------------------------------------------------------
          Flagship Boys and Girls Clubs--$15 million: The bill 
        authorized $15 million for the establishment of at 
        least three ``flagship'' state of the art boys and 
        girls clubs.
          High Intensity Interstate Gang Activity Area 
        Prevention--$200 million: The bill authorizes $200 
        million ($40 million per year) for community-based gang 
        prevention and intervention for gang members and at-
        risk youth in gang areas.
          Runaway and Homeless Youth Grants: These prevention 
        grants are reauthorized for a total of $100 million in 
        fiscal year 1998 and for sums as necessary for the next 
        4 fiscal years. Additionally, the Missing Children 
        grant program is reauthorized for sums as necessary for 
        fiscal years 1998 through 2002.
          Other Federal Government Prevention Programs: 
        According to the GAO, the Federal Government currently 
        spends more than $4 billion annually in prevention 
        money for juveniles, in 131 different Federal programs. 
        These include 21 gang intervention programs, 35 
        mentoring programs, 42 job training assistance 
        programs, 47 counseling programs, 44 self-sufficiency 
        programs, and 53 substance abuse intervention programs.

                               D. Title I

    1. In General.--In recommending this title, the Committee 
seeks to advance two goals. First and foremost, the Committee 
wishes to streamline the process for adjudicating or 
prosecuting the few juveniles who are charged each year with 
violations of Federal law. In the view of the Committee, the 
provisions of present law governing Federal juvenile cases, 
found in chapters 401 and 403 of title 18, United States Code, 
are unnecessarily complicated, overly restrict prosecutorial 
discretion, and insufficiently incorporate the principles of an 
accountability-based system of juvenile justice.
    Second, it is the Committee's hope that the revised Federal 
statute will more closely resemble the juvenile criminal laws 
of those States that have undertaken reform in recent years, 
while at the same time serving as a model for States which have 
not yet reformed their laws. Ultimately, the Committee hopes 
that reform of Federal laws will promote more uniform and 
accountability-based juvenile crime laws nationwide.
    2. Section 101--Repeal of General Provision.--This section 
repeals the provision of current law establishing the general 
practice of surrendering to State authorities juveniles 
arrested for the commission of Federal offenses. The Committee 
believes this provision to be anomalous, and inconsistent with 
the roles and duties of sovereign levels of government in our 
Federal system. The Committee believes that the Federal 
Government should assume responsibility for the prosecution of 
violations of Federal law, regardless of whether the offender 
is a juvenile or an adult, when, in the Federal Government's 
prosecutorial discretion, such violations merit prosecution. 
The Committee notes that there is no presumption of 
surrendering to State authorities adult offenders arrested for 
Federal offenses. It is the Committee's considered view that in 
this respect adult and juvenile violators of Federal law should 
be treated the same, and thus, the presumption of surrendering 
juvenile offenders to State authorities should be repealed. The 
Committee does not expect that the number of juveniles 
prosecuted or adjudicated in Federal court will increase 
inappropriately. The Committee expects that United States 
Attorneys and the Department of Justice will continue to 
exercise measured discretion in prosecuting violations 
ofFederal law committed by juveniles.
    3. Section 102--Treatment of Federal Juvenile Offenders.--
This section revises section 5032 of title 18, United States 
Code, governing the circumstances under which a juvenile may be 
tried for a violation of Federal law in a district court of the 
United States. Like section 101, this section eliminates the 
presumption for most offenses that a juvenile alleged to have 
committed an act of juvenile delinquency should be surrendered 
to State authorities.
    This section also revises the provisions of 18 U.S.C. 5032, 
relating to charging decisions in Federal juvenile cases. With 
regard to Federal offenses that are serious violent felonies or 
serious drug offenses, this section vests in the United States 
Attorney the discretion to proceed against the alleged juvenile 
offender as an adult. With regard to all other Federal 
felonies, the discretion of whether to prosecute an alleged 
juvenile offender as an adult is vested in the Attorney General 
of the United States, who in turn may delegate this authority 
within the Justice Department or to U.S. Attorneys. Federal 
misdemeanors committed by juveniles would always be prosecuted, 
if at all, in juvenile delinquency proceedings, rather than in 
adult criminal proceedings. Additionally, it is the Committee's 
intent that the decision to proceed in juvenile delinquency 
proceedings against a juvenile alleged to have committed an act 
that, if committed by an adult would be a Federal crime, will 
always be at the discretion of the U.S. Attorney.
    The prosecutorial discretion of the U.S. Attorney or the 
Attorney General would not be limited by current certification 
requirements, which provide that the Attorney General certify 
to the court, inter alia, that ``the juvenile court * * * of a 
State does not have jurisdiction or refuses to assume 
jurisdiction * * *, the State does not have available programs 
and services adequate for the needs of juveniles,'' or that the 
offense is one of an enumerated list of Federal drug or 
firearms offenses. The Committee notes that according to data 
provided by the Bureau of Justice Statistics, in 1995 U.S. 
Attorneys declined to proceed against approximately 75 
juveniles that they felt should have been prosecuted or 
adjudicated in Federal court, because the U.S. Attorney was 
unable to make the necessary certification in Federal court. 
\18\
---------------------------------------------------------------------------
    \18\ U.S. Department of Justice, Bureau of Justice Statistics, 
``Bureau of Justice Statistics Special Report: Juvenile Delinquents in 
the Federal Criminal Justice System'' (January 1997).
---------------------------------------------------------------------------
    It is important to note that this provision affects only 
the internal procedure by which the Federal Government can 
bring prosecution that is within Federal jurisdiction under 
another law. This provision does not enlarge the criminal 
subject matter jurisdiction of the United States. For a 
juvenile to be proceeded against in a court of the United 
States, either as an adult or as a juvenile, the offense must 
be a violation of Federal law. For example, this bill does not 
make a Federal crime out of an ordinary shoplifting offense or 
a simple assault committed by a juvenile that was not otherwise 
within Federal jurisdiction. Such offenses would remain State 
law crimes.
    The Committee, however, believes that the Attorney General 
and U.S. Attorneys should be free to prosecute Federal crimes 
in addition to serious violent crimes and serious drug crimes. 
There are numerous Federal offenses that a juvenile might 
commit that are neither violent nor drug crimes, but for which 
only Federal law provides an adequate prosecutorial remedy.
    In addition, this section provides the uniform age of 14 at 
which a juvenile alleged to have committed a Federal offense, 
may be prosecuted as an adult. Current law provides for the 
transfer to adult status (subject to court approval) at age 15 
for juveniles alleged to have committed some offenses, and at 
age 13 for juveniles alleged to have committed certain other 
offenses. Additionally, juveniles 16 years old or older alleged 
to have committed certain violent Federal offenses and who 
previously have been found guilty of a similar offense, are 
subject to mandatory transfer to adult status. It is the 
Committee's view that the clarity of the law and the 
administration of justice will be enhanced by a uniform age of 
14 for transfer to adult status of juveniles alleged to have 
committed any Federal felony at the judicially unreviewable 
discretion of either the U.S. Attorney or the Attorney General. 
Many States use 14 as the age for either the mandatory or 
discretionary transfer of a juvenile to adult court. This 
amendment therefore is fully consistent with that trend.
    This section also provides that the same sentencing 
policies and procedures applicable to persons who were adults 
at the time of the offense shall apply to cases in which a 
juvenile is prosecuted as an adult. The Committee intends this 
provision to clarify, rather than change, current law and 
practice. In particular, in recommending this clarification to 
the law, the Committee does not intend to create an implication 
that juveniles arrested, charged, and convicted as adults for 
crimes committed prior to the enactment of the Violent and 
Repeat Juvenile Offender Act are not subject to the same 
penalties, sentencing policies, and sentencing procedures as 
other adult defendants. Additionally, it is the Committee's 
intention that until Sentencing Guidelines for juveniles tried 
as adults are promulgated by the Sentencing Commission pursuant 
to the amendments made by section 111, the current adult 
guidelines shall continue to apply to such defendants.
    4. Section 103--Definitions.--This section provides 
definitions for chapter 403 of title 18, United States Code, 
and includes definitions of the terms ``adult inmate,'' 
``prohibited physical contact,'' and ``sustained oral 
communication'' to ensure that juveniles incarcerated pursuant 
to conviction or adjudication of delinquency in Federal court 
are protected from abuse by adult inmates. In recommending this 
provision, the Committee does not intend to limit the Attorney 
General's discretion in the selection of appropriate facilities 
for the incarceration or detention of juveniles, or to preclude 
the use of facilities that incarcerate both juveniles and 
adults (``co-located facilities'). Additionally, the Committee 
does not intend the terms ``prohibited physical contact'' or 
``sustained oral communication'' to preclude the incarceration 
of juveniles in co-located facilities utilizing shared staff or 
infrastructure, such as cafeterias, yards, gymnasiums, or 
health care facilities.
    This section also includes a definition of the term 
``juvenile delinquency.'' The Committee specifically intends 
that the reference to ``violation of a law of the United 
States'' in this definitioninclude violations of 18 U.S.C. 13, 
the Assimilated Crimes Act.
    5. Section 104--Notification after Arrest.--The Committee's 
intent in recommending this section is to conform existing law 
relating to the arrest notification requirements applicable 
when a juvenile is arrested for a Federal offense with the 
procedural changes made in section 102. The Committee intends 
to provide greater flexibility to arresting authorities with 
regard to notification of the arrested juvenile's parents, and 
to clarify that the provisions protecting juvenile inmates from 
abuse by adult inmates apply during the post-arrest period in 
order to protect juveniles from abuse when they are arrested on 
Federal charges.
    6. Section 105--Release and Detention Prior to 
Disposition.--The Committee intends this provision, which 
provides, inter alia, that juveniles who are to be prosecuted 
as adults are subject to pretrial release on the same terms as 
other adult defendants, to clarify current law in this regard. 
In recommending this clarification to the law, the Committee 
does not intend to create an implication that juveniles 
arrested and charged as adults prior to the enactment of the 
Violent and Repeat Juvenile Offender Act are not subject to 
detention on the same terms as other adult defendants. 
Additionally, this section ensures that appropriate penalties 
are imposed on juveniles, particularly juveniles being 
prosecuted as adults, who commit a Federal crime while on 
pretrial release. Finally, the Committee intends this section 
to clarify that the provisions protecting juvenile inmates from 
abuse by adult inmates apply during the pretrial detention 
period in order to protect from abuse juveniles arrested on 
Federal charges.
    7. Section 106--Speedy Trial.--The Committee is concerned 
that as the nature of the crimes committed by juveniles becomes 
more serious, the provisions of current law relating to speedy 
trials in juvenile cases are inadequate to ensure that justice 
is done. More serious and complex crimes require greater 
preparation on the part of both the prosecution and the 
defendant to ensure a fair and just trial. The Committee 
believes that this section makes appropriate changes current 
law, to apply to Federal juvenile criminal cases the same time 
limits and tolling periods that apply in adult cases.
    8. Section 107--Dispositional Hearings.--The Committee 
intends this section to reform the penalties available to a 
Federal court in sentencing a juvenile adjudicated delinquent 
(i.e., not tried as an adult) for a violation of Federal law. 
First, this section ensures that adequate time is available to 
the court to make sentencing decisions, by extending from 20 to 
40 days the amount of time which may elapse between the finding 
of delinquency and sentencing (otherwise known as 
``dispositional hearings''). The Committee believes this 
provision to be appropriate in light of the increasing 
complexity of juvenile delinquency cases.
    Second, this section provides explicit recognition of the 
rights of victims, by ensuring the right of allocution during 
dispositional hearings.
    Third, this section broadens the range of penalties 
available to Federal judges in sentencing delinquent juveniles, 
by extending the possible term of probation or supervised 
release to the same length of time that would be available for 
an adult defendant, and by extending from age 21 to age 26 the 
maximum age until which a juvenile may be held when he is 
sentenced to detention for an act of juvenile delinquency under 
Federal law. The increase in the authorized period of 
incarceration will allow a juvenile sentenced to such an 
extended term of confinement to receive the benefits of 
whatever educational or rehabilitative opportunities that are 
available at the detention facility (e.g., drug treatment, 
counseling, etc.).
     In recommending this provision, it is the Committee's 
intent to encourage delinquency sentencing that will effectuate 
an accountability-based juvenile justice system with 
substantial and appropriate sanctions that are graduated to 
reflect the severity or repeated commission of delinquent acts. 
The Committee intends that judicial discretion in sentencing 
juvenile delinquency defendants under this section will be 
governed by the application of the delinquency dispositional 
hearing guidelines, once those guidelines are promulgated 
pursuant to section 111.
    9. Section 108--Use of Juvenile Records.--The Committee 
intends this section to expand the use and availability of 
Federal criminal records of juveniles convicted for or 
adjudicated delinquent for a violation of Federal law. It is 
the Committee's strong view that, if juvenile offenders are to 
be held accountable for their criminal or delinquent acts, the 
records of their offenses must be made available in appropriate 
circumstances. In particular, such records need to be available 
to all courts, police, and prosecutors, available to support 
the effectuation of the rights of victims of the juvenile's 
offense, and available to schools and educational institutions. 
In all cases in which a juvenile is prosecuted as an adult, the 
Committee's recommended legislation provides that records shall 
be made available in the same manner as they are in the case of 
adult defendants.
    10. Section 109--Implementation of a Sentence for Juvenile 
Offenders.--The Committee intends this section to expand and 
clarify provisions of current law governing detention of a 
juvenile convicted or adjudicated delinquent for a Federal 
offense. In addition to clarifying current provisions relating 
to the incarceration of juveniles pursuant to a Federal 
conviction or adjudication of delinquency, the Committee in 
recommending this section provides that sentences of juveniles 
involving the payment of a fine or restitution, probation, or 
supervised release are implemented in the same manner as are 
such sentences in the case of adult defendants. The Committee 
notes that its recommendation specifically ensures that 
juveniles under the age of 18 are protected from abuse by adult 
inmates.
    The Committee further notes that the provision it 
recommends specifically bars making the parent, guardian, or 
custodian of a juvenile liable for payment of a fine, special 
assessment, or restitution order. The Committee recommends this 
provision because of its concern over the potential 
unconstitutionality of holding persons other than the defendant 
liable for fulfillment of the requirements of a criminal 
sentence. The Committee further notes, however, that this 
provision is not intended to impair an otherwise legal and 
appropriate forfeiture of assets under applicable State or 
Federal law, or to impair any civil suit brought appropriately 
in Federal or State court against a parent, guardian, or 
custodian of a juvenile convicted of an offense or adjudicated 
delinquent.
    11. Section 110--Magistrate Judge Authority Regarding 
Juvenile Defendants.--This provision amends 18 U.S.C. 3401(g) 
to give U.S. magistrate judges expanded authority over juvenile 
defendants in two ways: (1) by providing magistrate judges with 
authority to try juvenile defendants charged with Class A 
misdemeanors; and (2) by providing magistrate judges with 
authority to sentence juvenile defendants to terms of 
imprisonment in petty offense and misdemeanor cases. The 
Committee notes that Federal courts have now had more than 25 
years of experience with the Federal magistrate system. 
Magistrate judges now try and sentence nearly all adult Federal 
misdemeanor defendants. In Class B misdemeanors involving a 
motor vehicle offense, Class C misdemeanors, and infractions, 
the requirement that a defendant, either adult or juvenile, 
must consent to the jurisdiction of a magistrate judge has been 
eliminated by the Federal Courts Improvement Act of 
1996.19 Moreover, with the 1984 enactment of the 
Bail Reform Act, 18 U.S.C. 3141 et seq., magistrate judges 
began exercising broad authority to order the pretrial 
detention of criminal defendants, sometimes for extended 
periods of time.
---------------------------------------------------------------------------
    \19\ Public Law 104-317, 110 Stat. 3847 (Oct. 19, 1996).
---------------------------------------------------------------------------
    Under the Juvenile Delinquency Act, magistrate judges have 
the authority to detain juvenile defendants before trial. See 
18 U.S.C. 5034 and 5035. This results in a curious paradox: 
magistrate judges may order the pretrial detention of juvenile 
defendants who have committed felonies, yet are forbidden to 
sentence a juvenile to even a minimal prison sentence for 
committing a petty offense. Under the current system, 
magistrate judges may not even punish a juvenile defendant who 
violates a probation or a supervised release term, except to 
impose an additional term of probation or supervised release. 
Under these circumstances, the Committee believes that it is 
appropriate to give magistrate judges the authority to impose 
sentences of imprisonment upon juvenile defendants in 
misdemeanor cases.
    In the Committee's view, these amendments would enhance 
judicial efficiency by permitting magistrate judges to preside 
over all misdemeanor cases, including Class A misdemeanor 
cases, that involve juvenile defendants, and by providing them 
with the authority to sentence juvenile defendants to terms of 
imprisonment in petty offense and misdemeanor cases.
    12. Section 111--Federal Sentencing Guidelines.--The 
Sentencing Reform Act of 1984 empowed, without requiring, the 
United States Sentencing Commission to ``study the feasibility 
of developing guidelines for the disposition of juvenile 
delinquents.'' 20 To date, however, the Commission 
has not addressed this issue. The Committee believes that with 
the increasing severity of juvenile crime, the time has come 
for the development of sentencing and adjudication guidelines 
for use in Federal juvenile cases.
---------------------------------------------------------------------------
    \20\ 28 U.S.C. 995(a)(19).
---------------------------------------------------------------------------
    The provision the Committee recommends requires the 
Sentencing Commission to promulgate guidelines for use in 
sentencing juveniles tried as adults, as well as separate 
guidelines for use in dispositional hearings for juveniles 
tried as juveniles and adjudicated delinquent for violations of 
Federal law. With regard to sentencing guidelines for juveniles 
tried as adults, the Committee strongly emphasizes its view 
that, in developing the guidelines, the Sentencing Commission 
should presume the appropriateness of existing adult guideline 
sentences for juveniles tried as adults. The Commission may 
make adjustments to sentence lengths and provisions governing 
downward departures that reflect the specific interests and 
circumstances of juvenile defendants. The Committee intends 
that such interests and circumstances are primarily the age and 
maturity of the juvenile at the time of the offense, and notes 
that, in most instances, the prosecution of a juvenile as an 
adult should be conclusive that the juvenile is of the age and 
has the maturity to understand the adult nature of his or her 
criminal acts.
    Regarding dispositional guidelines for juveniles tried as 
juveniles, the Committee intends these guidelines to provide 
greater flexibility in fashioning a sentence that combines 
differing permissible sanctions, such as detention, supervised 
release, fines, and restitution to implement an accountability-
based juvenile justice system that provides substantial and 
appropriate sanctions, which are graduated to reflect the 
severity or repeated commission of delinquent acts. While 
restitution would remain permissive in Federal delinquency 
adjudications under the Committee's recommendation, the 
Committee urges the Sentencing Commission to include in its 
dispositional guidelines a presumption in favor of restitution.
    13. Section 112--Study and Report on Indian Tribal 
Jurisdiction.--The Committee notes that the provision it 
recommends in section 102, inter alia, strikes the so called 
``tribal opt-in'' provision. The tribal opt-in provision was 
added to 18 U.S.C. 5032 in 1994, and restricts, in cases 
arising on tribal lands, the transfer to adult status of 
juveniles ages 13 to 15 accused of certain offenses unless the 
governing body of the tribe has elected to permit such 
transfers.
    In light of the Committee's decision in recommending, in 
section 102, a uniform age of 14 years for the transfer of 
juveniles accused of a Federal offense to adult status, and a 
broadening and simplification of the felony offenses for which 
a juvenile may be prosecuted as an adult in Federal court, it 
is the Committee's view that the opt-in provision of current 
law is obsolete. The Committee notes that the opt-in provision 
has been an extremely narrow exception from its enactment in 
section 140001 of the Violent Crime Control and Law Enforcement 
Act of 1994; 21 it applies only to a very narrow 
range of juveniles aged 13 to 15, alleged to have committed 
certain crimes of violence and sexual assault. The Committee's 
recommended reform of 18 U.S.C. 5032, which repeals the 
classification of transfers to adult status by age and offense, 
also obviates the justification for a narrow opt-in provision.
---------------------------------------------------------------------------
    \21\ Pubic Law 103-322, 108 Stat. 2031 (Sept. 13, 1994).
---------------------------------------------------------------------------
    The Committee is aware of proposals that would reinstate an 
opt-in provision, and would apply the opt-in to all transfers 
of juveniles to adult status in cases in which Federal 
jurisdiction is predicated solely on the occurrence of the 
criminal act in Indian country. The Committee specifically and 
emphatically rejects such proposals as inappropriate.
    Present tribal court jurisdiction is limited. Currently, 
such courts have no felony jurisdiction. Thus, the effect of an 
opt-in provision would be to preclude the felony prosecution as 
adults of juveniles in Indian country. It would be unreasonable 
for Federal law to limit the penalty for crimes such as murder, 
rape, robbery or burglary to only 1 year's imprisonment. In the 
Committee's view, limiting the authority of the Federal 
Government to prosecute Native American defendants for crimes 
committed in Indian country would do a disservice to the 
innocent persons, both Native Americans and others, who live in 
Indian country and who are the victims or potential victims of 
crime. What is more, the Committee believes that, because of 
the sentencing disparity on tribal lands, opt-in system 
proposed by some would have the abhorrent effect of encouraging 
some persons to commit murder, rather than simple assault, 
because there would be no significant additional punishment 
imposed for eliminating a witness to the crime. That 
possibility clearly must be avoided. Yet, that is what 
advocates for the opt-in system urge on Indian country.
    Indeed, some evidence already exists that under present 
law, insufficient penalties are imposed to address violent 
juvenile crime in Indian country. The Committee's concerns have 
been confirmed by recent testimony by the Department of Justice 
at a joint hearing before the Senate Committees on the 
Judiciary and Indian Affairs. The Department noted that

        the lack of immediate intermediate sanctions at the 
        tribal level directly contributes to the escalation of 
        juvenile delinquent activity. * * * Tribal judges can 
        adjudicate youthful offenders, but confront a lack of 
        viable options for placement, probation, and 
        incarceration. Juvenile recidivism in Indian country is 
        thus very high. Unfortunately, many repeat offenders 
        ultimately graduate to more violent and serious crimes, 
        becoming defendants in the Federal criminal justice 
        system.\22\
---------------------------------------------------------------------------
    \22\ Statement of Kevin Di Gregory, Deputy Assistant Attorney 
General, Criminal Division, before the Senate Committee on the 
Judiciary and the Senate Committee on Indian Affairs, concerning gang 
activity within Indian country (Sept. 17, 1997).

The Committee believes that a broader opt-in provision, as has 
been urged on the Committee, would only serve to exacerbate 
this deleterious effect, to the endangerment of all who live in 
Indian country.
    Moreover, it is the Committee's view that a Federal law's 
application must be uniform if it is to be fair and effective, 
and absent extraordinary circumstances, that the penalty that 
similarly culpable Federal criminal defendants face should not 
vary. The credibility of our Federal criminal justice system 
depends in large part on the extent to which there is uniform 
application of Federal law. An opt-in provision would create 
disparate justice for all Federal criminal defendants who 
commit crimes on tribal lands, regardless of whether they are 
Native American. This in turn would undermine the integrity of 
the Federal criminal justice system.
    The Committee is mindful of the suggestion that the 
amendments made by this title will have a ``disproportionate 
impact'' on Native Americans. Indeed, the Committee is aware 
that in 1994, 61 percent of the juveniles confined by the 
Federal Bureau of Prisons were Native Americans. Native 
American juveniles, like other juveniles who engage in criminal 
conduct in Federal jurisdictions, may be affected significantly 
by the bill the Committee recommends. But the Committee does 
not believe that this impact is ``disproportionate.'' Tribal 
lands are subject to Federal, not State, jurisdiction. 
Therefore, if Native American juveniles who commit crimes on 
tribal lands are going to be held accountable for those crimes, 
it will be under Federal jurisdiction and uniform Federal law 
ought to apply.
    In addition, this argument is misdirected. The purpose of 
the criminal law is to protect innocent parties by identifying 
and penalizing antisocial conduct. An opt-in scheme is 
ineffective in any instance in which a tribe refuses to opt-in 
to Federal jurisdiction, because a tribe's refusal to submit to 
Federal jurisdiction would unjustifiably reduce the penalty 
that could be imposed on an Indian juvenile offender. Moreover, 
an opt-in provision becomes irrelevant if all tribes in fact 
opt-in.
    Consider the case of murder. Federal law imposes a 
mandatory minimum penalty of life imprisonment for the crime of 
murder committed within Federal jurisdiction, when the offender 
is prosecuted and convicted as an adult. Under an opt-in 
scheme, however, if a tribe refused to opt-in to Federal 
jurisdiction, the maximum penalty that could be imposed on a 
tribal juvenile defendant tried as an adult in tribal courts 
would be imprisonment for one year and a fine of $5,000. In the 
alternative, if the tribal member were a juvenile tried as a 
juvenile in Federal court, the maximum penalty that could be 
imposed on the defendant would be 12 years' confinement under 
the bill recommended by the Committee. There is no legitimate 
justification for such a bizarre penalty scheme.
    The Committee also believes that such an opt-in scheme 
would violate the Equal Protection component of the fifth 
amendment's due process clause. Again, the sentencing disparity 
provides an instructive example of the Committee's concern. An 
opt-in scheme would create the following anomaly: The maximum 
term of confinement for murder committed by a juvenile Indian 
in Indian country would be imprisonment for one year if the 
defendant were tried as an adult in tribal court, or, under the 
committee's recommended bill, 12 years' confinement if the 
juvenile Indian defendant were tried as a juvenile in Federal 
court. The penalty for a similarly situated non-Indian juvenile 
committing the same offense, however, would be life 
imprisonment if the murder were committed within Federal 
jurisdiction, including in Indian country.
     Such a penalty scheme clearly would violate equal 
protection principles, because it would subject persons who 
were not members of Indian tribes to a vastly greater 
punishment than such tribal members could receive. The 
Committee realizes that, generally, Federal laws 
governingIndian tribes are not treated as resting on racial 
criteria.\23\ Were they, an opt-in provision likely would be held 
unconstitutional, since the distinction drawn by such a law would then 
hinge on racial criteria, and the distinction could be sustained only 
if there were a compelling state interest justifying it, and then only 
if the distinction were narrowly tailored to that specific 
justification.\24\
---------------------------------------------------------------------------
    \23\ See United States v. Antelope, 430 U.S. 641 (1977); Morton v. 
Mancari, 417 U.S. 535 (1974). But cf. Adarand Constructors, Inc. v. 
Pena, 515 U.S. 200 (1995) (contracting preference for Native Americans 
as a social class violates equal protection); Duro v. Reina, 495 U.S. 
676, 689, 690 (1990) (distinguishing Native Americans as an overarching 
class from Native Americans as members of individual tribes) (citations 
omitted).
    \24\ See, e.g., Adarand, 515 U.S. 200 (1995) (contracting 
preference for Native Americans as a social class violates equal 
protection).
---------------------------------------------------------------------------
    As noted, the Committee recognizes that the courts have 
given great deference to Congress in determining policies in 
Indian country, and that in several contexts, legislative 
schemes that treat tribal members differently from others have 
been held to fully comport with equal protection 
principles.\25\ The Committee believes, however, that such 
classifications are most dangerous when the power of the 
Federal Government to impose criminal punishment is at 
stake,\26\ as it would be under an opt-in provision. Indeed, 
the severe differential treatment created by an opt-in scheme 
is likely irrational under even a lenient standard of review, 
and thus, such a provision would likely fail to satisfy equal 
protection requirements.
---------------------------------------------------------------------------
    \25\ See, e.g., United States v. Antelope, 430 U.S. 641 (1977) 
(``federal legislation with respect to Indian tribes, although relating 
to Indians as such, is not based upon impermissible racial 
classifications''), Morton v. Mancari, 417 U.S. 535 (1974) (Employment 
preference laws for Native Americans based on permissible tribal 
membership criteria are not race-based preferences and do not violate 
the equal protection clause).
    \26\ See, e.g., Duro v. Reina, 495 U.S. 676, 693 (``Criminal trial 
and punishment is so serious an intrusion on personal liberty that its 
exercise [by Indian tribes] over non-Indian citizens was a power 
necessarily surrendered by the tribes in their submission to the 
overriding sovereignty of the United States.'') (citing Oliphant v. 
Suquamish Indian Tribe, 435 U.S. 191, 210 (1978)).
---------------------------------------------------------------------------
    In United States v. Antelope,\27\ the Supreme Court held 
that Federal prosecution of Native Americans is permissible 
even if the Federal Government's criminal jurisdiction is based 
solely on the defendant's status as a tribal member, but 
assumed that the defendants were ``subjected to the same body 
of law as any other individual, Indian or non-Indian, charged 
with first-degree murder committed in a Federal enclave.'' \28\ 
Indeed, in rejecting the defendants' equal protection claim, 
asserting that they were disadvantaged because Federal law, 
unlike State law, had no requirement that the Government prove 
premeditation to obtain a conviction on first-degree murder 
charges, the Court noted explicitly that ``[u]nder our federal 
system, the National Government does not violate equal 
protection when its own body of law is evenhanded.'' \29\ The 
Court did not address the issue inexorably raised by an opt-in 
scheme, ``in which Indians tried in federal court are subjected 
to differing penalties and burdens of proof from those 
applicable to non-Indians charged with the same offense.'' \30\
---------------------------------------------------------------------------
    \27\ 430 U.S. 641 (1977).
    \28\ Id. at 648.
    \29\ Id. at 649 (emphasis added).
    \30\ Id. at footnote 11 (``That issue is not before us, and we 
intimate no views on it.'' Id.)
---------------------------------------------------------------------------
    The Committee has grave doubts that the courts would view 
an opt-in scheme as the same kind of benign treatment of tribes 
as ``unique aggregations possessing attributes of sovereignty 
over both their members and their territory''.\31\ Indeed, the 
Federal courts of appeals that have reviewed this issue have 
held that wildly disparate penalties for tribal members and 
nonmembers violate the equal protection element of the due 
process clause of the fifth amendment.\32\ The Committee 
believes that there is no legitimate justification for such a 
difference in the application of Federal law between members 
and nonmembers of Indian tribes. Accordingly, the Committee 
believes that the opt-in scheme would be unconstitutional.
---------------------------------------------------------------------------
    \31\ Id. at 645, quoting United States v. Mazurie, 419 U.S. 544, 
557 (quoting Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 557).
    \32\ See, e.g., United States v. Big Crow, 523 F. 2d 955 (8th Cir. 
1975), cert. denied, 424 U.S. 920 (1976) (Major Crimes Act (18 U.S.C. 
1153) ``cannot constitutionally be applied so as to subject an Indian 
to a greater sentence than a non-Indian could receive for the same 
offense''); United States v. Cleveland, 503 F.2d 1067 (9th Cir. 1974) 
(same); see also United States v. Yazzie, 693 F.2d 102 (9th Cir. 1982) 
(``Congress is not required to eliminate all differences in treatment 
between Indians and non-Indians so long as all persons subject to 
Federal jurisdiction are treated the same. Id. at 104 (citing United 
States v. Antelope, 430 U.S. 641 (1977) (emphasis added).
---------------------------------------------------------------------------
    The Committee recognizes, however, that further analysis of 
this issue is required in order to determine whether Congress 
should enlarge the jurisdiction of the tribal courts. 
Therefore, it recommends this section, which directs the 
Attorney General to study and report to the Congress on 
appropriate changes, if any, to the criminal jurisdiction of 
tribal courts.

                              E. Title II

    1. In General.--The Committee is extremely concerned with 
the alarming increase in criminal gang activity and therefore 
recommends this title to address that growing national menace. 
The Committee has found that gangs not only have increased in 
size and strength, but also have become more sophisticated. 
Gang activity has spread across the country at a startling rate 
and is placing more and more of our people in harm's way.
    Interstate and international criminal gang activity is 
becoming a national crisis, and the Committee believes that it 
is time for Federal Government to take a greater role in 
assisting State and local law enforcement efforts in addressing 
these criminal enterprises.
    Gangs now more resemble organized crime syndicates than 
small, romanticized neighborhood street toughs, like those 
portrayed in ``West Side Story'' as the ``Sharks'' and the 
``Jets.'' Today's street gangs have not confined themselves to 
one small neighborhood or ``turf.'' Gangs have expanded from 
State to State and have national and international networks of 
illegal activity. Gangs accomplish this goal by developing 
cells in different cities to further the illegal activities of 
the gang, such as trafficking in illegal drugs. Gangs, in 
short, have franchised. The structure of these large, 
interstate gangs is organized and complex. Most large gangs 
actively recruit new members, collect membership dues, provide 
legal defense funds, retain private lawyers, and reportedly in 
one case, even have a political action committee. Such 
organization has increased the strength of gangs, as well as 
the danger that they pose to society.
    Gang violence, moreover, is now common even in places where 
it would have been unthinkable several years ago. Nationwide, 
95 percent of major cities and 88 percent of smaller cities 
report problems with gang violence. Gangs like the ``Bloods'' 
and the ``Crips,'' that originated in Los Angeles have made 
their way into smaller cities; in fact, the ``Bloods'' and 
``Crips'' have expanded to at least 118 cities. The ``Gangsta 
Disciples'' have expanded throughout the Midwest and south, and 
Asian Gangs have emerged in 16 cities throughout the country.
    Given the nationwide nature of our gang problem, the rapid 
growth in interstate gangs, and its devastating impact in our 
communities, the Committee believes that it is time for the 
Federal Government to step up its efforts to assist State and 
local law enforcement to curb gang violence. The Committee does 
not, in recommending this title, advocate an unwarranted 
expansion of Federal jurisdiction. But in the case of criminal 
gangs that are now moving interstate and internationally to 
commit crimes, it is proper for the Federal Government to step 
in and play an important role.
    This title is entitled the Federal Gang Violence Act. The 
Committee believes that this title is needed to add teeth to 
the current Federal law on criminal street gangs, codified at 
18 U.S.C. 521. In the Committee's view, this law is too 
narrowly focused on drug offenses and provides inadequate 
penalties to be an effective tool for Federal prosecutors. This 
title strengthens the coordinated and cooperative response of 
Federal, State, and local law enforcement to criminal street 
gangs. This act will provide the Federal prosecutorial tools 
needed to combat gang violence, by adding tough penalties based 
on the existing Continuing Criminal Enterprise statute in title 
21 (21 U.S.C. 848). Federal prosecutors will be able to charge 
gang leaders or members--and criminally forfeit their gang-
related assets--under this section if the gang leaders or 
members engage in two or more criminal gang offenses. Such 
offenses include: violent crimes; serious drug crimes; drug 
money laundering; extortion; and obstruction of justice--all 
offenses that commonly are committed by gangs.
    The Federal Gang Violence Act also adds a 1-to-10-year 
sentence for recruiting persons into a gang. An important 
component of this provision, provides more severe penalties for 
recruiting a minor into a gang, including a 4-year mandatory 
minimum sentence.
    The Act adds to the list of offenses for which a person can 
be prosecuted under the Federal racketeering laws, known as 
RICO, the use of a minor to commit a crime. It also enhances 
the penalties for transferring a handgun to a minor, knowing 
that it will be used in a crime of violence, and adds a 
sentencing enhancement for the use of body armor in the 
commission of a Federal crime.
    2. Section 202--Increase in Offense Level for Participation 
in Crime as a Gang Member.--It is the Committee's view that due 
to the organized nature of gang activity, crimes committed in 
connection with gangs pose a greater threat to community safety 
than might be the case were the same crimes committed absent a 
gang connection. Therefore, the Committee recommends this 
section, which directs the United States Sentencing Commission 
to amend the Federal sentencing guidelines to enhance 
appropriate penalties for criminal offenses committed in 
connection with or in furtherance of a criminal gang.
    3. Section 203--Amendment to Title 18 with Respect to 
Criminal Street Gangs.--The Committee believes that current 
laws addressing organized gang-crime activity each contain gaps 
that leave unpunished significant criminal activity. For 
instance, the RICO statute, which, the Committee notes has been 
used successfully against some criminal gangs, prohibits, inter 
alia, investment, ownership, or operation of a business with 
proceeds of pattern of racketeering activity (defined as two 
acts among the list of predicate crimes in 18 U.S.C. 1961, 
including some State law offenses). In contrast, section 203 
makes a separate crime of the serial commission of various 
predicate gang crimes.
    Similarly, the Federal Continuing Criminal Enterprise Act 
(CCE) (21 U.S.C. 848) prohibits, in essence, leading a drug 
gang. Conviction under the CCE requires proof of the commission 
of a series of Federal drug crimes by the leader of a group of 
five or more persons, and requires that ``substantial income'' 
have been obtained from the offenses. Although similar to the 
CCE, section 203 fills gaps left by the CCE--unlike the CCE, 
the application of section 203 is not limited to leaders or 
organizers; section 203 covers a wider range of offenses 
commonly committed by gangs; and section 203 does not require a 
showing that income has been derived from those offenses.
    Last, the provisions of section 203 fills gaps that the 
Committee believes exist in section 521 of title 18, which 
section 203 amends. Currently, 18 U.S.C. 521 provides an 
additional sentence of up to 10 years for a gang member who 
commits a Federal drug offense or violent crime, knowing that 
the gang's members engage in a continuing series of similar 
crimes and who commits the crime intending to maintain or 
increase his or her position in the gang. Section 203 amends 
this section to address what the Committee believes is the 
evolving, broader nature of gang crime. In place of the 
sentence enhancement in current law, section 203 creates a 
separate criminal offense for the serial commission of various 
predicate gang crimes. The list of predicate gang crimes is 
broadened as well, to include additional crimes commonly 
committed by gangssuch as extortion, obstruction of justice, 
laundering of drug money, violent and drug crimes, and the State 
equivalents of those offenses. Unlike the provision of current law, the 
amendment recommended by the Committee does not require a showing of 
intent to maintain or increase position in the gang as an element of 
the offense.
    The Committee emphasizes that in recommending this section, 
it does not intend to federalize all State crimes relating to 
gang activity. The Committee expects that the Federal 
Government will exercise sound prosecutorial discretion in 
bringing cases under this statute. The Committee also expects 
that the Government's charging decisions will be tempered by a 
respect for federalism and the prerogatives of State and local 
law enforcement, and that these charging decisions will be the 
product of cooperation between all levels of law enforcement. 
Indeed, the Committee notes that the recommended statute 
requires the Department of Justice to certify that the public 
interest justifies bringing a Federal prosecution. In order to 
advance the Committee's purpose in recommending this section, 
however, the Committee also notes its belief that by its 
nature, the effective prosecution of interstate and 
international criminal gang activity will frequently be beyond 
the capabilities and jurisdiction of State and local 
governments, and therefore emphasizes that in nearly all 
instances Federal prosecution of such activity will be, in the 
term of the recommended statute, ``necessary to secure 
substantial justice.''
    4. Section 204--Interstate and Foreign Travel or 
Transportation in Aid of Criminal Street Gangs.--The Committee 
believes that the Federal Travel Act, which, inter alia, 
prohibits travel in interstate or foreign commerce in 
furtherance of illegal activity, must be updated in order to 
reach offenses frequently committed by gangs and other 
organized-crime entities. This section recommended by the 
Committee adds to the list of Travel Act predicates in current 
law offenses such as extortion, burglary in excess of $10,000, 
drive-by shootings, certain violent assaults, and witness 
intimidation.
    5. Section 205--Solicitation or Recruitment of Persons in 
Criminal Gang Activity.--The Committee believes that current 
law does not sufficiently penalize or discourage the 
recruitment of persons into criminal gangs. Without the 
recruitment of new members, and the pressure of threats or 
intimidation that frequently keeps members from leaving the 
gang, many gangs might disappear over time.
    Particularly pernicious, in the Committee's view, is the 
recruitment of minors into gangs. Gang leaders prey on the most 
vulnerable juveniles--those without solid family structures, 
and in need of guidance and acceptance. Gangs are attractive to 
juveniles because they offer structure, acceptance, and 
camaraderie. The price to the juvenile, however, is 
participation in a culture of drugs, intimidation, and criminal 
activity from which the juvenile may find it difficult to 
extricate him or herself. Increasingly, juveniles appear to be 
recruited to criminal gang activity because the perceived 
leniency of the juvenile justice system.
    Ordinary solicitation or conspiracy offenses require the 
government to prove that the new gang member was recruited for 
the specific purpose of committing an offense. In the case of 
gang recruitment, however, the criminal solicitation may come 
some time after the initial recruitment into the gang, after 
the gang has instilled loyalty in the recruited member, making 
solicitation or conspiracy charges ineffective for the purpose 
of deterring gang recruitment.
    The Committee recommends this section to address this 
problem, which adds a new section 522 to title 18, United 
States Code. This section provides stiff Federal criminal 
penalties for the recruitment of persons into a criminal gang, 
including a 1-year mandatory minimum for the recruitment of an 
adult and a 4-year mandatory minimum for the recruitment of a 
minor.
    6. Section 206--Crimes Involving the Recruitment of Persons 
to Participate in Criminal Street Gangs and Firearms Offenses 
as RICO Predicates.--This section adds gang recruitment under 
18 U.S.C. 522 (added by section 205) as a predicate offense 
under the Federal racketeering laws. This section also makes 
certain firearms offenses RICO predicates. In recommending this 
section, the Committee notes that its intention is to target 
persons who further the commission of violent or drug crimes 
through the illegal use, sale, or transfer of firearms. It is 
not the Committee's intention to criminalize the innocent acts 
of law-abiding firearms owners and dealers. As introduced, this 
section potentially was susceptible to an overbroad 
interpretation applying these proposed new laws to routine 
paperwork violations or recordkeeping oversights. The Committee 
notes that it never intended the provision to reach so broadly 
and they have been modified by the Committee to ensure the 
narrow, appropriate application that was intended.
    7. Section 207--Prohibitions Relating to Firearms.--This 
section enhances penalties for the commission of certain 
firearms-related crimes. In particular, this section enhances 
penalties for transferring a firearm to a minor for use in the 
commission of a crime and makes acts of juvenile delinquency 
that would be serious drug offenses if committed by an adult 
predicate crimes under the Armed Career Criminal Act. The 
intent of this latter provision is to ensure that juveniles who 
commit serious drug offenses with a firearm can be held 
accountable for these acts as career criminals. Currently, such 
juvenile offenses do not count as Armed Career Criminal Act 
predicates, effectively nullifying a juvenile's criminal record 
for this purpose at age 18.
    This section also eliminates the mandatory probation 
requirement for juveniles convicted of possessing a handgun in 
violation of the Youth Handgun Safety Act. The Committee 
believes that this mandatory probation provision 
inappropriately limits prosecutorial and judicial discretion in 
sentencing juveniles unlawfully in possession of a firearm in 
cases that may warrant a more serious sanction.
    8. Section 208--Amendment of Sentencing Guidelines With 
Respect to Body Armor.--The Committee has been advised that 
there has been a recent increase in the use of body armor 
during the commission of violent crimes. The use of body armor 
by criminals has the potential to embolden criminals to more 
dangerous behavior, thereby endangering law enforcement 
officers and the general public. This section directs the 
United States Sentencing Commission to create an appropriate 
sentencing enhancement for the commission of a crime while 
wearing body armor. The Committee does not, however, wish to 
discourage the legitimate use of body armor by private citizens 
for self-protection or the use of body armor by law 
enforcement. For this reason, the Committee has not included in 
its recommendation a prohibition on the mail-order sale ofbody 
armor, and has included a provision limiting the sentencing 
enhancement's application to law enforcement officers.
    9. Section 209--Prison Communications.--The Committee is 
concerned that a gap in Federal wiretap laws may be having the 
effect of facilitating the ability of convicted gang leaders to 
continue to run their criminal enterprises from inside prison 
walls. Currently, Federal wiretap statutes, require, inter 
alia, that a court order be obtained prior to the initiation of 
a wiretap by law enforcement and provide no exception for 
communications conducted over prison phones. Under the first 
and fourth Amendments to the Constitution, communications by 
and to prisoners and other persons lawfully detained enjoy less 
protection than communications by and to other persons and in 
most circumstances may be monitored by prison and law 
enforcement authorities. Thus, anomalously, the wiretap 
statutes provide greater protection to prisoners' and 
detainees' phone calls than is given to their letters, as well 
as providing greater protection to prisoner phone 
communications than is required by the Constitution.
    The serious problem of drugs and crime within our Nation's 
prisons, combined with several prominent examples of gang 
leaders known to have conducted criminal enterprises in part 
over phones installed in the prison, has led the Committee to 
conclude that an exemption to the Federal wiretap laws for 
prisoner phone calls is warranted. The Committee notes that its 
recommendation specifically protects communications privileged 
under any privilege recognized by the Supreme Court (including 
the attorney-client privilege), as well as an inmate's right to 
counsel under the sixth amendment.
    10. Section 210--High Intensity Interstate Gang Activity 
Areas.--The Committee recommends this section to advance 
cooperation between Federal, State, and local law enforcement 
in investigating disrupting, and prosecuting gangs which 
operate and recruit interstate.
    11. Section 211--Increased RICO Penalties for Gang and 
Violent Crimes.--The Committee recommends this section to 
ensure that the penalties for violations of Federal 
racketeering laws are as severe as the penalties for the 
underlying crimes that serve as racketeering predicates.
    12. Section 212--Increasing the Penalty for Using Physical 
Force to Tamper With Witnesses, Victims, or Informants.--In 
recommending this section, the Committee wishes to take further 
steps to protect witnesses, victims, and informants, without 
whom many gang-related crimes would simply go unpunished. The 
Committee is troubled by the frequency of retaliation against 
and intimidation of witnesses, resulting in failed 
prosecutions.
    Specifically, this section increases the penalty from a 
maximum of 10 years' imprisonment to a maximum of 20 years' 
imprisonment for using or threatening physical force against 
any person with intent to tamper with a witness, victim, or 
informant. The section also adds a conspiracy penalty for 
obstruction of justice offenses involving victims, witnesses, 
and informants. In addition, this section makes it a violation 
of the Federal Travel Act, 18 U.S.C. 1952, to travel in 
interstate or foreign commerce to bribe, threaten, or 
intimidate a witness to delay or influence testimony in a State 
criminal proceeding.
    13. Section 213--Clone Pagers.--This provision conforms the 
requirements for authorization of a clone pager to those of a 
pen register. Pagers are frequently used to conduct illegal 
transactions by criminals generally, and by drug dealers in 
particular. A clone pager is a device programmed identically to 
another digital display pager that allows the user of the clone 
pager to receive messages at the same time as the actual pager. 
It cannot receive the content of messages, only the telephone 
numbers of those paging the pager user. While a clone pager and 
pen register serve the same function, the requirements for 
receiving authorization to use a clone pager currently are more 
demanding. This section will allow law enforcement officers to 
be more efficient in doing their jobs--protecting Americans 
from crime, by conforming the requirements for authorization of 
a pager to those of a pen register.

                              F. Title III

    1. In General.--In 1974, Congress enacted the Juvenile 
Justice and Delinquency Prevention Act. Spurred by reports of 
dangerous conditions in which juveniles accused or convicted of 
crimes or status offenses were confined, Congress passed 
legislation to provide States assistance with juvenile justice. 
As a condition of receiving these funds, States were required 
to comply with two original mandates, later expanded to four, 
that purported to protect accused and adjudicated juveniles 
from abuse. The legislation also established the Office of 
Juvenile Justice and Delinquency Prevention (OJJDP), and 
directed it to dispense formula grants to the States and 
monitor their compliance with the mandates. In addition, the 
legislation established within OJJDP a research, demonstration, 
evaluation, and information dissemination component. Congress 
reauthorized the legislation in 1980, 1984, 1988, and 1992.
    The OJJDP legislation, combined with other factors such as 
later-enacted Federal laws and suits under Federal civil rights 
laws, largely has achieved the goals of protecting detained 
juveniles. But OJJDP has not effectively addressed the dramatic 
increase in juvenile crime, particularly violent juvenile 
crime. The Federal Government's role in juvenile justice is 
fragmented and uncoordinated, with hundreds of programs 
scattered throughout different cabinet agencies. In particular, 
OJJDP has focused almost exclusively on prevention programs to 
the neglect of prosecution and detention of juvenile offenders. 
In fact, OJJDP's unreasonable and inflexible enforcement of the 
original colocation mandates has seriously undermined the 
ability of States to detained juvenile criminals. In light of 
the tremendous increase in violent juvenile crime, OJJDP has 
actually been counterproductive.
    The Committee believes clarification is necessary to ensure 
that proper scope is given to the application of the definition 
of ``juvenile population'' included in section 301 of the 
recommended bill. The Committee's intent in recommending this 
provision is to provide a basis for calculating each State's 
share of formula grants in those instances where the 
distribution of funds is based in whole or in part on each 
State's juvenile population. The Committee does not intend this 
definition, or any other provision included in the recommended 
bill, to override or preempt a State's statutory age of 
majority. No provision of the Committee's recommended billshall 
be construed to prohibit any State from placing or transferring an 
alleged or adjudicated delinquent who reaches the State's age of full 
criminal responsibility, or who has been transferred to adult status 
under applicable State law, to an adult facility when required or 
authorized by State law. For example, if a State's statutory age of 
majority is 17, then that State can treat a 17-year-old detainee as an 
adult inmate.
    2. Section 302--National Program.--This section reforms the 
Office of Juvenile Justice and Delinquency Prevention, 
redesignating it as the Office of Juvenile Crime Control and 
Accountability. The purpose of this change is twofold. First, 
as the title indicates, the change recognizes that juvenile 
crime today is far more serious and violent than in years past, 
and that the Federal Government's approach must reflect these 
changes. Second, the new office will have more power and 
responsibility. By implementing and coordinating juvenile crime 
for the entire Federal Government, the Director of that Office 
will serve as a ``juvenile crime czar.'' It is the Committee's 
belief that current Federal juvenile justice policy is 
uncoordinated and duplicative. There are hundreds of Federal 
programs targeted at ``at-risk'' or delinquent juveniles 
scattered throughout each Federal agency. The changes in 
section 302 seek to bring coordination and accountability to 
Federal juvenile crime policy.
    Specifically, the Administrator of the Office of Juvenile 
Crime Control and Accountability (OJCCA) is empowered and 
required to coordinate all Federal programs a primary objective 
of which is the reduction in juvenile crime and delinquency, or 
the use of alcohol or illegal drugs by juveniles. This includes 
programs within the Department of Justice, as well as such 
programs in other Federal agencies. The Administrator is 
required to develop a consolidated National Juvenile Crime 
Control and Juvenile Offender Accountability Budget for all 
Federal juvenile justice programs. In preparing this budget, 
each Federal Government program manager, agency head, or 
department head with responsibility for any Federal juvenile 
crime control or juvenile offender accountability program shall 
submit the budget request of the program, agency, or department 
to the Administrator at the same time as such request is 
submitted to their superiors. In turn, the Administrator shall 
certify in writing as to the adequacy of such a budget request. 
If the Administrator does not certify a budget request as 
adequate, he must include an initiative or funding level that 
would make the request adequate. Furthermore, the Administrator 
shall request the head of a department or agency to include 
funding requests for such certifications in the budget 
submission of the department or agency. In addition, the 
Administrator may require other Federal departments and 
agencies engaged in any activity involving Federal juvenile 
justice to provide the Administrator with such information and 
reports, and conduct such studies and surveys, as the 
Administrator determines to be necessary.
    3. Section 303--Juvenile Crime Control and Juvenile 
Offender Accountability Incentive Block Grants.--The key 
component of this title, and, indeed of the bill that the 
Committee recommends, is the Juvenile Crime Control and 
Juvenile Offender Accountability Incentive Block Grants. The 
incentive block grants provide $500 million a year for five 
fiscal years to the States to fight juvenile crime. To enhance 
the flexibility of the States, the incentive block grants can 
be used for a broad array of permissible purposes.

Requirements:

    In order to receive the block grant, States have to meet 
certain requirements designed to increase accountability in 
their juvenile justice systems.
    While these requirements must be met, it is the Committee's 
intent that the States be given an adequate amount of time to 
meet them. Under section 205(c), States are required to make 
reasonable efforts, as certified by the Governor, to comply 
with the new requirements by July 1, 2000. Moreover, the 
Committee intends that States have maximum flexibility in 
meeting the requirements for funding under the block grant 
program.
    The first requirement is that a juvenile age 14 or older 
may be prosecuted as an adult under State law for an act that 
would be a serious violent felony if committed by an adult. 
This requires only that States prosecute a juvenile 14 or older 
as an adult for some serious violent felony, as opposed to all 
serious violent felonies. It is estimated that, currently, 49 
States can prosecute a juvenile 14 or older as an adult for 
some crimes and thus meet this requirement.
    The second requirement is that the State establish 
graduated sanctions for juvenile offenders. Graduated sanctions 
ensure a punishment for every delinquent or criminal act and 
escalate the sanction with the severity of the offense and with 
the commission of each subsequent, more serious delinquent or 
criminal act. Unfortunately, in many jurisdictions today, 
juveniles can be adjudicated repeatedly for separate crimes 
without receiving any punishment. It is the Committee's view 
that such penalty-free sentencing creates the perception in 
some juveniles that they will not be punished for any crime, no 
matter how serious it may be. That perception, the Committee 
believes, leads juveniles to commit more serious and violent 
crimes.
    The Committee recognizes that graduated sanctions can 
include many forms, including community service for minor 
crimes, electronically monitored home detention, restriction, 
as well as more traditional punishments such as incarceration. 
The Committee recognizes that a general assessment of the 
degree to which graduated sanctions are implemented is 
sufficient for compliance.
    The third requirement will establish a national database 
for juvenile felony records. This provision requires States to 
fingerprint and photograph juveniles who are arrested for, or 
charged with, a crime of violence or an act that would be a 
felony if committed by an adult, and to make the finger prints 
and photographs available through existing national criminal 
databases. The States are also required to maintain juvenile 
records that are equivalent to adult records, and to make those 
records available to law enforcement agencies, school 
officials, and courts in any jurisdiction. States that are 
among the 5 percent of States with the lowest violent crime 
arrest rates for juveniles are exempt from this requirement.
    It is the Committee's intent that juvenile felony records 
be available to law enforcement, school officials, and courts 
throughout the Nation. Specifically, it is the Committee's 
intent that records be available to arresting authorities. 
Additionally the Committee intends a sentencing judge have 
access to a defendant's prior juvenile felony record for 
sentencing purposes. The Committee believes that a national 
database is necessary because juveniles today are more mobile 
than ever before. Without a national database, it is difficult, 
if not impossible, for a State to determine what felonies a 
juvenile may have committed in another State. The Committee 
further finds that only the Federal Government can operate a 
national recordkeeping system, but that doing so requires the 
active cooperation and assistance of the States.
    Information is the lifeblood of the criminal justice 
system. For example, law enforcement authorities long have 
believed that information about the tendencies and modus 
operandi of suspects is necessary in any successful 
investigation, and that having complete data about the criminal 
history of a convicted defendant is indispensable to setting 
sound sentencing policy. As the result, the criminal justice 
experts long have believed that comprehensive information about 
individuals is necessary for the fair, efficient, and fruitful 
operation of the adult criminal justice process.
    The opposite principle, however, historically has permeated 
the juvenile justice system. Secrecy, rather than openness, has 
been a hallmark of juvenile justice proceedings and 
recordkeeping practices. For example, juvenile criminal records 
generally are inaccessible to, or are rendered unusable by, 
judges at sentencing. As the result, judges may be forced to 
sentence juvenile offenders without knowing whether the 
particular minor standing at the bar is a first time offender 
or ninth time loser. That practice stems from a belief that 
juvenile miscreants should not be branded (for example) with a 
scarlet ``F'' (for felon) or ``D'' (for delinquent) because of 
a youthful indiscretion. The rationale for justifying 
confidentiality in part rests on the assumption that minors are 
unable fully to appreciate the consequences of their actions, 
due to their emotional immaturity, and also that opening 
juvenile records to public scrutiny would be jeopardizing a 
minor's career prospects, needlessly scarring him or her for 
life.
    That policy may have been sound during a time when fewer 
juveniles committed felonies and the crimes that juveniles 
committed were less serious than the crimes that society has 
witnessed over the past decade. Continuation of the traditional 
policy favoring the secrecy of juvenile records therefore 
presents a potential danger for the police officer on the 
street, for community officials, and for the public. Moreover, 
this risk will not fade into history as juveniles mature into 
adults. On the contrary, the danger will continue as long as 
individuals whose past criminal record of violent or serious 
offenses is not revealed to criminal justice agencies, 
including the courts, because the earlier offenses were 
committed when the offender was a juvenile.
    An individual State's traditional policy favoring secrecy 
also is one that can have a spillover effect in neighboring 
jurisdictions. For example, many States are confronted with 
mobile juvenile offenders, especially members of criminal 
gangs, who visit their violent behavior on new communities, 
oftentimes far from their State of origin. States such as 
Illinois, Arkansas, and Utah, for example, have been victimized 
by gangs that trace their lineage to gangs in Los Angeles, CA. 
Too often residents of localities are endangered because local 
officials are unable to learn the past criminal history of an 
individual by obtaining access to juvenile records indicating 
prior violent history. As the result, such jurisdictions are 
unable to make the best decisions to protect the public.
    To be sure, many States are improving their juvenile record 
systems. But there is still a long way to go. The recordkeeping 
provisions of this bill contemplate a juvenile record system 
that is integrated into existing adult systems. Meeting the 
requirements of this provision does not require building new 
juvenile records systems that will duplicate the States' adult 
record systems; that would be both expensive and 
counterproductive, since it would not allow States to use 
existing hardware, and may require separate computer access. 
Also, juvenile fingerprint and photograph requirements apply 
only to juveniles arrested for a crime of violence or an act 
that, if committed by an adult, would be a felony. Accordingly, 
not all juvenile offenses are required to be reported.
    In practical terms, the committee believes that the 
requirements imposed by this provision will not be unduly 
burdensome for the States. For example, criminal history 
information need not actually be transmitted to the Federal 
Bureau of Investigation; rather, it can be stored in the 
States' computer records files and repositories for possible 
access by the FBI. Compliance with the recordkeeping mandate of 
this law requires States to ``make reasonable effort'' to 
improve their records systems by the year 2000. State Governors 
will certify whether reasonable efforts are being made to 
improve juvenile record keeping.
    Additionally, the Committee notes that States that expunge 
juvenile records for certain offenses need not modify their 
expungement laws in order to qualify for the incentive block 
grant. The Committee is concerned primarily with the 
availability of records of conviction for appropriate uses 
inter- and intra-State, more than with the legal effect of that 
conviction. Thus, States that expunge juveniles' criminal 
records in certain circumstances--that is, nullify the legal 
effect of the conviction--may continue to do so and still 
qualify for the Federal incentive block grant, so long as all 
criminal records--including those that are expunged--are kept 
and made available as required by S. 10.
    Finally, the Committee notes that it does not intend this 
requirement to alter the manner in which criminal history 
records are presently maintained or disseminated, nor to 
require separate systems or procedures for juvenile records. In 
particular, it is the Committee's intent that juvenile criminal 
records required to be maintained and disseminated under this 
requirement are to be handled in the same manner as equivalent 
adult records. For instance, if adult arrest or criminal 
history records are not physically sent to the FBI, but rather 
are sent to a State criminal history repository accessible to 
the FBI, handling covered juvenile records in a like manner 
will satisfy this requirement.
    The fourth requirement modifies existing OJJDP mandates 
concerning the housing of juveniles in adult facilities at the 
State and local level. This requirement provides a protective 
floor by ensuring that no juvenile alleged or determined to be 
delinquent can be detained or confined in any institution in 
which the juvenile has prohibited physical contact with adult 
inmates, or in which an adult inmate and a juvenile can engage 
in sustained oral communication for more than 72 hours. This 
requirement replaces the current ``sight and sound'' and 
colocation mandates that JJDPA imposes on the States. It is the 
Committee's belief that these current mandates are antiquated, 
inflexible, and, on the whole, counterproductive.
    These mandates have had unforseen, negative consequences. 
Patricia West, Secretary of the Virginia Department of Public 
Safety, testified concerning the negative consequences of the 
colocation and sight and sound mandate. Because many 
communities cannot afford separate juvenile facilities, West 
testified that law enforcement officers often must drive for 
hours to transport juvenile delinquents to the nearest 
available juvenile facilities to comply with the mandates. If 
not forced to do this, West noted, such officers would 
otherwise be patrolling the streets. Also, transporting 
juveniles to available juvenile facilities to comply with these 
mandates often requires juveniles to be detained far from their 
families and homes. Worse yet, in many parts of the Nation, law 
enforcement officers simply cannot afford to transport 
juveniles to an available juvenile facility. Consequently, many 
juveniles are simply released because of the mandates. Such 
juveniles are released even though available space exists in 
adult jails. The committee heard similar criticisms about the 
colocation and sight and sound mandates from law enforcement 
officials across the Nation. For example, Sheriff Ted Sexton of 
Tuscaloosa, AL, testified that these mandates, couple with a 
shortage of juvenile detention facilities, has led to a 
revolving door policy for juvenile offenders.
    The sight and sound mandate and its implementing 
regulations have placed an unrealistic burden and expense on 
State and local governments. Occasional violations, 
particularly in booking areas and hallways, are inevitable and 
not necessarily harmful to juveniles. Moreover, sight and sound 
regulations that prevent staff from monitoring adult and 
juvenile inmates on the same shift are particularly burdensome. 
For example, Sheriff Bill Franklin of Elmore County, AL, 
testified that the sight and sound mandate requires his 
department to hire 5.5 additional staff members per 8 juveniles 
incarcerated.
    It is the Committee's belief that by making it so difficult 
to detain juvenile criminals, these mandates have lowered the 
deterrent effect of incarceration for juvenile delinquents. It 
is the Committee's intent to replace these mandates. The new 
requirements in S. 10 give State and local governments the 
flexibility they need to address the alarming increases in 
juvenile crime. At the same time, the new requirements 
adequately protect juveniles from abuse by adult inmates.
    This revised mandate strictly prohibits physical contact 
between juvenile and adult inmates at all times. But it does 
allow juveniles to be housed in adult facilities where the 
juvenile can hear adult inmates for a maximum of 72 hours. A 
common example of this scenario is a rural jail in which adult 
inmates are housed on the second floor, and juveniles inmates 
are housed on the first floor. In this situation, juveniles 
inmates could hear the adult inmates. Under the revised 
mandate, this scenario would be permissible for 72 hours. Also, 
under this revised mandate juveniles could be placed in adult 
facilities indefinitely, provided that juveniles and adults 
cannot engage in sustained oral communication, and there is no 
prohibited physical contact with adults. It is the Committee's 
belief that State and local authorities need this extra 
flexibility to detain juveniles in adult facilities, provided 
they are sufficiently protected from adult inmates. It is also 
the Committee's belief that State and local officials will 
operate State and local jails and prisons in a responsible 
manner. Nothing in this legislation addresses or regulates the 
manner in which juveniles who are tried as adults by the States 
are detained. Juveniles tried as adults shallbe detained solely 
according to State law.
    The fifth requirement is that the States establish local 
advisory groups that include participants in every phase of 
juvenile crime control at the local level. One main purpose of 
this provision is to ensure that all the key participants in 
juvenile crime control at the local level communicate and 
cooperate with one another. The local advisory group is 
required to conduct a thorough assessment of the case 
processing from arrest through adjudication by the juvenile 
court, and to effectuate the necessary changes to make the 
juvenile justice system more efficient and to ensure the 
utilization and effectiveness of graduated sanctions.
    The Committee intends this requirement to be fully 
integrated with the use of graduated sanctions. Many 
communities across the Nation have experienced great success 
addressing juvenile crime through cooperative programs 
involving all public and private participants in the juvenile 
justice system. For instance, the Comprehensive Communities 
Program in place in Salt Lake City, UT, is undertaking a crime 
prevention and control strategy emphasizing partnerships 
between all government agencies, schools, and nonprofit service 
providers. At the neighborhood level, Community Action Teams, 
consisting of school officials, prosecutors, courts, and 
service providers, work together and intervene to stop juvenile 
crime before it becomes serious. The Committee intends that 
maximum flexibilty be given to communities in establishing an 
appropriate local advisory group, suited to local needs.
    The sixth requirement is that States establish a policy of 
drug testing (including followup testing) juvenile offenders 
upon their arrest for any offense within an appropriate 
category of offenses designated by the Governor of the State. 
The Committee expects and hopes that Governors will designate 
most, if not all felonies, as well as certain misdemeanors, 
such as prostitution, auto theft, and status offenses, such as 
underage use of alcohol or possession of illegal drugs, that 
indicate likely drug abuse, as ``appropriate'' categories to 
test.
    The Committee believes that drug testing, particularly 
random followup testing, is one the most effective 
rehabilitative and diagnostic tools available to law 
enforcement. The Committee found that the typical fee charged 
by a commercial laboratory for a single drug tests is roughly 
$5. The Committee believes that it is vital to determine 
whether a juvenile is committing crimes to support a drug 
addiction.
    The seventh requirement is that amounts made available 
under the incentive block grants are used to supplement and not 
supplant State and local funds spent on juvenile justice. In 
other words, State and local governments cannot use the Federal 
funds under this section to replace State and local funds spent 
on juvenile justice. It is the Committee's intent that the 
incentive block grants constitute additional resources to help 
the States fight juvenile crime. The Committee is concerned 
that, without this requirement, existing State and local 
resources for juvenile justice programs may be diverted to 
other uses. The Committee intends and expects that, when 
dispensing grant funds under this title, States and local 
governments will consider how programs will be maintained upon 
the reduction or termination of Federal assistance.

Distribution to eligible applicants

    This provision requires that 60 percent of the funds from 
incentive block grants be used by the States on three 
designated areas. The first area involves graduated sanctions 
and the construction or remodeling of juvenile detention 
facilities. At least 35 percent of the incentive block grant 
must be used by the States on graduated sanctions or the 
construction or remodeling of facilities for the short-term or 
long-term confinement of juveniles. If the incentive block 
grant is used to build juvenile detention facilities, it shall 
constitute not more than 50 percent of the cost, with the State 
or local government contributing at least the remaining 50 
percent. It is the Committee's belief that a matching grant 
program with State and local governments will be most effective 
for constructing or remodeling juvenile detention facilities. 
Also, it is the Committee's intention that no funds from the 
incentive block grant be used for construction, renovation, or 
expansion of facilities used exclusively for adult offenders.
    The second designated area is juvenile recordkeeping. At 
least 10 percent of the funds must be used to enhance the 
quality of juvenile recordkeeping pursuant to the requirements 
set forth in section 205(c)(3). It is the Committee's belief 
that, if funded at authorized levels, this provision will 
provide States with the necessary fiscal resources to upgrade 
their juvenile record keeping systems to satisfy the section 
205(c)(3) obligation.
    The third designated area is drug testing. At least 15 
percent of the incentive block grant funds must be used to drug 
test juveniles upon arrest. It is the Committee's belief that 
at least 15 percent of these funds are necessary to test 
juveniles upon arrest and to conduct a series of followup tests 
as necessary.

Grants to Indian tribes

    The Committee recognizes the unique relationship between 
the Federal Government and Indian tribes. The Committee has 
found that the JJDPA as currently formulated does not provide 
adequate resources to assist Indian tribes in addressing 
serious and growing juvenile crime and violence problems in 
Indian country.
    While the overall crime rate in the United States has 
fallen in recent years, crimes committed within Indian country 
have increased. Over the past 5 years, the homicide rate in the 
United States decreased 22 percent, while Indian country 
homicides rose 87 percent. Juvenile gang activity in particular 
poses a unique threat to all jurisdictions, including Indian 
country. Studies conducted by Federal agencies, universities, 
and tribal governments reveal that criminal gang activity 
within Indian country has steadily increased over the past 
decade. In Arizona alone, a recent FBI study identified 177 
gangs on 14 different reservations. This is a relatively new 
problem that has ominous potential for growth, in large part 
because of the lack of funding for tribal law enforcement and 
gang prevention and training programs. This greatly concerns 
the Committee.
    The Committee notes that in April 1997 testimony before the 
Senate Committee on Indian Affairs, the Director of the 
Department of Justice's Office of Tribal Justice stated that 
``In the past, Indian communities have not received an adequate 
share of OJP [Office of Justice Programs] funds and assistance, 
largely because of poor communication between OJP componentsand 
tribal governments, and, in part, because funds are not directly 
available to tribes in the same manner that they are available to 
states.'' 33
---------------------------------------------------------------------------
    \33\ Testimony of Thomas L. LeClaire, director, Office of Tribal 
Justice, before the Senate Committee on Indian Affairs, concerning 
Juvenile Justice Programs that benefit Indian communities. (Apr. 8, 
1997.)
---------------------------------------------------------------------------
    The Committee finds this situation to be unacceptable. The 
bill it recommends is intended to ensure adequate resources are 
directed toward addressing juvenile crime and violence in 
Indian country by setting aside from the block grant 
appropriations an amount for grants to tribes equal to the 
amount the tribes would be entitled to were their collective 
populations treated as a State. Grants from the funds set aside 
would be made directly to tribes by the Department of Justice.
    The Committee believes that such direct funding is an 
improvement over the current system, in which tribes must go 
through State governments for funding. The Committee's 
recommendation would be less burdensome to the States, would 
ensure adequate funding is directed to tribal governments, and 
would benefit both tribal communities and surrounding State 
communities through an expected reduction of juvenile crime in 
Indian country. The Committee also notes that such direct 
grants to tribes are presently being made under the Violent 
Offender Incarceration and Truth in Sentencing Incentive Grant 
program.
    4. Section 304--State Plans.--The Committee also recommends 
reauthorization, with some modification, of the formula grants 
previously administered by OJJDP. The application process for 
States to receive formula grants remains essentially the same. 
The Committee's recommendation does add flexibility to several 
of the grant eligibility requirements (``mandates''). For 
example, the bill recommended by the Committee provides 
flexibility under the mandate which currently prohibits the 
incarceration of status offenders. Status offenses are those 
offenses that would not be offenses if committed by adults, 
such as runaway status, curfew violations, and truancy. The 
Committee received substantial testimony that this mandate in 
particular impeded States' ability to protect both juveniles 
and the community. For instance, Patricia West, Secretary of 
the Virginia Department of Public Safety, testified before the 
Subcommittee on Youth Violence that:

          Localities need the ability to detain status 
        offenders in a secure environment. Status offenders 
        likely come from unstable home settings, and often pose 
        a risk to themselves. Their availability for court 
        hearings is jeopardized due to runaway behavior, and 
        detainment of a runaway is desirable to facilitate 
        assessment of, and treatment for, the underlying 
        problems causing the runaway behavior. * * *
          A recent study by the Virginia Joint Legislative 
        Audit and Review Commission of 3,000 juvenile court 
        records found that over one-half of first time status 
        offenders were rearrested and returned to the court 
        service unit within a three-year period.
          Eighty-five percent of these noncriminal offenders 
        who recidivate were later charged with an offense more 
        serious than a status offense. We really need the 
        flexibility to deal with these offenders when they have 
        their first exposure to the court, and that would 
        enhance our chances of a successful 
        intervention.34
---------------------------------------------------------------------------
    \34\ Testimony of Patricia West, Virginia Secretary of Public 
Safety, before the Senate Subcommittee on Youth Violence of the 
Judiciary Committee, concerning ``Fixing a Broken System: A Review of 
Office of Juvenile Justice and Delinquency Prevention Mandates'' (May 
6, 1997).

    Additionally, Ms. Judy Nish, a parent from Marion, IA, 
testified that ``the status offender mandate unreasonably 
interferes with efforts by conscientious parents to control the 
conduct of their children.'' 35 The Committee agrees 
with the views of the expert witnesses and citizens who 
testified on this matter, and includes provisions providing 
flexibility under this mandate.
---------------------------------------------------------------------------
    \35\ Testimony of Judy Nish before the Senate Subcommittee on Youth 
Violence of the Judiciary Committee, concerning ``Fixing a Broken 
System: A Review of Office of Juvenile Justice and Delinquency 
Prevention Mandates'' (May 6, 1997).
---------------------------------------------------------------------------
    The revised status offender mandate loosens current 
requirements by permitting the incarceration of status 
offenders for extended periods of time. The revised mandate, 
however, requires that after 24 hours, excluding weekends and 
holidays, status offenders must be removed from adult jails and 
placed in juvenile facilities. Due to the special problems 
presented by runaways, the bill permits runaways to be 
incarcerated for up to 14 days, upon written findings by the 
juvenile court that the behavior of the runaway has endangered 
his or her physical or mental well-being, that secure detention 
is necessary for the runaway's safety, and that the runaway is 
being detained only for as long as necessary to obtain a 
suitable placement. Other status offenders may be incarcerated 
for up to 3 days, so long as the court explains the reasons 
secure detention is necessary and other sanctions would be 
inadequate.
    Persons who violate the Federal youth handgun law or 
similar State laws, as well as juveniles that have violated 
valid court orders, are not covered by these protections. 
Similarly, the bill retains the current law's blanket 
prohibition on incarceration of alien juveniles in custody and 
dependent, abused, and neglected children.
    As recommended by the Committee, S. 10 also enhances the 
flexibility provided to States and localities under the current 
State Plan formula grant mandates relating to sight and sound 
separation of juvenile and adult inmates, and the colocation of 
juvenile and adult detention facilities. These mandates are 
discussed more fully elsewhere in this report, in the section 
describing the fourth requirement of the incentive block 
grants. As discussed in that section, it is the Committee's 
belief that the mandates in current law are antiquated, 
inflexible, and, on the whole, counterproductive. The reformed 
mandate recommended by the Committee is identical to the fourth 
requirement for State qualification for an incentive block 
grant, and provides a protective floor by ensuring that no 
juvenile alleged to be or determined to be delinquent can 
bedetained or confined in any institution in which the juvenile has 
prohibited physical contact with adult inmates, or in which an adult 
inmate and a juvenile can engage in sustained oral communication for 
more than 72 hours.
    In addition to relaxing the mandates with which States must 
comply in order to receive the formula grants, however, S. 10 
makes one other major change to the State Plan Formula Grants: 
It requires 40 percent of the formula grant funds to be used on 
programs that employ graduated sanctions. It is the Committee's 
belief that graduated sanctions, by ensuring some penalty is 
given for even minor violations, deter juveniles from 
committing more serious violations. The Committee realizes that 
States must be given the flexibility to design programs that 
best employ graduated sanctions in their jurisdictions, and 
believes this reauthorization accomplishes this important goal.
    5. Research, Evaluation, and Dissemination.--OJJDP was 
established in large part to be the Federal Government's 
research arm into juvenile delinquency and a resource to States 
on effective programs and techniques to address the problem. 
This meant that not only would OJJDP undertake its own research 
and evaluation efforts, but that it also would disseminate to 
the States the results of well-considered evaluation and 
research studies performed by others. Given the juvenile 
delinquency problem of the time, Congress was farsighted in the 
creation of the function. The Committee believes that, 
unfortunately, OJJDP has failed to fulfill the promise of 
determining effective programs. Indeed, the Committee believes 
that we know little more of what is effective today than we 
knew two decades ago, putting to one side how to address the 
very different youth violence problem that exists today. At the 
Youth Violence Subcommittee's oversight hearing in the 104th 
Congress, for instance, witnesses were able to identify only a 
few OJJDP-funded programs that had been evaluated to be 
effective. This was true notwithstanding OJJDP's publication of 
a list of programs purported to be effective, only a small 
number of which had ever been evaluated.
    The Committee believes that it is an urgent priority that 
the research and evaluation mission that was intended for OJJDP 
23 years ago actually be performed. Testifying at a related 
hearing during the 104th Congress, UCLA professor and 
criminologist James Q. Wilson noted that he has watched 
Washington struggle with the crime problem for 30 years, and 
``I think I can say that we know essentially no more today 
about how to deal with these problems than we knew 30 years 
ago, and if that were the state of affairs with respect to AIDS 
or influenza or smallpox or tuberculosis, it would be a 
national scandal.'' Professor Wilson went on to recommend that 
Congress set aside funding to discover, specifically, 
systematically, and scientifically, what works in the realm of 
crime prevention.36
---------------------------------------------------------------------------
    \36\ Testimony of James Q. Wilson before the Senate Judiciary 
Committee on Federal law enforcement priorities; 104th Cong., 1st 
sess., Feb. 14, 1995, S. Hrg. 104-597.
---------------------------------------------------------------------------
    The Committee agrees with Professor Wilson's assessment. 
Everyone knows that youth violence is a serious national 
problem, but little is known about successfully preventing 
those crimes or about strategies for early and effective 
intervention. Testifying before the Youth Violence Subcommittee 
during the 104th Congress, Professor Blumstein, of Carnegie-
Mellon University, noted that existing research findings 
``reflect only a tiny portion of that we need to know to make 
effective policy and operational decisions'' and that we are 
``at an extremely primitive stage of knowledge regarding 
violence.'' One major deficit in the existing research, he 
testified, is focus on one site or setting, rather than whether 
a particular approach can be generalized to a larger population 
base.
    Numerous witnesses last Congress concurred that the primary 
responsibility for the operation and effectiveness of the 
juvenile justice system remains with State and local 
governments. Nonetheless, a consensus among witnesses developed 
that conducting research and evaluating programs designed to 
combat youth violence is a proper Federal function. Professor 
Blumstein concluded that the States are unlikely to focus on 
such a public good when its benefits would be dispersed so 
widely. Even if States did conduct such research, the results 
would not reflect the effectiveness of a program upon a broad 
range of populations, which is a critical research need. 
Further, only the Federal Government is likely to conduct such 
comprehensive research because of its cost, although economies 
of scale would be available at the Federal level.
    To be sure, OJJDP currently conducts research, and some of 
the witnesses praised some of that research. Nonetheless, OJJDP 
emphasizes how much of its resources are returned directly to 
the States, implicitly recognizing that little of its budget is 
directed to research and evaluation. And the quality of much of 
its research work is subject to criticism. Dean Shwartz, former 
OJJDP Administrator, remarked that ``OJJDP still does not have 
a focus and coherent research and development agenda. Because 
of this, resources have been squandered and little knowledge 
has been advanced in key areas.''
    Witnesses agreed not only that the quality of Federal 
research must be improved, but that the budget for such 
research must be increased as well. Professor Blumstein 
contrasted the OJJDP youth violence research budget of under 
$20 million with NIH's budget, which is nearly 1000 times 
larger. ``It is clear that the research expenditures in this 
area are profoundly inconsistent with the magnitude of the 
problem, and with the resources committed to other comparably 
important National issues.''
    Witnesses appearing before the Subcommittee during the 
104th Congress raised urgent and serious issues in youth 
violence research that would be appropriate subjects for 
Federal research efforts. Professor Blumstein discussed the 
paucity of information concerning the development of violent 
career criminals and how that development relates to family 
environments. Dean Shwartz agreed that little is known 
concerning the prevention of serious chronic and violent 
behavior. Professor Blumstein also listed as necessary research 
issues the effect of community conditions such as social 
isolation on juvenile violence, gang violence, drug markets, 
and gun markets. Additionally, research is needed into what 
intervention programs successfully socialize offenders, and how 
the juvenile justice system can control illegal guns and drugs. 
Dean Shwartz finds that research is needed into the 
effectiveness of applying adult sentencing practices on 
juveniles and in identifying effective programs, with reference 
to particular types of youth inparticular circumstances.
    In addition to directing research into basic questions such 
as criminal history progression and the effect of trying youths 
as adults, witnesses such as Professors Thornberry and Elliot 
agreed that rigorous evaluation research should be conducted on 
various prevention programs to determine if such programs are 
effective. Professor Elliot believes that too much of what 
OJJDP spends on evaluation does not actually determine the 
effectiveness of programs, but only whether a program delivers 
the services that it agreed to provide in its grant 
application. The GAO's Laurie Ekstrand found that the 
evaluations OJJDP conducted for its discretionary grants were 
of exactly that process-oriented character. Too often, 
recipients of Federal prevention grants make well meaning but 
unsubstantiated claims that their programs are successful. The 
Committee agrees with Professor Wolfgang that self-
congratulatory anecdotal claims of success should be 
discounted.
    Peer-reviewed evaluations are the only means of determining 
which prevention programs are actually worth funding. To study 
effectiveness, individual programs need to be tested in 
different locations with different youths and different staff 
for a lengthy time period. Such evaluation is expensive. The 
Subcommittee received testimony that ``the evaluations we are 
talking about here cost as much as the annual budget for most 
of these programs.'' Yet, less comprehensive evaluations will 
produce little new knowledge of successful approaches to reduce 
what is perhaps the country's most significant problem.
    Of course, not all research will produce evidence of 
successful approaches. As Professor Thornberry noted, however, 
identifying programs that do not work is as important as 
identifying those that do. Indeed, some research in this area 
as identified programs that are not only not effective, but are 
actually harmful. States need to know which programs their 
formula grants should not support.
    To do so, Dean Shwartz and Professor Wolfgang maintain that 
OJJDP needs to do a better job in disseminating to States the 
result of research and evaluation efforts. Dean Shwartz 
mentioned that OJJDP should provide the States with more 
policy-relevant information, such as the studies that suggest 
that juveniles who go to adult prisons are more likely to 
commit crimes upon their release than similarly situated 
juveniles who are sent to juvenile facilities. Once effective 
programs are identified, Professors Elliot and Wolfgang 
suggested that States be given incentive to implement 
successful programs and not to fund unsuccessful ones.
    Professors Blumstein and Elliot also stressed the 
importance of Federal Government's provision of training and 
technical assistance to the States, once it has been determined 
that there are effective techniques and evaluations that have 
been carried out. Professor Elliot mentioned that OJJDP now has 
eight grants for data collection, and funds 24 agencies for 
technical assistance, which should be better coordinated.
    The Committee has incorporated many of the witness's 
recommendations in the legislation it has reported. The bill 
the Committee recommends makes numerous changes to the research 
and evaluation component of OJJDP. Most of these changes were 
also included in S. 1952, which the Judiciary Committee 
reported in 1996, during the 2d session of the 104th Congress. 
The purpose of these changes is to ensure that the programs 
formulated under Federal youth violence grants can be 
scientifically and independently evaluated to determine their 
effectiveness. The Committee recommendation does not provide 
sufficient funds to evaluate all formula grant funded programs, 
but the Administrator should evaluate a mix of programs in a 
variety of locales among a diverse group of youths so that 
knowledge can be gained about the evaluation of types of 
programs as well as individual approaches. The Committee's 
desire is to enhance the professionalism and quality of work 
product conducted by NIJJDP, with NIH, NSF, and similar Federal 
research agencies as models. The Committee notes that there are 
a number of independent organizations, such as the Hamilton 
Fish Institute on Violence in Schools and Communities, that 
conduct rigorous, scientific research on juvenile crime and 
public safety nationally.
    6. Section 305--Grants to Prosecutors.--The Committee 
believes that the administration of State juvenile justice 
systems will be enhanced if additional resources are made 
available to the States for the prosecution and adjudication of 
juvenile criminal and delinquency cases. The bill the Committee 
recommends includes a new section for the JJDPA, providing 
Federal grants to States for use by prosecutors, courts, and 
public defenders in the adjudication of juvenile criminal and 
delinquency cases.
    7. Disproportionate Minority Confinement.--Section 
223(a)(23) of the JJDPA Act (codified at 42 U.S.C. 5633(a)(23)) 
mandates that, in order to receive block grant funding, State 
plans must ``address efforts to reduce the proportion of 
juveniles detained or confined in secure detention facilities, 
secure correctional facilities, jails, and lockups who are 
members of minority groups if such proportion exceeds the 
proportion such groups represent in the general population.'' 
That requirement focuses on the number of minorities in the 
judicial system compared to the general minority population and 
does not take into account the actual number of crimes 
committed by minorities.
    OJJDP has promulgated regulations to interpret this 
provision. In order to comply with the statutory language, the 
OJJDP requires States to complete an Identification, 
Assessment, and Intervention Phases pursuant to section 
31.303(j) of the OJJDP Formula Grants Regulation.37 
OJJDP maintains that ``the DMC core requirement neither 
requires nor establishes numerical standards or quotas in order 
for a State to achieve or maintain compliance.'' 38 
In essence, the OJJDP regulations require the following: First, 
each State must provide quantifiable documentation in its 
fiscal year 1994 Formula Grant Plan (and all subsequent Multi-
Year Plans) to determine whether disproportionate minority 
confinement in fact exists. Second, each State's Formula Grant 
Plan must provide a completed assessment of disproportionate 
minority confinement that, at a minimum, must identify and 
explain differences in arrest, diversion, and adjudication 
rates; court dispositions other than incarceration; the rates 
and periods of prehearing detention in and dispositional 
commitments to secure facilities of minority youth in the 
juvenile justice system; and transfers of juveniles to adult 
court. Third, where disproportionate minority confinement has 
been demonstrated, each State's fiscal year 1995 Formula Grant 
Plan must provide a time-limited plan of action for reducing 
the disproportionate confinement of minority juveniles in 
secure facilities. The intervention plan shall be based on the 
results of the assessment, and must include, but not be limited 
to diversion programs (such as police diversion programs), 
prevention programs, reintegration programs designed to reduce 
recidivism rates, policy/procedural reform, and staffing/
training assistance that will positively impact minority youth.
---------------------------------------------------------------------------
    \37\ 28 CFR, pt. 31, Federal Register, Tuesday, Dec. 10, 1996, vol. 
61, No. 238, p. 65132-65139.
    \38\ U.S. Department of Justice, ``Office of Juvenile Justice and 
Delinquency Prevention Formula Grants Regulation Revision Summary,'' 
December 1996, p. 2.
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    In 1991, the Office of Juvenile Justice and Delinquency 
Prevention (OJJDP) examined the role that minority status may 
play in the processing of youths through the juvenile justice 
system.39 Research conducted by Pope and Feyerherm 
on behalf of the OJJDP summarized existing literature on 
disproportionate minority confinement and found that 
approximately two-thirds of all published studies show evidence 
of disproportionate minority confinement, while one-third did 
not.40 On June 25, 1991, the Juvenile Justice 
Subcommittee, chaired by Senator Kohl, held hearings on the 
overrepresentation of minority youth in the juvenile justice 
system. At the hearing, Larry LeFlore of the Institute of 
Juvenile Justice Administration and Delinquency Prevention, 
testified that ``[o]verrepresentation of minorities exists at 
every stage of the juvenile justice system.'' 41 
While no specific statistics were provided, subsequent OJJDP 
reports have found statistical evidence of overrepresentation. 
The most commonly cited statistic is that although African-
American juveniles age 10 to 17 constitute 15 percent of the 
total population of the United States, they constitute 26 
percent of juvenile arrests, 32 percent of delinquency 
referrals to juvenile court, 41 percent of the juveniles 
detained in delinquency cases, 46 percent of the juveniles in 
correctional institutions, and 52 percent of the juveniles 
transferred to adult criminal court after judicial 
hearings.42
---------------------------------------------------------------------------
    \39\ H. Rpt. 104-783, ``The Juvenile Crime Control and Delinquency 
Prevention Act of 1996,'' p. 31.
    \40\ Pope, C. and W. Feyerherm, ``Minorities in the Juvenile 
Justice System,'' Office of Juvenile Justice and Delinquency 
Prevention, Juvenile Justice Clearinghouse, 1992;

        Disproportionate minority confinement is defined by OJJDP 
      as a ratio of ``the share of the juvenile justice 
      population that is minority relative to the share of the 
      at-risk population that is minority.'' Since the late 
      1960's, scores of researchers have published studies 
      assessing the extent to which disproportionate minority 
      confinement exists within the juvenile justice system. 
      Approximately two thirds of all published studies found 
      evidence of disproportionate minority confinement (Pope and 
      Feyerherm, 1992). One third of the studies, however, did 
      not find evidence of disproportionate minority confinement. 
      Researchers note that inherent methodological difficulties 
      contributed to inconsistent findings. Another factor 
      contributing to the inconsistent findings may be that most 
      disproportionate minority confinement studies were 
      restricted to one stage in system processing (Bishop and 
      Frazier, 1988). Such an approach, several authors contend, 
      fails to measure the ``cumulative disadvantage'' to 
      minority youth within a juvenile justice system. Although 
      race may have a small, statistically insignificant effect 
      on decision making at stages, race may still have a 
      significant effect on the juvenile justice system outcomes 
      overall (Zatz, 1987).
        Approximately one-third of all disproportionate minority 
      confinement studies found an overall pattern of 
      disproportionate minority confinement, while an equal 
      proportion of studies found Disproportionate minority 
      confinement only at particular points within the juvenile 
      justice system (Pope and Feyerherm, 1992). Many researchers 
      believe that Disproportionate minority confinement is most 
      pronounced at the ``front end'' of the juvenile justice 
      system, yet few Disproportionate minority confinement 
      studies have focused on the front end (Conley, 1994). 
      Measuring the racial bias that occurs when police officers 
      decide which juveniles to question--or when citizens, 
      social workers, and school officials decide to alert 
      authorities to delinquent behavior--is fraught with 
      methodological challenges (Sampson, 1986).
U.S. Department of Justice, Office of Juvenile Justice and Delinquency 
Prevention, ``Evaluation of the Disproportionate Minority Confinement 
(DMC) Initiative, North Carolina Final Report,'' May 1996, at I-1, 2.
---------------------------------------------------------------------------
    \41\ S. Hrg. 102-304, ``Minority Overrepresentation in the Juvenile 
Justice System,'' hearing before the Subcommittee on Juvenile Justice 
of the Committee on the Judiciary, U.S. Senate, June 25, 1991, at 18.
    \42\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``Juvenile Victims and Offenders: A National 
Report,'' August 1995, at 91.
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    In the 1992 amendments to the Juvenile Justice and 
Delinquency Prevention Act of 1974, Congress included the 
disproportionate minority confinement language in an attempt to 
address these statistics. In response to the legislation, the 
OJJDP commissioned the ``DMC Initiative.'' Through a 
competitive process, the OJJDP selected five States--Arizona, 
Florida, Iowa, Oregon, and North Carolina--to serve as pilot 
States for developing disproportionate minority confinement 
intervention programs. The results of these State pilot 
programs varied and are summarized below. Upon termination of 
the Disproportionate Minority Confinement Initiative, the OJJDP 
issued regulations requiring States to identify statistical 
instances of disproportionate minority confinement, assess the 
causes of disproportionate minority confinement, and intervene 
through diversion, prevention, and reintegration programs, as 
well as through changes in policy, staffing, and training.
    State compliance with the disproportionate minority 
confinement mandate has varied. Nine States have completed the 
identification phase of the disproportionate minority 
confinement initiative, and they found no evidence of 
disproportionate minority confinement.43 Thirty-
eight States have completed the identification and assessment 
phases and are implementing the intervention 
phase.44 Eight other States are still in the 
identification and assessment phases of the plan.45 
States have spent a total of $32,741,595 (16.9 percent of total 
compliance spending) to comply with the disproportionate 
minority confinement mandate over the past several 
years.46
---------------------------------------------------------------------------
    \43\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``1995 Compliance Monitoring Summary'' 
(analyzing performance of American Samoa, Commonwealth of the Northern 
Mariana Islands, Guam, Maine, New Hampshire, Puerto Rico, Republic of 
Palau, Vermont, Virgin Islands).
    \44\ Id.
    \45\ Id.
    \46\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``DMC Spending by State and Year,'' July 24, 
1997.
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    The Committee believes that the results of the 
disproportionate minority confinement initiative pilot programs 
are mixed and raise some serious concerns about the nature of 
the disproportionate minority confinement mandate. The Arizona 
pilot project confronted a ``lack of support from key 
individuals or groups.''47 Some government officials 
did not support the DMC Initiative because they believed it 
represented a subtle accusation or racism.48 Law 
enforcement officials also construed the disproportionate 
minority confinement initiative as an accusation that Arizona's 
law enforcement agencies are permeated by racists.49
---------------------------------------------------------------------------
    \47\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, Evaluation of the Disproportionate Minority 
Confinement (DMC) Initiative, Arizona Final Report, May 1996, at III-
16.
    \48\ Id.
    \49\ Id.
---------------------------------------------------------------------------
    In Florida, the pilot program was resisted by juvenile 
justice professionals. This resistance was due in large measure 
to the juvenile justice professional's belief that those youths 
who were incarcerated needed to be confined for the safety of 
the community--they believed that the ``right kids'' were being 
confined. The Florida Final Report notes that despite serious 
concerns, these professionals have ``continued to move forward 
with developing constructive alternatives to court and 
confinement'' for minority youth offenders.50 More 
resistance is expected, however, as juvenile justice 
professionals undergo cultural sensitivity training in 1997 as 
part of the intervention phase of the initiative.51
---------------------------------------------------------------------------
    \50\ Id.
    \51\ Id.
---------------------------------------------------------------------------
    The Iowa pilot project found that it was difficult to 
obtain a consensus as to the causes of disproportionate 
minority confinement, and that different analyses of the causes 
of disproportionate minority confinement led to distinct 
solutions:

    One explanation was that the causes of DMC are chiefly due 
to the juvenile justice system reflecting the racism of the 
community at-large to the disadvantage of minority youth. 
Holders of this view felt that the justice system could be 
reformed to reduce DMC, and that if racism were to somehow 
disappear, so would DMC. The other explanation was that DMC is 
caused by socio-economic factors beyond the control of the 
juvenile justice system and government. Holders of this view 
felt that delinquents are in the system because of what they 
do, not because of their race. Many of them felt that if racism 
were to disappear, youth from the lowest economic class would 
continue to be disproportionately confined.
          * * * * *
     The disagreement is significant because the two 
explanations imply very different solutions. The first 
explanation requires that the juvenile justice system change 
the way it operates and invest in cultural sensitivity and 
diversity. It requires a re-examination of practices including 
``objective'' processes and guidelines. It also implies the 
need for family advocacy for minority youth dealing with a 
system where race impacts outcomes. The second explanation 
implies the need for prevention before the youth engage in the 
behaviors that lead to the juvenile justice system. Holders of 
this view emphasized family strengthening, measures to keep 
youth in school, and parent skills training for families of at-
risk minority youth.52
---------------------------------------------------------------------------
    \52\ Evaluation of the Disproportionate Minority Confinement (DMC) 
Initiative, Iowa Final Report, May 1996, at V-7, 8.

    As other States have attempted to implement the 
disproportionate minority confinement initiative, they have 
encountered problems similar to those of the pilot group. ``The 
State of Virginia has spent over $800,000 on reports alone 
required for compliance with this mandate. While they have 
found that a disproportionate number of minorities have been 
incarcerated compared to their percentage in the general 
population, they have also found this can be attributed to 
factors other than race. Such factors include economic 
conditions, family situation, severity of crime, and the number 
of past offenses. They have not found that sentences have been 
given out or that penalties have been enhanced based on 
race.''53
---------------------------------------------------------------------------
    \53\ H. Rpt. 104-783, ``Juvenile Crime Control and Delinquency 
Prevention Act of 1996,'' at 31.
---------------------------------------------------------------------------
    The view of Virginia lawmakers has been supported in part 
by the OJJDP. The OJJDP recently stated that 
``overrepresentation can result from factors other than 
discrimination. Factors relating to the nature and volume of 
crime committed by minority youth may also explain 
disproportionate minority confinement.'' 54
---------------------------------------------------------------------------
    \54\ U.S. Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, ``Juvenile Offenders and Victims: A National 
Report,'' August 1995, at 92.
---------------------------------------------------------------------------
    Despite OJJDP'S effort at clarification, current law can be 
interpreted to require States to release violent minority 
youths, or to refrain from arresting delinquent youths if their 
numbers in confinement exceed their numbers in the general 
population. On March 12, 1996, Jerry Reiger, Director of the 
Oklahoma Department of Juvenile Justice, in testimony before 
the Senate Subcommittee on Youth Violence, discussed a study 
published in late 1993 analyzing this issue in the State of 
Oklahoma. According to that study, African-American juveniles 
represented 9.6 percent of the juvenile population in Oklahoma 
but comprised 25 percent of all juvenile arrests. Native 
American juveniles, on the other hand, comprised 11.2 percent 
of the juvenile population yet only 5.1 percent of the total 
arrested. According to Mr. Reiger: ``Quotas are not the answer. 
Youth are placed in a system based on their acts, not their 
race. We do not plan to go out and arrest more Native American 
youth to get their numbers up, nor will we cease arresting 
African- American juveniles who commit crimes. Youth are 
arrested and adjudicated based on their acts, not their race.'' 
55 Reiger suggested that the right approach to the 
problem of disproportionate minority confinement is ``to ensure 
that prevention monies get to the right neighborhoods and 
families so we can actually reduce the percentage of African-
Americans coming into the system.'' 56
---------------------------------------------------------------------------
    \55\ H. Rpt. 104-783, at 31-32.
    \56\ S. Rpt. 104-369, ``Juvenile Justice and Delinquency Prevention 
Act of 1996,'' at 15.
---------------------------------------------------------------------------
    By looking past socioeconomic conditions in its formulaic 
determination of ``overrepresentation,'' the disproportionate 
minority confinement mandate carries the implicit assumption 
that the juvenile justice system discriminates against minority 
youth. It ignores the fact that crime may predominantly be a 
socioeconomic phenomena that afflicts poor youth in large 
cities, where minorities are geographically concentrated. As 
State after State has sought to implement the disproportionate 
minority confinement initiative, it has become increasingly 
clear that a consensus cannot be reached as to the causes of 
disproportionate minority confinement. Some believe that 
disproportionate minority confinement is a result of 
discrimination on the part of justice system decisionmakers, 
while others suggest that disproportionate minority confinement 
stems from socioeconomic factors. No research has emerged to 
answer this question determinatively. Accordingly, the outcome 
of disproportionate minority confinement intervention programs 
is highly sensitive to the identification and assessment phases 
of the investigation, not to mention the personal and political 
biases of those who make identifications and assessments.
    As pilot program studies have evidenced, confusion over the 
causes of disproportionate minority confinement has led to 
undesirable reactions in the juvenile justice community. Many 
juvenile justice professionals, justifiably, have felt wrongly 
accused of racism. The imposition of cultural sensitivity 
training for these individuals may only serve to heighten their 
sense of indignation. Others have felt that the juvenile 
justice system is being blamed for a socioeconomic problem that 
it has neither the resources nor the capability of changing.
    The Committee believes that a better approach is to target 
prevention monies to those geographic areas with the highest 
rates of crime. This approach will help to create a colorblind 
juvenile justice system that places individual rights above 
group rights and forces criminal offenders to be responsible 
for their individual actions. At the same time, it will target 
those funds where they are most needed and where they might do 
the most good. For this reason, the Committee recommends 
replacing the current DMC mandate with a requirement that 
prevention funding be so targeted. The Committee notes that 
while this requirement applies only to Part B funding, it is 
the Committee's hope that prevention funding under the block 
grant might be similarly targeted at the choice of the States.
    Further, it is the Committee's belief that the 
disproportionate minority confinement mandate has created 
prohibitively expensive regulatory requirements on the States. 
As mentioned earlier, the State of Virginia alone spent more 
than $800,000 on reports to comply with this mandate. More 
generally, according to the GAO, approximately 70 percent of 
the jurisdictions at one time or another have devoted 100 
percent of available title II formula grant funds toward 
meeting the four core requirements, including the 
disproportionate minority confinement mandate. The Committee 
believes that the millions of dollars currently spent to comply 
with the disproportionate minority confinement mandate would be 
better spent on traditional law enforcement and prevention 
programs targeted toward juveniles.
    Moreover, given recent Supreme Court precedent, the 
Committee is concerned about the constitutionality of the 
disproportionate minority confinement mandate. Recent cases 
such as Adarand Constructors, Inc. v. Pena,57 Bush 
v. Vera,58 Miller v. Johnson,59 and Shaw 
v. Reno,60 have subjected government racial 
preferences and classifications to the strictest judicial 
scrutiny. It is the Committee's belief that it is difficult, if 
not impossible, to withstand strict judicial scrutiny. 
Consequently, it is the Committee's intent to avoid suspect 
racial classifications completely and, instead, to target 
prevention monies to those geographic areas with the highest 
rates of crime.
---------------------------------------------------------------------------
    \57\ 515 U.S. 200 (1995).
    \58\ 116 S. Ct. 1941 (1996).
    \59\ 115 S. Ct. 2475 (1995).
    \60\ 509 U.S. 630 (1993).
---------------------------------------------------------------------------
    8. The GREAT (Gang Resistance Education and Training) 
Program.--The GREAT Program was initiated in Fiscal Year 1992 
through a partnership between the Phoenix Police Department and 
the Bureau of Alcohol, Tobacco, and Firearms (ATF). It was 
subsequently expanded by section 32401 of the Violent Crime 
Control and Law Enforcement Act of 1994.61 The GREAT 
Program seeks to deter gang involvement and to assist children 
to become responsible members of their communities by setting 
goals for themselves, resisting negative pressures, learning 
how to resolve conflicts, and understanding how gangs affect 
the quality of their lives.
---------------------------------------------------------------------------
    \61\ Public Law 103-322, 108 Stat. 1902 (Sept. 13, 1994).
---------------------------------------------------------------------------
    This section makes some much needed improvements in the 
GREAT Program. To start, this section will help ensure that a 
greater percentage of GREAT Program funds reach localities than 
is required by current law. Current law allocates 50 percent of 
appropriated funds to ATF for salaries, expenses, and 
associated administrative costs for operating and overseeing 
GREAT projects. The Committee believes that this amount is 
grossly out of line. This section reduces ATF's oversight 
funding to 15 percent of appropriated funds. This section also 
reforms the process by which communities will be selected for 
GREAT programs. After the beginning of fiscal year 1998, each 
community identified for a GREAT project shall be selected by 
the Secretary of the Treasury on the basis of the following 
factors: (1) the level of gang activity and youth violence in 
the area in which the community is located; (2) the number of 
schools in the community in which training would be provided 
under the project; (3) the number of students in a school 
system who would receive training; and (4) a written 
description from officials of the community explaining the 
manner in which funds made available to the community would be 
allocated. The amendment does not require the termination of 
any projects selected prior to the beginning of fiscal year 
1998.

                              G. Title IV

    1. Section 401--2,500 Boys and Girls Clubs Before 2000.--
The Committee recommends this section to address the continuing 
initiative to ensure that, with Federal seed money, the Boys 
and Girls Clubs of America are able to expand and serve an 
additional 1 million young people through at least 2,500 clubs 
by the year 2000.
    The 104th Congress enacted legislation authorizing $100 
million in Federal seed money over five years to establish and 
expand Boys and Girls Clubs in public housing and distressed 
areas throughout our country.62 This section 
streamlines the application process for these funds, and it 
permits a small amount of the funds to be used to establish a 
role model speakers program to encourage and motivate young 
people nationwide.
---------------------------------------------------------------------------
    \62\ Section 401 of the Economic Espionage Act of 1996, Public Law 
104-294, 110 Stat. 3496 (Oct. 11, 1996).
---------------------------------------------------------------------------
    The Committee notes that its recommendation provides seed 
money for the construction and expansion of clubs to serve our 
young people. This is ``bricks and mortar'' money to construct 
clubs. After they are opened, they will operate without any 
significant Federal funds. The Committee believes that this is 
a model for the proper role of the Federal government in crime 
prevention.
    Boys and Girls Clubs are among the most effective 
nationwide programs to assist youth in developing into honest, 
caring, involved, and law-abiding adults. Researchers at 
Columbia University found that public housing developments in 
which there was an active Boys and Girls Club had a 25 percent 
reduction in the presence of crack cocaine, a 22 percent 
reduction in overall drug activity, and a 13 percent reduction 
in juvenile crime. Members of Boys and Girls Clubs also do 
better in school, are less attracted to gangs, and feel better 
about themselves.
    The Committee believes that the reason Boys and Girls Clubs 
work is that they are locally run and depend primarily on 
community involvement for their success. Indeed, the Committee 
notes that Federal efforts are already paying off. Using over 
$15 million in seed money appropriated for fiscal year 1996, 
the Boys and Girls Clubs of America opened 208 new clubs in 
1996. These clubs are providing positive places of hope, 
safety, learning and encouragement for about 180,000 more kids 
today than in 1995.
    This section also includes a provision to provide Federal 
support to build three flagship club facilities in the Nation. 
These flagship clubs will serve as a model for all Boys and 
Girls Clubs and will provide hope and unparalleled facilities 
for thousands of youth. Specifically, the provision recommended 
by the Committee authorizes $15 million to cover part of the 
cost of constructing and equipping three state-of-the-art Boys 
and Girls Club facilities across the Nation. The Committee 
believes that this Federal support will free up private sector 
funds to operate the facility, and to bring the finest 
professionals to help thousands of at-risk youth and their 
families avoid a life of crime, violence and drugs.
    The Committee intends that a National Capital Flagship 
Facility, under the auspices of the Boys and Girls Clubs of 
Greater Washington and in concert with the Boys and Girls Clubs 
of America, be among the flagship facilities established under 
pursuant to this section. The Committee intends this and the 
other flagship clubs to serve as national prototypes for 
programs to serve at-risk youths and their families living in 
the most troubled urban and rural areas of the United States, 
including in Indian country.

                               H. Title V

                               subtitle a

    1. Section 501--Definition of Unit of Local Government.--
The Committee recommends adopting a revised definition of the 
term ``unit of local government'' for the purpose of 
qualification for Federal law enforcement assistance in order 
to address a problem concerning the State of Louisiana. In 
Louisiana, individual Sheriffs are independent taxing 
authorities with law enforcement authority, and have 
responsibility independent of other local governmental 
entities. Recent Department of Justice interpretation of 
relevant Federal grant programs, however, havemade these 
Louisiana law enforcement entities ineligible for many Department of 
Justice grants. The Committee recommends this section to correct this 
interpretation. This provision has no impact, adverse or otherwise, on 
any other State.
    2. Section 502--Carjacking Offenses.--In 1992, Congress 
made ``carjacking'' a Federal offense, and in 1994 amended the 
law, codified at 18 U.S.C. 2119, to make carjacking a Federal 
capital offense if death results and to require the government 
to prove, as an element of any Federal carjacking offense, that 
the defendant acted ``with the intent to cause death or serious 
bodily harm.''63 Since then, the Justice Department 
has informed the Committee that the inclusion of this element 
has led to the acquittal of at least one defendant who 
otherwise committed the offense of carjacking. The Committee 
has decided that the inclusion of this element is unnecessary 
to establish either culpability or Federal jurisdiction over 
the conduct in question. Accordingly, the bill reported by the 
Committee would delete this element from section 2119 of title 
18.
---------------------------------------------------------------------------
    \63\ Section 60003 of the Violent Crime Control and Law Enforcement 
Act of 1994, Public Law 103-322, 108 Stat. 1970 (Sept. 13, 1994). The 
scienter requirement added by the 1994 amendment replaced a provision 
of the 1992 law that required the Government to prove possession of a 
firearm by the defendant during the commission of the offense.
---------------------------------------------------------------------------
    3. Section 503--Firearms Safety.--The Committee notes that 
the proper storage of firearms is the responsibility of all gun 
owners. The key to this responsibility is the best combination 
of education, safety, training and careful consideration of all 
factors that relate to an individual's particular needs. Safe 
storage of handguns varies depending on the type of firearm, 
and the needs of the owner. There is no one approach for all 
circumstances; each is unique and specific and must be treated 
as such.
    The Committee recognizes that locks and other safety 
devices are already used by thousands of responsible gun owners 
and are available in virtually any gun store. With this 
section, however, the Committee intends further to encourage 
the use of such devices, while preserving the individual's 
right to choose which method of secure gun storage or safety 
device would be most suitable to his or her particular 
circumstances. The Committee recognizes that there are many 
options for securing a loaded firearm which may be kept 
available primarily for self-defense purposes in a vault or a 
secure box. There are also reasons why an individual would 
choose not to have a loaded firearm in the home if, for 
instance there are children or other persons who should not be 
allowed unsupervised access to firearms. The general firearms 
safety rule that ought be applied to all conditions is that 
firearms should be stored so they are not accessible to 
untrained or unauthorized persons. The Committee's 
recommendation broadly defines ``secure gun storage or safety 
device'' to include a device that when installed on a firearm 
is designed to prevent it from being operated without first 
deactivating or removing the device, such as a trigger lock; a 
device that is incorporated into the design of the firearm to 
prevent its operation by an unauthorized person; or a safe, gun 
safe, gun case, lock box, or other device, that is designed to 
be unlocked by means of a key, a combination or other similar 
means, and is designed to be or can be used to store a firearm 
securely.
    This provision requires that a Federal firearms dealer 
license applicant must certify that one or more secure gun 
storage or safety devices will be available at any place in 
which firearms are sold under the license to persons who are 
not dealers. This requires licensed dealers to stock one or 
more secure gun storage or safety devices at any place in which 
firearms are sold under the license. The Committee recognizes, 
however, the realities of operating a commercial retail outlet 
and the necessity of ensuring that an otherwise unforeseen 
circumstance does not become the basis for penalizing a 
licensee who would otherwise be in compliance with existing 
Federal statutes. The licensee will not be in violation of this 
section when a secure gun storage or safety device is 
temporarily unavailable because of theft, casualty loss, 
consumer sales, back orders from a manufacturer, or any other 
similar reason beyond the control of the licensee. The penalty 
for willful violation of this provisions, where one of the 
exceptions noted above are not applicable, is revocation of the 
dealer's license, after notice and opportunity for a hearing is 
given pursuant to current law.
    Furthermore, it is the intent of the Committee that this 
statutory language be strictly construed. With this in mind, it 
should be clearly stated that the Committee intends that 
nothing in this firearms safety provision shall be construed to 
create a cause of action against any firearms dealer, firearms 
owner, or any other person for any civil liability, or creating 
any standard of care by which a person or entity may be held 
liable. For example, no standard of care is established by this 
legislation as to whether, or under what circumstances, a 
firearms owner chooses to use or not use a secure storage 
device. Therefore, evidence concerning compliance or 
noncompliance with the amendments made by this section shall 
not be admissible as evidence in any court proceeding, agency, 
board, or other entity. Additionally, the Committee notes that 
the provisions of this section are intended to apply only 
prospectively.
    4. Section 504--Firearm Safety Education Grants.--The 
Committee finds that firearms safety, education and training is 
of primary importance in reducing unintentional firearms 
accidents and deaths, and that the lawful and safe use of 
firearms for self-defense and sporting purposes is an important 
part of this country's heritage and its future. The Committee 
notes that a majority of States now have some form of right-to-
carry legislation, and the Committee believes that firearms 
safety, education, and training for the general public by 
public and private entities should be encouraged. The Committee 
therefore considers the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs (the Byrne Program), 
through the Bureau of Justice Assistance, to be a good vehicle 
through which to deliver such training and education.
    This grant program provides leadership and assistance to 
reduce and prevent crime, violence and drug abuse. In fiscal 
year 1997, $60 million was appropriated for the Byrne 
Discretionary Grant Program. The bill amends the Byrne Program 
to provide that the purpose of the discretionary grants shall 
be the initiation of educational training programs for criminal 
justice personnel and the general public concerning the lawful 
and safe ownership, storage, carriage, or use of firearms, 
including secure storage or safety devices. In carrying out 
this purpose, the bill authorizes the Director of the Bureau of 
Justice Statistics to make grants, or enter into contractswith 
any State or local law enforcement agency to provide for a firearm 
safety program that includes general public training and dissemination 
of information concerning firearm safety, secure gun storage, and the 
lawful ownership, carrying or use of firearms.
    The Committee expects that the use of any Federal funds 
pursuant to this program will be accomplished in an unbiased 
manner. To that end, the Committee prohibits any Byrne Grant 
funds from being used directly or indirectly (as, for example, 
through the supplanting of non-Federal funds) for purposes of 
promoting or advocating gun control. This restriction includes 
lobbying efforts, whether Federal, State, or local which are 
intended to restrict or control the purchase or use of 
firearms. The section takes effect on the earlier of October 1, 
1997, or the date of enactment of the Violent and Repeat 
Juvenile Offender Act of 1997.
    5. Sections 505-508--Firearms Offenses.--Current law makes 
it a crime to engage in various actions in connection with the 
possession or use of a firearm. For example, some persons 
(e.g., convicted felons whose firearm rights have not been 
restored) cannot possess a firearm. These provisions increase 
the authorized statutory punishments for some of these offenses 
and direct the Sentencing Commission to increase the base 
offense level for one of them.
    6. Sections 509-510--Criminal Forfeiture for Certain 
Firearms Offenses.--The criminal law sometimes requires the 
forfeiture of an instrumentality of a crime. These provisions 
address the criminal forfeiture of firearms. The Committee 
believes that it is reasonable to require forfeiture, in the 
criminal process, rather than through civil forfeiture of 
firearms that are used, or that were intended to be used to 
commit or to facilitate the commission of an offense that is 
either a crime of violence, as defined in section 16 of title 
18, or any felony under Federal law. Under section 509, the 
seizing agency may dispose of forfeited firearms in any manner 
authorized by law. Section 510 authorizes the district court, 
at sentencing of a person convicted of a gun trafficking 
offense (as that term is defined in 18 U.S.C. 981(a)(1)(G)), or 
a conspiracy to commit such an offense, to forfeit to the 
United States any conveyance used, or intended to be used, in 
the commission of the offense, and any property traceable to 
such conveyance.
    7. Section 511--Using Prison Inmate Labor and Other Labor 
for Data Processing of Personal Information About Children.--
The Committee intends this provision to further the protection 
of children and adults from falling victim to pedophiles and 
others who seek to prey on individuals by using information for 
criminal purposes. The problem arises from the use of prison 
labor for entering information about individuals into data 
bases and for compiling lists of individual with particular 
characteristics, as well as for various other purposes. This 
practice creates the opportunity for convicted criminals to 
misappropriate sensitive personal information for illicit 
purposes. For instance, the ``New York Times'' reported in 
November, 1996, that a convicted pedophile incarcerated in a 
Minnesota State prison, who managed computer operations for the 
prison's computer programming and telemarketing business, 
secretly created a database of personal information about 
thousands of children. Similarly, an Ohio woman reportedly 
received a ``sexually graphic and threatening letter'' from a 
convicted rapist in a Texas prison, who had received personal 
information about her while keypunching data for a direct 
marketing corporation. By forbidding data input of this nature 
as well as by outlawing the dissemination of such information 
for criminal purposes, the Committee believes that the 
government can help protect an individual's legitimate privacy 
interests without unnecessarily disrupting dissemination of 
such information for legitimate and beneficial commercial, 
educational, and personal reasons.
    8. Section 512--Truth-in-Sentencing Incentive Grants.--The 
Committee is concerned that without a per-State minimum grant 
amount under the truth in sentencing grants portion of the 
Violent Offender Incarceration and Truth in Sentencing 
Incentive Grant program, insufficient incentives are in place 
for all States to reform their sentencing in order to 
effectuate Congressional intent. This section amends the 
program to ensure minimum grant amount for each State.
    9. Section 513--False Advertising or Misuse of Name to 
Indicate United States Marshals Service.--Section 709 of title 
18 makes it a crime to utilize the initials or insignia of 
various Federal agencies in various communications in a manner 
calculated to falsely imply that agency's endorsement or 
authorization. The Committee's recommendation adds a paragraph 
to this section so that the U.S. Marshals Service is included 
among the agencies covered by this provision.
    10. Section 514--Extension of Authority.--Section 233 of 
the Antiterrorism and Effective Death Penalty Act of 1996 
64 requires, as a condition of receipt of Federal 
crime victim compensation assistance, that State crime victim 
compensation funds include victims of foreign and domestic 
terrorism among the crime victims eligible for compensation 
from the funds, and gave States one year to come into 
compliance with the requirement. Recognizing the difficulty 
that States have had in enacting legislation to bring their 
funds into compliance, the Committee recommends this provision 
extending the compliance period until October 1, 1999.
---------------------------------------------------------------------------
    \64\ Public Law 104-132, 110 Stat. 1244 (Apr. 24, 1996).
---------------------------------------------------------------------------
    11. Section 515--Use of Residential Substance Abuse 
Treatment Grants to Provide Aftercare Services.--The purpose of 
Residential Substance Abuse Treatment (RSAT) for State 
Prisoners Formula Grant Program is to assist States and units 
of local government in developing and implementing residential 
substance abuse treatment programs within State and local 
correctional and detention facilities in which prisoners are 
incarcerated for a period of time sufficient to permit 
substance abuse treatment. Entities applying for RSAT funds 
must post a 25 percent match of Federal funds. While the law 
provides a preference to units of government that provide 
``aftercare'' (post-incarceration treatment), the law bars 
prisons from using RSAT funds for post-incarceration treatment. 
The amendment recommended by the Committee would permit States 
to use RSAT funds--including those funds that were appropriated 
before S. 10 takes effect--to provide post-incarceration 
treatment for inmates or former inmates if the Governor 
certifies to the Attorney General that the State is providing, 
and will continue to provide, an adequate level of residential 
treatment services. The Committee believes that this amendment 
will provide for the more effective use of funds appropriated 
for prison drug treatment programs.
    12. Section 516--Establishment of Felony Violations.--Under 
certain circumstances, Federallaw currently makes it a criminal 
offense to avoid child support obligations. The Committee's bill would 
modify current law to provide for felony punishment in certain 
circumstances.
    13. Section 517--Hate Crimes Statistics Act.--The Federal 
Bureau of Investigation, under a delegation from the Attorney 
General, keeps statistics on the commission of hate crimes. In 
order to learn the number of hate crimes committed by juveniles 
and adults, the Committee's recommendation would require the 
Attorney General to include data regarding the age of offenders 
who commit crimes covered by the Hate Crimes Statistics Act (28 
U.S.C. 534) in the FBI Uniform Crime Reports.
    14. Section 518--Elimination of the Statute of Limitations 
for Murder and Class A Offenses.--This section would eliminate 
the statute of limitations for murder and class A felonies in 
order to lengthen the period during which such charges can be 
filed.
    15. Section 519--Priority.--Section 519 is intended by the 
Committee to encourage entities seeking grants under the Byrne 
discretionary grant program to implement gun and ballistics 
tracing programs as one component of an overall strategy 
relating to gangs or juveniles at risk of involvement in gangs. 
Gun and ballistics tracing programs in place in 18 cities and 
many local governments use a variety of technologies to match 
guns, bullets, and casings from various shootings, thereby to 
assisting law enforcement in solving difficult violent crimes, 
and identifying illegal gun and drug traffickers who supply 
weapons to juvenile gangs or other criminal enterprises. Gun 
tracing programs have been important components in the 
successful juvenile crime reduction strategies of cities such 
as Boston. Use of regional ballistics data base systems have 
been essential in solving violent crimes in Ohio and other 
States.
    This section is intended to encourage gun and ballistic 
tracing elsewhere by instructing the administrator of the Byrne 
discretionary grant program to give priority to applicants who 
have gun or ballistics tracing as a component of their anti-
gang proposal. This provision does not order the administrator 
to fund gun or ballistics tracing initiatives, or to give gun 
or ballistics tracing initiatives priority over all other 
applicants for Byrne discretionary grants.
    16. Sections 520-523--Penalties for Involving Juveniles in 
Crime.--Juveniles are not only participants in criminal 
activities; they also are victims of them. In some 
circumstances, adults will use juveniles to commit crimes on 
their behalf. In the past, adults used juveniles as ``numbers 
runners''; more recently, adults have used juveniles as 
``lookouts'' or ``steerers'' for crack houses. Adults and 
juveniles alike also can sell illegal drugs to juveniles, 
sometimes near schools. The Committee sought to ensure that 
such conduct is punished harshly by increasing the penalties 
for distributing illegal drugs to minors, for distributing 
drugs near schools, and for using minors to distribute drugs or 
to commit crimes of violence.
    17. Section 524--Increased Penalties for Using Federal 
Property to Grow or Manufacture Controlled Substances.--Members 
of the public should be, and should feel, safe while they are 
on Federal property. The cultivation or manufacture of 
controlled substances creates a risk of violence, because the 
persons responsible for such conduct may use violence in order 
to avoid detection and to protect their contraband. The 
Committee believes that the penalties imposed on such conduct 
should be increased in order to help prevent Federal property 
from being used in this manner.
    18. Sections 525-526--Safe Schools and Applicability to 
Dangerous Weapons.--The Committee is greatly concerned with the 
ready availability of drugs, tobacco, alcohol, and weapons to 
our young people, particularly on our secondary school 
campuses. The Committee believes that the presence of these 
items in our schools endangers young people, places them at 
greater risk of either involvement in criminal activity or of 
becoming a victim of crime, and threatens the educational 
mission of our schools. The Committee recommends these two 
sections to help protect juveniles from harm associated with 
drugs, tobacco, alcohol, and weapons in school. The Committee 
believes it to be appropriate to encourage serious consequences 
for bringing drugs, tobacco, alcohol, or weapons to school. At 
the same time, however, the Committee wishes also to ensure 
that the education of students who possess drugs for their 
personal use, or tobacco or alcohol, is not irreparably 
interrupted by implementation of an appropriate penalty. It 
would be counterproductive for the imposition of an overly 
harsh suspension for such violations to push a marginal student 
over the edge into drop-out status. For this reason, the 
Committee intends that, in implementing this section, sanctions 
be graduated to reflect the seriousness of repeated commission 
of the violations, and that the greatest possible opportunity 
be given to students to reform.

                               Subtitle B

    19. Sections 531-540--Child Exploitation Sentencing 
Enhancement.--The Committee continues to be concerned about 
growing evidence that criminals are using computer and 
telecommunications technology as a means to assist in the 
sexual victimization of young children. Sexual predators and 
child molesters misuse and exploit this technology by using 
computers to target young victims--many of whom are lured to 
meet with the offender. The technology provides the criminal 
with a greater number of potential victims than previously 
available and eliminates the need for initial physical contact 
in facilitating these crimes. Further, criminals are able to 
exploit the near fool-proof anonymity available to users of the 
Internet. These factors represent new and dangerous challenges 
to parents and the law enforcement community. This misuse and 
exploitation of advancing computer technology threatens not 
only the health and safety of young people across the world, 
but also threatens the continued development of the Internet. 
The Committee considers the elimination of this type of 
criminal conduct essential in order to protect young people and 
preserve the benefits of the Internet for everyone. The 
Committee directs the United States Sentencing Commission to 
increase Federal penalties for criminals that use the Internet 
to facilitate a crime of sexual abuse and exploitation against 
children. The Committee also directs that sentences for repeat 
sexual offenders be increased and authorizes funding for 
guardians ad litem to assist children who are the victims of or 
witnesses to crimes of sexual abuse.
    Section 533--Directs the United States Sentencing 
Commission to provide an appropriate sentencing enhancement for 
the use of a computer with the intent to persuade, induce, 
entice, orcoerce a child to engage in a crime of sexual abuse 
or exploitation.
    Section 534--Directs the United States Sentencing 
Commission to provide an appropriate sentencing enhancement for 
the knowing misrepresentation of a defendant's identity with 
the intent to persuade, induce, entice, or coerce a child to 
engage in a crime of sexual abuse or exploitation.
    Section 535--Directs the United States Sentencing 
Commission to provide an appropriate sentencing enhancement for 
defendants found to have engaged in a repeated or ongoing 
pattern of activity involving the sexual abuse or exploitation 
of a minor.
    Section 536--Increases penalties for repeat offenders by 
linking offenses committed under title 18, chapters 117, 109A 
and 110 together for purposes of applying higher repeat 
offender penalties. Increases maximum penalties for 
transportation for the purposes of illegal sexual activity and 
related crimes.
    Section 537--Clarifies that for purposes of the Federal 
Sentencing Guidelines, the term ``distribution of pornography'' 
includes distribution for monetary remuneration or for non-
pecuniary interests.
    Section 538--Requires that in satisfying the requirements 
of this subtitle, the United States Sentencing Commission shall 
ensure consistency among Federal sentencing guidelines and 
avoid duplicative punishment for the same offense.
    Section 539--Authorizes funding to be used to appoint 
guardians ad litem, pursuant to 18 U.S.C. section 3509(h), for 
children who are the victims of, or witnesses to, crimes 
involving sexual abuse or exploitation.

                          III. SECTION SUMMARY

                           general provisions

Section 1. Short Title, Table of Contents

    This section entitles this title as the ``Violent and 
Repeat Juvenile Offender Act of 1997'', and provides a table of 
contents for the bill.

Section 2. Findings and Purpose

    This section provides Congressional findings related to 
juvenile crime, the juvenile justice system, and the changes 
needed to reform the juvenile justice system to curb youth 
violence and ensure accountability by youthful criminals.

Section 3. Severability

    This section provides severability for the provisions of 
the Act.

                    Title I--Juvenile Justice Reform

    This title reforms the procedures by which juveniles who 
commit Federal crimes are prosecuted and punished.

Section 101. Repeal of General Provision

    This section repeals the provision establishing the general 
practice of surrendering to State authorities juveniles 
arrested for the commission of Federal offenses.

Section 102. Treatment of Federal Juvenile Offenders

    This section gives the U.S. attorney the discretion to 
prosecute juveniles age 14 years or older as adults for 
violations of Federal law which are serious violent felonies or 
serious drug offenses (as these terms are defined in 18 U.S.C. 
3559, the Federal 3-strikes statute). Juveniles 14 and older 
may be prosecuted as adults for any other felony violation of 
Federal law only with the approval of the Attorney General. If 
approval is not given, or, for all misdemeanor violations of 
Federal law, juveniles would be proceeded against as juveniles, 
or referred to State or tribal authorities. When prosecuted as 
adults, juveniles in Federal criminal cases would be subject to 
the same procedures and penalties as adults, including 
availability of records, open proceedings, and sentencing 
procedures. An exception is provided which waives the 
application of mandatory minimums to juveniles under age 16 who 
have no previous serious violent felony or serious drug offense 
convictions. This section also provides that juveniles tried as 
adults and sentenced to prison must serve their entire 
sentences, and may not be released on the basis of attaining 
their majority, and applies to juveniles convicted as adults 
the same provisions of victim restitution, including mandatory 
restitution, that apply to adults.

Section 103. Definitions

    This section provides definitions for terms used, including 
new definitions to ensure that juveniles accused or convicted 
of Federal offenses are separated from adults and to conform 
the definition of the term ``juvenile'' with the procedural 
changes made by this title.

Section 104. Notification After Arrest

    This section conforms the requirement, in 18 U.S.C. 5033, 
that certain persons be notified of the arrest of a juvenile 
for a Federal crime, with the procedural changes in section 102 
of this subtitle, which vests discretion to prosecute juveniles 
as adults with the U.S. attorney for the district in the 
appropriate jurisdiction. This section also provides for the 
notification of the juveniles's parents or guardians, and 
prohibits the post-arrest housing of juveniles with adults.

Section 105. Release and Detention Prior to Disposition

    This section provides for pretrial detention juveniles 
tried as adults on the same basis as adults, and prohibits the 
pretrial or pre-disposition detention of juveniles with adults.

Section 106. Speedy Trial

    This section extends, from 30 to 70 days, the time in which 
the trial of a juvenile in detention must be commenced, and 
applies in juvenile cases the same tolling provisions for such 
time period that apply in adult prosecutions.

Section 107. Dispositional Hearings

    This section provides for the sentencing of that juveniles 
found to be delinquent, but not tried as adults. It provides 
for a hearing on the matter within 40 days of an adjudication 
of delinquency, and provides for victim allocution at the 
hearing. The section provides a range of sentencing options to 
the court, including probation, fines, restitution, and/or 
imprisonment, and provides that terms of imprisonment may be 
imposed upon them for the same term as adults, except that such 
imprisonment must be terminated on the juvenile's 26th 
birthday. Juveniles sentenced to imprisonment may not be 
released solely on the basis of attaining their majority.

Section 108. Use of Juvenile Records

    This section permits juvenile Federal criminal records to 
be provided to schools and colleges, and ensures that the 
records of juveniles prosecuted as adults are treated as adult 
records.

Section 109. Implementation of a Sentence for Juvenile Offenders

    This section provides for the implementation of a sentence 
imposed on a delinquent or criminal juvenile and directs the 
Bureau of Prisons to not confine juveniles in any institution 
where the juvenile would not be separated from adult inmates.

Section 110. Magistrate Judge Authority Regarding Juvenile Defendants

    This section extends the jurisdiction of Federal magistrate 
judges to class A misdemeanors involving juveniles; permits 
magistrate judges to impose terms of imprisonment on juveniles, 
and conforms the section conferring authority on magistrate 
judges with the procedural changes made by section 102.

Section 111. Federal Sentencing Guidelines

    This section conforms the Sentencing Reform Act to ensure 
that the Federal Sentencing Guidelines relating to maximum 
penalties for violent crimes and serious drug crimes apply to 
juveniles tried as adults.
    This section also amends the Sentencing Reform Act to 
direct the Sentencing Commission to promulgate sentencing 
guidelines for sentencing juveniles tried as adults in Federal 
court, and for dispositional hearings (the equivalent of 
sentencing) for juveniles adjudicated delinquent in the Federal 
system.

Section 112. Study and Report on Indian Tribal Jurisdiction

    This section requires the Attorney General to study and 
report to the Congress on the capabilities of tribal courts and 
criminal justice systems relating to the prosecution of 
juvenile criminals under tribal jurisdiction, and requires the 
Attorney General to evaluate an expansion of tribal court 
criminal jurisdiction.

                        Title II--Juvenile Gangs

Section 201. Short Title

    This section entitles this subtitle as the ``Federal Gang 
Violence Act''.

Section 202. Increase in Offense Level for Participation in Crime as a 
        Gang Member

    This section instructs the Sentencing Commission to 
increase appropriately the base offense level for serious 
violent felonies or serious drug crimes committed by gang 
members in furtherance of the gang's activities.

Section 203. Amendment to Title 18 With Respect to Criminal Street 
        Gangs

    This section expands the definition of criminal street 
gangs, by including the commission of typical gang offenses 
such as extortion, obstruction of justice, laundering of drug 
money, and firearms offenses, in addition to violent crimes and 
drug offenses covered under current law.
    This section also adds new mandatory minimum penalties of 5 
years for engaging in two or more gang related crimes, and 
provides for the criminal forfeiture of gang related assets and 
profits.

Section 204. Interstate and Foreign Travel or Transportation in Aid of 
        Criminal Street Gangs

    This section enhances the penalties for interstate, gang 
related crimes, and expands the Travel Act to respond more 
effectively to organized street gangs operating interstate by 
including as predicates gang crimes such as burglary in excess 
of $10,000, drive-by shootings, certain violent assaults, and 
witness intimidation, as Travel Act predicates.

Section 205. Solicitation or Recruitment of Persons in Criminal Gang 
        Activity

    This section makes the recruitment or solicitation of 
persons to participate in gang activity subject to a 1-year 
minimum and 10-year maximum penalty, or a fine of up to 
$250,000. If a minor is recruited or solicited, the minimum 
penalty is increased to 4 years. In addition, a person 
convicted of this crime would have to pay the costs of housing, 
maintaining, and treating the juvenile until the juvenile 
reaches the age of 18 years.

Section 206. Crimes Involving the Recruitment of Persons To Participate 
        in Criminal Street Gangs and Firearms Offenses as RICO 
        Predicates

    This section makes recruiting members into a criminal 
street gang, or the commission of certain firearms offenses in 
furtherance of a serious violent felony or serious drug offense 
(as these terms are defined in 18 U.S.C. 3559, the Federal 3-
strikes statute), predicate crimes under the Federal 
racketeering laws.

Section 207. Prohibitions Relating to Firearms

    This section provides new penalties for gang crimes 
committed with firearms, including mandatory minimum penalties 
for the transfer of a firearm to a minor, ensuring that the 
penalties apply to minors transferring firearms, and making 
violent crimes and drug trafficking crimes committed by 
juveniles predicate offenses under the Federal Armed Career 
Criminal Act.

Section 208. Amendment of Sentencing Guidelines With Respect to Body 
        Armor

    This section directs the United States Sentencing 
Commission to provide a minimum two level sentencing 
enhancement for any defendant committing a Federal crime while 
wearing body armor.

Section 209. Prison Communications

    This section modifies the wiretap laws to exempt the 
interception of communications made by or to inmates in Federal 
or State prisons and jails. Communications exercising an 
inmate's attorney-client privilege and the sixth amendment 
right to counsel are protected.

Section 210. High Intensity Interstate Gang Activity Areas

    This section authorizes the Attorney General to establish 
joint agency task forces to address gang crime in areas with 
high concentrations of gang activity. This provision authorizes 
$100 million per year for this program; $60 million per year is 
authorized for establishment and operation of High Intensity 
Interstate Gang Activity Areas, and $40 million per year is 
authorized for community-based gang prevention and intervention 
for gang members and at-risk youth in gang areas.

Section 211. Increased RICO Penalties for Gang and Violent Crimes

    This section directs the Sentencing Commission to provide 
an appropriate enhancement for recruiting or soliciting persons 
residing in another State to become or to remain a member of a 
criminal gang, or to cross a State line with the intent to 
recruit, solicit or cause another person to become or to remain 
a member of a criminal gang.
    Second, the amendment increases the penalty for RICO 
violations from 20 years' imprisonment to the greater of 20 
years' or the statutory maximum imprisonment term applicable to 
the racketeering activity on which the violation is based.

Section 212. Increasing the Penalty for Using Physical Force to Tamper 
        With Witnesses, Victims, or Informants

    This section increases the penalty from a maximum of 10 
years' imprisonment to a maximum of 20 years' imprisonment for 
using or threatening physical force against any person with 
intent to tamper with a witness, victim, or informant. This 
section also adds a conspiracy penalty for obstruction of 
justice offenses involving victims, witnesses, and informants. 
In addition, this section makes traveling in interstate or 
foreign commerce to bribe, threaten or intimidate a witness to 
delay or influence testimony in a State criminal proceeding a 
violation of the Federal Travel Act, 18 U.S.C. Section 1952.

Section 213. Clone Pagers

    This section devices would allow law enforcement to apply 
to use a numeric clone pager (a device that receives telephone 
numbers or other numeric information sent to a pager at the 
same time the pager receives it) under the same standards that 
apply to pen registers and trap and trace devices, instead of 
the higher wiretap standard.

          Title III--Juvenile Crime Control and Accountability

    This subtitle amends and reauthorizes the Juvenile Justice 
and Delinquency Prevention Act of 1974 (JJDPA), to provide 
assistance to States for effective youth crime control and 
accountability.

Section 301. Findings; Declaration of Purpose; Definitions

    This section updates and revises the Congressional findings 
and declaration of purpose contained in the JJDPA to reflect 
the reality of violent juvenile crime.

Section 302. National Program

    This section reforms the Office of Juvenile Justice and 
Delinquency Prevention (OJJDP) of the Department of Justice, 
renaming the OJJDP as the Office of Juvenile Crime Control and 
Accountability (OJCCA), with an Administrator appointed by the 
President and confirmed by theSenate. This section also 
requires the OJCCA Administrator to present to Congress annual plans, 
with measurable goals, to control and prevent youth crime, coordinate 
all Federal programs relating to controlling and preventing youth 
crime, and presenting a coordinated National Juvenile Crime Control and 
Juvenile Offender Accountability Budget.

Section 303. Juvenile Crime Control and Juvenile Offender 
        Accountability Incentive Block Grants

    This section establishes an incentive block grant program 
for States, authorized at $500 million for each of the next 5 
fiscal years. The incentive block grants would fund a variety 
of programs, such as constructing juvenile offender detention 
facilities, fingerprinting juvenile offenders; conducting DNA 
tests on juvenile offenders; establishing recordkeeping 
ability; sharing records with other law enforcement agencies; 
ensuring that records are available to the public on a par with 
adult records; establishing the ability to share criminal 
history information within each State, with other States, and 
with the Federal Government; participating in the NCIC program; 
establishing SHOCAP programs; enforcing truancy laws; and 
various prevention programs including afterschool youth 
activities, antigang initiatives, literacy programs, and job 
training programs.
    Receipt of the incentive grants would be conditioned on the 
adoption of policies including the prosecution of juvenile 
offenders age 14 and older as adults for certain crimes of 
violence; the maintenance and appropriate dissemination of 
criminal records of juvenile offenders; drug testing juvenile 
offenders upon arrest in appropriate cases; and the 
establishment of local advisory groups to coordinate local 
juvenile justice system activities.
    Additionally, States would be required to agree, as a 
condition of the receipt of Federal funds block grant funds, 
not to incarcerate juveniles in a manner that would permit 
juveniles to be subject to physical harm or verbal threats from 
adult inmates. Religious organizations would be eligible to 
participate and receive subgrants from the States, on the same 
basis as any other private sector entity.
    Indian tribes receive separate grants under this section.

Section 304. State Plans

    This section reauthorizes the State formula grant program 
included in the original 1974 JJDPA. The section modifies 
certain conditions on the States' receipt of formula grant 
funds, including mandates prohibiting confinement of juveniles 
for status offenses, prohibiting the confinement of adults and 
juveniles in the same facilities, and requiring steps to 
eradicate disparities in the percentage of minority youth 
confined. The formula grant program's focus on prevention 
activities is maintained. Emphasis is given, however, to 
programs which further an accountability-based juvenile justice 
system that provides substantial and appropriate sanctions that 
are graduated to reflect the severity or repeated commission of 
violations, for each delinquent or criminal act.
    This section also retains authorization in title II of the 
current JJDPA of grant programs for mentoring, boot camps, and 
gang reduction. Appropriations for these programs and the State 
formula grants are authorized for a combined total of $150 
million per year for 5 years.
    This section also reauthorizes the National Institute of 
Juvenile Justice and Delinquency (the Institute), and 
establishes a program, to be run by the Institute, to research 
and evaluate programs intended to prevent juvenile crime. This 
program is funded at $50 million per year for 5 years.

Section 305. Grants to Prosecutors and Courts for State Juvenile 
        Justice Systems

    This section establishes a grant program for State and 
local juvenile prosecutors and courts for the improvement of 
juvenile justice systems and the reduction of case backlogs. 
Each State would receive a minimum of .75 percent of available 
funds, with the remainder distributed by juvenile population. 
States may use up to 25 percent of the funds to pay juvenile 
court judges, probation officers, and public defenders.

Section 306. Runaway and Homeless Youth

    This section reauthorizes the Runaway and Homeless Youth 
program through fiscal year 2002.

Section 307. Authorization of Appropriations

    This section reauthorizes the Missing and Exploited 
Children program through fiscal year 2002.

Section 308. Transfer of Functions and Savings Provisions

    This section provides technical and administrative rules to 
transfer functions, and to govern the transition from the 
Office of Juvenile Justice and Delinquency Prevention to the 
Office of Juvenile Crime and Accountability.

Section 309. Pilot Program To Promote Replication of Recent Successful 
        Juvenile Crime Reduction Strategies

    This section authorizes the Attorney General to fund pilot 
programs to replicate the successful juvenile crime reduction 
program utilized by Boston, MA. Pilot program grant recipients 
would adopt a juvenile crime reduction strategy involving close 
collaboration among Federal, State, and local law enforcement 
authorities, and including religious affiliated or fraternal 
organizations, school officials, social service agencies, and 
parent or local grassroots organizations. Emphasis would be 
placed on initiating effective crime prevention programs and 
tracing firearms seized from crime scenes or offenders in an 
effort to identify illegal gun traffickers who are supplying 
weapons to gangs and other criminal enterprises.

Section 310. Repeal of Unnecessary and Duplicative Programs

    This section repeals duplicative and wasteful programs 
enacted as a part of the 1994 crime law, including the Ounce of 
Prevention Council, the Model Intensive Grant Program, the 
Local Partnership Act, the National Community Economic 
Partnership, the Urban Recreation and At-Risk Youth Program, 
and the Family Unity Demonstration Project.

Section 311. Extension of Violent Crime Reduction Trust Fund

    This section extends the Violent Crime Reduction Trust 
Fund, established in the 1994 omnibus crime law, to fund 
programs authorized by this act.

Section 312. Reimbursement of States for the Costs of Incarcerating 
        Juvenile Aliens

    This section adds juvenile aliens to the State Criminal 
Alien Assistance Program, which provides reimbursement to the 
States for the costs of incarcerating criminal aliens.

                     Title IV--Boys and Girls Clubs

Section 401. 2,500 Boys and Girls Clubs By 2000

    This section modifies and improves the grant authorization 
established in the 104th Congress to provide seed money for the 
expansion and construction of Boys and Girls Clubs in 
distressed areas. The provision for the last year authorized 
$100 million over 5 years; this section streamlines the 
application process for these funds, and permits a small 
percentage to be used for a role model speakers program. This 
section also authorizes $15 million for the establishment of at 
least three ``flagship'' state of the art boys and girls clubs.

                         Title V--Miscellaneous

                     Subtitle A--General Provisions

Section 501. Definition of Unit of Local Government

    This section clarifies the definition of the term ``unit of 
local government'' for the purposes of law enforcement 
assistance grants distributed by the Department of Justice, to 
ensure that local entities with independent taxing authority 
and responsibility for crime control matters qualify as units 
of local government for grant distribution purposes.

Section 502. Carjacking Offenses

    This section would eliminate the requirement that the 
prosecution prove that the defendant intended to cause death or 
serious bodily harm to the victim during the commission of a 
Federal offense of carjacking.

Section 503. Firearms Safety

    This section requires federally licensed firearms dealers 
to have available for sale a range of devices, including safety 
locks, safes, and lock boxes, designed to enhance the safe 
storage and handling of firearms. The section provides that 
firearms dealers and owners may not be held civilly liable for 
failure to have or use such safety devices.

Section 504. Firearm Safety Education Grants

    This section permits States to use a portion of Federal 
crime fighting grants to instruct citizens in the safe storage, 
handling, carry, and use of firearms.

Section 505. Increased Penalty for Firearms Conspiracy

    This section provides that a conspiracy to commit any 
violation of the Federal firearms laws is punishable by the 
same maximum term as applicable to the substantive offense that 
was the object of the conspiracy.

Section 506. Felony Treatment for Offenses Tantamount To Aiding and 
        Abetting Unlawful Purchases

    This section would increase the punishment for the most 
serious recordkeeping violations, which are tantamount to 
aiding and abetting unlawful deliveries or purchases of 
firearms. Under current law (18 U.S.C. 924(a)(3)), all 
recordkeeping violations of Federal firearms licensees are 
misdemeanors. This section would increase the penalties for 
knowingly creating false records relating to firearms purchases 
by persons prohibited from owning firearms to the same level 
applicable to the unlawful purchaser. The maximum penalty for 
creating false records in relation to sales to persons known to 
be minors or out of State residents is increased to 5 years 
imprisonment. The maximum penalty for creating false records in 
relation to sales to felons or persons known to be making false 
statements is increased to 10 years imprisonment.

Section 507. Increased Penalty for Knowingly Receiving Firearms With 
        Obliterated Serial Number

    This section increases the maximum penalty for knowingly 
receiving a firearm with an obliterated or altered serial 
number from 5 to 10 years imprisonment, the same penalty 
applicable to receiving a stolen firearm.

Section 508. Amendment of the Sentencing Guidelines for Transfers of 
        Firearms to Prohibited Persons

    This section instructs the United States Sentencing 
Commission to increase the base level offense for certain 
firearms violations subject to guideline section 2K2.1. The 
amended guideline should assure that a person who knowingly 
transfers a firearm to a person disqualified fromowning a 
firearm is subject to the same base level offense as the transferee 
(unless the transferee's base level offense is increased due to a 
previous violent or drug offense). In carrying out this instruction, 
the Sentencing Commission must ensure there is reasonable consistency 
with other guidelines and avoid duplicative punishment for 
substantially the same offense.

Section 509. Criminal Forfeiture of Firearms Used in Crimes of Violence 
        and Felonies

    This section provides for criminal forfeiture of firearms 
used in a violent crime or other Federal felony. Currently, the 
Department of Treasury has authority under section 924 of title 
18 to seek civil forfeiture of firearms involved in Federal 
criminal offenses. But Department of Justice law enforcement 
agencies, responsible for enforcing laws governing violent 
crime, currently lack this authority.

Section 510. Criminal Forfeiture for Gun Trafficking

    This section provides for criminal forfeiture of vehicles 
and any other property traceable to the vehicles used in a gun 
trafficking offense (specifically, sections 922(i), 924(g), 
924(k) and 924(m) of title 18) involving five or more firearms.

Section 511. Using Prison Inmate Labor and Other Labor for Data 
        Processing of Personal Information about Children

    Prison inmate labor has reportedly been used to input data 
concerning children for commercial, educational, and other data 
bases. There is considerable concern that this type of 
sensitive information could be used for illicit purposes, such 
as targeting children by or for pedophiles, if this information 
fell into the wrong hands. To prevent the inappropriate 
dissemination of such information that has the potential to 
harm children, this provision prohibits data entry by prison 
inmate laborers. Further, this provision criminalizes the sale 
or other distribution of such personal information if such 
transfer or receipt is knowingly made to commit a criminal 
offense.

Section 512. Truth-in-Sentencing Incentive Grants

    This section amends the Violent Offender Incarceration and 
Truth-in-Sentencing Incentive Grant Program, enacted in 1996, 
to provide that each State that is eligible for a truth in 
sentencing grant receives a guaranteed share of the grant 
funding available. Each eligible State would receive a minimum 
of .75 percent of the total funding under the truth in 
sentencing part of the grant program, with remaining funds 
allocated to each eligible State based on State's reported 
violent crime rates.

Section 513. False Advertising or Misuse of Name to Indicate United 
        States Marshals Service

    This section amends 18 U.S.C. Sec. 709 to prohibit the use 
in false advertising and the misuse of the name, likeness and 
symbols of the United States Marshals Service. Current law 
prohibits misuse of the name, likeness and symbols of the FBI, 
Secret Service, and DEA.

Section 514. Extension of Authority

    This section amends the victim compensation provisions of 
the Antiterrorism and Effective Death Penalty Act of 1996 in 
order to provide States with additional time to come into 
compliance with the requirement that State compensation 
programs offer coverage to their residents who are victimized 
by acts of terrorism overseas.

Section 515. Use of Residential Substance Abuse Treatment (RSAT) Grants 
        To Provide Aftercare Services

    This section permits States to use grants for drug 
treatment in prisons (RSAT grants) to provide post-
incarceration substance abuse treatment for former inmates if 
the Governor certifies to the U.S. Attorney General that the 
State is providing, and will continue to provide, an adequate 
level of treatment services to incarcerated inmates.

Section 516. Establishment of Felony Violations

    This section revises the penalties under Federal law for 
the failure to pay child support. The willful failure to pay a 
support obligation with respect to a child who resides in 
another State when the obligation has remained unpaid for more 
than 1 year or when the obligation amount exceeds $5,000 is a 
misdemeanor. A second such offense is a felony. Also made a 
felony are two other offenses: (1) traveling in interstate or 
foreign commerce with the intent to avoid a support obligation 
that has remained unpaid for more than 1 year or exceeds 
$5,000; and (2) willful failure to pay a support obligation 
with respect to a child who resides in another State when the 
obligation has remained unpaid for more than 2 years or when 
the obligation amount exceeds $10,000.

Section 517. Hate Crimes Statistics Act

    This section amends the Hate Crimes Statistics Act to 
require that future compilations of statistics on hate crimes 
include information on the age of the offender.

Section 518. Elimination of the Statute of Limitations for Murder and 
        Class A Offenses

    This section eliminates the statute of limitations for any 
Federal offense involving murder, even if the crime does not 
carry the death penalty. Specifically, this section amends 18 
U.S.C. Sec. 3281, to permit an indictment or information to be 
filed at any time for Class A offenses involving murder.

Section 519. Priority

    This section encourages entities seeking grants under the 
Byrne Discretionary Grant Program to implement gun and 
ballistics tracing programs as one component of an overall 
strategy relating to gangs or juveniles at risk of involvement 
in gangs, by instructing the administrator of the Byrne 
Discretionary Grant Program to give priority to applicants who 
have gun or ballistics tracing as a component of their antigang 
proposal. For instance, if two entities submit applications for 
Byrne discretionary grants to combat gangs, this section 
directs the administrator to give priority to the applicant 
that has a gun or ballistics tracing element as a part of its 
antigang proposal.

Section 520. Increased Penalties for Distributing Drugs to Minors

    This section increases the penalties for distributing 
controlled substances to minors.

Section 521. Increased Penalty for Drug Trafficking In or Near a School 
        or Other Protected Location

    This section increases the penalties for distributing 
controlled substances in or near a school or other protected 
location.

Section 522. Increased Penalties for Using Minors To Distribute Drugs

    This section increases the penalties for using minors to 
distribute controlled substances.

Section 523. Penalties for Use of Minors in Crimes of Violence

    This section increases twofold, and for a second or 
subsequent offense threefold, the penalties for using minors in 
the commission of a crime of violence.

Section 524. Increased Penalties for Using Federal Property To Grow or 
        Manufacture Controlled Substances

    This section doubles the punishment otherwise authorized by 
law for any person who cultivates or manufactures a controlled 
substance on any property owned in whole or in part by, or 
leased to, the Federal Government.

Section 525. Safe Schools

    This section amends the Gun Free Schools Act, to expand its 
coverage to include drugs, tobacco, and alcohol.

Section 526. Applicability of Gun-Free Schools Act of 1994 to Dangerous 
        Weapons

    This section substitutes in place of the term ``firearm'' 
in the Gun-Free Schools Act of 1994 the term ``dangerous 
weapon'' in 18 U.S.C. 930, except that, for purposes of the 
Gun-Free Schools Act of 1994, the term ``dangerous weapon'' 
does not include any dangerous weapon possessed as a part of a 
course or curriculum approved pursuant to State or local laws. 
This exception will ensure that persons will not violate the 
law by possessing dangerous weapons in connection with 
authorized activities at military schools or other schools that 
authorize dangerous weapons as an authorized activity (e.g., 
Junior ROTC, riflery or archery courses, camping, etc.).

         Subtitle B--Child Exploitation Sentencing Enhancement

Section 531. Short Title

    This section contains the name of the title.

Section 532. Definitions

    This section contains definitions.

Section 533. Increased Penalties for Use of a Computer in the Sexual 
        Abuse or Exploitation of a Child

    This section directs the U.S. Sentencing Commission to 
review the Federal Sentencing Guidelines for certain sexual 
offenses (18 U.S.C. 2241-2243) and to promulgate Guidelines 
amendment with appropriate enhancements for cases in which the 
defendant used a computer to persuade, entice, or induce a 
minor to engage in prohibited sexual activity.

Section 534. Increased Penalties for Knowing Misrepresentation in the 
        Sexual Abuse or Exploitation of a Child

    This section directs the U.S. Sentencing Commission to 
review the Federal Sentencing Guidelines for cases involving 
sexual exploitation of minors and to promulgate Guidelines 
amendment with appropriate enhancements for cases in which the 
defendant has engaged in a pattern of sexual activity involving 
abuse or exploitation of a minor.

Section 535. Increased Penalties for Pattern of Activity of Sexual 
        Exploitation of Children

    This section doubles the penalties for offenses punishable 
under chapters 109A, 110, and 117 of title 18 for any person 
who commits a violation of chapter 117 after one or more prior 
convictions for an offense punishable under chapters 109A or 
110.

Section 536. Repeat Offenders; Increased Maximum Penalties for 
        Transportation for Illegal Sexual Activity and Related Crimes

    This section increases penalties for repeat offenders by 
linking offenses committed under title 18, chapters 117, 109A 
and 110 together for purposes of applying higher repeat 
offenderpenalties. Increases maximum penalties for 
transportation for the purposes of illegal sexual activity and related 
crimes.

Section 537. Clarification of Definition of Distribution of Pornography

    This section clarifies that for purposes of the Federal 
Sentencing Guidelines, the term ``distribution of pornography'' 
includes distribution for monetary remuneration or for non-
pecuniary interests.

Section 538. Directive to the United States Sentencing Commission

    This section requires that in satisfying the requirements 
of this subtitle, the United States Sentencing Commission shall 
ensure consistency among Federal sentencing guidelines and 
avoid duplicative punishment for the same offense.

Section 539. Authorization for Guardians ad litem

    This section authorizes the appointment of guardians ad 
litem for children who are the victims of, or witnesses to, a 
crime involving abuse or exploitation. This section also 
authorizes monies to be appropriated for appointment of such 
guardians ad litem.

Section 540. Applicability

    This section provides that this subtitle shall apply to any 
action commenced on or after the date of enactment of this Act.

              IV. LEGISLATIVE HISTORY AND COMMITTEE ACTION

    In 1974, Congress enacted the Juvenile Justice and 
Delinquency Prevention Act. Spurred by reports of dangerous 
conditions in which juveniles accused or convicted of crimes or 
status offenses were confined, Congress passed legislation to 
provide States assistance with juvenile justice. As a condition 
of receiving these funds, States were required to comply with 
two original mandates, later expanded to four, that protected 
accused and adjudicated juveniles from abuse. The legislation 
also established the Office of Juvenile Justice and Delinquency 
Prevention (OJJDP), and directed it to dispense formula grants 
to the States and monitor their compliance with the mandates. 
In addition, the legislation established within OJJDP a 
research, demonstration, evaluation, and information 
dissemination component. Congress reauthorized the legislation 
in 1980, 1984, 1988, and 1992.
    The OJJDP legislation, combined with increased tort 
liability in the States, has achieved the goals of protecting 
detained juveniles. But OJJDP has not effectively addressed the 
dramatic increase in juvenile crime, particularly violent 
juvenile crime. As a whole, the Federal Government's role in 
juvenile justice is fragmented and uncoordinated, with hundreds 
of programs scattered throughout different cabinet agencies. In 
particular, OJJDP has focused almost exclusively on prevention 
programs to the neglect of prosecution and detention of 
juvenile offenders. In fact, OJJDP's unreasonable and 
inflexible enforcement of the original co-location mandates has 
seriously undermined the ability of States to detained juvenile 
criminals. In this regard, OJJDP has actually been 
counterproductive considering the tremendous increase in 
violent juvenile crime.
    For these reasons, the Subcommittee on Youth Violence 
conducted a series of hearings to determine what the Federal 
Government can do to help the States combat juvenile crime. The 
fact that substantial changes were needed to current Federal 
policy was the basis for the hearings. Much of the testimony 
from these hearings were incorporated in S. 10.

               A. Committee Consideration: 104th Congress

    The work of the Committee in the 105th Congress built upon 
the Committee's work, and that of the Subcommittee on Youth 
Violence, in the 104th Congress. During that Congress, the 
Committee held the following hearings:
    The Subcommittee on Youth Violence held a field hearing in 
Memphis, TN, on February 15, 1996, on developing local 
solutions to youth violence. Witnesses included: Johnny Rawls, 
a graduate of the Youth Habilitation Center; a youth offender; 
Francetta Harris, the owner of Memphis hair salon; Charlesetta 
Temple of the Douglass Elementary School Alumni; Erika Davis, a 
high school student and founder of Students Against Violence 
Everywhere; the Honorable Jim Rout, Mayor, Shelby County; the 
Honorable W.W. Herenton, Mayor of Memphis; William Todd, 
President, Memphis Board of Education; the Honorable Kenneth 
Turner, Juvenile Judge; James Ball Administrator, Shelby County 
Training Center; the Honorable Victoria Coleman, U.S. Attorney 
for the Western District of Tennessee; the Honorable John 
Pierotti, District Attorney General; Dr. Robert Wood of the 
Agency for Youth and Family Development; Barbara Holden, 
Executive Director, Memphis and Shelby County Community Health 
Agency; Dan Michael, Administrator, Court Appointed Special 
Advocates; Billy Crouch of Tennessee Home Ties; and Chaplain 
Carl Nelson of the Mark Luttrell Recreation Center.
    On February 16, 1996, the Subcommittee held a field hearing 
in Nashville, TN, on developing State solutions to youth 
violence. The witnesses were the Honorable Don Sundquist, 
Governor of Tennessee; George Hattaway, the Commissioner of 
Youth Development; the Honorable Douglas Henry, Tennessee 
Senate; the Honorable Page Walley, Tennessee House of 
Representatives; the Honorable Beth Harwell, Tennessee House of 
Representatives; the Honorable Frank Buck, Tennessee House of 
Representatives; Charles Ballard, President, Institute for 
Responsible Fatherhood; Linda O'Neal, Executive Director, 
Tennessee Commission on Children and Youth; Charles Leach, 
Buddies of Nashville; George Phyfer, Director of Juvenile 
Services, Corrections Corporation of America; Randy Dillon, 
Coordinator, Child and Family Services; the Honorable Paul 
Wohlford, juvenile judge; the Honorable Randy Camp, Juvenile 
Judge; the Honorable Dan Speer, Mayor, Pulaski, Tennessee; the 
Honorable Bernie Swiney, Mayor, Loudon, Tennessee; and the 
Honorable C. Van Deacon, Juvenile Judge.
    The Subcommittee held a hearing in Washington, DC, on 
February 28, 1996, on the changing nature of youth violence. 
The Subcommittee heard as witnesses Dr. James Alan Fox, Dean, 
College of Criminal Justice, Northeastern University; Dr. 
Alfred Blumstein, professor, Carnegie-Mellon University; Dr. 
John J. DiIulio, Jr., Director, Brookings Institution's Center 
for Public Management; Rev. Eugene F. Rivers III, a Boston 
pastor and a fellow at Harvard Divinity School; the Honorable 
Carol Kelly, juvenile judge; the Honorable C. Van Deacon, 
juvenile judge; Col. (retired) Thomas Gordon, New Castle County 
Police Chief; and Rev. Stephen Hare, Faith City Baptist Church.
    On March 12, 1996, the Subcommittee held a hearing in 
Washington, DC, on whether Federal strings on youth violence 
grants should be cut. Appearing as witnesses before the 
Subcommittee were Steve Carson, Police Chief, La Follette, TN; 
Byron Oedekoven, Sheriff, Gillette, WY; Ray Luick, Wisconsin 
Office of Justice Assistance; William Woodward, Director, 
Colorado Criminal Justice Department; Camille Anthony, 
Executive Director, Utah Commission on Crime and Juvenile 
Justice; Jerry Regier, Director, Oklahoma Department of 
Juvenile Justice; Patricia West, Director, Virginia Department 
of Youth and Family Services; and Robert Schwartz, Chairman, 
American Bar Association Juvenile Justice Committee.
    The Subcommittee held a hearing on May 8, 1996, in 
Washington, DC, on oversight of Federal juvenile justice 
programs. Testimony was received from Shay Bilchik, 
Administrator, OJJDP; Dr. Laurie Ekstrand, Associate Director, 
Administration of Justice Issues, U.S. General Accounting 
Office; Dr. Ira Schwartz, Dean, School of Social Work, 
University of Pennsylvania; Lavonda Taylor of the Coalition of 
Juvenile Justice; Dr. Marvin Wolfgang, professor, University of 
Pennsylvania; Dr. Delbert Elliott, professor, University of 
Colorado; and Dr. Terrence Thornberry, professor, State 
University of New York at Albany.
    The Subcommittee also held a field hearing in Albuquerque, 
New Mexico, on July 2, 1996. Sixteen witnesses testified, 
including State and local government officials, nonprofit 
agency personnel, judge, police officers, and juvenile crime 
victims.

               B. Committee Consideration: 105th Congress

                         1. Committee hearings

    The Committee held a hearing in Washington, DC, on March 
19, 1997, on the subject of ``What Works: The Efforts of 
Private Individuals, Community Organizations, and Religious 
Groups to Prevent Juvenile Crime.'' Witnesses from Panel One 
were Mr. Steve Young, founder, Sport, Education & Values 
Foundation and Quarterback, San Francisco 49ers, San Francisco, 
CA; Mr. Kery Oldroyd, volunteer board president, Boys & Girls 
Club of Greater Salt Lake Salt Lake City, UT; and Mr. Amador 
Guzman, member, Boys & Girls Club of Greater Salt Lake Salt 
Lake City, UT. Witnesses from Panel Two were Reverend Jeffrey 
L. Brown, executive co-chairman, Ten Point Coalition, Boston, 
MA; Ms. Mary Lyman Jackson, president, Exodus Youth Services, 
Inc., Gaithersburg, MD; and Father Joseph Del Vecchio, SSJ, 
associate director, Office of Youth Ministry, Archdiocese of 
Washington, Washington, DC.
    The Committee held a hearing in Washington, DC, on April 
23, 1997, on the subject of ``Gangs: A National Crisis.'' The 
witness from Panel One was Senator Harry Reid of Nevada. The 
witness from Panel Two was Steven Wiley, Section Chief of the 
Violent Crime Section, Federal Bureau of Investigation, 
Washington, DC. Witnesses from Panel Three were Aaron D. 
Kennard, Sheriff, Salt Lake County, UT; Colleen Minson, 
Citizen, Salt Lake City, UT; Captain James Mulvihill, Los 
Angeles County Sheriff's Office, Commander, Anti-Gang Unit, Los 
Angeles, CA; and A. James Walton, Jr., Commissioner, Vermont 
Department of Public Safety, Waterbury, VT.

                        2. Subcommittee hearings

    The Subcommittee on Youth Violence held a hearing in 
Washington, DC, on April 16, 1997, on the need for more 
juvenile detention facilities and improved juvenile 
recordsharing. Witnesses from Panel One of the hearing included 
Senator John Ashcroft of Missouri; Judge John Butler, a 
juvenile court judge from Mobile, AL; Sheriff Ted Sexton from 
Tuscaloosa, AL; Ken Sukhia, a former United States Attorney 
from Tallahassee, FL; Mel Brown, the supervisor of Montgomery 
County, Texas Probation Department.
    Witnesses from Panel Two of the hearing included Charles 
Archer of the Federal Bureau of Investigation, Washington, DC; 
James Wooten, president of Safe Streets Alliance, Washington, 
DC; and Vicki L. Wright, executive director of the Texas 
Juvenile Probation Commission, Austin, TX.
    On May 6, 1997, the Subcommittee held a hearing in 
Washington, DC, on the burdensome and inflexible OJJDP 
mandates. Witnesses on Panel One included Shay Bilchick, 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, Washington, DC; Patricia West, Secretary of the 
Virginia Department of Public Safety, Richmond, VA; Judge Don 
Reader, Juvenile Court Judge, Canton, OH; Bill Franklin, 
Sheriff of Wetumpka, AL, and Earl L. Dunlap, executive 
director, National Juvenile Detention Association, Richmond, 
KY.
    Witnesses on Panel Two included John Kaites, State Senator, 
Phoenix, AZ; Carol Crump, Councilwoman from Casper, WY; Judy 
Nish, mother of a runaway juvenile, Marion, IA; Gwendolyn C. 
Chunn, director, North Carolina Division of Youth Services, 
Raleigh, NC; Mark I. Soler, president, Youth Law Center, 
Washington, DC.
    The Subcommittee held a field hearing in St. Louis, MO, on 
June 20, 1997, on tracking violent juveniles and targeting 
adults who use them. Witnesses included Ronald Henderson, chief 
of the St. Louis Metropolitan Police Department, St. Louis, MO; 
Edward Dowd, United States Attorney, St. Louis, MO; Shelly 
Herst, a school teacher who was threatened by violent 
juveniles; Thomas Malecek, former commander of the juvenile 
division of the St. Louis Police Department, St. Louis, MO; Dr. 
Cleveland Hammonds, superintendent of St. Louis Public Schools, 
St. Louis, MO; P.J. Petrillo, director of Blue Springs Youth 
Offenders Unit, Blue Springs, MO; Neil Kurlander, chief of the 
Maryland Heights Police'Department, Maryland Heights, MO.

                          3. Committee markup

    The Senate Committee on the Judiciary met on seven 
occasions, with a quorum present, to consider S. 10. The first 
of these meetings occurred on June 12, 1997, at 10 a.m. An 
amendment in the nature of a substitute was proposed by Senator 
Hatch, to be considered as original text for the purposes of 
debate and amendments, and no rollcall votes occurred thereon.
    The Senate Committee on the Judiciary, with a quorum 
present, met again on July 10, 1997, at 10 a.m. The following 
rollcall votes occurred on the bill and amendments proposed 
thereto:
    (1) Senator Leahy offered an amendment to authorize the 
Federal trial as an adult of juveniles charged with nonserious 
violent or nonserious drug felony offenses only if the State is 
unable or unwilling to exercise jurisdiction. The amendment was 
defeated by a rollcall vote of 7 yeas to 9 nays.
        YEAS                          NAYS
Leahy                               Hatch
Kennedy                             Thurmond (by proxy)
Biden                               Grassley
Kohl                                Kyl
Feingold                            DeWine (by proxy)
Durbin                              Ashcroft
Torricelli (by proxy)               Abraham
                                    Sessions
                                    Feinstein
    (2) Senator Leahy offered an amendment to provide 
substitute language relating to the transfer to juvenile court, 
upon defense motion, of certain delinquency proceedings and of 
certain juveniles charged as adults. The amendment was defeated 
by a rollcall vote of 6 yeas to 10 nays.
        YEAS                          NAYS
Leahy                               Hatch
Kennedy                             Thurmond (by proxy)
Biden                               Grassley
Kohl                                Kyl (by proxy)
Feingold                            DeWine (by proxy)
Durbin                              Ashcroft
                                    Abraham
                                    Sessions
                                    Feinstein
                                    Torricelli (by proxy)
    The Senate Judiciary Committee, with a quorum present, met 
again on Friday, July 11, 1997, at 10:30 a.m. The following 
rollcall votes occurred on the bill and amendments proposed 
thereto:
    (1) Senator Leahy offered an amendment to allow the United 
States Sentencing Commission, in developing juvenile sentencing 
guidelines, to presume the appropriateness of adult sentencing 
provisions only for juveniles convicted of serious violent or 
drug offenses. The amendment was defeated by a rollcall vote of 
4 yeas to 11 nays.
        YEAS                          NAYS
Leahy                               Hatch
Kennedy (by proxy)                  Thurmond (by proxy)
Kohl (by proxy)                     Grassley (by proxy)
Feingold (by proxy)                 Kyl
                                    DeWine
                                    Ashcroft
                                    Abraham
                                    Sessions
                                    Feinstein
                                    Durbin
                                    Torricelli
    (2) Senator Ashcroft offered an amendment to increase 
punishment of adults who use a minor in a felony. The amendment 
was agreed to by a unanimous rollcall vote of 11 yeas.
        YEAS                          PRESENT
Hatch                               Leahy
Thurmond (by proxy)                 Kennedy
Grassley (by proxy)                 Feingold
Kyl
DeWine
Ashcroft
Abraham
Sessions
Feinstein
Durbin
Torricelli
    (3) Senator Leahy offered an amendment to add a provision 
to create a new Federal crime of interstate gang franchise. The 
amendment was defeated by a rollcall vote of 7 yeas to 8 nays.
        YEAS                          NAYS
Leahy                               Hatch
Kennedy (by proxy)                  Thurmond (by proxy)
Biden (by proxy)                    Kyl
Kohl (by proxy)                     DeWine
Feinstein                           Ashcroft
Feingold (by proxy)                 Abraham
Durbin                              Sessions
                                    Torricelli
    (4) Senator DeWine offered an amendment to remove the 
scienter requirement from 18 U.S.C. 2119, relating to 
carjackings. The amendment was agreed to by voice vote
    The Senate Committee on the Judiciary, with a quorum 
present, met again on Tuesday, July 15, 1997, at 3 p.m. The 
following rollcall votes occurred on the bill and amendments 
proposed thereto:
    (1) Senator Biden offered an amendment to restore the 
presumption that delinquency proceedings occur at the State 
level unless the State lacks jurisdiction or declines to assume 
jurisdiction and there is a substantial Federal interest. The 
amendment was defeated by a rollcall vote of 7 yeas to 8 nays.
        YEAS                          NAYS
Leahy (by proxy)                    Hatch
Kennedy                             Thurmond (by proxy)
Biden                               Grassley
Kohl (by proxy)                     Kyl
Feingold (by proxy)                 DeWine
Durbin (by proxy)                   Ashcroft
Torricelli                          Abraham
                                    Sessions
    (2) Senator Biden offered an amendment to clarify that new 
sentencing guidelines for juveniles will take into 
consideration the interest of juvenile defendants. The 
amendment was agreed to by unanimous consent.
    (3) Senator Biden offered an amendment clarify the 
application of new sentencing guidelines to juveniles tried as 
adults. The amendment was agreed to by unanimous consent.
    (4) Senator Durbin offered an amendment to provide for a 
statutory standard for juvenile waivers of constitutional 
rights. The amendment was defeated by a rollcall vote of 6 yeas 
to 10 nays.
        YEAS                          NAYS
Leahy (by proxy)                    Hatch
Kennedy                             Thurmond
Biden (by proxy)                    Grassley
Feingold (by proxy)                 Kyl
Durbin                              DeWine
Torricelli (by proxy)               Ashcroft
                                    Abraham (by proxy)
                                    Sessions
                                    Kohl
                                    Feinstein
    (5) Senator Kohl offered an amendment to amend chapter 44 
of title 18, United States Code, to improve the safety of 
handguns. The amendment was defeated by a rollcall vote of 8 
yeas to 9 nays.
        YEAS                          NAYS
DeWine                              Hatch
Kennedy (by proxy)                  Thurmond
Biden                               Grassley
Kohl                                Specter (by proxy)
Feinstein                           Thompson (by proxy)
Feingold (by proxy)                 Kyl
Durbin                              Ashcroft (by proxy)
Torricelli (by proxy)               Abraham (by proxy)
                                    Sessions
    (6) Senator Hatch offered an amendment to amend chapter 44 
of title 18, United States Code, to improve the safety of 
handguns. The amendment was agreed to by a rollcall vote of 10 
yeas to 7 nays.
        YEAS                          NAYS
Hatch                               Kennedy
Thurmond                            Biden (by proxy)
Grassley                            Kohl
Specter (by proxy)                  Feinstein
Thompson (by proxy)                 Feingold (by proxy)
Kyl                                 Durbin
DeWine                              Torricelli (by proxy)
Ashcroft (by proxy)
Abraham (by proxy)
Sessions
    The Senate Committee on the Judiciary, with a quorum 
present, met again on Thursday, July 17, 1997, at 11 a.m. The 
following rollcall votes occurred on the bill and amendments 
proposed thereto:
    (1) Senator Feinstein offered an amendment to amend the 
Gun-Free Schools Act of 1994 to apply the Act to possessions of 
dangerous weapons. The amendment was agreed to as modified, by 
unanimous consent.
    The Senate Committee on the Judiciary, with a quorum 
present, met again on Wednesday, July 23, 1997, at 2:20 p.m. 
The following rollcall votes occurred on the bill and 
amendments proposed thereto:
    (1) Senator Feinstein offered an amendment to prevent the 
use of prison inmate labor for data processing of personal 
information, to provide increased protection to children from 
individuals who pose a serious risk of harm to children, and 
for other purposes. The amendment, as modified, was agreed to 
by unanimous consent.
    (2) Senator Biden offered an amendment to modify Federal 
firearms law. The amendment, as modified, was agreed to by 
unanimous consent.
    (3) Senator Biden offered an amendment to regulate storage 
of firearms by dealers and to enhance enforcement of Federal 
firearms licensing laws. The amendment was defeated by 
rollcallvote of 6 yeas to 12 nays.
        YEAS                          NAYS
Kennedy (by proxy)                  Hatch
Biden                               Thurmond
Kohl (by proxy)                     Grassley
Feinstein                           Specter (by proxy)
Durbin (by proxy)                   Thompson (by proxy)
Torricelli (by proxy)               Kyl
                                    DeWine
                                    Ashcroft
                                    Abraham (by proxy)
                                    Sessions
                                    Leahy
                                    Feingold
    (4) Senator Grassley offered an amendment to require 
mandatory testing for certain sexually transmitted diseases of 
sex offenders who have victimized a child. The amendment was 
agreed to by unanimous consent.
    (5) Senator Leahy offered an amendment to eligibility 
requirements relating to juvenile criminal record keeping for 
new $500 million block grant program. The amendment was 
defeated by a rollcall vote of 6 yeas to 10 nays.
        YEAS                          NAYS
Leahy                               Hatch
Kennedy                             Thurmond
Biden                               Grassley
Kohl (by proxy)                     Specter
Feingold                            Kyl
Durbin (by proxy)                   DeWine (by proxy)
                                    Ashcroft
                                    Abraham (by proxy)
                                    Sessions
                                    Feinstein
    (6) Senator Hatch offered an amendment to ease incentive 
block eligibility restrictions for States with the lowest 
juvenile crime rates. The amendment was agreed to by unanimous 
consent.
    (7) Senator Feinstein offered an amendment to provide for 
the designation of high intensity interstate gang activity 
areas. The amendment was agreed to by unanimous consent, with 
Senator Hatch reserving his right to file an amendment in the 
future to strike the prevention funds therein.
    (8) Senator Feingold offered an amendment to provide for 
sentencing enhancements and amendments to the Federal 
Sentencing Guidelines for offenses relating to the abuse and 
exploitation of children. The amendment was agreed to by 
unanimous consent.
    The Senate Committee on the Judiciary, with a quorum 
present, met again on Thursday, July 24, 1997, at 9 a.m. The 
following rollcall votes occurred on the bill and amendments 
proposed thereto:
    (1) Senator Specter offered an amendment to make 
improvements to grant programs, and for other purposes. The 
amendment was defeated by a rollcall vote of 8 yeas to 9 nays.
        YEAS                          NAYS
Specter (by proxy)                  Hatch
Leahy                               Thurmond (by proxy)
Kennedy (by proxy)                  Grassley
Biden                               Thompson (by proxy)
Kohl                                Kyl
Feinstein                           DeWine
Feingold                            Ashcroft
Durbin                              Abraham (by proxy)
                                    Sessions
    (2) Senator Hatch offered the following list of amendments, 
which were agreed to en bloc, by unanimous consent:
          (a) Senator Leahy's amendment, as modified, to 
        provide enhanced penalties for gang-related activities, 
        deter witness intimidation by gangs, penalize the use 
        of paraphernalia, and eliminate the statute of 
        limitations for murder and Class A offenses.
          (b) Senator Leahy's amendment, as modified, to ensure 
        citizen participation in the development of JJDP State 
        Plans and to ensure the involvement of State Advisory 
        Groups.
          (c) Senator Leahy's amendment, as modified, to 
        establish a Truth in Sentencing grant minimum 
        allocation for small and/or safe States.
          (d) Senator Leahy's amendment to prohibit misuse of 
        the name or initials of the United States Marshals 
        Service.
          (e) Senator Leahy's amendment to delay the effective 
        date of certain provisions of the Antiterrorism and 
        Effective Death Penalty Act of 1996, relating to State 
        crime victim funds.
          (f) Senator Grassley's amendment, as modified, to 
        provide for assistance for developing crime and 
        delinquency prevention programs.
          (g) Senator Grassley's amendment, as modified, to 
        amend the Gun-Free Schools Act of 1994 to require a 
        local educational agency that receives funds under the 
        Elementary and Secondary Education Act of 1965 to expel 
        a student determined to be in possession of an illegal 
        drug, or illegal drug paraphernalia, on school 
        property, in addition to expelling a student determined 
        to be in possession of a gun or to have possessed, on a 
        regular basis while not having attained the age of 18, 
        a tobacco product or an alcoholic beverage.
          (h) Senator Kennedy's amendment, as modified, to 
        strike provisions repealing certain prevention 
        programs, and to restore repealed prevention programs 
        with modification to the GREAT Program.
          (i) Senator Kennedy's amendment, as modified, to 
        provide for a pilot program to replicate the Boston 
        model of juvenile crime suppression and prevention.
          (j) Senator Biden's amendment to provide for physical 
        and sound separation of juveniles and adult inmates in 
        Federal custody.
          (k) Senator Biden's amendment, as modified, to revise 
        requirement for drug testing so States must only test 
        ``appropriate categories'' of offenders.
          (l) Senator Biden's amendment to clarify that the new 
        requirements concerning maintenance and distribution of 
        juvenile records will not require States to modify 
        their juvenile expungement laws.
          (m) Senator Biden's amendment, as modified, to 
        clarify that funds from the $500 million block grant 
        cannot be used to expand, renovate, or construct 
        facilities for adult offenders, but funds can be used 
        to construct juvenile facilities co-located with adult 
        facilities.
          (n) Senator Biden's amendment, as modified, to allow 
        juvenile prosecutor and court grants to more 
        effectively address youth gangs and violence.
          (o) Senator Biden's amendment to amend title IV of 
        the JJDPA (Missing Children) to enable the National 
        Center for Missing Children to operate the missing 
        children hotline and resource center and provide 
        authority to provide information on missing children 
        and technical assistance to foreign governments.
          (p) Senator Biden's amendment to provide a definition 
        of ``unit of local government'' covering all types of 
        political subdivisions.
          (q) Senator Biden's amendment, as modified, to modify 
        requirement to qualify for funding from $150 million 
        grant program concerning deinstitutionalization of 
        status offenders.
          (r) Senator Kyl's amendment to permit residential 
        substance abuse treatment grant funds to be used to 
        provide nonresidential aftercare services.
          (s) Senator Kohl's amendment to establish felony 
        violations for the failure to pay legal child support 
        obligations and for other purposes.
          (t) Senator Kohl's amendment to strike section 305.
          (u) Senator DeWine's amendment to encourage entities 
        seeking money under the discretionary Byrne program to 
        adopt gun tracing initiatives wherein weapons seized 
        from criminals are traced in an effort to identify gun 
        traffickers.
          (v) Senator DeWine's amendment to provide for a 
        process to authorize the use of clone pagers, and for 
        other purposes.
          (w) Senator Feingold's amendment to make an amendment 
        relating to the use of juvenile crime control and 
        juvenile offender accountability block grants.
          (x) Senator Feingold's amendment to make amendments 
        relating to the purposes of grants to prosecutors and 
        courts for State juvenile justice systems.
          (y) Senator Ashcroft's amendment to specify that 
        block grants may be used by States to target, curb, and 
        punish adults who use minors to commit crimes.
          (z) Senator Durbin's amendment to restore earmark for 
        the National Runaway Switchboard.
          (aa) Senator Abraham's amendment, as modified, to 
        correct a technical error.
          (bb) Senator Torricelli's amendment, as modified, to 
        direct the Attorney General to track the age of hate 
        crime offenders.
          (cc) Senator Session's amendment to eliminate civil 
        monetary penalty surcharge and authorize Block Grants 
        to be funded from the Violent Crime Trust Fund.
          (dd) Senator Hatch's amendment to establish three 
        flagship Boys & Girls Clubs.
    (3) Senator Feingold offered an amendment to provide 
certain assurances for juvenile justice system employees. The 
amendment was agreed to by unanimous consent.
    (4) The Committee adopted the Hatch substitute amendment, 
as amended, by unanimous consent. The Committee then voted to 
favorably report S. 10, with an amendment in the natureof a 
substitute, by a rollcall vote of 12 yeas to 6 nays.
        YEAS                          NAYS
Hatch                               Leahy
Thurmond (by proxy)                 Kennedy (by proxy)
Grassley                            Biden
Specter (by proxy)                  Kohl
Thompson (by proxy)                 Feingold
Kyl                                 Durbin
DeWine
Ashcroft
Abraham (by proxy)
Sessions
Feinstein
Torricelli (by proxy)

                     V. REGULATORY IMPACT STATEMENT

    In accordance with paragraph 11(b) of Rule XXVI of the 
Standing Rules of the Senate, the Committee, after due 
consideration, concludes that the act will not have significant 
regulatory impact.
    The Committee notes that its conclusion is supported by the 
cost estimate provided by the Congressional Budget Office 
(CBO), set out in section VI of this report. The CBO noted in 
its estimate that ``S. 10 contains no intergovernmental or 
private-sector mandates as defined in UMRA [Unfunded Mandates 
Reform Act] and would impose no costs on state, local, or 
tribal governments.'' 65
---------------------------------------------------------------------------
    \65\ Congressional Budget Office cost estimate, S. 10, ``Violent 
and Repeat Juvenile Offender Act of 1997,'' Sept. 23, 1997, at p. 5.
---------------------------------------------------------------------------
    The Committee also wishes to address an aspect of paragraph 
11(b) of rule XXVI not addressed by the CBO Cost Estimate. Rule 
XXVI (11)(b)(1)(C) requires a determination by the reporting 
Committee of ``the impact on the personal privacy of the 
individuals affected.'' After due consideration, it is the 
Committee's determination that S. 10 will have no significant 
impact on the personal privacy of individuals affected by 
enactment of the Act.
    S. 10 generally requires, inter alia, that Federal court 
proceedings involving juvenile offenders be open to the public 
(section 102) and reforms the practices of the Federal 
Government relating to the use and dissemination of Federal 
criminal records of juveniles tried or adjudicated in Federal 
court (section 108). S. 10, through the operation of the 
juvenile crime control and juvenile offender accountability 
incentive block grant program (section 303), also encourages 
States to reform and improve the retention and dissemination of 
State juvenile criminal records. It is the Committee's view 
that these provisions will have no significant impact on the 
personal privacy interests of any person.
    Regarding open Federal juvenile proceedings, the Committee 
notes as an initial matter that open criminal proceedings are a 
cherished hallmark of our justice system. So great was our 
Founding Fathers' belief in the need for open criminal 
proceedings that they included in the Bill of Rights the 
requirement that ``In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public trial * * *.'' 
66 The inclusion of this provision in the Bill of 
Rights, in the view of the Committee, is conclusive evidence 
that there is no significant privacy interest to be protected 
by closed juvenile criminal proceedings.
---------------------------------------------------------------------------
    \66\ U.S. Constitution, amend. 6.
---------------------------------------------------------------------------
    Moreover, it is the Committee's view that the prophylactic 
principles which underlie the Sixth Amendment, protecting the 
accused from abuse in secret court proceedings and promoting 
public confidence in the criminal justice system, are as 
important today as they were in 1791. It is the Committee's 
view that these principles apply with equal force in the case 
of crimes and offenses committed by juveniles.
    Closed juvenile criminal proceedings are in direct conflict 
with these principles, and thus should be sustained only for 
the most compelling of reasons. The Committee finds these 
reasons lacking. Closed juvenile proceedings evolved in an era 
when juveniles typically engaged in far less severe offenses 
than they do today. Closed proceedings were justified by the 
theory that the reputations of juvenile offenders would be 
irreparably tainted by public proceedings, and that juvenile 
offenders should have the opportunity to reform without 
acquiring this taint. The changing nature of juvenile crime has 
long since demonstrated these theories hollow, and the 
Committee believes that the time has come to apply to the 
Federal juvenile justice system the principles of openness that 
have always governed the adult criminal justice system.
    Similar principles inform the Committee's consideration of 
any privacy interests affected by the retention and 
dissemination of juvenile criminal records, either by the 
States or by the Federal Government. The Committee notes that 
there is no recognized privacy interest in suppressing the 
dissemination of criminal records.67 As with closed 
proceedings, of course, there may once have been a time at 
which the interests of rehabilitating juvenile criminals 
justified more stringent controls on juvenile criminal records 
than apply to adult records. In the Committee's view, however, 
that time, if it ever existed, is past, and the interests of 
promoting
---------------------------------------------------------------------------
    \67\ See, e.g., Paul v. Davis, 424 U.S. 693, 713 (1975) (wrongly 
identifying a man as an active shoplifter in a police flier does not 
implicate a privacy interest protected by the U.S. Constitution); 
Russell v. Gregoire, No. 96-35398, 1997 U.S. App. LEXIS 23074 (9th 
Cir., Sept. 4, 1997) (accumulation and public dissemination of 
information on a sex offender in compliance with Washington State sex 
offender registration statute (``Megan's Law'') implicates no protected 
privacy interest).
---------------------------------------------------------------------------

                           VI. COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 1997.
Hon. Orrin G. Hatch,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 10, the Violent and 
Repeat Juvenile Offender Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for federal costs), Leo Lex (for the state and local 
impact), and Matt Eyles (for the private-sector impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 10--Violent and Repeat Juvenile Offender Act of 1997

                                summary

    S. 10 aims to encourage and strengthen the prosecution of 
juvenile offenders. This legislation would authorize 
appropriations for many programs relating to juvenile crime. 
Assuming the appropriation of the specified and estimated 
amounts, CBO estimates that enacting this bill would result in 
additional discretionary spending of about $1.8 billion over 
the 1998-2002 period. Because S. 10 could affect direct 
spending and revenues, pay-as-you-go procedures would apply. We 
expect, however, that changes in direct spending and revenues 
would not be significant.
    S. 10 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act of 1995 (UMRA) and would 
impose no costs on state, local, or tribal governments. The 
bill would ease a number of grant conditions and provide new 
funding for juvenile crime control programs.
    This bill would impose several new private-sector mandates 
as defined in UMRA. CBO estimates that the aggregate direct 
cost of the new requirements in the bill would fall below the 
$100 million statutory threshold in UMRA.

               description of the bill's major provisions

    Title I of S. 10 would revise certain procedures in federal 
courts to encourage--but not require--more prosecution of 
serious juvenile offenders.
    Title II would provide for increased criminal penalties for 
crimes relating to juvenile gangs. This title also would 
authorize appropriations of $100 million annually for 1998 
through 2002 for grants for high-intensity interstate gang 
activity areas.
    Title III would:
           authorize appropriations of $700 million for 
        each of fiscal years 1998 through 2002 for juvenile 
        crime control grants and related programs;
           authorize appropriations of $50 million for 
        each of fiscal years 1998 through 2002 to the National 
        Institute for Juvenile Justice and Delinquency 
        Prevention for research, demonstration, and evaluation 
        programs;
           authorize the appropriation of such sums as 
        may be necessary for each of fiscal years 1998 through 
        2001 for administration and operation of the Office of 
        Juvenile Crime Control and Accountability;
           authorize the appropriation of such sums as 
        may be necessary for each of fiscal years 1998 through 
        2002 for runaway and homeless youth programs;
           authorize the appropriation of $1 million 
        per year for fiscal years 1998 through 2002 for 
        temporary demonstration projects for youth in rural 
        areas;
           authorize the appropriation of such sums as 
        may be necessary for fiscal year 2002 for missing 
        children grant programs;
           authorize the appropriation of $3 million 
        per year for fiscal years 1998 through 2000 for a pilot 
        program to promote successful juvenile crime reduction 
        strategies;
           repeal several sections of the Violent Crime 
        Control and Law Enforcement Act of 1994; and
           require the Attorney General, subject to 
        amounts provided in advance in appropriations acts, to 
        reimburse state and local governments for costs to 
        incarcerate illegal juvenile aliens.
    Title IV would authorize the appropriations of $15 million 
for fiscal year 1998 to establish at least three flagship Boys 
and Girls Clubs of America.
    Title V would provide for increased criminal penalties, 
including mandatory minimum sentences and provisions for asset 
forfeiture, for many crimes relating to juveniles. The title 
also would authorize the appropriation of such sums as may be 
necessary for fiscal years 1998 through 2001 to provide for 
guardians of victims of child abuse.

                estimated cost to the federal government

    The estimated budgetary impact of S. 10 is shown in the 
following table. The net change in estimated outlays is 
negative in fiscal year 1998 because the bill would repeal 
several existing authorizations of appropriations and spending 
from the new authorizations is likely to be at a slower rate 
than for the repealed authorizations. In addition to the 
discretionary spending shown in the table, S. 10 could lead to 
increases in both revenues and direct spending from provisions 
relating to criminal fines and asset forfeiture; CBO estimates 
that any such increases would be less than $500,000 in each 
year.

                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:                                                                                     
  Authorization Level \1\.................................      264      706      710      659       29        0
  Estimated Outlays.......................................      193      696      711      686      232      115
Proposed Changes:                                                                                               
  New Authorizations:                                                                                           
    Estimated Authorization Level.........................        0    1,004      993      996      997    1,005
    Estimated Outlays.....................................        0      244      627      949      996      996
Repealed Authorizations:                                                                                        
  Estimated Authorization Level...........................        0     -678     -682     -631        0        0
  Estimated Outlays.......................................        0     -487     -581     -597     -204     -109
Net Changes:                                                                                                    
  Estimated Authorization Level...........................        0      326      311      365      997    1,005
  Estimated Outlays.......................................        0     -243       46      352      792      887
Spending Under S. 10:                                                                                           
  Estimated Authorization Level \1\.......................      264    1,032    1,021    1,024    1,026    1,005
  Estimated Outlays.......................................      193      453      757    1,038    1,024    1,002
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year. The amounts shown for subsequent years are the     
  levels authorized under current law (at the top of the table) and those that would be authorized by S. 10 (at 
  the bottom of the table).                                                                                     

    The costs of this legislation fall within budget function 
750 (administration of justice) and 500 (education, training, 
employment, and social services).

                           basis of estimate

Spending subject to appropriation

    For the purposes of this estimate, CBO assumes that the 
amounts authorized in the bill or under current law will be 
appropriated near the start of fiscal year 1998 and by the 
start of each fiscal year thereafter, with outlays following 
the historical spending trends for the authorized activities. 
For existing programs for which the bill authorizes the 
appropriation of such sums as may be necessary, CBO estimated 
future authorization levels by assuming continued funding at 
the level appropriated for fiscal year 1997 with adjustments 
for anticipated inflation.
    Implementing the longer prison sentences mandated by S. 10 
would result in additional federal costs to accommodate 
prisoners for longer periods of time. Based on a preliminary 
assessment by the United States Sentencing Commission, however, 
we estimate that such costs probably would be less than 
$500,000 annually through fiscal year 2002. Spending in later 
years could be greater if the federal courts adopt the harsher 
sentencing guidelines allowed by S. 10. Any increased costs to 
the prison system would be subject to the availability of 
appropriated funds.
    S. 10 would direct the Attorney General to reimburse state 
and local governments for their costs to incarcerate illegal 
juvenile aliens, subject to the availability of appropriations. 
Although little reliable data are available on the population 
of illegal juvenile aliens incarcerated by state and 
localities, about 80 percent of adult aliens incarcerated in 
state and local prisons are probably located in seven states--
Arizona, California, Florida, Illinois, New Jersey, New York, 
and Texas. Based on preliminary information from these states 
regarding the number of juvenile delinquents in each state who 
might be illegal aliens, and extrapolating to the entire 
country, we estimate that the reimbursement required by the 
bill would be roughly $30 million annually. Costs for 
reimbursement could be higher in later years if juvenile 
incarceration rates rise.

Direct spending and revenues

    The imposition of new and enhanced criminal fines in S. 10 
could increase governmental receipts, but we estimate that any 
increase would be less than $500,000 annually. Criminal fines 
are deposited in the Crime Victims Fund and are spent in the 
following year. Thus, any change in direct spending from the 
fund would match the increase in revenues with a one-year lag.
    New forfeiture provisions in S. 10 would result in more 
assets seized and forfeited to the federal government. The 
proceeds from asset forfeitures are deposited in the Assets 
Forfeiture Fund of the Department of Justice as revenues and 
spent out of that fund in the same year. However, we estimate 
that any increase in revenues or spending related to asset 
forfeiture would be less than $500,000 annually.

                      pay-as-you-go considerations

    The Balanced Budget and Emergency Deficit Control Act of 
1985 specifies pay-as-you-go procedures for legislation 
affecting direct spending or receipts. Enacting S. 10 would 
affect direct spending and receipts because of provisions 
relating to criminal fines and forfeiture of assets. CBO 
estimates, however, that these provisions would increase direct 
spending and receipts by less than $500,000 annually.

        estimated impact on state, local, and tribal governments

    S. 10 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments. Some grant conditions would be 
altered slightly; these changes would make it slightly easier 
for state, local, or tribal governments to acquire federal 
funding. New juvenile crime control grants totaling $700 
million annually from fiscal years 1998 through 2002 would 
replace or consolidate a number of grant programs in addition 
to increasing overall funding.

                 estimated impact on the private sector

    S. 10, the Violent and Repeat Juvenile Offender Act of 
1997, would impose new private-sector mandates, as defined in 
UMRA, in several different areas. CBO estimates that 
theaggregate direct cost of the new requirements in the bill would fall 
below the $100 million statutory threshold in UMRA.
    First, section 205 would prohibit certain activities by 
criminal gang members by making it illegal ``to use any 
facility in, or travel in, interstate commerce or foreign 
commerce * * * to recruit'' or coerce other individuals into 
becoming or remaining gang members. The direct cost, as defined 
in UMRA, of that prohibition would be negligible.
    Second, section 213 would authorize federal courts, upon 
the request of a government attorney or law enforcement agency, 
to order providers of paging services and other persons to 
furnish information, facilities, and technical assistance to 
law enforcement officers who use clone pagers in surveillance 
operations. Clone pagers are communications devices (pagers) 
used by officers--unknown to senders or the intended recipients 
of paging messages--to monitor individuals who are believed to 
be engaged in illegal activity. In practice, they are 
equivalent to a telephone that rings simultaneously at one's 
home and at police headquarters. Clone pagers would, for 
example, improve the ability of law enforcement officers to 
track phone calls to the page of a known drug dealer.
    In general, law enforcement agencies reimburse businesses 
in the personal communications industry for the cost of paging 
devices and services furnished to officers. Provided that law 
enforcement agencies continue to reimburse providers of paging 
services and that those agencies do not significantly increase 
usage of the services, CBO estimates that the direct cost of 
provisions in section 213 would not be substantial.
    Third, section 503 would require all federally-licensed 
firearms dealers to make available for sale secure gun storage 
or safety devices, except in rare instances when such devices 
may be temporarily unavailable due to reasons beyond dealers' 
control. Firearms dealers who fail to comply with the 
requirement could have their license revoked.
    CBO estimates that the aggregate direct cost of the 
additional requirement imposed on firearms licensees would be 
relatively minor. Of the approximately 80,000 Class 1 federal 
firearms license-holders (i.e., dealers), a large portion now 
offer safety devices for sale and would continue to do so in 
the absence of federal legislation. Smaller dealers, 
particularly licensees who sell their products at weekend trade 
shows or that have only a small section of their retail 
business devoted to the sale of firearms, would likely be the 
two groups most affected by the new requirement. If the typical 
small firearms dealer paid, on average, $2 to $3 per safety 
device and needed to stock 20 safety devices to comply with the 
new requirement, the direct cost would be about $50 per dealer. 
Assuming one-quarter to one-half of licensees do not currently 
carry safety devices, the aggregate direct cost of the new 
mandate would be between $1 million and $2 million a year.
    Fourth, section 511 would prohibit businesses that are 
engaged in processing of personal information--for example, an 
individual's address or social security number--from employing 
certain categories of individuals. Those businesses would be 
forbidden from using prison inmate labor and persons who are 
required to register their address with state law enforcement 
agencies because of a conviction of a criminal sexual offense 
or certain offenses against a minor. No data is currently 
available on the use of prison inmate labor or other types of 
criminal offenders by data processors in the private sector, 
but many data processing firms perform felony background checks 
on employees prior to hiring. Thus, it is unlikely that the 
direct cost of the restrictions in section 511 would be large. 
S. 10 could have a noteworthy impact on the data processing 
business of Federal Prison Industries, Inc. (UNICOR), but 
UNICOR is not counted as part of the private sector for the 
purposes of UMRA.
    Fifth, section 513 would restrict the use of United States 
Marshals Service (USMS) badges, logos, insignias, or likenesses 
by individuals and businesses in connection with any 
advertisement, circular, book, pamphlet, software, publication, 
play, motion picture, broadcast, telecast, or other production. 
Except with the written permission of the Director of the 
United States Marshals Service, S. 10 would prohibit the 
imitation of anything that could be associated with the USMS on 
any item of apparel (if it could be reasonably believed that 
the person wearing the item was acting under the authority of 
the Marshals Service) and the use of any logo or likeness that 
conveys the impression that the Marshals Service endorses or 
approves of specific goods or services.
    The practical impact of provisions in Section 513 is to 
place the United States Marshals Service on equal footing with 
other federal law enforcement agencies, such as the Federal 
Bureau of Investigation or the Drug Enforcement Agency, to 
restrict the portrayal of its likeness or logo without prior 
approval. In many cases where the likeness or logo of the USMS 
is used, particularly in the motion picture industry, prior 
approval is already obtained. In addition, S. 10 would reduce 
the likelihood that an individual could falsely represent 
himself as an officer in the Marshals Service.
    Direct costs could be imposed by the new prohibition on 
businesses that are unable to obtain permission from the USMS 
Director and, therefore, require to alter existing goods and 
services that contain a USMS logo or likeness. CBO cannot 
estimate the direct costs of complying with the ban, but those 
costs would probably be small.
    Estimate prepared by: Federal costs: Mark Grabowicz; impact 
on State, local, and tribal governments: Leo Lex; impact on the 
private sector: Matt Eyles.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

VII. MINORITY VIEWS OF SENATORS LEAHY, KENNEDY, BIDEN, KOHL, FEINGOLD, 
                               AND DURBIN

                            I. Introduction

    This bill chooses sound bite over sound policy. It reacts 
to the headlines about remorseless young criminals committing 
horrific crimes with a hodgepodge of so-called ``get tough'' 
fixes, an amalgam of good and bad ideas on how to spend Federal 
funds, and a one-size ``Washington-knows-best'' approach to 
juvenile crime that will undoubtedly worsen the juvenile crime 
problem.
    This is particularly unfortunate because there is no need 
to reinvent the wheel on juvenile crime control. In response to 
the explosion of juvenile crime that began in 1985, States and 
localities across the country have been crafting comprehensive 
approaches to this problem. These efforts are now beginning to 
bear fruit. After a decade of grim statistics, juvenile crime 
is beginning to decrease. Recent figures show arrests for 
violent juvenile crimes are down 12 percent since 1994, 
juvenile arrests for murder are down 31 percent since 1993, and 
violent crimes committed by juveniles were down a remarkable 25 
percent in 1995 alone, bringing the victimization rate down to 
1973 levels.
    Although effective juvenile crime control strategies are 
working in cities around the Nation, the results in Boston are 
most impressive. In Boston:
           No juvenile has been killed with a firearm 
        since July 1995.
           Juvenile homicides dropped 80 percent from 
        1990 to 1995.
           The juvenile arrest rate for firearms-
        related assaults declined 60 percent in 1996 alone, and 
        has declined 81 percent since July 1995.
           Overall homicides dropped 36 percent in 
        1996, and are down an additional 33 percent so far in 
        1997.
           Violent crime in the Boston public schools 
        dropped 20 percent in the 1995-96 school year compared 
        to the previous year.
    Boston has achieved these results without adopting any of 
the strategies S. 10 seeks to impose on the entire country--
such as prosecuting more juveniles as adults, housing 
nonviolent juvenile offenders in adult facilities, and spending 
huge sums of money on new facilities and juvenile 
recordkeeping. Rather, the key to success in Boston is a 
comprehensive strategy--neither a ``liberal'' nor 
``conservative'' approach--that involves the entire community, 
police and probation officers, clergy and community leaders, 
even the gang members themselves. The strategy is based on 
three parallel strong commitments--tough, targeted enforcement; 
heavy emphasis on afterschool prevention programs that provide 
alternatives to criminal gang membership for at-risk youth; and 
aggressive steps to take guns out of the hands of criminal gang 
members and other violent juvenile offenders. Neglecting any of 
these commitments unravels the whole strategy. The success in 
Boston reveals the false choice presented by the majority 
between law enforcement and prevention. As virtually every 
expert on the subject agrees, we can and must do both.
    We do not suggest that Boston's is the only juvenile crime 
strategy that works or that our juvenile crime problem has been 
solved. Indeed, we have a long way to go before anyone can 
declare victory. Still, efforts in Boston and other 
jurisdictions are demonstrating that we are making progress, 
and there are solutions that work.
    Unfortunately, S. 10 ignores the innovative formulas for 
success that have been adopted in Boston and elsewhere. Instead 
of promoting comprehensive strategies with proven success, S. 
10 relies primarily on across-the-board ``get tough'' sounding 
measures that are not only ineffective, but fail to grasp the 
complexity of the problem. Our youth violence problem requires 
that we be concerned not only with the small percentage of very 
violent youth who, we agree, must be dealt with severely. We 
must also pay attention to the far greater number of young, 
nonviolent offenders who are just beginning their criminal 
careers but can still be turned around. This includes the 
600,000 juveniles who were arrested for property crimes in 
1995.
    Equally important are the 39 million Americans younger than 
10 years old--the so-called baby boomerang--who will be 
entering their most crime prone years by the turn of the 
century. Many of these 39 million children are living in 
dysfunctional families, trying to survive in dangerous 
neighborhoods, attempting to carry on without an adult role 
model, and being forced to grow up too fast. They are also 
among the millions of children whose parents are working until 
6 or 7 o'clock in the evening and cannot afford to be home 
during the critical afterschool hours.
    If we ignore the breadth of our problem, we will be doing a 
great disservice to the Nation. For if we focus exclusively on 
our most violent youth and neglect those we can still influence 
positively, we will inevitably return to this subject a decade 
from now, and face increasing youth crime rates. Similarly, if 
we indiscriminately tear down principles and institutions that 
have worked well to divert young people from crime and 
delinquency, we will be making things worse for future 
generations, not better.
    This bill takes us in the wrong direction for exactly these 
reasons. In its apparent zeal to ``get tough'' on violent 
youth, it fails to take the steps necessary to improve the 
juvenile justice system in ways that will turn young people in 
trouble away from a life of crime, drugs and violence. In so 
doing, S. 10 also violates the fundamental principle of 
``first, do no harm'' by eviscerating protections for juvenile 
offenders that have shielded them from the poisonous influence 
of hardened adult criminals and by encouraging the Federal and 
State governments to try many more juveniles as adults, even 
though the great weight of the evidence suggests that this 
policy will worsen, not improve our youth violence problem.
    We support a comprehensive approach to youth violence along 
the lines of the Boston model. We should be tough, when being 
tough is necessary. But we should also take into account what 
law enforcement, prosecutors, judges, and juvenile justice 
experts are saying about the need to prevent crime before it 
occurs. Law enforcement officers are correct that we simply 
cannot arrest our way out of the juvenile crime problem. Our 
comprehensiveapproach is tailored to address each of the three 
aspects of the juvenile crime problem--violent and habitual offenders, 
nonviolent offenders just entering the juvenile justice system, and at-
risk youth--and gives discretion to the States to address their own 
particular needs.

  Violent And Habitual Offenders: Aggressive Enforcement, Not Merely 
                         Trying Them As Adults

    We recognize that when it comes to the relatively few 
serious, habitual violent offenders, there is little that the 
juvenile justice system can offer them. They ought to be 
confined for as long as necessary. But merely changing our laws 
to facilitate adult prosecutions of broad categories of 
juvenile offenders will do little or nothing to reduce violent 
crime by juveniles. Instead, we need to invest in additional 
resources for our juvenile prosecutors and courts so they can 
impose quick, certain punishment against juvenile lawbreakers, 
and send the message that anti-social behavior will result in 
immediate and serious consequences.
    The bill does far too little in this area. Boston has 
compiled its remarkable record by engaging in concerted law 
enforcement strategies of targeting criminal gangs, breaking up 
illegal gun markets, increasing the visibility of the police in 
gang and drug-infested neighborhoods, and putting probation 
officers out on patrol with the police, where they can assist 
in preventing crime before it happens. These are the types of 
locally initiated approaches that we ought to be supporting and 
replicating in other communities, but S. 10 provides 
insufficient funding for these purposes.

   Nonviolent Offenders Just Entering The System: Retain Protections 
                 Keeping Them Away From Adult Criminals

    Without justification, this bill eviserates the Federal 
requirements that for the past quarter century have directed 
States and localities to keep juveniles out of adult jails and 
maintain strict physical and sound separation between juveniles 
and adults in custody. We do not accept the majority's premise 
that the States' juvenile justice systems are failing across 
the board. The 25-percent decrease in the juvenile violent 
crime rate in 1995 is a strong indication that many of the 
recent juvenile justice reforms implemented by the States are 
showing results. Recidivism rates are not increasing, and still 
only about one-third of those who enter the juvenile justice 
system ever commit a second offense.
    According to almost all the available evidence, S. 10's 
reduced protections for youth in the juvenile justice system--
primarily nonviolent or first-time offenders--will increase the 
likelihood of juveniles committing additional crimes once they 
leave jail, and the incidence of jail suicides and prison 
assaults. Incarcerating these children with adults is not the 
answer.
    Instead of heading down this ill-conceived path to more 
crime, we ought to be assisting States and localities to 
improve their juvenile justice systems by expanding the 
sentencing options available to juvenile judges, increasing the 
availability of aftercare services for offenders once they 
leave custody, and supporting other locally based initiatives 
that are working to steer juvenile offenders away from crime. 
The House of Representatives, in a bipartisan bill (H.R. 1818) 
that recently passed with overwhelming support, recognized the 
importance of maintaining the core protections and taking steps 
to improve our juvenile justice systems. Unfortunately, S. 10 
did not follow suit.

               At-Risk Youth: Invest In Crime Prevention

    The bill is woefully weak on prevention. In particular, we 
are greatly disappointed that S. 10 provides virtually no 
guaranteed new funding for afterschool programs to provide safe 
havens from crime and drugs to millions of at-risk youth. The 
consensus among police, prosecutors, crime victims and juvenile 
justice experts is that any serious effort to address youth 
violence must emphasize prevention. As Boston's Police 
Commissioner says, ``you can't be credible with enforcement 
without also being credible on prevention.'' Yet, S. 10 ignores 
these pleas and eliminates some prevention programs and 
underfunds others. While we all support Boys and Girls Clubs, 
it is necessary to expand our prevention efforts to other 
community-based organizations so that they can reach many more 
children across the nation.

            Trust the States: No One-Size-Fits-All Solutions

    Despite the majority's claims to the contrary, S. 10 adopts 
a top-down, Washington-knows-best approach, prescribing in 
minute detail changes that States must make in their systems to 
qualify for Federal funds from a newly created block grant. 
This approach is particularly ill-advised since the States are 
already taking the lead in reforming their juvenile justice 
systems. Since 1992, 47 States and the District of Columbia 
have enacted substantial reforms in a number of areas, such as 
opening up access to juvenile records. The new mandates 
contained in the so-called ``Incentive Block Grant Program'' 
are overly prescriptive and prohibitively costly to the States.
    Characteristic of S. 10's ``Washington knows best'' 
approach is the highly prescriptive records mandate containing 
a page of statutory language detailing how States must compile 
their records on juvenile offenders to qualify for Federal 
funds. We agree that States should improve their recordkeeping, 
but we should not second-guess reforms that are already 
underway. This level of Federal intrusion is not necessary.
    We do not believe that S. 10 is a lost cause. The bill has 
been substantially improved since it was first introduced and 
some important amendments were added during the Committee 
markup. However, a number of other important changes will have 
to be made before S. 10 can be effective and warrants our 
support.

 II. S. 10 Will Worsen Juvenile Crime by Encouraging Adult Prosecution 
    of Violent and Non-violent Juvenile Offenders and by Providing 
      Inadequate Support for Law Enforcement Initiatives That Work

    Encouraging adult prosecution of juvenile offenders--
violent and nonviolent alike--at both the State and Federal 
level is a lynchpin of S. 10's strategy for reducing juvenile 
crime. This strategy is a vivid illustration of the 
proponents'' failure to understand the complexities of the 
juvenile crime problem and their tendency to promote solutions 
that sound tough but actually do more harm than good. Investing 
in effective law enforcement strategies--tested and proven at 
the local level--will do far more to reduce youth violence.

    a. prosecuting juveniles as adults will worsen the crime problem

    It is important to understand the precise nature of 
juvenile crime. Approximately 5 percent of juvenile offenders--
the murderers, rapists, aggravated assailants and drug 
traffickers--pose a serious and immediate threat to public 
safety.\1\ The remaining 95 percent of juvenile offenders are 
traveling down the wrong path, but have committed primarily 
property crimes and low-level drug offenses.
---------------------------------------------------------------------------
    \1\ Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' p. 17.
---------------------------------------------------------------------------
    Unfortunately, S. 10 treats all juvenile offenders as if 
they fall into the relatively small category of ``serious 
violent offenders,'' and encourages adult prosecution of them. 
It makes wholesale changes in Federal law, adopting a ``one 
size fits all'' approach that would give Federal prosecutors 
unfettered discretion to prosecute as an adult all juvenile 
felony offenders, regardless of whether they committed a 
violent and nonviolent offense. It also encourages States to 
prosecute juvenile offenders as adults.
    We believe it is necessary to ensure that violent juvenile 
offenders are confined for sufficient periods of time to 
provide accountability, protect the public, and deter other 
offenders. But trying and sentencing broad categories of 
juvenile offenders as adults will exacerbate, not reduce, the 
juvenile crime rate. Indeed, whatever the policy goals of the 
majority may be--enhancing deterrence, increasing punishment, 
or reducing recidivism--research suggests that none of them 
will be advanced by prosecuting juvenile offenders in adult 
criminal court.
    Perhaps the most compelling evidence is that there is 
absolutely no correlation between the number of juveniles tried 
as adults and the juvenile crime rate. States with high 
transfer rates do not necessarily have lower crime rates and 
States with fewer transfers do not have more juvenile crime.\2\ 
Florida and New York, States with two of the most aggressive 
policies of trying juveniles in adult court, have the two 
highest juvenile violent crime rates in the country.\3\
---------------------------------------------------------------------------
    \2\ Eric Lotke and Vincent Schraldi, ``An Analysis of Juvenile 
Homicides: Where They Occur and the Effectiveness of Adult Court 
Intervention,'' p. 9 (1996).
    \3\ Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' p. 22; 
Office of Juvenile Justice and Delinquency Prevention, ``Juvenile 
Offenders and Victims: A Focus on Violence,'' p. 29 (May 1995) (noting 
that Florida prosecutors filed charges against 7,000 juvenile offenders 
in adult court in 1993).
---------------------------------------------------------------------------
    While we acknowledge that more research is needed in this 
area, the few reliable studies conducted have indicated that 
transferring juvenile offenders to the adult criminal court 
system does not increase the severity or certainty of 
sanctions. A 1991 study by Jeffery Fagan through the National 
Institute of Justice compared the case outcomes, sanctions 
imposed, and recidivism rates of 15- to 16-years-old felons in 
two States--New York, where they are tried as adults, and New 
Jersey, where they are handled in juvenile court.\4\ The data 
showed that during the period 1985-86, convictions were no more 
likely in adult court, punishment was imposed less swiftly, 
incarceration was less likely, and sentences were nearly 
identical.\5\
---------------------------------------------------------------------------
    \4\ Jeffery Fagan, ``The Comparative Impacts of Juvenile and 
Criminal Court Sanctions on Adolescent Felony Offenders'' (1991).
    \5\ Id., pp. 63-64.
---------------------------------------------------------------------------
    A study of youthful offenders in Maryland reached similar 
results, finding that 59 percent of the youths handled in the 
juvenile system received probation or incarceration, but only 
37.5 percent received such sanctions in the adult system.\6\ 
These results cast doubt on the majority's premise that trying 
juveniles as adults will increase the accountability of our 
criminal justice system.
---------------------------------------------------------------------------
    \6\ ``Sanctioning of Youthful Offenders in Maryland: Comparison of 
Juveniles Handled in the Adult System and Youth Returned to the 
Juvenile Justice System'' (1996).
---------------------------------------------------------------------------
    We also have substantial doubt as to whether adult 
prosecution of juvenile offenders will increase public safety 
by reducing recidivism. A comparison of 2,738 juvenile 
offenders in Florida transferred to the adult system and 
similar offenders who remained in juvenile court showed that 
``by every measure of recidivism employed, reoffending was 
greater among transfers than among the matched controls.'' \7\ 
Not only were those transferred more likely to re-offend, but 
they did so almost twice as quickly as the offenders who 
remained in juvenile court. Fagan reached similar conclusions, 
finding that recidivism rates were higher and rearrests 
occurred more quickly for the juveniles tried in New York 
criminal courts than for their counterparts adjudicated in New 
Jersey juvenile courts.\8\ This research suggests that the 
policy being advanced by the majority may actually prove 
counterproductive--transferring juveniles to the adult system, 
where some of them are sentenced to adult institutions, may 
turn the youthful offenders into even worse criminals. The 
folly of this endeavor was described well by Fagan:
---------------------------------------------------------------------------
    \7\ Donna M. Bishop, Charles Frazier, et al., ``The Transfer of 
Juveniles To Criminal Court: Does It Make a Difference?'' 42 Crime & 
Delinquency 171 (1996).
    \8\ Fagan, supra, p. 64.

          If criminalization is intended to instill 
        accountability, its effects are diluted by the 
        lengthier case processing time. If it is intended to 
        protect the public by making incarceration more certain 
        and terms lengthier, it fails also on this count.\9\
---------------------------------------------------------------------------
    \9\ Id.

    Another consequence of trying more juveniles as adults is 
that young people will be confined in adult correctional 
institutions where they may have direct contact with adult 
offenders. Although juveniles 18 or younger will be housed 
separately from adults in the Federal system due to Senator 
Biden's unanimously endorsed amendment, the same cannot be said 
for youthful offenders tried as adults in many States. As of 
1994, 36 States permitted young inmates tried as adults to be 
housed with adult inmates, leading to the incarceration of 
4,730 persons age 16-17 in adult correctional facilities.\10\As 
we describe later in this report, nothing good can come from 
permitting contact between young offenders and hardened adult 
criminals.
---------------------------------------------------------------------------
    \10\ Dale Parent, et al., ``Key Legislative Issues In Criminal 
Justice: Transferring Serious Juvenile Offenders to Adult Courts,'' p. 
5, National Institute of Justice: Research In Action (January 1997).
---------------------------------------------------------------------------
    There are additional problems associated with prosecuting 
broad categories of juveniles as adults. For example, in 1994, 
the majority of juveniles waived into adult courts were charged 
with nonviolent offenses, mostly property crimes and drug 
offenses.\11\ Prosecuting the 15-year-old first-time, low-level 
drug offender as an adult is inefficient, costly and counter- 
productive.\12\
---------------------------------------------------------------------------
    \11\ Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' p. 31.
    \12\ Prosecuting kids as adults also may exacerbate already 
existing racial tensions in the criminal justice system. At least one 
study has shown that prosecuting juveniles as adults ``has a 
disproportionate impact on minority youths.'' ``Getting Smart about 
Getting Tough: Juvenile Justice and the Possibility of Progressive 
Reform,'' 33 Am. Crim. L. Rev. 1299, 1314-17 (1996); see also Willing, 
``Tackling Teen Crime,'' USA Today, p. 1, Sep. 18, 1997 (``The weight 
of juvenile prosecutors seems to fall heaviest on blacks. In 
Jacksonville, about 57 percent of juveniles arrested last year were 
African-Americans. But on a recent day more than 85 percent of jailed 
juveniles were black.'').
---------------------------------------------------------------------------
    Despite the studies indicating that prosecuting young 
people in the adult criminal system will not increase 
accountability, reduce recidivism, or serve any other public 
policy interest, S. 10 makes a number of procedural changes to 
encourage the prosecution of more juveniles as adults in the 
Federal system. Most importantly, S. 10 removes Federal judges 
from any role in deciding whether a juvenile should be 
transferred to the adult system. Under current law, Federal 
judges have the ultimate decisionmaking power except in limited 
cases involving serious, repeat juvenile offenders. S. 10, 
however, eliminates the judicial role by giving Federal 
prosecutors unreviewable discretion to prosecute as adults any 
juvenile 14 and older who commits any Federal felony offense. 
The most serious felons can be charged directly as an adult by 
a U.S. attorney; other accused felons can only be charged as 
adults with the permission of the Attorney General.
    We oppose the elimination of a judicial role in this 
critical process. Under current practice, prosecutors may seek 
the transfer of a juvenile to adult court and present all the 
reasons they believe this step is necessary and appropriate. 
Likewise, the advocate for the offender may present evidence in 
opposition to the transfer, such as indicators that the 
juvenile may be amenable to the treatment and rehabilitation 
available in the juvenile system.\13\ Independent, neutral 
judges are in a far better position to weigh the relevant 
factors and reach the appropriate decision than Federal 
prosecutors. While we have great respect for our Federal 
prosecutors, their institutional role does not include 
evaluating the fitness of young people for prosecution in the 
adult system. And, prosecutors may be subject to political 
pressures that could improperly influence their decisions on 
the highly charged issue of trying juveniles as adults. Except 
in very limited circumstances involving the most serious 
offenders, we believe it is far better for prosecutors to 
continue in their traditional adversarial role and allow the 
ultimate decision to be made by a neutral judge, as we do in 
numerous other contexts.
---------------------------------------------------------------------------
    \13\ These factors include the age and social background of the 
juvenile; the nature of the alleged offense; the extent and nature of 
the juvenile's prior delinquency record; the juvenile's present 
intellectual development and psychological maturity; the nature of past 
treatment efforts and the juvenile's response to such efforts; the 
availability of programs designed to treat the juvenile's behavioral 
problems; and the extent to which the juvenile played a leadership role 
in an organization, or otherwise influenced other persons to take part 
in criminal activities, involving the use or distribution of controlled 
substances or firearms, 18 U.S.C. 5032.
---------------------------------------------------------------------------
    Senator Leahy sought to preserve a judicial role in 
determining the appropriateness of transferring particular 
juvenile offenders to adult status. Significantly, his 
amendment preserved unfettered, unreviewable Federal 
prosecutorial discretion in the most serious cases, that is, in 
all cases involving ``serious violent felonies'' and ``serious 
drug offenses.'' In a case such as a 14-year-old with no prior 
record arrested for a nonviolent felony offense, the Leahy 
amendment still would have allowed the prosecutor--rather than 
the judge--to make the initial decision whether to charge a 
juvenile as an adult. However, this initial charging decision 
would then be subject to judicial review by the district court 
judge if the offender seeks a transfer to juvenile court. To 
avoid the delays that have dogged the current system both at 
the district court and appellate level, the Leahy amendment 
would have required the offender to seek a transfer within 20 
daysand prohibited a defendant from immediately appealing the 
judge's decision.
    This amendment reflected an attempt to bring S. 10 into 
line with the practice of the vast majority of those States 
that permit prosecutors to make the determination in the first 
instance as to whether to prosecute a juvenile as an adult. Ten 
States give prosecutors the power to file charges against 
juveniles in adult court.\14\ However, 7 of the 10 States have 
``reverse waiver'' mechanisms in place similar to the structure 
of the Leahy amendment.\15\ Such provisions permit certain 
juveniles charged as an adult to petition the court to be 
returned to juvenile court. Judges, therefore, play an 
important role in determining whether certain juveniles will be 
prosecuted as an adult.
---------------------------------------------------------------------------
    \14\ Office of Juvenile Justice and Delinquency Prevention, ``State 
Responses to Serious and Violent Juvenile Crime,'' p. 5 (July 1996).
    \15\ Id.
---------------------------------------------------------------------------
    There are only three States (Florida, Louisiana, and 
Michigan) where prosecutors possess the type of unfettered 
discretion that proponents of S. 10 are seeking for Federal 
prosecutors.\16\ As noted earlier, Florida prosecutes more 
juveniles as adults than any other State, and yet only one 
State had a higher juvenile violent crime arrest rate in 1995. 
Moreover, the Justice Department did not request unreviewable 
prosecutorial discretion for all felony offenses and, in fact, 
supports allowing ``certain juveniles to petition the court to 
be proceeded against as juveniles'' since such a procedure 
``maintains an important balance between streamlining the 
Federal charging process and ensuring the appropriate 
safeguards for juveniles in the Federal system.'' \17\ Despite 
this, and the compelling reasons for maintaining a judicial 
role in the process, the Leahy amendment was defeated.
---------------------------------------------------------------------------
    \16\ Id.
    \17\ Letter from Assistant Attorney General Andrew Fois to Chairman 
Orrin Hatch, conveying the views of the administration on S. 10 (July 
9, 1997).
---------------------------------------------------------------------------
    S. 10 also unwisely encourages the prosecution of juveniles 
as adults in the Federal system by expanding the categories of 
offenders that are eligible for such treatment. Currently, 
juveniles under age 15 can only be tried as adults for a few 
serious offenses, such as murder and rape within U.S. 
territorial jurisdiction. Juveniles over age 15 may only be 
transferred to the adult system for violent or drug crimes.\18\ 
S. 10, however, would permit adult prosecution of juveniles for 
any Federal felony and lowers the age of eligibility for adult 
prosecution to 14.\19\ We simply do not believe that nonviolent 
14-year-olds should be subject to adult prosecution and fail to 
understand why the majority believes it is necessary to broaden 
current law so extensively.
---------------------------------------------------------------------------
    \18\ Juveniles over age 16 may be proceeded against directly as 
adults, however, if they are repeat violent or drug offenders. 18 
U.S.C. 5032.
    \19\ The age of eligibility would actually be raised from 13 to 14 
for a limited number of offenses.
---------------------------------------------------------------------------
    In sum, we are convinced that the intent and effect of S. 
10 will be to increase the number of juveniles tried as adults 
in Federal court, which we believe to be unwise, unwarranted, 
and a step backward in our efforts to reduce juvenile crime.

 B. S. 10 Gives Short Shrift to Enforcement Strategies That Work, And 
     Provides Inadequate Funding to Juvenile Prosecutors and Courts

    This bill adopts strategies that are either ineffective or 
counterproductive, while virtually ignoring other enforcement 
measures that work and are critically needed. For example, S. 
10 does not provide local prosecutors and courts with the 
resources necessary to prosecute juveniles and use other 
innovative methods to ensure that juveniles understand that 
criminal acts carry swift and certain consequences.
    Juveniles all too frequently are not deterred from 
committing crime because our prosecutors and courts are 
overwhelmed with cases and cannot dedicate the resources and 
attention to each case that it deserves. Inadequate resources 
for the juvenile justice system not only lead to backlogs and 
delays, but also frustrate the ability of our prosecutors to 
analyze evidence, speak with witnesses, and prepare their 
cases. The result too often is ``revolving door justice,'' 
where individuals are cycled through the system and only the 
most violent offenders receive serious attention. Other youth, 
in the early stages of their criminal careers, learn that they 
can continue to break the law with impunity.
    A recent study of the juvenile courts in Cook County, 
Illinois confirmed this trend, noting that 70 percent of all 
juvenile cases were dismissed for lack of evidence or the 
failure of witnesses to appear.\20\ The author of the report 
remarked that:
---------------------------------------------------------------------------
    \20\ Fox Butterfield, ``With Juvenile Courts in Chaos, Some Propose 
Scrapping Them,'' New York Times, p. A1 (July 21, 1997).

          You have lots more cases but almost the same number 
        of judges and prosecutors, and they can only do so much 
        work and prove a certain number guilty. So all these 
        kids are brought in on criminal charges and then most 
        are let go. It fosters cynicism about the court, makes 
        the public and crime victims mad and teaches young 
        people that justice is a joke.\21\
---------------------------------------------------------------------------
    \21\ Id.

    With more resources, communities also would be able to 
replicate innovative enforcement initiatives such as those 
adopted in Boston. For example, under ``Operation Night 
Light,'' probation officers and police patrol the streets 
together and make unannounced visits to homes to ensure that 
juvenile offenders are in compliance with the terms of 
probation. If an offender is not in compliance, a swift arrest 
is made, and the offender is immediately held accountable in 
court. Probation officers and police frequently make 
unannounced visits as early as the day after the juvenile was 
placed on probation in order to send a message to the 
juvenileoffender that actions have consequences. The compliance rate 
with the terms and conditions of probation has increased from 17 
percent to over 50 percent since the implementation of ``Operation 
Night Light''.
    And under Boston's ``Operation Cease Fire,'' prosecutors 
cooperate with police officers and community leaders to target 
hot spots of gang activity. These groups meet with gang 
members, tell them there will be zero tolerance for violence, 
and discuss the precise consequences of violating the law. 
Firearm homicides of young people have dropped 64 percent since 
Operation Cease Fire went into effect in May 1996.
    Local prosecutors, police and probation officers across the 
Nation are developing similar enforcement strategies that are 
beginning to show progress. Many others, however, are 
struggling to keep their heads above water. One of the most 
effective ways we can combat the youth violence and gang 
problem is to provide the necessary resources to prosecutors 
and courts so they can do their jobs effectively.
    Despite the obvious need for additional resources targeted 
specifically to prosecutors and courts, S. 10 as introduced 
provided no new funding in this area. The chairman's mark 
improved on this by providing $50 million for hiring 
prosecutors, public defenders and court personnel. The bill was 
further strengthened when the Committee accepted an amendment 
from Senator Biden expanding use of these funds to programs 
like Operation Night Light and Operation Cease Fire, and an 
amendment from Senator Feingold adding prosecution of 
interstate criminal gang activity as a permissible use.
    However, this funding level falls far short of an adequate 
commitment. The president of the National District Attorneys 
Association, William L. Murphy, pointed out the inadequacy of 
this funding:

          The proposals offered in the [Chairman's mark] are of 
        limited value. The average district attorney couldn't 
        afford to hire and retain a specialized juvenile 
        prosecutor on the meager grant monies that would be 
        available.

Like the National District Attorneys Association, we believe 
that an additional $100 million--as called for in President 
Clinton's budget--is warranted. Unfortunately, proponents of S. 
10 fail to put their money where their mouth is, and instead 
offer a series of tough-sounding measures that will prove 
ineffective and will actually worsen the crime problem.

III. S. 10 Will Worsen Our Juvenile Crime Problem by Permitting Contact 
                  Between Juvenile and Adult Offenders

    By focusing almost exclusively on violent offenders, S. 10 
does very little to address the growing number of nonviolent 
offenders, just beginning their criminal careers, who can still 
be steered away from gangs, drugs, and violence. But even 
worse, with virtually no analysis or documentation, the 
majority casually asserts that the ``core protections'' of the 
Juvenile Justice and Delinquency Prevention Act of 1974--which 
have served to protect juvenile offenders like them from the 
corrupting influence of adult offenders--have been 
counterproductive and should be radically amended. Despite the 
majority's assertions to the contrary, the bill undoubtedly 
would permit physical contact between juveniles and adults in 
custody. It would also permit juveniles to be placed in cells 
next to adult offenders where they could have unrestricted 
communication for up to three days. Indeed, under the new 
standards, even the most minor juvenile offenders could be 
placed in adult facilities--incredibly dangerous places for 
young people--for unlimited periods of time. We strongly 
disagree with all of these changes. We strongly disagree.
    The key component of the 1974 Act--the requirement that 
States maintain strict separation between juvenile and adult 
offenders--remains a hallmark of our criminal justice system. 
We are not aware of any criminal justice professionals who 
believe that increasing the exposure of juvenile offenders to 
adults will improve the life prospects of the juvenile 
offenders. Quite the contrary, permitting contact between 
juvenile and adult offenders and placing juveniles in adult 
jails will greatly increase the likelihood that juvenile 
offenders--the great majority of whom are nonviolent--will 
commit additional crimes once they leave custody. John DiIulio, 
a criminologist frequently cited approvingly by supporters of 
S. 10, is correct that ``jailing youths with adult felons under 
Spartan conditions will merely produce more street 
gladiators.'' \22\ Moreover, the contact the bill permits 
between juveniles and adults will lead to an increased number 
of tragedies inside our jails and prisons--rapes, assaults, and 
suicides of young people, some of whom will be very minor 
offenders.
---------------------------------------------------------------------------
    \22\ John I. DiIulio, Jr., ``Stop Crime Where It Starts,'' New York 
Times, July 31, 1997, p. A-15.
---------------------------------------------------------------------------
    Since the Committee bill erases laws that have served an 
important purpose in our criminal justice system for almost a 
quarter century, we believe it is necessary to review the 
original purpose of the Act and explain how minor adjustments 
to current law could provide localities the additional 
flexibility they need without tearing down these essential core 
protections for juvenile offenders that continue to be needed.

  A. The ``Core Protections'' of the Juvenile Justice And Delinquency 
                   Prevention Act of 1974 Have Worked

    Twenty-five years ago, this Committee began a comprehensive 
set of landmark hearings revealing a wealth of evidence that 
juvenile delinquents were being detained in horrific conditions 
where they often had contact with adult offenders.\23\ This 
contact often led to tragedy--assaults, rapes, and suicides of 
young people. This Committee received reams of examples too 
numerous to recount here of children, charged with the most 
minor of offenses, being placed in adult jails--essentially 
rooms with bars--with no professional supervision, no mental 
health services, and no educational programs. The result: the 
15-year-old who hung himself in Michigan, the 18-year-old in 
Virginia who committed suicide by setting fire to his mattress 
while locked in an isolation cell, the 17-year-old who was 
gang-raped by four cell mates in the central lockup of Orleans 
Parish, Louisiana, and the list goes on.24 A 
shocking report on practices in Philadelphia estimated that 
2,000 sexual assaults occurred inside adult jails or 
``sheriff's vans'' used to transport juvenile and adults to 
court over a 26-month period. One juvenile was raped five times 
while inside such a van.25
---------------------------------------------------------------------------
    \23\ ``Investigation of Juvenile Delinquency in the United 
States,'' hearing before the Subcommittee to Investigate Juvenile 
Delinquency of the Senate Committee on the Judiciary, 92d Cong., 2d 
sess., and 93rd Cong., 1st sess. (May 15 and 16, June 27 and 28, 1972, 
and Mar. 26 and 27, June 26 and 27, 1973); ``Investigation of Juvenile 
Delinquency in the United States,'' hearing before the Subcommittee to 
Investigate Juvenile Delinquency of the Senate Committee on the 
Judiciary, 93rd Cong., 1st sess. (Sept. 10, 11, and 17, 1973).
    \24\ ``Investigation of Juvenile Delinquency in the United 
States,'' hearing before the Subcommittee to Investigate Juvenile 
Delinquency of the Senate Committee on the Judiciary, 93rd Cong., 1st 
sess., p. 4 (1973).
    \25\ Id.
---------------------------------------------------------------------------
    The policy of separating juveniles and adults also 
represents good criminal justice policy. Senator Bayh, author 
of the 1974 Act, said it well:

          Tossed in jail with hardened criminals, a runaway may 
        learn how to steal a car or a truant may be taught how 
        to shut off a burglar alarm. Innocent teenagers emerge 
        from jail street-wise. Even a brief stay in jail, 
        rather than deterring crime, may just make a juvenile 
        more sophisticated and less likely to be caught at his 
        next offense.26
---------------------------------------------------------------------------
    \26\ Id.

    Through Senator Bayh's efforts, the Committee also 
uncovered substantial evidence that thousands of young people 
were languishing in jail for relatively minor, noncriminal 
offenses such as truancy or running away from home (``known as 
status offenses''), instead of being provided the services 
necessary to relieve the causes of the inappropriate conduct, 
oftentimes child abuse or neglect.
    Based on this record, Congress enacted the Juvenile Justice 
and Delinquency Prevention Act of 1974. Among other things, the 
Act created a formula grant program for States to improve their 
juvenile justice systems. To qualify for the grants, States 
were required to assure that juveniles would be separated from 
adults in all stages of custody and that status offenders and 
``non-offenders'' such as alien juveniles in custody or abused 
and neglected children would not be incarcerated. Grants were 
initially dedicated toward improving State facilities to 
achieve compliance with the two core protections. As States 
came into compliance, grants could be used for other system 
improvements--such as the development of alternative sanctions, 
construction of community based facilities, aftercare services 
for offenders, and crime prevention programming.
    The Act was reauthorized in 1977, 1980, 1984, 1988, and 
1992.
    In 1980, Congress responded to studies indicating that 
despite the separation requirements of the original Act, almost 
half a million juveniles were continuing to be housed in adult 
jails and lockups each year--sometimes in solitary confinement 
cells or windowless rooms to achieve separation.27 
These studies indicated that the suicide rate of juveniles held 
in adult jails was almost eight times the rate of juveniles 
placed in secure juvenile detention facilities.28 
Half of the total number of children that killed themselves 
while in adult jails and lockups during the year of the study 
were merely status offenders. In response to these findings, 
the Act was amended to add a new requirement that States remove 
juveniles from adult jails.
---------------------------------------------------------------------------
    \27\ Michael Flaherty, ``An Assessment of the National Incidence of 
Juvenile Suicide in Adult Jails, Lockups, and Juvenile Detention 
Centers,'' U.S. Department of Justice, pp. 5, 9 (1980).
    \28\ Id., p. 10. The suicide rate of children in adult jails during 
1978 was 12.3 per 100,000 population, whereas the rate for children in 
juvenile detention facilities was 1.6 per 100,000 (lower than the 2.7 
rate for juveniles in the general population).
---------------------------------------------------------------------------
    In addition, during the 1980 reauthorization, Congress 
created an exception to the prohibition on incarcerating status 
offenders, by permitting States to place juveniles that had 
violated a ``valid court'' order in a secure detention or 
correctional facility. This exception enabled juvenile court 
judges to punish chronic status offenders that had been 
formally ordered to discontinue their inappropriate conduct.
    During the 1988 reauthorization, Congress added a new 
requirement that States participating in the grant program 
study whether minority youth were being incarcerated at a 
disproportionate rate and, if so, to address prevention efforts 
toward reducing minority confinement.
    Over time, the statute has been modified, and various 
administrative requirements have been added to the formula 
grant program. Yet, the four ``core requirements'' of the Act 
remain:

          (1) Separation of juvenile offenders from adults in 
        custody and from the part-time or full-time security 
        and direct-care staff of adult prisons (known as 
        ``sight and sound'' separation);
          (2) Removal of juveniles from adult jails or lockups, 
        with a 24-hour exception in rural areas and other 
        exceptions for travel and weather related conditions;
          (3) Deinstitutionalization of status offenders;
          (4) Reduction of disproportionate minority 
        confinement.

    It is important to note that these requirements apply only 
to juvenile delinquents. Juveniles tried as adults are not 
covered by the Act and may be placed in adult facilities to the 
extent permitted by State law.
    By any objective measure, the Act has been enormously 
successful. When it was first implemented, States reported that 
85,000 juveniles were detained each year without adequate 
separation from adult offenders. By 1995, this number had been 
reduced to 1,800. 29 When States entered the formula 
grant program, 171,872 status offenders were being held in 
secure detention annually. Due to intervention programs 
established through the Act, only 3,696 juveniles were 
institutionalized in 1995.30 Initial jail and lockup 
data revealed 159,516 instances of juveniles being detained in 
adult facilities. That figure has been reduced to 10,035 in 
1995, with the two States that are no longer participating in 
the program accounting for over 7,000 of those 
violations.31
---------------------------------------------------------------------------
    \29\ ``Fixing A Broken System: A Review of the OJJDP Mandates,'' 
hearing before the Subcommittee on Youth Violence of the Senate 
Committee on the Judiciary, 105th Cong., 1st sess. (1997) (testimony of 
Shay Bilchick).
    \30\ Id.
    \31\ Id.
---------------------------------------------------------------------------
    Significant data has also been collected concerning 
minority confinement. While African-American juveniles comprise 
approximately 15 percent of the United States juvenile 
population, they represent 28 percent of the juveniles 
arrested, 33 percent of the juveniles referred to juvenile 
court, 44 percent of the juveniles detained, 41 percent of the 
juveniles sentenced to incarceration, and 57 percent of the 
juveniles transferred to adult court.32 Forty-three 
percent of the juveniles in secure public detention facilities 
are African-American, 32 percent are white, and 21 percent are 
Hispanic.33 African-American youth are twice as 
likely to be arrested as whites and seven times as likely to be 
detained in a public detention facility.34
---------------------------------------------------------------------------
    \32\ National Council on Crime and Delinquency, ``National 
Estimates of Juvenile Arrests, Detentions, Adjudicated Confinement, 
Adult Court Transfers and One Day Court Public and Private Custody by 
Race 1995'' (1996).
    \33\ Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' p. 42.
    \34\ In 1995, 768,600 African-American youth were arrested, for a 
rate of 17,120 per 100,000; 1,849,050 white youth were arrested, for a 
rate of 7,820 per 100,000 (a ratio of 2.19:1). Id., p. 17. A single-day 
count of the juvenile population in public facilities showed that 
29,702 African-Americans were incarcerated, for a rate of 661 per 
100,000, while 21,858 whites were incarcerated, for a rate of 92 per 
100,000 (a ratio of 7.15:1). Office of Juvenile Justice and Delinquency 
Prevention, ``Public Facility Characteristics by Self Classification'' 
(Jan. 29, 1997).
---------------------------------------------------------------------------

 B. Recent Reform Efforts Demonstrate That the Core Protections Can Be 
 Maintained While Providing Needed Flexibility to States and Localities

(1) Senate Judiciary Committee Action

    Following a series of hearings in 1996 by the Subcommittee 
on Youth Violence, Senators Thompson and Biden introduced a 
bipartisan bill to reauthorize the Act for an additional 4 
years. The bill--S. 1952--was reported by the Committee on 
September 16, 1996, a fact that the majority apparently would 
like to forget, since it does not even mention the bill it 
reported just over a year ago.35
---------------------------------------------------------------------------
    \35\ Fourteen of the Committee's current eighteen members served 
during the 104th Congress.
---------------------------------------------------------------------------
    In its report, the Committee concluded that the four core 
requirements should be maintained, but that each requirement 
should be modified to provide localities, especially in rural 
areas, added flexibility.
    The Committee explicitly concurred with the testimony of 
William Woodward, Director of the Colorado Criminal Justice 
Department, that having adults in close proximity to juveniles 
``can increase the risk of violence to juveniles, the risk of 
suicide, and potential liability to law enforcement officials, 
as well as exposing juveniles to a dangerously influential 
criminal element.'' 36 Yet, the Committee also found 
that overly strict interpretation of the ``sight and sound'' 
requirement had interfered with efficient operation of 
correctional facilities by prohibiting even brief, incidental 
sight contact between adults and juveniles and precluding adult 
and juvenile facilities located at the same site (``co-located 
facilities'') from sharing staff and recreational 
areas.37 Accordingly, the bill modified the 
separation standard to prohibit only ``regular contact'' 
between juveniles and adults and eliminated the prohibition on 
using shared staff.38
---------------------------------------------------------------------------
    \36\ S. Rept. 369, 104th Cong., 2d sess., p. 15 (1996).
    \37\ Id.
    \38\ Id., p. 25. The term ``regular contact'' was defined to permit 
incidental contact between juveniles and adults in common areas if 
reasonable efforts were made to segregate them.
---------------------------------------------------------------------------
    The Committee also determined that the restriction on 
placing juveniles in adult jails should be retained, but 
modified to provide greater flexibility. Local law enforcement 
officials complained that the blanket prohibition on placing 
juveniles in adult jails required them to transport juveniles 
long distances for placement in a juvenile facility and then 
required additional travel for court appearances. They also 
maintained that barring the use of adult jails for even short-
term detention of juveniles limited the ability of the juvenile 
courts to develop a program of graduated sanctions due to a 
shortage of juvenile bed-space,especially in rural 
areas.39 The Committee found that permitting detention of 
juveniles for 72 hours in nonmetropolitan areas (if there were no 
easily accessible alternatives) would alleviate these problems and 
eliminate any disincentives the jail removal requirement may have 
created for arresting juveniles.40
---------------------------------------------------------------------------
    \39\ Id., pp. 14-15.
    \40\ Id., pp. 15, 26.
---------------------------------------------------------------------------
    The Committee also expressed concern that the inflexible 
prohibition on incarcerating status offenders limited the 
juvenile court's ability to impose meaningful sanctions on 
status offenders and deal effectively with runaway 
youth.41 To provide States with needed flexibility, 
``while preserving the rights of these offenders,'' the bill 
granted juvenile courts authority to detain a runaway, truant, 
or incorrigible youth for up to 72 hours if the youth had been 
previously warned that his or her conduct would lead to such a 
sanction or the chronic behavior of the youth presented a 
danger to his or her physical or emotional well-
being.42
---------------------------------------------------------------------------
    \41\ Id. pp. 13-14.
    \42\ Id., p. 25.
---------------------------------------------------------------------------
    Finally, the Committee clarified to the directive to study 
and address disproportionate minority confinement. The new 
standard confirmed that States were only required to ``address 
prevention efforts'' toward reducing the number of minorities 
in secure detention and that the law created no requirement to 
impose racial quotas on arresting or incarcerating minority 
youth.43
---------------------------------------------------------------------------
    \43\ Id., p. 26.
---------------------------------------------------------------------------

(2) OJJDP Regulatory Action

    Most of the Committee's proposed modifications to the core 
requirements were included in a comprehensive revision of the 
Justice Department's implementing regulations, which were 
finalized on December 10, 1996.44 These 
modifications were undertaken to ``assist jurisdictions that 
are working diligently to comply with statutory and regulatory 
obligations'' and ``recogniz[e] certain real-world factors 
which can make `perfect' compliance unrealistic.'' 
45 The revisions:
---------------------------------------------------------------------------
    \44\ 61 Fed. Reg. 65,132 (1996) (to be codified at 28 C.F.R. 31).
    \45\ Id.
---------------------------------------------------------------------------
           Modified the ``sight and sound'' requirement 
        by:
                   permitting ``brief and incidental or 
                accidental'' sight or sound contact between 
                juveniles and adults in non-residential areas;
                   allowing adjudicated delinquents to 
                be placed in adult facilities upon reaching the 
                age of majority;
           Modified the ``jail removal'' requirement 
        by:
                   permitting juveniles to be held in 
                adult jails or lockups for 6 hours before or 
                after a court appearance;
                   permitting nonresidential spaces of 
                collocated adult and juvenile facilities to be 
                shared;
           Modified the ``deinstitutionalization of 
        status offenders'' requirement by permitting status 
        offenders to be held in a secure juvenile detention 
        facility for 24 hours prior to and following an initial 
        court appearance.
           Clarified that the compliance with the 
        ``disproportionate minority confinement'' did not 
        require use of numerical standards or quotas.
    All of these regulatory modifications were incorporated 
into the administration's Anti-Gang and Youth Violence Act of 
1997, introduced by Senators Leahy and Biden as S. 362. In 
addition, like the bipartisan bill approved by the Committee in 
1996, S. 362 eliminated the prohibition on using shared staff 
in co-located facilities and extended the jail removal 
exception to permit longer detention in adult jails for 
juveniles in rural areas--two improvements that could not be 
made by regulation, but instead required new statutory 
language.

   C. S. 10 Unwisely Weakens the ``Core Protections'' That Maintain 
Separation Between Juvenile and Adult Offenders, Keep Juveniles Out of 
  Adult Jails, and Direct Prevention Efforts Toward Reducing Minority 
                              Confinement

    Despite the Committee's unanimous endorsement of revisions 
to the core requirements in September 1996, and the significant 
administrative reforms taken by OJJDP in December 1996, on the 
first day of the 105th Congress, Senator Hatch introduced S. 
10, which proposed to weaken the requirement to separate 
juveniles and adults in custody and totally repeal the three 
other core requirements. In contrast, H.R. 1818--the bipartisan 
reauthorization bill which the House passed by a 413-14 vote on 
July 15, 1997--retains all four core requirements.

(1) Separation of Juveniles and Adults

    The only ``core'' protection S. 10 provided for juveniles 
in custody was to prohibit ``regular, sustained physical 
contact'' between juvenile and adult inmates, a substantial 
weakening of the current ``sight and sound'' separation 
standard.
    Combined with the elimination of the status offender and 
jail removal requirement, this standard would have allowed the 
most minor offenders--such as truants, curfew violators, 
orchildren who illegally purchased cigarettes or alcohol--to be placed 
in adult jails, for indefinite time periods and have physical contact 
with adult prisoners so long as that contact was not both ``regular'' 
and ``sustained.'' As Mark Soler, president of the Youth Law Center, 
testified, this standard ``may not even stop a pattern of placement of 
children in the same cellblock as adult inmates, if they are put in 
different cells.'' 46 Indeed, this standard would not have 
even prohibited actual physical contact between juveniles and adults--
for example, in recreation or visiting areas--so long as it did not 
occur regularly and the contact was not for a prolonged 
duration.47 Sound contact between adults and minor juvenile 
offenders would also have been permitted.
---------------------------------------------------------------------------
    \46\ ``Fixing A Broken System: A Review of the OJJDP Mandates,'' 
hearing before the Subcommittee on Youth Violence of the Senate 
Committee on the Judiciary, 105th Cong., 1st sess. (1997) (testimony of 
Mark Soler).
    \47\ Id.
---------------------------------------------------------------------------
    The chairman's mark wisely rejected the inadequate 
``regular, sustained physical contact'' standard, but even so 
the bill would still permit both physical and sound contact 
between juvenile and adult offenders.
    The majority's contention that its new standard ``strictly 
prohibits physical contact between juveniles and adults'' is 
unfortunately incorrect. Instead, the bill only protects 
against physical contact ``that provides an opportunity for an 
inmate to harm a juvenile'' and explicitly permits ``indirect, 
intermittent, or incidental contact.'' 48 This 
tortured terminology would appear to permit juveniles and 
adults to be in common areas together so long as a guard is 
present to prevent physical abuse. Indeed, the majority admits 
as much, stating that ``occasional violations in booking areas 
* * * are not necessarily harmful to juveniles.'' The new 
standard would also permit juveniles and adults to be placed in 
adjacent cells where an adult could touch, but not harm, a 
juvenile. The exemption for ``intermittent'' contact is also 
exceptional. It would allow an adult to touch a juvenile every 
day, so long as the touching occurs only for a short period of 
time. Apparently, the majority would like to have it both 
ways--claiming that they are protecting juveniles in custody, 
while at the same time leaving gaping holes in law. If the 
majority truly wished to prohibit all physical contact between 
juveniles and adults, it would adopt the standard in the bill 
for juveniles detained in the Federal system, which prohibits 
``any physical contact between juvenile and adult inmates in 
custody.''
---------------------------------------------------------------------------
    \48\ S. 10, section 301 (defining ``prohibited physical contact'' 
in section 103(11) of amended JJDPA).
---------------------------------------------------------------------------
    The Committee bill also greatly weakens current protections 
by only outlawing ``sustained oral communication.'' Under this 
standard, complete sound contact between adults and juveniles 
is permitted for 72 hours, which would allow juveniles to be 
taunted, harassed, and threatened by aggressive adult offenders 
for 3 days. After 3 days, juveniles and adults may still be in 
sound communication, so long as ``oral threats'' that can be 
``easily heard'' are not permitted. This level of contact would 
allow for juveniles and adults to be placed in adjacent cells, 
where they could have unlimited conversations about crime and 
other deviant behavior and would do nothing to prohibit adults 
from encouraging juveniles to commit suicide. Both the physical 
and sound separation requirements of S. 10 are wholly 
inadequate.
    Maintaining complete separation between juveniles and adult 
offenders is imperative. Unfortunately, we know from experience 
what happens when adults are permitted any contact with 
juveniles--violence. Just over a year ago, six adult inmates 
gained entry to the juvenile cellblock of an Ohio prison. The 
result: Damico Watkins, age 17, was stabbed to death after 
receiving 79 knife wounds, 27 to the head.49
---------------------------------------------------------------------------
    \49\ Kristen Delguzzi, ``Prison Security Went Awry; Youth Killed 
When Adults Entered Cellblock,'' Cincinnati Enquirer, Apr. 30, 1996, p. 
B1.
---------------------------------------------------------------------------
    We cannot comprehend why the majority is insistent on 
rolling back a law that has worked for almost a quarter century 
and virtually eliminated contact between juvenile and adult 
inmates in the United States.50 Separating juveniles 
and adults--a well-established norm of international law 
51--should be a noncontroversial, accepted principle 
of our criminal justice system. We are not aware of any 
criminal justice groups or professional organizations 
advocating a reversion to the 1970's practice of permitting 
contact between juvenile and adult offenders. To be sure, 
sheriffs and other local officials have called for 
modifications in the current ``sight and sound'' requirement to 
permit use of shared staff and allow for some ``incidental'' 
contact between juveniles and adults. But that problem can be 
easily remedied (as it was in last year's S. 1952) without 
gutting the entire separation standard.
---------------------------------------------------------------------------
    \50\ The number of violations of the sight and sound requirement 
has been reduced by almost 99 percent since data began kept. Office of 
Juvenile Justice and Delinquency Prevention, U.S. Department of 
Justice, ``1995 Compliance Monitoring Summary,'' p. 9 (1997). Fifty-
five of the fifty-seven States and other jurisdictions covered by the 
Act are in compliance with current requirements. Id., p. 3.
    \51\ The International Covenant on Civil and Political Rights--
ratified by the Senate on Apr. 2, 1992--explicitly provides that 
``[j]uvenile offenders shall be segregated from adults.'' International 
Covenant on Civil and Political Rights, Art. 10(3), opened for 
signature Dec. 16, 1966, S. Exec. Doc. E, 95-2 (1977), 999 U.N.T.S. 
171. The Convention on the Rights of the Child, signed by the United 
States and ratified by 169 other countries, requires that ``every child 
deprived of liberty shall be separated from adults unless it is 
considered in the child's best interest not to do so.'' Convention on 
the Rights of the Child, Art. 37(c), opened for signature Jan. 26, 
1990, 28 I.L.M. 1448 (entered into force Sept. 2, 1990). Two 
unanimously endorsed United Nations resolutions also require complete 
separation of juvenile and adult offenders. United Nations Standard 
Minimum Rules for the Administration of Juvenile Justice, G.A. Res 33, 
U.N. GAOR, 40th sess., 96th plen. mtg., Annex, pt. 1, rule 13.4, U.N. 
Doc. A/Res/40/33 (1985) (requiring detention of juveniles ``in a 
separate institution or in a separate part of an institution also 
holding adults''); United Nations Rules for the Protection of Juveniles 
Deprived of their Liberty, G.A. Res 113, U.N. GAOR, 45th sess., 68th 
plen. mtg., Annex, 29, U.N. Doc. A/Res/45/113 (1990) (providing that 
``in all detention facilities, juveniles should be separated from 
adults, unless they are members of the same family'').
---------------------------------------------------------------------------
    Indeed, the Committee has tacitly acknowledged that 
complete physical and sound separation of juveniles and adults 
is the appropriate policy by unanimously endorsing Senator 
Biden's amendment concerning separation of juveniles and adults 
in the Federal criminal system. The Biden amendment revised the 
bill's separation standard for Federal juvenile detainees by 
providing that there should be:
         (1) no physical contact between juveniles and adults 
        in custody;
         (2) no physical proximity between juveniles and adults 
        that could provide an opportunity for physical contact; 
        and
         (3) no speech between juveniles and adults.
Exceptions were included to permit guards to accompany 
juveniles through a facility even though there may be 
``incidental'' contact with adult offenders and to allow 
detention of juveniles in cells where they may be able to hear 
unintelligible noises from adult offenders. The Justice 
Department stated that the Biden amendment was consistent with 
its current practices and compliance with it would impose no 
additional costs on the Federal Government.52
---------------------------------------------------------------------------
    \52\ Letter from Andrew Fois, Assistant Attorney General, to 
Senator Joseph Biden (July 27, 1997).
---------------------------------------------------------------------------
    Since the Committee must believe it is bad policy to give 
hardened adult criminals the opportunity to influence and 
corrupt juvenile delinquents (otherwise it would not have 
approved the Biden amendment for Federal juvenile detainees), 
the Committee should have extended the same protections to the 
thousands of juveniles in State custody. This mistake ought to 
be corrected when S. 10 is considered by the full Senate.

(2) Jail Removal

    S. 10 as reported by the Committee would repeal the ``jail 
removal'' requirement added to the Act in 1980, thereby 
permitting participating States to house juveniles in adult 
jails and lockups indefinitely.
    Repeal of this ``core protection'' would represent a 
substantial step backwards in our efforts to improve the safety 
of the criminal justice system for children. Unfortunately, we 
know from experience what happens when juveniles are placed in 
adult jails--suicides, rapes, and violence. At best, we can 
expect that juveniles who spend time in adult jails and lockups 
to be more dangerous, more likely to commit additional crimes, 
and less able to return to the community when they leave the 
adult facility than when they went in.
    Even if juveniles are separated from adults, adult jails 
and lockups are no place for children. The reasons are readily 
apparent. Adult jails have no educational programs for 
juveniles, no health and mental health screening geared to 
juveniles, no ability to separate violent from nonviolent 
juveniles, and no recreational or exercise programs for 
juveniles. For the most part, juveniles held in adult jails 
spend all day sitting in their cells. The jailers have no 
training in the special needs of children. Detention under 
these circumstances will not ``reform'' juvenile offenders; it 
will only make them worse. Research bears this out. Studies 
over the past 15 years have all come to the same conclusion 
that juveniles in the adult system have a significantly worse 
recidivism rates than those tried for the same offense in 
juvenile courts. 53 And we ought to keep in mind 
that the vast majority of juvenile delinquents taken into 
custody will be back on the streets after a short period of 
time.
---------------------------------------------------------------------------
    G553 National Coalition of State Juvenile Justice Advisory Groups, 
``Myths and Realities: Meeting the Challenge of Serious, Violent, and 
Chronic Juvenile Offenders'' 27 (1993) (citing studies by Snyder & 
Hutzler, 1981; White, 1985, and Fagan, 1991); Donna M. Bishop, Charles 
E. Frazier, et al., ``The Transfer of Juveniles to Criminal Court: Does 
It Make a Difference?'', 42 Crime & Delinquency 171 (1996).
---------------------------------------------------------------------------
    It also cannot be ignored that adult jails are breeding 
grounds for juvenile suicides. As a landmark Justice Department 
study in 1980 showed, juveniles are almost eight times more 
likely to commit suicide in adult jails than juvenile detention 
facilities. 54 A witness testifying before the Youth 
Violence Subcommittee aptly described why this is so:
---------------------------------------------------------------------------
    \54\ Michael Flaherty, ``An Assessment of the National Incidence of 
Juvenile Suicide in Adult Jails, Lockups, and Juvenile Detention 
Centers,'' U.S. Department of Justice, pp. 5, 9 (1980).

         Children who get arrested often feel like their world 
        is ending--they are humiliated, their parents are 
        angry. If they have been using alcohol or drugs, these 
        feelings are exacerbated. If they are put in a room at 
        the end of a hallway, as they often are * * * then 
        depression and isolation feed on each other, they feel 
        like life is no longer worth living, and they seek to 
        end it. 55
---------------------------------------------------------------------------
    \55\ ``Fixing A Broken System: A Review of the OJJDP Mandates,'' 
hearing before the Subcommittee on Youth Violence of the Senate 
Committee on the Judiciary, 105th Cong., 1st sess. (1997) (testimony of 
Mark Soler).

    Putting aside the risk of suicide, adult jails are 
dangerous for juveniles. A 1990 study demonstrated that 
juveniles in adult institutions are five times more likely to 
be sexually assaulted, twice as likely to be beaten by staff, 
and 50 percent more likely to be attacked witha weapon than 
young people in juvenile facilities.56 Unfortunately, we 
know this is true from the experience in Kentucky, one of the two 
States that has chosen to decline Federal funds rather than comply with 
the jail removal requirement. Over a 13-year period, there were four 
suicides, one attempted suicide, one accidental death, three sexual 
assaults, and two other assaults involving juveniles in Kentucky's 
adult jails.57 Nine of these incidents involved status 
offenders--truants, runaways, and incorrigible youth--placed in jail 
even though they would not have been considered criminals if they were 
adults.58
---------------------------------------------------------------------------
    \56\ Forst, Fagan, and Vivona, ``Youth In Prisons and Training 
Schools: Perceptions and Consequences of the Treatment-Custody 
Dichotomy'', 1989 Juvenile and Family Court Journal, p. 9.
    \57\ Kentucky Youth Advocates, ``Violent Incidents Against 
Juveniles in Kentucky Adult Jails'' (1974-1992).
    \58\ Id.
---------------------------------------------------------------------------
    Behind these and other avoidable tragedies are names and 
faces of children and families:
          Robbie Horn, age 15, was repeatedly ordered into 
        adult jail for truancy and running away from home. On 
        one occasion, he was paraded through the jail in front 
        of adult inmates who called out to him for sex. After 
        getting into an argument with his mother, a juvenile 
        court judge ordered him back to the jail. Although he 
        was visibly upset, he was left unsupervised in his 
        cell. Within half an hour, he had hung 
        himself.59
---------------------------------------------------------------------------
    \59\ ``Inquiry into the Continued Detention of Juveniles in Adult 
Jails and Lock-ups,'' hearing before the Subcommittee on Juvenile 
Justice of the Senate Committee on the Judiciary, 98th Cong., 1st 
sess., pp. 255-57 (Feb. 24, 1973) (statement of Rita Horn, Greg Horn); 
Press Release, statement of Rita Horn, June 2, 1997.
---------------------------------------------------------------------------
          Kathy Robbins, age 15, was arrested and placed in an 
        adult jail for being out in the town square after 10 on 
        a Saturday night. She was kept in jail for a week, in a 
        room isolated from everyone else in the jail. She hung 
        herself.60
---------------------------------------------------------------------------
    \60\ Hurst, ``Governor OKs Limits on Juveniles in Adult Jails,'' 
Los Angeles Times, Sept. 30, 1986, at 1; ``Fixing A Broken System: A 
Review of the OJJDP Mandates,'' hearing before the Subcommittee on 
Youth Violence of the Senate Committee on the Judiciary, 105th Cong., 
1st sess. (1997) (testimony of Mark Soler).
---------------------------------------------------------------------------
          Christopher Peterman, age 17, was placed in jail for 
        failing to pay $73 in traffic fines. Over a 14-hour 
        period he was tortured and finally murdered by other 
        prisoners in his cell. Staff in the adult jail did not 
        monitor the juvenile cell regularly and were unaware of 
        these assaults.61
---------------------------------------------------------------------------
    \61\ ``Fixing A Broken System: A Review of the OJJDP Mandates,'' 
hearing before the Subcommittee on Youth Violence of the Senate 
Committee on the Judiciary, 105th Cong., 1st sess. (1997) (testimony of 
Mark Soler).
---------------------------------------------------------------------------
          Deborah Doe, age 15, ran away from home and returned 
        voluntarily, but was placed in an adult jail in Ohio by 
        a judge ``to teach her a lesson.'' After 4 nights in 
        confinement, she was sexually assaulted by a deputy 
        county jailer. Five hundred status offenders had been 
        placed in the adult jail over the previous 3 
        years.62
---------------------------------------------------------------------------
    \62\ Id.
---------------------------------------------------------------------------
          Jane Doe, age 17, was detained within sight and sound 
        contact of adults for stealing a bottle of shampoo. She 
        had a history of mental health problems but the jail 
        staff did not pick that up. She hung 
        herself.63
---------------------------------------------------------------------------
    \63\ Id.
---------------------------------------------------------------------------
    As more juveniles are tried as adults and restrictions are 
lifted on placing juveniles in adult jails, both of which are 
encouraged by S. 10, this list of tragedies will continue to 
grow.
    Instead of repealing the jail removal requirement, we 
believe current law should be modified to provide greater 
flexibility. A case has been made that totally prohibiting the 
placement of juveniles in adult jails may interfere with law 
enforcement efforts in rural communities where there are no 
dedicated juvenile facilities nearby. We do not believe that a 
police officer should ever feel restrained from arresting a 
violent juvenile because there is no place to put the offender. 
In circumstances where no juvenile facility is readily 
available, law enforcement authorities ought to be able to 
place juveniles in adult jails for up to 72 hours, so long as 
the juvenile is provided physical and sound separation from 
adult offenders during that period. Three days ought to be 
sufficient time for the juvenile to attend an arraignment or 
other court proceeding and be appropriately placed in a 
juvenile facility.
    Claiming that a 72-hour time limit would lead to the 
release of juvenile offenders who should be incarcerated is 
simply not a valid argument. First of all, there is absolutely 
no empirical evidence that violent juveniles are being 
immediately released due to the jail removal requirement and we 
doubt that they are, since even under current Federal law, 
juveniles may be detained in an adult facility for up to 48 
hours in many rural areas (where most of the complaints about 
the jail removal requirement originate). If offenders are being 
released, however, we should be focusing our attention on why 
States are failing to fulfill their responsibility to provide 
detention space for juvenile offenders, a purpose for which 
they have received millions of dollars, under the Act and other 
Federal assistance programs.64 Indeed, S. 10 
authorizes additional funding for this purpose--at least $175 
million each year. States that have neglected this 
responsibility over the past decades should not now point to 
the requirement to keep juveniles out of adult jails, which 
represents universally accepted corrections policy, as the 
cause of their systematic difficulties. Placing juveniles in 
adult jails is a short-term solution that will exacerbate the 
long-term problem, because juveniles who spend substantial time 
in adult facilities will be more likely to commit additional 
crimes and require future detention. We cannot condone a 
``solution'' that will simply make our crime problem worse.
---------------------------------------------------------------------------
    \64\ Complaints are often heard of the shortage of juvenile 
detention space, but remarkably, only a handful of States have used any 
portion of their prison grant funding under the 1994 Crime Law for 
juvenile facilities, even though they have the option to do so. Violent 
Crime Control and Law Enforcement Act of 1994, Public Law 103-322, 
section 20105(c), 108 Stat. 1796.
---------------------------------------------------------------------------
    There are better ways to deal with this problem. After a 
horrific incident where a child died in an Indiana jail, 
Governor Evan Bayh issued an executive order prohibiting the 
placement of juveniles in adult jails.65 Since then, 
Indiana has taken advantage of the technical assistance 
available from OJJDP and has made constructive changes that 
have brought Indiana into compliance with the jail removal 
requirement.66 We should be encouraging States to 
follow this course of action instead of giving them the green 
light to adopt terrible corrections practices that we know will 
cause more harm than good.
---------------------------------------------------------------------------
    \65\ ``Fixing A Broken System: A Review of the OJJDP Mandates,'' 
hearing before the Subcommittee on Youth Violence of the Senate 
Committee on the Judiciary, 105th Cong., 1st sess. (1997) (testimony of 
Mark Soler).
    \66\ Indiana led the Nation in incidents of contact between 
juvenile and adult offenders when it entered the formula grant program, 
but had no violations of the ``sight and sound'' separation requirement 
in 1995. Similarly, it has reduced the number of juveniles housed in 
adult jails from 12,608 (second in the Nation) to 52 in 1995. Office of 
Juvenile Justice and Delinquency Prevention, U.S. Department of 
Justice, ``1995 Compliance Monitoring Summary'' (1997).
---------------------------------------------------------------------------

(3) Deinstitutionalization of Status Offenders

    The Act has prohibited the incarceration of status 
offenders based on the premise that putting truants and 
runaways in jail will do nothing to solve the problems that led 
to their inappropriate conduct, which is oftentimes symptomatic 
of severe problems at home, including child abuse and neglect. 
Over the past two decades, States and localities have been 
creating alternative facilities for dealing with status 
offenders (such as runaway shelters) which provide more 
effective treatment for the juveniles and save scarce prison 
resources for violent and serious offenders.
    We are aware of no evidence that these principles do not 
hold true today. Placing very minor offenders in jail--where 
they may have contact with adult prisoners--will aggravate, not 
solve the problems that lead them to cut classes or run away 
from home. Prison space ought to be used for juveniles that 
have engaged in criminal conduct and must be both punished and 
segregated from the community, not children that present no 
public safety threat and can still be saved through proper 
intervention.
    Although the chairman's mark represented an improvement 
over S. 10's total repeal of current law, it still would have 
reversed two decades of progress in keeping status offenders 
out of jails. Under the chairman's mark, States would have been 
permitted to incarcerate status offenders (even in an adult 
jail) for at least 10 days and, if the offender had received an 
official court warning or his or her conduct represented a 
danger to public safety, to incarcerate them indefinitely. The 
chairman's mark provided no protections for abused and 
neglected children or alien juveniles in custody.
    The Biden-Grassley amendment adopted by unanimous consent 
represented a substantial improvement over this standard. 
First, the amendment restores the prohibition on incarcerating 
abused and neglected children and alien juveniles. Second, the 
amendment requires that status offenders be removed from adult 
jails and receive a hearing before a juvenile judge within 24 
hours after being taken into custody. Third, a status offender 
may only be held in secure detention following a hearing if a 
juvenile judge issues explicit written findings explaining why 
the incarceration is necessary and other types of sanctions, 
interventions or placements would be inadequate. With respect 
to runaways, offenders may be held for up to 2 weeks if their 
conduct constitutes a ``clear and present danger'' to their 
safety, secure detention is necessary to protect the offender, 
and secure detention is used only until a suitable alternative 
placement is available. Other status offenders may only be held 
for a maximum of 3 days.
    Although this amendment does not cure all the defects of S. 
10, it upholds the principle that incarceration is not the 
preferred means for dealing with status offenders and should be 
employed as infrequently as possible. Runaways are permitted to 
be detained for an extended period only when no alternative 
placements are available and the court needs time to evaluate 
the child. This amendment does not endorse the use of ``shock 
incarceration'' for status offenders. In all cases, the 
juvenile judge must explain why alternative sanctions and 
interventions will not be effective in deterring and curbing 
the inappropriate conduct of the juvenile. While we are not 
convinced that current law needs to be revised to the extent of 
the Biden-Grassley amendment, it is a marked improvement over 
S. 10.

(4) Disproportionate Minority Confinement

    We also disagree with the Committee's decision to eliminate 
the requirement to study and direct prevention efforts toward 
reducing the disproportionate number of minority youth in the 
juvenile justice system.
    The results of studies conducted in response to the 1992 
amendments to the Act have demonstrated a very clear and 
disturbing pattern of minority youth entering the juvenile 
justice system at a rate far greater than their proportion of 
the population. Although African-American youth represent only 
15 percent of the juvenile population, they represent 27 
percent of the juveniles arrested and 43 percent of the 
juveniles incarcerated in public facilities.67 The 
bottom line--an African-American youth is twice as likely to be 
arrested and seven times as likely to be placed in jail than a 
white youth.68 Indeed, 46 of the 55 States and 
territories that have completed studies required by the Act 
have identified a problem with disproportionate minority 
confinement.69
---------------------------------------------------------------------------
    \67\  Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' pp. 17, 
42.
    \68\  See supra, note 34.
    \69\  Office of Juvenile Justice and Delinquency Prevention, ``1995 
Compliance Monitoring Summary,'' p. 9 (1997).
---------------------------------------------------------------------------
    In light of this substantial evidence, plain common sense 
dictates that prevention efforts should be targeted at reducing 
the number of minority youth that come into contact with the 
juvenile justice system. We believe that such efforts should 
continue to be made to address what, in essence, amounts to a 
crisis in many of our minority communities across the country. 
Therefore, we support the inclusion of a requirement--identical 
to the language in H.R. 1818, which passed the House of 
Representatives by an overwhelming margin--that States target 
their juvenile delinquency prevention efforts toward reducing 
the disproportionate number of minority youth who come into 
contact with the juvenile justice system.
    This requirement would explicitly preclude the use of 
numerical quotas for arrests or the release of any juvenile 
from custody based on race. Indeed, we strongly disagree with 
the majority's suggestion that the Act presently calls for 
racial quotas on arrests or number of inmates. The point of the 
minority confinement requirement is not to brand any criminal 
justice officials as being ``racist'' or to impose a racial 
balance within our juvenile justice system. Yet, we do believe 
it is appropriate to acknowledge a serious problem--which 
undeniably has a racial component--and encourage States to 
takes steps to take action. Turning a blind eye to the reality 
of this problem, as the majority recommends, would be extremely 
counterproductive.
    The majority's so-called ``color-blind'' proposal to 
distribute funds to localities based on the juvenile crime rate 
will do nothing to address the crisis in many of our minority 
communities. First, there is no binding requirement to 
distribute funds in this manner, Governors are only instructed 
to do so ``to the extent feasible.'' More importantly, however, 
since formula grant funds under S. 10 may be used to implement 
sanctions programs and other punitive measures, there is no 
guarantee that any of the funding under the majority proposal 
will be directed toward reducing the number of minority youth 
who end up behind bars at a very young age.
    Little need be said about the majority's ``concerns'' over 
the constitutionality of the minority confinement requirement. 
We are quite confident that when 46 States and territories have 
identified a problem with disproportionate minority confinement 
and the evidence shows that African-American youth are twice as 
likely to be arrested and seven times as likely to be 
incarcerated as their white counterparts, our Constitution does 
not prohibit the use of Federal funds to reduce the number of 
minority youth that end up in jail.

  d. s. 10's limited restoration of the role of state advisory groups 
                         does not go far enough

    S. 10, as originally drafted, abolished the role of State 
Advisory Groups (SAG's), which have served an essential role in 
the juvenile justice system for over 20 years. The Committee 
adopted an amendment by Senator Leahy to ensure that these 
important advisory groups continue to be consulted regarding 
State plans for complying with the four core protections and 
developing plans for addressing juvenile crime and delinquency. 
As a result, the SAG's, consisting of juvenile justice experts 
selected by their State Governors, will continue to make 
recommendations to Governors and State legislatures on juvenile 
crime and delinquency control measures. Yet, the bill continues 
to place unwarranted limitations on the role of these important 
advisory groups.
    Since 1974, Congress has recognized the importance of 
ensuring that these dedicated citizen advisors are able to 
provide input on the implementation of juvenile justice reforms 
and delinquency prevention programs on the State and local 
level. As Senator Murkowski observed in a letter urging support 
for Senator Leahy's amendment, ``SAGs are one of the best and 
most cost-effective mechanisms to combat juvenile crime.'' 
These experts on juvenile crime and prevention have the local 
knowledge, the experience and the commitment to ensure that 
Federal grant moneys are well spent. They have also often been 
successful at helping to combine Federal funds with State or 
private funding to maximize the impact of this Federal funding.
    Senator Leahy's amendment streamlines the existing 
requirements for SAG's. In particular, based upon the 
recommendations of the Coalition for Juvenile Justice, a 
national coalition of SAG's, the amendment adopted by the 
Committee provides flexibility to the States by requiring only 
that representatives with experience in broad categories of 
juvenile justice issues from both the public and private sector 
are included in the SAG's. The advisory groups must include 
individuals with experience in juvenile delinquency prevention, 
the prosecution and treatment of juvenile offenders, the 
investigation of juvenile crimes and the administration of 
juvenile justice programs. As amended, S. 10 does not mandate a 
minimum or maximum number of representatives to the SAGS. But, 
no advisory group member should represent more than one of the 
enumerated areas of interest.
    Preservation of the SAG's in S. 10 through the adoption of 
Senator Leahy's amendment improved the majority's bill. 
Nevertheless, the limitations on their role continues to cause 
concern. First, under current law, SAG's are afforded the 
opportunity to review and comment on the award of any formula 
grant funds to States under the Juvenile Justice and 
Delinquency Prevention Act. This provision makes sense because 
it allows this group of experts to provide input on how this 
money can best be spent. SAG's are well situated to ensure that 
juvenile prevention and prosecution funding and programs are 
well coordinated, a key goal of this bill. Second, S. 10 lacks 
a firm commitment that States provide funding to SAG's to 
ensure thesegroups can function effectively. These flaws need 
to be corrected.

 IV. S. 10 Will Not Curb Juvenile Crime Because it Provides Inadequate 
 Support for Afterschool Prevention Programs That Provide Alternatives 
                       to Crime for At-Risk Youth

    The proponents of S. 10 say the choice is ``Law Enforcement 
versus Prevention.'' Police officers and prosecutors strongly 
disagree, and recognize instead that aggressive prevention is 
essential to effective law enforcement. In a recent survey of 
780 police chiefs by Northeastern University, including all 
chiefs from cities with populations over 100,000, 9 out of 10 
police chiefs agreed that ``if America does not pay for greater 
investments in programs to help children and youth now, we will 
all pay far more later in crime, welfare, and other 
costs.''\70\ When asked to rank the long-term effectiveness of 
a number of a possible crime fighting approaches, police chiefs 
picked ``increasing investment in programs that help all 
children and youth get a good start'' as ``most effective'' 
nearly four times as often as ``trying more juveniles as 
adults.''\71\
---------------------------------------------------------------------------
    \70\ McDevitt, ``Police Chiefs Say More Government Investments In 
Kids Are Key to Fighting Crime,'' Fight Crime, Invest in Kids, table 
2(A) (July 1996).
    \71\ Id., at table 4(A).
---------------------------------------------------------------------------
    Boston has become a national model of effective juvenile 
crime control, and prevention programs have been a vital 
component in Boston's success. As noted earlier, not a single 
juvenile has been killed with a firearm in Boston since July 
1995. The juvenile arrest rate for firearms-related assaults 
declined 60 percent in 1996 alone, and has declined 81 percent 
from 1993 to 1996. The overall homicide rate in Boston dropped 
36 percent in 1996, and has dropped an additional 33 percent so 
far in 1997.\72\
---------------------------------------------------------------------------
    \72\ 1997 Crime Statistics, Boston Police Department.
---------------------------------------------------------------------------
    Innovative enforcement initiatives, aggressive efforts to 
keep guns out of the hands of juveniles, and strong emphasis on 
prevention have been the keys to success in Boston. Boston 
Police Commissioner Paul Evans, the architect of this 
successful strategy, is perhaps the most enthusiastic advocate 
for prevention programs in Boston.
    Afterschool prevention programs are a particularly vital 
element of the success story in Boston and elsewhere. Studies 
show that almost half of violent juvenile crime is committed 
during after-school hours.\73\ A similar percentage of unwanted 
teen pregnancies are conceived during this same period. A 
recent study on juvenile crime correctly noted that ``when the 
school bell rings, leaving millions of young people without 
responsible adult supervision or constructive activities, 
juvenile crime suddenly triples and prime time for juvenile 
crime begins.''\74\ Community afterschool programs provide safe 
havens for at-risk youth and demonstrate that there are 
appealing and realistic alternatives to gang membership.
---------------------------------------------------------------------------
    \73\ Fox and Newman, ``Tuning In to the Prime Time for Violent 
Juvenile Crime and Implications for National Policy,'' p. 3 (1997).
    \74\ Id., p. 1.
---------------------------------------------------------------------------
    Boys and Girls Clubs are important participants in 
prevention programs, but many other organizations are also 
heavily involved. For example, in Boston, churches have 
sponsored ``Adopt a Gang'' programs where inner city churches 
serve as drop-in centers providing safe havens for at-risk 
youth. Social service agencies, private nonprofit 
organizations, and the Boston Police Department itself have 
been involved in a variety of successful prevention 
initiatives.
    Boston has debunked the myth that prevention programs do 
not work. The contention in the majority report that ``we know 
little more of what is effective today than we knew two decades 
ago'' simply ignores the overwhelming evidence regarding the 
efficacy of crime prevention initiatives. Research has 
demonstrated risk factors for delinquency include the lack of 
positive role models; unavailability of constructive 
afterschool activities; drug availability and favorable 
attitudes toward drug use; school failure; and dysfunctional 
families. Prevention programs that successfully address one or 
more of these risk factors for children also reduce the 
likelihood that they will become delinquent. Studies have 
established the effectiveness of many such programs.
     A study of the Big Brothers/Big Sisters mentoring 
program showed that mentees were 46 percent less likely to 
initiate drug use, 27 percent less likely to initiate alcohol 
use, 33 percent less likely to commit assault, and skipped 50 
percent fewer days of school.\75\
---------------------------------------------------------------------------
    \75\ Tierney, Baldwin-Grossman, and Resch, ``Making a Difference: 
An Impact Study of Big Brothers/Big Sisters,'' Public/Private Ventures, 
pp. 33-50 (November 1995).
---------------------------------------------------------------------------
     A Columbia University study of low income housing 
developments in which Boys and Girls Clubs had been established 
showed that drug activity was 22 percent lower, and juvenile 
arrests were 13 percent lower than in similar developments 
without a Club.\76\
---------------------------------------------------------------------------
    \76\ Schinke, Orlandi, and Cole, ``Boys & Girls Clubs in Public 
Housing Developments: Prevention Services for Youth at Risk,'' Journal 
of Community Psychology, OSAP Special Issue (1992).
---------------------------------------------------------------------------
     Senator Herb Kohl, former Chair of the Juvenile 
Justice Subcommittee, identified 25 successful prevention 
programs, including programs involving mentoring, counseling, 
coordinated citizen and police action, alternative activities 
for at-risk youth, intervention, early education and day care 
assistance.\77\
---------------------------------------------------------------------------
    \77\ Senator Herb Kohl, ``Promises Made, Promises Broken: The 
Failure to Fund Prevention Programs That Work,'' pp. 26-45 (September 
1996).
---------------------------------------------------------------------------
     A recent University of Wisconsin study of 64 
afterschool programs found that participating children became 
better students and developed improved conflict resolution 
skills; in addition, vandalism decreased at one-third of the 
schools that participated in the programs.\78\
---------------------------------------------------------------------------
    \78\ Riley, Steinberg, et al., ``Preventing Problem Behavior and 
Raising Academic Performance In the Nation's Youth: The Impact of 64 
School Age Child Care Programs In 15 States Supported By the 
Cooperative Extension Service Youth-At-Risk Initiative,'' University of 
Wisconsin (1994).
---------------------------------------------------------------------------
     The Center for the Study and Prevention of 
Violence at the University of Colorado has identified 13 
prevention programs that have proven effective in combating 
youth violence and curbing youth drug use, including a number 
of afterschool programs that provide alternatives to gang 
activity for scores of at-risk youth.\79\
---------------------------------------------------------------------------
    \79\ Center for the Study and Prevention of Violence, University of 
Colorado, ``What Works, Strategies for the Prevention of Violence, 
Crime, and Drug Abuse'' (1997).
---------------------------------------------------------------------------
     A recent RAND study demonstrated that graduation 
incentive programs would result in a reduction of 250 crimes 
for every million dollars invested. Arrests for students who 
participated in the graduation incentive program were 70 
percent lower than non-participants. It also found that crime 
prevention efforts were three times more cost-effective than 
increased punishment.\80\
---------------------------------------------------------------------------
    \80\ Greenwood, Model, et al., ``Diverting Children From a Life of 
Crime: Measuring Costs and Benefits,'' Santa Monica: RAND Corporation, 
1996.
---------------------------------------------------------------------------
     A study of afterschool programs targeted at low 
income children demonstrated that the participants developed 
better interpersonal skills, had better grades, watched less 
television, and spent more time in academic or academic 
enriching activities.\81\
---------------------------------------------------------------------------
    \81\ Posner, and Vandell, ``Low-income Children's After-School 
Care: Are There Beneficial Effects of After-School Programs?'' Child 
Development 65, pp. 440-456 (1994).
---------------------------------------------------------------------------
     Public/Private Ventures concluded that 
``increasing opportunities youth have to become involved with 
organizations such as the YMCA is an investment with potential 
valuable returns for their healthy development.'' \82\
---------------------------------------------------------------------------
    \82\ Public/Private Ventures, ``Study of Nationally Affiliated 
Voluntary Youth Serving Organizations'' (July 31, 1996).
---------------------------------------------------------------------------
     Studies of a number of community recreation 
programs demonstrated that the services are a worthwhile 
investment that yielded dramatic results; for instance, 
Cincinnati, Ohio's violence prevention education, social and 
recreation programs resulted in a 24-percent drop in crime. A 
similar gang reduction program in Fort Worth, TX, resulted in a 
26-percent reduction in gang-related crime.\83\
---------------------------------------------------------------------------
    \83\ National Recreation and Park Association, ``Beyond Fun and 
Games: Emerging Roles of Public Recreation,'' pp. 15, 31 (October 
1994).
---------------------------------------------------------------------------
     A study of a 32-month afterschool recreation 
program in a Canadian housing project found that crime dropped 
75 percent in the project that participated in the program, 
while crime jumped 67 percent in the project that did not have 
the program.\84\
---------------------------------------------------------------------------
    \84\ Jones, and Offord, ``Reduction of Anti-social Behavior in Poor 
Children by Nonschool Skill-Development,'' Journal of Child Psychology 
and Psychiatry and Allied Disciplines 30, pp. 737-750 (1989).
---------------------------------------------------------------------------
    These studies belie the notion that we do not have a proper 
handle on what prevention programs work. Perpetuating this myth 
provides a convenient excuse for the refusal to fund prevention 
programs in an adequate fashion. We must continue to evaluate 
carefully the effectiveness of prevention programs to ensure 
that Federal dollars are spent wisely. Indeed, we applaud the 
majority's efforts to provide $50 million to the National 
Institute for Juvenile Justice and Delinquency Prevention. Even 
though continued research is necessary, we should stop 
pretending that we do not know which prevention programs work, 
and we should stop using this myth as an excuse to underfund 
prevention programs.
    Regrettably, the bill reported by the Committee neither 
acknowledges that many prevention programs have been proven 
effective nor heeds the sound advice of Commissioner Evans and 
other police chiefs and prosecutors across the Nation who 
emphasize the importance of prevention. This bill pays lip 
service to prevention, but continues the disturbing trend of 
underfunding prevention. For example, the 1994 Crime Law 
authorized almost $7 billion for crime prevention, more than 20 
percent of its $30 billion in total spending over 5 years. 
However, while $11 billion has been spent during the first 3 
years under the Crime Law, only an estimated $688 million has 
gone to prevention--just one-fourth of the amount authorized 
for prevention for that time period and merely 6 percent of 
total spending under the Crime Law.\85\
---------------------------------------------------------------------------
    \85\ Boston Globe, ``Congress Quick To Approve, Slow to Spend, 
Crime Fighting Money,'' July 28, 1997.
---------------------------------------------------------------------------
    This bill continues this trend of short-changing 
prevention. As introduced, S. 10 adopted a scorched earth 
approach to prevention, and sought to drastically undermine the 
Federal Government's already inadequate commitment to 
prevention. It sought to eliminate a number of important 
prevention programs, many of which had bipartisan support and 
which together received over $680 million in 1997 alone.\86\ 
The Committee eventually agreed to restore these programs, but 
only after receiving considerable pressure from police, 
prosecutors, children's advocates and other supporters.\87\
---------------------------------------------------------------------------
    \86\ These programs include the Drug Free Schools program (under 
the Elementary and Secondary School Act), anti-drug abuse and drug 
treatment programs for gangs, runaways and homeless youth (the Anti-
Drug Abuse Act), a juvenile mentoring program (JUMP from the Juvenile 
Justice Act), gang resistance and education programs (the Gang 
Resistance Education and Training program from the 1994 Crime Act, and 
anti-gang programs in the Juvenile Justice Act), an afterschool 
activities program using school facilities (Community Schools from the 
1994 Crime Act), a matching grant program for communities to develop 
and implement their own long-range anti-delinquency plans (title V of 
the Juvenile Justice Act), and a community recreational program 
(Community Services Block Grants Act).
    \87\ For example, title V had bipartisan support in the Senate's 
fiscal year 1998 Commerce, Justice and State Appropriations bill. 
Continued support for title V in this legislation parallels the funding 
in the appropriations bill for the President's ``Anti-truancy, school 
violence and crime intervention'' program, which expands title V with a 
few minor revisions.
---------------------------------------------------------------------------
    Unfortunately, other prevention programs did not fare as 
well, and remain on the chopping block. S. 10 still repeals a 
number of prevention programs that were authorized under the 
1994 crime bill. These programs include the Model Intensive 
Crime Program, a comprehensive prevention initiative targeting 
at-risk youth from high-crime areas. The bill abolishes the 
Ounce of Prevention Council, a lean, efficient office whose 
primary responsibility is to coordinate prevention programs 
administered by various government agencies, thereby ensuring 
that scarce Federal prevention dollars are spent effectively. 
Abolishing the Ounce of Prevention Council is short-sighted.
    The majority's claims that S. 10 gives ``generous'' support 
to prevention does not survive close scrutiny. In fact, the 
bill creates over $700 million in new annual spending, but a 
mere 6 percent is dedicated to prevention, nowhere near the 
more than 20 percent promised in the 1994 crime bill. This does 
not even come close to promoting the kind of balanced juvenile 
crime strategy that police and prosecutors believe is 
necessary.
    In particular, the majority report contains the misleading 
assertion that the centerpiece of this bill, a $500 million per 
year Incentive Block Grant Program, directs $1 billion over 5 
years toward prevention. In fact, there is no guarantee that a 
single penny from this new program will go to prevention. 
Instead, the program sets other priorities. It requires States 
to spend at least 35 percent on the prosecution and 
incarceration of juvenile offenders, or construction of 
juvenile facilities, at least 15 percent on drug testing of 
juvenile offenders, and at least 10 percent on automating 
juvenile records so they are equivalent to adult records. 
Overall, then, the new program requires States to spend at 
least 60 percent on enforcement-related initiatives, but does 
not require States to spend anything to divert children from a 
life of crime. Prevention should also be a priority.
    The contention in the majority report that $1 billion from 
the Incentive Block Grant Program can be spent on prevention 
simply ignores the realities of how this program will operate. 
As noted above, 60 percent of the Incentive Block Grant program 
is earmarked for enforcement-related initiatives. As for the 
remaining 40 percent, prevention is only one of a host of 
allowable uses, including construction of juvenile detention 
facilities, hiring of juvenile prosecutors and juvenile 
corrections officers, drug testing of juvenile offenders, and 
automation of juvenile records.
    It is highly likely that the nonearmarked funds will be 
directed largely to these other purposes. States will have to 
spend a considerable amount of their funds just to comply with 
the new mandates they need to satisfy in order to qualify for 
block grants. For example, the Department of Justice 
preliminarily estimates that States will have to spend $600 
million to comply with the records mandate alone.88 
And, even if some funds are remaining, recent history shows 
that States all too often succumb to the irresistible political 
impulse to ``look tough'' by spending almost everything on 
enforcement-related measures rather than investing in 
prevention.
---------------------------------------------------------------------------
    \88\ Preliminary Estimate by the Department of Justice, July 1997.
---------------------------------------------------------------------------
    Experience with the Byrne Grant program and the Local Law 
Enforcement Block Grant program demonstrates that crime 
prevention programs fare quite poorly when they must compete 
with other enforcement-related uses. In fact, given discretion 
on how to spend the Federal funds provided under those two 
grant programs, States have spent no more than 9 percent of the 
money available on prevention.89 If history is a 
guide, since $300 million or 60 percent is already spoken for, 
this means that prevention will get at most $18 million (just 9 
percent) of the $200 million remaining. This amounts to less 
than 4 percent of the total $500 million per year Incentive 
Block Grant, and is a woefully inadequate commitment to 
prevention. By focusing on how the nonearmarked portion of the 
Incentive Block Grant program may be spent, the majority report 
ignores the realities of how prevention programs actually fare 
when forced to compete with other allowable uses and paints an 
unrealistically rosy picture of this bill's commitment to 
prevention.
---------------------------------------------------------------------------
    \89\ Newman, ``Short Shrift for Prevention,'' Fight Crime: Invest 
in Kids, Press Conference, Sept. 10, 1997.
---------------------------------------------------------------------------
    The Incentive Block Grant program, as currently crafted, 
does not strike the proper balance between enforcement and 
prevention. If the Incentive Block Grant funds are to be 
subject to earmarks, it is imperative to earmark a substantial 
percentage of the program for prevention initiatives, such as 
afterschool programs that provide safe havens and other 
alternatives to gang membership for at-risk youth. Regrettably, 
an amendment offered by Senator Specter to earmark money in the 
Incentive Block Grant Program for prevention failed narrowly, 
although we are heartened that this proposal enjoyed bipartisan 
support. With the support of police and prosecutors across the 
nation, and the continued leadership of Senator Specter, we 
will continue to work to ensure that a substantial amount of 
the Incentive Block Grant Program is earmarked for prevention.
    In addition to its claims about the Incentive Block Grant, 
the majority report overstatesits commitment to prevention in 
other ways. It claims that S. 10 authorizes $750 million over 5 years 
for prevention through the State formula grant program, but later 
boasts that 40 percent of this funding is earmarked for graduated 
sanctions programs, clearly an enforcement-related use. Thus, $300 
million of the $750 million must be used for nonprevention initiatives. 
Given this earmark, the claim in the majority report that $750 million 
is available for prevention is simply incorrect. It is also important 
to understand that the $750 million is not new money, but is simply 
consistent with recent appropriations under the Juvenile Justice and 
Delinquency Prevention Act.
    Similarly, the $80 million for Boys and Girls Clubs is not 
new prevention money. The $80 million commitment to Boys and 
Girls Clubs was enacted into law last year. S. 10 simply makes 
minor albeit helpful changes in the grant making process for 
providing funding to Boys and Girls Clubs. The $100 million 
authorized for Runaway and Homeless Youth programs ignores the 
fact that these programs, like most prevention programs, have 
actually received substantially less funding in past 
appropriations, despite favorable authorization levels. 
Specifically, the Runaway and Homeless Youth programs received 
$58.6 million each in 1996 and 1997, respectively, and are 
currently slated to receive the same in fiscal year 
1998.90 Thus, the actual Federal commitment to 
runaway and homeless youth programs is considerably less than 
the report indicates.
---------------------------------------------------------------------------
    \90\ Congressional Research Service, ``Runaway and Homeless Youth: 
Legislative Issues,'' p. 2 (September 1997).
---------------------------------------------------------------------------
    The majority report cites a recent General Accounting 
Office report in an effort to support its claim that ample 
Federal resources are devoted to prevention. Once again, close 
analysis reveals the report does not paint an accurate picture 
of the Federal investment in prevention.
    The 1997 GAO report on prevention claims that there are 127 
prevention programs totaling in excess of $4 billion. The $4 
billion figure is misleading on a number of levels. For 
example, in calculating the $4 billion figure, the report 
counted almost $2.1 billion in Federal Job Training or 
vocational education programs, such as the Job Corps, as well 
as $328 million in Federal child abuse and neglect programs, 
such as child welfare services. All of these programs are 
vitally important, but they do not reach at-risk youth in the 
critical afterschool hours.91
---------------------------------------------------------------------------
    \91\ The majority report makes reference to a GAO study claiming 
there are 131 prevention programs totaling approximately $4 billion. 
This report pertained to fiscal year 1995. The most recent GAO study, 
dated September 2, 1997, looked at fiscal year 1996 programs and 
claimed that there are 127 prevention programs totaling in excess of $4 
billion.
---------------------------------------------------------------------------
    The contention that there are 127 Federal prevention 
programs is equally misleading. Forty-seven of these programs 
received either no funding in 1996, or the GAO was unable to 
identify any amount spent. A number of the programs have also 
been targeted for elimination in S. 10. Many of the other 
programs assist disadvantaged youth in general, and are 
extremely important. However, they are not focused directly on 
preventing crime or curbing drug abuse. For example, seven 
programs provide assistance to homeless youth, while nine 
programs provide a variety of services to Native American 
youth, including health and mental health services. Three other 
programs provide mental health services for the general 
population. Other programs misidentified in the report as 
``prevention'' programs include the Foster Grandparent Program, 
the Food Stamp Employment Program, and four programs promoting 
arts for youth. Once again, these programs are extremely 
worthwhile, but they can hardly be classified as crime 
prevention programs.
    In fact, there are no more than 41 programs on the GAO list 
(spending approximately $1.1 billion) that are targeted 
specifically at juvenile crime and drug prevention. One of 
these programs, the Drug Free Schools Program, received $556 
million in 1997. This program is a vitally important component 
of an overall prevention strategy, and deserves the funding it 
receives. However, it does not operate during the critical 
afterschool hours, when the vast amount of juvenile crime takes 
place.
    The remaining $550 million includes all of the activities 
of the Office of Juvenile Justice and Delinquency Prevention, 
research into drug and alcohol abuse and treatment, and 39 
small pilot programs or demonstration projects targeted at 
specific, limited populations.
    Two conclusions emerge from a careful analysis of the GAO 
Report. First, there are far fewer than 127 programs, amounting 
to a fraction of the $4 billion, that are truly targeted at 
crime prevention. Second, there is woefully inadequate spending 
on afterschool prevention programs that provide alternatives to 
gang membership during the critical afterschool hours when the 
bulk of violent juvenile crime occurs.
    It is time to stop paying lip service to prevention. The 
Coalition to Prevent Juvenile Crime, a nonpartisan group of 
police officers, prosecutors, and corrections officials, 
recently took out a full-page ad in a number of newspapers 
across the Nation imploring Congress to pass a bill that places 
a heavier emphasis on prevention.92 In a recent 
survey of police chiefs, 90 percent agreed that we could reduce 
crime if the government invested more in prevention and other 
similar programs for at-risk youth.93
---------------------------------------------------------------------------
    \92\ See e.g., Washington Times, June 11, 1997, p. A-5.
    \93\ McDevitt, ``Police Chiefs Say More Government Investments In 
Kids Are Key to Fighting Crime,'' Fight Crime: Invest in Kids, table 
1(A) (July 1996).
---------------------------------------------------------------------------
    So many law enforcement professionals cannot be mistaken. 
Yet, the bill passed by the Committee, which repeals existing 
prevention programs and ignores the need for additional 
prevention dollars in the Incentive Block Grant Program to fund 
afterschool prevention initiatives, apparently takes issue with 
these police and prosecutors, not to mention children's 
advocates and hard working parents who cannot afford to be home 
when their children return from school. We should heed the 
advice of law enforcement professionals and others who have 
been in the trenches, know what works, and recognize that we 
cannot arrest and incarcerate our way out of the juvenile crime 
problem.

    V. S. 10 Adopts a ``Washington Knows Best'' Approach Instead of 
                    Supporting Local Reform Efforts

    Although the majority's report indicates support for the 
premise that, ``Washington does not always know best, and that 
Federal assistance should empower States to experiment and make 
progressive reforms,'' the bill itself belies this premise. 
Instead, S. 10 turns federalism on its head by imposing on the 
States a one-size-fits-all uniform sewn-up in Washington for 
dealing with juvenile crime, including a usurpation of States' 
traditional right to try juvenile offenders in their own 
courts. Many States will rightly view this bill as a straight-
jacket restricting what kind of reforms they can enact, and 
restricting their authority over their resident juveniles.

a. s. 10 would significantly expand federal jurisdiction over juvenile 
                               offenders

    S. 10 reverses longstanding Federal policy that the Federal 
Government will defer to State authorities regarding the 
prosecution and adjudication of juvenile offenses in cases 
where there is concurrent jurisdiction. The Federal Government, 
which for over 60 years has delegated the responsibility for 
the adjudication of juveniles, continues to be ill-equipped to 
handle these cases. This short-sighted approach of ``getting 
tough'' by providing Federal jurisdiction not just for violent 
or repeat juvenile offenders, but for all juvenile also runs 
counter to what juvenile justice experts recommend. Even as the 
majority's own report points out, ``numerous witnesses last 
Congress concurred that the primary responsibility for the 
operation and effectiveness of the juvenile justice system 
remains with the State and local Government.''
    In 1931, the National Commission on Law Observance and 
Enforcement, chaired by George Wickersham, issued a report to 
President Hoover (the ``Wickersham Commission Report'), 
recommending legislation authorizing the Federal Government to 
withdraw from juvenile cases wherever possible.94 
The Wickersham Commission noted that during the 6 months ending 
December 31, 1930, over 2,000 juveniles under the age of 18 
years were in jail on Federal offenses.95 The 
Wickersham Commission Report concluded that:

    \94\ U.S. National Commission on Law Observance and Enforcement, 
``Report on the Child Offender in the Federal System of Justice,'' at 
pp. 2-5 (1931).
    \95\ Id., p. 2.
---------------------------------------------------------------------------
          The Federal Government is not equipped to serve as a 
        guardian to the delinquent child. Nor should it assume 
        this task * * *. It is desirable from every point of 
        view that the Federal Government * * * leave the 
        treatment of their cases to the juvenile courts or 
        other welfare agencies of their own 
        States.96
---------------------------------------------------------------------------
    \96\ Id., p. 5.

    Congress responded by establishing a clear presumption that 
the States, in most cases, should handle juvenile 
offenders.97 The majority's bill begins its 
usurpation of the traditional State jurisdiction over juvenile 
offenders by repealing this provision.98 And, the 
majority's report notes the repeal of this section and reversal 
of longstanding Federal policy with minimal discussion, 
commenting only that the presumption of surrendering juvenile 
offenders to State authorities is ``anomalous.''
---------------------------------------------------------------------------
    \97\ 18 U.S.C. 5001.
    \98\ See S. 10, section 101(a)(1).
---------------------------------------------------------------------------
    Under current Federal law, Federal prosecutors may exercise 
jurisdiction over juvenile offenders only in limited 
circumstances. Specifically, a juvenile charged with an act of 
juvenile delinquency can be proceeded against in Federal court 
only upon investigation and certification by the Attorney 
General (or his or her delegate) that (1) an appropriate State 
court does not have, or refuses to exercise, jurisdiction over 
the juvenile, (2) the State does not have adequate programs and 
services to provide for juveniles, or (3) the offense charged 
is a felony crime of violence or is an enumerated serious drug 
offense and there is a substantial Federal interest warranting 
the exercise of Federal jurisdiction.99 Absent this 
certification, the juvenile ``shall not be proceeded against'' 
in Federal Court and must be surrendered to the 
State.100
---------------------------------------------------------------------------
    \99\ 18 U.S.C. 5032.
    \100\ A limited exception to the certification procedure applies to 
juveniles charged with petty offenses punishable by up to six months of 
imprisonment that were committed within the special maritime and 
territorial jurisdiction of the United States. This exception allows 
for summary disposition of such petty offenses as driving violations, 
littering, and the like in national parks, without the delay for 
juveniles or burdens on the system of a certification procedure ``after 
investigation.''
---------------------------------------------------------------------------
    This certification requirement reflects the general policy 
of Federal abstention in juvenile proceedings and helps 
``ensure that State and local authorities would deal with 
juvenile offenders wherever possible, keeping juveniles away 
from the less appropriate Federal channels.'' 101 
Congress and this Committee, in particular, have consistently 
endorsed the concept that ``juvenile delinquency matters should 
generally be handled by the States and that criminal 
prosecution of juvenile offenders should be reserved for only 
those cases involving particularly serious conduct by older 
juveniles.'' 102
---------------------------------------------------------------------------
    \101\ U.S. v. Juvenile Male, 864 F.2d 641, 644 (9th Cir. 1988); 
U.S. v. Male Juvenile, 844 F. Supp. 280, 284 (E.D.Va. 1994), citing S. 
Rept. 1011, 93rd Cong., 2d sess. (1974) reprinted in 1974 U.S.Code 
Congressional & Administrative News at 5283; see also United States v. 
Sechrist, 640 F.2d 81, 84 (7th Cir. 1981).
    \102\ S. Rept. 98-225 (signed by, inter alia, Senators Thurmond, 
Hatch, Grassley, Specter, Biden, Kennedy, Leahy) 98th Cong., 2d sess., 
p. 386 (1983), reprinted in 1984 U.S.Code Congressional & 
Administrative News (USCCAN), pp. 3182, 3526.
---------------------------------------------------------------------------
    Indeed, when this Committee approved the 1984 amendment to 
the Federal Juvenile Delinquency Act that allowed for the 
exercise of Federal jurisdiction over juveniles charged with 
violent Federal felonies or controlled substance offenses, the 
Committee stressed the importance of also satisfying the 
``substantial Federal interest'' requirement. Not just any 
violent Federal felony or Federal drug offense would warrant 
Federal intrusion into juvenile delinquency jurisprudence. 
Rather, the Committee stated its intention:

        that a determination that there is a substantial 
        Federal interest be based on a finding that the nature 
        of the offense or the circumstances of the case give 
        rise to special Federal concerns. Examples of such 
        cases could include an assault on, or assassination of, 
        a Federal official, an aircraft hijacking, a kidnaping 
        where State boundaries are crossed, a major espionage 
        or sabotage offense, participation in large-scale drug 
        trafficking, or significant or willful destruction of 
        property belonging to the United States.\103\
---------------------------------------------------------------------------
    \103\ S. Rept. 98-225, supra, p. 389, USCCAN, p. 3529.

    This bill rejects the presumption that the States should 
exercise primary jurisdiction over juvenile offenders. Instead, 
S. 10 would bluntly require that juveniles ``alleged to have 
committed a Federal offense shall * * * be tried in the 
appropriate district court of the United States * * *.'' \104\ 
The bill repeals altogether the current certification 
requirement that the State is unwilling or unable to assume 
jurisdiction before Federal jurisdiction may be exercised over 
juveniles in nonviolent, non-drug felony or misdemeanor cases.
---------------------------------------------------------------------------
    \104\ See S. 10, section 102(a), amending 18 U.S.C. 5032(a).
---------------------------------------------------------------------------
    In addition, the bill guts the current ``substantial 
Federal interest'' requirement by allowing prosecutors to 
exercise Federal jurisdiction after making a nonreviewable 
determination that ``the ends of justice otherwise so 
require.'' This new, watered-down certification requirement 
would apply to all juvenile felony cases. Significantly, no 
certification requirement whatsoever would be required in 
juvenile delinquency cases.105 This is odd, since it 
would seem that these cases which involve less dangerous 
offenders should require the greatest showing of a Federal 
interest to justify the assertion of Federal authority.
---------------------------------------------------------------------------
    \105\ See S. 10, section 102(a), amending 18 U.S.C. 5032(a)(3) 
(juveniles ``alleged to have committed a Federal offense shall * * * be 
tried in the appropriate district court of the United States * * * (3) 
in all other cases, as a juvenile.'').
---------------------------------------------------------------------------
    The majority's bill authorizes the broadest exercise of 
Federal jurisdiction over any juvenile offender who commits any 
Federal petty, misdemeanor or felony offense or act of juvenile 
delinquency, including those for which the States have 
concurrent--and under current law, primary--
jurisdiction.106 As a result, S. 10 would open the 
doors of Federal courts to the entire panoply of nonserious 
felony and misdemeanor cases against juveniles.
---------------------------------------------------------------------------
    \106\ In fact, the majority report states that ``the Attorney 
General and U.S. Attorneys should be free to prosecute Federal crimes 
in addition to serious violent crimes and serious drug crimes.''
---------------------------------------------------------------------------
    Under current law, fewer than 250 juveniles 107 
are processed in the Federal system each year in Federal 
delinquency or criminal proceedings. The sponsors of S. 10 are 
well aware that the proposed changes in this bill would result 
in an increase in the numbers of juveniles prosecuted and 
adjudicated within the Federal criminal justice system, even 
though State courts have more experience and better facilities 
to deal with juveniles. Indeed, the majority's report 
acknowledges that, ``[t]he Committee also expects * * * 
increasing the number of juveniles prosecutions that are 
brought by the Federal Government,'' but the sponsors simply 
hope the number will not ``increase inappropriately.''
---------------------------------------------------------------------------
    \107\ ``Juvenile Delinquents in the Federal Criminal Justice 
System,'' Bureau of Justice Statistics Special Report, January 1997, p. 
1.
---------------------------------------------------------------------------
    Senator Leahy's amendment, which was defeated on July 10, 
1997, during Committee consideration of S. 10, would have 
retained the State's prerogative to handle juvenile criminal 
and delinquency matters. This amendment would have required the 
Attorney General to certify that the State is unable or 
unwilling to handle a nonserious violent or nonserious drug 
felony case or other delinquency case involving a juvenile 
before the exercise of Federal jurisdiction would be 
authorized. Similarly, an amendment offered by Senator Biden, 
but defeated by the Committee, would have prohibited the 
assertion of Federal authority over juvenile delinquency cases 
without a showing that the State authorities had declined 
jurisdiction. These amendments would have restored the proper 
balance between State and Federal authority in this area of the 
law and also would have brought S. 10 into line with the 
provisions of the ``Juvenile Crime Control Act of 1997'', H.R. 
3, which passed the House of Representatives on May 8, 1997.
    The sponsors of S. 10 outlined in the bill's findings the 
following federalism principle:

        the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles 
        is, and should remain, primarily the responsibility of 
        the States, to be carried out without interference from 
        the Federal Government.108
---------------------------------------------------------------------------
    \108\ See S. 10, section 2(a)(12).

    Unfortunately, by repealing and gutting the current 
certification requirements for the exercise of Federal 
jurisdiction over juvenile offenders, S. 10 would invite 
exactly the ``interference from the Federal Government'' that 
these initial findings suggest are contrary to the objectives 
of the bill.

    b. s. 10 would impose new and burdensome juvenile recordkeeping 
                       requirements on the states

    The bill also imposes a top down approach to the new 
recordkeeping requirements by mandating that States, in order 
to qualify for S. 10's new $500 million per year Incentive 
Block Grant funds, meet burdensome and costly recordkeeping 
requirements for arrested or convicted juveniles that go 
further than necessary to meet the goal of protecting 
communities from violent offenders.109 A sampling of 
the States represented on this Committee alone demonstrates 
that few of these States, if any, would currently qualify for a 
grant under this new program. Before supporting this bill in 
its current form, members would do well to review the 
proverbial ``fine print'' of these new recordkeeping mandates 
to ensure that his or her State would qualify or would be 
willing to modify its local laws and make the investments 
necessary to qualify.
---------------------------------------------------------------------------
    \109\ S. 10, section 303(a), amending JJDPA, section 205 (42 U.S.C. 
5615).
---------------------------------------------------------------------------
    We concur with the majority's statement of principle in its 
report that ``members of society have a right to know who among 
them are repeat and violent offenders.'' Yet, S. 10 takes 
extreme steps to fulfill that right to know. The bill imposes 
new requirements that fingerprints and photographs of juveniles 
charged with any felony act, including nonserious, nonviolent 
felonies, are to be part of a national database. It also 
appears that adjudication and disposition records for 
misdemeanor or petty offenses as well as for felonies, must be 
maintained in the same manner and time period as adult records 
and be made available or accessible to the FBI, law enforcement 
agencies, courts, and school officials.110 Given 
that since 1992, 39 States have enacted substantial reforms to 
open up their juvenile records, such federally imposed 
prescriptive requirements appear to be 
unnecessary.111
---------------------------------------------------------------------------
    \110\ S. 10 proposes similar changes for the treatment of Federal 
juvenile offender records. Specifically, the bill would expand access 
to Federal juvenile delinquency records to any school or educational 
institution ``for the purpose of ensuring the public safety and 
security at such institution,'' and to victims. At the same time, S. 10 
would eliminate the current ``second chance'' policy which only 
requires that the records of recidivist juveniles convicted of felony 
crimes of violence or serious drug offenses be sent to the FBI. S. 10 
would require that the same personal information, including the type of 
offense committed and the sentence imposed, be sent to the FBI 
regarding any juvenile tried as an adult or adjudicated delinquent for 
a single misdemeanor or felony act. Finally, S. 10 would repeal the 
prohibition in current law against publishing the name or photograph of 
Federal juvenile delinquents.
    \111\ Torbet, et al., ``State Responses to Serious and Violent 
Juvenile Crime,'' p. xv (National Center for Juvenile Justice, July 
1996).
---------------------------------------------------------------------------
    We believe we can better protect our communities by 
allowing the records of serious repeat and violent juvenile 
offenders, who account for only 5 percent of all juveniles 
arrested,112 to be more easily accessible to law 
enforcement and the courts. But, the Federal Government should 
not dictate the exact details of each State's recordkeeping 
system as S. 10 requires. Nor can we embrace a mandate that 
requires the records of one-time nonviolent arrestees to be 
sent to schools and law enforcement agencies, particularly when 
those charges may later be dismissed.
---------------------------------------------------------------------------
    \112\ Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence'' p. 17.
---------------------------------------------------------------------------
    To qualify for a grant under the new incentive grant 
program, States must make ``reasonable efforts, as certified by 
the Governor,'' to have in place by July 1, 2000, laws or 
procedures to comply with a number of new Federal mandates. 
These new mandates include permitting juveniles 14 years and 
older to be prosecuted as adults for serious violent felonies, 
establishing graduated sanctions for juvenile offenders, and 
implementing a drug testing program upon arrest for appropriate 
categories of juvenile offenders. In addition, the States must 
also comply with the following nine new juvenile offender 
recordkeeping requirements:
          1. All juveniles charged with, or arrested for, 
        crimes of violence or acts that would be a felony if 
        committed by an adult (``felony acts'') must be 
        fingerprinted and photographed;
          2. Fingerprints and photographs of all juveniles 
        charged with, or arrested for, crimes of violence or 
        felony acts must be sent to the Federal Bureau of 
        Investigation (FBI);
          3. The State must maintain records relating to 
        juvenile delinquency proceedings and dispositions of 
        juveniles charged as adults that is equivalent to adult 
        records kept for the offense;
          4. Juvenile delinquency adjudication and juvenile 
        criminal records must be retained for the same period 
        of time as adult records;
          5. Juvenile delinquency adjudication and juvenile 
        criminal records must be made available to law 
        enforcement agencies of any jurisdiction;
          6. Juvenile delinquency adjudication and juvenile 
        criminal records must be made available to any court 
        having jurisdiction over the juvenile or former 
        juvenile;
          7. Juvenile delinquency adjudication and juvenile 
        criminal records must be made available to all schools, 
        school districts, or post-secondary schools in which 
        the juvenile is enrolled or seeks to enroll;
          8. Officials of the schools, school districts, or 
        post-secondary schools to which juvenile delinquency 
        adjudication and juvenile criminal records are made 
        available must be subject to liability under ``the same 
        standards and penalties that law enforcement and 
        juvenile justice system employees are held liable to, 
        under Federal and State law for handling and disclosing 
        such information;'' and
          9. Juvenile delinquency adjudication and juvenile 
        criminal records must be sent to the FBI.113
---------------------------------------------------------------------------
    \113\ On July 23, 1997, Chairman Hatch offered an amendment which 
was accepted by the Senate Judiciary Committee that exempts from the 
recordkeeping requirements, for the 5 years authorized by the bill, the 
5 percent of States with the lowest reported juvenile violent crime 
rate in the 5 years prior to 1996. This will result in the exemption of 
North Dakota, Vermont, and West Virginia from these onerous 
requirements in fiscal years 1998 to 2002. If these eligible States opt 
to exercise the exemption, they will lose 10 percent of the incentive 
grant funds for which they were eligible, since this percentage is 
earmarked under the bill to enhance juvenile recordkeeping.
---------------------------------------------------------------------------
    Complying with the nine recordkeeping requirements would be 
extremely burdensome for most, if not all, States. Most States 
do not qualify now and would have to modify their laws and 
invest significant funds to qualify for the block grant funds. 
In fact, no State represented on this Committee appears to 
comply with all of the new recordkeeping mandates outlined in 
S. 10. For example:
 Only five States represented on the Committee appear 
        to require that juveniles charged with felony acts be 
        both fingerprinted and photographed.114 The 
        other States either have no statute authorizing the 
        fingerprinting of juveniles, or merely permit such 
        fingerprinting. Utah's statute is typical, stating: 
        Fingerprints may be taken of a minor 14 years of age or 
        older who is taken into custody for the alleged 
        commission of an offense that would be a felony if the 
        minor were 18 year of age or older.115
---------------------------------------------------------------------------
    \114\ These States are Missouri, Ohio, New Jersey (if the juvenile 
is over 14 years old), Tennessee, and Wisconsin.
    \115\ Utah Code Ann. 78-3a-904(2) (emphasis added).
---------------------------------------------------------------------------
 Eleven States represented on this Committee do not 
        require that photographs be taken of juvenile offenders 
        charged with felony acts.116
---------------------------------------------------------------------------
    \116\ States that do not require that photographs be taken of 
juvenile offenders who are charged with felony acts include: Arizona, 
Alabama, California, Delaware, Iowa, Illinois, Massachusetts, Michigan, 
South Carolina, Utah, and Vermont. If these juveniles are charged as 
adults, then most States would require that they be fingerprinted and 
photographed.
---------------------------------------------------------------------------
 No State represented on this Committee requires that 
        both the fingerprints and photographs of juveniles be 
        sent to the FBI. In fact, only two States (Michigan and 
        South Carolina) require juvenile fingerprints to be 
        submitted to the FBI. Thus, under this new mandate 
        alone, all seventeen States represented on this 
        Committee would be ineligible for the new Federal grant 
        program.
 No State represented on this Committee expressly 
        permits post-secondary school officials, including 
        college and university officials, access to the 
        juvenile records of current or potential students. 
        While some State statutes, such as Missouri's, allow a 
        juvenile officer to discuss a juvenile case with 
        ``officials at the child's school'',117 the 
        statute is silent on post-secondary school officials' 
        access to the juvenile records of current attendees or 
        applicants.
---------------------------------------------------------------------------
    \117\ 211.321 R.S.Mo (1).
---------------------------------------------------------------------------
    Compliance with these new recordkeeping requirements will 
not be cheap. The Department of Justice has preliminarily 
estimated that compliance will cost the States $600 
million.118 Although S. 10 provides for $2.5 billion 
over 5 years for the incentive block grant program, far less 
than the $600 million required is earmarked for recordkeeping. 
In fact, just $250 million over 5 years is dedicated to the 
enhancement of juvenile recordkeeping. Given that 60 percent of 
the incentive block grant monies are already earmarked for 
required uses, including the 10 percent dedicated to improve 
recordkeeping, States will have to spend a substantial portion 
of their discretionary funding on records, at the expense of 
other needs.
---------------------------------------------------------------------------
    \118\ Preliminary estimate by U.S. Department of Justice, July 
1997.
---------------------------------------------------------------------------
    In addition to being unduly burdensome, the recordkeeping 
requirements are excessively broad in scope. S. 10 appears to 
require that all juvenile records, including the records of 
nonviolent, nonserious arrestees and offenders be available not 
only to law enforcement officials and the courts, but also to 
the juveniles' schools, including postsecondary schools and 
colleges. It would expose thousands of nonviolent juveniles to 
unnecessary and potentially damaging disclosure not just for 
felony convictions, but for felony and misdemeanor 
arrests.119
---------------------------------------------------------------------------
    \119\ We have concerns that the new mandate that all juvenile 
adjudication and disposition records be sent to the FBI poses a 
significant risk of undermining current State laws and policies 
designed to protect the privacy of youthful offenders, due to the FBI's 
lack of a ``sealing'' capability.
---------------------------------------------------------------------------
    Although the majority's report tries to limit the 
application of the recordkeeping requirements to felony acts, 
these limitations are not clearly reflected in the bill. The 
majority's report indicates that the intended impact of these 
new juvenile offender recordkeeping requirements is to 
establish a national database for ``juvenile felony records.'' 
(Emphasis added.) The report further suggests that the new 
requirements relating to juvenile fingerprints and photographs 
``apply only to juveniles arrested for a crime of violence or 
an act that, if committed by an adult, would be a felony * * * 
not all juvenile offenses are required to be reported.'' 
(Emphasis added.)
    In contrast, the relevant provision of S. 10 requires that, 
``The State * * * maintains a record relating to the 
adjudication or disposition'' of juveniles. It does not clearly 
limit the application to felonies because it does not say 
``relating to the adjudication or disposition of a crime of 
violence or a felony act''. Instead, by providing that these 
records should be used by courts for the consideration of the 
``entire juvenile history'' of an individual, S.10 suggests 
that nonfelony as well as felony acts will be disclosed. 
(Emphasis added.) \120\ Even the majority's report adds to the 
ambiguity when it states ``[r]ecords of criminal or delinquent 
acts committed by juveniles should not be destroyed simply 
because the offender reaches adulthood.'' (Emphasis added.) 
Thus, S. 10's new recordkeeping requirements listed above as 
items four through nine appears to apply to all juvenile 
offenders, including first-time offenders and offenders who 
commit misdemeanor and petty offenses, such as vandalism or 
shoplifting.
---------------------------------------------------------------------------
    \120\ S. 10, section 303(a), revising section 205 of the JJDPA (42 
U.S.C. 5615).
---------------------------------------------------------------------------
    Even if the recordkeeping requirements were interpreted to 
apply just to felony records, they are still overly broad. 
While the definition of a felony varies from State to State, in 
some States knocking someone over to steal a bicycle or their 
lunch money has been classified as a felony. The National 
Center for Juvenile Justice explains that a robbery, which is 
generally a felony, includes a situation where a school bully 
tells another student, ``Give me your lunch money, or I'll 
punch you.'' 121 It is clear that under any 
interpretation of S. 10's recordkeeping requirements, some 
minor offenses would stay with a juvenile for years and be 
disclosed to school officials wherever the juvenile seeks to 
enroll.
---------------------------------------------------------------------------
    \121\  Office of Juvenile Justice and Delinquency Prevention, 
``Juvenile Offenders and Victims: 1997 Update on Violence,'' p. 35.
---------------------------------------------------------------------------
    Nevertheless, the Committee rejected an amendment offered 
by Senator Leahy that would have clearly limited any juvenile 
recordkeeping requirements to crimes of violence or felony acts 
and preserved a role for State and local policymakers by 
allowing each State to comply with the new recordkeeping 
requirements ``as it deems appropriate.'' As Senator Leahy 
argued, juveniles' adjudication records for nonfelony offenses, 
such as a criminal mischief spray painting offense, will have 
to be kept under S. 10's new mandate as long as adult criminal 
records.122 He pointed out that the recordkeeping 
requirements were not limited to violent felonies committed by 
juveniles, but would also apply to offenses, such as 
shoplifting or setting off firecrackers.123 Noting 
his support for dissemination of juvenile records for serious 
violent felonies, Senator Biden described these provisions in 
S. 10 as ``overkill. This is going after a fly with a 
sledgehammer.'' 124 This amendment was voted down on 
July 23, 1997, on the precise grounds that the majority of the 
Committee wished and intended to sweep within the new juvenile 
recordkeeping requirements all juvenile offender criminal 
records. According to Senator Ashcroft, who opposed the Leahy 
amendment:
---------------------------------------------------------------------------
    \122\ Transcript of Proceedings, Senate Committee on the Judiciary, 
July 23, 1997, p. 41.
    \123\ Id., p. 46.
    \124\ Id., p. 39.

         we are making too much of a distinction between 
        violent and nonviolent crimes * * *. The idea that 
        somehow painting on buildings is not a serious offense 
        is an idea we ought to start rejecting in this 
        culture.125
---------------------------------------------------------------------------
    \125\ Id., p. 47-48.

    The majority report acknowledges that the changes in 
juvenile recordkeeping that would be required under S. 10 
reflect a marked change in the treatment of juveniles 
offenders, and the use and availability of their records. In 
addition to compelling States to modify their laws and incur 
significant costs, expanding access to juvenile adjudication 
and criminal disposition records as mandated in S. 10 may have 
long-term adverse and unintended consequences. In the rush to 
punish juvenile offenders and hold them accountable, the 
sponsors of S. 10 failed during the debate of this bill, and 
again in the majority report, to address, much less resolve, 
these concerns over expanding access to juvenile delinquency 
adjudications.
    For example, juvenile justice experts anticipate that 
increased public availability and use of juvenile delinquency 
records will likely result in making juvenile proceedings more 
adversarial and less treatment-oriented. One expert explained:

          Because the juvenile justice system is often 
        treatment-oriented, there is no necessary relationship 
        between the adjudicated offense and the ``sentence'' 
        imposed by the court. A plea to a violent felony 
        offense carries no greater penalty than a plea to a 
        lesser misdemeanor where the disposition is to an 
        indefinite term of treatment. This means that a defense 
        counsel decision to recommend a plea to avoid being 
        tried and sent to a youth center may now be the basis 
        of a claim of inadequate representation for failure to 
        consider how the adjudication record might be used in 
        the future.126
---------------------------------------------------------------------------
    \126\ Neal Miller, Principal Associate, Institute for Law and 
Justice, ``National Assessment of Criminal Court Use of Defendant's 
Juvenile Adjudication Records,'' National Conference on Juvenile 
Justice Records: Appropriate Criminal and Noncriminal Justice Uses, 
U.S. Department of Justice, BJS (NCJ-164269) [hereinafter ``BJS May 
1997 Report'], p. 29 (May 1997).

    In the majority's report, the sponsors of S. 10 justify the 
bill's wholesale rejection of the traditional confidential 
treatment afforded juvenile records on the grounds that 
``danger will continue as long as individuals whose past 
criminal record of violent or serious offenses is not revealed 
* * * because of their former status as juveniles.''
    Though this justification may make a good sound-bite, it 
fails to reflect the reality that States are already taking 
steps to try as adults juveniles committing ``violent or 
serious offenses.'' Indeed, the majority's report notes that 49 
States already permit the prosecution as adults of juveniles 
who commit serious violent felonies. ``Once a juvenile is 
transferred to adult court, the record of that proceeding loses 
any protection as a juvenile record and is treated as an adult 
record.'' 127 Consequently, those records are 
generally available to the same extent as those of adult 
offenders. This raises the significant question of what S. 10 
will accomplish by requiring the States to comply with 
stringent juvenile recordkeeping requirements pertaining to 
juvenile offenders who did not commit sufficiently serious 
offenses to be tried as adults.
---------------------------------------------------------------------------
    \127\ SEARCH, ``Privacy and Juvenile Justice Records: A Mid-Decade 
Status Report,'' p. 13, U.S. Department of Justice, Bureau of Justice 
Statistics, NCJ-161255 (May 1997).
---------------------------------------------------------------------------
    Unfortunately, the detrimental impact of the changes 
proposed by S. 10 would fall primarily on the majority of 
juvenile offenders for whom the juvenile justice system works--
that is, those juveniles who are not recidivists and whose 
initial contact with the juvenile or criminal justice system 
was their last. Lost in the majority report's litany of 
statistics about juvenile crime is the fundamental fact that 
most juvenile offenders learn their lesson the first time. 
``Recidivism rates among juvenile offenders have not increased, 
but a relatively small percentage of juvenile offenders are 
chronic and frequent recidivists, accounting for the vast 
majority of juvenile offenses. Most studies indicate that only 
about one-third of juvenile offenders ever commit a second 
offense.'' 128
---------------------------------------------------------------------------
    \128\ SEARCH, ``Privacy and Juvenile Justice Records: A Mid-Decade 
Status Report,'' p. 4, U.S. Department of Justice, Bureau of Justice 
Statistics, NCJ-161255 (May 1997).
---------------------------------------------------------------------------
    If S. 10 were to become law in its current form, these 
single-incident juvenile offenders would have their youthful 
indiscretions follow them for the rest of their lives, with the 
concomitant adverse impact that having a ``rap sheet'' will 
have on their future employment, education and lifestyle 
opportunities. This will place these young offenders ``at a 
distinct disadvantage in making a `fresh start' of their 
lives.'' 129
---------------------------------------------------------------------------
    \129\ Robert B. Acton, ``Gubernatorial Initiatives and Rhetoric of 
Juvenile Justice Reform,'' 5 Journal of Law and Policy pp. 277, 305 
(1996).
---------------------------------------------------------------------------
    This is no small matter. Dr. Jan Chaiken, Director of the 
Bureau of Justice Statistics at the Department of Justice, 
recently put the impact of such juvenile recordkeeping changes 
in historical perspective. Citing earlier studies, he 
explained:

          Among boys born in 1945, 35 percent had a police 
        contact but only 6 percent were chronic delinquents. 
        So, over one-third of all these boys would have had an 
        arrest record * * *. Some of these boys went on to 
        occupations that require background checks, such as 
        police officers and directors of statistics agencies. 
        So the nation would have suffered quite a bit if 
        ordinary background checks had prevented these boys 
        from moving forward in their chosen careers. * * * the 
        National Youth Survey, which interviewed a nationally 
        representative group of boys and girls who were age 11 
        to 17 in 1957, recently collected all of their arrest 
        records and found that 15 percent of boys on nationwide 
        basis had an arrest record for other than a minor 
        traffic offense. Of these, less than half could be 
        considered as serious juvenile delinquents. So just 
        remember that it is your nieces and nephews that we are 
        talking about here.130
---------------------------------------------------------------------------
    \130\ Dr. Jan M. Chaiken, ``Changing Laws and Policies Governing 
Juvenile Justice Records Radically Alter Balance Between 
Confidentiality and Public Access, And Increase Importance of Record 
Accuracy,'' BJS/SEARCH Conference Report, p. 12 (May 1997).

    Those States that want to continue ensuring the 
confidentiality of juvenile records for perfectly sound policy 
reasons, such as providing a ``second chance'' to first-time 
juvenile offenders or to juveniles who engaged in minor felony 
or misdemeanor or petty offenses, would have to forego 
participation in the new Federal grant program. This is a tough 
choice but many States may reject these new Federal 
recordkeeping mandates in favor of their own policy choices on 
the treatment of juvenile records.131 The sponsors 
of S. 10 should be aware that this bill will not accomplish 
anything if, because of inflexible, costly and burdensome 
recordkeeping mandates, States reject the assistance it has to 
offer.
---------------------------------------------------------------------------
    \131\ Indeed, newspaper editorials about S. 10 in Vermont have 
posed the question, ``Wouldn't it be fine if Vermont just said no?'' 
Sunday Rutland Herald and The Sunday Times Argus, July 20, 1997.
---------------------------------------------------------------------------

  C. Tribal Governments Should Have A Role In Deciding Whether Native 
American Youth Should Be Tried As Adults for Crimes Committed in Indian 
                                Country

    S. 10 also tramples on the sovereign rights of Native 
American tribes by eliminating their current authority to 
determine whether juvenile members should be tried as adults 
for a crime committed in Indian country.132 This 
tribal ``opt-in'' clause was included in the Violent Crime 
Control and Law Enforcement Act of 1994 in recognition of the 
fact that the great majority of Federal juvenile prosecutions 
involve Native American youth.133 Our traditional 
respect for the sovereignty of Native American tribes counsels 
that tribal governments should have a say in determining 
whether the Federal Government should take the extraordinary 
step of prosecuting a Native American youth as an adult when 
the sole basis for Federal jurisdiction is that the crime 
occurred in Indian country.
---------------------------------------------------------------------------
    \132\ 18 U.S.C. 5032.
    \133\ In 1995, 61 percent of the juveniles in Federal custody were 
Native Americans. Bureau of Justice Statistics, ``Special Report: 
Juvenile Delinquents in the Federal Criminal Justice System'', p. 3. 
(January 1997).
---------------------------------------------------------------------------
    Virtually identical ``opt-in'' clauses are present in the 
Federal death penalty statute and the mandatory life penalty 
for third time serious violent and drug offenders (the ``three 
strikes'' law).134 Again, these provisions 
acknowledge the proper role of sovereign tribes in the 
imposition of severe Federal criminal sanctions.
---------------------------------------------------------------------------
    \134\ 18 U.S.C. 3598; 18 U.S.C. 3559(c)(6).
---------------------------------------------------------------------------
    The underlying purpose of the tribal ``opt-in'' clause has 
not been ``rendered obsolete,'' as the majority contends, by 
proposed changes to S. 10; in fact, these changes provide 
greater justification for giving tribal governments a role in 
the decisionmaking process. Under current law, at least an 
independent Federal judge is responsible for making the 
ultimate decision whether a juvenile will be tried as an adult. 
S. 10, however, eliminates the judicial role and, in most 
cases, provides the United States attorney, who may have 
absolutely no connection or relationship with the tribe, with 
unreviewable discretion to charge juveniles as adults. S. 10 
also greatly expands the types of crimes for which juveniles 
may be tried as adults and, for most crimes, lowers the minimum 
age for trying juveniles as adults to 14.135 It is 
difficult to understand why the majority would believe that 
exposing many more Native American youth to prosecution as 
adults, at the sole discretion of the Justice Department, 
``obviates'' the need for tribal input into this critical 
decision.
---------------------------------------------------------------------------
    \135\ S. 10 would actually increase the age at which juveniles may 
be tried as adults from 13 to 14 for certain offenses.
---------------------------------------------------------------------------
    Certainly, many tribes do not share this view. The Washoe 
Tribe of Nevada and California as well as the Eastern Band of 
Cherokee Indians have written to the Committee requesting 
retention of the tribal ``opt-in.'' Similarly, Senator Inouye, 
vice chairman of the Indian Affairs Committee, in seeking the 
preservation of the ``opt-in,'' has written, ``this provision 
is premised upon the government-to-government relationship 
between Indian governments and the United States, and prevents 
disparate impacts in Indian Country * * * we know of no 
compelling justification for repealing [it].'' The 
administration bill, S. 362, would have retained the tribal 
``opt-in.''
    Contrary to the views of the majority, retention of a 
tribal ``opt-in'' clause would not allow violent Native 
American offenders to escape serious punishment. Under current 
law, if a tribe determines that a juvenile should not be tried 
as an adult, the Federal Government still retains authority--
without consent of the tribe--to try the offender as a 
juvenile. Under S. 10, juvenile delinquents can be incarcerated 
up to age 26, ensuring that juvenile members of Native American 
tribes who commit serious crimes can receive serious 
punishment, even if the tribe determines that juvenile 
offenders should not be tried as adults. To claim, as the 
majority does, that retention of a tribal ``opt-in'' would mean 
that murderers, rapists, and burglars could receive a maximum 
sanction of 1-year in prison is unadulterated demagoguery.
    So too is the majority's bizarre and totally unsupported 
contention that the ``opt-in'' clause will encourage Native 
American youth to commit murder, instead of simple assault 
``because there would be no significant additional punishment 
imposed for eliminating a witness to the crime.'' Of course, in 
the Federal juvenile system, murderers are treated more harshly 
than juveniles who commit simple assault. We suspect that 
Native American youth understand this and modify their behavior 
accordingly.
    We fundamentally disagree with the majority's view that 
permitting tribes to decline Federal prosecution of their youth 
as adults does a disservice to potential crime victims. The 
vast majority of the victims of juvenile crime by Native 
Americans are Native Americans. In light of this, we believe 
that tribal governments are in the best position to determine 
for themselves whether the interest of community safety is 
better served by prosecuting offenders as juveniles or adults. 
The Committee bill makes that choice for the tribes without any 
consultation, discussion, or review.
    The majority lightly dismisses the argument that Native 
Americans will be disproportionately affected by the provisions 
of S. 10 that encourage the prosecution of juveniles as adults, 
noting that this is merely the consequence of falling within 
Federal jurisdiction. The problem is, however, that no other 
group of Americans bears the burden of living exclusively in 
Federal enclaves and therefore no other group of Americans is 
subject to Federal law for typical State law crimes like 
robbery or assault. It is quite easy for most Members of 
Congress to take the ``get-tough'' stance of increasing Federal 
prosecutions of juveniles as adults, since only a handful of 
non-Native American juveniles from each State will be 
prosecuted as adults under S. 10, but probably over a hundred 
Native Americans will face such prosecution each year. 
Disproportionate impact, therefore, is relevant and justifies 
the role tribes currently play in deciding whether their youth 
should be prosecuted as adults.
    There is some irony in the majority's claim that it is 
eliminating the ``opt-in'' provision to promote uniformity in 
the application of Federal criminal law when its primary 
modification to the Federal juvenile code is to increase 
prosecutorial discretion to try juveniles as adults. If the 
majority's goal is to ensure that ``the penalties similarly 
culpable Federal criminal defendants face should not vary'' 
then the last thing it should be doing is giving federal 
prosecutors unfettered discretion, without any guidelines or 
factors to ensure uniformity across the country, to decide 
which juveniles should be tried as adults.
    Finally, we must respond to the majority's ill-informed and 
unsupported view that the tribal ``opt-in'' clause racially 
discriminates in violation of the fifth amendment because it 
could result in a Native American juvenile offender receiving 
less severe punishment than a non-Native American youth for an 
identical crime.
    This argument, like the majority's entire opposition to the 
``opt-in'' clause, is based on a fundamental misunderstanding 
of the relationship between the United States and Native 
American tribes. As the Supreme Court has noted on numerous 
occasions, ``Indian tribes are unique aggregations possessing 
attributes of sovereignty over their members and their 
territory.'' 136 As such, the Court has explained 
that Federal criminal regulation of Native American tribes 
should not be viewed as ``legislation of a `racial' group,'' 
but as ``governance of a once sovereign political community.'' 
137 Consistent with this approach, the tribal ``opt-
in'' does not apply to all Native Americans as a race, but to 
persons ``subject to the jurisdiction of an Indian tribe.'' 
138
---------------------------------------------------------------------------
    \136\ Worcester v. Georgia, 31 U.S. 515 (1832).
    \137\ United States v. Antelope, 430 U.S. 641, 646 (1977).
    \138\ 18 U.S.C. 5032. Indeed, Native Americans who are not members 
of a tribe would not be covered by the tribal ``opt-in.'' Antelope, at 
647 and n. 7.
---------------------------------------------------------------------------
    The Supreme Court has made it quite clear that due to the 
unique relationship between the Federal Government and Native 
American tribes, laws applicable to Native American tribes are 
not viewed with the same skepticism by the courts as laws 
containing racial classifications. As the Court explained in 
Morton v. Mancari,139 which upheld a limited hiring 
preference for qualified Native Americans in the Bureau of 
Indian Affairs:
---------------------------------------------------------------------------
    \139\ 417 U.S. 535 (1974).

          Literally every piece of legislation dealing with 
        Indian tribes and reservations * * * single(s) out for 
        special treatment a constituency of tribal Indians 
        living on or near reservations. If these laws were 
        deemed invidious racial discrimination, an entire Title 
        of the United States Code would be effectively 
        erased.140
---------------------------------------------------------------------------
    \140\ Id., p. 552.

Thus, it is well established that legislation benefitting or 
burdening tribal members is not subject to strict scrutiny 
under the Court's equal protection jurisprudence, but need only 
be rationally tied to the fulfillment of the United States' 
unique obligations to Native Americans.141 The 
tribal ``opt-in'' clause--which allows tribal governments to 
provide input into the treatment of juvenile offenders in 
Indian country--clearly meets this permissive standard.
---------------------------------------------------------------------------
    \141\ Delaware Tribe v. Weeks, 430 U.S. 73, 83-84 (1977).
---------------------------------------------------------------------------
    Additional support for the constitutionality of the tribal 
``opt-in'' can be found in United States v. Antelope.\142\ In 
this case, the Court unanimously rejected the claim that 
application of Federal criminal law to Native Americans 
violated equal protection principles, even though non-Native 
Americans--subject to State jurisdiction--would receive more 
lenient treatment for similar crimes. In so doing, the Court 
confirmed that the Constitution provided Congress with plenary 
authority to direct legislation specifically at Native 
Americans, even with respect to the criminal law.\143\ Based on 
this authority, the Court intimated that Congress could 
constitutionally establish ``differing penalties and burdens of 
proof'' for Native Americans and non-Native Americans tried for 
the same offense.\144\ Indeed, the Court noted that this 
authority permitted Congress to provide differing criminal 
schemes among tribes.\145\
---------------------------------------------------------------------------
    \142\ 430 U.S. 641 (1977).
    \143\ Id. at 645-47.
    \144\ Id. at 649 n. 11.
    \145\ Id. at 648 n. 8.
---------------------------------------------------------------------------
    Even so, the majority misses the point when it focuses on 
the potential maximum penalties that could be applied to Native 
and non-Native Americans alike. The ``opt-in'' clause does not 
establish differing maximum penalties for different classes of 
persons. Rather, it is directed at letting tribes decide, 
rather than federal prosecutors, whether tribal members shall 
be tried as juveniles or adults for crimes committed in Indian 
country. Surely Congress has authority to allocate 
decisionmaking authority in this manner.

D. S. 10 Creates Unnecessary, Overlapping New Federal Crimes To Address 
     Gangs When Adequate Laws Already Exist To Combat Gang Violence

    Title II of S. 10, the so-called ``Federal Gang Violence 
Act,'' would continue the recent trend of federalizing crimes 
traditionally handled at the State and local level. In fact, 
the new Federal ``criminal gang'' statute can be triggered even 
though the defendant has not personally engaged in any 
interstate activities, or even activities that affect 
interstate commerce.146 As the Judicial Conference 
has noted, this provision is ``in derogation of fundamental 
principles of federalism.'' 147
---------------------------------------------------------------------------
    \146\ S. 10, section 203.
    \147\ Letter from Maryanne Trump Barry, Chair, Committee on 
Criminal Law of the Judicial Conference of the United States, to 
Senator Fred Thompson, July 30, 1996, p. 4.
---------------------------------------------------------------------------
    While some crime control problems require Federal 
Government intervention, we are not convinced that creating new 
Federal crimes is what needs to be done to address our national 
gang problem. There are dozens of laws on the books that both 
State and Federal law enforcement authorities can use to attack 
the illegal activities of criminal gangs. S. 10's new Federal 
gang crimes--characterized by the Justice Department as 
``cumbersome''--create the mirage that we are ``cracking down 
on gangs,'' when in fact, these laws are likely to gather dust 
in the statute books while prosecutors pursue anti-drug 
trafficking, witness intimidation, RICO, robbery, extortion, 
gun trafficking, or other prosecutions against gang 
members.148 We are also concerned that the new 
omnibus gang crime, with its lengthy list of predicate 
offenses, may create overlapping jurisdiction and potential 
conflicts among law enforcement agencies.
---------------------------------------------------------------------------
    \148\ Letter from Andrew Fois to Senator Orrin Hatch, July 9, 1997. 
The Judicial Conference's analysis of a precursor to section 203 is 
also instructive. The Conference notes:

        [T]he extreme complexity of the criminal gang provisions 
      would likely result in a great deal of protracted 
      litigation. For example, these provisions include a number 
      of interdependent definitions, such as ``criminal street 
      gang,'' ``predicate gang crime,'' ``pattern of criminal 
      gang activity,'' and ``unlawful activity,'' some of which 
      are not entirely clear, but all of which must be found to 
---------------------------------------------------------------------------
      apply for prosecution.

Letter from Maryanne Trump Barry, Chair, Committee on Criminal Law of 
the Judicial Conference of the United States, to Senator Fred Thompson, 
July 30, 1996, p. 4.
    The Federal Government can play a constructive role in 
assisting State and local law enforcement investigate and 
prosecute criminal gangs that are doing great damage in many of 
our cities and spreading their activities into suburbs, rural 
areas, and Indian country. For example, in 1995, Federal 
prosecutors in Connecticut obtained convictions against the 
entire statewide leadership of the Latin Kings on murder and 
other charges. Eight of the gang leaders were sentenced to life 
imprisonment; the ninth was sentenced to 35 
years.149 RICO prosecutions are also an effective 
tool to attack gangs as criminal organizations. In the first 9 
months of 1996, the Justice Department approved 33 gang-related 
RICO prosecutions, up from just 14 in all of 
1991.150 Federal prosecutors in Boston have also 
successfully prosecuted a number of gang members as part of 
Boston's gang suppression strategy.
---------------------------------------------------------------------------
    \149\ Department of Justice, Anti-Violent Crime Initiative: The 
Attorney General's Report to the President, September, 1996.
    \150\ Letter from Department of Justice, Organized Crime and 
Racketeering Section, to Senator John Ashcroft, Oct. 3, 1996.
---------------------------------------------------------------------------
    The Federal Government can also assist in local efforts to 
break up illegal gun distribution markets that feed weapons to 
gangs and other violent youths. Seventeen cities are currently 
participating in the Bureau of Alcohol, Tobacco, and Firearms's 
Youth Crime Gun Interdiction Initiative. These communities 
submitted more than 37,000 gun tracing requests to BATF, in an 
effort to identify the source of guns used in crimes and 
disrupt the illegal firearms markets.151 In Boston 
alone, gun tracing has linked guns to 17 homicides and 89 
shootings that would otherwise have been cold files sitting in 
prosecutors' offices.152
---------------------------------------------------------------------------
    \151\ Press Release, ATF News, July 19, 1997.
    \152\ ``S. 191, Criminal Use of Guns,'' hearing before the 
Committee on the Judiciary, U.S. Senate, 105th Cong., 1st sess. (1997) 
(testimony of Paul F. Evans).
---------------------------------------------------------------------------
    Title II of S. 10 does contain some useful anti-gang 
provisions relating to the creation of high intensity gang 
areas, inclusion of new RICO predicate crimes, and enhanced 
sentences for gang franchising. Senator Leahy's amendment--
endorsed by the Committee--added important provisions 
strengthening the Federal witness intimidation statute, 
increasing RICO penalties for gang activities, and extending 
the statute of limitations for murder.153 Likewise, 
an amendment by Senator Biden adopted by the Committee will 
target illegal gun markets by providing new criminal forfeiture 
authority to Federal law enforcement agencies and increasing 
penalties for assisting illegal purchases of firearms, 
transferring firearms with obliterated serial numbers, and 
firearms conspiracy.154
---------------------------------------------------------------------------
    \153\ S. 10, section 211-212, 518.
    \154\ S. 10, sections 505-510.
---------------------------------------------------------------------------
    These targeted measures, combined with increased Federal 
investigation and prosecution of criminal gangs, are the right 
ways to address this serious problem. Simply passing 
unnecessary new Federal crimes may sound tough, but will not 
deter or reduce illegal gang activities.

                               Conclusion

    Combating juvenile crime is a pressing national priority. 
Recent nationwide statistics, and the examples of cities such 
as Boston, show that we are making progress. However, the youth 
violence that occurs on a daily basis in many parts of the 
country is a grim reminder that we have a long way to go. This 
bill, while it may sound tough, does not take us in the right 
direction. In fact, the Coalition to Prevent Juvenile Crime, a 
nonpartisan group of prosecutors, police and corrections 
officials, has concluded that this bill will result in ``more 
severe crimes being committed on the streets * * * [and] 
greater injustices being perpetrated in jails.'' 155 
We must work to craft a bill that builds on recent successes in 
reducing juvenile crime and truly attacks the problems that 
persist. Regrettably, we are not there yet, and we therefore 
cannot support this bill.
---------------------------------------------------------------------------
    \155\ ``Lock Up a 13 Year Old With Murderers, Rapists And Robbers, 
And Guess What He'll Want to Be When He Grows Up,'' Washington Times, 
June 11, 1997, p. A-5.
---------------------------------------------------------------------------
                                   Patrick Leahy.
                                   Edward Kennedy.
                                   Joe Biden.
                                   Herb Kohl.
                                   Russell Feingold.
                                   Richard Durbin.

               VIII. ADDITIONAL VIEWS OF SENATOR GRASSLEY

    In my view, the current Federal laws dealing with juvenile 
crime are stuck in a timewarp. Twenty years ago, when these 
laws were first enacted, youthful offenders were not as violent 
and predatory as they are today. At that time, juveniles 
primarily committed petty offenses. So naturally, these Federal 
laws were an effort to deal with minor offenses committed by 
juvenile criminals. The ``Violent and Repeat Juvenile Offender 
Act of 1997'' modernizes the Federal laws dealing with juvenile 
crime so that Americans will be safer in their homes and their 
communities. Our first order of business in Congress is to 
protect the public from predators--no matter how young or old 
they are. I believe that it is a sad commentary that so many 
members of the minority on the Judiciary Committee opposed this 
important and badly needed legislation.
    I support smart crime prevention programs and I am pleased 
that the ``Violent and Repeat Juvenile Offender Act of 1997'' 
includes significant resources for prevention programs. 
However, it seems to me that many who blindly advocate 
prevention programs fail to understand that incarceration is 
the best form of crime prevention. When murderers, rapists and 
drug dealers are locked up, their ability to victimize law-
abiding Americans is greatly reduced. Because prison is a key 
component of preventing crime, this bill will encourage the 
States to lock up more violent juveniles for longer periods of 
time.
    Moreover, the ``Violent and Repeat Juvenile Offender Act of 
1997'' contains funds specifically targeted to non-
incarceration prevention programs. Those who criticize this 
bill as not providing enough for prevention resources can only 
mean that resources directed toward incarceration should be 
diverted for other types of prevention programs. I believe that 
this perspective is wrong for America. It will result in more 
murderers, rapists and drug dealers roaming America's streets, 
and represents an unreasonable adherence to a liberal vision of 
our Nation which has demonstrably failed in protecting law-
abiding Americans from criminals. It is time to stop coddling 
vicious criminals.
    One feature of this bill which I believe has been a long 
time in coming is graduated sanctions. An obvious way of 
preventing future crime is to send a clear message the very 
first time a juvenile enters the criminal justice system. If a 
juvenile who has committed a crime walks away with no 
consequences, that young person has learned that crime is OK 
because there are no consequences. It is human nature for young 
people to push the envelope. When I conducted a series of town 
meetings in Iowa on juvenile crime, one of the messages I heard 
over and over is that kids need to know that there are 
consequences for their actions. So, graduated sanctions--where 
juveniles feel some discomfort the first time they get caught--
is key to deterring and preventing juvenile crime.
    Unfortunately, the so-called Federal mandates currently 
associated with federal law have had the practical effect of 
giving juveniles a ``get out of jail free card.'' The status 
offender mandate, which has really caused havoc in my home 
State, means that teens can buy cigarettes or liquor without 
consequence. They can skip school or run away from home without 
consequence. This must end.
    In the Judiciary Committee, I worked with Senator Biden to 
develop a reasonable compromise to change this out-dated 
mandate. The compromise status offender amendment is more 
flexible than current law in important respects. When Senator 
Sessions chaired a hearing on the mandates, Judge Don Reader, a 
juvenile justice judge with decades of experience dealing with 
juvenile criminals, indicated that judges need to be able to 
hold runaways for 12 days to assess what is best for the child. 
Under the Biden-Grassley amendment, judges will be able to hold 
runaways for up to 14 days to assess what is in the best 
interest of the child.
    But I have never heard someone say the other status 
offenders, like truants and curfew violators, need to be 
detained for a long period of time. So, under the Biden-
Grassley amendment, status offenders other than runaways can be 
held for up to 3 days. When I was in Iowa, a prosecutor told me 
how he had dealt with a chronic truant. He arranged with a 
local judge to lock him up for just 1 night. Since this one 
night of incarceration, that chronically truant child has not 
missed any school. So 3 days for truants and curfew violators 
should be more than sufficient. In short, the Biden-Grassley 
amendment provides states with greater flexibility than current 
law but focuses that flexibility on the specific situations 
where it is most needed.
    It is important to understand that current law regarding 
runaways is causing real problems in human terms. This year, 
when the Youth Violence Subcommittee held a hearing on the 
mandates, Ms. Judy Nish of Marion, Iowa, came to testify to the 
Subcommittee about how the status offender mandate had 
disrupted her family. Because of the mandate, Ms. Nish could 
not get the police to detain her daughter who was habitually 
running away from home. Ms. Nish's daughter ended up living 
with her adult boyfriend. As Ms. Nish put it, ``everyone gets 
to parent my child but me. And I'm tired of it.'' Partly as a 
result of Ms. Nish's situation, both houses of the Iowa 
legislature passed a resolution asking the Federal Government 
to abolish the status offender mandate outright.
    In that same hearing, Judge Reader--who has over 20 years 
of experience as a juvenile judge--stated that based on his 
extensive experience, runaways need to be held for their own 
good. Since runaways cannot be held because of the status 
offender mandate, what happens to them? According to Judge 
Reader's testimony, these children are drawn into prostitution 
and drug dealing. Many become prey to violent adult predators. 
Some end up being abused in child pornography. In other words, 
the status offender mandate has created a ready pool of young 
people who are horribly victimized by pimps and pornographers. 
While I understand the good intentions behind the status 
offender mandate, the reality is that this mandate actually 
harms children. I believe that the Biden-Grassley amendment 
will go a long way toward fixing this problem.
    On another matter related to juvenile justice reform, the 
Judiciary Committee acceptedan amendment I offered with Senator 
Feinstein so that parks and recreation authorities are eligible to 
receive Federal prevention funds. Some States, like Iowa, do not have 
very many Boys and Girls Clubs. Public park and recreation authorities 
are well prepared to provide after-school education, gang prevention, 
mentoring and other prevention programs. My amendment makes it clear 
that parks and recreation centers or community-based non-profits are 
eligible to receive prevention dollars in those States. The amendment 
also provides that neither the parks and recreation authorities nor the 
community-based non-profits will supplant existing public or non-profit 
programs, such as Boys and Girls Club. Accordingly, no one who is a 
supporter of Boys and Girls Clubs should feel threatened by this 
amendment.
    The Judiciary Committee accepted a narrowed version of an 
amendment I offered to make America's schools safer by removing 
drugs, alcohol, and tobacco. The original version of this 
amendment would have mandated that students found to be in 
possession of illegal narcotics on school grounds on even one 
occasion be expelled from school for 1 year. The original 
amendment would also have required a 1-year period of expulsion 
for any underage student found to be in regular possession of 
alcohol or tobacco on school premises. Since some members of 
the Committee expressed concerns that the amendment was overly 
broad, I narrowed it significantly. As modified and accepted by 
the Committee, the new amendment was narrowed so that:
          (A) Only students who bring enough illegal drugs to 
        school to be prosecuted for possession with intent to 
        distribute will be expelled for a year. This provision 
        will help get drug pushers off school grounds.
          (B) Underage students who--on a regular basis--bring 
        tobacco or alcohol to school will be expelled for up to 
        6 months. If minors cannot smoke or consume alcohol, it 
        is logical to say that they should not smoke or consume 
        alcohol on school premises either.
          (C) Students who bring small quantities of illegal 
        drugs--not enough to create a presumption of intent to 
        distribute--will be expelled for a period from 1 week 
        to 6 months. Even small quantities of illegal drugs on 
        school grounds can be dangerous. Even a small amount of 
        methamphetamine or crack consumed by a student can 
        present a safety risk to other students.
    I believe that my amendment will protect law-abiding 
students who come to school to learn. Too many times, Congress 
focuses its attention on the particular needs of disruptive 
students, who misbehave and make it difficult for the students 
who follow the rules to learn. While we should and must punish 
wrongdoers, I think it is just as important to protect the 
young people who go to school to learn. As we all know, some of 
America's schools have become very dangerous. When parents send 
their children off to school, they have a right to expect that 
the schools will not be havens for drug pushers, drugs or drug 
paraphernalia. My amendment will at least help give parents a 
little more peace of mind.
    Finally, I would like to echo a point made when the 
original Gun-Free Schools Act, which my Safe Schools amendment 
expands, was on the floor of the Senate in 1994. At that time, 
Senator Dorgan said:

          And what is happening, in too many cases in our 
        schools, is a direct reflection of a lot of other 
        things in our society that cause all of us great 
        anxiety and cause us to wonder how on Earth are we 
        going to put this back together. How are we going to 
        respond to the epidemic of crime so people in this 
        country--especially our children in school--can feel 
        safe?

        See 140 Cong. Rec. at S6587.

I think that Senator Dorgan had it exactly right back in 1994. 
But since then, we know that teen drug use has risen 
dramatically. So, my amendment responds to this changed 
situation. As we all know, drug pushers carry guns. So it is 
likely that some of the students who carry guns to schools are 
also somehow involved in illegal drugs. And among teens who are 
beginning to experiment with drugs, tobacco and alcohol use is 
often an early sign that a teen is going to be involved in the 
use of controlled substances. Many substance abuse counselors 
believe that alcohol abuse by teens is often a gateway to other 
substance abuse problems. My amendment therefore separates 
students who regularly and flagrantly use tobacco or alcohol in 
school from other students who follow the rules. This will 
create a safer and more secure environment for students to 
learn and grow.
    The Committee also accepted an amendment I offered to 
require States who wish to receive Federal prevention funds to 
put in place procedures for testing child molesters, child 
rapists and child pornographers for sexually transmitted 
diseases. These people should be tested to see whether they 
have a sexually transmitted disease. And the victim or the 
family of the victim should be notified of the results. In this 
day and age, with incurable sexual diseases, the victims have a 
right to know.
    My amendment also provides that sentencing authorities will 
be notified of the results of this test. It is important for 
judges and parole boards to know whether a defendant created a 
higher degree of harm by exposing a child to a sexual disease. 
That is surely relevant to sentencing criminals and there is no 
good reason for sentencing authorities to be denied this 
information.
    The ``Violent and Repeat Juvenile Offender Act of 1997'' 
represents a breath of fresh air in congressional policy toward 
juvenile crime. This legislation wisely abandons decades of 
ill-conceived policies which have clearly failed to protect the 
American people from an increasingly violent cadre of underage 
criminals. This legislation will put more hard-core juvenile 
offenders in jail for longer periods of time and give law 
enforcement the tools they need to protect the public.
                                                    Chuck Grassley.

       IX. ADDITIONAL VIEWS OF SENATORS FEINSTEIN AND TORRICELLI

    We believe that this bill will meaningfully address the 
problem of youth violence in America. Crimes committed by 
youths are growing increasingly violent, and this legislation 
will enable the Federal Government to help the States to 
confront this challenge, through increased flexibility for 
prosecutors, significant changes to Federal law to counter the 
interstate spread of criminal gangs, greater protection of the 
public through improved juvenile records systems, and a 
substantial increase in aid to States for this purpose.
    However, we write separately because we believe that 
significant changes could and should be made to this 
legislation to help it more effectively meet these challenges. 
Specifically, in addition to the views expressed by Senator 
Kohl on the need to deal with the problem of gun violence, 
which we have joined, we share the concern of the minority with 
respect to the need for maintaining the separation of juveniles 
and adults in incarceration, for preventing the 
institutionalization of status offenders, and for significantly 
increasing the resources which the bill dedicates to preventing 
juveniles from becoming involved with crime in the first place. 
We have a real concern that this Act should not set the law 
back with respect to the treatment of juveniles who come into 
the custody of the criminal justice system. This legislation 
should consistently decrease juvenile crime; allowing 
juveniles, who may only have committed minor status offenses 
such as underage smoking or running away from home, to be 
incarcerated with adult criminals can only help to train them 
in a life of crime, as well as bring us back to the old days 
when suicides of juveniles in custody were, tragically, much 
more common than they are now.
    We are hopeful that these shortcomings can be addressed on 
the floor, and will work to do so, so that this good 
legislation can be made better.
                                   Dianne Feinstein.
                                   Robert G. Torricelli.

                   X. MINORITY VIEWS OF SENATOR BIDEN

    When addressing the problem of juvenile crime and violence, 
national policymakers should be taking aim at three different 
groups of youth: the relatively small number of juveniles who 
have committed serious violent crimes, minor offenders who are 
still capable of being turned around, and the burgeoning 
population of at-risk youth who will soon be entering their 
most crime prone years. Unfortunately, the bill reported by the 
Judiciary Committee falls far short of delivering what is 
needed for each of the three populations.

                       Violent Juvenile Offenders

    We must take strong measures to deal with the tragic cases 
of young children who commit violent, and sometimes heinous, 
crimes. Clearly, the approximately 3,000 juveniles who commit 
murder each year and the 100,000 other juveniles that commit 
serious violent felonies must be kept behind bars for a long 
time. Although not all of these children are irretrievable, 
many are and must be kept out of our communities.
    S. 10 falls far short of what is needed to address this 
population--as it provides far too little funding to assist 
juvenile prosecutors and courts in punishing violent youth and 
fails to take any effective steps to curb the illegal gun 
trafficking that is fueling our youth violence epidemic.
     Juvenile courts across the Nation are overwhelmed 
with cases and clogged to the point of ineffectiveness. In 
Chicago, a staggering 70 percent of all juvenile cases are 
being dismissed due to lack of prosecutorial resources. As one 
commentator noted, this type of revolving door justice 
``fosters cynicism about the court, makes the public and crime 
victims mad and teaches young people that justice is a joke.'' 
Yet, in the face of this evidence, the Republicans have 
rejected the administration's call for $100 million in 
additional funding for hiring juvenile prosecutors and judges 
and operating innovative criminal justice programs to fight 
youth violence. Such funding would help relieve the stress on 
our juvenile criminal justice system and allow local 
governments to establish programs like Boston's ``Operation 
Nightlight''--which has been enormously successful in reducing 
youth crime by putting probation officers (who know which kids 
on the street are the troublemakers) out on patrol with the 
police.
     No serious effort to stem juvenile crime can 
ignore the undeniable fact that easy access to guns is directly 
responsible for the increase in youth violence. The statistics 
speak for themselves:
          Juvenile handgun murders increased from 358 to 1,856 
        between 1984 and 1994;
          25 percent of juveniles arrested admitted to having 
        stolen at least one gun; and .
          One out of four teenage deaths resulted from a 
        firearms injury.
    S. 10 looks the other way when it comes to guns. The 
Committee:
          Failed to address the ``Juvenile Brady'' effort to 
        prohibit immediately juvenile murderers, rapists, and 
        carjackers from owning guns for the rest of their 
        lives;
          Rejected my proposal to punish a person who transfers 
        a firearm ``having reasonable cause to believe'' it 
        will be used in a violent or drug trafficking crime; 
        and
          Defeated my proposal to increase the punishment for 
        using laser-sights on firearms, which make firearms 
        more threatening to law enforcement fighting gangs and 
        crime on the street.
    The failure to take action against guns in the hands of 
children will inevitably and severely handicap any effort to 
target the most violent and dangerous young criminals.
    The solution proposed by the Committee for violent juvenile 
crime is to try morejuveniles as adults in the Federal system 
and encourage states to try more juveniles as adults as well. But 
virtually every study shows that this policy will actually be 
counterproductive. Juveniles tried as adults are more likely to be put 
on probation, spend less time in prison, and commit more crimes in the 
future than juveniles tried and sentenced in the juvenile system. I 
also believe the Committee's decision to give prosecutors sole 
discretion to try juveniles as adults is a serious mistake. If a 
prosecutor wishes to try a juvenile in adult court, the prosecutor 
should at least be required to convince a judge that this is a wise 
course of action.

          Non-Violent Offenders in the Juvenile Justice System

    S. 10 is almost sure to do more harm than good for the 
600,000 young people who commit nonviolent crimes each year by 
removing the legal restrictions that keep kids out of adult 
jails. These kids will be back on the street in a short period 
of time--we need to do what we can while they are in custody to 
turn them around, not expose them to hardened adult criminals 
who will serve as negative role models and, in some cases, 
threaten the safety of these nonviolent offenders.
    The bill permits juveniles in state custody:
          To be placed in cells next to adult prisoners;
          To be in physical proximity with adult prisoners so 
        long as a guard is present;
          To have ``intermittent'' physical contact with adult 
        prisoners; and
          To communicate with adult prisoners so long as 
        ``threats'' cannot be ``easily heard''
The result of these changes will be that each year 600,000 
nonviolent young offenders will be released as worse 
criminals--and much more likely to join the ranks of very 
violent children--not to mention the possibility that they 
might be assaulted, raped, or sodomized by the adult prisoners 
while inside an adult facility.
    The Committee took a positive step in the Federal system by 
adopting my amendment prohibiting physical and sound contact 
between juvenile and adult offenders. The bill should be 
further modified by extending the separation requirement to the 
thousands more juveniles in state custody.
    Unfortunately, the Committee also rejected Senator 
Specter's amendment, thereby ensuring that there will be no new 
funding for improving the chance that juvenile offenders will 
not return to crime by teaching them to read, giving them job 
skills, and providing drug treatment while under the 
supervision of the juvenile justice system.

                              At-Risk Kids

    The Committee's bill does virtually nothing to address the 
third category of children--the 39 million children now 10 
years old or younger (the so-called ``baby-boomerang'') that 
stands on the edge of their teen years, when they are most at-
risk of turning to drugs and crime.
    For this group of children, we need to start investing in 
what has become a ``dirty word'' in Washington but prosecutors 
and police chiefs across the country strongly support--
prevention. The logic of prevention is straightforward: since 
we know that the juvenile crime rate is the highest between 2 
p.m. and 6 p.m. on school days, we should provide kids with 
productive activities during that time so they are less likely 
to get involved in crime and drugs or become victims of crime. 
It is that simple.
    S. 10, however, provides no new assured funding for 
prevention. To be sure, prevention is listed as one of the 
permissible uses for the new $500 million block grant, but 
experience has shown that prevention rarely wins the budget 
battles over block grant funds. Juvenile prisons, drug testing 
and recordkeeping all get guaranteed specific funding--
prevention programs get no such promise. Supporters of the bill 
cannot say ``we're for prevention'' on one hand, but then on 
the other, give prevention the short shrift by failing to 
provide any assurances that programs will be funded.

                               Conclusion

    The Committee bill fails on all three fronts:
          Instead of targeting violent juveniles by providing 
        greater resources for prosecutors and juvenile courts 
        and getting guns out of the hands of violent offenders, 
        it endorses the counterproductive path of trying more 
        juveniles as adults;
          Instead of trying to improve the life prospects of 
        nonviolent offenders who will soon be back in our 
        communities, the bill would allow them to be placed in 
        cells next to grizzled adult criminals--making them 
        more likely to engage in future crimes, not less; and
          Instead of investing in after school prevention 
        programs to keep our growing population of young people 
        safe and off the street corners until their parents get 
        home from work, the bill directs that scarce Federal 
        resources be spent elsewhere.
    It is my hope that a juvenile crime bill that takes seroius 
policy-based efforts against all three elements of the youth 
crime and drug problem will be enacted during this session of 
Congress. I will continue to work with my colleagues to seek 
improvements in the Committee's legislation when it is 
considered by the full Senate. But, in its present form, the 
Committee's bill does not pass this test.

                                                         Joe Biden.

  XI. SUPPLEMENTAL VIEWS OF SENATORS KENNEDY, BIDEN, KOHL, FEINSTEIN, 
                         DURBIN, AND TORRICELLI

    The most glaring omission in the bill reported by the 
Committee is its failure to take seriously the undeniable 
reality that our juvenile violence and gang epidemics are 
fueled by guns. Gun use by juveniles is rampant. The result is 
devastating. Guns kill over 5,000 children and teenagers each 
year and injure thousands more.1 The plain truth is 
that unless we reduce the flow of firearms into the hands of 
our children, we will not see a substantial reduction in youth 
crime.
---------------------------------------------------------------------------
    \1\ National Center of Health Statistics, cited in CDF Reports, 
August 1997, at 13 (table 2).
---------------------------------------------------------------------------
    The statistics paint a very grim picture. Virtually the 
entire 153-percent increase in juvenile homicides from 1985 to 
1995 was due to firearms.2 Juveniles killed by an 
unknown assailant with a firearm increased 140 percent from 
1980 to 1994.3 The proportion of juvenile homicide 
offenders using a gun increased from 53 percent in 1983 to a 
staggering 82 percent in 1994.4 Forty-two percent of 
all students in 1993 reported that weapons were present in 
their school.5 Moreover, the United States lags 
behind other nations in addressing this problem: according to 
the Centers for Disease Control, the rate of firearms deaths 
among children 14 years old and younger is 12 times higher in 
the United States than in 25 other industrialized countries 
combined.6
---------------------------------------------------------------------------
    \2\ While non-firearm murders increased by only 9 percent from 
1985-1995, the number of juveniles murdered with firearms increased by 
153 percent. Sickmund, Snyder & Poe-Yamagata, ``Juvenile Offenders and 
Victims: 1997 Update on Violence,'' at 1 (National Center for Juvenile 
Justice: June 1997) (pre-publication draft).
    \3\ Sickmund, Snyder & Poe-Yamagata, ``Juvenile Offenders and 
Victims: 1996 Update on Violence,'' at 3 (National Center for Juvenile 
Justice: February 1996).
    \4\ Id. at 24.
    \5\ Id. at 7.
    \6\ Centers for Disease Control and Prevention, ``Morbidity and 
Mortality Weekly Report,'' Feb. 7, 1997, at 101.
---------------------------------------------------------------------------
    We also know that a critical part of Boston's success in 
virtually ending juvenile gun homicides for 2 years has 
resulted, in part, from its efforts to target and eliminate 
illegal gun markets.7
---------------------------------------------------------------------------
    \7\ National Institute of Justice, ``Research Preview: Juvenile Gun 
Violence and Gun Markets in Boston'' (March 1997).
---------------------------------------------------------------------------
    The administration and Committee Democrats proposed a 
variety of approaches to crack down on gun traffickers and 
reduce the flow of firearms into the hands of gangs and 
juveniles. Virtually all of these proposals were rejected or 
watered down by the Committee.8
---------------------------------------------------------------------------
    \8\ The Committee did accept a modified version of a Biden 
amendment concerning guns which expanded the authority of Federal law 
enforcement to obtain forfeitures of firearms and increased the 
penalties for participating in gun trafficking conspiracies, aiding and 
abetting straw purchases of firearms, and possessing or transferring 
firearms with obliterated serial numbers. And the Committee accepted 
Senator Kennedy and Senator DeWine's amendment that encourages 
communities to trace crime guns to their original sources by giving 
priority for Byrne Grants to communities with gun tracing programs.
---------------------------------------------------------------------------

                         1. Child Safety Locks

    In our opinion, the bill would be significantly 
strengthened if it required the sale of child safety locks with 
every handgun--a proposal endorsed by major law enforcement 
organizations like the International Brotherhood of Police 
Organizations, one of the Nation's largest police unions, and 
the Major City Chiefs, an association of police chiefs and 
sheriffs from the Nation's largest jurisdictions. The 
Committee, however, narrowly defeated--by a one-vote margin--
Senator Kohl's safety lock amendment, which would require that 
every handgun be sold with a safety lock, and every firearm be 
sold with a written warning advising gun owners of the risks of 
improper storage and explaining how to store firearms safely.
    Child safety locks are a commonsense measure that can save 
countless lives by preventing young people from misusing 
handguns. Currently, too many firearms are easily accessible to 
children. A recent National Institute for Justice study 
reported that more than one-half of the nearly 200 million 
privately owned firearms in this country are left 
unlocked.9 And 22 million handguns--over one-third 
of all privately owned handguns--are kept unlocked and 
loaded.10 Alarmingly, the Centers for Disease 
Control estimates that almost 1.2 million elementary school-
aged children return from school to a home where there is no 
adult supervision but at least one firearm.11
---------------------------------------------------------------------------
    \9\ Philip J. Cook & Jens Ludwig, ``Guns in America: National 
Survey on Firearms,'' National Institute for Justice Research in Brief, 
at 7 (May 1997).
    \10\ Id. at 5, 7.
    \11\ Robert K. Lee & Jeffrey J. Sacks, Letter to Editor, 264 
Journal of the American Medical Association 2210 (Nov. 7, 1990).
---------------------------------------------------------------------------
    This easy access has a devastating impact. Each year, 
nearly 500 children and teenagers are killed, and thousands are 
injured, in gun-related accidents.12 Additionally, 
almost 1,500 children and teenagers commit suicide with guns 
each year.13 The use of safety locks would clearly 
save many of these young lives. And handgun buyers will be most 
likely to use a safety lock if they are required to buy one, 
just as car drivers and passengers were more likely to use seat 
belts once Congress required that seat belts be installed.
---------------------------------------------------------------------------
    \12\ National Center of Health Statistics, cited in CDF Reports, 
August 1997, at 13 (table 2) (annual average of 492 accidental deaths 
by firearms among children age 19 and under for 1993-95).
    \13\ Id. (annual average of 1,492 suicides by firearms among 
children age 19 and under for 1993-95).
---------------------------------------------------------------------------
    Significantly, this measure also can help reduce violent 
crime, in spite of opponents' mistaken claims that it is not 
relevant to a violent crime bill. Each year, over 7,000 violent 
crimes are committed by juveniles using guns found in their own 
homes.14 If safety locks are used on these guns, 
many of these violent crimes would be prevented.
---------------------------------------------------------------------------
    \14\ National Center for Juvenile Justice, ``National Estimates of 
Violent Crimes Committed by Juveniles with a Firearm in 1995'' (June 
1997) (estimating that juveniles use firearms to commit over 67,000 
violent crimes in a given year); Bureau of Alcohol, Tobacco and 
Firearms, ``Juvenile Firearms Information,'' at 3 (Report of Juvenile 
Firearms Trace Initiative of 1993) (11 percent of all firearms 
recovered from juveniles who committed violent crimes were taken from 
their homes, rather than obtained by other means like being given to 
juveniles or purchased on the street).
---------------------------------------------------------------------------
    The arguments raised against safety locks ring hollow, 
especially in light of the recent announcement by eight of--the 
Nation's largest handgun manufacturers that they will 
voluntarily comply with the heart of Senator Kohl's amendment 
by packaging a child safety lock with every handgun they sell. 
These handgun manufacturers, like supporters of Senator Kohl's 
amendment, recognize as groundless arguments which suggest that 
including safety locks with handguns will somehow create new 
liabilities or hinder the use of firearms for self-
defense.15 Furthermore, requiring the purchase of a 
safety lock, but not its use, in no way threatens the right of 
a handgun owner to choose another method of storage or to elect 
not to store the firearm safely at all. Finally, any suggestion 
that safety locks are merely part of an anti-gun agenda, rather 
than a pro-safety measure, falls on deaf ears given this 
endorsement of safety locks by these respected gun 
manufacturer.
---------------------------------------------------------------------------
    \15\ There is no reason to believe that this amendment will create 
any new liabilities. Individuals already may be held liable under 
current negligence law for failure to store guns safely, and in 15 
States adults may be held criminally liable for unsafely storing 
firearms. Moreover, to put any lingering concerns to rest, we are 
considering how to address those concerns with new language.
    Concerns about jeopardizing the ability to use firearms for self-
defense are also unfounded. Initially, gun owners ultimately choose 
whether or not they will use safety locks; Senator Kohl's amendment 
simply requires that they buy one. Moreover, locks generally can be 
disengaged in seconds, which ``conveniently preserv[es] access to guns 
used for self-protection.'' ``Gun Locks,'' Gun Tests: The Consumer 
Resource for the Serious Shooter, at 23 (September 1993).
---------------------------------------------------------------------------
    Nothing less than full voluntary compliance or requiring 
the sale of a safety lock with every handgun so that all 
handguns sold include safety locks--will be effective.\16\ The 
alternative to Senator Kohl's amendment (which was incorporated 
into the bill by amendment after the Kohl amendment was 
defeated) requires licensed firearms dealers to have safety 
locks available for sale, and permits the use of certain grant 
monies for education and training regarding firearm possession, 
use and storage. However, this measure is only likely to have a 
marginal impact at best. Even the Majority Report admits that 
safety locks and other safety devices are already available in 
``virtually any'' gun store. And safety training alone does not 
appear to increase safe firearms storage. According to the 
Police Foundation and the National Institute for Justice, 
adults who have received formal firearms training are still as 
likely as those without training to keep a gun loaded and 
unlocked.17
---------------------------------------------------------------------------
    \16\ The voluntary agreement announced on Oct. 9, 1997, does not 
cover approximately 500,000 handguns marketed in the United States each 
year, because the manufacturers of at lest 20 percent of all handguns 
were not parties to the agreement.
    \17\ Philip J. Cook & Jens Ludwig, ``Guns in America: Results of a 
Comprehensive National Survey on Firearms Ownership and Use,'' at 21-23 
(Police Foundation 1996); Philip J. Cook & Jens Ludwig, ``Guns in 
America: National Survey on Firearms,'' National Institute for Justice 
Research in Brief, at 7 (May 1997).
---------------------------------------------------------------------------
    In short, this alternate measure merely gives consumers the 
opportunity they already have to buy safety locks, but does 
nothing to require that safety locks be purchased or to 
encourage their use. Instead, Congress needs to take action 
that will actually protect children by increasing the use of 
child safety locks, as Senator Kohl's amendment would do.

         2. Gun Ban on Dangerous Juveniles (``Juvenile Brady')

    The Committee failed to incorporate into the bill the 
administration's proposal to extend the Federal gun ban to 
dangerous juvenile delinquents. This effort is essential to 
preventing juvenile murderers, rapists, carjackers, and major 
drug dealers from owning guns for the rest of their lives.
    Under Federal law, fugitives, felons, and other prohibited 
persons (such as drug addicts or illegal aliens) may not 
possess or transfer firearms.18 It is also a crime 
to knowingly sell firearms to such persons.19 Under 
the Brady law, prospective handgun purchasers must certify that 
they are not disqualified from purchasing a gun under Federal 
or State law, and wait 5 days to purchase the gun, unless a 
local law enforcement officer conducts a background check and 
finds that the purchaser is not disqualified from gun 
ownership.20
---------------------------------------------------------------------------
    \18\ 18 U.S.C. 922(g).
    \19\ 18 U.S.C. 922(d).
    \20\ 18 U.S.C. 922(s).
---------------------------------------------------------------------------
    Juvenile delinquency adjudications, however, do not trigger 
the Federal gun ban or the Brady law. The Committee failed to 
accept an amendment authored by Senators Biden, Kennedy, and 
Kohl, however, that would have remedied this gap in the law. 
The amendment would have provided that any juvenile adjudicated 
delinquent for a serious violent or drug crime after the 
enactment of S. 10 would be subject to the Federal gun ban and 
the Brady law. Only dangerous criminals would be covered, since 
the gun ban and Brady law would be triggered by the same 
offenses as the Federal ``three-strikes'' laws, such as murder, 
rape, carjacking, kidnaping, robbery, extortion, arson, and 
firearms use, as well as, drug offenses involving, for example, 
1 kilogram of heroin, 5 kilograms of cocaine, or 100 grams of 
methamphetamine.
    We also note that this proposal is not adversely affected 
by the Supreme Court's decision on the Brady law, Printz v. 
United States.21 That decision only struck down as 
unconstitutional an interim provision requiring local law 
enforcement officials to conduct background checks on 
prospective handgun purchasers. It has no impact on the vast 
majority of local law enforcement officials, who continue to 
conduct the background checks voluntarily. And it does not 
affect the permanent provisions of the Brady law, which require 
that background checks be conducted through the Federal instant 
check system, which will be in place by December 1998.
---------------------------------------------------------------------------
    \21\ 117 S. Ct. 2365 (1997).
---------------------------------------------------------------------------
    Regardless of the Court's decision, if the Brady law were 
expanded to cover dangerous juvenile delinquents:
           handgun purchasers would have to certify 
        that they had not committed serious juvenile offenses;
           sheriffs who voluntarily perform background 
        checks, and Federal officials operating the instant 
        check system, would have to report serious juvenile 
        offenses; and
           persons whose background checks reveal 
        serious juvenile offenses could not purchase handguns.
    Prohibiting sales to dangerous juveniles will build on the 
proven success of the Brady law. As of June 1, 1997, an 
estimated 250,000 gun sales to fugitives, felons, and other 
prohibited persons have been stopped; 22 we expect 
that this figure will be substantially increased once dangerous 
juvenile offenders are also precluded from purchasing handguns.
---------------------------------------------------------------------------
    \22\ Dan Mason & Gene Lauver, ``Presale Firearms Checks,'' at 1 
(Bureau of Justice Statistics, February 1997).
---------------------------------------------------------------------------

3. Criminalizing the Transfer of Firearms ``Having Reasonable Cause To 
     Believe'' the Firearms Will be Used in a Violent or Drug Crime

    A majority of the Committee also refused to accept a 
straightforward proposal to expand the law making it a crime to 
transfer a firearm with knowledge that it would be used in a 
violent or drug crime. Senator Biden proposed to lower the 
scienter requirement to enable prosecutions where an individual 
had ``reasonable cause to believe'' that the firearm would be 
used in a drug or violent crime. Strangely, members of the 
Committee objected to use of the ``reasonable cause to 
believe'' standard, even though it is used in at least 15 
criminal laws, including a virtually identical provision in the 
Anti-Terrorism and Effective Death Penalty Act of 1996 (18 
U.S.C. 844(o)), which made it a crime to transfer explosives to 
someone who has ``reasonable cause to believe'' the explosives 
will be used to commit a violent or drug trafficking 
crime.23 There was no explanation provided why the 
standard applicable to firearms offenses should be any 
different from the standard for explosive offenses or the 14 
other criminal laws cited.
---------------------------------------------------------------------------
    \23\ The other laws are: 18 U.S.C. 842(h), 18 U.S.C. 922(a)(5), 18 
U.S.C. 922(b)(1), 18 U.S.C. 922(b)(3), 18 U.S.C. 922(d), 18 U.S.C. 
922(f)(1), 18 U.S.C. 922(i), 18 U.S.C. 922(j), 18 U.S.C. 922(q)(2)(A), 
18 U.S.C. 924(b), 18 U.S.C. 960(d)(3), 18 U.S.C. 964(a), 21 U.S.C. 
841(d)(2), and 21 U.S.C. 843(a)(7).
---------------------------------------------------------------------------

                       4. Laser Sighting Devices

    Another flaw in the bill reported by the Committee is the 
failure to impose additional punishment on gang members, 
violent juveniles, and other criminals that use a new, deadly 
weapon--the laser sight. These devices--easily attached to 
handguns--turn criminals into deadly accurate marksmen. As the 
Chicago Tribune reported last year, there was a time when 
police counted on the poor aim of gang members for 
survival.24 The proliferation of laser sighting 
devices, however, is putting police officers and our 
communities at greater risk. As an advertisement for the 
``LaserMax'' brags, the laser-sight provides ``unquestionable 
intimidation.'' 25
---------------------------------------------------------------------------
    \24\ Lori Lessner, ``Gangs Go High Tech By Using Laser Gun 
Sights,'' Chicago Tribune, Apr. 8, 1996, at 7.
    \25\ Advertisement, Guns & Ammo July 1996, at 23.
---------------------------------------------------------------------------
    Unfortunately, the Committee rejected Senator Leahy and 
Biden's proposal to create a sentencing enhancement for 
criminals who possess these ``intimidating'' laser-sights or 
other target enhancing devices in the course of a crime. Even 
though this proposal was narrowed during markup to cover only 
criminals that actually ``use'' a laser-sight to meet the 
concerns raised by some Committee members, the amendment was 
defeated by a 8-9 vote. 26
---------------------------------------------------------------------------
    \26\ The laser-sight provision was included in a larger ``anti-
gang'' package proposed by Senator Leahy. This package was approved by 
unanimous consent after the laser-sight provision was omitted.
---------------------------------------------------------------------------
    The amendment would not ban or restrict the sales of laser-
sighting devices; it would only lengthen the sentence of 
someone convicted of a Federal crime. In short, the amendment 
applies to criminals, not law-abiding gun owners. Moreover, to 
qualify for the enhancement, the defendant would have to 
``possess'' the device in the course of the criminal conduct. 
Mere possession of a laser-sight would not be a crime.
    However, proof that the laser sight was actually attached 
to a firearm would not be required. These devices can be 
installed or detached in minutes,27 so it will be 
difficult for prosecutors to prove that a device was attached 
to the firearm at the time of the crime. In any event, because 
the mere availability of the device will embolden the criminal 
intending to use a firearm, possession of the device, 
regardless of whether it was attached to the firearm, warrants 
the imposition of a more severe sentence.
---------------------------------------------------------------------------
    \27\ Advertisement--LaserMax, Guns & Ammo, July 1996, at 23 
(``install in minutes''); Advertisement--Laser Devices, Inc., Gun 
World, April 1996, at 13 (``installs in minutes,'' ``fits virtually all 
handguns'').

                                   Ted Kennedy.
                                   Joe Biden.
                                   Herb Kohl.
                                   Dianne Feinstein.
                                   Dick Durbin.
                                   Robert G. Torricelli.

                      XII. CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 10, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets; new matter is 
printed in italic; existing law in which no change is proposed 
is shown in Roman):

                           UNITED STATES CODE

          * * * * * * *

             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

          * * * * * * *

                          PART III--EMPLOYEES

                     Subpart D--Pay and allowances

          * * * * * * *

                   CHAPTER 53--PAY RATES AND SYSTEMS

          * * * * * * *

              Subchapter II--Executive Schedule Pay Rates

Sec. 5312. Positions at level I

          * * * * * * *

Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          * * * * * * *
          [Administrator, Office of Juvenile Justice and 
        Delinquency Prevention] Administrator, Office of 
        Juvenile Crime Control and Accountability
          * * * * * * *

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

          * * * * * * *

                            PART I.--CRIMES

                     CHAPTER 1--GENERAL PROVISIONS

Sec.
[1. Repealed.]
12. United States Postal Service defined.
          * * * * * * *
24. Definitions relating to Federal health care offense.
25. Use of minors in crimes of violence.
          * * * * * * *

Sec. 24. Definitions relating to Federal health care offense

    (a) As used in this title, the term ``Federal health care 
offense'' means a violation of, or a criminal conspiracy to 
violate--
          * * * * * * *
    (b) As used in this title, the term ``health care benefit 
program'' means any public or private plan or contract, 
affecting commerce, under which any medical benefit, item, or 
service is provided to any individual, and includes any 
individual or entity who is providing a medical benefit, item, 
or service for which payment may be made under the plan or 
contract.

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 meaning given the term in section 16 
        of this title.
          (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.
          * * * * * * *

                       CHAPTER 11A--CHILD SUPPORT

Sec.
228. Failure to pay legal child support obligations.

[Sec. 228. Failure to pay legal child support obligations

    [(a) Offense.--Woever willfully fails to pay a past due 
support obligation with respect to a child who resides in 
another State shall be punished as provided in subsection (b).
    [(b) Punishment.--The punishment for an offense under this 
section is--
          [(1) in the case of a first offense under this 
        section, a fine under this title, imprisonment for not 
        more than 6 months, or both; and
          [(2) in any other case, a fine under this title, 
        imprisonment for not more than 2 years, or both.
    [(c) Restitution.--Upon a conviction under this section, 
the court shall order restitution under section 3663 in an 
amount equal to the past due support obligation as it exists at 
the time of sentencing.
    [(d) Definitions.--As used in this section--
          [(1) the term ``past due support obligation'' means 
        any amount--
                  [(A) determined under a court order or an 
                order of an administrative process pursuant to 
                the law of a State to be due from a person for 
                the support and maintenance of a child or of a 
                child and the parent with whom the child is 
                living; and
                  [(B) that has remained unpaid for a period 
                longer than one year, or is greater than 
                $5,000; and
          [(2) the term ``State'' includes the District of 
        Columbia, and any other commonwealth, possession or 
        territory of the United States.]

Sec. 228. Failure to pay legal child support obligations

  (a) Offense.--Whoever--
          (1) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if 
        such obligation has remained unpaid for a period longer 
        than 1 year, or is greater than $5,000;
          (2) travels in interstate or foreign commerce with 
        the intent to evade a support obligation, if such 
        obligation has remained unpaid for a period longer than 
        1 year, or is greater than $5,000; or
          (3) willfully fails to pay a support obligation with 
        respect to a child who resides in another State, if 
        such obligation has remained unpaid for a period longer 
        than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
  (b) Presumption.--The existence of a support obligation that 
was in effect for the time period charged in the indictment or 
information creates a rebuttable presumption that the obligor 
has the ability to pay the support obligation for that time 
period.
  (c) Punishment.--The punishment for an offense under this 
section is--
          (1) in the case of a first offense under subsection 
        (a)(1), a fine under this title, imprisonment for not 
        more than 6 months, or both; and
          (2) in the case of an offense under subsection (a)(2) 
        or (a)(3), or a second or subsequent offense under 
        subsection (a)(1), a fine under this title, 
        imprisonment for not more than 2 years, or both.
  (d) Mandatory Restitution.--Upon a conviction under this 
section, the court shall order restitution under section 3663A 
in an amount equal to the total unpaid support obligation as it 
exists at the time of sentencing.
  (e) Definitions.--In this section--
          (1) the term ``support obligation'' means any amount 
        determined under a court order or an order of an 
        administrative process pursuant to the law of a State 
        to be due from a person for the support and maintenance 
        of a child or of a child and the parent with whom the 
        child is living; and
          (2) the term ``State'' includes any State of the 
        United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.
          * * * * * * *

                   CHAPTER 26--CRIMINAL STREET GANGS

Sec.
521. Criminal street gangs.
522. Recruitment of persons to participate in criminal gang activity.

Sec. 521. Criminal street gangs

    [(a) Definitions.--
          ``conviction'' includes a finding, under State or 
        Federal law, that a person has committed an act of 
        juvenile delinquency involving a violent or controlled 
        substances felony.
          [``criminal street gang'' means an ongoing group, 
        club, organization, or association of 5 or more 
        persons--
                  [(A) that has as 1 of its primary purposes 
                the commission of 1 or more of the criminal 
                offenses described in subsection (c);
                  [(B) the members of which engage, or have 
                engaged within the past 5 years, in a 
                continuing series of offenses described in 
                subsection (c); and
                  [(C) the activities of which affect 
                interstate or foreign commerce.
          [``State'' means a State of the United States, the 
        District of Columbia, and any commonwealth, territory, 
        or possession of the United States.
    [(b) Penalty.--The sentence of a person convicted of an 
offense described in subsection (c) shall be increased by up to 
10 years if the offense is committed under the circumstances 
described in subsection (d).
    [(c) Offenses.--The offenses described in this section 
are--
          [(1) 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 
        penalty is not less than 5 years;
          [(2) a Federal felony crime of violence that has as 
        an element the use or attempted use of physical force 
        against the person of another; and
          [(3) a conspiracy to commit an offense described in 
        paragraph (1) or (2).
    [(d) Circumstances.--The circumstances described in this 
section are that the offense described in subsection (c) was 
committed by a person who--
          [(1) participates in a criminal street gang with 
        knowledge that its members engage in or have engaged in 
        a continuing series of offenses described in subsection 
        (c);
          [(2) intends to promote or further the felonious 
        activities of the criminal street gang or maintain or 
        increase his or her position in the gang; and
          [(3) has been convicted within the past 5 years for--
                  [(A) an offense described in subsection (c);
                  [(B) a State offense--
                          [(i) involving a controlled substance 
                        (as defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 
                        802)) for which the maximum penalty is 
                        not less than 5 years' imprisonment; or
                          [(ii) that is a felony crime of 
                        violence that has as an element the use 
                        or attempted use of physical force 
                        against the person of another;
                  [(C) any Federal or State felony offense that 
                by its nature involves a substantial risk that 
                physical force against the person of another 
                may be used in the course of committing the 
                offense; or
                  [(D) a conspiracy to commit an offense 
                described in subparagraph (A), (B), or (C).]
    (a) Definitions.--In this section:
          (1) Criminal gang.--The term ``criminal gang'' means 
        an ongoing group, club, organization, or association of 
        5 or more persons, whether formal or informal--
                  (A) that has as 1 of its primary activities 
                or purposes of the commission of 1 or more 
                predicate gang crimes; and
                  (B) 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 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) for 
                        which the maximum penalty is 
                        imprisonment for not less than 10 
                        years;
                          (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 maximum penalty is 
                        imprisonment for not less than 10 
                        years;
                          (iii) that is a violation of section 
                        522 (relating to the recruitment of 
                        persons to participate in criminal gang 
                        activity);
                          (iv) 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);
                          (v) that is a violation of--
                                  (I) subsection (a)(1), (i), 
                                (j), (k), (o), (q), (u), (v), 
                                or (x)(1) of section 922; or
                                  (II) subsection (b), (g), 
                                (h), (k), (l), or (m) of 
                                section 924;
                          (vi) that is a violation of section 
                        1956 (relating to money laundering), to 
                        the extent that the violation of such 
                        section is related to a Federal or 
                        State offense involving a controlled 
                        substance (as that term is defined in 
                        section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)); or
                          (vii) 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, and any 
        commonwealth, territory, or possession of the United 
        States.
  (b) Criminal Penalties.--Whoever 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, fined in 
                accordance with this title, or both; and
                  (B) the forfeiture prescribed in section 413 
                of the Controlled Substances Act (21 U.S.C. 
                853); and
          (2) if any person engages in such activity after 1 or 
        more prior convictions under this section have become 
        final, shall be sentenced to--
                  (A) a term of imprisonment of not less than 
                20 years and not more than life, fined in 
                accordance with this title, or both; and
                  (B) the forfeiture prescribed in section 412 
                of the Controlled Substances Act (21 U.S.C. 
                853).
    (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.

Sec. 522. Recruitment of persons to participate in criminal gang 
                    activity

    (a) Prohibited Act.--It shall be unlawful for any person to 
use any facility in, or travel in, interstate or foreign 
commerce, or cause another to do so, to recruit, solicit, 
induce, command, or cause another person to be or to remain as 
a member of a criminal gang, or conspire to do so.
    (b) Penalties.--Any person who violates subsection (a) 
shall--
          (1) if the person recruited, solicited, induced, 
        commanded, or caused--
                  (A) is a minor, be imprisoned for a term of 
                not less than 4 years and not more than 10 
                years, fined in accordance with this title, or 
                both; or
                  (B) is not a minor, be imprisoned for a term 
                of not less than 1 year and not more than 10 
                years, fined in accordance with this title, or 
                both; and
          (2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for 
        housing, maintaining, and treating the minor until the 
        minor attains the age of 18.
    (c) Definitions.--In this section:
          (1) Criminal gang.--The term ``criminal gang'' has 
        the meaning given the term in section 521.
          (2) Minor.--The term ``minor'' means a person who is 
        younger than 18 years of age.
          * * * * * * *

                CHAPTER 33--EMBLEMS, INSIGNIA AND NAMES

          * * * * * * *

Sec. 709. False advertising or misuse of names to indicate Federal 
                    agency

    Whoever, * * *
          * * * * * * *
    A person who, except with the written permission of the 
Administrator of the Drug Enforcement Administration, knowingly 
uses the words ``Drug Enforcement Administration'' or the 
initials ``DEA'' or any colorable imitation of such words or 
initials, in connection with any advertisement, circular, book, 
pamphlet, software or other publication, play, motion picture, 
broadcast, telecast, or other production, in a manner 
reasonably calculated to convey the impression that such 
advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or 
other production is approved, endorsed, or authorized by the 
Drug Enforcement Administration;
    Whoever, except with the written permission of the Director 
of the United States Marshals Service, knowingly uses the words 
``United States Marshals Service'', ``U.S. Marshals Service'', 
``United States Marshal'', ``U.S. Marshal'', or ``U.S.M.S.'', 
or any colorable imitation of any such words, or the likeness 
of a United States Marshals Service badge, logo, or insignia on 
any item of apparel, in connection with any advertisement, 
circular, book, pamphlet, software, or other publication, or 
any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey 
the impression that the wearer of the item of apparel is acting 
pursuant to the legal authority of the United States Marshals 
Service, or to convey the impression that such advertisement, 
circular, book, pamphlet, software, or other publication, or 
such play, motion picture, broadcast, telecast, or other 
production, is approved, endorsed, or authorized by the United 
States Marshals Service;
          * * * * * * *

                          CHAPTER 44--FIREARMS

          * * * * * * *

Sec. 921. Definitions

    (a) As used in this chapter--
          (1) The term ``person'' and the term ``whoever'' 
        include any individual, corporation, company, 
        association, firm, partnership, society, or joint stock 
        company.
          * * * * * * *
          (33)(A) Except as provided in subparagraph (C), the 
        term ``misdemeanor crime of domestic violence'' means 
        an offense that--
          * * * * * * *
          (B)(i) A person shall not be considered to have been 
        convicted of such an offense for purposes of this 
        chapter, unless--
          * * * * * * *
          (ii) A person * * *
          (34) The term ``secure gun storage or safety device'' 
        means--
                  (A) a device that, when installed on a 
                firearm, is designed to prevent the firearm 
                from being operated without first deactivating 
                or removing the device;
                  (B) a device incorporated into the design of 
                the firearm that is designed to prevent the 
                operation of the firearm by anyone not having 
                access to the device; or
                  (C) a safe, gun safe, gun case, lock box, or 
                other device that is designed to be or can be 
                used to store a firearm and that is designed to 
                be unlocked only by means of a key, a 
                combination, or other similar means.
          * * * * * * *

Sec. 923. Licensing

    (a) No person * * *
          * * * * * * *
    (d)(1) Any application submitted under subsection (a) or 
(b) of this section shall be approved if--
          (A) the applicant is twenty-one years of age or over;
          * * * * * * *
          (E) the applicant has in a State (i) premises from 
        which he conducts business subject to license under 
        this chapter or from which he intends to conduct such 
        business within a reasonable period of time, or (ii) in 
        the case of a collector, premises from which he 
        conducts his collecting subject to license under this 
        chapter or from which he intends to conduct such 
        collecting within a reasonable period of time; [and]
          (F) the applicant certifies that--
                  (i) the business to be conducted under the 
                license is not prohibited by State or local law 
                in the place where the licensed premise is 
                located;
          * * * * * * *
                  (iii) that the applicant has sent or 
                delivered a form to be prescribed by the 
                Secretary, to the chief law enforcement officer 
                of the locality in which the premises are 
                located, which indicates that the applicant 
                intends to apply for a Federal firearms 
                license[.] ; and
          (G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage 
        or safety devices will be available at any place in 
        which firearms are sold under the license to persons 
        who are not licensees (subject to the exception that in 
        any case in which a secure gun storage or safety device 
        is temporarily unavailable because of theft, casualty 
        loss, consumer sales, backorders from a manufacturer, 
        or any other similar reason beyond the control of the 
        licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to 
        make available such a device).
          * * * * * * *
    (e) The Secretary may, after notice and opportunity for 
hearing, revoke any license issued under this section if the 
holder of such license has willfully violated any provision of 
this chapter or any rule or regulation prescribed by the 
Secretary under this chapter or fails to have secure gun 
storage or safety devices available at any place in which 
firearms are sold under the license to persons who are not 
licensees (except that in any case in which a secure gun 
storage or safety device is temporarily unavailable because of 
theft, casualty loss, consumer sales, backorders from a 
manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in 
violation of the requirement to make available such a device). 
The Secretary may, after notice and opportunity for hearing, 
revoke the license of a dealer who willfully transfers armor 
piercing ammunition. The Secretary's action under this 
subsection may be reviewed only as provided in subsection (f) 
of this section.
          * * * * * * *

Sec. 924. Penalties

    (a)(1) Except as otherwise provided in this subsection, 
subsection (b), (c), or (f) of this section, or in section 929, 
whoever--
          (A) knowingly makes any false statement or 
        representation with respect to the information required 
        by this chapter to be kept in the records of a person 
        licensed under this chapter or in applying for any 
        license or exemption or relief from disability under 
        the provisions of this chapter;
          (B) knowingly violates subsection (a)(4), (f), [(k),] 
        (r), (v), or (w) of section 922;
          * * * * * * *
    (2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), (k), or (o) of section 922 shall be fined as 
provided in this title, imprisoned not more than 10 years, or 
both.
    (3) Any licensed dealer, licensed importer, licensed 
manufacturer, or licensed collector who knowingly--
          (A) makes any false statement or representation with 
        respect to the information required by the provisions 
        of this chapter to be kept in the records of a person 
        licensed under this chapter, or
          (B) violates subsection (m) of section 922, shall be 
        fined under this title, imprisoned not more than one 
        year, or both[.] , but if the violation is in relation 
        to an offense--
          (A) under paragraph (1) or (3) of section 922(b), 
        shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
          (B) under subsection (a)(6) or (d) of section 922, 
        shall be fined under this title, imprisoned not more 
        than 10 years, or both.
          * * * * * * *
    (6)[(A)(i) A juvenile who violates section 922(x) shall be 
fined under this title, imprisoned not more than 1 year, or 
both, except that a juvenile described in clause (ii) shall be 
sentenced to probation on appropriate conditions and shall not 
be incarcerated unless the juvenile fails to comply with a 
condition of probation.
    [(ii) A juvenile is described in this clause if--
          [(I) the offense of which the juvenile is charged is 
        possession of a handgun or ammunition in violation of 
        section 922(x)(2); and
          [(II) the juvenile has not been convicted in any 
        court of an offense (including an offense under section 
        922(x) or a similar State law, but not including any 
        other offense consisting of conduct that if engaged in 
        by an adult would not constitute an offense) or 
        adjudicated as a juvenile delinquent for conduct that 
        if engaged in by an adult would constitute an offense.]
    [(B) A person other than a juvenile who knowingly] (A) A 
person who knowingly violates section 922(x)--
    (i) shall be fined under this title, imprisoned [not more 
than 1 year] not more than 5 years, or both; and
    (ii) if the person sold, delivered, or otherwise 
transferred a handgun or ammunition to a juvenile knowing or 
having reasonable cause to know that the juvenile intended to 
carry or otherwise possess or discharge or otherwise use the 
handgun or ammunition in the commission of a crime of violence, 
shall be fined under this title, imprisoned not less than 1 
year and not more than 10 years, or both.
    (B) Notwithstanding subparagraph (A), no mandatory minimum 
sentence shall apply to a juvenile who is less than 14 years of 
age.
          * * * * * * *
    (e)(1) In the case of * * *
    (2) As used in this subsection--
          (A) the term ``serious drug offense'' means--
                  (i) an offense under the Controlled 
                Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 
                U.S.C. 951 et seq.), or the Maritime Drug Law 
                Enforcement Act (46 U.S.C. App. 1901 et seq.), 
                for which a maximum term of imprisonment of ten 
                years or more is prescribed by law; [or]
                  (ii) an offense under State law, involving 
                manufacturing, distributing, or possessing with 
                intent to manufacture or distribute, a 
                controlled substance (as defined in section 102 
                of the Controlled Substances Act (21 U.S.C. 
                802)), for which a maximum term of imprisonment 
                of ten years or more is prescribed by law; or
                  (iii) any act of juvenile delinquency that, 
                if committed by an adult, would be an offense 
                described in clause (i) or (ii);
          * * * * * * *
    (h) Whoever knowingly transfers a firearm, knowing that 
such firearm will be used to commit a crime of violence (as 
defined in subsection (c)(3)) or drug trafficking crime (as 
defined in subsection (c)(2)) shall be imprisoned not more than 
[10 years, fined in accordance with this title, or both] 10 
years, and if the transferee is a person who is under 18 years 
of age, imprisoned for a term of not less than 3 years, fined 
in accordance with this title, or both.
          * * * * * * *
    (o) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years, 
fined under this title, or both; and if the firearm is a 
machinegun or destructive device, or is equipped with a firearm 
silencer or muffler, shall be imprisoned for any term of years 
or life.
    (p) Except as otherwise provided in this section, a person 
who conspires to commit an offense defined in this chapter 
shall be subject to the same penalties (other than the penalty 
of death) as those prescribed for the offense the commission of 
which is the object of the conspiracy.
          * * * * * * *

                         CHAPTER 46--FORFEITURE

          * * * * * * *

Sec. 981.  Civil forfeiture

    (a)(1) Except as provided in paragraph (2), the following 
property is subject to forfeiture to the United States:
          * * * * * * *
    (c) Property taken or detained under this section shall not 
be repleviable, but shall be deemed to be in the custody of the 
Attorney General, the Secretary of the Treasury, or the Postal 
Service as the case may be, subject only to the orders and 
decrees of the court or the official having jurisdiction 
thereof. Whenever property is seized under this subsection, the 
Attorney General, the Secretary of the Treasury, or the Postal 
Service as the case may be, may--
          (1) place the property under seal;
          (2) remove the property to a place designated by him; 
        or
          (3) require that the General Services Administration 
        take custody of the property and remove it, if 
        practicable, to an appropriate location for disposition 
        in accordance with law. Any firearm forfeited pursuant 
        to subsection (a)(1)(D) or section 982(a)(3) of this 
        title shall be disposed of by the seizing agency in 
        accordance with law.
          * * * * * * *

Sec. 982.  Criminal forfeiture

    (a)(1) The court, * * *
          * * * * * * *
    (3) The court, in imposing a sentence on a person convicted 
of an offense under--
          (A) section 666(2)(1) (relating to Federal program 
        fraud);
          * * * * * * *
          (F) section 1343 (relating to wire fraud),
involving the sale of assets acquired or held by the Resolution 
Trust Corporation, the Federal Deposit Insurance Corporation, 
as conservator or receiver for a financial institution or any 
other conservator for a financial institution appointed by the 
Office of the Comptroller of the Currency or the Office of 
Thrift Supervision, or the National Credit Union 
Administration, as conservator or liquidating agent for a 
financial institution, shall order that the person forfeit to 
the United States any property, real or personal, which 
represents or is traceable to the gross receipts obtained, 
directly or indirectly, as a result of such violation.
    (4) The court, in imposing a sentence on a person convicted 
of any crime of violence (as that term is defined in section 
16) or any felony under federal law, shall order that the 
person forfeit to the United States any firearm (as that term 
is defined in section 921(a)(3)) used or intended to be used to 
commit or to facilitate the commission of the offense.
    [(4)] (5) With respect to an offense listed in subsection 
(a)(3) committed for the purpose of executing or attempting to 
execute any scheme or artifice to defraud, or for obtaining 
money or property by means of false or fraudulent statements, 
pretenses, representations, or promises, the gross receipts of 
such an offense shall include any property, real or personal, 
tangible or intangible, which is obtained, directly or 
indirectly, as a result of such offense.
    [(5)] (6) The court, in imposing sentence on a person 
convicted of a violation or conspiracy to violate--
          (A) section 511 (altering or removing motor vehicle 
        identification numbers);
          * * * * * * *
          (E) section 2313 (possessing or selling a stolen 
        motor vehicle that has moved in interstate commerce);
shall order that the person forfeit to the United States any 
property, real or personal, which represents or is traceable to 
the gross proceeds obtained, directly or indirectly, as a 
result of such violation.
    [(6)] (7) The court, in imposing sentence on a person 
convicted of a Federal health care offense, shall order the 
person to forfeit property, real or personal, that constitutes 
or is derived, directly or indirectly, from gross proceeds 
traceable to the commission of the offense.
    [(6)] (8)(A) The court, in imposing sentence on a person 
convicted of a violation of, or conspiracy to violate, section 
1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this 
title, or a violation of, or conspiracy to violate, section 
1028 of this title of committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to 
the United States, regardless of any provision of State law--
          * * * * * * *
    (B) The criminal forfeiture of property under subparagraph 
(A), including any seizure and disposition of the property and 
any related administrative or judicial proceeding, shall be 
governed by the provisions of section 413 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), 
other than subsections (a) and (d) of such section 413.
    (9)(A) The court, in imposing a sentence on a person 
convicted of a gun trafficking offense described in 
subparagraph (B), or a conspiracy to commit such offense, shall 
order the person to forfeit to the United States any conveyance 
used or intended to be used to commit such offense, and any 
property traceable to such conveyance.
    (B) A gun trafficking offense is described in this 
subparagraph if it--
          (i) is a violation of--
                  (I) section 922(i) (transporting stolen 
                firearms);
                  (II) section 924(g) (travel with a firearm in 
                furtherance of racketeering);
                  (III) section 924(k) (stealing a firearm); or
                  (IV) section 924(m) (interstate travel to 
                promote firearms trafficking); and
          (ii) involves 5 or more firearms.
          * * * * * * *

                   CHAPTER 73--OBSTRUCTION OF JUSTICE

          * * * * * * *

Sec. 1512. Tampering with a witness, victim, or an informant

    (a)(1) Whoever kills or attempts to kill another person, 
with intent to--
          (A) prevent the attendance or testimony of any person 
        in an official proceeding;
          (B) prevent the production of a record, document, or 
        other object, in an official proceeding; or
          (C) prevent the communication by any person 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 (2)] as provided in 
paragraph (3).
    (2) 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).
    [2](3) The punishment for an offense under this subsection 
is--
          (A) in the case of murder (as defined in section 
        1111), the death penalty or imprisonment for life, and 
        in the case of any other killing, the punishment 
        provided in section 1112; and
          [(B) in the case of an attempt, imprisonment for not 
        more than twenty years.]
          (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.
    (b) Whoever knowingly uses intimidation [or physical 
force], threatens, or corruptly persuades another person, or 
attempts to do so, or engages in misleading conduct toward 
another person, with intent to--
          * * * * * * *
    (i) In the offense under this section occurs in connection 
with a trial of a criminal case, the maximum term of 
imprisonment which may be imposed for the offense shall be the 
higher of that otherwise provided by law or the maximum term 
that could have been imposed for any offense charged in such 
case.
    (j) 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.
          * * * * * * *

                CHAPTER 89--PROFESSIONS AND OCCUPATIONS

Sec.
1821. Transportation of dentures.
1822. Using prison inmate labor and other labor for data processing of 
        personal information.
1823. Using or distributing certain personal information that would 
        harm children.
          * * * * * * *

Sec. 1822. Using prison inmate labor and other labor for data 
                    processing of personal information

    (a) Prohibition.--Whoever, in or affecting interstate or 
foreign commerce, knowingly uses prison inmate labor, or any 
worker who is registered pursuant to title XVII of the Violent 
Crime Control and Law Enforcement Act of 1994, for data 
processing of personal information shall be fined under this 
title, imprisoned not more than 1 year, or both.
    (b) Definition of Personal Information.--In this section, 
the term ``personal information'' means information (including 
name, address, telephone number, social security number, and 
physical description) about an individual, that would suffice 
to physically locate and contact that individual.

Sec. 1823. Using or distributing certain personal information that 
                    would harm children

    (a) Prohibition.--Whoever, in or affecting interstate or 
foreign commerce, knowingly uses or distributes personal 
information about 1 or more children with the intent that the 
information will be used to abuse or to harm physically any 
child, shall be fined under this title, imprisoned not more 
than 1 year, or both.
    (b) Definitions.--In this section--
          (1) the term ``child'' means an individual who has 
        not attained the age of 16 years; and
          (2) the term ``personal information'' means 
        information (including name, address, telephone number, 
        social security number, and physical description) about 
        an individual, that would suffice to physically locate 
        and contact that individual.
          * * * * * * *

                        CHAPTER 95--RACKETEERING

          * * * * * * *

Sec. 1952. Interstate and foreign travel or transportation in aid of 
                    racketeering enterprises

    [(a) Whoever travels in interstate or foreign commerce or 
uses the mail or any facility in interstate or foreign 
commerce, with intent to--
          [(1) distribute the proceeds of any unlawful 
        activity; or
          [(2) commit any crime of violence to further any 
        unlawful activity; or
          [(3) otherwise promote, manage, establish, carry on, 
        or facilitate the promotion, management, establishment, 
        or carrying on, of any unlawful activity,
[and thereafter performs or attempts to perform--
                  [(A) an act described in paragraph (1) or (3) 
                shall be fined under this title, imprisoned not 
                more than 5 years, or both; or
                  [(B) an act described in paragraph (2) shall 
                be fined under this title, imprisoned for not 
                more than 20 years, or both, and if death 
                results shall be imprisoned for any term of 
                years or for life.
    [(b) As used in this section (i) ``unlawful activity'' 
means (1) any business enterprise involving gambling, liquor on 
which the Federal excise tax has not been paid, narcotics or 
controlled substances (as defined in section 102(6) of the 
Controlled Substances Act), or prostitution offenses in 
violation of the laws of the State in which they are committed 
or of the United States, (2) extortion, bribery, or arson in 
violation of the laws of the State in which committed or of the 
United States, or (3) any act which is indictable under 
subchapter II of chapter 53 of title 31, United States Code, or 
under section 1956 or 1957 of this title and (ii) the term 
``State'' includes a State of the United States, the District 
of Columbia, and any commonwealth, territory, or possession of 
the United States.]
  (a) Prohibited Conduct and Penalties.--
          (1) In general.--Whoever--
                  (A) travels in interstate or foreign commerce 
                or uses the mail or any facility in interstate 
                or foreign commerce, with intent to--
                          (i) distribute the proceeds of any 
                        unlawful activity; or
                          (ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, 
                        or carrying on, of any unlawful 
                        activity; and
                  (B) after travel or use of the mail or any 
                facility in interstate or foreign commerce 
                described in subparagraph (A), performs, 
                attempts to perform, or conspires to perform an 
                act described in clause (i) or (ii) of 
                subparagraph (A);
        shall be fined under this title, imprisoned not more 
        than 10 years, or both.
          (2) Crimes of violence.--Whoever--
                  (A) travels in interstate or foreign commerce 
                or uses the mail or any facility in interstate 
                or foreign commerce, with intent to commit any 
                crime of violence to further any unlawful 
                activity; and
                  (B) after travel or use of the mail or any 
                facility in interstate or foreign commerce 
                described in subparagraph (A), commits, 
                attempts to commit, or conspires to commit any 
                crime of violence to further any unlawful 
                activity,
        shall be fined under this title, imprisoned for not 
        more than 20 years, or both, and if death results shall 
        be sentenced to death or be imprisoned for any term of 
        years or for life.
    (b) Definitions.--In this section:
          (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given that term in section 
        102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
          (2) State.--The term ``State'' includes a State of 
        the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.
          (3) Unlawful activity.--The term ``unlawful 
        activity'' means--
                  (A) pattern of gang activity (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 (as that term is defined in section 
                102(6) of the Controlled Substances Act (21 
                U.S.C. 802(a))), 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, burglary if 
                the offense involves property valued at not 
                less than $10,000, assault with a deadly 
                weapon, assault resulting in bodily injury, 
                shooting at an occupied dwelling or motor 
                vehicle, or retaliation against or intimidation 
                of witnesses, victims, jurors, or informants, 
                in violation of the laws of the State in which 
                the offense is committed or of the United 
                States;
                  (D) the use of bribery, force, intimidation, 
                or threat, directed against any person, to 
                delay or influence the testimony of or prevent 
                from testifying a witness in a State criminal 
                proceeding or by any such means to cause any 
                person to destroy, alter, or conceal a record, 
                document, or other object, with intent to 
                impair the object's integrity or availability 
                for use in such a proceeding; or
                  (E) any act that is indictable under section 
                1956 or 1957 of this title or under subchapter 
                II of chapter 53 of title 31.
          * * * * * * *

       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

          * * * * * * *

Sec. 1961. Definitions

    As used in this chapter--
          (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substances or listed 
        chemical (as defined in section 102 of the Controlled 
        Substances Act), which is chargeable under State law 
        and punishable by imprisonment for more than one year; 
        (B) any act which is indictable under any of the 
        following provisions of title 18, United States Code: 
        Section 201 (relating to bribery), section 224 
        (relating to sports bribery), sections 471, 472, and 
        473 (relating to counterfeiting), section 659 (relating 
        to theft from interstate shipment) if the act 
        indictable under section 659 is felonious, section 664 
        (relating to embezzlement from pension and welfare 
        funds), sections 891-894 (relating to extortionate 
        credit transactions), section 1028 (relating to fraud 
        and related activity in connection with identification 
        documents), section 1029 (relating to fraud and related 
        activity in connection with access devices), section 
        1084 (relating to the transmission of gambling 
        information), section 1341 (relating to mail fraud), 
        section 1343 (relating to wire fraud), section 1344 
        (relating to financial institution fraud), section 1425 
        (relating to the procurement of citizenship 
        unlawfully), section 1426 relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), sections 1461-1465 (relating to obscene 
        matter), section 1503 (relating to obstruction of 
        justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1542 (relating to false statement in application and 
        use of passport), section 1543 (relating to forgery or 
        false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud 
        and misuse of visas, permits, and other documents), 
        sections 1581-1588 (relating to peonage and slavery), 
        section 1951 (relating to interference with commerce, 
        robbery, or extortion), section 1952 (relating to 
        racketeering), section 1953 (relating to interstate 
        transportation of wagering paraphernalia), section 1954 
        (relating to unlawful welfare fund payments), section 
        1955 (relating to the prohibition of illegal gambling 
        businesses), section 1956 (relating to the laundering 
        of monetary instruments), section 1957 (relating to 
        engaging in monetary transactions in property derived 
        from specified unlawful activity), section 1958 
        (relating to use of interstate commerce facilities in 
        the commission of murder-for-hire), sections 2251, 
        2251A, 2252, and 2260 (relating to sexual exploitation 
        of children), sections 2312 and 2313 (relating to 
        interstate transportation of stolen motor vehicles), 
        sections 2314 and 2315 (relating to interstate 
        transportation of stolen property, section 2318 
        (relating to trafficking in counterfeit labels for 
        phonorecords, computer programs or computer program 
        documentation or packaging and copies of motion 
        pictures or other audiovisual works), section 2319 
        (relating to criminal infringement of a copyright), 
        section 2319A (relating to unauthorized fixation of and 
        trafficking in sound recordings and music videos of 
        live musical performances), section 2320 (relating to 
        trafficking in goods or services bearing counterfeit 
        marks), section 2321 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts), 
        sections 2341-2346 (relating to trafficking in 
        contraband cigarettes), sections 2421-24 (relating to 
        white slave traffic), (C) any act which is indictable 
        under title 29, United States Code, section 186 
        (dealing with restrictions on payments and loans to 
        labor organizations) or section 501(c) (relating to 
        embezzlement from union funds), (D) any offense 
        involving fraud connected with a case under title 11 
        (except a case under section 157 of this title), fraud 
        in the sale of securities, or the felonious 
        manufacture, importation, receiving, concealment, 
        buying, selling, or otherwise dealing in a controlled 
        substance or listed chemical (as defined in section 102 
        of the Controlled Substances Act), punishable under any 
        law of the United States, (E) any act which is 
        indictable under the Currency and Foreign Transactions 
        Reporting Act, [or] (F) any act which is indictable 
        under the Immigration and Nationality Act, section 274 
        (relating to bringing in and harboring certain aliens), 
        section 277 (relating to aiding or assisting certain 
        aliens to enter the United States), or section 278 
        (relating to importation of alien for immoral purpose) 
        if the act is indictable under such section of such Act 
        was committed for the purpose of financial gain, (G) an 
        offense under section 522 of this title, or (H) an 
        offense under section 924(a) insofar as such offense is 
        a violation of subsection (a)(1), (a)(4), (i), (j), 
        (k), (o), (q), (u), (v), or (x)(1) of section 922, or 
        subsection (b), (g), (h), (k), (l), or (m) of section 
        924 (relating to firearms violations), except that with 
        respect to an offense under section 922 or 924 
        described in subparagraph (H), that offense shall be 
        considered to be a racketeering activity only if that 
        offense is committed by a person who knowingly furthers 
        a Federal offense that is a serious violent felony or a 
        serious drug offense (as those terms are defined in 
        section 3559(e)(2))
          * * * * * * *

Sec. 1963. Criminal penalties

    (a) Whoever violates any provision of section 1962 of this 
chapter shall be fined under this title [or imprisoned not more 
than 20 years (or for life if the violation is based on a 
racketeering activity for which the maximum penalty includes 
life imprisonment), or both,] , imprisoned not more than the 
greater of 20 years or the statutory maximum term of 
imprisonment (including life imprisonment) applicable to a 
racketeering activity on which the violation is based, or both,
          * * * * * * *

                   CHAPTER 103--ROBBERY AND BURGLARY

          * * * * * * *

Sec. 2119. Motor vehicles

    Whoever[, with the intent to cause death or serious bodily 
harm] takes a motor vehicle that has been transported, shipped, 
or received in interstate or foreign commerce from the person 
or presence of another by force and violence or by 
intimidation, or attempts to do so, shall--
          * * * * * * *

                       CHAPTER 109A--SEXUAL ABUSE

          * * * * * * *

[Sec. 2247. Repeat offenders

    [Any person who violates a provision of this chapter, after 
one or more prior convictions for an offense punishable under 
this chapter, or after one or more prior convictions under the 
laws of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual contact have become final, is 
punishable by a term of imprisonment up to twice that otherwise 
authorized.]

Sec. 2247. Repeat offenders

  (a) In General.--Any person described in this subsection 
shall be subject to the punishment under subsection (b). A 
person described in this subsection is a person who violates a 
provision of this chapter, after one or more prior 
convictions--
          (1) for an offense punishable under this chapter or 
        chapter 110 or 117; or
          (2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 110 
        or 117.
  (b) Punishment.--A violation of a provision of this chapter 
by a person described in subsection (a) is punishable by a term 
of imprisonment of a period not to exceed twice the period that 
would otherwise apply under this chapter.
          * * * * * * *

  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

Sec.
2421. Transportation generally.
     * * * * * * *
2425. Repeat offenders.

Sec. 2421. Transportation generally

    Whoever knowingly transports any individual in interstate 
or foreign commerce, or in any Territory or Possession of the 
United States, with intent that such individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, shall be fined under 
this title or imprisoned not more than [five] 10 years, or 
both.

Sec. 2422. Coercion and enticement

    (a) Whoever knowingly persuades, induces, entices, or 
coerces any individual to travel in interstate or foreign 
commerce, or in any Territory or Possession of the United 
States, to engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal offense, 
shall be fined under this title or imprisoned not more than 
[five] 10 years, or both.
    (b) Whoever, using any facility or means of interstate or 
foreign commerce, including the mail, or within the special 
maritime and territorial jurisdiction of the United States, 
knowingly persuades, induces, entices, or coerces any 
individual who has not attained the age of 18 years to engage 
in prostitution, or in any sexual act for which any person may 
be criminal prosecuted, or attempts to do so, shall be fined 
under this title or imprisoned not more than [10] 15 years, or 
both.

Sec. 2423. Transportation of minors

    (a) Transportation with Intent to Engage in Criminal Sexual 
Activity.--A person who knowingly transports any individual 
under the age of 18 years in interstate or foreign commerce, or 
in any Territory or Possession of the United States, with 
intent that such individual engage in prostitution, or in any 
sexual activity for which any person can be charged with a 
criminal offense, shall be fined under this title or imprisoned 
not more than [10] 15 years, or both.
    (b) Travel with Intent to Engage in Sexual Act with a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any sexual act (as defined in section 
2246) with a person under 18 years of age that would be in 
violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United 
States shall be fined under this title, imprisoned not more 
than [10] 15 years, or both.

Sec. 2424. Filing factual statement about alien individual

    (a) Whoever keeps, * * *
          * * * * * * *
    (b) In any prosecution brought under this section, if it 
appears that any such statement required is not on file in the 
office of the Commissioner of Immigration and Naturalization, 
the person whose duty it is to file such statement shall be 
presumed to have failed to file said statement, unless such 
person or persons shall prove otherwise. No person shall be 
excused from furnishing the statement, as required by this 
section, on the ground or for the reason that the statement so 
required by that person, or the information therein contained, 
might tend to criminate that person or subject that person to a 
penalty or forfeiture, but no information contained in the 
statement or any evidence which is directly or indirectly 
derived from such information may be used against any person 
making such statement in any criminal case, except a 
prosecution for perjury, giving a false statement or otherwise 
failing to comply with this section.

Sec. 2425. Repeat offenders

    (a) In General.--Any person described in this subsection 
shall be subject to the punishment under subsection (b). A 
person described in this subsection is a person who violates a 
provision of this chapter, after one or more prior 
convictions--
          (1) for an offense punishable under this chapter or 
        chapter 109A or 110; or
          (2) under any applicable law of a State relating to 
        conduct punishable under this chapter or chapter 109A 
        or 110.
    (b) Punishment.--A violation of a provision of this chapter 
by a person described in subsection (a) is punishable by a term 
of imprisonment of a period not to exceed twice the period that 
would otherwise apply under this chapter.
          * * * * * * *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

Sec.
2510. Definitions.
     * * * * * * *
2522. Enforcement of the Communications Assistance for Law Enforcement 
          Act.
2523. Exemption for communications in jails and prisons.

Sec. 2510. Definitions

    As used in this chapter--
          (1) ``wire communication'' means * * *
          * * * * * * *
          (12) ``electronic communication'' means any transfer 
        of signs, signals, writing, images, sounds, data, or 
        intelligence of any nature transmitted in whole or in 
        part by a wire, radio, electromagnetic, photoelectronic 
        or photooptical system that affects interstate or 
        foreign commerce, but does not include--
                  (A) any wire or oral communication;
                  (B) any communication made through a tone-
                only paging device;
                  (C) any communication from a tracking device 
                (as defined in section 3117 of this title); 
                [or]
                  (D) electronic funds transfer information 
                stored by a financial institution in a 
                communications system used for the electronic 
                storage and transfer of funds; or
                  (E) any communication made through a clone 
                pager (as that term is defined in section 
                3127).
          * * * * * * *

Sec. 2511. Interception and disclosure of wire, oral, or electronic 
                    communications prohibited

    (1) Except as otherwise specifically provided in this 
chapter any person who--
          (a) intentionally intercepts, endeavors to intercept, 
        or procures any other person to intercept or endeavor 
        to intercept, any wire, oral, or electronic 
        communication;
          * * * * * * *
    (2)(a)(i) It shall not be unlawful * * *
          * * * * * * *
    (h) It shall not be unlawful under this chapter--
          [(i) to use a pen register or a trap and trace device 
        (as those terms are defined for the purposes of chapter 
        206 (relating to pen registers and trap and trace 
        devices) of this title); or]
          (i) to use a pen register, a trap and trace device, 
        or a clone pager (as those terms are defined for the 
        purposes of chapter 206 (relating to pen registers, 
        trap and trace devices, and clone pagers)); or
          * * * * * * *

Sec. 2523. Exemption for communications in jails and prisons

    (a) In General.--This chapter and chapter 121 do not apply 
with respect to the interception by a law enforcement officer, 
or a person acting on behalf of a law enforcement officer, of 
any wire, oral, or electronic communication, or the use of a 
pen register, a trap and trace device, or a clone pager, if--
          (1) in the case of any wire, oral, or electronic 
        communication, at least 1 of the parties to the 
        communication is an inmate or detainee in the custody 
        of--
                  (A) the Attorney General of the United 
                States; or
                  (B) a State or political subdivision thereof; 
                or
          (2) in the case of a pen register, a trap and trace 
        device, or a clone pager, the facility is regularly 
        used by an inmate or detainee in the custody of--
                  (A) the Attorney General of the United 
                States; or
                  (B) a State or political subdivision thereof.
    (b) Regulations.--The Attorney General shall promulgate 
regulations governing interceptions described in subsection (a) 
in order to protect--
          (1) communications that are privileged under any 
        privilege recognized by the Supreme Court of the United 
        States; and
          (2) the right to counsel guaranteed by the sixth 
        amendment to the Constitution of the United States.
    (c) Definition of State.--In this subsection, the term 
``State'' means each of the several States of the United 
States, the District of Columbia, and the territories, 
commonwealths, and possessions of the United States.
          * * * * * * *

                      PART II--CRIMINAL PROCEDURE

          * * * * * * *

CHAPTER 206--PEN REGISTERS [AND TRAP AND TRACE DEVICES], TRAP AND TRACE 
                       DEVICES, AND CLONE PAGERS

Sec.
3121. General prohibition on pen register [and trap and trace device], 
          trap and trace device, and clone pager use; exception.
3122. Application for an order for a pen register [or a trap and trace 
          device], a trap and trace device, or a clone pager.
3123. Issuance of an order for a pen register [or a trap and trace 
          device], a trap and trace device, or a clone pager.
3124. Assistance in installation and use of a pen register [or a trap 
          and trace device], a trap and trace device, or a clone pager.
3125. Emergency pen register [and trap and trace device], a trap and 
          trace device, or a clone pager installation.
3126. Reports concerning pen registers [and trap and trace devices], a 
          trap and trace devices, and clone pagers.
3127. Definitions for chapter.

Sec. 3121. General prohibition on pen register [and trap and trace 
                    device], trap and trace device, and clone pager 
                    use; exception

    (a) In General.--Except as provided in this section, no 
person may install or use a pen register [or a trap and trace 
device], a trap and trace device, or a clone pager without 
first obtaining a court order under section 3123 of this title 
or under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.).

Sec. 3122. Application for an order for a pen register [or a trap and 
                    trace device], a trap and trace device, or a clone 
                    pager

    (a) Application.--(1) An attorney for the Government may 
make application for an order or an extension of an order under 
section 3123 of this title authorizing or approving the 
installation and use of a pen register [or a trap and trace 
device], a trap and trace device, or a clone pager under this 
chapter, in writing under oath or equivalent affirmation, to a 
court of competent jurisdiction.
    (2) Unless prohibited by State law, a State investigative 
or law enforcement officer may make application for an order or 
an extension of an order under section 3123 of this title 
authorizing or approving the installation and use of a pen 
register [or a trap and trace device], a trap and trace device, 
or a clone pager under this chapter, in writing under oath or 
equivalent affirmation, to a court of competent jurisdiction of 
such State.
          * * * * * * *

Sec. 3123. Issuance of an order for a pen register [or a trap and trace 
                    device] , a trap and trace device, or a clone pager 


    [(a) In General.--Upon an application made under section 
3122 of this title, the court shall enter an ex parte order 
authorizing the installation and use of a pen register or a 
trap and trace device within the jurisdiction of the court if 
the court finds that the attorney for the Government or the 
State law enforcement or investigative officer has certified to 
the court that the information likely to be obtained by such 
installation and use is relevant to an ongoing criminal 
investigation.]
    (a) In General.--Upon an application made under section 
3122, the court shall enter an ex parte order authorizing the 
installation and use of a pen register or a trap and trace 
device within the jurisdiction of the court, or of a clone 
pager for which the service provider is subject to the 
jurisdiction of the court, if the court finds that the attorney 
for the Government or the State law enforcement or 
investigative officer has certified to the court that the 
information likely to be obtained by such installation and use 
is relevant to an ongoing criminal investigation.
    (b) Contents of Order.--An order issued under this 
section--
          (1) shall specify--
                  (A) the identity, if known, of the person to 
                whom is leased or in whose name is listed the 
                telephone line to which the pen register or 
                trap and trace device is to be attached, or, in 
                the case of a clone pager, the identity, if 
                known, of the person who is the subscriber of 
                the paging device, the communications to which 
                will be intercepted by the clone pager;
                  (B) the identify, if known, of the person who 
                is the subject of the criminal investigation;
                  (C) the number and, in known, physical 
                location of the telephone line to which the pen 
                register or trap and trace device is to be 
                attached and, in the case of a trap and trace 
                device, the geographic limits of the trap and 
                trace order, or, in the case of a clone pager, 
                the number of the paging device, communications 
                to which will be intercepted by the clone 
                pager; and
                  (D) a statement of the offense to which the 
                information likely to be obtained by the pen 
                register or trap and trace device relates; and
          (2) shall direct, upon the request of the applicant, 
        the furnishing of information facilities, and technical 
        assistance necessary to accomplish the installation of 
        the pen register [or trap and trace device], trap and 
        trace device, or clone pager under section 3124 of this 
        title.
    (c) Time Period and Extensions.--(1) An order issued under 
this section shall authorize the installation and use of a pen 
register [or a trap and trace device], trap and trace device, 
or a clone pager for a period not to exceed sixty days.
    (2) Extension of such an order may be granted, but only 
upon an application for an order under section 3122 of this 
title and upon the judicial finding required by subsection (a) 
of this section. The period of extension shall be for a period 
not to exceed sixty days.
    (d) Nondisclosure of Existence of Pen Register [or a Trap 
and Trace Device], Trap and Trace Device, or Clone Pager.--An 
order authorizing or approving the installation and use of a 
pen register or a trap and trace device shall direct that--
          (1) the order be sealed until otherwise ordered by 
        the court; and
          (2) the person owning or leasing the line to which 
        the pen register or a trap and trace device is 
        attached, or the paging device, the communications to 
        which will be intercepted by the clone pager, or who 
        has been ordered by the court to provide assistance to 
        the applicant, not disclose the existence of the pen 
        register or trap and trace device or the existence of 
        the investigation to the listed subscriber, or to any 
        other person, unless or until otherwise ordered by the 
        court.

Sec. 3124. Assistance in installation and use of a pen register [or a 
                    trap and trace device], a trap and trace device, or 
                    a clone pager

    (a) Pen Registers.--Upon * * *
          * * * * * * *
    (c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized 
to acquire ant use a clone pager under this chapter, A Federal 
court may order, in accordance with section 3123(b)(2), a 
provider of a paging service or other person, to furnish to 
such investigative or law enforcement officer, all information, 
facilities, and technical assistance necessary to accomplish 
the operation and use of the clone pager unobtrusively and with 
a minimum of interference with the services that the person so 
ordered by the court accords the party with respect to whom the 
programming and use is to take place.
    [(c)] (d) Compensation.--A provider of a wire or electronic 
communication service, landlord, custodian, or other person who 
furnishes facilities or technical assistance pursuant to this 
section shall be reasonably compensated for such reasonable 
expenses incurred in providing such facilities and assistance.
    [(d)] (e) No Cause of Action Against a Provider Disclosing 
Information under this chapter.--No cause of action shall lie 
in any court against any provider of a wire or electronic 
communication service, its officers, employees, agents, or 
other specified persons for providing information, facilities, 
or assistance in accordance with the terms of a court order 
under this chapter or request purusant to section 3125 of this 
title.
    [(e)] (f) Defense.--A good faith reliance on a court order 
under this chapter, a request pursuant to section 3125 of this 
title, a legislative authorization, or a statutory 
authorization is a complete defense against any civil or 
criminal action brought under this chapter or any other law.
    [(f)] (g) Communications Assistance Enforcement Orders.--
Pursuant to section 2522, an order may be issued to enforce the 
assistance capability and capacity requirements under the 
Communication Assistance for Law Enforcement Act.

Sec. 3125. Emergency pen register [and trap and trace device] trap and 
                    trace device, and clone pager installation

    (a) Notwithstanding * * *
          (1) an emergency situation exists that involves--
                  (A) immediate danger of death or serious 
                bodily injury to any person; or
                  (B) conspiratorial activities characteristic 
                of organized crime, that requires the 
                installation and use of a pen register [or a 
                trap and trace device], a trap and trace 
                device, or a clone pager before an order 
                authorizing such installation and use can, with 
                due diligence, be obtained, and
          (2) there are grounds upon which an order could be 
        entered under this chapter to authorize such 
        installation and use;
may have installed and use a pen register [or trap and trace 
device], trap and trace device, or clone pager if, within 
forty-eight hours after the installation has occurred, or 
begins to occur, an order approving the installation or use is 
issued in accordance with section 3123 of this title.
    (b) In the absence of an authorizing order, such use shall 
immediately terminate when the information sought is obtained, 
when the application for the order is denied or when forty-
eight hours have lapsed since the installation of the pen 
register [or trap and trace device], trap and trace device, or 
clone pager, which is earlier.
    (c) The knowing installation or use by any investigative or 
law enforcement officer of a pen register [or trap and trace 
device], trap and trace device, or clone pager pursuant to 
subsection (a) without application for the authorizing order 
within forty-eight hours of the installation shall constitute a 
violation of this chapter.
          * * * * * * *

Sec. 3126. Reports concerning pen registers [and trap and trace 
                    devices], trap and trace devices, and clone pagers

    The Attorney General shall annually report to Congress on 
the number of pen register orders and orders for trap and trace 
devices or clone pagers applied for by law enforcement agencies 
of the Department of Justice.

Sec. 3127. Definitions for chapter

    As used in this chapter--
          (1) the terms ``wire communcation'', ``electronic 
        communication'', and ``electronic communication 
        service'' have the meanings set forth for such terms in 
        section 2510 of this title;
          * * * * * * *
          (4) the term ``trap and trace device'' means a device 
        which captures the incoming electronic or other 
        impulses which identify the originating number of an 
        instrument or device from which a wire or electronic 
        communication was transmitted;
          (5) the term ``clone pager'' means a numeric display 
        device that receives communications intended for 
        another numeric display paging device;
    [(5)] (6) the term ``attorney for the Government'' has the 
meaning given such term for the purposes of the Federal Rules 
of Criminal Procedure; and
    [(6)] (7) the term ``State'' means a State, the District of 
Columbia, Puerto Rico, and any other posssession or territory 
of the United States.
          * * * * * * *

                        CHAPTER 213--LIMITATIONS

Sec.
[3281. Capital offenses.]
3281. Capital offenses and class A felonies involving murder.
     * * * * * * *
3296. Class A violent and drug trafficking offenses.

[Sec. 3281. Capital offenses

    [An indictment for any offense punishable by death may be 
found at any time without limitation.]

Sec. 3281. Capital offenses and Class A felonies involving murder

    (a) Capital Offenses.--An indictment for any offense 
punishable by death may be found at any time without 
limitation.
    (b) Class A Felonies Involving Murder.--
          (1) In general.--An indictment or information for any 
        Class A felony involving murder may be found at any 
        time without limitation.
          (2) Definition of murder.--In this subsection, the 
        term ``murder''--
                  (A) has the meaning given the term in section 
                1111 of this title; and
                  (B) in the case of an offense under section 
                1963(a) of this title involving racketeering 
                activity described in section 1961(1) of this 
                title, has the meaning given that term under 
                applicable State law.''
          * * * * * * *

Sec. 3296. Class A violent and drug trafficking offenses

    Except as provided in section 3281, no person shall be 
prosecuted, tried, or punished for a Class A felony that is a 
crime of violence or that is a drug trafficking crime (as that 
term is defined in section 924(c)) unless the indictment is 
returned or the information is filed not later than 10 years 
after the date on which the offense is committed.
          * * * * * * *

            CHAPTER 219--TRIAL BY UNITED STATES MAGISTRATES

          * * * * * * *

Sec. 3401. Misdemeanors; application of probation laws

    (a) When * * *
          * * * * * * *
    (g) The magistrate judge may, in a petty offense case 
involving a juvenile, that is a class B misdemeanor charging a 
motor vehicle offense, a class C misdemeanor, or an infraction, 
exercise all powers granted to the district court under chapter 
403 of this title. The magistrate judge may, in any class A 
misdemeanor or any other class B or C misdemeanor case 
involving a juvenile in which consent to trial before a 
magistrate judge has been filed under subsection (b), exercise 
all powers granted to the district court under chapter 403 of 
this title. For purposes of this subsection, proceedings under 
chapter 403 of this title may be instituted against a juvenile 
by a violation notice or complaint[, except that no] such case 
may proceed unless the certification referred to in section 
5032 of this title has been filed in open court at the 
arraignment. No term of imprisonment shall be imposed by the 
magistrate in any such case.
          * * * * * * *

                         CHAPTER 227--SENTENCES

          * * * * * * *

                    Subchapter A--General Provisions

          * * * * * * *

Sec. 3553. Imposition of a sentence

    (a) Factors To Be Considered in Imposing a Sentence.--The 
court shall impose a sentence sufficient, but not greater than 
necessary, to comply with the purposes set forth in paragraph 
(2) of this subsection. The court, in determining the 
particular sentence to be imposed, shall consider--
          * * * * * * *
    (f) Limitation on Applicability of Statutory Minimums in 
Certain Cases.--Notwithstanding any other provision of law, in 
the case of an offense under section 401, 404, or 406 of the 
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 
1010 or 1013 of the Controlled Substances Import and Export Act 
(21 U.S.C. 960, 963), the court shall impose a sentence 
pursuant to guidelines promulgated by the United States 
Sentencing Commission under section 994 of title 28 without 
regard to any statutory minimum sentence, if the court finds at 
sentencing, after the Government has been afforded the 
opportunity to make a recommendation, that--
          (1) the defendant does not have more than 1 criminal 
        history point, as deter-
          * * * * * * *
          (5) not later than the time of the sentencing 
        hearing, the defendant has truthfully provided to the 
        Government all information and evidence the defendant 
        has concerning the offense or offenses that were part 
        of the same course of conduct or of a common scheme or 
        plan, but the fact that the defendant has no relevant 
        or useful other information to provide or that the 
        Government is already aware of the information shall 
        not preclude a determination by the court that the 
        defendant has complied with this requirement.
  (g) Limitation on Applicability of Statutory Minimums in 
Certain Prosecutions of Persons Under the Age of 16.--
Notwithstanding any other provision of law, in the case of a 
defendant convicted forconduct that occurred before the 
juvenile attained the age of 16 years, the court shall impose a 
sentence without regard to any statutory minimum sentence if the court 
finds at sentencing, after affording the Government an opportunity to 
make a recommendation, that the juvenile has not been previously 
adjudicated delinquent for, or convicted of, a serious violent felony 
or a serious drug offense (as those terms are defined in section 
3559(c)).
    (h) Treatment of Juvenile Criminal History in Federal 
Sentencing.--
          (1) In general.--
                  (A) Sentencing guidelines.--Pursuant to its 
                authority under section 994 of title 28 and the 
                amendments made by section 111 of the Violent 
                and Repeat Juvenile Offender Act of 1997, the 
                United States Sentencing Commission shall amend 
                the Federal Sentencing Guidelines to provide 
                that, in determining the criminal history score 
                under the guidelines for any adult offender or 
                any juvenile offender being sentenced as an 
                adult, prior juvenile convictions and 
                adjudications for offenses described in 
                paragraph (2) shall receive a score similar to 
                that which the defendant would have received if 
                those offenses had been committed when the 
                defendant was an adult, provided that any 
                portion of the sentence for the offense was 
                imposed or served within 15 years after the 
                commencement of the instant offense.
                  (B) Reviews.--The Commission shall also 
                review the criminal history treatment of 
                juvenile adjudications or convictions for other 
                offenses to determine whether it should be 
                adjusted in a similar fashion, and make any 
                additional guideline amendments necessary to 
                make whatever adjustments it concludes are 
                needed to implement the results of the review.
          (2) Offenses described.--The offenses described in 
        paragraph (1) shall include--
                  (A) any crime of violence;
                  (B) any controlled substance offense;
                  (C) any other offense for which the defendant 
                received a sentence or disposition of 
                imprisonment of 1 year or more; and
                  (D) any other offense punishable by a term of 
                imprisonment of more than 1 year for which the 
                defendant was prosecuted as an adult.
          (3) Definitions.--The guidelines described in 
        paragraph (1) shall define the terms ``crime of 
        violence'' and ``controlled substance offense'' in 
        substantially the same manner as those terms are 
        defined in Guideline Section 4B1.2 of the November 1, 
        1995, Guidelines Manual.
          (4) Juvenile adjudications.--In carrying out this 
        subsection, the Commission shall assign criminal 
        history points for juvenile adjudications based 
        principally on the nature of the acts committed by the 
        juvenile but may also provide for some adjustment of 
        the score in light of the length of sentence the 
        juvenile received.
          (5) Emergency authority.--The Commission shall 
        promulgate the guidelines or amendments provided for 
        under this subsection as soon as practicable, and in 
        any event not later than 90 days after the date of 
        enactment of the Violent and Repeat Juvenile Offender 
        Act of 1997, in accordance with the procedures set 
        forth in section 21(a) of the Sentencing Act of 1987, 
        as though the authority under that authority had not 
        expired, except that the Commission shall submit to 
        Congress the emergency guidelines or amendments 
        promulgated under this section, and shall set an 
        effective date for those guidelines or amendments not 
        earlier than 30 days after their submission to 
        Congress.
          (6) Career offender determination.--Pursuant to its 
        authority under section 994 of title 28 and the 
        amendments made by section 111 of the Violent and 
        Repeat Juvenile Offender Act of 1997, the United States 
        Sentencing Commission shall amend the Federal 
        Sentencing Guidelines to provide for inclusion, in any 
        determination whether a juvenile or adult defendant is 
        a career offender under section 994(h) of title 28 and 
        any computation of what sentence any defendant found to 
        be a career offender should be given, of any act for 
        which the defendant was previously convicted or 
        adjudicated delinquent as a juvenile that would be a 
        felony covered by that section if it had been committed 
        as an adult.
          * * * * * * *

            CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

          * * * * * * *

Sec. 3663. Order of restitution

    (a)(1)(A) The * * *
          * * * * * * *
    (c)(1) Notwithstanding any other provision of law (but 
subject to the provisions of subsections (a)(1)(B)(i)(II) and 
(ii), when sentencing a defendant convicted of an offense 
described in section 401, 408(a), 409, 416, 420, or 422(a) of 
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 
861, 863), in which there is no identifiable victim, the court 
may order that the defendant make restitution in accordance 
with this subsection.
          * * * * * * *
    (4) The court shall not make an award under this subsection 
if it appears likely that such award would interfere with a 
forfeiture under section 521 of this title, chapter 46 or 
chapter 96 of this title or under the Controlled Substances Act 
(21 U.S.C. 801 et seq.).
          * * * * * * *

               PART IV--CORRECTION OF YOUTHFUL OFFENDERS

          * * * * * * *

                    CHAPTER 401--GENERAL PROVISIONS

Sec.
[5001. Surrender to State authorities; expenses.
[5003.] 5001. Custody of State offenders.
5002. Repealed.

[Sec. 5001. Surrender to State authorities; expenses

    [Whenever any person under twenty-one years of age has been 
arrested, charged with the commission of an offense punishable 
in any court of the United States or of the District of 
Columbia, and, after investigation by the Department of 
Justice, it appears that such person has committed an offense 
or is a delinquent under the laws of any State or of the 
District of Columbia which can and will assume jurisdiction 
over such juvenile and will take him into custody and deal with 
him according to the laws of such State or of the District of 
Columbia, and that it will be to the best interest of the 
United States and of the juvenile offender, the United States 
attorney of the district in which such person has been arrested 
may forego his prosecution and surrender him as herein 
provided, unless such surrender is precluded under section 5032 
of this title.
    [The United States Marshal of such district upon written 
order of the United States attorney shall convey such person to 
such State or the District of Columbia, or, if already therein, 
to any other part thereof and deliver him into the custody of 
the proper authority thereof.
    [Before any person is conveyed from one State to another or 
from or to the District of Columbia under this section, he 
shall signify his willingness to be so returned, or there shall 
be presented to the United States attorney a demand from the 
executive authority of such State or the District of Columbia, 
to which the prisoner is to be returned, supported by 
indictment or affidavit as prescribed by section 3182 of this 
title.
    [The expense incident to the transportation of any such 
person, as herein authorized, shall be paid from the 
appropriation ``Salaries, Fees, and Expenses, United States 
Marshals.'']

Sec. [5003.] 5001. Custody of State offenders

    (a)(1) The Director of the Bureau of Prisons when proper 
and adequate facilities and personnel are available may 
contract with proper officials of a State or territory, for the 
custody, care, subsistence, education, treatment, and training 
of persons convicted of criminal offenses in the courts of such 
State or territory.
          * * * * * * *

                   CHAPTER 403--JUVENILE DELINQUENCY

Sec.
5031. Definitions.
[5032. Delinquency proceedings in district courts; transfer for criminal 
          prosecution.]
5032. Delinquency proceedings in district courts; juveniles tried as 
          adults; transfer for other criminal prosecution.
     * * * * * * *
5039. Implementation of a sentence.

[Sec. 5031. Definitions

    [For the purposes of this chapter, a ``juvenile'' is a 
person who has not attained his eighteenth birthday, or for the 
purpose of proceedings and disposition under this chapter for 
an alleged act of juvenile delinquency, a person who has not 
attained his twenty-first birthday, and ``juvenile 
delinquency'' is the violation of a law of the United States 
committed by a person prior to his eighteenth birthday which 
would have been a crime if committed by an adult or a violation 
by such a person of section 922(x).]

Sec. 5031. Definitions

  In this chapter:
          (1) Adult inmate.--The term ``adult inmate'' means an 
        individual 18 years of age or older arrested and 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 his or her 
                eighteenth birthday; 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 his or her twenty-first birthday.
          (3) Juvenile delinquency.--The term ``juvenile 
        delinquency'' means the violation of a law of the 
        United States committed by a person prior to 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 an adult 
                inmate and a juvenile.
                  (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 that term is 
        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 that term is defined 
        in section 16).''

[Sec. 5032. Delinquency proceedings in district courts; transfer for 
                    criminal prosecution

    [A juvenile alleged to have committed an act of juvenile 
delinquency, other than a violation of law committed within the 
special maritime and territorial jurisdiction of the United 
States for which the maximum authorized term of imprisonment 
does not exceed six months, shall not be proceeded against in 
any court of the United States unless the Attorney General, 
after investigation, certifies to the appropriate district 
court of the United States that (1) the juvenile court or other 
appropriate court of a State does not have jurisdiction or 
refuses to assume jurisdiction over said juvenile with respect 
to such alleged act of juvenile delinquency, (2) the State does 
not have available programs and services adequate for the needs 
of juveniles, or (3) the offense charged is a crime of violence 
that is a felony or an offense described in section 401 of the 
Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 
1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled 
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 
959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), 
(g), or (h) of this title, and that there is a substantial 
Federal interest in the case or the offense to warrant the 
exercise of Federal jurisdiction.
    [If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of 
such State. For purposes of this section, the term ``State'' 
includes a State of the United States, the District of 
Columbia, and any commonwealth, territory, or possession of the 
United States.
    [If an alleged juvenile delinquent is not surrendered to 
the authorities of a State pursuant to this section, any 
proceedings against him 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, in chambers 
or otherwise. The Attorney General shall proceed by information 
or as authorized under section 3401(g) of this title, and no 
criminal prosecution shall be instituted for the alleged act of 
juvenile delinquency except as provided below.
    [A juvenile who is alleged to have committed an act of 
juvenile delinquency and who is not surrendered to State 
authorities shall be proceeded against under this chapter 
unless he has requested in writing upon advice of counsel to be 
proceeded against as an adult, except that, with respect to a 
juvenile fifteen years and older alleged to have committed an 
act after his fifteenth birthday which if committed by an adult 
would be a felony that is a crime of violence or an offense 
described in section 401 of the Controlled Substances Act (21 
U.S.C. 841), or section 1002(a), 1005, or 1009 of the 
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 
955, 959), or section 922(x) of this title, or in section 
924(b), (g), or (h) of this title, criminal prosecution on the 
basis of the alleged act may be begun by motion to transfer of 
the Attorney General in the appropriate district court of the 
United States, if such court finds, after hearing, such 
transfer would be in the interest of justice. In the 
application of the preceding sentence, if the crime of violence 
is an offense under section 113(a), 113(b), 113(c), 1111, 1113, 
or, if the juvenile possessed a firearm during the offense, 
section 2111, 2113, 2241(a), or 2241(c), ``thirteen'' shall be 
substituted for ``fifteen'' and ``thirteenth'' shall be 
substituted for ``fifteenth''. Notwithstanding sections 1152 
and 1153, no person subject to the criminal jurisdiction of an 
Indian tribal government shall be subject to the preceding 
sentence for any offense the Federal jurisdiction for which is 
predicated solely on Indian country (as defined in section 
1151), and which has occurred within the boundaries of such 
Indian country, unless the governing body of the tribe has 
elected that the preceding sentence have effect over land and 
persons subject to its criminal jurisdiction. However a 
juvenile who is alleged to have committed an act after his 
sixteenth birthday which if committed by an adult would be a 
felony offense that has as an element thereof the use, 
attempted use, or threatened use of physical force against the 
person of another, or that, by its very nature, involves a 
substantial risk that physical force against the person of 
another may be used in committing the offense, or would be an 
offense described in section 32, 81, 844(d), (e), (f), (h), (i) 
or 2275 of this title, subsection (b)(1) (A), (B), or (C), (d), 
or (e) of section 401 of the Controlled Substances Act, or 
section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the 
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 
953, 959, 960(b) (1), (2), (3)), and who has previously been 
found guilty of an act which if committed by an adult would 
have been one of the offenses set forth in this paragraph or an 
offense in violation of a State felony statute that would have 
been such an offense if a circumstance giving rise to Federal 
jurisdiction had existed, shall be transferred to the 
appropriate district court of the United States for criminal 
prosecution.
    [Evidence of the following factors shall be considered, and 
findings with regard to each factor shall be made in the 
record, in assessing whether a transfer would be in the 
interest of justice: the age and social background of the 
juvenile; the nature of the alleged offense; the extent and 
nature of the juvenile's prior delinquency record; the 
juvenile's present intellectual development and psychological 
maturity; the nature of past treatment efforts and the 
juvenile's response to such efforts; the availability of 
programs designed to treat the juvenile's behavioral problems. 
In considering the nature of the offense, as required by this 
paragraph, the court shall consider the extent to which the 
juvenile played a leadership role in an organization, or 
otherwise influenced other persons to take part in criminal 
activities, involving the use or distribution of controlled 
substances or firearms. Such a factor, if found to exist, shall 
weigh in favor of a transfer to adult status, but the absence 
of this factor shall not preclude such a transfer.
    [Reasonable notice of the transfer hearing shall be given 
to the juvenile, his parents, guardian, or custodian and to his 
counsel. The juvenile shall be assisted by counsel during the 
transfer hearing, and at every other critical stage of the 
proceedings.
    [Once a juvenile has entered a plea of guilty or the 
proceeding has reached the stage that evidence has begun to be 
taken with respect to a crime or an alleged act of juvenile 
delinquency subsequent criminal prosecution or juvenile 
proceedings based upon such alleged act of delinquency shall be 
barred.
    [Statements made by a juvenile prior to or during a 
transfer hearing under this section shall not be admissible at 
subsequent criminal prosecutions.
    [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 the provisions of this chapter.
    [A juvenile shall not be transferred to adult prosecution 
nor shall a hearing be held under section 5037 (disposition 
after a finding of juvenile delinquency) until any prior 
juvenile court records of such juvenile have been received by 
the court, or the clerk of the juvenile court has certified in 
writing that the juvenile has no prior record, or that the 
juvenile's record is unavailable and why it is unavailable.
    [Whenever a juvenile is adjudged delinquent pursuant to the 
provisions of this chapter, the specific acts which the 
juvenile has been found to have committed shall be described as 
part of the official record of the proceedings and part of the 
juvenile's official record.]

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

    (a) In General.--A juvenile who is alleged to have 
committed a Federal offense shall, except as provided 
insubsection (d), be tried in the appropriate district court of the 
United States--
          (1) in the case of an offense described in subsection 
        (c), if the juvenile was not less than 14 years of age 
        at the time of the offense, as an adult at the 
        discretion of the United States Attorney in the 
        appropriate jurisdiction, upon certification by that 
        United States Attorney (which certification shall not 
        be subject to review in or by any court) that--
                  (A) there is a substantial Federal interest 
                in the case or the offense to warrant the 
                exercise of Federal jurisdiction; or
                  (B) the ends of justice otherwise so require;
          (2) in the case of a felony offense that is not 
        described in subsection (c) as an adult, upon 
        certification by the Attorney General (which 
        certification shall not be subject to review in or by 
        any court) that--
                  (A) there is a substantial Federal interest 
                in the case or the offense to warrant the 
                exercise of Federal jurisdiction; or
                  (B) the ends of justice otherwise so require; 
                and
          (3) in all other cases, as a juvenile.
  (b) Joinder; Lesser Included Offenses.--In a prosecution 
under this section, a juvenile may be prosecuted and convicted 
as an adult for any offense that is properly joined under the 
Federal Rules of Criminal Procedure with an offense under 
subsection (c), and may also be convicted of a lesser included 
offense.
  (c) Offenses Described.--For purposes of subsection (a)(1), 
an offense is described in this subsection if it is a Federal 
offense that--
          (1) is a serious violent felony or a serious drug 
        offense described in section 3559(c), except that the 
        provisions of paragraph (c)(3) of section 3559 shall 
        not apply to this section; or
          (2) is a conspiracy or an attempt to commit an 
        offense described in paragraph (1).
  (d) Referral by United States Attorney.--
          (1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of an 
        offense under this section, the United States Attorney 
        may refer the matter to the appropriate legal 
        authorities of the State or Indian tribe with 
        jurisdiction over both the offense and the juvenile.
          (2) Definitions.--In this subsection:
                  (A) Indian tribe.--The term ``Indian tribe'' 
                has the meaning given that term in section 4(e) 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b(e)).
                  (B) 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.
  (e) Applicable Procedures.--Any action prosecuted in a 
district court of the United States under this section--
          (1) shall proceed in the same manner as is required 
        by this title and by the Federal Rules of Criminal 
        Procedure in proceedings against an adult in the case 
        of a juvenile who is being tried as an adult in 
        accordance with subsection (a); and
          (2) in all other cases, shall proceed in accordance 
        with this chapter, unless the juvenile has requested in 
        writing, upon advice of counsel, to be proceeded 
        against as an adult.
  (f) Application of Laws.--
          (1) In general.--Except as otherwise provided in this 
        chapter, in any case in which a juvenile is prosecuted 
        in a district court of the United States as an adult, 
        the juvenile shall be subject to the same laws, rules, 
        and proceedings regarding sentencing (including the 
        availability of probation, restitution, fines, 
        forfeiture, imprisonment, and supervised release) that 
        would be applicable in the case of an adult. No 
        juvenile sentenced to a term of imprisonment shall be 
        released from custody simply because the juvenile 
        reaches the age of 18 years. Juveniles tried as adults 
        shall be sentenced under Federal sentencing guidelines 
        consistent with section 994(z) of title 28, United 
        States Code, once such guidelines are promulgated and 
        go into effect.
          (2) Applicability of mandatory restitution provisions 
        to certain juveniles.--If a juvenile is tried as an 
        adult for any offense to which the mandatory 
        restitution provisions of sections 3663A, 2248, 2259, 
        2264, and 2323 apply, those sections shall apply to 
        that juvenile in the same manner and to the same extent 
        as those provisions apply to adults.
  (g) Open Proceedings.--
          (1) In general.--Any offense tried in a district 
        court of the United States under this section shall be 
        open to the general public, in accordance with rules 
        10, 26, 31(a), and 53 of the Federal Rules of Criminal 
        Procedure, unless good cause is established by the 
        moving party or is otherwise found by the court, for 
        closure.
          (2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall 
        not constitute good cause for purposes of this 
        subsection.
  (h) Availability of Records.--
          (1) In general.--In making a determination concerning 
        the arrest or prosecution of a juvenile in a district 
        court of the United States under this section, subject 
        to the requirements of section 5038, the United States 
        Attorney of the appropriate jurisdiction shall have 
        complete access to the prior Federal juvenile records 
        of the subject juvenile and, to the extent permitted by 
        State law, the prior State juvenile records of the 
        subject juvenile.
          (2) Consideration of entire record.--In any case in 
        which a juvenile is found guilty in an action under 
        this section, the district court responsible for 
        imposing sentence shall have complete access to the 
        prior Federal juvenile records of the subject juvenile 
        and, to the extent permitted under State law, the prior 
        State juvenile records of the subject juvenile. At 
        sentencing, the district court shall consider the 
        entire available prior juvenile record of the subject 
        juvenile.
          (3) Release of records.--The Director of the Federal 
        Bureau of Investigation may release such Federal 
        records and, to the extent permitted by State law, such 
        State records, to law enforcement authorities of any 
        jurisdiction and to officials of any school, school 
        district, or postsecondary school at which the 
        individual who is the subject of the juvenile record is 
        enrolled or seeks, intends, or is instructed to enroll, 
        if such school officials are held liable to the same 
        standards and penalties to which law enforcement and 
        juvenile justice system employees are held liable under 
        Federal and State law for the handling and disclosure 
        of such information.

Sec. 5033. Custody prior to appearance before magistrate

    Whenever a juvenile is taken into custody for an alleged 
act of juvenile delinquency, the arresting officer shall 
immediately advise such juvenile of his legal rights, in 
language comprehensive to a juvenile, and shall [immediately 
notify the Attorney General] 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 the juvenile's parents guardian, or 
custodian of such custody. The arresting officer shall also 
notify the parents, guardian, or custodian of the rights of the 
juvenile and of the nature of the alleged offense.
    The juvenile shall be taken before a magistrate forthwith. 
In no event shall be juvenile be detained for longer than a 
reasonable period of time before being brought before a 
magistrate, 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 communications.

Sec. 5034. Duties of magistrate

    [The magistrate shall insure]
    (a) In General._
          (1) Representation by counsel.--The magistrate shall 
        ensure that the juvenile is represented by counsel 
        before proceeding with critical stages of the 
        proceedings. Counsel shall be assigned to represent a 
        juvenile when the juvenile and his parents, guardian, 
        or custodian are financially unable to obtain adequate 
        representation. In cases where the juvenile and his 
        parents, guardian, or custodian are financially able to 
        obtain adequate representation but have not retained 
        counsel, the magistrate may assign counsel and order 
        the payment of reasonable attorney's fees or may direct 
        the juvenile, his parents, guardian, or custodian to 
        retain private counsel within a specified period of 
        time.
    [The magistrate may appoint]
          (2) Guardian ad litem.--The magistrate may appoint a 
        guardian ad litem if a parent or guardian of the 
        juvenile is not present, or if the magistrate has 
        reason to believe that the parents or guardian will not 
        cooperate with the juvenile in preparing for trial, or 
        that the interests of the parents or guardian and those 
        of the juvenile are adverse.
    [If the juvenile]
    (b) Release Prior to Disposition.--Except as provided in 
subsection (c), of the juvenile has not been discharged before 
his initial appearance before the magistrate, the magistrate 
shall release the juvenile to his parents, guardian, custodian, 
or other responsible party (including, but not limited to, the 
director of a shelter-care facility) upon their promise to 
bring such juvenile before the appropriate court when requested 
by such court unless the magistrate determines, after hearing, 
at which the juvenile is represented by counsel, that the 
detention of such juvenile is required to secure his timely 
appearance before the appropriate court or to insure his safety 
or that of others.
  (c) Release of Certain Juveniles.--Notwithstanding subsection 
(b), a juvenile who is to be tried as an adult under 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 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 under section 5032 for an offense committed while 
        on release under this section.

Sec. 5035. Detention prior to disposition

    [A juvenile] (a) In General.--A juvenile alleged to be 
delinquent may be detained only in a juvenile facility or such 
other suitable place as the Attorney General may designate. 
Whenever possible, detention shall be in a foster home or 
community based facility located in or near his home community. 
The Attorney General shall not cause any juvenile alleged to be 
delinquent to be detained or confined in any institution in 
which the juvenile has [regular contact] prohibited physical 
contact or sustained oral communication with adult persons 
convicted of a crime or awaiting trial on criminal changes. 
Insofar as possible, alleged delinquents shall be kept separate 
from adjudicated delinquents. To the extent practicable, 
violent juveniles shall be kept separate from nonviolent 
juveniles. Every juvenile in custody shall be provided with 
adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including 
necessary psychiatric, psychological, or other care and 
treatment.
  (b) Detention of Certain Juveniles.--
          (1) In general.--Notwithstanding subsection (a), a 
        juvenile who is to be tried as an adult under section 
        5032 shall be subject to detention in accordance with 
        chapter 207 in the same manner, to the same extent, and 
        subject to the same terms and conditions as an adult 
        would be subject to under that chapter.
          (2) Exception.--A juvenile shall not be detained or 
        confined in any institution in which the juvenile has 
        prohibited physical contact with adult inmates, or can 
        engage in sustained oral communication. To the extent 
        practicable, violent juveniles shall be kept separate 
        from nonviolent juveniles.

Sec. 5036. Speedy trial

    If an alleged delinquent who is in detention pending trial 
is not brought to trial within [thirty] 70 days from the date 
upon which such detention was begun, the information shall be 
dismissed on motion of the alleged delinquent or at the 
direction of [the court, unless the Attorney General shows that 
additional delay was caused by the juvenile or his counsel, or 
consented to by the juvenile and his counsel, or would be in 
the interest of justice in the particular case. Delays 
attributable solely to court calendar congestion may not be 
considered in the interest of justice. Except in extraordinary 
circumstance, an information dismissed under this section may 
not be reinstituted.] 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. 5037. Dispositional hearing

    [(a) If the court finds a juvenile to be a juvenile 
delinquent, the court shall hold a disposition hearing 
concerning the appropriate disposition no later than twenty 
court days after the juvenile delinquency hearing unless the 
court has ordered further study pursuant to subsection (d). 
After the disposition hearing, and after considering any 
pertinent policy statements promulgated by the Sentencing 
Commission pursuant to 28 U.S.C. 994, the court may suspend the 
findings of juvenile delinquency, enter an order of restitution 
pursuant to section 3556, place him on probation, or commit him 
to official detention. With respect to release or detention 
pending an appeal or a petition for a writ of certiorari after 
disposition, the court shall proceed pursuant to the provisions 
of chapter 207.]
  (a) In General.--
          (1) Dispositional hearing.--In a proceeding under 
        section 5032(a)(3), 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). A 
        predisposition report shall be prepared by the 
        probation officer who shall promptly provide a copy to 
        the juvenile, the juvenile's counsel, and the attorney 
        for the Government. Victim impact information shall be 
        included in the report, 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.
          (2) Actions of court after hearing.--After the 
        dispositional hearing, after considering any pertinent 
        policy statements promulgated by the United States 
        Sentencing Commission pursuant to section 994 of title 
        28, and in conformance with the guidelines promulgated 
        by the United States Sentencing Commission pursuant to 
        section 994(z)(1)(B) of title 28, the court--
                  (A) shall place the juvenile on probation or 
                commit the juvenile to official detention 
                (including the possibility of a term of 
                supervised release), and impose any fine that 
                would be authorized if the juvenile had been 
                tried and convicted as an adult; and
                  (B) may enter an order of restitution 
                pursuant to section 3663.
    (b) The term for which probation or supervised release may 
be ordered for a juvenile found to be a juvenile delinquent may 
not [extend--
          [(1) in the case of a juvenile who is less than 
        eighteen years old, beyond the lesser of--
                  [(A) the date when the juvenile becomes 
                twenty-one years old; or
                  [(B) the maximum term that would be 
                authorized by section 3561(c) if the juvenile 
                had been tried and convicted as an adult; or
          [(2) in the case of a juvenile who is between 
        eighteen and twenty-one years old, beyond the lesser 
        of--
                  [(A) three years; or
                  [(B) the maximum term that would be 
                authorized by section 3561(c) if the juvenile 
                had been tried and convicted as an adult.
[The provisions] extend, in the case of a juvenile, beyond the 
maximum term of probation that would be authorized by section 
3561, or beyond the maximum term of supervised release 
authorized by section 3583, if the juvenile had been tried and 
convicted as an adult. The provisions dealing with supervised 
release set forth in section 3583 and the provisions dealing 
with probation set forth in sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation or 
supervised release.
    (c) The term for which official detention may be ordered 
for a juvenile found to be a juvenile delinquent [may not 
extend--
          [(1) in the case of a juvenile who is less than 
        eighteen years old, beyond the lesser of--
                  [(A) the date when the juvenile becomes 
                twenty-one years old; or
                  [(B) the maximum term of imprisonment that 
                would be authorized if the juvenile had been 
                tried and convicted as an adult; or
          [(2) in the case of a juvenile who is between 
        eighteen and twenty-one years old--
                  [(A) who if convicted as an adult would be 
                convicted of a Class A, B, or C felony, beyond 
                five years; or
                  [(B) in any other case beyond the lesser of--
                          [(i) three years; or
                          [(ii) the maximum term of 
                        imprisonment that would be authorized 
                        if the juvenile had been tried and 
                        convicted as an adult.
[Section 3624] may not extend beyond the earlier of the 26th 
birthday of the juvenile or the termination date of the maximum 
term of imprisonment, exclusive of any term of supervised 
release, that would be authorized if the juvenile had been 
tried and convicted as an adult. No juvenile sentenced to a 
term of imprisonment shall be released from custody simply 
because the juvenile reaches the age of 18 years. Section 3624 
is applicable to an order placing a juvenile under detention.
          * * * * * * *

Sec. 5038. Use of juvenile records

    (a) Throughout and upon the completion of the juvenile 
delinquency proceeding, the records shall be safeguarded from 
disclosure to unauthorized persons. The records shall be 
released to the extent necessary to meet the following 
circumstances:
          (1) inquiries received from another court of law;
          (2) inquiries from an agency preparing a presentence 
        report for another court;
          (3) inquiries from law enforcement agencies where the 
        request for information is related to the investigation 
        of a crime or a position within that agency or analysis 
        requested by the Attorney General;
          * * * * * * *
          (5) inquiries from an agency considering the person 
        for a position immediately and directly affecting the 
        national security; [and]
          [(6) inquiries from any victim of such juvenile 
        delinquency, or if the victim is deceased from the 
        immediate family of such victim, related to the final 
        disposition of such juvenile by the court in accordance 
        with section 5037.]
          (6) communications with any victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of the victim in order to apprise such 
        victim or representative of the status or disposition 
        of the proceeding or in order to effectuate any other 
        provision of law or to assist in a victim's, or the 
        victim's official representative's, allocution at 
        disposition; and
          (7) inquiries from any school or other educational 
        institution for the purpose of ensuring the public 
        safety and security at such institution.
    (b) Access by United States Attorney.--Notwithstanding 
subsection (a), in determining the appropriate disposition of a 
juvenile matter under section 5032, the United States Attorney 
of the appropriate jurisdiction shall have complete access to 
the official records of the juvenile proceedings conducted 
under this title.
[Unless]
    (c) Prohibition on Release of Certain Information.--Unless 
otherwise authorized by this section, information about the 
juvenile record may not be released when the request for 
information is related to an application for employment, 
license, bonding, or any civil right or privilege. Responses to 
such inquiries shall not be different from responses made about 
persons who have never been involved in a delinquency 
proceeding.
    [(b)] (d) District courts exercising jurisdiction over any 
juvenile shall inform the juvenile, and his parent or guardian, 
in writing in clear and nontechnical language, of rights 
relating to his juvenile record.
    [(c)] (e) During the course of any juvenile delinquency 
proceeding, all information and records relating to the 
proceeding, other than necessary docketing information, which 
are obtained or prepared in the discharge of an official duty 
by an employee of the court or an employee of any other 
governmental agency, shall not be disclosed directly or 
indirectly to anyone other than the judge, counsel for the 
juvenile and the Government, or others entitled under this 
section to receive juvenile records.
    [(d) Whenever a juvenile is found guilty of committing an 
act which if committed by an adult would be a felony that is a 
crime of violence or an offense described in section 401 of the 
Controlled Substances Act or section 1001(a), 1005, or 1009 of 
the Controlled Substances Import and Export Act, such juvenile 
shall be fingerprinted and photographed. Except a juvenile 
described in subsection (f), fingerprints and photographs of a 
juvenile who is not prosecuted as an adult shall be made 
available only in accordance with the provisions of subsection 
(a) of this section. Fingerprints and photographs of a juvenile 
who is persecuted as an adult shall be made available in the 
manner applicable to adult defendants.
    [(e) Unless a juvenile who is taken into custody is 
prosecuted as an adult neither the name nor picture of any 
juvenile shall be made public in connection with a juvenile 
deliquency proceeding.
    [(f) Whenever a juvenile has on two separate occasions been 
found guilty of committing an act which if committed by an 
adult would be a felony crime of violence or an offense 
described in section 401 of the Controlled Substances Act or 
section 1001(a), 1005, or 1009 of the Controlled Substances 
Import and Export Act, or whenever a juvenile has been found 
guilty of committing an act after his 13th birthday which if 
committed by an adult would be an offense described in the 
second sentence of the fourth paragraph of section 5032 of this 
title, the court shall transmit to the Federal Bureau of 
Investigation the information concerning the adjudications, 
including name, date of adjudication, court, offenses, and 
sentence, along with the notation that the matters were 
juvenile adjudications.]
    (f) Records of Juveniles Tried as Adults.--In any case in 
which a juvenile is tried as an adult, access to the record of 
the offenses of the juvenile shall be made available in the 
same manner as is applicable to adult defendants.
  (g) Fingerprints and Photographs.--
          (1) In general.--In any case in which a juvenile is 
        proceeded against in a district court of the United 
        States under section 5032, that juvenile shall be 
        fingerprinted and photographed.
          (2) Availability of fingerprints and photographs.--
        Fingerprints and photographs of a juvenile--
                  (A) who is prosecuted as an adult, shall be 
                made available in the same manner as is 
                applicable to an adult defendant; and
                  (B) who is not prosecuted as an adult, shall 
                be made available only as provided in 
                subsection (a).
          (3) Information to federal bureau of investigation.--
                  (A) In general.--The court shall transmit to 
                the Federal Bureau of Information the 
                information described in subparagraph (B), in 
                any case in which a juvenile proceeded against 
                in a district court of the United States under 
                section 5032 is found guilty--
                          (i) in the case of a juvenile not 
                        prosecuted as an adult, of any offense 
                        that is a crime of violence or an act 
                        that would be a felony if committed by 
                        an adult; or
                          (ii) in the case of a juvenile 
                        prosecuted as an adult, of any offense.
                  (B) Information.--The information described 
                in this subparagraph is--
                          (i) the information concerning an 
                        adjudication referred to in 
                        subparagraph , including the name of 
                        the juvenile involved, the date of the 
                        adjudication, the court, the offense 
                        involved, and the sentence; and
                          (ii) as appropriate, a notation as to 
                        whether the matters covered in the 
                        information under clause (i) involved a 
                        juvenile tried as an adult or were 
                        juvenile adjudications.

[Sec. 5039. Commitment

    [No juvenile committed, whether pursuant to an adjudication 
of delinquency or conviction for an offense, to the custody of 
the Attorney General may be placed or retained in an adult jail 
or correctional institution in which he has regular contact 
with adults incarcerated because they have been convicted of a 
crime or are awaiting trial on criminal charges.
    [Every juvenile who has been committed shall be provided 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, counseling, education, training, and 
medical care including necessary psychiatric, psychological, or 
other care and treatment.
    [Whenever possible, the Attorney General shall commit a 
juvenile to a foster home or community-based facility located 
in or near his home community.]

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, 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.
          * * * * * * *

                        TITLE 21--FOOD AND DRUGS

          * * * * * * *

             CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL

                 Subchapter I--Control and Enforcement

          * * * * * * *

                     Part D--Offenses and Penalties

Sec. 841. Prohibited acts A

          * * * * * * *
    (b) Penalties.--Except as otherwise provided in section 
859, 860, or 861 of this title, any person who violates 
subsection (a) of this section shall be sentenced as follows:
          (1)(A) In the case of a violation of subsection (a) 
        of this section involving--
          * * * * * * *
          [(5) Any person who violates subsection (a) of this 
        section by cultivating a controlled substance on 
        Federal property shall be imprisoned as provided in 
        this subsection and shall be fined any amount not to 
        exceed--
                  [(A) the amount authorized in accordance with 
                this section;
                  [(B) the amount authorized in accordance with 
                the provisions of Title 18;
                  [(C) $500,000 if the defendant is an 
                individual; or
                  [(D) $1,000,000 if the defendant is other 
                than an individual;
        or both.]
          (5) Whoever violates subsection (a) of this section 
        by cultivating or manufacturing a controlled substance 
        on any property in whole or in part owned by or leased 
        to the United States or any department or agency 
        thereof shall be subject to twice the maximum 
        punishment otherwise authorized for the offense.
          * * * * * * *

Sec. 859. Distribution to persons under age twenty-one

    (a) First Offense.--Except as provided in section 860 of 
this title, any person at least eighteen years of age who 
violates section 841(a)(1) of this title by distributing a 
controlled substance to a person under twenty-one years of age 
is (except as provided in subsection (b) of this section) 
subject to (1) twice the maximum punishment authorized by 
section 841(b) of this title and (2) at least twice any term of 
supervised release authorized by section 841(b) of this title, 
for a first offense involving the same controlled substance and 
schedule. Except to the extent a greater minimum sentence is 
otherwise provided by section 841(b) of this title, a term of 
imprisonment under this subsection shall be not less than [one 
year] 3 years. The mandatory minimum sentencing provisions of 
this subsection shall not apply to offenses involving 5 grams 
or less of marijuana.
    (b) Second Offense.--Except as provided in section 860 of 
this title, any person at least eighteen years of age who 
violates section 841(a)(1) of this title by distributing a 
controlled substance to a person under twenty-one years of age 
after a prior conviction under subsection (a) of this section 
(or under section 333(b) of this title as in effect prior to 
May 1, 1971) has become final is subject to (1) three times the 
maximum punishment authorized by section 841(b) of this title, 
and (2) at least three times any term of supervised release 
authorized by section 841(b) of this title, for a second or 
subsequent offense involving the same controlled substance and 
schedule. Except to the extent a greater minimum sentence is 
otherwise provided by section 841(b) of this title, a term of 
imprisonment under this subsection shall be not less than [one 
year] 5 years. Penalties for third and subsequent convictions 
shall be governed by section 841(b)(1)(A) of this title.

Sec. 860. Distribution or manufacturing in or near schools and colleges

    (a) Penalty.--Any person who violates section 841(a)(1) or 
section 856 of this title by distributing, processing with 
intent to distribute, or manufacturing a controlled substance 
in or on, or within one thousand feet of, the real property 
comprising a public or private elementary, vocational, or 
secondary school or a public or private college, junior 
college, or university, or a playground, or housing facility 
owned by a public housing authority, or within 100 feet of a 
public or private youth center, public swimming pool, or video 
arcade facility, is (except as provided in subsection (b) of 
this section) subject to (1) twice the maximum punishment 
authorized by section 841(b) of this title; and (2) at least 
twice any term of supervised release authorized by section 
841(b) of this title for a first offense. A fine up to twice 
that authorized by section 841(b) of this title may be imposed 
in addition to any term of imprisonment authorized by this 
subsection. Except to the extent a greater minimum sentence is 
otherwise provided by section 841(b) of this title a person 
shall be sentenced under this subsection to a term of 
imprisonment of not less than [one year] 3 years. The mandatory 
minimum sentencing provisions of this paragraph shall not apply 
to offenses involving 5 grams or less of marijuana.
    (b) Second Offenders.--Any person who violates section 
841(a)(1) of this title or section 856 of this title by 
distributing, possessing with intent to distribute, or 
manufacturing a controlled substance in or on, or within one 
thousand feet of, the real property comprising a public or 
private elementary, vocational, or secondary school or a public 
or private college, junior college, or university, or a 
playground, or housing facility owned by a public housing 
authority, or within 100 feet of a public or private youth 
center, public swimming pool, or video arcade facility, after a 
prior conviction under subsection (a) of this section has 
become final is punishable (1) by the greater of (A) a term of 
imprisonment of not less than three years and not more than 
life imprisonment or (B) three times the maximum punishment 
authorized by section 841(b) of this title for a first offense 
(2) at least three times any term of supervised release 
authorized by section 841(b) of this title for a first offense. 
A fine up to three times that authorized by section 841(b) of 
this title may be imposed in addition to any term of 
imprisonment authorized by this subsection. Except to the 
extent a greater minimum sentence is otherwise provided by 
section 841(b) of this title, a person shall be sentenced under 
this subsection to a term of imprisonment of not less than 
[three years] 5 years. Penalties for third and subsequent 
convictions shall be governed by section 841(b)(1)(A) of this 
title.
          * * * * * * *

Sec. 861. Employment or use of persons under 18 years of age

    (a) Unlawful Acts.--
          * * * * * * *
    (b) Penalty for First Offense.--Any person who violates 
subsection (a) of this section is subject to twice the maximum 
punishment otherwise authorized and at least twice any term of 
supervised release otherwise authorized for a first offense. 
Except to the extent a greater minimum sentence is otherwise 
provided, a term of imprisonment under this subsection shall 
not be less than [one year] 3 years.
    (c) Penalty for Subsequent Offenses.--Any person who 
violates subsection (a) of this section after a prior 
conviction under subsection (a) of this section has become 
final, is subject to three times the maximum punishment 
otherwise authorized and at least three times any term of 
supervised release otherwise authorized for a first offense. 
Except to the extent a greater minimum sentence is otherwise 
provided, a term of imprisonment under this subsection shall 
not be less than [one year] 5 years. Penalties for third and 
subsequent convictions shall be governed by section 
841(b)(1)(A) of this title.
          * * * * * * *

               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

          * * * * * * *

                 PART III--COURT OFFICERS AND EMPLOYEES

          * * * * * * *

            CHAPTER 58--UNITED STATES SENTENCING COMMISSION

          * * * * * * *

Sec. 994. Duties of the Commission

    (a) The Commission, by affirmative vote of at least four 
members of the Commission, and pursuant to its rules and 
regulations and [consistent with all pertinent provisions of 
this title and title 18, United States Code,] consistent with 
all pertinent provisions of any Federal statute shall 
promulgate and distribute to all courts of the United States 
and to the United States Probation System--
          * * * * * * *
    (h) The Commission shall assure that the guidelines specify 
a sentence to a term of imprisonment at or near the maximum 
term authorized for categories of defendants in which the 
defendant is eighteen years [old or older] , or in which the 
defendant is a juvenile who is tried as an adults, and--
          * * * * * * *
    (y) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), may include, as a component of a fine, the 
expected costs to the Government of any imprisonment, 
supervised release, or probation sentence that is ordered.
    (z)(1) The Commission, not later than 1 year after the date 
of enactment of the Violent and Repeat Juvenile Offender Act of 
1997, by affirmative vote of not less than 4 members of the 
Commission, and pursuant to its rules and regulations and 
consistent with all pertinent provisions of any Federal 
statute, shall promulgate and distribute to all courts of the 
United States and to the United States Probation System--
          (A) guidelines, as described in this section, for use 
        by a sentencing court in determining the sentence to be 
        imposed in a criminal case if the defendant committed 
        the offense as a juvenile, and is tried as an adult 
        pursuant to section 5032 of title 18, United States 
        Code; and
          (B) guidelines, as described in this section, for use 
        by a court in determining the sentence to be imposed on 
        a juvenile adjudicated delinquent pursuant to section 
        5032 of title 18, United States Code, and sentenced 
        pursuant to a dispositional hearing under section 5037 
        of title 18, United States Code.
    (2) In carrying out this subsection, the Commission shall 
make the determinations required by subsection (a)(1) and 
promulgate the policy statements and guidelines required by 
paragraphs (2) and (3) of subsection (a).
    (3) In addition to any other considerations required by 
this section, the Commission, in promulgating guidelines--
          (A) pursuant to paragraph (1)(A), shall presume the 
        appropriateness of adult sentencing provisions, but may 
        make such adjustments to sentence lengths and to 
        provisions governing downward departures from the 
        guidelines as reflect the specific interests and 
        circumstances of juvenile defendants; and
          (B) pursuant to paragraph (1)(B), shall ensure that 
        the guidelines--
                  (i) reflect the broad range of sentencing 
                options available to the court under section 
                5037 of title 18, United States Code; and
                  (ii) effectuate a policy of an 
                accountability-based juvenile justice system 
                that provides substantial and appropriate 
                sanctions, which are graduated to reflect the 
                severity or repeated nature of violations, for 
                each delinquent act, and reflect the specific 
                interests and circumstances of juvenile 
                defendants.
    (4) The review period specified by subsection (p) shall 
apply to guidelines promulgated pursuant to this subsection and 
any future amendments thereto.
          * * * * * * *

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

          * * * * * * *

                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

          * * * * * * *

       Subchapter V--Bureau of Justice Assistance Grant Programs

          * * * * * * *

                      Part B--Discretionary Grants

            Subpart 1--Grants to Public and Private Entities

          * * * * * * *

Sec. 3760. Purposes

    (a) The purpose of this subpart is to provide additional 
Federal financial assistance to public or private agencies and 
private non-profit organizations for purposes of--
          [(1) undertaking educational and training programs 
        for criminal justice personnel;]
          (1) undertaking educational and training programs 
        for--
                  (A) criminal justice personnel; and
                  (B) the general public, with respect to the 
                lawful and safe ownership, storage, carriage, 
                or use of firearms, including the provision of 
                secure gun storage or safety devices;
          * * * * * * *
    (b) In carrying out this subpart, the Director is 
authorized to make grants to, or enter into contracts with non-
Federal public or private agencies, institutions, or 
organizations or individuals to carry out any purpose specified 
in section 3751(b) of this title and is authorized to make 
grants to, or enter into contracts with, those persons and 
entities to carry out the purposes specified in subsection 
(a)(1)(B) in accordance with subsection (c). The Director shall 
have final authority over all funds awarded under this subpart.
  (c)(1) In accordance with this subsection, the Director may 
make a grant to, or enter into a contract with, any person or 
entity referred to in subsection (b) to provide for a firearm 
safety program that, in a manner consistent with subsection 
(a)(1)(B), provides for general public training and 
dissemination of information concerning firearm safety, secure 
gun storage, and the lawful ownership, carriage, or use of 
firearms, including the provision of secure gun storage or 
safety devices.
  (2) Funds made available under a grant under paragraph (1) 
may not be used (either directly or by supplanting non-Federal 
funds) for advocating or promoting gun control, including 
making communications that are intended to directly or 
indirectly affect the passage of Federal, State, or local 
legislation intended to restrict or control the purchase or use 
of firearms.
  (3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall 
provide for evaluations that shall be developed pursuant to 
guidelines that the Director of the National Institute of 
Justice of the Department of Justice, in consultation with the 
Director of the Bureau of Justice Assistance and recognized 
private entities that have expertise in firearms safety, 
education and training, shall establish.
  (4) With respect to a firearm safety program that receives 
funding under this section, the Director may waive the 
evaluation requirement described in paragraph (3) if the 
Director determines that the program--
          (A) is not of a sufficient size to justify an 
        evaluation; or
          (B) is designed primarily to provide material 
        resources and supplies, and that activity would not 
        justify an evaluation.
          * * * * * * *

                    Subpart 3--General Requirements

          * * * * * * *

Sec. 3763. Application requirements

    (a) Contents.--No grant may be made under this part unless 
an application has been submitted to the Director in which the 
applicant--
          * * * * * * *
  (c) Priority.--In awarding discretionary grants under section 
511 to public agencies to undertake law enforcement initiatives 
relating to gangs, or relating to juveniles who are involved or 
at risk of involvement in gangs, the Director shall give 
priority to a public agency that includes in its application a 
description of strategies or programs of that public agency 
(either in effect or proposed) that provide cooperation between 
Federal, State, and local law enforcement authorities, through 
the use of firearms and ballistics identification systems, to 
disrupt illegal sale or transfer of firearms to or between 
juveniles through tracing the sources of guns used in crime 
that were provided to juveniles.
          * * * * * * *

   Subchapter XII-G--Residential Substance Abuse Treatment for State 
                               Prisoners

          * * * * * * *

Sec. 3796ff-1. State applications

    (a) In General.--
          (1) To request a grant under this subchapter the 
        chief executive of a State shall submit an application 
        to the Attorney General in such form and containing 
        such information as the Attorney General may reasonably 
        required.
          * * * * * * *
    (e) State Office.--The Office designated under section 3757 
of this title--
          (1) shall prepare the application as required under 
        this section; and
          (2) shall administer grant funds received under this 
        subchapter, including review of spending, processing, 
        progress, financial reporting, technical assistance, 
        grant adjustments, accounting, auditing, and fund 
        disbursement.
  (f) Use of Grant Amounts for Nonresidential Aftercare 
Services.--A State may use amounts received under this part to 
provide nonresidential substance abuse treatment aftercare 
services for inmates or former inmates that meet the 
requirements of subsection (c), if the chief executive officer 
of the State certifies to the Attorney General that the State 
is providing, and will continue to provide, an adequate level 
of residential treatment services.
          * * * * * * *

                       Subchapter IX--Definitions

Sec. 3791. General provisions

    (a) Definitions.--As used in this chapter--
          (1) * * *
          * * * * * * *
          [(3) ``unit of local government'' means any city, 
        county, township, town, borough, parish, village, or 
        other general purpose political subdivision of a State, 
        an Indian tribe which performs law enforcement 
        functions as determined by the Secretary of the 
        Interior, or, for the purpose of assistance 
        eligibility, any agency of the District of Columbia 
        government or the United States Government performing 
        law enforcement functions in and for the District of 
        Columbia, and the Trust Territory of the Pacific 
        Islands;]
          (3) ``unit of local government'' means--
                  (A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                  (B) any law enforcement district or judicial 
                enforcement district that--
                          (i) is established under applicable 
                        State law; and
                          (ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and impose 
                        taxes;
                  (C) an Indian tribe which performs law 
                enforcement functions, as determined by the 
                Secretary of the Interior; or
                  (D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                          (i) the District of Columbia; or
                          (ii) any Trust Territory of the 
                        United States;
          * * * * * * *

         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

          * * * * * * *

                         Subchapter I--Prisons

    Part A--Violent Offender Incarceration and Truth-in-Sentencing 
                            Incentive Grants

          * * * * * * *

Sec. 13706. Formula for grants

    (a) Allocation of Violent Offender Incarceration Grants 
Under Section 13703 of This Title.--
          (1) Formula allocation.--
    [(b) Allocation of Truth-in-Sentencing Grants Under Section 
13704 of This Title.--The amounts available for grants for 
section 13704 of this title shall be allocated to each State 
that meets the requirements of section 13704 of this title in 
the ratio that the average annual number of part 1 violent 
crimes reported by such State to the Federal Bureau of 
Investigation for the 3 years preceding the year in which the 
determination is made bears to the average annual number of 
part 1 violent crimes reported by States that meet the 
requirements of section 13704 of this title to the Federal 
Bureau of Investigation for the 3 years preceding the year in 
which the determination is made, except that a State may not 
receive more than 25 percent of the total amount available for 
such grants.]
    (b) Formula Allocation.--The amount made available to carry 
out this section for any fiscal year under section 20104 shall 
be allocated as follows:
          (1) 0.75 percent shall be allocated to each State 
        that meets the requirements of section 20104, except 
        that the United States Virgin Islands, American Samoa, 
        Guam, and the Northern Mariana Islands each shall be 
        allocated 0.05 percent.
          (2) The amount remaining after the application of 
        paragraph (1) shall be allocated to each State that 
        meets the requirements of section 20104 in the ratio 
        that the average annual number of part 1 violent crimes 
        reported by that State to the Federal Bureau of 
        Investigation for the 3 years preceding the year in 
        which the determination is made bears to the average 
        annual number of part 1 violent crimes reported by 
        States that meet the requirements of section 20104 to 
        the Federal Bureau of Investigation for the 3 years 
        preceding the year in which the determination is made, 
        except that a State may not receive more than 25 
        percent of the total amount available for those grants.
          * * * * * * *

        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

                   (Public Law 93-415; 88 Stat. 1109)

             [As Amended Through P.L. 104-18, July 7, 1995]

          * * * * * * *

             [TITLE I--FINDINGS AND DECLARATION OF PURPOSE

                               [findings

    [Sec. 101. (a) The Congress hereby finds that--
          [(1) juveniles accounted for almost half the arrests 
        for serious crimes in the United States in 1974 and for 
        less than one-third of such arrests in 1983;
          [(2) recent trends show an upsurge in arrests of 
        adolescents for murder, assault, and weapon use;
          [(3) the small number of youth who commit the most 
        serious and violent offenses are becoming more violent;
          [(4) understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation 
        services, and correctional facilities and inadequately 
        trained staff in such courts, services, and facilities 
        are not able to provide individualized justice or 
        effective help;
          [(5) present juvenile courts, foster and protective 
        care programs, and shelter facilities are inadequate to 
        meet the needs of children, who, because of this 
        failure to provide effective services, may become 
        delinquents;
          [(6) existing programs have not adequately responded 
        to the particular problems of the increasing numbers of 
        young people who are addicted to or who abuse alcohol 
        and other drugs, particularly nonopiate or polydrug 
        abusers;
          [(7) juvenile delinquency can be reduced through 
        programs designed to keep students in elementary and 
        secondary schools through the prevention of unwarranted 
        and arbitrary suspensions and expulsions;
          [(8) State and local communities which experience 
        directly the devastating failures of the juvenile 
        justice system do not presently have sufficient 
        technical expertise or adequate resources to deal 
        comprehensively with the problems of juvenile 
        delinquency;
          [(9) existing Federal programs have not provided the 
        direction, coordination, resources, and leadership 
        required to meet the crisis of delinquency;
          [(10) the juvenile justice system should give 
        additional attention to the problem of juveniles who 
        commit serious crimes, with particular attention given 
        to the areas of sentencing, providing resources 
        necessary for informed dispositions, and 
        rehabilitation;
          [(11) emphasis should be placed on preventing youth 
        from entering the juvenile justice system to begin 
        with; and
          [(12) the incidence of juvenile delinquency can be 
        reduced through public recreation programs and 
        activities designed to provide youth with social 
        skills, enhance self esteem, and encourage the 
        constructive use of discretionary time.
    [(b) Congress finds further that the high incidence of 
delinquency in the United States today results in enormous 
annual cost and immeasurable loss of human life, personal 
security, and wasted human resources and that juvenile 
delinquency constitutes a growing threat to the national 
welfare requiring immediate and comprehensive action by the 
Federal Government to reduce and prevent delinquency.

                                [purpose

    [Sec. 102. (a) It is the purpose of this Act--
          [(1) to provide for the thorough and ongoing 
        evaluation of all federally assisted juvenile justice 
        and delinquency prevention programs;
          [(2) to provide technical assistance to public and 
        private nonprofit juvenile justice and delinquency 
        prevention programs;
          [(3) to establish training programs for persons, 
        including professionals, paraprofessionals, and 
        volunteers, who work with delinquents or potential 
        delinquents or whose work or activities relate to 
        juvenile delinquency programs;
          [(4) to establish a centralized research effort on 
        the problems of juvenile delinquency, including the 
        dissemination of the findings of such research and all 
        data related to juvenile delinquency;
          [(5) to develop and encourage the implementation of 
        national standards for the administration of juvenile 
        justice, including recommendations for administrative, 
        budgetary, and legislative action at the Federal, 
        State, and local level to facilitate the adoption of 
        such standards;
          [(6) to assist State and local communities with 
        resources to develop and implement programs to keep 
        students in elementary and secondary schools and to 
        prevent unwarranted and arbitrary suspensions and 
        expulsions;
          [(7) to establish a Federal assistance program to 
        deal with the problems of runaway and homeless youth;
          [(8) to strengthen families in which juvenile 
        delinquency has been a problem;
          [(9) to assist State and local governments in 
        removing juveniles from jails and lockups for adults;
          [(10) to assist State and local governments in 
        improving the administration of justice and services 
        for juveniles who enter the system; and
          [(11) to assist States and local communities to 
        prevent youth from entering the justice system to begin 
        with.
    [(b) It is therefore the further declared policy of 
Congress to provide the necessary resources, leadership, and 
coordination (1) to develop and implement effective methods of 
preventing and reducing juvenile delinquency, including methods 
with a special focus on preserving and strengthening families 
so that juveniles may be retained in their homes; (2) to 
develop and conduct effective programs to prevent delinquency, 
to divert juveniles from the traditional juvenile justice 
system and to provide critically needed alternatives to 
institutionalization; (3) to improve the quality of juvenile 
justice in the United States; (4) to increase the capacity of 
State and local governments and public and private agencies to 
conduct effective juvenile justice and delinquency prevention 
and rehabilitation programs and to provide research, 
evaluation, and training services in the field of juvenile 
delinquency prevention; (5) to encourage parental involvement 
in treatment and alternative disposition programs; and (6) to 
provide for coordination of services between State, local, and 
community-based agencies and to promote interagency cooperation 
in providing such services.

                              [definitions

    [Sec. 103. For purposes of this Act--
          [(1) the term ``community based'' facility, program, 
        or service means a small, open group home or other 
        suitable place located near the juvenile's home or 
        family and programs of community supervision and 
        service which maintain community and consumer 
        participation in the planning operation, and evaluation 
        of their programs which may include, but are not 
        limited to, medical, educational, vocational, social, 
        and psychological guidance, training, special 
        education, counseling, alcoholism treatment, drug 
        treatment, and other rehabilitative services;
          [(2) the term ``Federal juvenile delinquency 
        program'' means any juvenile delinquency program which 
        is conducted, directly, or indirectly, or is assisted 
        by any Federal department or agency, including any 
        program funded under this Act;
          [(3) the term ``juvenile delinquency program'' means 
        any program or activity related to juvenile delinquency 
        prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and 
        research, including drug and alcohol abuse programs; 
        the improvement of the juvenile justice system; and any 
        program or activity to help prevent juvenile 
        delinquency;
          [(4)(A) the term ``Bureau of Justice Assistance'' 
        means the bureau established by section 401 of the 
        Omnibus Crime Control and Safe Streets Act of 1968;
          [(B) the term ``Office of Justice Programs'' means 
        the office established by section 101 of the Omnibus 
        Crime Control and Safe Streets Act of 1968;
          [(C) the term ``National Institute of Justice'' means 
        the institute established by section 202(a) of the 
        Omnibus Crime Control and Safe Streets Act of 1968; and
          [(D) the term ``Bureau of Justice Statistics'' means 
        the bureau established by section 302(a) of the Omnibus 
        Crime Control and Safe Streets Act of 1968;
          [(5) the term ``Administrator'' means the agency head 
        designated by section 201(b);
          [(6) the term ``law enforcement and criminal 
        justice'' means any activity pertaining to crime 
        prevention, control, or reduction or the enforcement of 
        the criminal law, including, but not limited to police 
        efforts to prevent, control, or reduce crime or to 
        apprehend criminals, activities of courts having 
        criminal jurisdiction and related agencies (including 
        prosecutorial and defender services), activities of 
        corrections, probation, or parole authorities, and 
        programs relating to the prevention, control, or 
        reduction of juvenile delinquency or narcotic 
        addiction;
          [(7) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Trust Territory of the Pacific 
        Islands, the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands;
          [(8) the term ``unit of general local government'' 
        means any city, county, township, town, borough, 
        parish, village, or other general purpose political 
        subdivision of a State, an Indian tribe which performs 
        law enforcement functions as determined by the 
        Secretary of the Interior, or, for the purpose of 
        assistance eligibility, any agency of the District of 
        Columbia government performing law enforcement 
        functions in and for the District of Columbia and funds 
        appropriated by the Congress for the activities of such 
        agency may be used to provide the non-Federal share of 
        the cost of programs or projects funded under this 
        title;
          [(9) the term ``combination'' as applied to States or 
        units of general local government means any grouping or 
        joining together of such States or units for the 
        purpose of preparing, developing, or implementing a 
        juvenile justice and delinquency prevention plan;
          [(10) the term ``construction'' means acquisition, 
        expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, 
        or any combination of such activities (including 
        architects' fees but not the cost of acquisition of 
        land for buildings);
          [(11) the term ``public agency'' means any State, 
        unit of local government, combination of such States or 
        units, or any department, agency, or instrumentality of 
        any of the foregoing;
          [(12) the term ``secure detention facility'' means 
        any public or private residential facility which--
                  [(A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  [(B) is used for the temporary placement of 
                any juvenile who is accused of having committed 
                an offense, of any nonoffender, or of any other 
                individual accused of having committed a 
                criminal offense;
          [(13) the term ``secure correctional facility'' means 
        any public or private residential facility which--
                  [(A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  [(B) is used for the placement, after 
                adjudication and disposition, of any juvenile 
                who has been adjudicated as having committed an 
                offense, any nonoffender, or any other 
                individual convicted of a criminal offense;
          [(14) the term ``serious crime'' means criminal 
        homicide, forcible rape or other sex offenses 
        punishable as a felony, mayhem, kidnapping, aggravated 
        assault, robbery, larceny or theft punishable as a 
        felony, motor vehicle theft, burglary or breaking and 
        entering, extortion accompanied by threats of violence, 
        and arson punishable as a felony;
          [(15) the term ``treatment'' includes but is not 
        limited to medical, educational, special education, 
        social, psychological, and vocational services, 
        corrective and preventive guidance and training, and 
        other rehabilitative services designed to protect the 
        public, including services designed to benefit addicts 
        and other users by eliminating their dependence on 
        alcohol or other addictive or nonaddictive drugs or by 
        controlling their dependence and susceptibility to 
        addiction or use;
          [(16) the term ``valid court order'' means a court 
        order given by a juvenile court judge to a juvenile--
                  [(A) who was brought before the court and 
                made subject to such order;
                  [(B) who received, before the issuance of 
                such order, the full due process rights 
                guaranteed to such juvenile by the Constitution 
                of the United States;
                  [(C) with respect to whom an appropriate 
                public agency (other than a court or law 
                enforcement agency), before the issuance of 
                such order--
                          [(i) reviewed the behavior of such 
                        juvenile and the circumstances under 
                        which such juvenile was brought before 
                        the court and made subject to such 
                        order;
                          [(ii) determined the reasons for the 
                        behavior that caused such juvenile to 
                        be brought before the court and made 
                        subject to such order;
                          [(iii) determined that all 
                        dispositions (including treatment), 
                        other than placement in a secure 
                        detention facility or a secure 
                        correctional facility, have been 
                        exhausted or are clearly inappropriate; 
                        and
                          [(iv) submitted to the court a 
                        written report stating the results of 
                        the review conducted under clause (i) 
                        and the determinations made under 
                        clauses (ii) and (iii);
          [(17) the term ``Council'' means the Coordinating 
        Council on Juvenile Justice and Delinquency Prevention 
        established in section 206(a)(1);
          [(18) the term ``Indian tribe'' means--
                  [(A) a federally recognized Indian tribe; or
                  [(B) an Alaskan Native organization;
          [(19) the term ``comprehensive and coordinated system 
        of services'' means a system that--
                  [(A) ensures that services and funding for 
                the prevention and treatment of juvenile 
                delinquency are consistent with policy goals of 
                preserving families and providing appropriate 
                services in the least restrictive environment 
                so as to simultaneously protect juveniles and 
                maintain public safety;
                  [(B) identifies, and intervenes early for the 
                benefit of, young children who are at risk of 
                developing emotional or behavioral problems 
                because of physical or mental stress or abuse, 
                and for the benefit of their families;
                  [(C) increases interagency collaboration and 
                family involvement in the prevention and 
                treatment of juvenile delinquency; and
                  [(D) encourages private and public 
                partnerships in the delivery of services for 
                the prevention and treatment of juvenile 
                delinquency;
          [(20) the term ``gender-specific services'' means 
        services designed to address needs unique to the gender 
        of the individual to whom such services are provided;
          [(21) the term ``home-based alternative services'' 
        means services provided to a juvenile in the home of 
        the juvenile as an alternative to incarcerating the 
        juvenile, and includes home detention;
          [(22) the term ``jail or lockup for adults'' means a 
        locked facility that is used by a State, unit of local 
        government, or any law enforcement authority to detain 
        or confine adults--
                  [(i) pending the filing of a charge of 
                violating a criminal law;
                  [(ii) awaiting trial on a criminal charge; or
                  [(iii) convicted of violating a criminal law; 
                and
          [(23) the term ``nonprofit organization'' means an 
        organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 that is exempt from 
        taxation under section 501(a) of the Internal Revenue 
        Code of 1986.]

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

SEC. 101. FINDINGS.

    Congress makes the following findings:
          (1) During the past several years, the United States 
        has experienced an alarming increase in arrests of 
        adolescents for murder, assault, and weapons offenses.
          (2) In 1994, juveniles accounted for 1 in 5 arrests 
        for violent crimes, including murder, robbery, 
        aggravated assault, and rape, including 514 such 
        arrests per 100,000 juveniles 10 through 17 years of 
        age.
          (3) Understaffed and overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation 
        services, and correctional facilities no longer 
        adequately address the changing nature of juvenile 
        crime, protect the public, or correct youth offenders.
          (4) The juvenile justice system has proven inadequate 
        to meet the needs of society, because insufficient 
        sanctions are imposed on serious juvenile offenders, 
        and because the needs of children, who may be at risk 
        of becoming delinquents are not being met.
          (5) Existing programs and policies have not 
        adequately responded to the particular threat that 
        drugs, alcohol abuse, violence, and gangs pose to the 
        youth of the Nation.
          (6) Projected demographic increases in the number of 
        youth offenders require reexamination of current 
        prosecution and incarceration policies for serious 
        violent youth offenders and crime prevention policies.
          (7) State and local communities that experience 
        directly the devastating failures of the juvenile 
        justice system require assistance to deal 
        comprehensively with the problems of juvenile 
        delinquency.
          (8) Existing Federal programs have not provided the 
        States with necessary flexibility, nor have these 
        programs provided the coordination, resources, and 
        leadership required to meet the crisis of youth 
        violence.
          (9) Overlapping and uncoordinated Federal programs 
        have created a multitude of Federal funding streams to 
        State and local governments, that have become a barrier 
        to effective program coordination, responsive public 
        safety initiatives, and the provision of comprehensive 
        services for children and youth.
          (10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an 
        immediate and comprehensive governmental response, 
        combining flexibility and coordinated evaluation.
          (11) Limited State and local resources are being 
        wasted complying with the unnecessary Federal mandate 
        that status offenders be deinstitutionalized. Some 
        communities believe that curfews are appropriate for 
        juveniles, and those communities should not be 
        prohibited by the Federal Government from using 
        confinement for status offenses as a means of dealing 
        with delinquent behavior before it becomes criminal 
        conduct.
          (12) Limited State and local resources are being 
        wasted complying with the unnecessary Federalmandate 
that no juvenile be detained or confined in any jail or lockup for 
adults, because it can be feasible to separate adults and juveniles in 
1 facility. This mandate is particularly burdensome for rural 
communities.
          (13) The role of the Federal Government should be to 
        encourage and empower communities to develop and 
        implement policies to protect adequately the public 
        from serious juvenile crime as well as comprehensive 
        programs to reduce risk factors and prevent juvenile 
        delinquency.
          (14) A strong partnership among law enforcement, 
        local government, juvenile and family courts, schools, 
        businesses, philanthropic organizations, families, and 
        the religious community, can create a community 
        environment that supports the youth of the Nation in 
        reaching their highest potential and reduces the 
        destructive trend of juvenile crime.

SEC. 102. PURPOSE AND STATEMENT OF POLICY.

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

SEC. 103. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Office of Juvenile Crime 
        Control and Accountability.
          (2) Adult inmate.--The term ``adult inmate'' means an 
        individual 18 years of age or older arrested and in 
        custody for, awaiting trial on, or convicted of 
        criminal charges or an act of juvenile delinquency 
        committed while a juvenile.
          (3) Construction.--The term ``construction'' means 
        erection of new buildings or acquisition, expansion, 
        remodeling, and alteration of existing buildings, and 
        initial equipment of any such buildings, or any 
        combination of such activities (including architects' 
        fees but not the cost of acquisition of land for 
        buildings).
          (4) Sustained oral communication.--
                  (A) In general.--The term ``sustained oral 
                communication'' means oral communication that 
                easily provides an opportunity for an adult 
                inmate orally to threaten a juvenile.
                  (B) Exclusion.--The term does not include any 
                communication that is indirect, intermittent, 
                or incidental, and that does not allow an adult 
                inmate easily to threaten a juvenile orally.
          (5) Federal juvenile crime control and juvenile 
        offender accountability program.--The term ``Federal 
        juvenile crime control and juvenile offender 
        accountability program'' means any Federal program a 
        primary objective of which is the reduction of the 
        incidence of arrest, the commission of criminal acts or 
        acts of delinquency, violence, the use of alcohol or 
        illegal drugs, or involvement in gangs among juveniles.
          (6) Indian tribe.--The term ``Indian tribe'' means 
        any Indian tribe, band, nation, or other organized 
        group or community, including any Alaska Native village 
        or regional or village corporation as defined in or 
        established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          (7) Juvenile population.--The term ``juvenile 
        population'' means the population of a State under 18 
        years of age.
          (8) Office.--The term ``Office'' means the Office of 
        Juvenile Crime Control and Accountability established 
        under section 201.
          (9) Outcome objective.--The term ``outcome 
        objective'' means an objective that relates to the 
        impact of a program or initiative, that measures the 
        reduction of high risk behaviors, such as incidence of 
        arrest, the commission of criminal acts or acts of 
        delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, 
        and teenage pregnancy, among youth in the community.
          (10) Process objective.--The term ``process 
        objective'' means an objective that relates to the 
        manner in which a program or initiative is carried out, 
        including--
                  (A) an objective relating to the degree to 
                which the program or initiative is reaching the 
                target population; and
                  (B) an objective relating to the degree to 
                which the program or initiative addresses known 
                risk factors for youth problem behaviors and 
                incorporates activities that inhibit the 
                behaviors and that build on protective factors 
                for youth.
          (11) Prohibited physical contact.--
                  (A) In general.--The term ``prohibited 
                physical contact'' means direct physical 
                contact that provides an opportunity for an 
                adult inmate physically to harm a juvenile, and 
                includes placing juveniles and adult inmates in 
                the same cell.
                  (B) Exclusion.--The term does not include any 
                contact that is indirect, intermittent, or 
                incidental, and that does not allow an adult 
                inmate physically to harm a juvenile.
          (12) State.--The term ``State'' means any State of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Trust Territory of the 
        Pacific Islands, the Virgin Islands, Guam,American 
Samoa, and the Commonwealth of the Northern Mariana Islands.
          (13) State office.--The term ``State office'' means 
        an office designated by the chief executive officer of 
        a State to carry out this title, as provided in section 
        507 of the Omnibus Crime Control and Safe Streets Act 
        of 1968 (42 U.S.C. 3757).
          (14) Treatment.--The term ``treatment'' includes 
        medical and other rehabilitative services designed to 
        protect the public, including any services designed to 
        benefit addicts and other users by--
                  (A) eliminating their dependence on alcohol 
                or other addictive or nonaddictive drugs; or
                  (B) controlling or reducing their dependence 
                and susceptibility to addiction or use.
          (15) Youth.--The term ``youth'' means an individual 
        who is not less than 6 years of age and not more than 
        17 years of age.
          (16) Unit of local government.--The term ``unit of 
        local government'' means--
                  (A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                  (B) any law enforcement district or judicial 
                enforcement district that--
                          (i) is established under applicable 
                        State law; and
                          (ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and raise 
                        revenues;
                  (C) an Indian tribe which performs law 
                enforcement functions, as determined by the 
                Secretary of the Interior; or
                  (D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                          (i) the District of Columbia; or
                          (ii) any Trust Territory of the 
                        United States.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

       Part A--Juvenile Justice and Delinquency Prevention Office

                        establishment of office

    Sec. 201. (a) There is hereby established an [Office of 
Juvenile Justice and Delinquency Prevention] Office of Juvenile 
Crime Control and Accountability (hereinafter in this division 
referred to as the ``Office'') within the Department of Justice 
under the general authority of the Attorney General.
          * * * * * * *
  (d) Delegation and Assignment.--
          (1) In general.--Except as otherwise expressly 
        prohibited by law or otherwise provided by this title, 
        the Administrator may--
                  (A) delegate any of the functions of the 
                Administrator, and any function transferred or 
                granted to the Administrator after the date of 
                enactment of the Violent and Repeat Juvenile 
                Offender Act of 1997, to such officers and 
                employees of the Office as the Administrator 
                may designate; and
                  (B) authorize successive redelegations of 
                such functions as may be necessary or 
                appropriate.
          (2) Responsibility.--No delegation of functions by 
        the Administrator under this subsection or under any 
        other provision of this title shall relieve the 
        Administrator of responsibility for the administration 
        of such functions.
  (e) Reorganization.--The Administrator may allocate or 
reallocate any function transferred among the officers of the 
Office, and establish, consolidate, alter, or discontinue such 
organizational entities in that Office as may be necessary or 
appropriate.
          * * * * * * *

                    concentration of federal efforts

    [Sec. 204. (a)(1) The Administrator shall develop 
objectives, priorities, and a long-term plan, and implement 
overall policy and a strategy to carry out such plan, for all 
Federal juvenile delinquency programs and activities relating 
to prevention, diversion, training, treatment, rehabilitation, 
evaluation, research, and improvement of the juvenile justice 
system in the United States. In carrying out the functions of 
the Administrator, the Administrator shall consult with the 
Council.
  [(2)(A) The plan described in paragraph (1) shall--
          [(i) contain specific goals and criteria for making 
        grants and contracts, for conducting research, and for 
        carrying out other activities under this title; and
          [(ii) provide for coordinating the administration 
        programs and activities under this title with the 
        administration of all other Federal juvenile 
        delinquency programs and activities, including 
        proposals for joint funding to be coordinated by the 
        Administrator.
  [(B) The Administrator shall review the plan described in 
paragraph (1) annually, revise the plan as the Administrator 
considers appropriate, and publish the plan in the Federal 
Register--
          [(i) not later than 240 days after the date of 
        enactment of this paragraph, in the case of the initial 
        plan required by paragraph (1); and
          [(ii) except as provided in clause (i), in the 30-day 
        period ending on October 1 of each year.
    [(b) In carrying out the purposes of this Act, the 
Administrator shall--
          [(1) advise the President through the Attorney 
        General as to all matters relating to federally 
        assisted juvenile delinquency programs and Federal 
        policies regarding juvenile delinquency;
          [(2) assist operating agencies which have direct 
        responsibilities for the prevention and treatment of 
        juvenile delinquency in the development and 
        promulgation of regulations, guidelines, requirements, 
        criteria, standards, procedures, and budget requests in 
        accordance with the policies, priorities, and 
        objectives the Administrator establishes;
          [(3) conduct and support evaluations and studies of 
        the performance and results achieved by Federal 
        juvenile delinquency programs and activities and of the 
        prospective performance and results that might be 
        achieved by alternative programs and activities 
        supplementary to or in lieu of those currently being 
        administered;
          [(4) implement Federal juvenile delinquency programs 
        and activities among Federal departments and agencies 
        and between Federal juvenile delinquency programs and 
        activities and other Federal programs and activities 
        which the Administrator determines may have an 
        important bearing on the success of the entire Federal 
        juvenile delinquency effort;
          [(5)(A) develop for each fiscal year, and publish 
        annually in the Federal Register for public comment, a 
        proposed comprehensive plan describing the particular 
        activities which the Administrator intends to carry out 
        under parts C and D in such fiscal year, specifying in 
        detail those activities designed to satisfy the 
        requirements of parts C and D; and
          [(B) taking into consideration comments received 
        during the 45-day period beginning on the date the 
        proposed plan is published, develop and publish a final 
        plan, before December 31 of such fiscal year, 
        describing the particular activities which the 
        Administrator intends to carry out under parts C and D 
        in such fiscal year, specifying in detail those 
        activities designed to satisfy the requirements of 
        parts C and D;
          [(6) provide for the auditing of monitoring systems 
        required under section 223(a)(15) to review the 
        adequacy of such systems; and
          [(7) not later than 1 year after the date of the 
        enactment of this paragraph, issue model standards for 
        providing health care to incarcerated juveniles.
    [(c) The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile delinquency program to 
provide the Administrator with such information and reports, 
and to conduct such studies and surveys, as the Administrator 
may deem to be necessary to carry out the purposes of this 
part.
    [(d) The Administrator may delegate any of the functions of 
the Administrator under this title, to any officer or employee 
of the Office.
    [(e) The Administrator is authorized to utilize the 
services and facilities of any agency of the Federal Government 
and of any other public agency or institution in accordance 
with appropriate agreements, and to pay for such services 
either in advance or by way of reimbursement as may be agreed 
upon.
    [(h) All functions of the Administrator under this title 
shall be coordinated as appropriate with the functions of the 
Secretary of Health and Human Services under title III of this 
Act.
    [(i)(1) The Administrator shall require through appropriate 
authority each Federal agency which administers a Federal 
juvenile delinquency program to submit annually to the Council 
a juvenile delinquency development statement. Such statement 
shall be in addition to any information, report, study, or 
survey which the Administrator may require under subsection 
(c).
    [(2) Each juvenile delinquency development statement 
submitted to the Administrator under paragraph (1) shall 
contain such information, data, and analyses as the 
Administrator may require. Such analyses shall include an 
analysis of the extent to which the juvenile delinquency 
program of the Federal agency submittingsuch development 
statement conforms with and furthers Federal juvenile delinquency 
prevention and treatment goals and policies.
    [(3) The Administrator shall review and comment upon each 
juvenile delinquency development statement transmitted to the 
Administrator under paragraph (1). Such development statement, 
together with the comments of the Administrator, shall be 
included by the Federal agency involved in every recommendation 
or request made by such agency for Federal legislation which 
significantly affects juvenile delinquency prevention and 
treatment.]

SEC. 204. NATIONAL PROGRAM.

    (a) National Juvenile Crime Control and Juvenile Offender 
Accountability Plan.--
          (1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, 
        and shall implement overall policy and a strategy to 
        carry out such plan, for all Federal juvenile crime 
        control and juvenile offender accountability programs 
        and activities relating to improving juvenile crime 
        control and the enhancement of accountability by 
        offenders within the juvenile justice system in the 
        United States.
          (2) Contents of plans.--
                  (A) In general.--Each plan described in 
                paragraph (1) shall--
                          (i) contain specific, measurable 
                        goals and criteria for reducing the 
                        incidence of crime and delinquency 
                        among juveniles, improving juvenile 
                        crime control, and ensuring 
                        accountability by offenders within the 
                        juvenile justice system in the United 
                        States, and shall include criteria for 
                        any discretionary grants and contracts, 
                        for conducting research, and for 
                        carrying out other activities under 
                        this title;
                          (ii) provide for coordinating the 
                        administration of programs and 
                        activities under this title with the 
                        administration of all other Federal 
                        juvenile crime control and juvenile 
                        offender accountability programs and 
                        activities, including proposals for 
                        joint funding to be coordinated by the 
                        Administrator;
                          (iii) provide a detailed summary and 
                        analysis of the most recent data 
                        available regarding the number of 
                        juveniles taken into custody, the rate 
                        at which juveniles are taken into 
                        custody, the time served by juveniles 
                        in custody, and the trends demonstrated 
                        by such data;
                          (iv) provide a description of the 
                        activities for which amounts are 
                        expended under this title;
                          (v) provide specific information 
                        relating to the attainment of goals set 
                        forth in the plan, including specific, 
                        measurable standards for assessing 
                        progress toward national juvenile crime 
                        reduction and juvenile offender 
                        accountability goals; and
                          (vi) provide for the coordination of 
                        Federal, State, and local initiatives 
                        for the reduction of youth crime and 
                        ensuring accountability for juvenile 
                        offenders.
                  (B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set 
                out the information required by clauses (i), 
                (ii), and (iii) of this subparagraph separately 
                for juvenile nonoffenders, juvenile status 
                offenders, and other juvenile offenders. Such 
                summary and analysis shall separately address 
                with respect to each category of juveniles 
                specified in the preceding sentence--
                          (i) the types of offenses with which 
                        the juveniles are charged;
                          (ii) the ages of the juveniles;
                          (iii) the types of facilities used to 
                        hold the juveniles (including juveniles 
                        treated as adults for purposes of 
                        prosecution) in custody, including 
                        secure detention facilities, secure 
                        correctional facilities, jails, and 
                        lockups;
                          (iv) the length of time served by 
                        juveniles in custody; and
                          (v) the number of juveniles who died 
                        or who suffered serious bodily injury 
                        while in custody and the circumstances 
                        under which each juvenile died or 
                        suffered such injury.
                  (C) Definition of serious bodily injury.--In 
                this paragraph, the term ``serious bodily 
                injury'' means bodily injury involving extreme 
                physical pain or the impairment of a function 
                of a bodily member, organ, or mental faculty 
                that requires medical intervention such as 
                surgery, hospitalization, or physical 
                rehabilitation.
          (3) Annual review.--The Administrator shall 
        annually--
                  (A) review each plan submitted under this 
                subsection;
                  (B) revise the plans, as the Administrator 
                considers appropriate; and
                  (C) not later than March 1 of each year, 
                present the plans to the Committees on the 
                Judiciary of the Senate and the House of 
                Representatives.
  (b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
          (1) advise the President through the Attorney General 
        as to all matters relating to federally assisted 
        juvenile crime control and juvenile offender 
        accountability programs, and Federal policies regarding 
        juvenile crime and justice, including policies relating 
        to juveniles prosecuted or adjudicated in the Federal 
        courts;
          (2) implement and coordinate Federal juvenile crime 
        control and juvenile offender accountability programs 
        and activities among Federal departments and agencies 
        and between such programs and activities and other 
        Federal programs and activities that the Administrator 
        determines may have an important bearing on the success 
        of the entire national juvenile crime control and 
        juvenile offender accountability effort including, in 
        consultation with the Director of the Office of 
        Management and Budget listing annually those programs 
        to be considered Federal juvenile crime control and 
        juvenile accountability programs for the following 
        fiscal year;
          (3) provide for the auditing of grants provided 
        pursuant to this title;
          (4) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of 
        juvenile crime and delinquency, and issue, not less 
        frequently than once each calendar year, a report on 
        successful programs and juvenile crime reduction 
        methods utilized by States, localities, and private 
        entities;
          (5) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which 
        shall--
                  (A) be independent in nature, and shall 
                employ rigorous and scientifically valid 
                standards and methodologies; and
                  (B) include measures of outcome and process 
                objectives, such as reductions in juvenile 
                crime, youth gang activity, youth substance 
                abuse, and other high risk factors, as well as 
                increases in protective factors that reduce the 
                likelihood of delinquency and criminal 
                behavior;
          (6) involve consultation with appropriate authorities 
        in the States and with appropriate private entities in 
        the development, review, and revision of the plans 
        required by subsection (a) and in the development of 
        policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts; and
          (7) provide technical assistance to the States, units 
        of local government, and private entities in 
        implementing programs funded by grants under this 
        title.
  (c) National Juvenile Crime Control and Juvenile Offender 
Accountability Budget.--
          (1) In general.--The Administrator, through the 
        Attorney General shall--
                  (A) develop for each fiscal year, with the 
                advice of the program managers of departments 
                and agencies with responsibilities for any 
                Federal juvenile crime control or juvenile 
                offender accountability program, a consolidated 
                National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan budget proposal 
toimplement the National Juvenile Crime Control and Juvenile Offender 
Accountability Plan; and
                  (B) transmit such budget proposal to the 
                President and to Congress.
          (2) Submission of juvenile offender accountability 
        budget request.--
                  (A) In general.--Each Federal Government 
                program manager, agency head, and department 
                head with responsibility for any Federal 
                juvenile crime control or juvenile offender 
                accountability program shall, through the 
                Attorney General, submit the juvenile crime 
                control and juvenile offender accountability 
                budget request of the program, agency, or 
                department to the Administrator at the same 
                time as such request is submitted to their 
                superiors (and before submission to the Office 
                of Management and Budget) in the preparation of 
                the budget of the President submitted to 
                Congress under section 1105(a) of title 31, 
                United States Code.
                  (B) Timely development and submission.--The 
                head of each department or agency with 
                responsibility for a Federal juvenile crime 
                control or juvenile offender accountability 
                program shall ensure timely development and 
                submission to the Administrator of juvenile 
                crime control and juvenile offender 
                accountability budget requests transmitted 
                pursuant to this subsection, in such format as 
                may be designated by the Administrator with the 
                concurrence of the Administrator of the Office 
                of Management and Budget.
          (3) Review and certification.--The Administrator 
        shall--
                  (A) review each juvenile crime control and 
                juvenile offender accountability budget request 
                transmitted to the Administrator under 
                paragraph (2);
                  (B) certify in writing as to the adequacy of 
                such request in whole or in part to implement 
                the objectives of the National Juvenile Crime 
                Control and Juvenile Offender Accountability 
                Plan for the year for which the request is 
                submitted and, with respect to a request that 
                is not certified as adequate to implement the 
                objectives of the National Juvenile Crime 
                Control and Juvenile Offender Accountability 
                Plan, include in the certification an 
                initiative or funding level that would make the 
                request adequate; and
                  (C) notify the program manager, agency head, 
                or department head, as applicable, regarding 
                the certification of the Administrator under 
                subparagraph (B).
          (4) Recordkeeping requirement.--The Administrator 
        shall maintain records regarding certifications under 
        paragraph (3)(B).
          (5) Funding requests.--The Administrator, through the 
        Attorney General, shall request the head of a 
        department or agency to include in the budget 
        submission of the department or agency to the Office of 
        Management and Budget, funding requests for specific 
        initiatives that are consistent with the priorities of 
        the President for the National Juvenile Crime Control 
        and Juvenile Offender Accountability Plan and 
        certifications made pursuant to paragraph (3), and the 
        head of the department or agency shall comply with such 
        a request.
          (6) Reprogramming and transfer requests.--
                  (A) In general.--No department or agency with 
                responsibility for a Federal juvenile crime 
                control or juvenile offender accountability 
                program for which primary implementing 
                authority lies outside the Department of 
                Justice shall submit to Congress a 
                reprogramming or transfer request with respect 
                to any amount of appropriated amounts greater 
                than $5,000,000 that is included in the 
                National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan budget unless such 
                request is first submitted to the Administrator 
                through the Attorney General and such request 
                has been approved by the Administrator.
                  (B) Appeal to president.--The head of any 
                department or agency with responsibility for a 
                Federal juvenile crime control or juvenile 
                offender accountability program for which 
                primary implementing authority lies outside the 
                Department of Justice may appeal to the 
                President any disapproval by the Administrator 
                of a reprogramming or transfer request.
          (7) Quarterly reports.--The Administrator shall 
        report to Congress on a quarterly basis regarding the 
        need for any reprogramming or transfer of appropriated 
        amounts for National Juvenile Crime Control and 
        Juvenile Offender Accountability Plan activities.
          (8) Exercise of authority.--In carrying out the 
        duties under this subsection, the Administrator may 
        exercise, through the Attorney General, authority over 
        those departments, agencies, offices, bureaus, and 
        other components of the Federal Government with 
        responsibility for a juvenile crime control or juvenile 
        offender accountability program, with respect to such 
        program.
    (d) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile crime control and 
juvenile offender accountability program to provide the 
Administrator with such information and reports, and to conduct 
such studies and surveys, as the Administrator determines to be 
necessary to carry out the purposes of this title.
    (e) Utilization of Services and Facilities of Other 
Agencies; Reimbursement.--The Administrator may utilize the 
services and facilities of any agency of the Federal Government 
and of any other public agency or institution in accordance 
with appropriate agreements, and to pay for such services 
either in advance or by way of reimbursement as may be agreed 
upon.
    (f) Coordination of Functions of Administrator and 
Secretary of Health and Human Services.--All functions of the 
Administrator shall becoordinated as appropriate with the 
functions of the Secretary of Health and Human Services under title 
III.
  (g) Annual Juvenile Delinquency Development Statements.--
          (1) In general.--The Administrator shall require 
        through appropriate authority each Federal agency that 
        administers a Federal juvenile crime control and 
        juvenile offender accountability program to submit 
        annually to the Office a juvenile crime control and 
        juvenile offender accountability development statement. 
        Such statement shall be in addition to any information, 
        report, study, or survey that the Administrator may 
        require under subsection (d).
          (2) Contents.--Each development statement submitted 
        to the Administrator under paragraph (1) shall contain 
        such information, data, and analyses as the 
        Administrator may require. Such analyses shall include 
        an analysis of the extent to which the program of the 
        Federal agency submitting such development statement 
        conforms with and furthers Federal juvenile crime 
        control and juvenile offender accountability prevention 
        and treatment goals and policies.
          (3) Review and comment.--
                  (A) In general.--The Administrator shall 
                review and comment upon each juvenile crime 
                control and juvenile offender accountability 
                development statement transmitted to the 
                Administrator under paragraph (1).
                  (B) Inclusion in other documentation.--Such 
                development statement, together with the 
                comments of the Administrator, shall be 
                included by the Federal agency involved in 
                every recommendation or request made by such 
                agency for Federal legislation that 
                significantly affects juvenile crime control 
                and juvenile offender accountability.
  (h) Joint Funding.--Notwithstanding any other provision of 
law, if funds are made available by more than one Federal 
agency to be used by any agency, organization, institution, or 
individual to carry out a Federal juvenile delinquency program 
or activity, any one of the Federal agencies providing funds 
may be requested by the Administrator to act for all in 
administering the funds advanced whenever the Administrator 
finds the program or activity to be exceptionally effective or 
for which the Administrator finds exceptional need. In such 
cases, a single non-Federal share requirement may be 
established according to the proportion of funds advanced by 
each Federal agency, and the Administrator may order any such 
agency to waive any technical grant or contract requirement 
(asdefined in those regulations) which is inconsistent with the similar 
requirement of the administering agency or which the administering 
agency does not impose.

                             joint funding

    [Sec. 205. Notwithstanding any other provision of law, 
where funds are made available by more than one Federal agency 
to be used by any agency, organization, institution, or 
individual to carry out a Federal juvenile delinquency program 
or activity, any one of the Federal agencies providing funds 
may be requested by the Administrator to act for all in 
administering the funds advanced whenever the Administrator 
finds the program or activity to be exceptionally effective or 
for which the Administrator finds exceptional need. In such 
cases, a single non-Federal share requirement may be 
established according to the proportion of funds advanced by 
each Federal agency, and the Administrator may order any such 
agency to waive any technical grant or contract requirement (as 
defined in such regulations) which is inconsistent with the 
similar requirement of the administering agency or which the 
administering agency does not impose.]

SEC. 205. JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY 
                    INCENTIVE BLOCK GRANTS.

  (a) In General.--The Administrator shall make, subject to the 
availability of appropriations, grants to States to assist them 
in planning, establishing, operating, coordinating, and 
evaluating projects, directly or through grants and contracts 
with public and private agencies, for the development of more 
effective investigation, prosecution, and punishment (including 
the imposition of graduated sanctions) of crimes or acts of 
delinquency committed by juveniles, programs to improve the 
administration of justice for and ensure accountability by 
juvenile offenders, and programs to reduce the risk factors 
(such as truancy, drug or alcohol use, and gang involvement) 
associated with juvenile crime or delinquency.
  (b) Use of Grants.--Grants under this title may be used--
          (1) for programs to enhance the identification, 
        investigation, prosecution, and punishment of juvenile 
        offenders, such as--
                  (A) the utilization of graduated sanctions;
                  (B) the utilization of short-term confinement 
                of juvenile offenders;
                  (C) the incarceration of violent juvenile 
                offenders for extended periods of time; and
                  (D) the hiring of juvenile prosecutors, 
                juvenile public defenders, juvenile judges, 
                juvenile probation officers, and juvenile 
                correctional officers to implement policies to 
                control juvenile crime and ensure 
                accountability of juvenile offenders;
          (2) for programs that require juvenile offenders to 
        make restitution to the victims of offenses committed 
        by those juvenile offenders;
          (3) for programs that require juvenile offenders to 
        attend and successfully complete school or vocational 
        training as part of a sentence imposed by a court;
          (4) for programs that require juvenile offenders who 
        are parents to demonstrate parental responsibility by 
        working and paying child support;
          (5) for programs that seek to curb or punish truancy;
          (6) for programs designed to collect, record, retain, 
        and disseminate information useful in the 
        identification, prosecution, and sentencing of juvenile 
        offenders, such as criminal history information, 
        fingerprints, DNA tests, and ballistics tests;
          (7) for juvenile crime control and prevention 
        programs (such as nighttime curfews, youth 
        organizations, antidrug programs, drug testing of 
        offenders, antigang programs, and after school 
        activities) that include a rigorous, comprehensive 
        evaluation component that measures the decrease in risk 
        factors associated with the juvenile crime and 
        delinquency and employs scientifically valid standards 
        and methodologies;
          (8) for the development and implementation of 
        coordinated multijurisdictional or multiagency programs 
        for the identification, control, supervision, 
        prevention, investigation, and treatment of the most 
        serious juvenile offenses and offenders, popularly 
        known as a ``SHOCAP Program'' (Serious Habitual 
        Offenders Comprehensive Action Program);
          (9) for the development and implementation of 
        coordinated multijurisdictional or multiagency programs 
        for the identification, control, supervision, 
        prevention, investigation, and disruption of youth 
        gangs;
          (10) for the construction or remodeling of short- and 
        long-term facilities for juvenile offenders;
          (11) for the development and implementation of 
        training programs for juvenile crime control, for law 
        enforcement officers, judges, prosecutors, probation 
        officers, and other court personnel who are employed 
byState and local governments, in furtherance of the purposes 
identified in this section;
          (12) to provide literacy and job training to juvenile 
        offenders;
          (13) to provide substance abuse treatment for 
        juvenile offenders who have a substance abuse problem;
          (14) for units of local government, nonprofit 
        community-based organizations, and colleges or 
        universities to develop and implement juvenile crime 
        and delinquency prevention programs, on the condition 
        that the funds will not be used to supplant or 
        duplicate existing public or nonprofit programs, 
        services, or facilities, especially in rural areas; and
          (15) 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.
    (c) Requirements.--To be eligible to receive an incentive 
grant under this section, a State shall make reasonable 
efforts, as certified by the Governor, to ensure that, not 
later than July 1, 2000--
          (1) juveniles age 14 and older may be prosecuted 
        under State law as adults, for an act that would be a 
        serious violent felony (as defined by State law) if 
        committed by an adult;
          (2) the State has established graduated sanctions for 
        juvenile offenders, including sanctions for violations 
        of terms of release;
          (3) the State, except in the case of a State for any 
        fiscal year through fiscal year 2002 that, for the 5 
        years preceding the Federal Bureau of Investigation's 
        Uniform Crime Reports for 1996, was among the 5 percent 
        of States with the lowest reported rate per 100,000 
        persons age 10 to 17 arrested for a violent crime, as 
        reported by the Office of Juvenile Justice and 
        Delinquency Prevention, in its National Reports on 
        Juvenile Offenders and Victims--
                  (A) requires that juveniles who are arrested 
                for, or charged with, a crime of violence or an 
                act that would be a felony if committed by an 
                adult, are fingerprinted and photographed, and 
                that the fingerprints, photographs, and 
                notation of the arrest of the juvenile are sent 
                to the Federal Bureau of Investigation;
                  (B) maintains a record relating to the 
                adjudication or disposition that is--
                          (i) equivalent to the record that 
                        would be kept of an adult conviction 
                        for that offense;
                          (ii) retained for a period of time 
                        that is equal to the period of time 
                        records are kept for adult convictions;
                          (iii) made available to law 
                        enforcement agencies of any 
                        jurisdiction;
                          (iv) made available to officials of a 
                        school, school district, or 
                        postsecondary school in which the 
                        individual who is the subject of the 
                        juvenile record seeks, intends, or is 
                        instructed to enroll, and that such 
                        officials are held liable to the same 
                        standards and penalties that law 
                        enforcement and juvenile justice system 
                        employees are held liable to, under 
                        Federal and State law for handling and 
                        disclosing such information;
                          (v) made available to any court 
                        having jurisdiction over such an 
                        individual, for the purpose of allowing 
                        the court to consider the entire 
                        juvenile history of the individual; and
                          (vi) sent to the Federal Bureau of 
                        Investigation;
          (4) the State will not detain or confine any juvenile 
        who is alleged to be or determined to be delinquent--
                  (A) in any institution in which the juvenile 
                has prohibited physical contact with adult 
                inmates; or
                  (B) for a period of more than 72 hours in any 
                institution in which an adult inmate and a 
                juvenile can engage in sustained oral 
                communication;
          (5) the State has established local advisory groups 
        that represent units of local government, and that--
                  (A) are balanced and include participants in 
                every phase of juvenile crime control, 
                including the local prosecutor, a juvenile 
                judge, a juvenile probation officer, a public 
                defender, the sheriff, the chief of police, and 
                a juvenile correctional officer and other 
                citizens, as appointed by the chief juvenile 
                judge of the unit of local government; and
                  (B) will conduct a thorough assessment of the 
                case processing in juvenile court from arrest 
                to disposition and punishment and effectuate 
                the necessary changes to make the system more 
                efficient, to more effectively control juvenile 
                crime, and to ensure the accountability of 
                juvenile offenders;
          (6) the State has an established policy of drug 
        testing (including followup testing) juvenile offenders 
        upon their arrest for any offense within an appropriate 
        category of offenses designated by the chief executive 
        officer of the State; and
          (7) amounts made available under this part to the 
        States (or units of local government in the State) will 
        not be used to supplant State or local funds (or in the 
        case of Indian tribal governments, to supplant amounts 
        provided by the Bureau of Indian Affairs) but shall be 
        used to increase the amount of funds that would in the 
        absence of amounts received under this part, be made 
        available from a State or local source, or in the case 
        of Indian tribal governments, from amounts provided by 
        the Bureau of Indian Affairs.
  (d) Validity of Certain Judgments.--Nothing in this section 
shall require States, in order to qualify for grants under this 
title, to modify laws concerning the status of any adjudication 
of juvenile delinquency or judgment ofconviction under the law 
of the State that entered the judgment.
  (e) Distribution by State Offices to Eligible Applicants.--
          (1) In general.--Of amounts made available to the 
        State--
                  (A) not less than 35 percent shall be 
                designated for programs pursuant to 
                subparagraphs (A), (B), and (C) of subsection 
                (b)(1) and pursuant to subsection (b)(10), 
                except that if the State approves a grant for 
                purposes of construction or remodeling of 
                short- or long-term facilities, that grant 
                shall constitute not more than 50 percent of 
                the estimated construction or remodeling cost 
                and that no funds expended pursuant to this 
                paragraph may be used for the incarceration of 
                adult offenders and no funds expended pursuant 
                to this paragraph may be used for construction, 
                renovation, or expansion of facilities for 
                adult offenders, except that funds may be used 
                to construct juvenile facilities co-located 
                with adult facilities, including separate 
                buildings for juveniles and separate juvenile 
                wings, cells, or areas co-located within an 
                adult jail or lockup;
                  (B) not less than 10 percent shall be 
                designated for the enhancement of juvenile 
                record collection and dissemination pursuant to 
                subsection (b)(6) and subsection (c)(3);
                  (C) not less than 15 percent shall be 
                designated for drug testing upon arrest for any 
                offense within the category of offenses 
                designated pursuant to subsection (c)(6), and 
                intensive supervision thereafter pursuant to 
                subsections (b)(7) and (c)(6); and
                  (D) not less than 75 percent shall be 
                allocated to units of local government within 
                the State, unless the provisions of this 
                subparagraph are waived at the discretion of 
                the Administrator with respect to any State in 
                which the services for delinquent or other 
                youth are organized primarily on a statewide 
                basis.
          (2) Eligible applicants.--Entities eligible to 
        receive amounts distributed by the State office under 
        this title are--
                  (A) units of local government;
                  (B) local police or sheriff's departments;
                  (C) State or local prosecutor's offices;
                  (D) State or local courts responsible for the 
                administration of justice in cases involving 
                juvenile offenders;
                  (E) schools;
                  (F) nonprofit, educational, religious, or 
                community groups active in crime prevention or 
                drug use prevention and treatment; or
                  (G) any combination of the entities described 
                in subparagraphs (A) through (F).
  (f) Application to State Office.--
          (1) In general.--To be eligible to receive amounts 
        from the State office, the applicant shall prepare and 
        submit to the State office an application in written 
        form that--
                  (A) describes the types of activities and 
                services for which the amount will be provided;
                  (B) includes information indicating the 
                extent to which the activities and services 
                achieve the purposes of the title;
                  (C) provides for the evaluation component 
                required by section 204(b)(2), which evaluation 
                shall be conducted by an independent entity;
                  (D) with respect to construction funds, 
                provides an assessment of the need for 
                detention facilities in the relevant 
                jurisdiction; and
                  (E) provides any other information that the 
                State office may require.
          (2) Priority.--In approving applications under this 
        section, the State office should give priority to those 
        applicants demonstrating coordination with, 
        consolidation of, or expansion of existing State or 
        local juvenile crime control and juvenile offender 
        accountability programs.
    (g) Funding Period.--The State office may award such a 
grant for a period of not more than 3 years.
    (h) Renewal of Grants.--The State office may renew grants 
made under this title. After the initial grant period, in 
determining whether to renew a grant to an entity to carry out 
activities, the State office shall give substantial weight to 
the effectiveness of the activities in achieving reductions in 
crimes committed by juveniles and in improving the 
administration of justice to juvenile offenders.

  [coordinating council on juvenile justice and delinquency prevention

    [Sec. 206. (a)(1) There is hereby established, as an 
independent organization in the executive branch of the Federal 
Government a Coordinating Council on Juvenile Justice and 
Delinquency Prevention composed of the Attorney General, the 
Secretary of Health and Human Services, the Secretary of Labor, 
the Secretary of Education, the Secretary of Housing and Urban 
Development, the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention, the Director of the Office 
of National Drug Control Policy, the Chief Executive Officer of 
the Corporation for National and Community Service, the 
Commissioner of Immigration and Naturalization, such other 
officers of Federal agencies who hold significant 
decisionmaking authority as the President may designate, and 
individuals appointed under paragraph (2).
    [(2)(A) Nine members shall be appointed, without regard to 
political affiliation, to the Council in accordance with this 
paragraph from among individuals who are practitioners in the 
field of juvenile justice and who are not officers or employees 
of the United States.
    [(B)(i) Three members shall be appointed by the Speaker of 
the House of Representatives, after consultation with the 
minority leader of the House of Representatives.
    [ii) Three members shall be appointed by the majority 
leader of the Senate, after consultation with the minority 
leader of the Senate.
    [(iii) Three members shall be appointed by the President.
    [(C)(i) Of the members appointed under each of clauses (i), 
(ii), and (iii)--
          [(I) 1 shall be appointed for a term of 1 year;
          [(II) 1 shall be appointed for a term of 2 years; and
          [(III) 1 shall be appointed for a term of 3 years; as 
        designated at the time of appointment.
    [(ii) Except as provided in clause (iii), a vacancy arising 
during the term for which an appointment is made may be filled 
only for the remainder of such term.
    [(iii) After the expiration of the term for which a member 
is appointed, such member may continue to serve until a 
successor is appointed.
    [(b) The Attorney General shall serve as Chairman of the 
Council. The Administrator of the Office of Juvenile Justice 
and Delinquency Prevention shall serve as Vice Chairman of the 
Council. The Vice Chairman shall act as Chairman in the absence 
of the Chairman.
    [(c)(1) The function of the Council shall be to coordinate 
all Federal juvenile delinquency programs (in cooperation with 
State and local juvenile justice programs) all Federal programs 
and activities that detain or care for unaccompanied juveniles, 
and all Federal programs relating to missing and exploited 
children. The Council shall examine how the separate programs 
can be coordinated among Federal, State, and local governments 
to better serve at-risk children and juveniles and shall make 
recommendations to the President and to the Congress at least 
annually with respect to the coordination of overall policy and 
development of objectives and priorities for all Federal 
juvenile delinquency programs and activities and all Federal 
programs and activities that detain or care for unaccompanied 
juveniles. The Council shall review the programs and practices 
of Federal agencies and report on the degree to which Federal 
agency funds are used for purposes which are consistent or 
inconsistent with the mandates of paragraphs (12)(A), (13), and 
(14) of section 223(a) of this title. The Council shall review, 
and make recommendations with respect to, any joint funding 
proposal undertaken by the Office of Juvenile Justice and 
Delinquency Prevention and any agency represented on the 
Council. The Council shall review the reasons why Federal 
agencies take juveniles into custody and shall make 
recommendations regarding how to improve Federal practices and 
facilities for holding juveniles in custody.
    [(2) In addition to performing their functions as members 
of the Council, the members appointed under subsection (a)(2) 
shall collectively--
          [(A) make recommendations regarding the development 
        of the objectives, priorities, and the long-term plan, 
        and the implementation of overall policy and the 
        strategy to carry out such plan, referred to in section 
        204(a)(1); and
          [(B) not later than 180 days after the date of the 
        enactment of this paragraph, submit such 
        recommendations to the Administrator, the Chairman of 
        the Committee on Education and Labor of the House of 
        Representatives, and the Chairman of the Committee on 
        the Judiciary of the Senate.
    [(d) The Council shall meet at least quarterly.
    [(e) The Administrator shall, with the approval of the 
Council, appoint such personnel or staff support as the 
Administrator considers necessary to carry out the purposes of 
this title.
    [(f) Members appointed under subsection (a)(2) shall serve 
without compensation. Members of the Council shall be 
reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the duties of the 
Council.
    [(g) Of sums available to carry out this part, not more 
than $200,000 shall be available to carry out this section.

                             [annual report

    [Sec. 207. Not later than 180 days after the end of a 
fiscal year, the Administrator shall submit to the President, 
the Speaker of the House of Representatives, and the President 
pro tempore of the Senate a report that contains the following 
with respect to such fiscal year:
          [(1) A detailed summary and analysis of the most 
        recent data available regarding the number of juveniles 
        taken into custody, the rate at which juveniles are 
        taken into custody, and the trends demonstrated by the 
        data required by subparagraphs (A), (B), and (C). Such 
        summary and analysis shall set out the information 
        required by subparagraphs (A), (B), (C), and (D) 
        separately for juvenile nonoffenders, juvenile status 
        offenders, and other juvenile offenders. Such summary 
        and analysis shall separately address with respect to 
        each category of juveniles specified in the preceding 
        sentence--
                  [(A) the types of offenses with which the 
                juveniles are charged;
                  [(B) the race and gender of the juveniles;
                  [(C) the ages of the juveniles;
                  [(D) 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;
                  [(E) the number of juveniles who died while 
                in custody and the circumstances under which 
                they died; and
                  [(F) the educational status of juveniles, 
                including information relating to learning 
                disabilities, failing performance, grade 
                retention, and dropping out of school.
          [(2) A description of the activities for which funds 
        are expended under this part, including the objectives, 
        priorities, accomplishments, and recommendations of the 
        Council.
          [(3) A description, based on the most recent data 
        available, of the extent to which each State complies 
        with section 223and with the plan submitted under such 
section by the State for such fiscal year.
          [(4) A summary of each program or activity for which 
        assistance is provided under part C or 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) A description of selected exemplary delinquency 
        prevention programs for which assistance is provided 
        under this title, with particular attention to 
        community-based juvenile delinquency prevention 
        programs that involve and assist families of 
        juveniles.]

SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS; 
                    GRANTS TO INDIAN TRIBES.

    (a) Allocation of Grant Amounts.--
          (1) In general.--Subject to paragraph (2), amounts 
        made available under section 205 or part B shall be 
        allocated to the States as follows:
                  (A) 0.75 percent shall be allocated to each 
                State.
                  (B) Of the total amount remaining after the 
                allocation under subparagraph (A), there shall 
                be allocated to each State an amount that bears 
                the same ratio to the amount of remaining funds 
                described in this subparagraph as the juvenile 
                population of such State bears to the juvenile 
                population of all the States.
          (2) Exceptions.--
                  (A) In general.--The amount allocated to the 
                Virgin Islands of the United States, Guam, 
                American Samoa, the Trust Territory of the 
                Pacific Islands, and the Commonwealth of the 
                Northern Mariana Islands shall be not less than 
                $75,000 and not more than $100,000.
                  (B) Reductions.--In the case of a State which 
                is exempt from the requirements of sections 
                205(c)(3), and that elects not to comply with 
                the requirements of such subparagraph, such 
                State's allocation under this paragraph shall 
                be reduced by an amount equal to the amount 
                which such State would be required to designate 
                under section 205(e)(1)(B), or by 10 percent, 
                whichever is less.
          (3) Reallocation prohibited.--Any amounts 
        appropriated but not allocated due to the ineligibility 
        or nonparticipation of any State shall not be 
        reallocated, but shall revert to the Treasury at the 
        end of the fiscal year for which they were 
        appropriated.
          (4) Administrative costs.--A State, unit of local 
        government, or eligible unit that receives funds under 
        this part may not use more than 0.5 percent of those 
        funds to pay for administrative costs.
          (5) Religious nondiscrimination.--
                  (A) In general.--The purpose of this 
                paragraph is to allow State and local 
                governments to contract with religious 
                organizations, or to allow religious 
                organizations to accept certificates, vouchers, 
                or other forms of disbursement under any 
                program described in this title, on the same 
                basis as any other nongovernmental provider 
                without impairing the religious character of 
                such organizations, and without diminishing the 
                religious freedom of beneficiaries of 
                assistance funded under such program.
                  (B) Nondiscrimination against religious 
                organizations.--A State or local government 
                exercising its authority to distribute grants 
                to applicants under this title shall ensure 
                that religious organizations are eligible, on 
                the same basis as any other private 
                organization, as contractors to provide 
                assistance, or to accept certificates, 
                vouchers, or other forms of disbursement, under 
                any program described in this title, so long as 
                the programs are implemented consistent with 
                the Establishment Clause of the Constitution. 
                Except as provided in subparagraph (J), neither 
                the Federal Government nor a State receiving 
                funds under such programs shall discriminate 
                against an organization that is or that applies 
                to be a contractor to provide assistance, or 
                that is or that applies to be a contractor to 
                provide assistance, or that accepts 
                certificates, vouchers, or other forms of 
                disbursement, on the basis that the 
                organization has a religious character.
                  (C) Religious character and freedom.--
                          (i) Religious organizations.--A 
                        religious organization that 
                        participates in a program authorized by 
                        this title shall retain its 
                        independence from Federal, State, and 
                        local governments, including such 
                        organization's control over the 
                        definition, development, practice, and 
                        expression of its religious beliefs.
                          (ii) Additional safeguards.--Neither 
                        the Federal Government nor a State 
                        shall require a religious organization 
                        to--
                                  (I) alter its form of 
                                internal governance; or
                                  (II) remove religious art, 
                                icons, scripture, or other 
                                symbols;
                        in order to be eligible to contract to 
                        provide assistance, or to accept 
                        certificates, vouchers, or other forms 
                        of disbursements, funded under a 
                        program described in this title.
                  (D) Rights of beneficiaries of assistance.--
                If a beneficiary has an objection to the 
                religious character of the organization or 
                institution from which the beneficiary 
                receives, or would receive, assistance funded 
                under any program described in this title, the 
                State in which the individual resides shall 
                provide such individual (if otherwise eligible 
                for such assistance) within a reasonable period 
                of time after the date of such objection with 
                assistance from an alternative provider.
                  (E) Employment practices.--A religious 
                organization's exemption provided under section 
                702 of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e-1a) regarding employment practices shall 
                not be affected by its participation in, or 
                receipt of funds from, programs described in 
                this title.
                  (F) Nondiscrimination against 
                beneficiaries.--Except as otherwise provided in 
                law, a religious organization shall not 
                discriminate against an individual in regard to 
                rendering assistance funded under any program 
                described in this title on the basis of 
                religion, a religious belief, or refusal to 
                actively participate in a religious practice.
                  (G) Fiscal accountability.--
                          (i) In general.--Subject to clause 
                        (ii), any religious organization 
                        contracting to provide assistance 
                        funded under any program under this 
                        title shall be subject to the same 
                        regulations as other contractors to 
                        account in accord with generally 
                        accepted auditing principles for the 
                        use of such funds provided under such 
                        programs.
                          (ii) Limited audit.--If such 
                        organization segregates Federal funds 
                        provided under such programs into 
                        separate accounts, then only the 
                        financial assistance provided with such 
                        funds shall be subject to audit.
                  (H) Compliance.--Any party that seeks to 
                enforce its rights under this paragraph may 
                assert a civil action for injunctive relief 
                exclusively in an appropriate State court 
                against the entity or agency that allegedly 
                commits such violation.
                  (I) Limitations on use of funds for certain 
                purposes.--No funds provided through contracts 
                entered into with institutions or organizations 
                to provide services and administer programs 
                under this title shall be expended for 
                sectarian worship, instruction, or 
                proselytization.
                  (J) Preemption.--Nothing in this paragraph 
                shall be construed to preempt any provision of 
                a State constitution or State statute that 
                prohibits or restricts the expenditure of State 
                funds in or by religious organizations.
          (6) Restrictions on the use of amounts.--
                  (A) Experimentation on individuals.--
                          (i) In general.--No amounts made 
                        available to carry out this title may 
                        be used for any biomedical or behavior 
                        control experimentation on individuals 
                        or any research involving such 
                        experimentation.
                          (ii) Definition of behavior 
                        control.--In this subparagraph, the 
                        term `behavior control'--
                                  (I) means any experimentation 
                                or research employing methods 
                                that--
                                          (aa) involve a 
                                        substantial risk of 
                                        physical or 
                                        psychological harm to 
                                        the individual subject; 
                                        and
                                          (bb) are intended to 
                                        modify or alter 
                                        criminal and other 
                                        antisocial behavior, 
                                        including aversive 
                                        conditioning therapy, 
                                        drug therapy, 
                                        chemotherapy (except as 
                                        part of routine 
                                        clinical care), 
                                        physical therapy of 
                                        mental disorders, 
                                        electroconvulsive 
                                        therapy, or physical 
                                        punishment; and
                                  (II) does not include a 
                                limited class of programs 
                                generally recognized as 
                                involving no such risk, 
                                including methadone maintenance 
                                and certain substance abuse 
                                treatment programs, 
                                psychological counseling, 
                                parent training, behavior 
                                contracting, survival skills 
                                training, restitution, or 
                                community service, if 
                                safeguards are established for 
                                the informed consent of 
                                subjects (including parents or 
                                guardians of minors).
                  (B) Prohibition against private agency use of 
                amounts in construction.--No amount made 
                available to any private agency or institution, 
                or to any individual, under this title (either 
                directly or through a State office) may be used 
                for construction.
                  (C) Job training.--Except as provided in 
                section 222(a)(8)(B)(vi) or section 205(b)(12), 
                no amount made available under this title may 
                be used to carry out a youth employment program 
                to provide subsidized employment opportunities, 
                job training activities, or school-to-work 
                activities for participants.
                  (D) Lobbying.--
                          (i) In general.--Except as provided 
                        in clause (ii), no amount made 
                        available under this title to any 
                        public or private agency, organization 
                        or institution, or to any individual 
                        shall be used to pay for any personal 
                        service, advertisement, telegram, 
                        telephone communication, letter, 
                        printed or written matter, or other 
                        device intended or designed to 
                        influence a Member of Congress or any 
                        other Federal, State, or local elected 
                        official to favor or oppose any Act, 
                        bill, resolution, or other legislation, 
                        or any referendum, initiative, 
                        constitutional amendment, or any other 
                        procedure of Congress, any State 
                        legislature, any local council, or any 
                        similar governing body.
                          (ii) Exception.--This subparagraph 
                        does not preclude the use of amounts 
                        made available under this title in 
                        connection with communications to 
                        Federal, State, or local elected 
                        officials, upon the request of such 
                        officials through proper official 
                        channels, pertaining to authorization, 
                        appropriation, or oversight measures 
                        directly affecting the operation of the 
                        program involved.
                  (E) Legal action.--No amounts made available 
                under this title to any public or private 
                agency, organization, institution, or to any 
                individual, shall be used in any way directly 
                orindirectly to file an action or otherwise 
take any legal action against any Federal, State, or local agency, 
institution, or employee.
          (7) Penalties.--
                  (A) In general.--If any amounts are used for 
                the purposes prohibited in either subparagraph 
                (D) or (E) of paragraph (6), or in violation of 
                paragraph (5)--
                          (i) all funding for the agency, 
                        organization, institution, or 
                        individual at issue shall be 
                        immediately discontinued; and
                          (ii) the agency, organization, 
                        institution, or individual using 
                        amounts for the purpose prohibited in 
                        subparagraph (D) or (E) of paragraph 
                        (6), or in violation of paragraph (5), 
                        shall be liable for reimbursement of 
                        all amounts granted to the individual 
                        or entity for the fiscal year for which 
                        the amounts were granted.
                  (B) Liability for expenses and damages.--In 
                relation to a violation of paragraph (6)(E), 
                the individual filing the lawsuit or 
                responsible for taking the legal action against 
                the Federal, State, or local agency or 
                institution, or individual working for the 
                Government, shall be individually liable for 
                all legal expenses and any other expenses of 
                the Government agency, institution, or 
                individual working for the Government, 
                including damages assessed by the jury against 
                the Government agency, institution, or 
                individual working for the Government, and any 
                punitive damages.
    (b) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this title--
                  (A) $700,000,000 for fiscal year 1998;
                  (B) $700,000,000 for fiscal year 1999;
                  (C) $700,000,000 for fiscal year 2000;
                  (D) $700,000,000 for fiscal year 2001; and
                  (E) $700,000,000 for fiscal year 2002.
          (2) Allocation of appropriations.--Of amounts 
        authorized to be appropriated under paragraph (1) for 
        each fiscal year--
                  (A) $500,000,000 shall be for programs under 
                section 205;
                  (B) $50,000,000 shall be for programs under 
                section 290; and
                  (C) $150,000,000 shall be for other programs 
                under this title.
          (3) Authorization of appropriations for evaluation 
        programs.--There are authorized to be appropriated for 
        the National Institute for Juvenile Justice and 
        Delinquency Prevention for research, demonstration, and 
        evaluation, $50,000,000 for each of fiscal years 1998, 
        1999, 2000, 2001, and 2002, of which $20,000,000 shall 
        be for evaluation research of primary, secondary, and 
        tertiary juvenile delinquency programs.
          (4) Source of sums.--Sums authorized to be 
        appropriated pursuant to this subsection may be derived 
        from the Violent Crime Reduction Trust Fund.
          (5) Special grants.--
                  (A) Indian tribes.--
                          (i) Reservation of funds.--
                        Notwithstanding any other provision of 
                        law, from the amounts appropriated 
                        pursuant to paragraph (1), for each 
                        fiscal year, the Administrator shall 
                        reserve an amount equal to the amount 
                        to which all Indian tribes that qualify 
                        for a grant under subsection (d) would 
                        collectively be entitled, if such 
                        tribes were collectively treated as a 
                        State to carry out this paragraph.
                          (ii) Grants to indian tribes.--From 
                        the amounts reserved under clause (i), 
                        the Administrator shall make grants to 
                        Indian tribes for programs pursuant to 
                        the permissible purposes under section 
                        205 and part B.
                          (iii) Applications.--To be eligible 
                        to receive a grant under this 
                        paragraph, an Indian tribe shall submit 
                        to the Administrator an application in 
                        such form and containing such 
                        information as the Administrator may by 
                        regulation require. The requirements of 
                        paragraphs (2), (3), and (5) of section 
                        205(c) shall apply to grants under this 
                        paragraph.
                  (B) Technical assistance.--From the amounts 
                appropriated pursuant to paragraph (1), in each 
                fiscal year the Administrator may reserve 0.1 
                percent for the purpose of providing technical 
                assistance to recipients of grants under this 
                title.
          (6) Administration and operations.--There are 
        authorized to be appropriated for theadministration and 
operation of the Office of Juvenile Crime Control and Accountability 
such sums as may be necessary for each of fiscal years 1998, 1999, 
2000, and 2001.
          (7) Availability of funds.--Amounts made available 
        pursuant to this subsection, and allocated pursuant to 
        paragraph (1) in any fiscal year shall remain available 
        until expended.
    (c) System Support Grants.--Of amounts appropriated 
pursuant to part B, an amount not to exceed 10 percent of those 
amounts may be available for use by the Administrator to 
provide--
          (1) training and technical assistance consistent with 
        the purposes authorized under sections 204, 205, and 
        221;
          (2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the 
        juvenile justice system and reducing and abating 
        delinquent behavior, juvenile crime, and youth 
        violence;
          (3) for research and evaluation efforts to discover 
        and test methods and practices to improve the juvenile 
        justice system and reduce and abate delinquent 
        behavior, juvenile crime, and youth violence; and
          (4) information, including information on best 
        practices, consistent with purposes authorized under 
        sections 204, 205, and 221.
    (d) Grants to Indian Tribes.--
          (1) In general.--
                  (A) Plans.--As part of an application for a 
                grant under this subsection, an Indian tribe 
                shall submit a plan for conducting activities 
                described in section 205(b). The plan shall--
                          (i) provide evidence that the Indian 
                        tribe performs law enforcement 
                        functions (as determined by the 
                        Secretary of the Interior);
                          (ii) identify the juvenile justice 
                        and delinquency problems and juvenile 
                        delinquency prevention needs to be 
                        addressed by activities conducted by 
                        the Indian tribe in the area under the 
                        jurisdiction of the Indian tribe with 
                        assistance provided by the grant;
                          (iii) provide for fiscal control and 
                        accounting procedures that--
                                  (I) are necessary to ensure 
                                the prudent use, proper 
                                disbursement, and accounting of 
                                funds received under this 
                                subchapter; and
                                  (II) are consistent with the 
                                requirements of paragraph (2); 
                                and
                          (iv) contain such other information, 
                        and be subject to such additional 
                        requirements, as the Administrator may 
                        reasonably prescribe to ensure the 
                        effectiveness of the grant program 
                        under this subpart.
                  (B) Factors for consideration.--In awarding 
                grants under this section, the Administrator 
                shall consider--
                          (i) the resources that are available 
                        to each applicant that will assist, and 
                        be coordinated with, the overall 
                        juvenile justice system of the Indian 
                        tribe; and
                          (ii) for each Indian tribe that 
                        receives assistance under such a 
                        grant--
                                  (I) the relative population 
                                of individuals under the age of 
                                18; and
                                  (II) who will be served by 
                                the assistance provided by the 
                                grant.
                  (C) Grant awards.--
                          (i) In general.--
                                  (I) Competitive awards.--
                                Except as provided in clause 
                                (ii), the Administrator shall 
                                annually award grants under 
                                this section on a competitive 
                                basis. The Administrator shall 
                                enter into a grant agreement 
                                with each grant recipient under 
                                this subsection that specifies 
                                the terms and conditions of the 
                                grant.
                                  (II) Period of grant.--The 
                                period of a grant awarded under 
                                this subsection shall be 1 
                                year.
                          (ii) Exception.--In any case in which 
                        the Administrator determines that a 
                        grant recipient under this section has 
                        performed satisfactorily during the 
                        preceding year in accordance with an 
                        applicable grant agreement, the 
                        Administrator may--
                                  (I) waive the requirement 
                                that the recipient be subject 
                                to the competitive award 
                                process described in clause 
                                (i); and
                                  (II) renew the grant for an 
                                additional grant period (as 
                                specified in clause (i)(II)).
                          (iii) Modifications of processes.--
                        The Administrator may prescribe 
                        requirements to provide for appropriate 
                        modifications to the plan preparation 
                        and application process specified in 
                        this section for an application for a 
                        renewal grant under this subsection.
          (2) Reporting requirement.--Each Indian tribe that 
        receives a grant under paragraph (1) is subject to the 
        fiscal accountability provisions of section 5(f)(1) of 
        the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450c(f)(1)), relating to the submission 
        of a single-agency audit report required by chapter 75 
        of title 31, United States Code.
          (3) Matching requirement.--Funds appropriated by 
        Congress for the activities of any agency of an Indian 
        tribal government or the Bureau of Indian Affairs 
        performing law enforcement functions on any Indian 
        lands may be used to provide the non-Federal share of 
        any program or project with a matching requirement 
        funded under this paragraph.
          (4) Rule of construction.--Nothing in this subsection 
        may be construed to affect in any manner the 
        jurisdiction of an Indian tribe with respect to land or 
        persons in Alaska.

SEC. 207. ADMINISTRATIVE PROVISIONS.

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

        Part B--Federal Assistance for State and Local Programs

                 authority to make grants and contracts

    Sec. 221. (a) The Administrator is authorized to make 
grants to States and [units of general local government] units 
of local government or combinations thereof to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects directly or through grants and contracts with public 
and private agencies for the development of more effective 
education, training, research, prevention, diversion, 
treatment, and rehabilitation programs in the area of juvenile 
delinquency and programs to improve the juvenile justice 
system.
    (b)(1) With not to exceed 2 percent of the funds available 
in a fiscal year to carry out this part, the Administrator 
shall make grants to and enter into contracts with public and 
private agencies, organizations, and individuals to provide 
technical assistance to States, [units of general local 
governments] units of local government (and combinations 
thereof), and local private agencies to facilitate compliance 
with [section 223] section 222 and implementation of the State 
plan approved under [section 223(c)] section 222(c).
    (2) Grants and contracts may be made under paragraph (1) 
only to public and private agencies, organizations, and 
individuals that have experience in providing such technical 
assistance. In providing such technical assistance, the 
recipient of a grant or contract under this subsection shall 
coordinate its activities with the State agency described in 
section [299(c)(1)] section 222(a)(1).

                              [allocation

    [Sec. 222. (a)(1) Subject to paragraph (2) and in 
accordance with regulations promulgated under this part, funds 
shall be allocated annually among the States on the basis of 
relative population of people under age eighteen.
    [(2)(A) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this title (other 
than parts D and E) is less than $75,000,000, then the amount 
allocated to each State for such fiscal year shall be not less 
than $325,000, or such greater amount, up to $400,000, as is 
available to be allocated without reducing the amount of any 
State or territory's allocation below the amount allocated for 
fiscal year 1992 except that the amount allocated to the Virgin 
Islands of the United States, Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands shall be not less than $75,000, or 
such greater amount, up to $100,000, as is available to be 
allocated without reducing the amount of any State or 
territory's allocation below the amount allocated for fiscal 
year 1992, each.
    [(B) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this title (other 
than part D) equals or exceeds $75,000,000, then the amount 
allocated to each State for such fiscal year shall be not less 
than $400,000, or such greater amount, up to $600,000, as is 
available to be allocated if appropriations have been enacted 
and made available to carry out parts D and E in the full 
amounts authorized by section 299(a) (1) and (3) except that 
the amount allocated to the Virgin Islands of the United 
States, Guam, American Samoa, the Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mariana 
Islands shall be not less than $100,000, or such greater 
amount, up to $100,000, as is available to be allocated without 
reducing the amount of any State or territory's allocation 
below the amount allocated for fiscal year 1992 each.
    [(3) If, as a result of paragraph (2), the amount allocated 
to a State for a fiscal year would be less than the amount 
allocated to such State for fiscal year 1992, then the amounts 
allocated to satisfy the requirements of such paragraph shall 
be reduced pro rata to the extent necessary to allot to such 
State for the fiscal year the amount allocated to such State 
for fiscal year 1992.
    [(b) If any amount so allocated remains unobligated at the 
end of the fiscal year, such funds shall be reallocated in a 
manner equitable and consistent with the purpose of this part. 
Any amount so reallocated shall be in addition to the amounts 
already allocated and available to the State, the Virgin 
Islands, American Samoa, Guam, the Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mariana 
Islands for the same period.
    [(c) In accordance with regulations promulgated under this 
part, a portion of any allocation to any State under this part 
shall be available to develop a State plan or for other pre-
award activities associated with such State plan, and to pay 
that portion of the expenditures which are necessary for 
efficient administration, including monitoring, evaluation, and 
one full-time staff position. Not more than 10 percent of the 
total annual allocation of such State shall be available for 
such purposes, except that any amount expended or obligated by 
such State, or by units of general local government or any 
combination thereof, from amounts made availableunder this 
subsection shall be matched (in an amount equal to any such amount so 
expended or obligated) by such State, or by such units or combinations, 
from State or local funds, as the case may be. The State shall make 
available needed funds for planning and administration to units of 
general local government or combinations thereof within the State on an 
equitable basis.
    [(d) In accordance with regulations promulgated under this 
part, 5 per centum of the minimum annual allocation to any 
State under this part shall be available to assist the advisory 
group established under section 223(a)(3) of this Act.]

                              [state plans

    [Sec. 223. (a) In order to receive formula grants under 
this part, a State shall submit a plan for carrying out its 
purposes applicable to a 3-year period. Such plan shall be 
amended annually to include new programs and challenge 
activities subsequent to State participation in part E. The 
State shall submit annual performance reports to the 
Administrator which shall describe progress in implementing 
programs contained in the original plan, and shall describe the 
status of compliance with State plan requirements. In 
accordance with regulations which the Administrator shall 
prescribe, such plan shall--
          [(1) designate the State agency described in section 
        299(c)(1) as the sole agency for supervising the 
        preparation and administration of the plan;
          [(2) contain satisfactory evidence that the state 
        agency designated in accordance with paragraph (1) has 
        or will have authority, by legislation if necessary, to 
        implement such plan in conformity with this part;
          [(3) provide for an advisory group, which--
                  [(A) shall consist of not less than 15 and 
                not more than 33 members appointed by the chief 
                executive officer of the State--
                          [(i) which members have training, 
                        experience, or special knowledge 
                        concerning the prevention and treatment 
                        of juvenile delinquency or the 
                        administration of juvenile justice;
                          [(ii) which members include--
                                  [(I) at least 1 locally 
                                elected official representing 
                                general purpose local 
                                government;
                                  [(II) representatives of law 
                                enforcement and juvenile 
                                justice agencies, including 
                                juvenile and family court 
                                judges, prosecutors, counsel 
                                for children and youth, and 
                                probation workers;
                                  [(III) representatives of 
                                public agencies concerned with 
                                delinquency prevention or 
                                treatment, such as welfare, 
                                social services, mental health, 
                                education, special education, 
                                recreation, and youth services;
                                  [(IV) representatives of 
                                private nonprofit 
                                organizations, including 
                                persons with a special focus on 
                                preserving and strengthening 
                                families, parent groups and 
                                parent self-help groups, youth 
                                development, delinquency 
                                prevention and treatment, 
                                neglected or dependent 
                                children, the quality of 
                                juvenile justice, education, 
                                and social services for 
                                children;
                                  [(V) volunteers who work with 
                                delinquents or potential 
                                delinquents;
                                  [(VI) youth workers involved 
                                with programs that are 
                                alternatives to incarceration, 
                                including programs providing 
                                organized recreation 
                                activities;
                                  [(VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; and
                                  [(VIII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                learning disabilities, 
                                emotional difficulties, child 
                                abuse and neglect, and youth 
                                violence;
                          [(iii) a majority of which members 
                        (including the chairperson) shall not 
                        be full-time employees of the Federal, 
                        State, or local government;
                          [(iv) at least one-fifth of which 
                        members shall be under the age of 24 at 
                        the time of appointment; and
                          [(v) at least 3 members who have been 
                        or are currently under the jurisdiction 
                        of the juvenile justice system;
                  [(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 the opportunity to 
                review and comment, not later than 30 days 
                after their submission to the advisory group, 
                on all juvenile justice and delinquency 
                prevention grant applications 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;
                          [(ii) submit to the chief executive 
                        officer and the legislature of the 
                        State at least annually recommendations 
                        regarding State compliance with the 
                        requirements of paragraphs (12), (13), 
                        and (14) and with progress relating to 
                        challenge activities carried out 
                        pursuant to part E; and
                          [(iii) contact and seek regular input 
                        from juveniles currently under the 
                        jurisdiction of the juvenile justice 
                        system; 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.
          [(4) provide for the active consultation with and 
        participation of units of general local government or 
        combinations thereof in the development of a State plan 
        which adequately takes into account the needs and 
        requests of local governments, except that nothing in 
        the plan requirements, or any regulations promulgated 
        to carry out such requirements, shall be construed to 
        prohibit or impede the State from making grants to, or 
        entering into contracts with, local private agencies or 
        the advisory group;
          [(5) unless the provisions of this paragraph are 
        waived at the discretion of the Administrator for any 
        State in which the services for delinquent or other 
        youth are organized primarily on a statewide basis, 
        provide that at least 66\2/3\ per centum of funds 
        received by the State under section 222, other than 
        funds made available to the state advisory group under 
        section 222(d), shall be expended--
                  [(A) through programs of units of general 
                local government or combinations thereof, to 
                the extent such programs are consistent with 
                the State plan;
                  [(B) through programs of local private 
                agencies, to the extent such programs are 
                consistent with the State plan, except that 
                direct funding of any local private agency by a 
                State shall be permitted only if such agency 
                requests such funding after it has applied for 
                and been denied funding by any unit of general 
                local government or combination thereof; and
                  [(C) to provide funds for programs of Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in paragraphs 
                (12)(A), (13), and (14), applicable to the 
                detention and confinement of juveniles, an 
                amount that bears the same ratio to the 
                aggregate amount to be expended through 
                programs referred to in subparagraphs (A) and 
                (B) as the population under 18 years of age in 
                the geographical areas in which such tribes 
                perform such functions bears to the State 
                population under 18 years of age.
          [(6) provide that the chief executive officer of the 
        unit of general local government shall assign 
        responsibility for the preparation and administration 
        of the local government's part of a State plan, or for 
        the supervision of the preparation and administration 
        of the local government's part of the State plan, to 
        that agency within the local government's structure or 
        to a regional planning agency (hereinafter in this part 
        referred to as the ``local agency'') which can most 
        effectively carry out the purposes of this part and 
        shall provide for supervision of the programs funded 
        under this part by that local agency;
          [(7) provide for an equitable distribution of the 
        assistance received under section 222 within the State;
          [(8)(A) provide for (i) an analysis of juvenile crime 
        problems (including the joining of gangs that commit 
        crimes) and juvenile justice and delinquency prevention 
        needs (including educational needs) within the relevant 
        jurisdiction (including any geographical area in which 
        an Indian tribe performs law enforcement functions), a 
        description of the services to be provided, and a 
        description of performance goals and priorities, 
        including a specific statement of the manner in which 
        programs are expected to meet the identified juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) of the 
        jurisdiction; (ii) an indication of the manner in which 
        the programs relate to other similar State or local 
        programs which are intended to address the same or 
        similar problems; and (iii) a plan for the 
        concentration of State efforts which shall coordinate 
        all State juvenile delinquency programs with respect to 
        overall policy and development of objectives and 
        priorities for all State juvenile delinquency programs 
        and activities, including provision for regular 
        meetings of State officials with responsibility in the 
        area of juvenile justice and delinquency prevention;
          [(B) contain--
                  [(i) an analysis of gender-specific services 
                for the prevention and treatment of juvenile 
                delinquency, including the types of such 
                services available and the need for such 
                services for females; and
                  [(ii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
          [(C) contain--
                  [(i) an analysis of services for the 
                prevention and treatment of juvenile 
                delinquency in rural areas, including the need 
                for such services, the types of such services 
                available in rural areas, and geographically 
                unique barriers to providing such services; and
                  [(ii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; and
          [(D) contain--
                  [(i) an analysis of mental health services 
                available to juveniles in the juvenile justice 
                system (including an assessment of the 
                appropriateness of the particular placements of 
                juveniles in order to receive such services) 
                and of barriers to access to such services; and
                  [(ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;
          [(9) provide for the active consultation with and 
        participation of private agencies in the development 
        and execution of the State plan; and provide for 
        coordination and maximum utilization of existing 
        juvenile delinquency programs and other related 
        programs, such as education, special education, 
        recreation, health, and welfare within the State;
          [(10) provide that not less than 75 percent of the 
        funds available to the State under section 222, other 
        than funds made available to the State advisory group 
        under section 222(d), whether expended directly by the 
        State, by the unit of general local government, or by a 
        combination thereof, orthrough grants and contracts 
with public or private nonprofit agencies, shall be used for--
                  [(A) community-based alternatives (including 
                home-based alternatives) to incarceration and 
                institutionalization, specifically--
                          [(i) for youth who can remain at home 
                        with assistance: home probation and 
                        programs providing professional 
                        supervised group activities or 
                        individualized mentoring relationships 
                        with adults that involve the family and 
                        provide counseling and other supportive 
                        services;
                          [(ii) for youth who need temporary 
                        placement: crisis intervention, 
                        shelter, and after-care; and
                          [(iii) for youth who need residential 
                        placement: a continuum of foster care 
                        or group home alternatives that provide 
                        access to a comprehensive array of 
                        services;
                  [(B) community-based programs and services to 
                work with--
                          [(i) parents and other family members 
                        to strengthen families, including 
                        parent self-help groups, so that 
                        juveniles may be retained in their 
                        homes;
                          [(ii) juveniles during their 
                        incarceration, and with their families, 
                        to ensure the safe return of such 
                        juveniles to their homes and to 
                        strengthen the families; and
                          [(iii) parents with limited English-
                        speaking ability, particularly in areas 
                        where there is a large population of 
                        families with limited-English speaking 
                        ability;
                  [(C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the 
                needs of youth through the collaboration of the 
                many local systems before which a youth may 
                appear, including schools, courts, law 
                enforcement agencies, child protection 
                agencies, mental health agencies, welfare 
                services, health care agencies, and private 
                nonprofit agencies offering youth services;
                  [(D) projects designed to develop and 
                implement programs stressing advocacy 
                activities aimed at improving services for and 
                protecting the rights of youth affected by the 
                juvenile justice system;
                  [(E) educational programs or supportive 
                services for delinquent or other juveniles, 
                provided equitably regardless of sex, race, or 
                family income, designed to--
                          [(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, 
                        including--
                                  [(I) education in settings 
                                that promote experiential, 
                                individualized learning and 
                                exploration of academic and 
                                career options;
                                  [(II) assistance in making 
                                the transition to the world of 
                                work and self-sufficiency;
                                  [(III) alternatives to 
                                suspension and expulsion; and
                                  [(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the 
                                opportunities that education 
                                provides; and
                          [(ii) enhance coordination with the 
                        local schools that such juveniles would 
                        otherwise attend, to ensure that--
                                  [(I) the instruction that 
                                juveniles receive outside 
                                school is closely aligned with 
                                the instruction provided in 
                                school; and
                                  [(II) information regarding 
                                any learning problems 
                                identified in such alternative 
                                learning situations are 
                                communicated to the schools;
                  [(F) expanded use of home probation and 
                recruitment and training of home probation 
                officers, other professional and 
                paraprofessional personnel, and volunteers to 
                work effectively to allow youth to remain at 
                home with their families as an alternative to 
                incarceration or institutionalization;
                  [(G) youth-initiated outreach programs 
                designed to assist youth (including youth with 
                limited proficiency in English) who otherwise 
                would not be reached by traditional youth 
                assistance programs;
                  [(H) programs designed to develop and 
                implement projects relating to juvenile 
                delinquency and learning disabilities, 
                including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and 
                other handicapped youth;
                  [(I) projects designed both to deter 
                involvement in illegal activities and to 
                promote involvement in lawful activities on the 
                part of gangs whose membership is substantially 
                composed of youth;
                  [(J) programs and projects designed to 
                provide for the treatment of youths' dependence 
                on or abuse of alcohol or other addictive or 
                nonaddictive drugs;
                  [(K) law-related education programs (and 
                projects) for delinquent and at-risk youth 
                designed to prevent juvenile delinquency;
                  [(L) programs for positive youth development 
                that assist delinquent and other at-risk youth 
                in obtaining--
                          [(i) a sense of safety and structure;
                          [(ii) a sense of belonging and 
                        membership;
                          [(iii) a sense of self-worth and 
                        social contribution;
                          [(iv) a sense of independence and 
                        control over one's life;
                          [(v) a sense of closeness in 
                        interpersonal relationships; and
                          [(vi) a sense of competence and 
                        mastery including health and physical 
                        competence, personal and social 
                        competence, cognitive and creative 
                        competence, vocational competence, and 
                        citizenship competence, including 
                        ethics and participation;
                  [(M) programs that, in recognition of varying 
                degrees of the seriousness of delinquent 
                behavior and the correspondinggradations in the 
responses of the juvenile justice system in response to that behavior, 
are designed to--
                          [(i) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication restraints that bridge the 
                        gap between traditional probation and 
                        confinement in a correctional setting 
                        (including expanded use of probation, 
                        mediation, restitution, community 
                        service, treatment, home detention, 
                        intensive supervision, electronic 
                        monitoring, boot camps and similar 
                        programs, and secure community-based 
                        treatment facilities linked to other 
                        support services such as health, mental 
                        health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          [(ii) assist in the provision by the 
                        provision by the Administrator of 
                        information and technical assistance, 
                        including technology transfer, to 
                        States in the design and utilization of 
                        risk assessment mechanisms to aid 
                        juvenile justice personnel in 
                        determining appropriate sanctions for 
                        delinquent behavior;
                  [(N) programs designed to prevent and reduce 
                hate crimes committed by juveniles, including 
                educational programs and sentencing programs 
                designed specifically for juveniles who commit 
                hate crimes and that provide alternatives to 
                incarceration; and
                  [(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability 
                that include delinquent juveniles to overcome 
                language and cultural barriers that may prevent 
                the complete treatment of such juveniles and 
                the preservation of their families.
          [(11) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;
          [(12)(A) provide within three years after submission 
        of the initial plan that juveniles who are charged with 
        or who have committed offenses that would not be 
        criminal if committed by an adult or offenses (other 
        than an offense that constitutes a violation of a valid 
        court order or a violation of section 922(x) of title 
        18, United States Code, or a similar State law)., or 
        alien juveniles in custody, or such nonoffenders as 
        dependent or neglected children, shall not be placed in 
        secure detention facilities or secure correctional 
        facilities; and
          [(B) provide that the State shall submit annual 
        reports to the Administrator containing a review of the 
        progress made by the State to achieve the 
        deinstitutionalization of juveniles described in 
        subparagraph (A) and a review of the progress made by 
        the State to provide that such juveniles, if placed in 
        facilities, are placed in facilities which (i) are the 
        least restrictive alternatives appropriate to the needs 
        of the child and the community; (ii) are in reasonable 
        proximity to the family and the home communities of 
        such juveniles; and (iii) provide the services 
        described in section 103(1);
          [(13) provide that juveniles alleged to be or found 
        to be delinquent and youths within the purview of 
        paragraph (12) shall not be detained or confined in any 
        institution in which they have contact with adult 
        persons incarcerated because they have been convicted 
        of a crime or are awaiting trial on criminal charges or 
        with the part-time or full-time security staff 
        (including management) or direct-care staff of a jail 
        or lockup for adults;
          [(14) provide that, beginning after the five-year 
        period following December 8, 1980, no juvenile shall be 
        detained or confined in any jail or lockup for adults, 
        except that the Administrator shall, through 1997, 
        promulgate regulations which make exceptions with 
        regard to the detention of juveniles accused of 
        nonstatus offenses who are awaiting an initial court 
        appearance pursuant to an enforceable State law 
        requiring such appearances within twenty-four hours 
        after being taken into custody (excluding weekends and 
        holidays) provided that such exceptions are limited to 
        areas that are in compliance with paragraph (13) and--
                  [(A)(i) are outside a Standard Metropolitan 
                Statistical Area; and
                  [(ii) have no existing acceptable alternative 
                placement available;
                  [(B) are located where conditions of distance 
                to be traveled or the lack of highway, road, or 
                other ground transportation do not allow for 
                court appearances within 24 hours, so that a 
                brief (not to exceed 48 hours) delay is 
                excusable; or
                  [(C) are located where conditions of safety 
                exist (such as severely adverse, life-
                threatening weather conditions that do not 
                allow for reasonably safe travel), in which 
                case the time for an appearance may be delayed 
                until 24 hours after the time that such 
                conditions allow for reasonably safe travel;
          [(15) provide for an adequate system of monitoring 
        jails, detention facilities, correctional facilities, 
        and non-secure facilities to insure that the 
        requirements of paragraph (12)(A), paragraph (13), and 
        paragraph (14) are met, and for annual reporting of the 
        results of such monitoring to the Administrator, except 
        that such reporting requirements shall not apply in the 
        case of a State which is in compliance with the other 
        requirements of this paragraph, which is in compliance 
        with the requirements in paragraph (12)(A) and 
        paragraph (13), and which has enacted legislation which 
        conforms to such requirements and which contains, in 
        the opinion of the Administrator, sufficient 
        enforcement mechanisms to ensure that such legislation 
        will be administered effectively;
          [(16) provide assurance that youth in the juvenile 
        justice system are treated equitably on the basis of 
        gender, race, family income, and mentally, emotionally, 
        or physically handicapping conditions;
          [(17) provide assurance that consideration will be 
        given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          [(18) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          [(19) provide that fair and equitable arrangements 
        shall be made to protect the interests of employees 
        affected by assistance under this Act and shall provide 
        for the terms and conditions of such protective 
        arrangements established pursuant to this section, and 
        such protective arrangements shall, to the maximum 
        extent feasible, include, without being limited to, 
        such provisions as may be necessary for--
                  [(A) the preservation of rights, privileges, 
                and benefits (including continuation of pension 
                rights and benefits) under existing collective-
                bargaining agreements or otherwise;
                  [(B) the continuation of collective-
                bargaining rights;
                  [(C) the protection of individual employees 
                against a worsening of their positions with 
                respect to their employment;
                  [(D) assurances of employment to employees of 
                any State or political subdivision thereof who 
                will be affected by any program funded in whole 
                or in part under provisions of this Act; and
                  [(E) training or retraining programs;
          [(20) provide for such fiscal control and fund 
        accounting procedures necessary to assure prudent use, 
        proper disbursement, and accurate accounting of funds 
        received under this title;
          [(21) provide reasonable assurances that Federal 
        funds made available under this part for any period 
        will be so used as to supplement and increase (but not 
        supplant) the level of the State, local, and other non-
        Federal funds that would in the absence of such Federal 
        funds be made available for the programs described in 
        this part, and will in no event replace such State, 
        local, and other non-Federal funds;
          [(22) provide that the State agency designated under 
        paragraph (1) will from time to time, but not less 
        often than annually, review its plan and submit to the 
        Administrator an analysis and evaluation of the 
        effectiveness of the programs and activities carried 
        out under the plan, and any modifications in the plan, 
        including the survey of State and local needs, which it 
        considers necessary;
          [(23) address efforts to reduce the proportion of 
        juveniles detained or confined in secure detention 
        facilities, secure correctional facilities, jails, and 
        lockups who are members of minority groups if such 
        proportion exceeds the proportion such groups represent 
        in the general population;
          [(24) contain such other terms and conditions as the 
        Administrator may reasonably prescribe to assure the 
        effectiveness of the programs assisted under this 
        title; and
          [(25) provide an assurance that if the State receives 
        under section 222 for any fiscal year an amount that 
        exceeds 105 percent of the amount the State received 
        under such section for fiscal year 1992, all of such 
        excess shall be expended through or for programs that 
        are part of a comprehensive and coordinated community 
        system of services.
    [(b) The State agency designated under subsection (a)(1), 
after receiving and considering the advice and recommendations 
of the advisory group referred to in subsection (a), shall 
approve the State plan and any modification thereof prior to 
submission to the Administrator.
    [(c)(1) Subject to paragraph (2), the Administrator shall 
approve any State plan and any modification thereof that meets 
the requirements of this section.
    [(2) Failure to achieve compliance with the subsection 
(a)(12)(A) requirement within the 3-year time limitation shall 
terminate any State's eligibility for funding under this part 
for a fiscal year beginning before January 1, 1993, unless the 
Administrator determines that the State is in substantial 
compliance with the requirement, through achievement of 
deinstitutionalization of not less than 75 percent of such 
juveniles or through removal of 100 percent of such juveniles 
from secure correctional facilities, and has made, through 
appropriate executive or legislative action, an unequivocal 
commitment to achieving full compliance within a reasonable 
time not exceeding 2 additional years.
    [(3) If a State fails to comply with the requirements of 
subsection (a), (12)(A), (13), (14), or (23) in any fiscal year 
beginning after January 1, 1993--
          [(A) subject to subparagraph (B), the amount allotted 
        under section 222 to the State for that fiscal year 
        shall be reduced by 25 percent for each such paragraph 
        with respect to which noncompliance occurs; and
          [(B) the State shall be ineligible to receive any 
        allotment under that section for such fiscal year 
        unless--
                  [(i) the State agrees to expend all the 
                remaining funds the State receives under this 
                part (excluding funds required to be expended 
                to comply with section 222 (c) and (d) and with 
                section 223(a)(5)(C)) for that fiscal year 
onlyto achieve compliance with any such paragraph with respect to which 
the State is in noncompliance; or
                  [(ii) the Administrator determines, in the 
                discretion of the Administrator, that the 
                State--
                          [(I) has achieved substantial 
                        compliance with each such paragraph 
                        with respect to which the State was not 
                        in compliance; and
                          [(II) has made, through appropriate 
                        executive or legislative action, an 
                        unequivocal commitment to achieving 
                        full compliance within a reasonable 
                        time.
    [(d) In the event that any State chooses not to submit a 
plan, fails to submit a plan, or submits a plan or any 
modification thereof, which the Administrator, after reasonable 
notice and opportunity for hearing, in accordance with sections 
802, 803, and 804 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, determines does not meet the 
requirements of this section, the Administrator shall endeavor 
to make that State's allotment under the provisions of section 
222(a), excluding funds the Administrator shall make available 
to satisfy the requirement specified in section 222(d), 
available to local public and private non-profit agencies 
within such State for use in carrying out activities of the 
kinds described in subsection (a) (12)(A), (13), (14) and (23). 
The Administrator shall make funds which remain available after 
disbursements are made by the Administrator under the preceding 
sentence, and any other unobligated funds, available on an 
equitable basis to those States that have achieved full 
compliance with the requirements under subsection (a) (12)(A), 
(13), (14) and (23).]

SEC. 222. STATE PLANS.

  (a) In General.--In order to receive formula grants under 
this part, a State shall submit a plan, developed in 
consultation with the State Advisory Group established by the 
State under subsection (b)(2)(A), for carrying out its purposes 
applicable to a 3-year period. The State shall submit annual 
performance reports to the Administrator, each of which shall 
describe progress in implementing programs contained in the 
original plan, and shall describe the status of compliance with 
State plan requirements. In accordance with regulations that 
the Administrator shall prescribe, such plan shall--
          (1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the 
        plan;
          (2) contain satisfactory evidence that the State 
        agency designated in accordance with paragraph (1) has 
        or will have authority, by legislation if necessary, to 
        implement such plan in conformity with this part;
          (3) provide for the active consultation with and 
        participation of units of local government, or 
        combinations thereof, in the development of a State 
        plan that adequately takes into account the needs and 
        requests of local governments, except that nothing in 
        the plan requirements, or any regulations promulgated 
        to carry out such requirements, shall be construed to 
        prohibit or impede the State from making grants to, or 
        entering into contracts with, local private agencies, 
        including religious organizations;
          (4) provide that the chief executive officer of the 
        unit of local government shall assign responsibility 
        for the preparation and administration of the unit of 
        local government's part of a State plan, or for the 
        supervision of the preparation and administration of 
        the local government's part of the State plan, to that 
        agency within the unit of local government's structure 
        or to a regional planning agency (in this part referred 
        to as the `local agency') which can most effectively 
        carry out the purposes of this part and shall provide 
        for supervision of the programs funded under this part 
        by that local agency;
          (5)(A) provide for--
                  (i) an analysis of juvenile crime problems 
                (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) 
                within the relevant jurisdiction (including any 
                geographical area in which an Indian tribe 
                performs law enforcement functions), a 
                description of the services to be provided, and 
                a description of performance goals and 
                priorities, including a specific statement of 
                the manner in which programs are expected to 
                meet the identified juvenile crime problems 
                (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) 
                of the jurisdiction;
                  (ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same 
                or similar problems; and
                  (iii) a plan for the concentration of State 
                efforts, which shall coordinate all State 
                juvenile delinquency programs with respect to 
                overall policy and development of objectives 
                and priorities for all State juvenile 
                delinquency programs and activities, including 
                provision for regular meetings of State 
                officials with responsibility in the area of 
                juvenile justice and delinquency prevention;
          (B) contain--
                  (i) an analysis of services for the 
                prevention and treatment of juvenile 
                delinquency in rural areas, including the need 
                for such services, the types of such services 
                available in rural areas, and geographically 
                unique barriers to providing such services; and
                  (ii) a plan for providing needed services for 
                the prevention and treatment of juvenile 
                delinquency in rural areas; and
          (C) contain--
                  (i) an analysis of mental health services 
                available to juveniles in the juvenile justice 
                system (including an assessment of the 
                appropriateness of the particular placements of 
                juveniles in order to receive such services) 
                and of barriers to access to such services; and
                  (ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;
          (6) provide for the active consultation with and 
        participation of private agencies in the development 
        and execution of the State plan; and provide for 
        coordination and maximum utilization of existing 
        juvenile delinquency programs and other related 
        programs, such as education, special education, 
        recreation, health, and welfare within the State;
          (7) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;
          (8) provide that, of the funds made available to the 
        State pursuant to grants under section 221, whether 
        expended directly by the State, by the unit of local 
        government, or by a combination thereof, or through 
        grants and contracts with public or private nonprofit 
        agencies--
                  (A) not less than 40 percent shall be used 
                for programs that, in recognition of varying 
                degrees of the seriousness of delinquent 
                behavior and the corresponding gradations in 
                the responses of the juvenile justice system in 
                response to that behavior, are designed to--
                          (i) implement an accountability-based 
                        juvenile justice system that provides 
                        substantial and appropriate sanctions, 
                        that are graduated to reflect the 
                        severity or repeated nature of 
                        violations, for each delinquent or 
                        criminal act;
                          (ii) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication restraints that bridge the 
                        gap between traditional probation and 
                        confinement in a correctional setting 
                        (including expanded use of probation, 
                        mediation, restitution, community 
                        service, treatment, home detention, 
                        intensive supervision, electronic 
                        monitoring, boot camps and similar 
                        programs, and secure community-based 
                        treatment facilities linked to other 
                        support services such as health, mental 
                        health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          (iii) assist in the provision by the 
                        Administrator of information and 
                        technical assistance, including 
                        technology transfer, to States in the 
                        design and utilization of risk 
                        assessment mechanisms to aid juvenile 
                        justice personnel in determining 
                        appropriate sanctions for delinquent 
                        behavior; and
                  (B) not less than 35 percent shall be used 
                for--
                          (i) community-based alternatives 
                        (including home-based alternatives) to 
                        incarceration and institutionalization, 
                        specifically--
                                  (I) for youth who can remain 
                                at home with assistance, home 
                                probation and programs 
                                providing professional 
                                supervised group activities or 
                                individualized mentoring 
                                relationships with adults that 
                                involve the family and provide 
                                counseling and other supportive 
                                services;
                                  (II) for youth who need 
                                temporary placement, crisis 
                                intervention, shelter, and 
                                after-care; and
                                  (III) for youth who need 
                                residential placement, a 
                                continuum of foster care or 
                                group home alternatives that 
                                provide access to a 
                                comprehensive array of 
                                services;
                          (ii) community-based programs and 
                        services to work with--
                                  (I) parents and other family 
                                members to strengthen families, 
                                including parent self-help 
                                groups, so that juveniles may 
                                be retained in their homes;
                                  (II) juveniles during their 
                                incarceration, and with their 
                                families, to ensure the safe 
                                return of such juveniles to 
                                their homes and to strengthen 
                                the families; and
                                  (III) parents with limited-
                                English speaking ability, 
                                particularly in areas where 
                                there is a large population of 
                                families with limited-English 
                                speaking ability;
                          (iii) comprehensive juvenile justice 
                        and delinquency prevention programs 
                        that meet the needs of youth through 
                        the collaboration of the many local 
                        systems before which a youth may 
                        appear, including schools, courts, law 
                        enforcement agencies, child protection 
                        agencies, mental health agencies, 
                        welfare services, health care agencies, 
                        and private nonprofit agencies offering 
                        youth services;
                          (iv) expanded use of home probation 
                        and recruitment and training of home 
                        probation officers, other professional 
                        and paraprofessional personnel, and 
                        volunteers to work effectively to allow 
                        youth to remain at home with their 
                        families as an alternative to 
                        incarceration or institutionalization;
                          (v) youth-initiated outreach programs 
                        designed to assist youth (including 
                        youth with limited proficiency in 
                        English) who otherwise would not be 
                        reached by traditional youth assistance 
                        programs;
                          (vi) programs designed to develop and 
                        implement projects relating to juvenile 
                        delinquency and learning disabilities, 
                        including on-the-job training programs 
                        to assist community services, law 
                        enforcement, and juvenile justice 
                        personnel to more effectively recognize 
                        and provide for learning disabled and 
                        other handicapped youth;
                          (vii) projects designed both to deter 
                        involvement in illegal activities and 
                        to promote involvement in lawful 
                        activities on the part of gangs whose 
                        membership is substantially composed of 
                        youth;
                          (viii) programs and projects designed 
                        to provide for the treatment of youths' 
                        dependence on or abuse of alcohol or 
                        other addictive or nonaddictive drugs;
                          (ix) programs designed to prevent and 
                        reduce hate crimes committed by 
                        juveniles, including educational 
                        programs and sentencing programs 
                        designed specifically for juveniles who 
                        commit hate crimes and that provide 
                        alternatives to incarceration; and
                          (x) programs (including referral to 
                        literacy programs and social service 
                        programs) to assist families with 
                        limited-English speaking ability that 
                        include delinquent juveniles to 
                        overcome language and cultural barriers 
                        that may prevent the complete treatment 
                        of such juveniles and the preservation 
                        of their families;
          (9) provide that the State shall not detain or 
        confine juveniles who are alleged to be or determined 
        to be delinquent in any institution in which the 
        juvenile has prohibited physical contact with adult 
        inmates, or detain or confine any such juvenile for a 
        period of more than 72 hours in any institution in 
        which an adult inmate and a juvenile can engage in 
        sustained oral communication;
          (10)(A) provide that juveniles described in 
        subparagraph (B)--
                  (i) shall not be confined in any jail, 
                lockup, or other facility for adults for more 
                than 24 hours, excluding weekends and holidays;
                  (ii) shall not be placed in a secure 
                detention facility or secure correctional 
                facility--
                          (I) if such a juvenile is a 
                        dependent, abused, or neglected child, 
                        or an alien juvenile in custody;
                          (II) except juveniles who are 
                        runaways may be placed in a secure 
                        detention or secure correctional 
                        facility for up to 14 days if, 
                        following a hearing not later than 24 
                        hours after such a juvenile is taken 
                        into custody, excluding weekends and 
                        holidays, the court makes a written 
                        finding that--
                                  (aa) the behavior of the 
                                juvenile constitutes a clear 
                                and present danger to the 
                                physical or emotional well-
                                being of the youth;
                                  (bb) secure detention is 
                                necessary for guarding the 
                                safety of the juvenile; and
                                  (cc) the juvenile's detention 
                                is for a period that is not 
                                longer than necessary to obtain 
                                a suitable placement for the 
                                juvenile; and
                          (III) except that juveniles not 
                        described in subclause (I) or (II) may 
                        be placed in a secure detention or 
                        secure correctional facility for up to 
                        72 hours, if, following a hearing not 
                        later than 24 hours after the juvenile 
                        is taken into custody, excluding 
                        weekends and holidays, the court makes 
                        written findings setting forth--
                                  (aa) the reasons the court 
                                believes secure detention is 
                                necessary; and
                                  (bb) the reasons the court 
                                believes other sanctions, 
                                placement, or interventions are 
                                inadequate; and
          (B) juveniles described in this subparagraph are--
                  (i) juveniles charged with, or who have 
                committed, an offense that would not be 
                criminal if committed by an adult, excluding--
                          (I) juveniles who are charged with, 
                        or who have committed, a violation of 
                        section 922(x) of title 18, United 
                        States Code, or of a similar State law; 
                        and
                          (II) juveniles who are charged with, 
                        or who have committed, a violation of a 
                        valid court order; and
                  (ii) juveniles--
                          (I) who are not charged with any 
                        offense; and
                          (II) who are--
                                  (aa) aliens; or
                                  (bb) alleged to be dependent, 
                                neglected, or abused;
          (11) provide assurances that youth in the juvenile 
        justice system are treated equitably on the basis of 
        gender, race, family income, and mentally, emotionally, 
        or physically handicapping conditions;
          (12) provide assurances that consideration will be 
        given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          (13) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          (14) provide for such fiscal control and fund 
        accounting procedures necessary to assure prudent use, 
        proper disbursement, and accurate accounting of funds 
        received under this title;
          (15) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be 
        so used as to supplement and increase (but not 
        supplant) the level of the State, local, and other non-
        Federal funds that would in the absence of such Federal 
        funds be made available for the programs described in 
        this part, and shall in no event replace such State, 
        local, and other non-Federal funds;
          (16) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, 
        review its plan and submit to the Administrator an 
        analysis and evaluation of the effectiveness of the 
        programs and activities carried out under the plan, and 
        any modifications in the plan, including the survey of 
        State and local needs, that the agency considers 
        necessary;
          (17) require that the State or each unit of local 
        government that is a recipient of amounts under this 
        part spends those amounts, to the extent feasible, in 
        proportion to the amount of juvenile crime committed 
        within each relevant sector of the relevant geographic 
        region;
          (18) provide assurances that any assistance provided 
        under this act will not cause the displacement 
        (including a partial displacement, such as a reduction 
        in the hours of nonovertime work, wages, or employment 
        benefits) of any employee who is a current employee at 
        the time that the assistance is provided; and
          (19) require that the State or each unit of local 
        government that is a recipient of amounts under this 
        part require that any person convicted of a sexual act 
        or sexual contact involving any person not having 
        attained the age of 18 be tested for the presence of 
        any sexually transmitted disease and that the results 
        of such test be provided to the victim or to the family 
        of the victim as well as to any court or other 
        government agency with primary authority for sentencing 
        the person convicted for the commission of the sexual 
        act or sexual contact (as those terms are defined in 
        paragraphs (2) and (3), respectively, of section 2246 
        of title 18, United States Code) involving a person not 
        having attained the age of 18.
The failure to comply with paragraph (19) within a reasonable 
amount of time after the date of enactment of the Violent and 
Repeat Juvenile Offender Act of 1997 shall result in the loss 
of 10 percent of the funds to which the State or each unit of 
local government that is a recipient of amounts under this part 
is otherwise entitled.
    (b) Approval by State Agency.--
          (1) State Agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to 
        the Administrator.
          (2) State advisory group.--
                  (A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as 
                the ``State Advisory Group'', consisting of 
                representatives from both the private and 
                public sector. The State shall ensure that 
                members of the State Advisory Group shall have 
                experience in the area of juvenile delinquency 
                prevention, the prosecution of juvenile 
                offenders, the treatment of juvenile 
                delinquency, the investigation of juvenile 
                crimes, or the administration of juvenile 
                justice programs. The chairperson of the State 
                Advisory Group shall not be a full-time 
                employee of the Federal Government or the State 
                government.
                  (B) Consultation.--
                          (i) In general.--The State shall 
                        consult with the State Advisory Group 
                        established under subparagraph (A) in 
                        developing and reviewing the State plan 
                        under this section.
                          (ii) Authority.--The State Advisory 
                        Group shall report to the chief 
                        executive officer and the legislature 
                        of the State on an annual basis 
                        regarding recommendations related to 
                        the State's compliance under this 
                        section.
                  (C) Funding.--The State is authorized to make 
                available to the State Advisory Group such sums 
                as may be necessary to assist the State 
                Advisory Group in adequately performing its 
                duties under this paragraph.
    (c) Approval by Administrator; Compliance With Statutory 
Requirements.--
          (1) In general.--The Administrator shall approve any 
        State plan and any modification thereof that meets the 
        requirements of this section.
          (2) Reduced allocations.--If a State fails to comply 
        with any requirement of subsection (a)(9) in any fiscal 
        year beginning after January 1, 1998, the State shall 
        be ineligible to receive any allocation under that 
        section for such fiscal year unless--
                  (A) the State agrees to expend all the 
                remaining funds the State receives under this 
                part for that fiscal year only to achieve 
                compliance with such paragraph; or
                  (B) the Administrator determines, in the 
                discretion of the Administrator, that the 
                State--
                          (i) has achieved substantial 
                        compliance with such paragraph; and
                          (ii) has made, through appropriate 
                        executive or legislative action, an 
                        unequivocal commitment to achieving 
                        full compliance within a reasonable 
                        time.
           * * * * * * *

                       Part C--National Programs

  Subpart I--National Institute for Juvenile Justice and Delinquency 
                               Prevention

     establishment of national institute for juvenile justice and 
                         delinquency prevention

    Sec. 241. (a) There is hereby established within the 
[Juvenile Justice and Delinquency Prevention Office] a National 
Institute for Juvenile Justice and Delinquency Prevention. 
Office of Juvenile Crime Control and Accountability
           * * * * * * *
    (d) It shall be the purpose of the Institute to provide--
          (1) a coordinating center for the collection, 
        preparation, and dissemination of useful data regarding 
        the prevention, treatment, and control of juvenile 
        delinquency; [and]
          (2) for the rigorous and independent evaluation of 
        the delinquency and youth violence prevention programs 
        funded under this title;
          (3) funding for research and demonstration projects 
        on the nature, causes, and prevention of juvenile 
        violence and juvenile delinquency; and
          [(2)] (4) appropriate training (including training 
        designed to strengthen and maintain the family unit) 
        for representatives of Federal, State, local law 
        enforcement officers, teachers and special [education 
        personnel recreation] education personnel, recreation 
        and [park personnel,] park personnel, family 
        counselors, child welfare workers, juvenile judges and 
        judicial personnel, child welfare workers, juvenile 
        judges and judicial personnel, probation personnel, 
        prosecutors and defense attorneys, correctional 
        personnel (including volunteer lay personnel), persons 
        associated with law-related education, youth workers, 
        and representatives of private agencies and 
        organizations with specific experience in the 
        prevention, treatment, and control of juvenile 
        delinquency.
    (e) In addition to the other powers, express and implied, 
the Institute may--
          (1) request any Federal agency to supply such 
        statistics, data, program reports, and other material 
        as the Institute deems necessary to carry out its 
        functions;
          * * * * * * *
          (4) make grants and enter into contracts with public 
        or private agencies, organizations, or individuals for 
        the partial performance of any functions of the 
        Institute; and
          (5) compensate consultants and members of technical 
        advisory councils who are not in the regular full-time 
        employ of the United States, at a rate now or hereafter 
        payable under section 5376 of title 5 of the United 
        States Code and while away from home, or regular place 
        of business, they may be allowed travel expenses, 
        including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States 
        Code for persons in the Government service employed 
        intermittently; [and].
          [(6) assist through training, the advisory groups 
        established pursuant to section 223(a)(3) or comparable 
        public or private citizen groups in nonparticipating 
        States in the accomplishment of their objectives 
        consistent with this title.]
    [(f)(1) The Administrator, acting through the Institute, 
shall provide technical and financial assistance to an eligible 
organization composed of member representatives of the State 
advisory groups appointed under section 223(a)(3) to assist 
such organization to carry out the functions specified in 
paragraph (2).
    [(2) To be eligible to receive such assistance, such 
organization shall agree to carry out activities that include--
          [(A) conducting an annual conference of such member 
        representatives for purposes relating to the activities 
        of such State advisory groups;
          [(B) disseminating information, data, standards, 
        advanced techniques, and program models developed 
        through the Institute and through programs funded under 
        section 261;
          [(C) reviewing Federal policies regarding juvenile 
        justice and delinquency prevention;
          [(D) advising the Administrator with respect to 
        particular functions or aspects of the work of the 
        Office; and
          [(E) advising the President and Congress with regard 
        to State perspectives on the operation of the Office 
        and Federal legislation pertaining to juvenile justice 
        and delinquency prevention.]
    (f) Duties of the Institute.--
          (1) In general--The Institute shall make grants and 
        enter into contracts for the purposes of evaluating 
        programs established and funded with State formula 
        grants, research and demonstration projects funded by 
        the National Institute of Juvenile Justice and 
        Delinquency, and discretionary funding of the Office of 
        Juvenile Crime Control and Accountability.
          (2) Requirements.--Evaluations and research studies 
        funded by the Institute shall--
                  (A) be independent in nature;
                  (B) be awarded competitively; and
                  (C) employ rigorous and scientifically 
                recognized standards and methodologies, 
                including peer review by nonapplicants.
          * * * * * * *
    Sec. 243. (a) The Administrator, acting through the 
National Institute for Juvenile Justice and Delinquency 
Prevention, is authorized to--
          (1) conduct, encourage, and coordinate research and 
        evaluation into any aspect of juvenile delinquency, 
        particularly with regard to new programs and methods 
        which [seek to strengthen and preserve families or 
        which] show promise of making a contribution toward the 
        prevention and treatment of juvenile delinquency;
          (2) encourage the development of demonstration 
        projects in new, innovative techniques and methods to 
        prevent and treat juvenile delinquency;
          (3) establish or expand programs that, in recognition 
        of varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(i)] (A) encourage courts to develop and 
                implement a continuum of post-adjudication 
                restraints that bridge the gap between 
                traditional probation and confinement in a 
                correctional setting (including expanded use of 
                probation, mediation, restitution, community 
                service, treatment, home detention, intensive 
                supervision, electronic monitoring, boot camps 
                and similar programs, and secure community-
                based treatment facilities linked to other 
                support services such as health, mental health, 
                education (remedial and special), job training, 
                and recreation); and
                  [(ii)] (B) assist in the provision by the 
                Administrator of best practices of information 
                and technical assistance, including technology 
                transfer, to States in the design and 
                utilization of risk assessment mechanisms to 
                aid juvenile justice personnel in determining 
                appropriate sanctions for delinquent behavior;
          (4) [Encourage] encourage the development of programs 
        which, in addition to helping youth take responsibility 
        for their behavior, [take into consideration life 
        experiences which may have contributed to their 
        delinquency when developing intervention and treatment 
        programs] through control and incarceration, if 
        necessary, provide therapeutic intervention such as 
        providing skills;
          (5) encourage the development and establishment of 
        programs to enhance the States' ability to identify 
        chronic serious and violent juvenile offenders who 
        commit crimes such as rape, murder, firearms offenses, 
        gang-related crimes, violent felonies, and serious drug 
        offenses;
          [(5) \3\ provide for the evaluation of all juvenile 
        delinquency programs assisted under this title in order 
        to determine the results and the effectiveness of such 
        programs;]
          [(6) \3\ provide for the evaluation of any other 
        Federal, State, or local juvenile delinquency program;]
          [(7) \3\ prepare, in cooperation with educational 
        institutions, with Federal, State, and local agencies, 
        and with appropriate individuals and private agencies, 
        such studies as it considers to be necessary with 
        respect to the prevention and treatment of juvenile 
        delinquency and the improvement of the juvenile justice 
        system, including--
                  [(A) recommendations designed to promote 
                effective prevention and treatment, 
                particularly by strengthening and maintaining 
                the family unit;
                  [(B) assessments regarding the role of family 
                violence, sexual abuse or exploitation, media 
                violence, the improper handling of youth placed 
                in one State by another State, the 
                effectiveness of family-centered treatment 
                programs, special education, remedial 
                education, and recreation, and the extent to 
                which youth in the juvenile system are treated 
                differently on the basis of sex, race, or 
                family income and the ramifications of such 
                treatment;
                  [(C) examinations of the treatment of 
                juveniles processed in the criminal justice 
                system; and
                  [(D) recommendations as to effective means 
                for deterring involvement in illegal activities 
                or promoting involvement in lawful activities 
                (including the productive use of discretionary 
                time through organized recreational \1\ on the 
                part of gangs whose membership is substantially 
                composed of juveniles;]
          (6) prepare, in cooperation with education 
        institutions, with Federal, State, and local agencies, 
        and with appropriate individuals and private agencies, 
        such studies as it considers to be necessary with 
        respect to prevention of and intervention with juvenile 
        violence and delinquency and the improvement of 
        juvenile justice systems, including--
                  (A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                  (B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs 
                designed to prevent youth violence and juvenile 
                delinquency;
                  (C) studies of the extent, nature, risk, and 
                protective factors, and causes of youth 
                violence and juvenile delinquency;
                  (D) comparisons of youth adjudicated and 
                treated by the juvenile justice system compared 
                to juveniles waived to and adjudicated by the 
                adult criminal justice system (including 
                incarcerated in adult, secure correctional 
                facilities);
                  (E) recommendations with respect to effective 
                and ineffective primary, secondary, and 
                tertiary prevention interventions, including 
                for which juveniles, and under what 
                circumstances (including circumstances 
                connected with the staffing of the 
                intervention), prevention efforts are effective 
                and ineffective; and
                  (F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding 
                pretrial detention;
          [(8)] (7) disseminate the results of such evaluations 
        and research and demonstration activities particularly 
        to persons actively working in the field of juvenile 
        delinquency;
          [(9)] (8) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with 
        the prevention and treatment of juvenile delinquency; 
        and
          [(10) develop and support model State legislation 
        consistent with the mandates of this title and the 
        standards developed by the National Advisory Committee 
        for Juvenile Justice and Delinquency Prevention before 
        the date of the enactment of the Juvenile Justice, 
        Runaway Youth, and Missing Children's Act Amendments of 
        1984;]
          [(11) support research relating to reducing the 
        excessive proportion of juveniles detained or confined 
        in secure detention facilities, secure correctional 
        facilities, jails, and lockups who are members of 
        minority groups; and]
          [(12) support independent and collaborative research, 
        research training, and consultation on social, 
        psychological, educational, economic, and legal issues 
        affecting children and families;]
          [(13) support research related to achieving a better 
        understanding of the commission of hate crimes by 
        juveniles and designed to identify educational programs 
        best suited to prevent and reduce the incidence of hate 
        crimes committed by juveniles; and]
          [(14)] (9) routinely collect, analyze, compile, 
        publish, and disseminate uniform national statistics 
        concerning--
                  (A) all aspects of juveniles as victims and 
                offenders;
                  (B) the processing and treatment, in the 
                juvenile justice system, of juveniles who are 
                status offenders, delinquent, neglected, or 
                abused; and
                  (C) the processing and treatment of such 
                juveniles who are treated as adults for 
                purposes of the criminal justice system.
    (b) The Administrator shall make available to the public--
          (1) the results of evaluations and research and 
        demonstration activities referred to in subsection 
        (a)(8); [and]
          (2) the data and studies referred to in [subsection 
        (a)(9)] subsection (a)(8); that the Administrator is 
        authorized to disseminate under subsection (a)[.] ; and
          (3) regular reports on the record of each State on 
        objective measurements of youth violence, such as the 
        number, rate, and trend of homicides committed by 
        youths.

              [technical assistance and training functions

    [Sec. 244. The Administrator, acting through the National 
Institute for Juvenile Justice and Delinquency Prevention is 
authorized to--
          [(1) provide technical assistance and training 
        assistance to Federal, State, and local governments and 
        to courts, public and private agencies, institutions, 
        and individuals in the planning, establishment, 
        funding, operation, and evaluation of juvenile 
        delinquency programs;
          [(2) develop, conduct, and provide for training 
        programs for the training of professional, 
        paraprofessional, and volunteer personnel, and other 
        persons who are working with or preparing to work with 
        juveniles, juvenile offenders (including juveniles who 
        commit hate crimes), and their families;
          [(3) develop, conduct, and provide for seminars, 
        workshops, and training programs in the latest proven 
        effective techniques and methods of preventing and 
        treating juvenile delinquency for law enforcement 
        officers, juvenile judges \1\ prosecutors and defense 
        attorneys,\2\ and other court personnel, probation 
        officers, correctional personnel, and other Federal, 
        State, and local government personnel who are engaged 
        in work relating to juvenile delinquency;
          [(4) develop technical training teams to aid in the 
        development of training programs in the States and to 
        assist State and local agencies which work directly 
        with juveniles and juvenile offenders; and
          [(5) provide technical assistance and training to 
        assist States and units of general local government to 
        adopt the model standards issued under section 
        204(b)(7).

                   [establishment of training program

    [Sec. 245. (a) The Administrator shall establish within the 
Institute a training program designed to train enrollees with 
respect to methods and techniques for the prevention and 
treatment of juvenile delinquency, including methods and 
techniques specifically designed to prevent and reduce the 
incidence of hate crimes committed by juveniles. In carrying 
out this program the Administrator is authorized to make use of 
available State and local services, equipment, personnel, 
facilities, and the like.
    [(b) Enrollees in the training program established under 
this section shall be drawn from law enforcement and 
correctional personnel (including volunteer lay personnel), 
teachers and special education personnel, family counselors, 
child welfare workers, juvenile judges and judicial personnel, 
persons associated with law-relatededucation, youth workers, 
and representatives of private agencies and organizations with specific 
experience in the prevention and treatment of juvenile delinquency.]

                    [curriculum for training program

    [Sec. 246. The Administrator shall design and supervise a 
curriculum for the training program established by section 245 
which shall utilize an interdisciplinary approach with respect 
to the prevention of juvenile delinquency, the treatment of 
juvenile delinquents, and the diversion of youths from the 
juvenile justice system. Such curriculum shall be appropriate 
to the needs of the enrollees of the training program and shall 
include training designed to prevent juveniles from committing 
hate crimes.]

[participation in training program and state advisory group conferences

    [Sec. 247. (a) Any person seeking to enroll in the training 
program established under section 245 shall transmit an 
application to the Administrator, in such form and according to 
such procedures as the Administrator may prescribe.
    [(b) The Administrator shall make the final determination 
with respect to the admittance of any person to the training 
program. The Administrator, in making such determination, shall 
seek to assure that persons admitted to the training program 
are broadly representative of the categories described in 
section 245(b).
    [(c) While participating as a trainee in the program 
established under section 245 or while participating in any 
conference held under section 241(f), and while traveling in 
connection with such participation, each person so 
participating shall be allowed travel expenses, including a per 
diem allowance in lieu of subsistence, in the same manner as 
persons employed intermittently in Government service are 
allowed travel expenses under section 5703 of title 5, United 
States Code. No consultation fee may be paid to such person for 
such participation.]

                      [special studies and reports

    [Sec. 248. (a) Pursuant to 1988 Amendments.--(1) Not later 
than 1 year after the date of the enactment of the Juvenile 
Justice and Delinquency Prevention Amendments of 1988, the 
Administrator shall begin to conduct a study with respect to 
the juvenile justice system--
          [(A) to review--
                  [(i) conditions in detention and correctional 
                facilities for juveniles; and
                  [(ii) the extent to which such facilities 
                meet recognized national professional 
                standards; and
          [(B) to make recommendations to improve conditions in 
        such facilities.
    [(2)(A) Not later than 1 year after the date of the 
enactment of the Juvenile Justice and Delinquency Prevention 
Amendments of 1988, the Administrator shall begin to conduct a 
study to determine--
          [(i) how juveniles who are American Indians and 
        Alaskan Natives and who are accused of committing 
        offenses on and near Indian reservations and Alaskan 
        Native villages, respectively, are treated under the 
        systems of justice administered by Indian tribes and 
        Alaskan Native organizations, respectively, that 
        perform law enforcement functions;
          [(ii) the amount of financial resources (including 
        financial assistance provided by governmental entities) 
        available to Indian tribes and Alaskan Native 
        organizations that perform law enforcement functions, 
        to support community-based alternatives to 
        incarcerating juveniles; and
          [(iii) the extent to which such tribes and 
        organizations comply with the requirements specified in 
        paragraphs (12)(A), (13), and (14) of section 223(a), 
        applicable to the detention and confinement of 
        juveniles.
    [(2)(A) For purposes of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e(b)), 
any contact, subcontract, grant, or subgrant made under 
paragraph (1) shall be deemed to be a contract, subcontract, 
grant, or subgrant made for the benefit of Indians.
    [(ii) for purposes of section 7(b) of such Act and 
subparagraph (A) of this paragraph, references to Indians and 
Indian organizations shall be deemed to include Alaskan Natives 
and Alaskan Native organizations, respectively.
    [(3) Not later than 3 years after the date of the enactment 
of the Juvenile Justice and Delinquency Prevention Amendments 
of 1988, the Administrator shall submit a report to the 
chairman of the Committee on Education and Labor of the House 
of Representatives and the chairman of the Committee on the 
Judiciary of the Senate containing a description, and a summary 
of the results, of the study conducted under paragraph (1) or 
(2), as the case may be.
  [(b) Pursuant to 1992 Amendments.--(1) Not later than 1 year 
after the date of enactment of this subsection, the Comptroller 
General shall--
          [(A) conduct a study with respect to juveniles waived 
        to adult court that reviews--
                  [(i) the frequency and extent to which 
                juveniles have been transferred, certified, or 
                waived to criminal court for prosecution during 
                the 5-year period ending December 1992;
                  [(ii) conditions of confinement in adult 
                detention and correctional facilities for 
                juveniles waived to adult court; and
                  [(iii) sentencing patterns, comparing 
                juveniles waived to adult court with juveniles 
                who have committed similar offenses but have 
                not been waived; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report (including a 
        compilation of State waiver statutes) on the findings 
        made in the study and recommendations to improve 
        conditions for juveniles waived to adult court.
    [(2) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study with respect to admissions of 
        juveniles for behavior disorders to private psychiatric 
        hospitals, and to other residential and nonresidential 
        programs that serve juveniles admitted for behavior 
        disorders, that reviews--
                  [(i) the frequency with which juveniles have 
                been admitted to such hospitals and programs 
                during the 5-year period ending December 1992; 
                and
                  [(ii) conditions of confinement, the average 
                length of stay, and methods of payment for the 
                residential care of such juveniles; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to improve 
        procedural protections and conditions for juveniles 
        with behavior disorders admitted to such hospitals and 
        programs.
    [(3) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of gender bias within State 
        juvenile justice systems that reviews--
                  [(i) the frequency with which females have 
                been detained for status offenses (such as 
                frequently running away, truancy, and sexual 
                activity), as compared with the frequency with 
                which males have been detained for such 
                offenses during the 5-year period ending 
                December 1992; and
                  [(ii) the appropriateness of the placement 
                and conditions of confinement for females; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to combat gender 
        bias in juvenile justice and provide appropriate 
        services for females who enter the juvenile justice 
        system.
    [(4) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of the Native American pass-
        through grant program authorized under section 
        223(a)(5)(C) that reviews the cost-effectiveness of the 
        funding formula utilized; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to improve the 
        Native American pass-through grant program.
    [(5) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of access to counsel in juvenile 
        court proceedings that reviews--
                  [(i) the frequency with which and the extent 
                to which juveniles in juvenile court 
                proceedings either have waived counsel or have 
                obtained access to counsel during the 5-year 
                period ending December 1992; and
                  [(ii) a comparison of access to and the 
                quality of counsel afforded juveniles charged 
                in adult court proceedings with those of 
                juveniles charged in juvenile court 
                proceedings; and
          [(B) submit to Committee on Education and Labor of 
        the House of Representatives and the Committee on the 
        Judiciary of the Senate a report on the findings made 
        in the study and recommendations to improve access to 
        counsel for juveniles in juvenile court proceedings.
    [(6)(A) Not later than 180 days after the date of enactment 
of this subsection, the Administrator shall begin to conduct a 
study and continue any pending study of the incidence of 
violence committed by or against juveniles in urban and rural 
areas in the United States.
    [(B) The urban areas shall include--
          [(i) the District of Columbia;
          [(ii) Los Angeles, California;
          [(iii) Milwaukee, Wisconsin;
          [(iv) Denver, Colorado;
          [(v) Pittsburgh, Pennsylvania;
          [(vi) Rochester, New York; and
          [(vii) such other cities as the Administrator 
        determines to be appropriate.
    [(C) At least one rural area shall be included.
    [(D) With respect to each urban and rural area included in 
the study, the objectives of the study shall be--
          [(i) to identify characteristics and patterns of 
        behavior of juveniles who are at risk of becoming 
        violent or victims of homicide;
          [(ii) to identify factors particularly indigenous to 
        such area that contribute to violence committed by or 
        against juveniles;
          [(iii) to determine the accessibility of firearms, 
        and the use of firearms by or against juveniles;
          [(iv) to determine the conditions that cause any 
        increase in violence committed by or against juveniles;
          [(v) to identify existing and new diversion, 
        prevention, and control programs to ameliorate such 
        conditions;
          [(vi) to improve current systems to prevent and 
        control violence by or against juveniles; and
          [(vii) to develop a plan to assist State and local 
        governments to establish viable ways to reduce homicide 
        committed by or against juveniles.
    [(E) Not later than 3 years after the date of enactment of 
this subsection, the Administrator shall submit a report to the 
Committee on Education and Labor of the House of 
Representatives and the Committee on the Judiciary of the 
Senate detailing the results of the study addressing each 
objective specified in subparagraph (D).
    [(7)(A) Not later than 1 year after the date of the 
enactment of this subsection, the Administrator shall--
          [(i) conduct a study described in subparagraph (B); 
        and
          [(ii) submit to the chairman of the Committee on 
        Education and Labor of the House of Representatives and 
        the chairman of the Committee on the Judiciary of the 
        Senate the results of the study.
    [(B) The study required by subparagraph (A) shall assess--
          [(i) the characteristics of juveniles who commit hate 
        crimes, including a profile of such juveniles based 
        on--
                  [(I) the motives for committing hate crimes;
                  [(II) the age, sex, race, ethnicity, 
                education level, locality, and family income of 
                such juveniles; and
                  [(III) whether such juveniles are familiar 
                with publications or organized groups that 
                encourage the commission of hate crimes;
          [(ii) the characteristics of hate crimes committed by 
        juveniles, including--
                  [(I) the types of hate crimes committed;
                  [(II) the frequency with which institutions 
                and natural persons, separately determined, 
                were the targets of such crimes;
                  [(III) the number of persons who participated 
                with juveniles in committing such crimes;
                  [(IV) the types of law enforcement 
                investigations conducted with respect to such 
                crimes;
                  [(V) the law enforcement proceedings 
                commenced against juveniles for committing hate 
                crimes; and
                  [(VI) the penalties imposed on such juveniles 
                as a result of such proceedings; and
          [(iii) the characteristics of the victims of hate 
        crimes committed by juveniles, including--
                  [(I) the age, sex, race, ethnicity, locality 
                of the victims and their familiarity with the 
                offender; and
                  [(II) the motivation behind the attack.]

SEC. 244. REPORT ON STATUS OFFENDERS.

    The National Institute of Juvenile Justice and Delinquency 
Prevention shall conduct a study on the effect of incarceration 
on status offenders compared to similarly situated individuals 
who are not placed in secure detention in terms of the 
continuation of their inappropriate or illegal conduct, 
delinquency, or future criminal behavior, and evaluating the 
safety of status offenders placed in secure detention. The 
study shall be completed not later than September 1, 2002. 
Copies of the report shall be provided to the Chairmen and 
Ranking Members of the Committees on the Judiciary of the 
Senate and House of Representatives.

    [Subpart II--Special Emphasis Prevention and Treatment Programs]

                 authority to make grants and contracts

    [Sec. 261. (a) Except as provided in subsection (f), the 
Administrator shall, by making grants to and entering into 
contracts with public and private nonprofit agencies, 
organizations, institutions, and individuals provide for each 
of the following during each fiscal year:
          [(1) Establishing or maintaining community-based 
        alternatives (including home-based treatment programs) 
        to traditional forms of institutionalization of 
        juvenile offenders.
          [(2) Establishing or implementing effective means of 
        diverting juveniles from the traditional juvenile 
        justice and correctional system, including restitution 
        and reconciliation projects which test and validate 
        selected arbitration models, such as neighborhood 
        courts or panels, and increase victim satisfaction 
        while providing alternatives to incarceration for 
        detained or adjudicated delinquents.
          [(3) Establishing or supporting advocacy programs and 
        services that encourage the improvement of due process 
        available to juveniles in the juvenile justice system 
        and the quality of legal representation for such 
        juveniles.
          [(4) Establishing or supporting programs stressing 
        advocacy activities aimed at improving services to 
        juveniles affected by the juvenile justice system, 
        including services that provide for the appointment of 
        special advocates by courts for such juveniles.
          [(5) Developing or supporting model programs to 
        strengthen and maintain the family unit in order to 
        prevent or treat juvenile delinquency.
          [(6) Establishing or implementing special emphasis 
        prevention and treatment programs relating to juveniles 
        who commit serious crimes (including such crimes 
        committeed in schools), including programs designed to 
        deter involvement in illegal activities or to promote 
        involvement in lawful activities on the part of gangs 
        whose membership is substantially composed of 
        juveniles.
          [(7) Developing or implementing further a 
        coordinated, national law-related education program 
        of--
                  [(A) delinquency prevention in elementary and 
                secondary schools, and other local sites;
                  [(B) training for persons responsible for the 
                implementation of law-related education 
                programs; and
                  [(C) disseminating information regarding 
                model, innovative, law-related education 
                programs to juvenile delinquency programs, 
                including those that are community based, and 
                to law enforcement and criminal justice 
                agencies for activities related to juveniles, 
                that targets juveniles who have had contact 
                with the juvenile justice system or who are 
                likely to have contact with the system.
          [(8) Addressing efforts to reduce the proportion of 
        juveniles detained or confined in secure detention 
        facilities, secure correctional factilities, jails, and 
        lockups who are members of minority groups if such 
        proportion exceeds the proportion such groups represent 
        in the general population.
          [(9) Establishing or supporting programs designed to 
        prevent and to reduce the incidence of hate crimes by 
        juveniles, including--
                  [(A) model educational programs that are 
                designed to reduce the incidence of hate crimes 
                by means such as--
                          [(i) addressing the specific 
                        prejudicial attitude of each offender;
                          [(ii) developing an awareness in the 
                        offender of the effect of the hate 
                        crime on the victim; and
                          [(iii) educating the offender about 
                        the importance of tolerance in our 
                        society; and
                  [(B) sentencing programs that are designed 
                specifically for juveniles who commit hate 
                crimes and that provide alternatives to 
                incarceration.
    [(b) Except as provided in subsection (f), the Adminstrator 
is authorized, by making grants to and entering into contracts 
with public and private nonprofit agencies, organizations, 
institutions, and individuals, to develop and implement new 
approaches, techniques, and methods designed to--
          [(1) improve the capability of public and private 
        agencies and organizations to provide services for 
        delinquents and other juveniles to help prevent 
        juvenile delinquency;
          [(2) develop and implement, in coordination with the 
        Secretary of Education, model programs and methods to 
        keep students in elementary and secondary schools, to 
        assist in identifying learning difficulties (including 
        learning disabilities), to prevent unwarranted and 
        arbitrary suspensions and expulsions, and to encourage 
        new approaches and techniques with respect to the 
        prevention of school violence and vandalism;
          [(3) develop, implement, and support, in conjuction 
        with the Secretary of Labor, other public and private 
        agencies, organizations, business, and industry, 
        programs for the employment of juveniles;
          [(4) develop and support programs designed to 
        encourage and assist State legislatures to consider and 
        establish policies consistent with this title, both by 
        amending State laws, if necessary, and devoting greater 
        resources to effectuate such policies;
          [(5) develop and implement programs relating to 
        juvenile delinquency and learning disabilities, 
        including on-the-job training programs to assist law 
        enforcement personnel and juvenile justice personnel to 
        more effectively recognize and provide for learning-
        disabled and other handicapped juveniles;
          [(6) develop statewide programs through the use of 
        subsidies or other financial incentives designed to--
                  [(A) remove juveniles from jails and lockups 
                for adults;
                  [(B) replicate juvenile programs designated 
                as exemplary by the National Institute of 
                Justice; or
                  [(C) establish and adopt, based upon the 
                recommendations of the National Advisory 
                Committee for Juvenile Justice and Delinquency 
                Prevention made before the date of the 
                enactment of the Juvenile Justice, Runaway 
                Youth, and Missing Children's Act Amendments of 
                1984, standards for the improvement of juvenile 
                justice within each State involved; and
          [(7) develop and implement programs, relating to the 
        special education needs of delinquent and other 
        juveniles, which develop locally coordinated policies 
        and programs among education, juvenile justice, and 
        social service agencies.
    [(c) Not less than 30 percent of the funds available for 
grants and contracts under this section shall be available for 
grants to and contracts with private nonprofit agencies, 
organizations, and institutions which have experience in 
dealing with juveniles.
    [(d) Assistance provided under this section shall be 
available on an equitable basis to deal with female, minority, 
and disadvantaged juveniles, including juveniles who are 
mentally, emotionally, or physically handicapped.
    [(e) Not less than 5 percent of the funds available for 
grants and contracts under this section shall be available for 
grants and contracts designed to address the special needs and 
problems of juvenile delinquency in the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mariana 
Islands.
    [(f) The Administrator shall not make a grant or a contract 
under subsection (a) or (b) to the Department of Justice or to 
any administrative unit or other entity that is part of the 
Department of Justice.]

              considerations for approval of applications

    Sec. [262] 245. (a) Any agency, institution, or individual 
desiring to receive a grant, or enter into a contract, under 
[this part] section 243 shall submit an application at such 
time, in such manner, and containing or accompanied by such 
information as the Administrator may prescribe.
    (b) In accordance with guidelines established by the 
Administrator, each application for assistance under [this 
part] section 243 shall--
          (1) set forth a program for carrying out one or more 
        of the purposes set forth in [this part] section 243 
        and specifically identify each such purpose such 
        program is designed to carry out;
          (2) provide that such program shall be administered 
        by or under the supervision of the applicant;
          (3) provide for the proper and efficient 
        administration of such program;
          (4) provide for regular evaluation of such program; 
        and
          [(5) certify that the applicant has requested the 
        State planning agency and local agency designated in 
        section 223, if any to review and comment on such 
        application and indicate the responses of such State 
        planning agency and local agency to such request;
          [(6) attach a copy of the responses of such State 
        planning agency and local agency to such request;
          [(7) provide that regular reports on such program 
        shall be sent to the Administrator and to such State 
        planning agency and local agency; and]
          [(8)] (5) provide for such fiscal control and fund 
        accounting procedures as may be necessary to ensure 
        prudent use, proper disbursement, and accurate 
        accounting of funds received under this title.
    [(c) In determining whether or not to approve applications 
for grants and for contracts under [this part] section 243, the 
Administrator shall consider--
          [(1) the relative cost and effectiveness of the 
        proposed program in carrying out [this part] section 
        243;
          [(2) the extent to which such program will 
        incorporate new or innovative techniques;
          [(3) if a State plan has been approved by the 
        Administrator under section 223(c), the extent to which 
        such program meets the objectives and priorities of the 
        State plan, taking into consideration the location and 
        scope of such program;
          [(4) the increase in capacity of the public and 
        private agency, institution, or individual involved to 
        provide services to address juvenile delinquency and 
        juvenile delinquency prevention;
          [(5) the extent to which such program serves 
        communities which have high rates of juvenile 
        unemployment, school dropout, and delinquency; and
          [(6) the adverse impact that may result from the 
        restriction of eligibility, based upon population, for 
        cities with a population greater than 40,000 located 
        within States which have no city with a population over 
        250,000.]
    (c) Factors for Consideration.--In determining whether or 
not to approve applications for grants and for contracts under 
this part, the Administrator shall consider--
          (1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control 
        groups, psychometrically sound measurement, and 
        appropriate data analysis techniques;
          (2) the experience of the principal and co-principal 
        investigators in the area of youth violence and 
        juvenile delinquency;
          (3) the protection offered human subjects in the 
        study, including informed consent procedures; and
          (4) the cost-effectiveness of the proposed project.
    (d)(1)(A) Programs selected for assistance through grants 
or contracts under [this part] section 243 [(other than section 
241(f))] shall be selected through a competitive process to be 
established by rule by the Administrator. As part of such a 
process, the Administrator shall announce in the Federal 
Register--
          (i) the availability of funds for such assistance;
          (ii) the general criteria applicable to the selection 
        of applicants to receive such assistance; and
          (iii) a description of the procedures applicable to 
        submitting and reviewing applications for such 
        assistance.
    (B) The competitive [process described in subparagraph (A) 
shall not be required if the Administrator makes a written 
determination waiving the competitive process--
          (i) with respect to programs] process with respect to 
        programs to be carried out in areas with respect to 
        which the President declares under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) that a major disaster or 
        emergency exists[; or].
         [(ii) with respect to a particular program described 
        in part C that is uniquely qualified.]
    (2)[(A) Programs selected for assistance through grants or 
contracts under [this part] section 243 (other than section 
241(f)) shall be reviewed before selection, and thereafter as 
appropriate, through a formal peer review process utilizing 
experts (other than officers and employees of the Department of 
Justice) in fields related to the subject matter of the 
proposed program]. (A) Programs selected for assistance through 
grants and contracts under this part shall be selected after a 
competitive process that provides potential grantees and 
contractors with not less than 90 days to submit applications 
for funds. Applications for funds shall be reviewed through a 
formal peer review process by qualified scientists with 
expertise in the fields of criminology, juvenile delinquency, 
sociology, psychology, research methodology, evaluation 
research, statistics, and related areas. The peer review 
process shall conform to the process used by the National 
Institutes of Health, the National Institute of Justice, or the 
National Science Foundation
    (B) Such process shall be established by the Administrator 
in consultation with the Directors and other appropriate 
officials of the National Science Foundation and the National 
Institute of Mental Health. Before implementation of such 
process, the Administrator shall submit such process to such 
Directors, each of whom shall prepare and furnish to the 
chairman of the [Committee on Education and Labor] Committee on 
the Judiciary of the House of Representatives and the chairman 
of the Committee on the Judiciary of the Senate a final report 
containing their comments on such process as proposed to be 
established.
    (3) The Administrator, in establishing the process required 
under paragaphs (1) and (2), shall provide for emergency 
expedited consideration of the proposed programs if necessary 
to avoid any delay which would preclude carrying out such 
programs.
    (e) A city shall not be denied assistance under [this part] 
section 243 solely on the basis of its population.
    (f) Notification of grants and contracts made under [this 
part] section 243 (and the applications submitted for such 
grants and contracts) shall, upon being made, be transmitted by 
the Administrator, to the chairman of the Committee on 
Education and Labor of the House of Representatives and the 
chairman of the Committee on the Judiciary of the Senate.
          * * * * * * *

    Part D--Gang-Free Schools and Communities; Community-Based Gang 
                              Intervention

          * * * * * * *

             Subpart II--Community-Based Gang Intervention

                                 grants

    Sec. 282. (a) The Administrator shall make grants to or 
enter into contracts with public and private nonprofit 
agencies, organizations, and institutions to carry out programs 
and activities--
          (1) to reduce the participation of juveniles in the 
        illegal activities of gangs;
          (2) to develop regional task forces involving State, 
        local, and community-based organizations to coordinate 
        [enforcement, intervention, and treatment efforts for 
        juvenile gang members] the disruption and prosecution 
        of gangs and to curtail interstate activities of gangs; 
        and
          * * * * * * *
    (b) Programs and activities for which grants and contracts 
are to be made under subsection (a) may include--
         (1) the hiring of additional State and local 
        prosecutors, and the establishment and operation of 
        programs, including multijurisdictional task forces, 
        for the disruption and prosecution of gangs and gang 
        members;
          [(1)] (2) developing within the juvenile adjudicatory 
        and correctional systems new and innovative means to 
        address the problems of juveniles convicted of serious 
        drug-related and gang-related offenses;
          [(2)] (3) providing treatment to juveniles who are 
        members of such gangs, including members who are 
        accused of committing a serious crime and members who 
        have been adjudicated as being delinquent;
          [(3)] (4) promoting the involvement of juveniles in 
        lawful activities in geographical areas in which gangs 
        commit crimes;
          [(4)] (5) expanding the availability of prevention 
        and treatment services relating to the illegal use of 
        controlled substances and controlled substances 
        analogues (as defined in paragraphs (6) and (32) of 
        section 102 of the Controlled Substances Act (21 U.S.C. 
        802) by juveniles, provided through State and local 
        health and social services agencies;
          [(5)] (6) providing services to prevent juveniles 
        from coming into contact with the juvenile justice 
        system again as a result of gang-related activity; or
          [(6)] (7) supporting activities to inform juveniles 
        of the availability of treatment and services for which 
        financial assistance is available under this subpart.

                        approval of applications

    Sec. 282A. (a) Any agency, organization, or institution 
desiring to receive a grant, or to enter into a contract, under 
this subpart shall submit an application at such time, in such 
manner, and containing such information as the Administrator 
may prescribe.
          * * * * * * *
    (d) Priority.--In approving grants under this part, the 
Administrator shall give priority to grants for programs 
conducted pursuant to subsections (a)(2) and (b)(1) of section 
282.
          * * * * * * *

                  [Part E--State Challenge Activities

                       [ESTABLISHMENT OF PROGRAM

    [Sec. 285. (a) In General.--The Administrator may make a 
grant to a State that receives an allocation under section 222, 
in the amount of 10 percent of the amount of the allocation, 
for each challenge activity in which the State participates for 
the purpose of funding the activity.
    [(b) Definitions.--For purposes of this part--
          [(1) the term ``case review system'' means a 
        procedure for ensuring that--
                  [(A) each youth has a case plan, based on the 
                use of objective criteria for determining a 
                youth's danger to the community or himself or 
                herself, that is designed to achieve 
                appropriate placement in the least restrictive 
                and most family-like setting available in close 
                proximity to the parents' home, consistent with 
                the best interests and special needs of the 
                youth;
                  [(B) the status of each youth is reviewed 
                periodically but not less frequently than once 
                every 3 months, by a court or by administrative 
                review, in order to determine the continuing 
                necessity for and appropriateness of the 
                placement;
                  [(C) with respect to each youth, procedural 
                safeguards will be applied to ensure that a 
                dispositional hearing is held to consider the 
                future status of each youth under State 
                supervision, in a juvenile or family court or 
                another court (including a tribal court) of 
                competent jurisdiction, or by an administrative 
                body appointed or approved by the court, not 
                later than 12 months after the original 
                placement of the youth and periodically 
                thereafter during the continuation of out-of-
                home placement; and
                  [(D) a youth's health, mental health, and 
                education record is reviewed and updated 
                periodically; and
          [(2) the term ``challenge activity'' means a program 
        maintained for 1 of the following purposes:
                  [(A) Developing and adopting policies and 
                programs to provide basic health, mental 
                health, and appropriate education services, 
                including special education, for youth in the 
                juvenile justice system as specified in 
                standards developed by the National Advisory 
                Committee for Juvenile Justice and Delinquency 
                Prevention prior to October 12, 1984.
                  [(B) Developing and adopting policies and 
                programs to provide access to counsel for all 
                juveniles in the justice system to ensure that 
                juveniles consult with counsel before waiving 
                the right to counsel.
                  [(C) Increasing community-based alternatives 
                to incarceration by establishing programs (such 
                as expanded use of probation, mediation, 
                restitution, community service, treatment, home 
                detention, intensive supervision, and 
                electronic monitoring) and developing and 
                adopting a set of objective criteria for the 
                appropriate placement of juveniles in detention 
                and secure confinement.
                  [(D) Developing and adopting policies and 
                programs to provide secure settings for the 
                placement of violent juvenile offenders by 
                closing down traditional training schools and 
                replacing them with secure settings with 
                capacities of no more than 50 violent juvenile 
                offenders with ratios of staff to youth great 
                enough to ensure adequate supervision and 
                treatment.
                  [(E) Developing and adopting policies to 
                prohibit gender bias in placement and treatment 
                and establishing programs to ensure that female 
                youth have access to the full range of health 
                and mental health services, treatment for 
                physical or sexual assault and abuse, self 
                defense instruction, education in parenting, 
                education in general, and other training and 
                vocational services.
                  [(F) Establishing and operating, either 
                directly or by contract or arrangement with a 
                public agency or other appropriate private 
                nonprofit organization (other than an agency or 
                organization that is responsible for licensing 
                or certifying out-of-home care services for 
                youth), a State ombudsman office for children, 
                youth, and families to investigate and resolve 
                complaints relating to action, inaction, or 
                decisions of providers of out-of-home care to 
                children and youth (including secure detention 
                and correctional facilities, residential care 
                facilities, public agencies, and social service 
                agencies) that may adversely affect the health, 
                safety, welfare, or rights of resident children 
                and youth.
                  [(G) Developing and adopting policies and 
                programs designed to remove, where appropriate, 
                status offenders from the jurisdiction of the 
                juvenile court to prevent the placement in 
                secure detention facilities or secure 
                correctional facilities of juveniles who are 
                nonoffenders or who are charged with or who 
                have committed offenses that would not be 
                criminal if committed by an adult.
                  [(H) Developing and adopting policies and 
                programs designed to serve as alternatives to 
                suspension and expulsion from school.
                  [(I) Increasing aftercare services for 
                juveniles involved in the justice system by 
                establishing programs and developing and 
                adopting policies to provide comprehensive 
                health, mental health, education, and 
                vocational services and services that preserve 
                and strengthen the families of such juveniles.
                  [(J) Developing and adopting policies to 
                establish--
                          [(i) a State administrative structure 
                        to coordinate program and fiscal 
                        policies for children who have 
                        emotional and behavioral problems and 
                        their families among the major child 
                        serving systems, including schools, 
                        social services, health services, 
                        mental health services, and the 
                        juvenile justice system; and
                          [(ii) a statewide case review 
                        system.]

  [Part F--Treatment for Juvenile Offenders Who Are Victims of Child 
                            Abuse or Neglect

                              [DEFINITION

    [Sec. 287. For the purposes of this part, the term 
``juvenile'' means a person who is less than 18 years of age.

                       [AUTHORITY TO MAKE GRANTS

    [Sec. 287A. The Administrator, in consultation with the 
Secretary of Health and Human Services, shall make grants to 
public and nonprofit private organizations to develop, 
establish, and support projects that--
          [(1) provide treatment to juvenile offenders who are 
        victims of child abuse or neglect and to their families 
        so as to reduce the likelihood that the juvenile 
        offenders will commit subsequent violations of law;
          [(2) based on the best interests of juvenile 
        offenders who receive treatment for child abuse or 
        neglect, provide transitional services (including 
        individual, group, and family counseling) to juvenile 
        offenders--
                  [(A) to strengthen the relationships of 
                juvenile offenders with their families and 
                encourage the resolution of intrafamily 
                problems related to the abuse or neglect;
                  [(B) to facilitate their alternative 
                placement; and
                  [(C) to prepare juveniles aged 16 years and 
                older to live independently; and
          [(3) carry out research (including surveys of 
        existing transitional services, identification of 
        exemplary treatment modalities, and evaluation of 
        treatment and transitional services) provided with 
        grants made under this section.

                      [ADMINISTRATIVE REQUIREMENTS

    [Sec. 287B. The Administrator shall administer this part 
subject to the requirements of sections 262, 299B, and 299E.

                               [PRIORITY

    [Sec. 287C. In making grants under section 287A, the 
Administrator--
          [(1) shall give priority to applicants that have 
        experience in treating juveniles who are victims of 
        child abuse or neglect; and
          [(2) may not disapprove an application solely because 
        the applicant proposes to provide treatment or 
        transitional services to juveniles who are adjudicated 
        to be delinquent for having committed offenses that are 
        not serious crimes.]

                          Part [G]E--Mentoring

                                PURPOSES

    Sec. 288. The purposes of this part are--
          (1) to reduce juvenile delinquency and gang 
        participation;
          (2) to improve academic performance; and
          (3) to reduce the dropout rate,
through the use of mentors for at-risk youth.
          * * * * * * *

                         Part [H]F--Boot Camps

                        ESTABLISHMENT OF PROGRAM

    Sec. 289. (a) In General.--The Administrator may make 
grants to the appropriate agencies of 1 or more States for the 
purpose of establishing up to 10 military-style boot camps for 
juvenile delinquents (referred to as ``boot camps'').
          * * * * * * *

  PART G--GRANTS TO PROSECUTORS AND COURTS FOR STATE JUVENILE JUSTICE 
                                SYSTEMS

SEC. 290. GRANT AUTHORITY.

    (a) In General.--The Administrator may make grants in 
accordance with this part to States and units of local 
government to assist--
          (1) State and local prosecutors having jurisdiction 
        over juvenile offender cases; and
          (2) State and local courts with juvenile offender 
        dockets.
    (b) Grant Purposes.--Subject to subsection (c), grants 
under this part may be used--
          (1) to hire additional prosecutors, together with 
        necessary support staff, for the prosecution of crimes 
        and acts of delinquency committed by juveniles and 
        interstate criminal gang activity, such as illegal drug 
        trafficking;
          (2) to provide funding to enable juvenile prosecutors 
        to address drug, gang, and youth violence programs more 
        effectively;
          (3) for technology, equipment, and training for 
        prosecutors to--
                  (A) implement an accountability-based 
                juvenile justice system that provides 
                substantial and appropriate sanctions that are 
                graduated in such manner as to reflect (for 
                each delinquent act or criminal offense) the 
                severity or repeated nature of that act or 
                offense; and
                  (B) prosecute juvenile violent offenders;
          (4) to hire, for juvenile courts or adult courts with 
        juvenile offender dockets, additional judges, probation 
        officers, other necessary court personnel, victims 
        counselors, and public defenders; and
          (5) to provide funding to enable juvenile courts and 
        juvenile probation officers to address drug, gang, and 
        youth violence problems more effectively.
    (c) Restriction.--Of amounts received by a State or unit of 
local government under this part, not more than 25 percent may 
be used for the purposes specified in paragraphs (4) and (5) of 
subsection (b).

SEC. 290A. APPLICATION.

    (a) In General.--Each State or unit of local government 
that applies for a grant under this part shall submit an 
application to the Administrator, in such form and containing 
such information as the Administrator may by regulation 
reasonably require.
    (b) Requirements.--In submitting an application for a grant 
under this part, a State or unit of local government shall 
provide assurances that the State or unit of local government 
will--
          (1) give priority to the prosecution of violent 
        juvenile offenders;
          (2) seek and impose substantial and appropriate 
        sanctions for the earliest acts of delinquency or for 
        crimes committed by juveniles, in order to deter future 
        violations;
          (3) give adequate consideration to the rights and 
        needs of victims of juvenile offenders; and
          (4) use amounts received under this part to 
        supplement (and not supplant) State and local 
        resources.

SEC. 290B. ALLOCATION OF GRANTS.

    (a) Allocation of Grants.--
          (1) In general.--
                  (A) Allocation to states.--
                          (i) In general.--In awarding grants 
                        under this part, the Administrator may 
                        award grants provided for a State 
                        (including units of local government in 
                        that State) an aggregate amount equal 
                        to 0.75 percent of the amount made 
                        available to the Administrator by 
                        appropriations made pursuant to section 
                        206(b)(2) (reduced by amounts reserved 
                        under subsection (b)).
                          (ii) Adjustment.--If the 
                        Administrator determines that an 
                        insufficient number of applications 
                        have been submitted for a State, the 
                        Administrator may adjust the aggregate 
                        amount awarded for a State under clause 
                        (i).
                  (B) Remaining amounts.--Of the adjusted 
                amounts available to the Administrator to carry 
                out the grant program under this section 
                referred to in subparagraph (A) that remain 
                after the Administrator distributes the amounts 
                specified in that subparagraph (referred to in 
                this subparagraph as the ``remaining amount'') 
                the Administrator may award an additional 
                aggregate amount to each State (including any 
                political subdivision thereof) that (or with 
                respect to which a political subdivision 
                thereof) submits an application that is 
                approved by the Administrator under this 
                section that bears the same ratio to the 
                remaining amount as the population of juveniles 
                residing in that State bears to the population 
                of juveniles residing in all States.
          (2) Equitable distribution.--The Administrator shall 
        ensure that the distribution of grant amounts made 
        available for a State (including units of local 
        government in that State) under this section is made on 
        an equitable geographic basis, to ensure that--
                  (A) an equitable amount of available funds 
                are directed to rural areas, including those 
                jurisdictions serving smaller urban and rural 
                communities located along interstate 
                transportation routes that are adversely 
                affected by interstate criminal gang activity, 
                such as illegal drug trafficking; and
                  (B) the amount allocated to a State is 
                equitably divided between the State, counties, 
                and other units of local government to reflect 
                the relative responsibilities of each such unit 
                of local government.
    (b) Administration; Technical Assistance.--
          (1) In general.--The Administrator may reserve for 
        each fiscal year not more than 2 percent of amounts 
        appropriated pursuant to section 206(b)(2)(B)--
                  (A) for the administration of this part; and
                  (B) for the provision of technical assistance 
                to recipients of or applicants for grant awards 
                under this part.
          (2) Carryover provision.--Any amounts reserved for 
        any fiscal year pursuant to paragraph (1) that are not 
        expended during that fiscal year shall remain available 
        until expended, except that any amount reserved under 
        this subsection for the succeeding fiscal year from 
        amounts made available by appropriations shall be 
        reduced by an amount equal to the amount that remains 
        available.
    (c) Availability of Funds.--Any grant amounts awarded under 
this part shall remain available until expended.
          * * * * * * *

          [Part I--White House Conference on Juvenile Justice

                        [[lacks section heading]

    [Sec. 291. (a) In General.--The President may call and 
conduct a National White House Conference on Juvenile Justice 
(referred to as the ``Conference'') in accordance with this 
part.
    [(b) Purposes of Conference.--The purposes of the 
Conference shall be--
          [(1) to increase public awareness of the problems of 
        juvenile offenders and the juvenile justice system;
          [(2) to examine the status of minors currently in the 
        juvenile and adult justice systems;
          [(3) to examine the increasing number of violent 
        crimes committed by juveniles;
          [(4) to examine the growing phenomena of youth gangs, 
        including the number of young women who are involved;
          [(5) to assemble persons involved in policies and 
        programs related to juvenile delinquency prevention and 
        juvenile justice enforcement;
          [(6) to examine the need for improving services for 
        girls in the juvenile justice system;
          [(7) to create a forum in which persons and 
        organizations from diverse regions may share 
        information regarding successes and failures of policy 
        in their juvenile justice and juvenile delinquency 
        prevention programs; and
          [(8) to develop such specific and comprehensive 
        recommendations for executive and legislative action as 
        may be appropriate to address the problems of juvenile 
        delinquency and juvenile justice.
    [(c) Schedule of Conferences.--The Conference under this 
part shall be concluded not later than 18 months after the date 
of enactment of this part.
    [(d) Prior State and Regional Conferences.--
          [(1) In general.--Participants in the Conference and 
        other interested persons and organizations may conduct 
        conferences and other activities at the State and 
        regional levels prior to the date of the Conference, 
        subject to the approval of the executive director of 
        the Conference.
          [(2) Purpose of state and regional conferences.--
        State and regional conferences and activities shall be 
        directed toward the consideration of the purposes of 
        this part. State conferences shall elect delegates to 
        the National Conferences.
          [(3) Admittance.--No person involved in administering 
        State juvenile justice programs or in providing 
        services to or advocacy of juvenile offenders may be 
        denied admission to a State or regional conference.

                        [conference participants

    [Sec. 291A. (a) In General.--The Conference shall bring 
together persons concerned with issues and programs, both 
public and private, relating to juvenile justice, and juvenile 
delinquency prevention.
    [(b) Selection.--
          [(1) State conferences.--Delegates, including 
        alternates, to the National Conference shall be elected 
        by participants at the State conferences.
          [(2) Delegates.--(A) In addition to delegates elected 
        pursuant to paragraph (1)--
                  [(i) each Governor may appoint 1 delegate and 
                1 alternate;
                  [(ii) the majority leader of the Senate, in 
                consultation with the minority leader, may 
                appoint 10 delegates and 3 alternates;
                  [(iii) the Speaker of the House of 
                Representatives, in consultation with the 
                minority leader, may appoint 10 delegates and 3 
                alternates;
                  [(iv) the President may appoint 20 delegates 
                and 5 alternates;
                  [(v) the chief law enforcement official and 
                the chief juvenile corrections official of each 
                State may appoint 1 delegate and 1 alternate 
                each; and
                  [(vi) the Chairperson of the Juvenile Justice 
                and Delinquency Prevention Advisory Committee 
                of each State, or his or her designate, may 
                appoint 1 delegate.
          [(B) Only persons involved in administering State 
        juvenile justice programs or in providing services to 
        or advocacy of juvenile offenders shall be eligible for 
        appointment as a delegate.
    [(c) Participant Expenses.--Each participant in the 
Conference shall be responsible for his or her expenses related 
to attending the Conference and shall not be reimbursed from 
funds appropriated pursuant to this Act.
    [(d) No Fees.--No fee may be imposed on a person who 
attends a Conference except a registration fee of not to exceed 
$10.

                      [staff and executive branch

    [Sec. 291B. (a) In General.--The President may appoint and 
compensate an executive director of the National White House 
Conference on Juvenile Justice and such other directors and 
personnel for the Conference as the President may deem to be 
advisable, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. The staff of the 
Conference may not exceed 20, including the executive director.
    [(b) Detailees.--Upon request by the executive director, 
the heads of the executive and military departments may detail 
employees to work with the executive director in planning and 
administering the Conference without regard to section 3341 of 
title 5, United States Code.

               [planning and administration of conference

    [Sec. 291C. (a) Federal Agency Support.--All Federal 
departments, agencies, and instrumentalities shall provide such 
support and assistance as may be necessary to facilitate the 
planning and administration of the Conference.
    [(b) Duties of the Executive Director.--In carrying out 
this part, the executive director of the White House Conference 
on Juvenile Justice--
          [(1) shall provide such assistance as may be 
        necessary for the organization and conduct of 
        conferences at the State and regional levels authorized 
        by section 291(d);
          [(2) may enter into contracts and agreements with 
        public and private agencies and organizations and 
        academic institutions to assist in carrying out this 
        part; and
          [(3) shall prepare and provide background materials 
        for use by participants in the Conference and by 
        participants in State and regional conferences.

                                [reports

    [Sec. 291D. (a) In General.--Not later than 6 months after 
the date on which a National Conference is convened, a final 
report of the Conference shall be submitted to the President 
and the Congress.
    [(b) Contents.--A report described in subsection (a)--
          [(1) shall include the findings and recommendations 
        of the Conference and proposals for any legislative 
        action necessary to implement the recommendations of 
        the Conference; and
          [(2) shall be made available to the public.

                               [oversight

    [Sec. 291E. The Administrator shall report to the Congress 
annually during the 3-year period following the submission of 
the final report of a Conference on the status and 
implementation of the findings and recommendations of the 
Conference.

             [Part I--General and Administrative Provisions

                    [authorization of appropriations

    [Sec. 299. (a)(1) To carry out the purposes of this title 
(other than parts D, E, F, G, H, and I) there are authorized to 
be appropriated $150,000,000 for fiscal years 1993, 1994, 1995, 
and 1996. Funds appropriated for any fiscal year shall remain 
available for obligation until expended.
    [(2)(A) Subject to subparagraph (B), to carry out part D, 
there are authorized to be appropriated--
          [(i) to carry out subpart 1, $25,000,000 for fiscal 
        year 1993 and such sums as are necessary for fiscal 
        years 1994, 1995, and 1996; and
          [(ii) to carry out subpart 2, $25,000,000 for fiscal 
        year 1993 and such sums as are necessary for fiscal 
        years 1994, 1995, and 1996.
    [(B) No funds may be appropriated to carry out part D, E, 
F, G, or I of this title or title V or VI for a fiscal year 
unless the aggregate amount appropriated to carry out this 
title (other than part D, E, F, G, or I of this title or title 
V or VI) for the fiscal year is not less than the aggregate 
amount appropriated to carry out this title (other than part D, 
E, F, G, or I of this title or title V or VI) for the preceding 
fiscal year.
    [(3) To carry out part E, there are authorized to be 
appropriated $50,000,000 for fiscal year 1993 and such sums as 
are necessary for each of the fiscal years 1994, 1995, and 
1996.
    [(4)(A) Subject to subparagraph (B), there are authorized 
to be appropriated to carry out part F--
          [(i) $15,000,000 for fiscal year 1993; and
          [(ii) such sums as are necessary for fiscal years 
        1994, 1995, and 1996.
    [(B) No amount is authorized to be appropriated for a 
fiscal year to carry out part F unless the aggregate amount 
appropriated to carry out this title for that fiscal year is 
not less than the aggregate amount appropriated to carry out 
this title for the preceding fiscal year.
    [(C) From the amount appropriated to carry out part F in a 
fiscal year, the Administrator shall use--
          [(i) not less than 85 percent to make grants for 
        treatment and transitional services;
          [(ii) not to exceed 10 percent for grants for 
        research; and
          [(iii) not to exceed 5 percent for salaries and 
        expenses of the Office of Juvenile Justice and 
        Delinquency Prevention related to administering part F.
    [(5)(A) Subject to subparagraph (B), there are authorized 
to be appropriated to carry out part G such sums as are 
necessary for fiscal years 1993, 1994, 1995, and 1996.
    [(6)(A) There are authorized to be appropriated to carry 
out part H such sums as are necessary for fiscal year 1993, to 
remain available until expended, of which--
          [(i) not more than $12,500,000 shall be used to 
        convert any 1 closed military base or to modify any 1 
        existing military base or other designated facility to 
        a boot camp; and
          [(ii) not more than $2,500,000 shall be used to 
        operate any 1 boot camp during a fiscal year.
    [(B) No amount is authorized to be appropriated for a 
fiscal year to carry out part H unless the aggregate amount 
appropriated to carry out parts A, B, and C of this title for 
that fiscal year is not less than 120 percent of the aggregate 
amount appropriated to carry out those parts for fiscal year 
1992.
    [(7)(A) There are authorized to be appropriated such sums 
as are necessary for each National Conference and associated 
State and regional conferences under part I, to remain 
available until expended.
    [(B) New spending authority or authority to enter into 
contracts under part I shall be effective only to such extent 
and in such amounts as are provided in advance in appropriation 
Acts.
    [(C) No funds appropriated to carry out this Act shall be 
made available to carry out part I other than funds 
appropriated specifically for the purpose of conducting the 
Conference.
    [(D) Any funds remaining unexpended at the termination of 
the Conference under part I, including submission of the report 
pursuant to section 291D, shall be returned to the Treasury of 
the United States and credited as miscellaneous receipts.
    [(b) Of such sums as are appropriated to carry out the 
purposes of this title (other than part D)--
          [(1) not to exceed 5 percent shall be available to 
        carry out part A;
          [(2) not less than 70 percent shall be available to 
        carry out part B; and
          [(3) 25 percent shall be available to carry out part 
        C.
    [(c) Notwithstanding any other provision of law, the 
Administrator shall--
          [(1) establish appropriate administrative and 
        supervisory board membership requirements for a State 
        agency responsible for supervising the preparation and 
        administration of the State plan submitted under 
        section 223 and permit the State advisory group 
        appointed under section 223(a)(3) to operate as the 
        supervisory board for such agency, at the discretion of 
        the Governor; and
          [(2) approve any appropriate State agency designated 
        by the Governor of the State involved in accordance 
        with paragraph (1).
    [(d) No funds appropriated to carry out the purposes of 
this title may be used for any bio-medical or behavior control 
experimentation on individuals or any research involving such 
experimentation. For the purpose of this subsection, the term 
``behavior control'' refers to experimentation or research 
employing methods which involve a substantial risk of physical 
or psychological harm to the individual subject and which are 
intended to modify or alter criminal and other anti-social 
behavior, including aversive conditioning therapy, drug therapy 
or chemotherapy (except as part of routine clinical care), 
physical therapy of mental disorders, electroconvulsive 
therapy, or physical punishment. The term does not apply to a 
limited class of programs generally recognized as involving no 
such risk, including methadone maintenance and certain alcohol 
treatment programs, psychological counseling, parent training, 
behavior contracting, survival skills training, restitution, or 
community service, if safeguards are established for the 
informed consent of subjects (including parents or guardians of 
minors).
  [(e) Of such sums as are appropriated to carry out section 
261(a)(6), not less than 20 percent shall be reserved by the 
Administrator for each of fiscal years 1993, 1994, 1995, and 
1996, for not less than 2 programs that have not received funds 
under subpart II of part C prior to October 1, 1992, which 
shall be selected through the application and approval process 
set forth in section 262.

                       [administrative authority

  [Sec. 299A. (a) The Office shall be administered by the 
Administrator under the general authority of the Attorney 
General.
  [(b) Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), 
and 812(d) of the Omnibus Crime Control and Safe Streets Act of 
1968, as so designated by the operation of the amendments made 
by the Justice Assistance Act of 1984, shall apply with respect 
to the administration of and compliance with this Act, except 
that for purposes of this Act--
          [(1) any reference to the Office of Justice Programs 
        in such sections shall be deemed to be a reference to 
        the Assistant Attorney General who heads the Office of 
        Justice Programs; and
          [(2) the term ``this title'' as it appears in such 
        sections shall be deemed to be a reference to this Act.
  [(c) Sections 801(a), 801(c), and 806 of the Omnibus Crime 
Control and Safe Streets Act of 1968, as so designated by the 
operation of the amendments made by the Justice Assistance Act 
of 1984, shall apply with respect to the administration of and 
compliance with this Act, except that for purposes of this 
Act--
          [(1) any reference to the Attorney General, the 
        Assistant Attorney General who heads the Office of 
        Justice Programs, the Director of the National 
        Institute of Justice, the Director of the Bureau of 
        Justice Statistics, or the Director of the Bureau of 
        Justice Assistance shall be deemed to be a reference to 
        the Administrator;
          [(2) any reference to the Office of Justice Programs, 
        the Bureau of Justice Assistance, the National 
        Institute of Justice, or the Bureau of Justice 
        Statistics shall be deemed to be a reference to the 
        Office of Juvenile Justice and Delinquency Prevention; 
        and
          [(3) the term ``this title'' as it appears in such 
        sections shall be deemed to be a reference to this Act.
    [(d) The Administrator is authorized, after appropriate 
consultation with representatives of States and units of local 
government, to establish such rules, regulations, and 
procedures as are necessary for the exercise of the functions 
of the Office and as are consistent with the purpose of this 
Act.

                              [withholding

    [Sec. 299B. Whenever the Administrator, after giving 
reasonable notice and opportunity for hearing to a recipient of 
financial assistance under this title, finds that--
          [(1) the program or activity for which the grant or 
        contract involved was made has been so changed that it 
        no longer complies with this title; or
          [(2) in the operation of such program or activity 
        there is failure to comply substantially with any 
        provision of this title;
the Administrator shall initiate such proceedings as are 
appropriate.

                             [use of funds

    [Sec. 299C. (a) Funds paid pursuant to this title to any 
public or private agency, organization, or institution, or to 
any individual (either directly or through a State planning 
agency) may be used for--
          [(1) planning, developing, or operating the program 
        designed to carry out this title; and
          [(2) not more than 50 per centum of the cost of the 
        construction of any innovative community-based facility 
        for fewer than 20 persons which, in the judgment of the 
        Administrator, is necessary to carry out this title.
    [(b) Except as provided in subsection (a), no funds paid to 
any public or private agency, or institution or to any 
individual under this title (either directly or through a State 
agency or local agency) may be used for construction.
    [(c)(1) Funds paid pursuant to section 223(a)(10)(D) and 
section 261(a)(3) to any public or private agency, 
organization, or institution or to any individual shall not be 
used to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
other device intended or designed to influence a Member of 
Congress or any other Federal, State, or local elected official 
to favor or oppose any Acts, bills, resolutions, or similar 
legislation, or any referendum, initiative, constitutional 
amendment, or any similar procedure of the Congress, any State 
legislature, any local council, or any similar governing body, 
except that this paragraph shall not preclude such funds from 
being used in connection with communications to Federal, State, 
or local elected officials, upon the request of such officials 
through proper official channels, pertaining to authorization, 
appropriation, or oversight measures directly affecting the 
operation of the program involved.
    [(2) The Administrator shall take such action as may be 
necessary to ensure that no funds paid under section 
223(a)(10)(D) or section 261(a)(3) are used either directly or 
indirectly in any manner prohibited in this paragraph.

                               [payments

    [Sec. 299D. (a) Payments under this title, pursuant to a 
grant or contract, may be made (after necessary adjustment, in 
the case of grants, on account of previously made overpayments 
or underpayments) in advance or by way of reimbursement, in 
such installments and on such conditions as the Administrator 
may determine.
    [(b) Except as provided in the second sentence of section 
222(c), financial assistance extended under this title shall be 
100 per centum of the approved costs of the program or activity 
involved.
    [(c)(1) In the case of a grant under this title to an 
Indian tribe, if the Administrator determines that the tribe 
does not have sufficient funds available to meet the local 
share of the cost of any program or activity to be funded under 
the grant, the Administrator may increase the Federal share of 
the cost thereof to the extent the Administrator deems 
necessary.
    [(2) If a State does not have an adequate forum to enforce 
grant provisions imposing any liability on Indian tribes, the 
Administrator may waive State liability attributable to the 
liability of such tribes and may pursue such legal remedies as 
are necessary.
    [(d) If the Administrator determines, on the basis of 
information available to the Administrator during any fiscal 
year, that a portion of the funds granted to an applicant under 
part C for such fiscal year will not be required by the 
applicant or will become available by virtue of the application 
of the provisions of section 802 of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended from time to time, 
that portion shall be available for reallocation in an 
equitable manner to States which comply with the requirements 
in paragraphs (12)(A) and (13) of section 223(a), under section 
261(b)(6).

                  [confidentiality of program records

  [Sec. 299E. Except as authorized by law, program records 
containing the identity of individual juveniles gathered for 
purposes pursuant to this title may not be disclosed without 
the consent of the service recipient or legally authorized 
representative, or as may be necessary to carry out this title. 
Under no circumstances may program reports or findings 
available for public dissemination contain the actual names of 
individual service recipients.]

                 TITLE III--RUNAWAY AND HOMELESS YOUTH

          * * * * * * *

                       Part E--General Provisions

                    assistance to potential grantees

    Sec. 371. The Secretary shall provide informational 
assistance to potential grantees interested in establishing 
runaway and homeless youth centers and transitional living 
youth projects. Such assistance shall consist of information 
on--
          * * * * * * *

  lease of surplus federal facilities for use as runaway and homeless 
    youth centers or as transitional living youth shelter facilities

  Sec. 372. (a) The Secretary may enter into cooperative lease 
arrangements with States, localities, and nonprofit private 
agencies to provide for the use of appropriate surplus Federal 
facilities transferred by the General Services Administration 
to the Department of Health and Human Services for use as 
runaway and homeless youth centers or as transitional living 
youth shelter facilities if the Secretary determines that--
          (1) * * *
          * * * * * * *
          (3) the applicant has consulted with and obtained the 
        approval of the chief executive officer of the [unit of 
        general local government] unit of local government in 
        which the facility is located.
          * * * * * * *

                   Part F--Administrative Provisions

                                reports

    Sec. 381. (a) Not later than 180 days after the end of each 
fiscal year, the Secretary shall submit a report to the 
Committee on Education and Labor of the House of 
Representatives and the Committee on the Judiciary of the 
Senate on the status and accomplishments of the runaway and 
homeless youth centers which are funded under part A, with 
particular attention to--
          * * * * * * *

                    authorization of appropriations

    Sec. 385. (1) There are authorized to be appropriated to 
carry out this title (other than part B and section 344) 
$75,000,000 for fiscal year [1993 and such sums as may be 
necessary for fiscal years 1994, 1995, and 1996] 1998 and such 
sums as may be necessary for each of fiscal years 1999, 2000, 
2001, and 2002.
          * * * * * * *
    (3) After making the allocation required by paragraph (2), 
the Secretary shall reserve for the purpose of carrying out 
section 331--
          [(A) for fiscal year 1993 not less than $912,500, of 
        which $125,000 shall be available for the acquisition 
        of communications equipment;
          [(B) for fiscal year 1994 not less than $826,900;
          [(C) for fiscal year 1995 not less than $868,300; and
          [(C) for fiscal year 1996 not less than $911,700.]
          (A) for fiscal year 1998, not less than $957,285;
          (B) for fiscal year 1999, not less than $1,005,150;
          (C) for fiscal year 2000, not less than $1,055,406;
          (D) for fiscal year 2001, not less than $1,108,177; 
        and
          (E) for fiscal year 2002, not less than $1,163,585.
          * * * * * * *
    (b)(1) Subject to paragraph (2), there are authorized to be 
appropriated to carry out (B) $25,000,000 for fiscal year [1993 
and such sums as may be necessary for fiscal years 1994, 1995, 
and 1996 1998 and such sums as may be necessary for each of 
fiscal years 1999, 2000, 2001, and 2002.
          * * * * * * *
    (c) There is authorized to be appropriated to carry out 
section 344 $1,000,000 for each of fiscal years [1993, 1994, 
1995, and 1996] 1998, 1999, 2000, 2001, and 2002.
          * * * * * * *

                       TITLE IV--MISSING CHILDREN

                              short title

    Sec. 401. This title may be cited as the ``Missing 
Children's Assistance Act''.
          * * * * * * *

                              definitions

    Sec. 403. For the purpose of this title--
          (1) the term ``missing child'' means any individual 
        less than 18 years of age whose whereabouts are unknown 
        to such individual's legal custodian if--
          * * * * * * *
          [(2) the term ``Administrator'' means the 
        Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention.]
          (2) the term ``Administrator'' means the 
        Administrator of the Office of Juvenile Crime Control 
        and Accountability.

               duties and functions of the administrator

    Sec. 404. (a) The Administrator shall--
          * * * * * * *
    (b) [The Administrator, either by making grants to or 
entering into contracts with public agencies or nonprofit 
private agencies, shall--]The Administrator shall make grants 
to or enter into contracts with the National Center for Missing 
and Exploited Children, for purposes of--
          (1)(A) [establish and operate] providing a national 
        24-hour toll-free telephone line by which individuals 
        may report information regarding the location of any 
        missing child, or other child 13 years of age or 
        younger whose whereabouts are unknown to such child's 
        legal custodian, and request information pertaining to 
        procedures necessary to reunite such child with such 
        child's legal custodian; and
          (B) coordinating the operation of such telephone line 
        with the operation of the national communications 
        system established under section 313; and
          (2) [establish and operate] operating a national 
        resource center and clearinghouse designed--
                  (A) to provide to State and local 
                governments, foreign governments, public and 
                private nonprofit agencies, and individuals 
                information regarding--
          * * * * * * *
                  (D) to provide technical assistance and 
                training to law enforcement agencies, State and 
                local governments, foreign governments, 
                elements of the criminal justice system, public 
                and private nonprofit agencies, and individuals 
                in the prevention, investigation, prosecution, 
                and treatment of the missing and exploited 
                child case and in locating and recovering 
                missing children[; and].
          [(3) periodically]
    (c) National Incidence Studies.--The Administrator, either 
by making grants to or entering into contracts with public 
agencies or nonprofit private agencies, shall--
          (1) periodically conduct national incidence studies 
        to determine for a given year the actual number of 
        children reported missing each year, the number of 
        children who are victims of abduction by strangers, the 
        number of children who are the victims of parental 
        kidnapings, and the number of children who are 
        recovered each year; and
          [(4)] (2) provide to State and local governments, 
        public and private nonprofit agencies, and individuals 
        information to facilitate the lawful use of school 
        records and birth certificates to identify and locate 
        missing children.
    [(c)] (d) Nothing contained in this title shall be 
construed to grant to the Administrator any law enforcement 
responsibility or supervisory authority over any other Federal 
agency.

                                 grants

    Sec. 405. (a) The Administrator is authorized to make 
grants to and enter into contracts with the National Center for 
Missing and Exploited Children and with public agencies or 
nonprofit private organizations, or combinations thereof, for 
research, demonstration projects, or service programs 
designed--
          * * * * * * *

                    authorization of appropriations

    Sec. 408. (a) In General.--To carry out the provisions of 
this subchapter, there are authorized to be appropriated such 
sums as may be necessary for fiscal years 1997 through 2002.
          * * * * * * *

               IMMIGRATION REFORM AND CONTROL ACT OF 1986

                   (Public Law 99-603--Nov. 6, 1986)

          * * * * * * *

TITLE V--STATE ASSISTANCE FOR INCARCERATION COSTS OF ILLEGAL ALIENS AND 
                        CERTAIN CUBAN NATIONALS

SEC. 501. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING ILLEGAL 
                    ALIENS AND CERTAIN CUBAN NATIONALS.

    (a) Reimbursement of States.--Subject to the amounts 
provided in advance in appropriation Acts, the Attorney General 
shall reimburse a State for the costs incurred by the State for 
the imprisonment of any illegal alien or Cuban national who is 
convicted of a felony by such State or illegal juvenile alien 
who has been adjudicated delinquent and committed to a juvenile 
correctional facility by such State or locality.
    (b) Illegal Aliens Convicted of A Felony.--An illegal alien 
referred to in subsection (a) is any alien who is any alien 
convicted of a felony (including any juvenile alien who has 
been adjudicated delinquent and has been committed to a 
correctional facility) who is in the United States unlawfully 
and--
          * * * * * * *
    (f) Juvenile Alien Defined.--In this section, the term 
``juvenile alien'' means an alien (as that term is defined in 
section 101(a)(3) of the Immigration and Nationality Act) who 
has been adjudicated delinquent and committed to a correctional 
facility by a State or locality as a juvenile offender.

                       HATE CRIMES STATISTICS ACT

                  (Public Law 101-275--Apr. 23, 1990)

          * * * * * * *
    (b)(1) Under the authority of section 534 of title 28, 
United States Code, the Attorney General shall acquire data, 
for the calendar year 1990 and each of the succeeding 4 
calendar years, about crimes that manifest evidence of 
prejudice based on race, religion, sexual orientation, or 
ethnicity, including where appropriate the crimes of murder, 
non-negligent manslaughter; forcible rape; aggravated assault, 
simple assault, intimidation; arson; and destruction, damage or 
vandalism of property.
          * * * * * * *
    (5) The Attorney General shall publish and annual summary 
of the data acquired under this section.
    (6) In acquiring data under this section, the Attorney 
General shall, beginning for calendar year 1998, include data 
regarding the age of offenders who have committed crimes 
covered by this section.
          * * * * * * *

         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

                  (Public Law 103-322--Sept. 13, 1994)

          * * * * * * *

                   TITLE I--PUBLIC SAFETY AND POLICING

Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; ``Cops on the Beat''.
     * * * * * * *

                       TITLE III--CRIME PREVENTION

                [Subtitle A--Ounce of Prevention Council

[Sec. 30101. Ounce of Prevention Council.
[Sec. 30102. Ounce of prevention grant program.
[Sec. 30103. Definition.
[Sec. 30104. Authorization of appropriations.

         [Subtitle B--Local Crime Prevention Block Grant Program

[Sec. 30201. Payments to local governments.
[Sec. 30202. Authorization of appropriations.
[Sec. 30203. Qualification for payment.
[Sec. 30204. Allocation and distribution of funds.
[Sec. 30205. Utilization of private sector.
[Sec. 30206. Public participation.
[Sec. 30207. Administrative provisions.
[Sec. 30208. Definitions.

               [Subtitle C--Model Intensive Grant Programs

[Sec. 30301. Grant authorization.
[Sec. 30302. Uses of funds.
[Sec. 30303. Program requirements.
[Sec. 30304. Applications.
[Sec. 30305. Reports.
[Sec. 30306. Definitions.
[Sec. 30307. Authorization of appropriations.]

     Subtitle D--Family and Community Endeavor Schools Grant Program

Sec. 30401. Community schools youth services and supervision grant 
          program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.

        [Subtitle G--Assistance for Delinquent and At-Risk Youth

[Sec. 30701. Grant authority.
[Sec. 30702. Authorization of appropriations.

                     [Subtitle H--Police Recruitment

[Sec. 30801. Grant authority.
[Sec. 30802. Authorization of appropriations.

                   [Subtitle J--Local Partnership Act

[Sec. 31001. Establishment of payment program.
[Sec. 31002. Technical amendment.

          [Subtitle K--National Community Economic Partnership

[Sec. 31101. Short title.

       [Chapter 1--Community Economic Partnership Investment Funds

[Sec. 31111. Purpose.
[Sec. 31112. Provision of assistance.
[Sec. 31113. Approval of applications.
[Sec. 31114. Availability of lines of credit and use.
[Sec. 31115. Limitations on use of funds.
[Sec. 31116. Program priority for special emphasis programs.

         [Chapter 2--Emerging Community Development Corporations

[Sec. 31121. Community development corporation improvement grants.
[Sec. 31122. Emerging community development corporation revolving loan 
          funds.

                  [Chapter 3--Miscellaneous Provisions

[Sec. 31131. Definitions.
[Sec. 31132. Authorization of appropriations.
[Sec. 31133. Prohibition.

             [Subtitle O--Urban Recreation and At-Risk Youth

[Sec. 31501. Purpose of assistance.
[Sec. 31502. Definitions.
[Sec. 31503. Criteria for selection.
[Sec. 31504. Park and recreation action recovery programs.
[Sec. 31505. Miscellaneous and technical amendments.

       [Subtitle Q--Community-Based Justice Grants for Prosecutors

[Sec. 31701. Grant authorization.
[Sec. 31702. Use of funds.
[Sec. 31703. Applications.
[Sec. 31704. Allocation of funds; limitations on grants.
[Sec. 31705. Award of grants.
[Sec. 31706. Reports.
[Sec. 31707. Authorization of appropriations.
[Sec. 31708. Definitions.

             [Subtitle S--Family Unity Demonstration Project

[Sec. 31901. Short title.
[Sec. 31902. Purpose.
[Sec. 31903. Definitions.
[Sec. 31904. Authorization of appropriations.

                      [Chapter 1--Grants To States

[Sec. 31911. Authority to make grants.
[Sec. 31912. Eligibility to receive grants.
[Sec. 31913. Reports.

  [Chapter 2--Family Unity Demonstration Project for Federal Prisoners

[Sec. 31921. Authority of the Attorney General.
[Sec. 31922. Requirements.]
     * * * * * * *

           [Subtitle X--Gang Resistance Education and Training

[Sec. 32401. Gang Resistance education and training projects.]
     * * * * * * *

[TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
          COMMISSION ON CRIME PREVENTION AND CONTROL  REPEALED]

                      TITLE III--CRIME PREVENTION

                [Subtitle A--Ounce of Prevention Council

[SEC. 30101. OUNCE OF PREVENTION COUNCIL.

    [(a) Establishment.--
          [(1) In general.--There is established an Ounce of 
        Prevention Council (referred to in this title as the 
        ``Council''), the members of which--
                  [(A) shall include the Attorney General, the 
                Secretary of Education, the Secretary of Health 
                and Human Services, the Secretary of Housing 
                and Urban Development, the Secretary of Labor, 
                the Secretary of Agriculture, the Secretary of 
                the Treasury, the Secretary of the Interior, 
                and the Director of the Office of National Drug 
                Control Policy; and
                  [(B) may include other officials of the 
                executive branch as directed by the President.
          [(2) Chair.--The President shall designate the Chair 
        of the Council from among its members (referred to in 
        this title as the ``Chair'').
          [(3) Staff.--The Council may employ any necessary 
        staff to carry out its functions, and may delegate any 
        of its functions or powers to a member or members of 
        the Council.
    [(b) Program Coordination.--For any program authorized 
under the Violent Crime Control and Law Enforcement Act of 
1994, the Ounce of Prevention Council Chair, only at the 
request of the Council member with jurisdiction over that 
program, may coordinate that program, in whole or in part, 
through the Council.
    [(c) Administrative Responsibilities and Powers.--In 
addition to the program coordination provided in subsection 
(b), the Council shall be responsible for such functions as 
coordinated planning, development of a comprehensive crime 
prevention program catalogue, provision of assistance to 
communities and community-based organizations seeking 
information regarding crime prevention programs and integrated 
program service delivery, and development of strategies for 
program integration and grant simplification. The Council shall 
have the authority to audit the expenditure of funds received 
by grantees under programs administered by or coordinated 
through the Council. In consultation with the Council, the 
Chair may issue regulations and guidelines to carry out this 
subtitle and programs administered by or coordinated through 
the Council.

[SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.

    [(a) In General.--The Council may make grants for--
          [(1) summer and after-school (including weekend and 
        holiday) education and recreation programs;
          [(2) mentoring, tutoring, and other programs 
        involving participation by adult role models (such as 
        D.A.R.E. America);
          [(3) programs assisting and promoting employability 
        and job placement; and
          [(4) prevention and treatment programs to reduce 
        substance abuse, child abuse, and adolescent pregnancy, 
        including outreach programs for at-risk families.
    [(b) Applicants.--Applicants may be Indian tribal 
governments, cities, counties, or other municipalities, school 
boards, colleges and universities, private nonprofit entities, 
or consortia of eligible applicants. Applicants must show that 
a planning process has occurred that has involved 
organizations, institutions, and residents of target areas, 
including young people, and that there has been cooperation 
between neighborhood-based entities, municipality-wide bodies, 
and local private-sector representatives. Applicants must 
demonstrate the substantial involvement of neighborhood-based 
entities in the carrying out of the proposed activities. 
Proposals must demonstrate that a broad base of collaboration 
and coordination will occur in the implementation of the 
proposed activities, involving cooperation among youth-serving 
organizations, schools, health and social service providers, 
employers, law enforcement professionals, local government, and 
residents of target areas, including young people. Applications 
shall be geographically based in particular neighborhoods or 
sections of municipalities or particular segments of rural 
areas, and applications shall demonstrate how programs will 
serve substantial proportions of children and youth resident in 
the target area with activities designed to have substantial 
impact on their lives.
    [(c) Priority.--In making such grants, the Council shall 
give preference to coalitions consisting of a broad spectrum of 
community-based and social service organizations that have a 
coordinated team approach to reducing gang membership and the 
effects of substance abuse, and providing alternatives to at-
risk youth.
    [(d) Federal Share.--
          [(1) In general.--The Federal share of a grant made 
        under this part may not exceed 75 percent of the total 
        costs of the projects described in the applications 
        submitted under subsection (b) for the fiscal year for 
        which the projects receive assistance under this title.
          [(2) Waiver.--The Council may waive the 25 percent 
        matching requirement under paragraph (1) upon making a 
        determinationthat a waiver is equitable in view of the 
financial circumstances affecting the ability of the applicant to meet 
that requirement.
          [(3) Non-federal share.--The non-Federal share of 
        such costs may be in cash or in kind, fairly evaluated, 
        including plant, equipment, and services.
          [(4) Nonsupplanting requirement.--Funds made 
        available under this title to a governmental entity 
        shall not be used to supplant State or local funds, or 
        in the case of Indian tribal governments, funds 
        supplied by the Bureau of Indian Affairs, but shall be 
        used to increase the amount of funds that would, in the 
        absence of Federal funds received under this title, be 
        made available from State or local sources, or in the 
        case of Indian tribal governments, from funds supplied 
        by the Bureau of Indian Affairs.
          [(5) Evaluation.--The Council shall conduct a 
        thorough evaluation of the programs assisted under this 
        title.

SEC. 30103. DEFINITION.

    [In this subtitle, ``Indian tribe'' means a tribe, band, 
pueblo, nation, or other organized group or community of 
Indians, including an Alaska Native village (as defined in or 
established under the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.), that is recognized as eligible for the 
special programs and services provided by the United States to 
Indians because of their status as Indians.

SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
subtitle--
          [(1) $1,500,000 for fiscal year 1995;
          [(2) $14,700,000 for fiscal year 1996;
          [(3) $18,000,000 for fiscal year 1997;
          [(4) $18,000,000 for fiscal year 1998;
          [(5) $18,900,000 for fiscal year 1999; and
          [(6) $18,900,000 for fiscal year 2000.

         Subtitle B--Local Crime Prevention Block Grant Program

SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

    [(a) Payment and Use.--
          [(1) Payment.--The Attorney General, shall pay to 
        each unit of general local government which qualifies 
        for a payment under this subtitle an amount equal to 
        the sum of any amounts allocated to the government 
        under this subtitle for each payment period. The 
        Attorney General shall pay such amount from amounts 
        appropriated under section 30202.
          [(2) Use.--Amounts paid to a unit of general local 
        government under this section shall be used by that 
        unit for carrying out one or more of the following 
        purposes:
                  [(A) Education, training, research, 
                prevention, diversion, treatment, and 
                rehabilitation programs to prevent juvenile 
                violence, juvenile gangs, and the use and sale 
                of illegal drugs by juveniles.
                  [(B) Programs to prevent crimes against the 
                elderly based on the concepts of the Triad 
                model.
                  [(C) Programs that prevent young children 
                from becoming gang involved, including the 
                award of grants or contracts to community-based 
                service providers that have a proven track 
                record of providing services to children ages 5 
                to 18.
                  [(D) Saturation jobs programs, offered either 
                separately or in conjunction with the services 
                provided for under the Youth Fair Chance 
                Program, that provide employment opportunities 
                leading to permanent unsubsidized employment 
                for disadvantaged young adults 16 through 25 
                years of age.
                  [(E) Midnight sports league programs that 
                shall require each player in the league to 
                attend employment counseling, job training, and 
                other educational classes provided under the 
                program, which shall be held in conjunction 
                with league sports games at or near the site of 
                the games.
                  [(F) Supervised sports and recreation 
                programs, including Olympic Youth Development 
                Centers established in cooperation with the 
                United States Olympic Committee, that are 
                offered--
                          [(i) after school and on weekends and 
                        holidays, during the school year; and
                          [(ii) as daily (or weeklong) full-day 
                        programs (to the extent available 
                        resources permit) or as part-day 
                        programs, during the summer months.
                  [(G) Prevention and enforcement programs to 
                reduce--
                          [(i) the formation or continuation of 
                        juvenile gangs; and
                          [(ii) the use and sale of illegal 
                        drugs by juveniles.
                  [(H) Youth anticrime councils to give 
                intermediate and secondary school students a 
                structured forum through which to work with 
                community organizations, law enforcement 
                officials, government and media 
                representatives, and school administrators and 
                faculty to address issues regarding youth and 
                violence.
                  [(I) Award of grants or contracts to the Boys 
                and Girls Clubs of America, a national 
                nonprofit youth organization, to establish Boys 
                and Girls Clubs in public housing.
                  [(J) Supervised visitation centers for 
                children who have been removed from their 
                parents and placed outside the home as a result 
                of abuse or neglect or other risk of harm to 
                them and for children whose parents are 
                separated or divorced and the children are at 
                risk because--
                          [(i) there is documented sexual, 
                        physical, or emotional abuse as 
                        determined by a court of competent 
                        jurisdiction;
                          [(ii) there is suspected or elevated 
                        risk of sexual, physical, or emotional 
                        abuse, or there have been threats of 
                        parental abduction of the child;
                          [(iii) due to domestic violence, 
                        there is an ongoing risk of harm to a 
                        parent or child;
                          [(iv) a parent is impaired because of 
                        substance abuse or mental illness;
                          [(v) there are allegations that a 
                        child is at risk for any of the reasons 
                        stated in clauses (i), (ii), (iii),and 
(iv), pending an investigation of the allegations; or
                          [(vi) other circumstances, as 
                        determined by a court of competent 
                        jurisdiction, point to the existence of 
                        such a risk.
                  [(K) Family Outreach Teams which provide a 
                youth worker, a parent worker, and a school-
                parent organizer to provide training in 
                outreach, mentoring, community organizing and 
                peer counseling and mentoring to locally 
                recruited volunteers in a particular area.
                  [(L) To establish corridors of safety for 
                senior citizens by increasing the numbers, 
                presence, and watchfulness of law enforcement 
                officers, community groups, and business owners 
                and employees.
                  [(M) Teams or units involving both specially 
                trained law enforcement professionals and child 
                or family services professionals that on a 24-
                hour basis respond to or deal with violent 
                incidents in which a child is involved as a 
                perpetrator, witness, or victim.
                  [(N) Dwelling units to law enforcement 
                officers without charge or at a substantially 
                reduced rent for the purpose of providing 
                greater security for residents of high crime 
                areas.
    [(b) Timing of Payments.--The Attorney General shall pay 
each amount allocated under this subtitle to a unit of general 
local government for a payment period by the later of 90 days 
after the date the amount is available or the first day of the 
payment period if the unit of general local government has 
provided the Attorney General with the assurances required by 
section 30203(d).
    [(c) Adjustments.--
          [(1) In general.--Subject to paragraph (2), the 
        Attorney General shall adjust a payment under this 
        subtitle to a unit of general local government to the 
        extent that a prior payment to the government was more 
        or less than the amount required to be paid.
          [(2) Considerations.--The Attorney General may 
        increase or decrease under this subsection a payment to 
        a unit of general local government only if the Attorney 
        General determines the need for the increase or 
        decrease, or the unit requests the increase or 
        decrease, within one year after the end of the payment 
        period for which the payment was made.
  [(d) Reservation for Adjustments.--The Attorney General may 
reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for all units of 
general local government in a State if the Attorney General 
considers the reserve is necessary to ensure the availability 
of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of general local 
government in the State.
    [(e) Repayment of Unexpended Amounts.--
          [(1) Repayment required.--A unit of general local 
        government shall repay to the Attorney General, by not 
        later than 15 months after receipt from the Attorney 
        General, any amount that is--
                  [(A) paid to the unit from amounts 
                appropriated under the authority of this 
                section; and
                  [(B) not expended by the unit within one year 
                after receipt from the Attorney General.
          [(2) Penalty for failure to repay.--If the amount 
        required to be repaid is not repaid, the Attorney 
        General shall reduce payments in future payment periods 
        accordingly.
          [(3) Deposit of amounts repaid.--Amounts received by 
        the Attorney General as repayments under this 
        subsection shall be deposited in a designated fund for 
        future payments to units of general local government.
    [(f) Nonsupplanting Requirement.--Funds made available 
under this subtitle to units of local government shall not be 
used to supplant State or local funds, but will be used to 
increase the amount of funds that would, in the absence of 
funds under this subtitle, be made available from State or 
local sources.

SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

    [(a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subtitle--
          [(1) $75,940,000 for fiscal year 1996;
          [(2) $75,940,000 for fiscal year 1997;
          [(3) $75,940,000 for fiscal year 1998;
          [(4) $75,940,000 for fiscal year 1999; and
          [(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
    [(b) Administrative Costs.--Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is 
authorized to be appropriated for the period fiscal year 1995 
through fiscal year 2000 to be available for administrative 
costs by the Attorney General in furtherance of the purposes of 
the program. Such sums are to remain available until expended.

SEC. 30203. QUALIFICATION FOR PAYMENT.

    [(a) In General.--The Attorney General shall issue 
regulations establishing procedures under which eligible units 
of general local government are required to provide notice to 
the Attorney General of the units' proposed use of assistance 
under this subtitle.
    [(b) General Requirements for Qualification.--A unit of 
general local government qualifies for a payment under this 
subtitle for a payment period only after establishing to the 
satisfaction of the Attorney General that--
          [(1) the government will establish a trust fund in 
        which the government will deposit all payments received 
        under this subtitle;
          [(2) the government will use amounts in the trust 
        fund (including interest) during a reasonable period;
          [(3) the government will expend the payments so 
        received, in accordance with the laws and procedures 
        that are applicable to the expenditure of revenues of 
        the government;
          [(4) if at least 25 percent of the pay of individuals 
        employed by the government in a public employee 
        occupation is paid out of the trust fund, individuals 
        in the occupation any part of whose pay is paid out of 
        the trust fund will receive pay at least equal to the 
        prevailing rate of pay for individuals employed in 
        similar public employee occupations by the government;
          [(5) the government will use accounting, audit, and 
        fiscal procedures that conform to guidelines which 
        shall be prescribed by the Attorney General after 
        consultation with the ComptrollerGeneral of the United 
States. As applicable, amounts received under this subtitle shall be 
audited in compliance with the Single Audit Act of 1984;
          [(6) after reasonable notice to the government, the 
        government will make available to the Attorney General 
        and the Comptroller General of the United States, with 
        the right to inspect, records the Attorney General 
        reasonably requires to review compliance with this 
        subtitle or the Comptroller General of the United 
        States reasonably requires to review compliance and 
        operations;
          [(7) the government will make reports the Attorney 
        General reasonably requires, in addition to the annual 
        reports required under this subtitle; and
          [(8) the government will spend the funds only for the 
        purposes set forth in section 30201(a)(2).
  [(c) Review by Governors.--A unit of general local government 
shall give the chief executive officer of the State in which 
the government is located an opportunity for review and comment 
before establishing compliance with subsection (d).
  [(d) Sanctions for Noncompliance.--
          [(1) In general.--If the Attorney General decides 
        that a unit of general local government has not 
        complied substantially with subsection (b) or 
        regulations prescribed under subsection (b), the 
        Attorney General shall notify the government. The 
        notice shall state that if the government does not take 
        corrective action by the 60th day after the date the 
        government receives the notice, the Attorney General 
        will withhold additional payments to the government for 
        the current payment period and later payment periods 
        until the Attorney General is satisfied that the 
        government--
                  [(A) has taken the appropriate corrective 
                action; and
                  [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).
          [(2) Notice.--Before giving notice under paragraph 
        (1), the Attorney General shall give the chief 
        executive officer of the unit of general local 
        government reasonable notice and an opportunity for 
        comment.
          [(3) Payment conditions.--The Attorney General may 
        make a payment to a unit of general local government 
        notified under paragraph (1) only if the Attorney 
        General is satisfied that the government--
                  [(A) has taken the appropriate corrective 
                action; and
                  [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).

SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

    [(a) State Distribution.--For each payment period, the 
Attorney General shall allocate out of the amount appropriated 
for the period under the authority of section 30202--
          [(1) 0.25 percent to each State; and
          [(2) of the total amount of funds remaining after 
        allocation under paragraph (1), an amount that is equal 
        to the ratio that the number of part 1 violent crimes 
        reported by such State to the Federal Bureau of 
        Investigation for 1993 bears to the number of part 1 
        violent crimes reported by all States to the Federal 
        Bureau of Investigation for 1993.
    [(b) Local Distribution.--(1) The Attorney General shall 
allocate among the units of general local government in a State 
the amount allocated to the State under paragraphs (1) and (2) 
of subsection (a).
    [(2) The Attorney General shall allocate to each unit of 
general local government an amount which bears the ratio that 
the number of part 1 violent crimes reported by such unit to 
the Federal Bureau of Investigation for 1993 bears to the 
number of part 1 violent crimes reported by all units in the 
State in which the unit is located to the Federal Bureau of 
Investigation for 1993 multiplied by the ratio of the 
population living in all units in the State in which the unit 
is located that reported part 1 violent crimes to the Federal 
Bureau of Investigation for 1993 bears to the population of the 
State; or if such data are not available for a unit, the ratio 
that the population of such unit bears to the population of all 
units in the State in which the unit is located for which data 
are not available multiplied by the ratio of the population 
living in units in the State in which the unit is located for 
which data are not available bears to the population of the 
State.
    [(3) If under paragraph (2) a unit is allotted less than 
$5,000 for the payment period, the amount allotted shall be 
transferred to the Governor of the State who shall equitably 
distribute the allocation to all such units or consortia 
thereof.
    [(4) If there is in a State a unit of general local 
government that has been incorporated since the date of the 
collection of the data used by the Attorney General in making 
allocations pursuant to this section, the Attorney General 
shall allocate to this newly incorporated local government, out 
of the amount allocated to the State under this section, an 
amount bearing the same ratio to the amount allocated to the 
State as the population of the newly incorporated local 
government bears to the population of the State. If there is in 
the State a unit of general local government that has been 
annexed since the date of the collection of the data used by 
the Attorney General in making allocations pursuant to this 
section, the Attorney General shall pay the amount that would 
have been allocated to this local government to the unit of 
general local government that annexed it.
    [(c) Unavailability of Information.--For purposes of this 
section, if data regarding part 1 violent crimes in any State 
for 1993 is unavailable or substantially inaccurate, the 
Attorney General shall utilize the best available comparable 
data regarding the number of violent crimes for 1993 for such 
State for the purposes of allocation of any funds under this 
subtitle.

[SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

    [Funds or a portion of funds allocated under this subtitle 
may be utilized to contract with private, nonprofit entities or 
community-based organizations to carry out the uses specified 
under section 30201(a)(2).

[SEC. 30206. PUBLIC PARTICIPATION.

    [A unit of general local government expending payments 
under this subtitle shall hold at least one public hearing on 
the proposed use of the payment in relation to its entire 
budget. At the hearing, persons shall be given an opportunity 
to provide written and oral views to the governmental authority 
responsible for enacting the budget and to ask questions about 
the entire budget and the relationof the payment to the entire 
budget. The government shall hold the hearing at a time and a place 
that allows and encourages public attendance and participation.

[SEC. 30207. ADMINISTRATIVE PROVISIONS.

    [The administrative provisions of part H of the Omnibus 
Crime Control and Safe Streets Act of 1968, shall apply to the 
Attorney General for purposes of carrying out this subtitle.

[SEC. 30208. DEFINITIONS.

    [For purposes of this subtitle:
          [(1) The term ``unit of general local government'' 
        means--
                  [(A) a county, township, city, or political 
                subdivision of a county, township, or city, 
                that is a unit of general 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.
          [(2) The term ``payment period'' means each 1-year 
        period beginning on October 1 of the years 1995 through 
        2000.
          [(3) 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 American 
        Samoa, Guam, and the Northern Mariana Islands shall be 
        considered as one State and that, for purposes of 
        section 30204(a), 33 per centum of the amounts 
        allocated shall be allocated to American Samoa, 50 per 
        centum to Guam, and 17 per centum to the Northern 
        Mariana Islands.
          [(4) The term ``children'' means persons who are not 
        younger than 5 and not older than 18 years old.
          [(5) The term ``part 1 violent crimes'' means murder 
        and non-negligent manslaughter, forcible rape, robbery, 
        and aggravated assault as reported to the Federal 
        Bureau of Investigation for purposes of the Uniform 
        Crime Reports.

              [Subtitle C--Model Intensive Grant Programs

[SEC. 30301. GRANT AUTHORIZATION.

    [(a) Establishment.--
          [(1) In general.--The Attorney General may award 
        grants to not more than 15 chronic high intensive crime 
        areas to develop comprehensive model crime prevention 
        programs that--
                  [(A) involve and utilize a broad spectrum of 
                community resources, including nonprofit 
                community organizations, law enforcement 
                organizations, and appropriate State and 
                Federal agencies, including the State 
                educational agencies;
                  [(B) attempt to relieve conditions that 
                encourage crime; and
                  [(C) provide meaningful and lasting 
                alternatives to involvement in crime.
          [(2) Consultation with the ounce of prevention 
        council.--The Attorney General may consult with the 
        Ounce of Prevention Council in awarding grants under 
        paragraph (1).
    [(b) Priority.--In awarding grants under subsection (a), 
the Attorney General shall give priority to proposals that--
          [(1) are innovative in approach to the prevention of 
        crime in a specific area;
          [(2) vary in approach to ensure that comparisons of 
        different models may be made; and
          [(3) coordinate crime prevention programs funded 
        under this program with other existing Federal programs 
        to address the overall needs of communities that 
        benefit from grants received under this title.

[SEC. 30302. USES OF FUNDS.

    [(a) In General.--Funds awarded under this subtitle may be 
used only for purposes described in an approved application. 
The intent of grants under this subtitle is to fund intensively 
comprehensive crime prevention programs in chronic high 
intensive crime areas.
    [(b) Guidelines.--The Attorney General shall issue and 
publish in the Federal Register guidelines that describe 
suggested purposes for which funds under approved programs may 
be used.
    [(c) Equitable Distribution of Funds.--In disbursing funds 
under this subtitle, the Attorney General shall ensure the 
distribution of awards equitably on a geographic basis, 
including urban and rural areas of varying population and 
geographic size.

[SEC. 30303. PROGRAM REQUIREMENTS.

    [(a) Description.--An applicant shall include a description 
of the distinctive factors that contribute to chronic violent 
crime within the area proposed to be served by the grant. Such 
factors may include lack of alternative activities and programs 
for youth, deterioration or lack of public facilities, 
inadequate public services such as public transportation, 
street lighting, community-based substance abuse treatment 
facilities, or employment services offices, and inadequate 
police or public safety services, equipment, or facilities.
    [(b) Comprehensive Plan.--An applicant shall include a 
comprehensive, community-based plan to attack intensively the 
principal factors identified in subsection (a). Such plans 
shall describe the specific purposes for which funds are 
proposed to be used and how each purpose will address specific 
factors. The plan also shall specify how local nonprofit 
organizations, government agencies, private businesses, 
citizens groups, volunteer organizations, and interested 
citizens will cooperate in carrying out the purposes of the 
grant.
    [(c) Evaluation.--An applicant shall include an evaluation 
plan by which the success of the plan will be measured, 
including the articulation of specific, objective indicia of 
performance, how the indicia will be evaluated, and a projected 
timetable for carrying out the evaluation.

[SEC. 30304. APPLICATIONS.

    [To request a grant under this subtitle the chief local 
elected official of an area shall--
          [(1) prepare and submit to the Attorney General an 
        application in such form, at such time, and in 
        accordance with such procedures, as the Attorney 
        General shall establish; and
          [(2) provide an assurance that funds received under 
        this subtitle shall be used to supplement, not 
        supplant, non-Federalfunds that would otherwise be 
available for programs funded under this subtitle.

[SEC. 30305. REPORTS.

    [Not later than December 31, 1998, the Attorney General 
shall prepare and submit to the Committees on the Judiciary of 
the House and Senate an evaluation of the model programs 
developed under this subtitle and make recommendations 
regarding the implementation of a national crime prevention 
program.

[SEC. 30306. DEFINITIONS.

    [In this subtitle--
          [``chief local elected official'' means an official 
        designated under regulations issued by the Attorney 
        General. The criteria used by the Attorney General in 
        promulgating such regulations shall ensure 
        administrative efficiency and accountability in the 
        expenditure of funds and execution of funded projects 
        under this subtitle.
          [``chronic high intensity crime area'' means an area 
        meeting criteria adopted by the Attorney General by 
        regulation that, at a minimum, define areas with--
                  [(A) consistently high rates of violent crime 
                as reported in the Federal Bureau of 
                Investigation's ``Uniform Crime Reports'', and
                  [(B) chronically high rates of poverty as 
                determined by the Bureau of the Census.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

[SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
subtitle--
          [(1) $100,000,000 for fiscal year 1996;
          [(2) $125,100,000 for fiscal year 1997;
          [(3) $125,100,000 for fiscal year 1998;
          [(4) $125,100,000 for fiscal year 1999; and
          [(5) $150,200,000 for fiscal year 2000.]
          * * * * * * *

        [Subtitle G--Assistance for Delinquent and At-Risk Youth

[SEC. 30701. GRANT AUTHORITY.

    [(a) Grants.--
          [(1) In general.--In order to prevent the commission 
        of crimes or delinquent acts by juveniles, the Attorney 
        General may make grants to public or private nonprofit 
        organizations to support the development and operation 
        of projects to provide residential services to youth, 
        aged 11 to 19, who--
                  [(A) have dropped out of school;
                  [(B) have come into contact with the juvenile 
                justice system; or
                  [(C) are at risk of dropping out of school or 
                coming into contact with the juvenile justice 
                system.
          [(2) Consultation with the ounce of prevention 
        council.--The Attorney General may consult with the 
        Ounce of Prevention Council in making grants under 
        paragraph (1).
          [(3) Services.--Such services shall include 
        activities designed to--
                  [(A) increase the self-esteem of such youth;
                  [(B) assist such youth in making healthy and 
                responsible choices;
                  [(C) improve the academic performance of such 
                youth pursuant to a plan jointly developed by 
                the applicant and the school which each such 
                youth attends or should attend; and
                  [(D) provide such youth with vocational and 
                life skills.
    [(b) Applications.--
          [(1) In general.--A public agency or private 
        nonprofit organization which desires a grant under this 
        section shall submit an application at such time and in 
        such manner as the Attorney General may prescribe.
          [(2) Contents.--An application under paragraph (1) 
        shall include--
                  [(A) a description of the program developed 
                by the applicant, including the activities to 
                be offered;
                  [(B) a detailed discussion of how such 
                program will prevent youth from committing 
                crimes or delinquent acts;
                  [(C) evidence that such program--
                          [(i) will be carried out in 
                        facilities which meet applicable State 
                        and local laws with regard to safety;
                          [(ii) will include academic 
                        instruction, approved by the State, 
                        Indian tribal government, or local 
                        educational agency, which meets or 
                        exceeds State, Indian tribal 
                        government, and local standards and 
                        curricular requirements; and
                          [(iii) will include instructors and 
                        other personnel who possess such 
                        qualifications as may be required by 
                        applicable State or local laws; and
                  [(D) specific, measurable outcomes for youth 
                served by the program.
    [(c) Consideration of Applications.--Not later than 60 days 
following the submission of applications, the Attorney General 
shall--
          [(1) approve each application and disburse the 
        funding for each such application; or
          [(2) disapprove the application and inform the 
        applicant of such disapproval and the reasons therefor.
    [(d) Reports.--A grantee under this section shall annually 
submit a report to the Attorney General that describes the 
activities and accomplishments of such program, including the 
degree to which the specific youth outcomes are met.
    [(e) Definitions.--In this subtitle--
          [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including Alaska Native village (as defined in 
        or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

[SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated for grants under 
section 30701--
          [(1) $5,400,000 for fiscal year 1996;
          [(2) $6,300,000 for fiscal year 1997;
          [(3) $7,200,000 for fiscal year 1998;
          [(4) $8,100,000 for fiscal year 1999; and
          [(5) $9,000,000 for fiscal year 2000.

                    [Subtitle H--Police Recruitment

[SEC. 30801. GRANT AUTHORITY.

    [(a) Grants.--
          [(1) In general.--The Attorney General may make 
        grants to qualified community organizations to assist 
        in meeting the costs of qualified programs which are 
        designed to recruit and retain applicants to police 
        departments.
          [(2) Consultation with the ounce of prevention 
        council.--The Attorney General may consult with the 
        Ounce of Prevention Council in making grants under 
        paragraph (1).
    [(b) Qualified Community Organizations.--An organization is 
a qualified community organization which is eligible to receive 
a grant under subsection (a) if the organization--
          [(1) is a nonprofit organization; and
          [(2) has training and experience in--
                  [(A) working with a police department and 
                with teachers, counselors, and similar 
                personnel,
                  [(B) providing services to the community in 
                which the organization is located,
                  [(C) developing and managing services and 
                techniques to recruit individuals to become 
                members of a police department and to assist 
                such individuals in meeting the membership 
                requirements of police departments,
                  [(D) developing and managing services and 
                techniques to assist in the retention of 
                applicants to police departments, and
                  [(E) developing other programs that 
                contribute to the community.
    [(c) Qualified Programs.--A program is a qualified program 
for which a grant may be made under subsection (a) if the 
program is designed to recruit and train individuals from 
underrepresented neighborhoods and localities and if--
          [(1) the overall design of the program is to recruit 
        and retain applicants to a police department;
          [(2) the program provides recruiting services which 
        include tutorial programs to enable individuals to meet 
        police force academic requirements and to pass entrance 
        examinations;
          [(3) the program provides counseling to applicants to 
        police departments who may encounter problems 
        throughout the application process; and
          [(4) the program provides retention services to 
        assist in retaining individuals to stay in the 
        application process of a police department.
    [(d) Applications.--To qualify for a grant under subsection 
(b), a qualified organization shall submit an application to 
the Attorney General in such form as the Attorney General may 
prescribe. Such application shall--
          [(1) include documentation from the applicant 
        showing--
                  [(A) the need for the grant;
                  [(B) the intended use of grant funds;
                  [(C) expected results from the use of grant 
                funds; and
                  [(D) demographic characteristics of the 
                population to be served, including age, 
                disability, race, ethnicity, and languages 
                used; and
          [(2) contain assurances satisfactory to the Attorney 
        General that the program for which a grant is made will 
        meet the applicable requirements of the program 
        guidelines prescribed by the Attorney General under 
        subsection (i).
    [(e) Action by the Attorney General.--Not later than 60 
days after the date that an application for a grant under 
subsection (a) is received, the Attorney General shall consult 
with the police department which will be involved with the 
applicant and shall--
          [(1) approve the application and disburse the grant 
        funds applied for; or
          [(2) disapprove the application and inform the 
        applicant that the application is not approved and 
        provide the applicant with the reasons for the 
        disapproval.
    [(f) Grant Disbursement.--The Attorney General shall 
disburse funds under a grant under subsection (a) in accordance 
with regulations of the Attorney General which shall ensure--
          [(1) priority is given to applications for areas and 
        organizations with the greatest showing of need;
          [(2) that grant funds are equitably distributed on a 
        geographic basis; and
          [(3) the needs of underserved populations are 
        recognized and addressed.
    [(g) Grant Period.--A grant under subsection (a) shall be 
made for a period not longer than 3 years.
    [(h) Grantee Reporting.--(1) For each year of a grant 
period for a grant under subsection (a), the recipient of the 
grant shall file a performance report with the Attorney General 
explaining the activities carried out with the funds received 
and assessing the effectiveness of such activities in meeting 
the purpose of the recipient's qualified program.
    [(2) If there was more than one recipient of a grant, each 
recipient shall file such report.
    [(3) The Attorney General shall suspend the funding of a 
grant, pending compliance, if the recipient of the grant does 
not file the report required by this subsection or uses the 
grant for a purpose not authorized by this section.
    [(i) Guidelines.--The Attorney General shall, by 
regulation, prescribe guidelines on content and results for 
programs receiving a grant under subsection (a). Such 
guidelines shall be designed to establish programs which will 
be effective in training individuals to enter instructional 
programs for police departments and shall include requirements 
for--
          [(1) individuals providing recruiting services;
          [(2) individuals providing tutorials and other 
        academic assistance programs;
          [(3) individuals providing retention services; and
          [(4) the content and duration of recruitment, 
        retention, and counseling programs and the means and 
        devices used to publicize such programs.

[SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated for grants under 
section 30801--
          [(1) $2,000,000 for fiscal year 1996;
          [(2) $4,000,000 for fiscal year 1997;
          [(3) $5,000,000 for fiscal year 1998;
          [(4) $6,000,000 for fiscal year 1999; and
          [(5) $7,000,000 for fiscal year 2000.

                   [Subtitle J--Local Partnership Act

[SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.

    [(a) Establishment of Program.--Title 31, United States 
Code, is amended by inserting after chapter 65 the following 
new chapter:

                    [``CHAPTER 67--FEDERAL PAYMENTS

[``Sec.
[``6701. Payments to local governments.
[``6702. Local Government Fiscal Assistance Fund.
[``6703. Qualification for payment.
[``6704. State area allocations; allocations and payments to territorial 
          governments.
[``6705. Local government allocations.
[``6706. Income gap multiplier.
[``6707. State variation of local government allocations.
[``6708. Adjustments of local government allocations.
[``6709. Information used in allocation formulas.
[``6710. Public participation.
[``6711. Prohibited discrimination.
[``6712. Discrimination proceedings.
[``6713. Suspension and termination of payments in discrimination 
          proceedings.
[``6714. Compliance agreements.
[``6715. Enforcement by the Attorney General of prohibitions on 
          discrimination.
[``6716. Civil action by a person adversely affected.
[``6717. Judicial review.
[``6718. Investigations and reviews.
[``6719. Reports.
[``6720. Definitions, application, and administration.

[``Sec. 6701. Payments to local governments

    [``(a) Payment and Use.--
          [``(1) Payment.--The Secretary shall pay to each unit 
        of general local government which qualifies for a 
        payment under this chapter an amount equal to the sum 
        of any amounts allocated to the government under this 
        chapter for each payment period. The Secretary shall 
        pay such amount out of the Local Government Fiscal 
        Assistance Fund under section 6702.
          [``(2) Use.--Amounts paid to a unit of general local 
        government under this section shall be used by that 
        unit for carrying out one or more programs of the unit 
        related to--
                  [``(A) education to prevent crime;
                  [``(B) substance abuse treatment to prevent 
                crime; or
                  [``(C) job programs to prevent crime.
          [``(3) Coordination.--Programs funded under this 
        title shall be coordinated with other existing Federal 
        programs to meet the overall needs of communities that 
        benefit from funds received under this section.
    [``(b) Timing of Payments.--The Secretary shall pay each 
amount allocated under this chapter to a unit of general local 
government for a payment period by the later of 90 days after 
the date the amount is available or the first day of the 
payment period provided that the unit of general local 
government has provided the Secretary with the assurances 
required by section 6703(d).
    [``(c) Adjustments.--
          [``(1) In general.--Subject to paragraph (2), the 
        Secretary shall adjust a payment under this chapter to 
        a unit of general local government to the extent that a 
        prior payment to the government was more or less than 
        the amount required to be paid.
          [``(2) Considerations.--The Secretary may increase or 
        decrease under this subsection a payment to a unit of 
        local government only if the Secretary determines the 
        need for the increase or decrease, or the unit requests 
        the increase or decrease, within one year after the end 
        of the payment period for which the payment was made.
    [``(d) Reservation for Adjustments.--The Secretary may 
reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for all units of 
general local government in a State if the Secretary considers 
the reserve is necessary to ensure the availability of 
sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of general local 
government in the State.
    [``(e) Repayment of Unexpended Amounts.--
          ``(1) Repayment required.--A unit of general local 
        government shall repay to the Secretary, by not later 
        than 15 months after receipt from the Secretary, any 
        amount that is--
                  [``(A) paid to the unit from amounts 
                appropriated under the authority of this 
                section; and
                  ``(B) not expended by the unit within one 
                year after receipt from the Secretary.
          [``(2) Penalty for failure to repay.--If the amount 
        required to be repaid is not repaid, the Secretary 
        shall reduce payments in future payment periods 
        accordingly.
          [``(3) Deposit of amounts repaid.--Amounts received 
        by the Secretary as repayments under this subsection 
        shall be deposited in the Local Government Fiscal 
        Assistance Fund for future payments to units of general 
        local government.
    [``(f) Expenditure With Disadvantaged Business 
Enterprises.--
          [``(1) General rule.--Of amounts paid to a unit of 
        general local government under this chapter for a 
        payment period, not less than 10 percent of the total 
        combined amounts obligated by the unit for contracts 
        and subcontracts shall be expended with--
                  [``(A) small business concerns controlled by 
                socially and economically disadvantaged 
                individuals and women; and
                  [``(B) historically Black colleges and 
                universities and colleges and universities 
                having a student body in which more than 20 
                percent of the students are Hispanic Americans 
                or Native Americans.
          [``(2) Exception.--Paragraph (1) shall not apply to 
        amounts paid to a unit of general local government to 
        the extent the unit determines that the paragraph does 
        not apply through a process that provides for public 
        participation.
          [``(3) Definitions.--For purposes of this 
        subsection--
                  [``(A) the term `small business concern' has 
                the meaning such term has under section 3 of 
                the Small Business Act; and
                  [``(B) the term `socially and economically 
                disadvantaged individuals' has the meaning such 
                term has under section 8(d) of the Small 
                Business Act and relevant subcontracting 
                regulations promulgated pursuant to that 
                section.
    [``(g) Nonsupplanting Requirement.--
          [``(1) In general.--Funds made available under this 
        chapter to units of local government shall not be used 
        to supplant State or local funds, but will be used to 
        increase the amount of funds that would, in the absence 
        of funds under this chapter, be made available from 
        State or local sources.
          [``(2) Base level amount.--The total level of funding 
        available to a unit of local government for accounts 
        serving eligible purposes under this chapter in the 
        fiscal year immediately preceding receipt of a grant 
        under this chapter shall be designated the `base level 
        account' for the fiscal year in which a grant is 
        received. Grants under this chapter in a given fiscal 
        year shall be reduced on a dollar for dollar basis to 
        the extent that a unit of local government reduces its 
        base level account in that fiscal year.

[``Sec. 6702. Local Government Fiscal Assistance Fund

    [``(a) Administration of Fund.--The Department of the 
Treasury has a Local Government Fiscal Assistance Fund, which 
consists of amounts appropriated to the Fund.
    [``(b) Authorization of Appropriations.--There are 
authorized to be appropriated to the Fund--
          [``(1) $270,000,000 for fiscal year 1996;
          [``(2) $283,500,000 for fiscal year 1997;
          [``(3) $355,500,000 for fiscal year 1998;
          [``(4) $355,500,000 for fiscal year 1999; and
          [``(5) $355,500,000 for fiscal year 2000.
[Such sums are to remain available until expended.
  [``(c) Administrative Costs.--Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is 
authorized to be appropriated for the period fiscal year 1995 
through fiscal year 2000 to be available for administrative 
costs by the Secretary in furtherance of the purposes of the 
program. Such sums are to remain available until expended.

[``Sec. 6703. Qualification for payment

  [``(a) In General.--The Secretary shall issue regulations 
establishing procedures under which eligible units of general 
local government are required to provide notice to the 
Secretary of the units' proposed use of assistance under this 
chapter. Subject to subsection (c), the assistance provided 
shall be used, in amounts determined by the unit, for 
activities under, or for activities that are substantially 
similar to an activity under, 1 or more of the following 
programs and the notice shall identify 1 or more of the 
following programs for each such use:
          [``(1) The Drug Abuse Resistance Education Program 
        under section 5122 of the Elementary and Secondary 
        Education Act of 1965.
          [``(2) The National Youth Sports Program under 
        section 682 of the Community Services Block Grant Act 
        (Public Law 97-35) as amended by section 205, Public 
        Law 103-252.
          [``(3) The Gang Resistance Education and Training 
        Program under the Act entitled `An Act making 
        appropriations for the Treasury Department, the United 
        States Postal Service, the Executive Office of the 
        President, and certain Independent Agencies, for the 
        fiscal year ending September 30, 1991, and for other 
        purposes', approved November 5, 1990 (Public Law 101-
        509).
          [``(4) Programs under title II or IV of the Job 
        Training Partnership Act (29 U.S.C. 1601 et seq.).
          [``(5) Programs under subtitle C of title I of the 
        National and Community Service Act of 1990 (42 U.S.C. 
        12571 et seq.), as amended.
          [``(6) Programs under the School to Work 
        Opportunities Act (Public Law 103-239).
          [``(7) Substance Abuse Treatment and Prevention 
        programs authorized under title V or XIX of the Public 
        Health Services Act (43 U.S.C. 201 et seq.).
          [``(8) Programs under the Head Start Act (42 U.S.C. 
        9831 et seq.).
          [``(9) Programs under part A or B of chapter 1 of 
        title I of the Elementary and Secondary Education Act 
        of 1965.
          [``(10) The TRIO programs under part A of title IV of 
        the Higher Education Act of 1965 (20 U.S.C. 1070 et 
        seq.).
          [``(11) Programs under the National Literacy Act of 
        1991.
          [``(12) Programs under the Carl Perkins Vocational 
        Educational and Applied Technology Education Act (20 
        U.S.C. 2301 et seq.).
          [``(13) The demonstration partnership programs 
        including the community initiative targeted to minority 
        youth under section 203 of the Human Services 
        Reauthorization Act of 1994 (Public Law 103-252).
          [``(14) The runaway and homeless youth program and 
        the transitional living program for homeless youth 
        under title III of the Juvenile Justice and Delinquency 
        Prevention Act (Public Law 102-586).
          [``(15) The family support program under subtitle F 
        of title VII of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 1148 et seq.).
          [``(16) After-school activities for school aged 
        children under the Child Care and Development Block 
        Grant Act (42 U.S.C. 9858 et seq.).
          [``(17) The community-based family resource programs 
        under section 401 of the Human Services Reauthorization 
        Act of 1994 (Public Law 103-252).
          [``(18) The family violence programs under the Child 
        Abuse Prevention and Treatment Act Amendments of 1984.
          [``(19) Job training programs administered by the 
        Department of Agriculture, the Department of Defense, 
        or the Department of Housing and Urban Development.
    [``(b) Notice to Agency.--Upon receipt of notice under 
subsection (a) from an eligible unit of general local 
government, the Secretary shall notify the head of the 
appropriate Federal agency for each program listed in 
subsection (a) that is identified in the notice as a program 
under which an activity will be conducted with assistance under 
this chapter. The notification shall state that the unit has 
elected to use some or all of its assistance under this chapter 
for activities under that program. The head of a Federal agency 
that receives such a notification shall ensure that such use is 
in compliance with the laws and regulations applicable to that 
program, except that any requirement to provide matching funds 
shall not apply to that use.
    [``(c) Alternative Uses of Funds.--
          [``(1) Alternative uses authorized.--In lieu of, or 
        in addition to, use for an activity described in 
        subsection (a) andnotice for that use under subsection 
(a), an eligible unit of general local government may use assistance 
under this chapter, and shall provide notice of that use to the 
Secretary under subsection (a), for any other activity that is 
consistent with 1 or more of the purposes described in section 
6701(a)(2).
          [``(2) Notice deemed to describe consistent use.--
        Notice by a unit of general local government that it 
        intends to use assistance under this chapter for an 
        activity other than an activity described in subsection 
        (a) is deemed to describe an activity that is 
        consistent with 1 or more of the purposes described in 
        section 6701(a)(2) unless the Secretary provides to the 
        unit, within 30 days after receipt of that notice of 
        intent from the unit, written notice (including an 
        explanation) that the use is not consistent with those 
        purposes.
  [``(d) General Requirements for Qualification.--A unit of 
general local government qualifies for a payment under this 
chapter for a payment period only after establishing to the 
satisfaction of the Secretary that--
          [``(1) the government will establish a trust fund in 
        which the government will deposit all payments received 
        under this chapter;
          [``(2) the government will use amounts in the trust 
        fund (including interest) during a reasonable period;
          [``(3) the government will expend the payments so 
        received, in accordance with the laws and procedures 
        that are applicable to the expenditure of revenues of 
        the government;
          [``(4) if at least 25 percent of the pay of 
        individuals employed by the government in a public 
        employee occupation is paid out of the trust fund, 
        individuals in the occupation any part of whose pay is 
        paid out of the trust fund will receive pay at least 
        equal to the prevailing rate of pay for individuals 
        employed in similar public employee occupations by the 
        government;
          [``(5) all laborers and mechanics employed by 
        contractors or subcontractors in the performance of any 
        contract and subcontract for the repair, renovation, 
        alteration, or construction, including painting and 
        decorating, of any building or work that is financed in 
        whole or in part by a grant under this title, shall be 
        paid wages not less than those determined by the 
        Secretary of Labor in accordance with the Act of March 
        3, 1931 (commonly known as the Davis-Bacon Act); as 
        amended (40 U.S.C. 276a-276a-5). The Secretary of Labor 
        shall have the authority and functions set forth in 
        Reorganization Plan No. 14 of 1950 (15 FR 3176; 64 
        Stat. 1267) and section 2 of the Act of June 1, 1934 
        (commonly known as the Copeland Anti-Kickback Act), as 
        amended (40 U.S.C. 276c, 48 Stat. 948);
          [``(6) the government will use accounting, audit, and 
        fiscal procedures that conform to guidelines which 
        shall be prescribed by the Secretary after consultation 
        with the Comptroller General of the United States. As 
        applicable, amounts received under this chapter shall 
        be audited in compliance with the Single Audit Act of 
        1984;
          [``(7) after reasonable notice to the government, the 
        government will make available to the Secretary and the 
        Comptroller General of the United States, with the 
        right to inspect, records the Secretary reasonably 
        requires to review compliance with this chapter or the 
        Comptroller General of the United States reasonably 
        requires to review compliance and operations under 
        section 6718(b);
          [``(8) the government will make reports the Secretary 
        reasonably requires, in addition to the annual reports 
        required under section 6719(b); and
          [``(9) the government will spend the funds only for 
        the purposes set forth in section 6701(a)(2).
  [``(e) Review by Governors.--A unit of general local 
government shall give the chief executive officer of the State 
in which the government is located an opportunity for review 
and comment before establishing compliance with subsection (d).
  [``(f) Sanctions for Noncompliance.--
          [``(1) In general.--If the Secretary decides that a 
        unit of general local government has not complied 
        substantially with subsection (d) or regulations 
        prescribed under subsection (d), the Secretary shall 
        notify the government. The notice shall state that if 
        the government does not take corrective action by the 
        60th day after the date the government receives the 
        notice, the Secretary will withhold additional payments 
        to the government for the current payment period and 
        later payment periods until the Secretary is satisfied 
        that the government--
                  [``(A) has taken the appropriate corrective 
                action; and
                  [``(B) will comply with subsection (d) and 
                regulations prescribed under subsection (d).
          [``(2) Notice.--Before giving notice under paragraph 
        (1), the Secretary shall give the chief executive 
        officer of the unit of general local government 
        reasonable notice and an opportunity for comment.
          [``(3) Payment conditions.--The Secretary may make a 
        payment to a unit of general local government notified 
        under paragraph (1) only if the Secretary is satisfied 
        that the government--
                  [``(A) has taken the appropriate corrective 
                action; and
                  [``(B) will comply with subsection (d) and 
                regulations prescribed under subsection (d).

[``Sec. 6704. State area allocations; allocations and payments to 
                    territorial governments

  [``(a) Formula Allocation by State.--For each payment period, 
the Secretary shall allocate to each State out of the amount 
appropriated for the period under the authority of section 
6702(b) (minus the amounts allocated to territorial governments 
under subsection (e) for the payment period) an amount bearing 
the same ratio to the amount appropriated (minus such amounts 
allocated under subsection (e)) as the amount allocated to the 
State under this section bears to the total amount allocated to 
all States under this section. The Secretary shall--
          [``(1) determine the amount allocated to the State 
        under subsection (b) or (c) of this section and 
        allocate the larger amount to the State; and
          [``(2) allocate the amount allocated to the State to 
        units of general local government in the State under 
        sections 6705 and 6706.
  [``(b) General Formula.--
          [``(1) In general.--For the payment period beginning 
        October 1, 1994, the amount allocated to a State under 
        this sub-section for a payment period is the amount 
bearing the same ratio to $5,300,000,000 as--
                  [``(A) the population of the State, 
                multiplied by the general tax effort factor of 
                the State (determined under paragraph (2)), 
                multiplied by the relative income factor of the 
                State (determined under paragraph (3)), 
                multiplied by the relative rate of the labor 
                force unemployed in the State (determined under 
                paragraph (4)); bears to
                  [``(B) the sum of the products determined 
                under subparagraph (A) of this paragraph for 
                all States.
          [``(2) General tax effort factor.--The general tax 
        effort factor of a State for a payment period is--
                  [``(A) the net amount of State and local 
                taxes of the State collected during the year 
                1991 as reported by the Bureau of the Census in 
                the publication Government Finances 1990-1991; 
                divided by
                  [``(B) the total income of individuals, as 
                determined by the Secretary of Commerce for 
                national accounts purposes for 1992 as reported 
                in the publication Survey of Current Business 
                (August 1993), attributed to the State for the 
                same year.
          [``(3) Relative income factor.--The relative income 
        factor of a State is a fraction in which--
                  [``(A) the numerator is the per capita income 
                of the United States; and
                  [``(B) the denominator is the per capita 
                income of the State.
          [``(4) Relative rate of labor force.--The relative 
        rate of the labor force unemployed in a State is a 
        fraction in which--
                  [``(A) the numerator is the percentage of the 
                labor force of the State that is unemployed in 
                the calendar year preceding the payment period 
                (as determined by the Secretary of Labor for 
                general statistical purposes); and
                  [``(B) the denominator is the percentage of 
                the labor force of the United States that is 
                unemployed in the calendar year preceding the 
                payment period (as determined by the Secretary 
                of Labor for general statistical purposes).
    [``(c) Alternative Formula.--For the payment period 
beginning October 1, 1994, the amount allocated to a State 
under this subsection for a payment period is the total amount 
the State would receive if--
          [``(1) $1,166,666,667 were allocated among the States 
        on the basis of population by allocating to each State 
        an amount bearing the same ratio to the total amount to 
        be allocated under this paragraph as the population of 
        the State bears to the population of all States;
          [``(2) $1,166,666,667 were allocated among the States 
        on the basis of population inversely weighted for per 
        capita income, by allocating to each State an amount 
        bearing the same ratio to the total amount to be 
        allocated under this paragraph as--
                  [``(A) the population of the State, 
                multiplied by a fraction in which--
                          [``(i) the numerator is the per 
                        capita income of all States; and
                          [``(ii) the denominator is the per 
                        capita income of the State; bears to
                  [``(B) the sum of the products determined 
                under subparagraph (A) for all States;
          [``(3) $600,000,000 were allocated among the States 
        on the basis of income tax collections by allocating to 
        each State an amount bearing the same ratio to the 
        total amount to be allocated under this paragraph as 
        the income tax amount of the State (determined under 
        subsection (d)(1)) bears to the sum of the income tax 
        amounts of all States;
          [``(4) $600,000,000 were allocated among the States 
        on the basis of general tax effort by allocating to 
        each State an amount bearing the same ratio to the 
        total amount to be allocated under this paragraph as 
        the general tax effort amount of the State (determined 
        under subsection (d)(2)) bears to the sum of the 
        general tax effort amounts of all States;
          [``(5) $600,000,000 were allocated among the States 
        on the basis of unemployment by allocating to each 
        State an amount bearing the same ratio to the total 
        amount to be allocated under this paragraph as--
                  [``(A) the labor force of the State, 
                multiplied by a fraction in which--
                          [``(i) the numerator is the 
                        percentage of the labor force of the 
                        State that is unemployed in the 
                        calendar year preceding the payment 
                        period (as determined by the Secretary 
                        of Labor for general statistical 
                        purposes); and
                          [``(ii) the denominator is the 
                        percentage of the labor force of the 
                        United States that is unemployed in the 
                        calendar year preceding the payment 
                        period (as determined by the Secretary 
                        of Labor for general statistical 
                        purposes)

                [bears to
                  [``(B) the sum of the products determined 
                under subparagraph (A) for all States; and
          [``(6) $1,166,666,667 were allocated among the States 
        on the basis of urbanized population by allocating to 
        each State an amount bearing the same ratio to the 
        total amount to be allocated under this paragraph as 
        the urbanized population of the State bears to the 
        urbanized population of all States. In this paragraph, 
        the term `urbanized population' means the population of 
        an area consisting of a central city or cities of at 
        least 50,000 inhabitants and the surrounding closely 
        settled area for the city or cities considered as an 
        urbanized area as published by the Bureau of the Census 
        for 1990 in the publication General Population 
        Characteristics for Urbanized Areas.
    [``(d) Income Tax Amount and Tax Effort Amount.--
          [``(1) Income tax amount.--The income tax amount of a 
        State for a payment period is 15 percent of the net 
        amount collected during the calendar year ending before 
        the beginning of the payment period from the tax 
        imposed on the income of individuals by the State and 
        described as a State income tax under section 164(a)(3) 
        of the Internal Revenue Code of 1986 (26 U.S.C. 
        164(a)(3)). The income tax amount for a payment period 
        shall be at least 1 percent but not more than 6 percent 
        of the United States Government individual income tax 
        liability attributed to the State for the taxable year 
        ending during the last calendar year ending before the 
        beginning ofthe payment period. The Secretary shall 
determine the Government income tax liability attributed to the State 
by using the data published by the Secretary for 1991 in the 
publication Statistics of Income Bulletin (Winter 1993-1994).
          [``(2) General tax effort amount.--The general tax 
        effort amount of a State for a payment period is the 
        amount determined by multiplying--
                  [``(A) the net amount of State and local 
                taxes of the State collected during the year 
                1991 as reported in the Bureau of Census in the 
                publication Government Finances 1990-1991; and
                  [``(B) the general tax effort factor of the 
                State determined under subsection (b)(2).
    [``(e) Allocation for Puerto Rico, Guam, American Samoa, 
and the Virgin Islands.--
          [``(1) In general.--(A) For each payment period for 
        which funds are available for allocation under this 
        chapter, the Secretary shall allocate to each 
        territorial government an amount equal to the product 
        of 1 percent of the amount of funds available for 
        allocation multiplied by the applicable territorial 
        percentage.
          [``(B) For the purposes of this paragraph, the 
        applicable territorial percentage of a territory is 
        equal to the quotient resulting from the division of 
        the territorial population of such territory by the sum 
        of the territorial population for all territories.
          [``(2) Payments to local governments.--The 
        governments of the territories shall make payments to 
        local governments within their jurisdiction from sums 
        received under this subsection as they consider 
        appropriate.
          [``(3) Definitions.--For purposes of this 
        subsection--
                  [``(A) the term `territorial government' 
                means the government of a territory;
                  [``(B) the term `territory' means Puerto 
                Rico, Guam, American Samoa, and the Virgin 
                Islands; and
                  [``(C) the term `territorial population' 
                means the most recent population for each 
                territory as determined by the Bureau of 
                Census.

[``Sec. 6705. Local government allocations

    [``(a) Indian Tribes and Alaskan Natives Villages.--If 
there is in a State an Indian tribe or Alaskan native village 
having a recognized governing body carrying out substantial 
governmental duties and powers, the Secretary shall allocate to 
the tribe or village, out of the amount allocated to the State 
under section 6704, an amount bearing the same ratio to the 
amount allocated to the State as the population of the tribe or 
village bears to the population of the State. The Secretary 
shall allocate amounts under this subsection to Indian tribes 
and Alaskan native villages in a State before allocating 
amounts to units of general local government in the State under 
subsection (c). For the payment period beginning October 1, 
1994, the Secretary shall use as the population of each Indian 
tribe or Alaskan native village the population for 1991 as 
reported by the Bureau of Indian Affairs in the publication 
Indian Service Population and Labor Force Estimates (January 
1991). In addition to uses authorized under section 6701(a)(2), 
amounts allocated under this subsection and paid to an Indian 
tribe or Alaskan native village under this chapter may be used 
for renovating or building prisons or other correctional 
facilities.
    [``(b) Newly Incorporated Local Governments and Annexed 
Governments.--If there is in a State a unit of general local 
government that has been incorporated since the date of the 
collection of the data used by the Secretary in making 
allocations pursuant to sections 6704 through 6706 and 6708, 
the Secretary shall allocate to this newly incorporated local 
government, out of the amount allocated to the State under 
section 6704, an amount bearing the same ratio to the amount 
allocated to the State as the population of the newly 
incorporated local government bears to the population of the 
State. If there is in the State a unit of general local 
government that has been annexed since the date of the 
collection of the data used by the Secretary in making 
allocations pursuant to sections 6704 through 6706 and 6708, 
the Secretary shall pay the amount that would have been 
allocated to this local government to the unit of general local 
government that annexed it.
    [``(c) Other Local Government Allocations.--
          [``(1) In general.--The Secretary shall allocate 
        among the units of general local government in a State 
        (other than units receiving allocations under 
        subsection (a)) the amount allocated to the State under 
        section 6704 (as that amount is reduced by allocations 
        under subsection (a)). Of the amount to be allocated, 
        the Secretary shall allocate a portion equal to \1/2\ 
        of such amount in accordance with section 6706(1), and 
        shall allocate a portion equal to \1/2\ of such amount 
        in accordance with section 6706(2). A unit of general 
        local government shall receive an amount equal to the 
        sum of amounts allocated to the unit from each portion.
          [``(2) Ratio.--From each portion to be allocated to 
        units of local government in a State under paragraph 
        (1), the Secretary shall allocate to a unit an amount 
        bearing the same ratio to the funds to be allocated 
        as--
                  [``(A) the population of the unit, multiplied 
                by the general tax effort factor of the unit 
                (determined under paragraph (3)), multiplied by 
                the income gap of the unit (determined under 
                paragraph (4)), bears to
                  [``(B) the sum of the products determined 
                under subparagraph (A) for all units in the 
                State for which the income gap for that portion 
                under paragraph (4) is greater than zero.
          [``(3) General tax effort factor.--(A) Except as 
        provided in subparagraph (C), the general tax effort 
        factor of a unit of general local government for a 
        payment period is--
                  [``(i) the adjusted taxes of the unit; 
                divided by
                  [``(ii) the total income attributed to the 
                unit.
          [``(B) If the amount determined under subparagraphs 
        (A) (i) and (ii) for a unit of general local government 
        is less than zero, the general tax effort factor of the 
        unit is deemed to be zero.
          [``(C)(i) Except as otherwise provided in this 
        subparagraph, for the payment period beginning October 
        1, 1994, the adjusted taxes of a unit of general local 
        government are the taxes imposed by the unit for public 
        purposes (except employee and employer assessments and 
        contributions to finance retirement and social 
        insurance systems and other special assessmentsfor 
capital outlay), as determined by the Bureau of the Census for the 1987 
Census of Governments and adjusted as follows:
                  [``(I) Adjusted taxes equals total taxes 
                times a fraction in which the numerator is the 
                sum of unrestricted revenues and revenues 
                dedicated for spending on education minus total 
                education spending and the denominator is total 
                unrestricted revenues.
                  [``(II) Total taxes is the sum of property 
                tax; general sales tax; alcoholic beverage tax; 
                amusement tax; insurance premium tax; motor 
                fuels tax; parimutuels tax; public utilities 
                tax; tobacco tax; other selective sales tax; 
                alcoholic beverage licenses, amusement 
                licenses; corporation licenses, hunting and 
                fishing licenses; motor vehicle licenses; motor 
                vehicle operator licenses; public utility 
                licenses; occupation and business licenses, not 
                elsewhere classified; other licenses, 
                individual income tax; corporation net income 
                tax; death and gift tax; documentary and stock 
                transfer tax; severance tax; and taxes not 
                elsewhere classified.
                  [``(III) Unrestricted revenues is the sum of 
                total taxes and intergovernmental revenue from 
                Federal Government, general revenue sharing; 
                intergovernmental revenue from Federal 
                Government, other general support; 
                intergovernmental revenue from Federal 
                Government, other; intergovernmental revenue 
                from State government, other general support; 
                intergovernmental revenue from State 
                government, other; intergovernmental revenue 
                from local governments, other general support; 
                intergovernmental revenue from local 
                governments, other; miscellaneous general 
                revenue, property sale-housing and community 
                development; miscellaneous general revenue, 
                property sale-other property; miscellaneous 
                general revenue, interest earnings on 
                investments; miscellaneous general revenue, 
                fines and forfeits; miscellaneous general 
                revenue, rents; miscellaneous general revenues, 
                royalties; miscellaneous general revenue, 
                donations from private sources; miscellaneous 
                general revenue, net lottery revenue (after 
                prizes and administrative expenses); 
                miscellaneous general revenue, other 
                miscellaneous general revenue; and all other 
                general charges, not elsewhere classified.
                  [``(IV) Revenues dedicated for spending on 
                education is the sum of elementary and 
                secondary education, school lunch; elementary 
                and secondary education, tuition; elementary 
                and secondary education, other; higher 
                education, auxiliary enterprises; higher 
                education, other; other education, not 
                elsewhere classified; intergovernmental revenue 
                from Federal Government, education; 
                intergovernmental revenue from State 
                government, education; intergovernmental 
                revenue from local governments, interschool 
                system revenue; intergovernmental revenue from 
                local governments, education; interest 
                earnings, higher education; interest earnings, 
                elementary and secondary education; 
                miscellaneous revenues, higher education; and 
                miscellaneous revenues, elementary and 
                secondary education.
                  [``(V) Total education spending is the sum of 
                elementary and secondary education, current 
                operations; elementary and secondary education, 
                construction; elementary and secondary 
                education, other capital outlays; elementary 
                and secondary education, to State governments; 
                elementary and secondary education, to local 
                governments, not elsewhere classified; 
                elementary and secondary education, to 
                counties; elementary and secondary education, 
                to municipalities; elementary and secondary 
                education, to townships; elementary and 
                secondary education, to school districts; 
                elementary and secondary education, to special 
                districts; higher education-auxiliary 
                enterprises, current operations; higher 
                education-auxiliary enterprises, construction; 
                higher education, auxiliary enterprises, other 
                capital outlays; other higher education, 
                current operations; other higher education, 
                construction; other higher education, other 
                capital outlays; other higher education, to 
                State government; other higher education, to 
                local governments, not elsewhere classified; 
                other higher education, to counties; other 
                higher education, to municipalities; other 
                higher education, to townships; other higher 
                education, to school districts; other higher 
                education, to special districts; education 
                assistance and subsidies; education, not 
                elsewhere classified, current operations; 
                education, not elsewhere classified, 
                construction education, not elsewhere 
                classified, other capital outlays; education, 
                not elsewhere classified, to State government; 
                education, not elsewhere classified, to local 
                governments, not elsewhere classified; 
                education, not elsewhere classified, to 
                counties; education, not elsewhere classified, 
                to municipalities; education, not elsewhere 
                classified, to townships; education, not 
                elsewhere classified, to school districts; 
                education, not elsewhere classified, to special 
                districts; and education, not elsewhere 
                classified, to Federal Government.
                  [``(VI) If the amount of adjusted taxes is 
                less than zero, the amount of adjusted tax 
                shall be deemed to be zero.
                  [``(VII) If the amount of adjusted taxes 
                exceeds the amount of total taxes, the amount 
                of adjusted taxes is deemed to equal the amount 
                of total taxes.
          [``(ii) The Secretary shall, for purposes of clause 
        (i), include that part of sales taxes transferred to a 
        unit of general local government that are imposed by a 
        county government in the geographic area of which is 
        located the unit of general local government as taxes 
        imposed by the unit for public purposes if--
                  [``(I) the county government transfers any 
                part of the revenue from the taxes to the unit 
                of general local government without specifying 
                the purpose for which the unit of general local 
                government may expend the revenue; and
                  [``(II) the chief executive officer of the 
                State notifies the Secretary that the taxes 
                satisfy the requirements of this clause.
          [``(iii) The adjusted taxes of a unit of general 
        local government shall not exceed the maximum allowable 
        adjusted taxes for that unit.
          [``(iv) The maximum allowable adjusted taxes for a 
        unit of general local government is the allowable 
        adjusted taxes of the unit minus the excess adjusted 
        taxes of the unit.
          [``(v) The allowable adjusted taxes of a unit of 
        general government is the greater of--
                  [``(I) the amount equal to 2.5, multiplied by 
                the per capita adjusted taxes of all units of 
                general local government of the same type in 
                the State, multiplied by the population of the 
                unit; or
                  [``(II) the amount equal to the population of 
                the unit, multiplied by the sum of the adjusted 
                taxes of all units of municipal local 
                government in the State, divided by the sum of 
                the populations of all the units of municipal 
                local government in the State.
          [``(vi) The excess adjusted taxes of a unit of 
        general local government is the amount equal to--
                  [``(I) the adjusted taxes of the unit, minus
                  [``(II) 1.5 multiplied by the allowable 
                adjusted taxes of the unit;
        [except that if this amount is less than zero then the 
        excess adjusted taxes of the unit is deemed to be zero.
          [``(vii) For purposes of this subparagraph--
                  [``(I) the term `per capita adjusted taxes of 
                all units of general local government of the 
                same type' means the sum of the adjusted taxes 
                of all units of general local government of the 
                same type divided by the sum of the populations 
                of all units of general local government of the 
                same type; and
                  [``(II) the term `units of general local 
                government of the same type' means all 
                townships if the unit of general local 
                government is a township, all municipalities if 
                the unit of general local government is a 
                municipality, all counties if the unit of 
                general local government is a county, or all 
                unified city/county governments if the unit of 
                general local government is a unified city/
                county government.
          [``(4) Income gap.--(A) Except as provided in 
        subparagraph (B), the income gap of a unit of general 
        local government is--
                  [``(i) the number which applies under section 
                6706, multiplied by the per capita income of 
                the State in which the unit is located; minus
                  [``(ii) the per capita income of the 
                geographic area of the unit.
          [``(B) If the amount determined under subparagraph 
        (A) for a unit of general local government is less than 
        zero, then the relative income factor of the unit is 
        deemed to be zero.
    [``(d) Small Government Allocations.--If the Secretary 
decides that information available for a unit of general local 
government with a population below a number (of not more than 
500) prescribed by the Secretary is inadequate, the Secretary 
may allocate to the unit, in lieu of any allocation under 
subsection (b) for a payment period, an amount bearing the same 
ratio to the total amount to be allocated under subsection (b) 
for the period for all units of general local government in the 
State as the population of the unit bears to the population of 
all units in the State.

[``Sec. 6706. Income gap multiplier

  [``For purposes of determining the income gap of a unit of 
general local government under section 6705(b)(4)(A), the 
number which applies is--
          [``(1) 1.6, with respect to \1/2\ of any amount 
        allocated under section 6704 to the State in which the 
        unit is located; and
          [``(2) 1.2, with respect to the remainder of such 
        amount.

[``Sec. 6707. State variation of local government allocations

    [``(a) State Formula.--A State government may provide by 
law for the allocation of amounts among units of general local 
government in the State on the basis of population multiplied 
by the general tax effort factors or income gaps of the units 
of general local government determined under sections 6705 (a) 
and (b) or a combination of those factors. A State government 
providing for a variation of an allocation formula provided 
under sections 6705 (a) and (b) shall notify the Secretary of 
the variation by the 30th day before the beginning of the first 
payment period in which the variation applies. A variation 
shall--
          [``(1) provide for allocating the total amount 
        allocated under sections 6705 (a) and (b); and
          [``(2) apply uniformly in the State.
    [``(b) Certification.--A variation by a State government 
under this section may apply only if the Secretary certifies 
that the variation complies with this section. The Secretary 
may certify a variation only if the Secretary is notified of 
the variation at least 30 days before the first payment period 
in which the variation applies.

[``Sec. 6708. Adjustments of local government allocations

    [``(a) Maximum Amount.--The amount allocated to a unit of 
general local government for a payment period may not exceed 
the adjusted taxes imposed by the unit of general local 
government as determined under section 6705(b)(3). Amounts in 
excess of adjusted taxes shall be paid to the Governor of the 
State in which the unit of local government is located.
    [``(b) De Minimis Allocations to Units of General Local 
Government.--If the amount allocated to a unit of general local 
government (except an Indian tribe or an Alaskan native 
village) for a payment period would be less than $5,000 but for 
this subsection or is waived by the governing authority of the 
unit of general local government, the Secretary shall pay the 
amount to the Governor of the State in which the unit is 
located.
    [``(c) Use of Payments to States.--The Governor of a State 
shall use all amounts paid to the Governor under subsections 
(a) and (b) for programs described in section 6701(a)(2) in 
areas of the State where are located the units of general local 
government with respect to which amounts are paid under 
subsection (b).
    [``(d) De Minimis Allocations to Indian Tribes and Alaskan 
Native Villages.--
          [``(1) Aggregation of de minimis allocations.--If the 
        amount allocated to an Indian tribe or an Alaskan 
        native village for a payment period would be less than 
        $5,000 but for this subsection or is waived by the 
        chief elected official of the tribe or village, the 
        amount--
                  [``(A) shall not be paid to the tribe or 
                village (except under paragraph (2)); and
                  [``(B) shall be aggregated with other such 
                amounts and available for use by the Attorney 
                General under paragraph (2).
          [``(2) Use of aggregated amounts.--Amounts aggregated 
        under paragraph (1) for a payment period shall be 
        available for use by the Attorney General to make 
        grants in the paymentperiod on a competitive basis to 
Indian Tribes and Alaskan native village for--
                  [``(A) programs described in section 
                6701(a)(2); or
                  [``(B) renovating or building prisons or 
                other correctional facilities.

[``Sec. 6709. Information used in allocation formulas

    [``(a) Population Data for Payment Period Beginning October 
1, 1994.--For the payment period beginning October 1, 1994, the 
Secretary, in making allocations pursuant to sections 6704 
through 6706 and 6708, shall use for the population of the 
States the population for 1992 as reported by the Bureau of the 
Census in the publication Current Population Reports, Series P-
25, No. 1045 (July 1992) and for the population of units of 
general local government the Secretary shall use the population 
for 1990 as reported by the Bureau of the Census in the 
publication Summary Social, Economic, and Housing 
Characteristics.
    [``(b) Data for Payment Periods Beginning After September 
30, 1995.--For any payment period beginning after September 30, 
1995, the Secretary, in making allocations pursuant to sections 
6704 through 6706 and 6708, shall use information more recent 
than the information used for the payment period beginning 
October 1, 1994, provided the Secretary notifies the Committee 
on Government Operations of the House of Representatives at 
least 90 days prior to the beginning of the payment period that 
the Secretary has determined that the more recent information 
is more reliable than the information used for the payment 
period beginning October 1, 1994.

[``Sec. 6710. Public participation

    [``(a) Hearings.--
          [``(1) In general.--A unit of general local 
        government expending payments under this chapter shall 
        hold at least one public hearing on the proposed use of 
        the payment in relation to its entire budget. At the 
        hearing, persons shall be given an opportunity to 
        provide written and oral views to the governmental 
        authority responsible for enacting the budget and to 
        ask questions about the entire budget and the relation 
        of the payment to the entire budget. The government 
        shall hold the hearing at a time and a place that 
        allows and encourages public attendance and 
        participation.
          [``(2) Senior citizens.--A unit of general local 
        government holding a hearing required under this 
        subsection or by the budget process of the government 
        shall try to provide senior citizens and senior citizen 
        organizations with an opportunity to present views at 
        the hearing before the government makes a final 
        decision on the use of the payment.
    [``(b) Disclosure of Information.--
          [``(1) In general.--By the 10th day before a hearing 
        required under subsection (a)(1) is held, a unit of 
        general local government shall--
                  [``(A) make available for inspection by the 
                public at the principal office of the 
                government a statement of the proposed use of 
                the payment and a summary of the proposed 
                budget of the government; and
                  [``(B) publish in at least one newspaper of 
                general circulation the proposed use of the 
                payment with the summary of the proposed budget 
                and a notice of the time and place of the 
                hearing.
          [``(2) Availability.--By the 30th day after adoption 
        of the budget under State or local law, the government 
        shall--
                  [``(A) make available for inspection by the 
                public at the principal office of the 
                government a summary of the adopted budget, 
                including the proposed use of the payment; and
                  [``(B) publish in at least one newspaper of 
                general circulation a notice that the 
                information referred to in subparagraph (A) is 
                available for inspection.
    [``(c) Waivers of Requirements.--A requirement--
          [``(1) under subsection (a)(1) may be waived if the 
        budget process required under the applicable State or 
        local law or charter provisions--
                  [``(A) ensures the opportunity for public 
                attendance and participation contemplated by 
                subsection (a); and
                  [``(B) includes a hearing on the proposed use 
                of a payment received under this chapter in 
                relation to the entire budget of the 
                government; and
          [``(2) under subsection (b)(1)(B) and paragraph 
        (2)(B) may be waived if the cost of publishing the 
        information would be unreasonably burdensome in 
        relation to the amount allocated to the government from 
        amounts available for payment under this chapter, or if 
        publication is otherwise impracticable.
    [``(d) Exception to 10-Day Limitation.--If the Secretary is 
satisfied that a unit of general local government will provide 
adequate notice of the proposed use of a payment received under 
this chapter, the 10-day period under subsection (b)(1) may be 
changed to the extent necessary to comply with applicable State 
or local law.

[``Sec. 6711. Prohibited discrimination

    [``(a) General Prohibition.--No person in the United States 
shall be excluded from participating in, be denied the benefits 
of, or be subject to discrimination under, a program or 
activity of a unit of general local government because of race, 
color, national origin, or sex if the government receives a 
payment under this chapter.
    [``(b) Additional Prohibitions.--The following prohibitions 
and exemptions also apply to a program or activity of a unit of 
general local government if the government receives a payment 
under this chapter:
          [``(1) A prohibition against discrimination because 
        of age under the Age Discrimination Act of 1975.
          [``(2) A prohibition against discrimination against 
        an otherwise qualified handicapped individual under 
        section 504 of the Rehabilitation Act of 1973.
          [``(3) A prohibition against discrimination because 
        of religion, or an exemption from that prohibition, 
        under the Civil Rights Act of 1964 or title VIII of the 
        Act of April 11, 1968 (popularly known as the Civil 
        Rights Act of 1968).
    [``(c) Limitations on Applicability of Prohibitions.--
Subsections (a) and (b) do not apply if the government shows, 
by clear and convincing evidence, that a payment received under 
this chapter is not used to pay for any part of the program or 
activity with respect to which the allegation of discrimination 
is made.
  [``(d) Investigation Agreements.--The Secretary shall try to 
make agreements with heads of agencies of the United States 
Government and State agencies to investigate noncompliance with 
this section. An agreement shall--
          [``(1) describe the cooperative efforts to be taken 
        (including sharing civil rights enforcement personnel 
        and resources) to obtain compliance with this section; 
        and
          [``(2) provide for notifying immediately the 
        Secretary of actions brought by the United States 
        Government or State agencies against a unit of general 
        local government alleging a violation of a civil rights 
        law or a regulation prescribed under a civil rights 
        law.

[``Sec. 6712. Discrimination proceedings

  [``(a) Notice of Noncompliance.--By the 10th day after the 
Secretary makes a finding of discrimination or receives a 
holding of discrimination about a unit of general local 
government, the Secretary shall submit a notice of 
noncompliance to the government. The notice shall state the 
basis of the finding or holding.
  [``(b) Informal Presentation of Evidence.--A unit of general 
local government may present evidence informally to the 
Secretary within 30 days after the government receives a notice 
of noncompliance from the Secretary. Except as provided in 
subsection (e), the government may present evidence on 
whether--
          [``(1) a person in the United States has been 
        excluded or denied benefits of, or discriminated 
        against under, the program or activity of the 
        government, in violation of section 6711(a);
          [``(2) the program or activity of the government 
        violated a prohibition described in section 6711(b); 
        and
          [``(3) any part of that program or activity has been 
        paid for with a payment received under this chapter.
  [``(c) Temporary Suspension of Payments.--By the end of the 
30-day period under subsection (b), the Secretary shall decide 
whether the unit of general local government has not complied 
with section 6711 (a) or (b), unless the government has entered 
into a compliance agreement under section 6714. If the 
Secretary decides that the government has not complied, the 
Secretary shall notify the government of the decision and shall 
suspend payments to the government under this chapter unless, 
within 10 days after the government receives notice of the 
decision, the government--
          [``(1) enters into a compliance agreement under 
        section 6714; or
          [``(2) requests a proceeding under subsection (d)(1).
  [``(d) Administrative Review of Suspensions.--
          [``(1) Proceeding.--A proceeding requested under 
        subsection (c)(2) shall begin by the 30th day after the 
        Secretary receives a request for the proceeding. The 
        proceeding shall be before an administrative law judge 
        appointed under section 3105 of title 5, United States 
        Code. By the 30th day after the beginning of the 
        proceeding, the judge shall issue a preliminary 
        decision based on the record at the time on whether the 
        unit of general local government is likely to prevail 
        in showing compliance with section 6711 (a) or (b).
          [``(2) Decision.--If the administrative law judge 
        decides at the end of a proceeding under paragraph (1) 
        that the unit of general local government has--
                  [``(A) not complied with section 6711 (a) or 
                (b), the judge may order payments to the 
                government under this chapter terminated; or
                  [``(B) complied with section 6711 (a) or (b), 
                a suspension under section 6713(a)(1)(A) shall 
                be discontinued promptly.
          [``(3) Likelihood of prevailing.--An administrative 
        law judge may not issue a preliminary decision that the 
        government is not likely to prevail if the judge has 
        issued a decision described in paragraph (2)(A).
  [``(e) Basis for Review.--In a proceeding under subsections 
(b) through (d) on a program or activity of a unit of general 
local government about which a holding of discrimination has 
been made, the Secretary or administrative law judge may 
consider only whether a payment under this chapter was used to 
pay for any part of the program or activity. The holding of 
discrimination is conclusive. If the holding is reversed by an 
appellate court, the Secretary or judge shall end the 
proceeding.

[``Sec. 6713. Suspension and termination of payments in discrimination 
                    proceedings

  [``(a) Imposition and Continuation of Suspensions.--
          [``(1) In general.--The Secretary shall suspend 
        payment under this chapter to a unit of general local 
        government--
                  [``(A) if an administrative law judge 
                appointed under section 3105 of title 5, United 
                States Code, issues a preliminary decision in a 
                proceeding under section 6712(d)(1) that the 
                government is not likely to prevail in showing 
                compliance with section 6711 (a) and (b);
                  [``(B) if the administrative law judge 
                decides at the end of the proceeding that the 
                government has not complied with section 6711 
                (a) or (b), unless the government makes a 
                compliance agreement under section 6714 by the 
                30th day after the decision; or
                  [``(C) if required under section 6712(c).
          [``(2) Effectiveness.--A suspension already ordered 
        under paragraph (1)(A) continues in effect if the 
        administrative law judge makes a decision under 
        paragraph (1)(B).
  [``(b) Lifting of Suspensions and Terminations.--If a holding 
of discrimination is reversed by an appellate court, a 
suspension or termination of payments in a proceeding based on 
the holding shall be discontinued.
  [``(c) Resumption of Payments Upon Attaining Compliance.--The 
Secretary may resume payment to a unit of general local 
government of payments suspended by the Secretary only--
          [``(1) as of the time of, and under the conditions 
        stated in--
                  [``(A) the approval by the Secretary of a 
                compliance agreement under section 6714(a)(1); 
                or
                  [``(B) a compliance agreement entered into by 
                the Secretary under section 6714(a)(2);
          [``(2) if the government complies completely with an 
        order of a United States court, a State court, or 
        administrative law judge that covers all matters raised 
        in a notice of noncompliance submitted by the Secretary 
        under section 6712(a);
          [``(3) if a United States court, a State court, or an 
        administrative law judge decides (including a judge in 
        a proceedingunder section 6712(d)(1)), that the 
government has complied with sections 6711 (a) and (b); or
          [``(4) if a suspension is discontinued under 
        subsection (b).
  [``(d) Payment of Damages as Compliance.--For purposes of 
subsection (c)(2), compliance by a government may consist of 
the payment of restitution to a person injured because the 
government did not comply with section 6711 (a) or (b).
  [``(e) Resumption of Payments Upon Reversal by Court.--The 
Secretary may resume payment to a unit of general local 
government of payments terminated under section 6712(d)(2)(A) 
only if the decision resulting in the termination is reversed 
by an appellate court.

[``Sec. 6714. Compliance agreements

  [``(a) Types of Compliance Agreements.--A compliance 
agreement is an agreement--
          [``(1) approved by the Secretary, between the 
        governmental authority responsible for prosecuting a 
        claim or complaint that is the basis of a holding of 
        discrimination and the chief executive officer of the 
        unit of general local government that has not complied 
        with section 6711 (a) or (b); or
          [``(2) between the Secretary and the chief executive 
        officer.
  [``(b) Contents of Agreements.--A compliance agreement--
          [``(1) shall state the conditions the unit of general 
        local government has agreed to comply with that would 
        satisfy the obligations of the government under 
        sections 6711 (a) and (b);
          [``(2) shall cover each matter that has been found 
        not to comply, or would not comply, with section 6711 
        (a) or (b); and
          [``(3) may be a series of agreements that dispose of 
        those matters.
  [``(c) Availability of Agreements to Parties.--The Secretary 
shall submit a copy of a compliance agreement to each person 
who filed a complaint referred to in section 6716(b), or, if an 
agreement under subsection (a)(1), each person who filed a 
complaint with a governmental authority, about a failure to 
comply with section 6711 (a) or (b). The Secretary shall submit 
the copy by the 15th day after an agreement is made. However, 
if the Secretary approves an agreement under subsection (a)(1) 
after the agreement is made, the Secretary may submit the copy 
by the 15th day after approval of the agreement.

[``Sec. 6715. Enforcement by the Attorney General of prohibitions on 
                    discrimination

  [``The Attorney General may bring a civil action in an 
appropriate district court of the United States against a unit 
of general local government that the Attorney General has 
reason to believe has engaged or is engaging in a pattern or 
practice in violation of section 6711 (a) or (b). The court may 
grant--
          [``(1) a temporary restraining order;
          [``(2) an injunction; or
          [``(3) an appropriate order to ensure enjoyment of 
        rights under section 6711 (a) or (b), including an 
        order suspending, terminating, or requiring repayment 
        of, payments under this chapter or placing additional 
        payments under this chapter in escrow pending the 
        outcome of the action.

[``Sec. 6716. Civil action by a person adversely affected

  [``(a) Authority for Private Suits in Federal or State 
Court.--If a unit of general local government, or an officer or 
employee of a unit of general local government acting in an 
official capacity, engages in a practice prohibited by this 
chapter, a person adversely affected by the practice may bring 
a civil action in an appropriate district court of the United 
States or a State court of general jurisdiction. Before 
bringing an action under this section, the person must exhaust 
administrative remedies under subsection (b).
  [``(b) Administrative Remedies Required To Be Exhausted.--A 
person adversely affected shall file an administrative 
complaint with the Secretary or the head of another agency of 
the United States Government or the State agency with which the 
Secretary has an agreement under section 6711(d). 
Administrative remedies are deemed to be exhausted by the 
person after the 90th day after the complaint was filed if the 
Secretary, the head of the Government agency, or the State 
agency--
          [``(1) issues a decision that the government has not 
        failed to comply with this chapter; or
          [``(2) does not issue a decision on the complaint.
  [``(c) Authority of Court.--In an action under this section, 
the court--
          [``(1) may grant--
                  [``(A) a temporary restraining order;
                  [``(B) an injunction; or
                  [``(C) another order, including suspension, 
                termination, or repayment of, payments under 
                this chapter or placement of additional 
                payments under this chapter in escrow pending 
                the outcome of the action; and
          [``(2) to enforce compliance with section 6711 (a) or 
        (b), may allow a prevailing party (except the United 
        States Government) a reasonable attorney's fee.
  [``(d) Intervention by Attorney General.--In an action under 
this section to enforce compliance with section 6711 (a) or 
(b), the Attorney General may intervene in the action if the 
Attorney General certifies that the action is of general public 
importance. The United States Government is entitled to the 
same relief as if the Government had brought the action and is 
liable for the same fees and costs as a private person.

[``Sec. 6717. Judicial review

  [``(a) Appeals in Federal Court of Appeals.--A unit of 
general local government which receives notice from the 
Secretary about withholding payments under section 6703(f), 
suspending payments under section 6713(a)(1)(B), or terminating 
payments under section 6712(d)(2)(A), may apply for review of 
the action of the Secretary by filing a petition for review 
with the court of appeals of the United States for the circuit 
in which the government is located. The petition shall be filed 
by the 60th day after the date the notice is received. The 
clerk of the court shall immediately send a copy of the 
petition to the Secretary.
  [``(b) Filing of Record of Administrative Proceeding.--The 
Secretary shall file with the court a record of the proceeding 
on which the Secretary based the action. The court may consider 
only objections to the action of the Secretary that were 
presented before the Secretary.
    [``(c) Court Action.--The court may affirm, change, or set 
aside any part of the action of the Secretary. The findings of 
fact by the Secretary are conclusive if supported by 
substantial evidence in the record. If a finding is not 
supported by substantial evidence in the record, the court may 
remand the case to the Secretary to take additional evidence. 
Upon such a remand, the Secretary may make new or modified 
findings and shall certify additional proceedings to the court.
    [``(d) Review Only by Supreme Court.--A judgment of a court 
under this section may be reviewed only by the Supreme Court 
under section 1254 of title 28, United States Code.

[Sec. 6718. Investigations and reviews

    [``(a) Investigations by Secretary.--
          [``(1) In general.--The Secretary shall within a 
        reasonable time limit--
                  [``(A) carry out an investigation and make a 
                finding after receiving a complaint referred to 
                in section 6716(b), a determination by a State 
                or local administrative agency, or other 
                information about a possible violation of this 
                chapter;
                  [``(B) carry out audits and reviews 
                (including investigations of allegations) about 
                possible violations of this chapter; and
                  [``(C) advise a complainant of the status of 
                an audit, investigation, or review of an 
                allegation by the complainant of a violation of 
                section 6711 (a) or (b) or other provision of 
                this chapter.
          [``(2) Time limit.--The maximum time limit under 
        paragraph (1)(A) is 120 days.
    [``(b) Reviews by Comptroller General.--The Comptroller 
General of the United States shall carry out reviews of the 
activities of the Secretary, State governments, and units of 
general local government necessary for the Congress to evaluate 
compliance and operations under this chapter. These reviews 
shall include a comparison of the waste and inefficiency of 
local governments using funds under this chapter compared to 
waste and inefficiency with other comparable Federal programs.

[Sec. 6719. Reports

    [``(a) Reports by Secretary to Congress.--Before June 2 of 
each year prior to 2002, the Secretary personally shall report 
to the Congress on--
          [``(1) the status and operation of the Local 
        Government Fiscal Assistance Fund during the prior 
        fiscal year; and
          [``(2) the administration of this chapter, including 
        a complete and detailed analysis of--
                  [``(A) actions taken to comply with sections 
                6711 through 6715, including a description of 
                the kind and extent of noncompliance and the 
                status of pending complaints;
                  [``(B) the extent to which units of general 
                local government receiving payments under this 
                chapter have complied with the requirements of 
                this chapter;
                  [``(C) the way in which payments under this 
                chapter have been distributed in the 
                jurisdictions receiving payments; and
                  [``(D) significant problems in carrying out 
                this chapter and recommendations for 
                legislation to remedy the problems.
    [``(b) Reports by Units of General Local Government to 
Secretary.--
          [``(1) In general.--At the end of each fiscal year, 
        each unit of general local government which received a 
        payment under this chapter for the fiscal year shall 
        submit a report to the Secretary. The report shall be 
        submitted in the form and at a time prescribed by the 
        Secretary and shall be available to the public for 
        inspection. The report shall state--
                  [``(A) the amounts and purposes for which the 
                payment has been appropriated, expended, or 
                obligated in the fiscal year;
                  [``(B) the relationship of the payment to the 
                relevant functional items in the budget of the 
                government; and
                  [``(C) the differences between the actual and 
                proposed use of the payment.
          [``(2) Availability of report.--The Secretary shall 
        provide a copy of a report submitted under paragraph 
        (1) by a unit of general local government to the chief 
        executive officer of the State in which the government 
        is located. The Secretary shall provide the report in 
        the manner and form prescribed by the Secretary.

[Sec. 6720. Definitions, application, and administration

    [``(a) Definitions.--In this chapter--
          [``(1) `unit of general local government' means--
                  [``(A) a county, township, city, or political 
                subdivision of a county, township, or city, 
                that is a unit of general 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;
          [``(2) `payment period' means each 1-year period 
        beginning on October 1 of the years 1994 through 2000;
          [``(3) `State and local taxes' means taxes imposed by 
        a State government or unit of general local government 
        or other political subdivision of a State government 
        for public purposes (except employee and employer 
        assessments and contributions to finance retirement and 
        social insurance systems and other special assessments 
        for capital outlay) as determined by the Secretary of 
        Commerce for general statistical purposes;
          [``(4) `State' means any of the several States and 
        the District of Columbia;
          [``(5) `income' means the total money income received 
        from all sources as determined by the Secretary of 
        Commerce for general statistical purposes, which for 
        units of general local government is reported by the 
        Bureau of the Census for 1990 in the publication 
        Summary Social, Economic, and Housing Characteristics;
          [``(6) `per capita income' means--
                  [``(A) in the case of the United States, the 
                income of the United States divided by the 
                population of the United States;
                  [``(B) in the case of a State, the income of 
                that State, divided by the population of that 
                State; and
                  [``(C) in the case of a unit of general local 
                government, the income of that unit of general 
                local government divided by the population of 
                the unit of general local government;
          [``(7) `finding of discrimination' means a decision 
        by the Secretary about a complaint described in section 
        6716(b), a decision by a State or local administrative 
        agency, or other information (under regulations 
        prescribed by the Secretary) that it is more likely 
        than not that a unit of general local government has 
        not complied with section 6711 (a) or (b);
          [``(8) `holding of discrimination' means a holding by 
        a United States court, a State court, or an 
        administrative law judge appointed under section 3105 
        of title 5, United States Code, that a unit of general 
        local government expending amounts received under this 
        chapter has--
                  [``(A) excluded a person in the United States 
                from participating in, denied the person the 
                benefits of, or subjected the person to 
                discrimination under, a program or activity 
                because of race, color, national origin, or 
                sex; or
                  [``(B) violated a prohibition against 
                discrimination described in section 6711(b); 
                and
          [``(9) `Secretary' means the Secretary of Housing and 
        Urban Development.
    [``(b) Delegation of Administration.--The Secretary may 
enter into agreements with other executive branch departments 
and agencies to delegate to that department or agency all or 
part of the Secretary's responsibility for administering this 
chapter.
    [``(c) Treatment of Subsumed Areas.--If the entire 
geographic area of a unit of general local government is 
located in a larger entity, the unit of general local 
government is deemed to be located in the larger entity. If 
only part of the geographic area of a unit is located in a 
larger entity, each part is deemed to be located in the larger 
entity and to be a separate unit of general local government in 
determining allocations under this chapter. Except as provided 
in regulations prescribed by the Secretary, the Secretary shall 
make all data computations based on the ratio of the estimated 
population of the part to the population of the entire unit of 
general local government.
    [``(d) Boundary and Other Changes.--If a boundary line 
change, a State statutory or constitutional change, annexation, 
a governmental reorganization, or other circumstance results in 
the application of sections 6704 through 6708 in a way that 
does not carry out the purposes of sections 6701 through 6708, 
the Secretary shall apply sections 6701 through 6708 under 
regulations of the Secretary in a way that is consistent with 
those purposes.''.
    [(b) Issuance of Regulations.--Within 90 days of the date 
of enactment of this Act the Secretary shall issue regulations, 
which may be interim regulations, to implement subsection (a), 
modifying the regulations for carrying into effect the Revenue 
Sharing Act that were in effect as of July 1, 1987, and that 
were published in 31 C.F.R. part 51. The Secretary need not 
hold a public hearing before issuing these regulations.
    [(c) Deficit Neutrality.--Any appropriation to carry out 
the amendment made by this subtitle to title 31, United States 
Code, for fiscal year 1995 or 1996 shall be offset by cuts 
elsewhere in appropriations for that fiscal year.

[SEC. 31002. TECHNICAL AMENDMENT.

    [The table of chapters at the beginning of subtitle V of 
title 31, United States Code, is amended by adding after the 
item relating to chapter 65 the following:

[``67. Federal payments..........................................6701''.

          [Subtitle K--National Community Economic Partnership

[SEC. 31101. SHORT TITLE.

    [This subtitle may be cited as the ``National Community 
Economic Partnership Act of 1994''.

      [CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

[SEC. 31111. PURPOSE.

    [It is the purpose of this chapter to increase private 
investment in distressed local communities and to build and 
expand the capacity of local institutions to better serve the 
economic needs of local residents through the provision of 
financial and technical assistance to community development 
corporations.

[SEC. 31112. PROVISION OF ASSISTANCE.

    [(a) Authority.--The Secretary of Health and Human Services 
(referred to in this subtitle as the ``Secretary'') may, in 
accordance with this chapter, provide nonrefundable lines of 
credit to community development corporations for the 
establishment, maintenance or expansion of revolving loan funds 
to be utilized to finance projects intended to provide business 
and employment opportunities for low-income, unemployed, or 
underemployed individuals and to improve the quality of life in 
urban and rural areas.
    [(b) Revolving Loan Funds.--
          [(1) Competitive assessment of applications.--In 
        providing assistance under subsection (a), the 
        Secretary shall establish and implement a competitive 
        process for the solicitation and consideration of 
        applications from eligible entities for lines of credit 
        for the capitalization of revolving funds.
          [(2) Eligible entities.--To be eligible to receive a 
        line of credit under this chapter an applicant shall--
                  [(A) be a community development corporation;
                  [(B) prepare and submit an application to the 
                Secretary that shall include a strategic 
                investment plan that identifies and describes 
                the economic characteristics of the target area 
                to be served, the types of business to be 
                assisted and the impact of such assistance on 
                low-income, underemployed, and unemployed 
                individuals in the target area;
                  [(C) demonstrate previous experience in the 
                development of low-income housing or community 
                or business development projects in a low-
                income community and provide a record of 
                achievement with respect to such projects; and
                  [(D) have secured one or more commitments 
                from local sources for contributions (either in 
                cash or in kind, letters of credit or letters 
                of commitment) in an amount thatis at least 
equal to the amount requested in the application submitted under 
subparagraph (B).
          [(3) Exception.--Notwithstanding the provisions of 
        paragraph (2)(D), the Secretary may reduce local 
        contributions to not less than 25 percent of the amount 
        of the line of credit requested by the community 
        development corporation if the Secretary determines 
        such to be appropriate in accordance with section 
        31116.

[SEC. 31113. APPROVAL OF APPLICATIONS.

    [(a) In General.--In evaluating applications submitted 
under section 31112(b)(2)(B), the Secretary shall ensure that--
          [(1) the residents of the target area to be served 
        (as identified under the strategic development plan) 
        would have an income that is less than the median 
        income for the area (as determined by the Secretary);
          [(2) the applicant community development corporation 
        possesses the technical and managerial capability 
        necessary to administer a revolving loan fund and has 
        past experience in the development and management of 
        housing, community and economic development programs;
          [(3) the applicant community development corporation 
        has provided sufficient evidence of the existence of 
        good working relationships with--
                  [(A) local businesses and financial 
                institutions, as well as with the community the 
                corporation proposes to serve; and
                  [(B) local and regional job training 
                programs;
          [(4) the applicant community development corporation 
        will target job opportunities that arise from revolving 
        loan fund investments under this chapter so that 75 
        percent of the jobs retained or created under such 
        investments are provided to--
                  [(A) individuals with--
                          [(i) incomes that do not exceed the 
                        Federal poverty line; or
                          [(ii) incomes that do not exceed 80 
                        percent of the median income of the 
                        area;
                  [(B) individuals who are unemployed or 
                underemployed;
                  [(C) individuals who are participating or 
                have participated in job training programs 
                authorized under the Job Training Partnership 
                Act (29 U.S.C. 1501 et seq.) or the Family 
                Support Act of 1988 (Public Law 100-485);
                  [(D) individuals whose jobs may be retained 
                as a result of the provision of financing 
                available under this chapter; or
                  [(E) individuals who have historically been 
                underrepresented in the local economy; and
          [(5) a representative cross section of applicants are 
        approved, including large and small community 
        development corporations, urban and rural community 
        development corporations and community development 
        corporations representing diverse populations.
  [(b) Priority.--In determining which application to approve 
under this chapter the Secretary shall give priority to those 
applicants proposing to serve a target area--
          [(1) with a median income that does not exceed 80 
        percent of the median for the area (as determined by 
        the Secretary); and
          [(2) with a high rate of unemployment, as determined 
        by the Secretary or in which the population loss is at 
        least 7 percent from April 1, 1980, to April 1, 1990, 
        as reported by the Bureau of the Census.

[SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.

  [(a) Approval of Application.--The Secretary shall provide a 
community development corporation that has an application 
approved under section 31113 with a line of credit in an amount 
determined appropriate by the Secretary, subject to the 
limitations contained in subsection (b).
  [(b) Limitations on Availability of Amounts.--
          [(1) Maximum amount.--The Secretary shall not provide 
        in excess of $2,000,000 in lines of credit under this 
        chapter to a single applicant.
          [(2) Period of availability.--A line of credit 
        provided under this chapter shall remain available over 
        a period of time established by the Secretary, but in 
        no event shall any such period of time be in excess of 
        3 years from the date on which such line of credit is 
        made available.
          [(3) Exception.--Notwithstanding paragraphs (1) and 
        (2), if a recipient of a line of credit under this 
        chapter has made full and productive use of such line 
        of credit, can demonstrate the need and demand for 
        additional assistance, and can meet the requirements of 
        section 31112(b)(2), the amount of such line of credit 
        may be increased by not more than $1,500,000.
  [(c) Amounts Drawn From Line of Credit.--Amounts drawn from 
each line of credit under this chapter shall be used solely for 
the purposes described in section 31111 and shall only be drawn 
down as needed to provide loans, investments, or to defray 
administrative costs related to the establishment of a 
revolving loan fund.
  [(d) Use of Revolving Loan Funds.--Revolving loan funds 
established with lines of credit provided under this chapter 
may be used to provide technical assistance to private business 
enterprises and to provide financial assistance in the form of 
loans, loan guarantees, interest reduction assistance, equity 
shares, and other such forms of assistance to business 
enterprises in target areas and who are in compliance with 
section 31113(a)(4).

[SEC. 31115. LIMITATIONS ON USE OF FUNDS.

  [(a) Matching Requirement.--Not to exceed 50 percent of the 
total amount to be invested by an entity under this chapter may 
be derived from funds made available from a line of credit 
under this chapter.
  [(b) Technical Assistance and Administration.--Not to exceed 
10 percent of the amounts available from a line of credit under 
this chapter shall be used for the provision of training or 
technical assistance and for the planning, development, and 
management of economic development projects. Community 
development corporations shall be encouraged by the Secretary 
to seek technical assistance from other community development 
corporations, with expertise in the planning, development and 
management of economic development projects. The Secretary 
shall assist in the identification and facilitation of such 
technical assistance.
  [(c) Local and Private Sector Contributions.--To receive 
funds available under a line of credit provided under this 
chapter, an entity, using procedures established by the 
Secretary, shall demonstrate to the community development 
corporation that such entity agrees to provide local and 
private sector contributions in accordance with section 
31112(b)(2)(D), will participate with such community 
development corporation in a loan, guarantee or investment 
program for a designated business enterprise, and that the 
total financial commitment to be provided by such entity is at 
least equal to the amount to be drawn from the line of credit.
  [(d) Use of Proceeds From Investments.--Proceeds derived from 
investments made using funds made available under this chapter 
may be used only for the purposes described in section 31111 
and shall be reinvested in the community in which they were 
generated.

[SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.

  [(a) In General.--The Secretary shall give priority in 
providing lines of credit under this chapter to community 
development corporations that propose to undertake economic 
development activities in distressed communities that target 
women, Native Americans, at risk youth, farmworkers, 
population-losing communities, very low-income communities, 
single mothers, veterans, and refugees; or that expand employee 
ownership of private enterprises and small businesses, and to 
programs providing loans of not more than $35,000 to very small 
business enterprises.
  [(b) Reservation of Funds.--Not less than 5 percent of the 
amounts made available under section 31112(a)(2)(A) may be 
reserved to carry out the activities described in subsection 
(a).

        [CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

[SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION 
            IMPROVEMENT GRANTS.
  [(a) Purpose.--It is the purpose of this section to provide 
assistance to community development corporations to upgrade the 
management and operating capacity of such corporations and to 
enhance the resources available to enable such corporations to 
increase their community economic development activities.
  [(b) Skill Enhancement Grants.--
          [(1) In general.--The Secretary shall award grants to 
        community development corporations to enable such 
        corporations to attain or enhance the business 
        management and development skills of the individuals 
        that manage such corporations to enable such 
        corporations to seek the public and private resources 
        necessary to develop community economic development 
        projects.
          [(2) Use of funds.--A recipient of a grant under 
        paragraph (1) may use amounts received under such 
        grant--
                  [(A) to acquire training and technical 
                assistance from agencies or institutions that 
                have extensive experience in the development 
                and management of low-income community economic 
                development projects; or
                  [(B) to acquire such assistance from other 
                highly successful community development 
                corporations.
  [(c) Operating Grants.--
          [(1) In general.--The Secretary shall award grants to 
        community development corporations to enable such 
        corporations to support an administrative capacity for 
        the planning, development, and management of low-income 
        community economic development projects.
          [(2) Use of funds.--A recipient of a grant under 
        paragraph (1) may use amounts received under such 
        grant--
                  [(A) to conduct evaluations of the 
                feasibility of potential low-income community 
                economic development projects that address 
                identified needs in the low-income community 
                and that conform to those projects and 
                activities permitted under subtitle A;
                  [(B) to develop a business plan related to 
                such a potential project; or
                  [(C) to mobilize resources to be contributed 
                to a planned low-income community economic 
                development project or strategy.
  [(d) Applications.--A community development corporation that 
desires to receive a grant under this section shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require.
  [(e) Amount Available for a Community Development 
Corporation.--Amounts provided under this section to a 
community development corporation shall not exceed $75,000 per 
year. Such corporations may apply for grants under this section 
for up to 3 consecutive years, except that such corporations 
shall be required to submit a new application for each grant 
for which such corporation desires to receive and compete on 
the basis of such applications in the selection process.
[SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION 
            REVOLVING LOAN FUNDS.
  [(a) Authority.--The Secretary may award grants to emerging 
community development corporations to enable such corporations 
to establish, maintain or expand revolving loan funds, to make 
or guarantee loans, or to make capital investments in new or 
expanding local businesses.
  [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
          [(1) be a community development corporation;
          [(2) have completed not less than one nor more than 
        two community economic development projects or related 
        projects that improve or provide job and employment 
        opportunities to low-income individuals;
          [(3) prepare and submit to the Secretary an 
        application at such time, in such manner, and 
        containing such information as the Secretary may 
        require, including a strategic investment plan that 
        identifies and describes the economic characteristics 
        of the target area to be served, the types of business 
        to be assisted using amounts received under the grant 
        and the impact of such assistance on low-income 
        individuals; and
          [(4) have secured one or more commitments from local 
        sources for contributions (either in cash or in kind, 
        letters of credit, or letters of commitment) in an 
        amount that is equal to at least 10 percent of the 
        amounts requested in the application submitted under 
        paragraph (2).
  [(c) Use of the Revolving Loan Fund.--
          [(1) In general.--A revolving loan fund established 
        or maintained with amounts received under this section 
        may be utilized to provide financial and technical 
        assistance, loans, loan guarantees or investments to 
        private business enterprises to--
                  [(A) finance projects intended to provide 
                business and employment opportunities for low-
                income individuals and to improve the quality 
                of life in urban and rural areas; and
                  [(B) build and expand the capacity of 
                emerging community development corporations and 
                serve the economic needs of local residents.
          [(2) Technical assistance.--The Secretary shall 
        encourage emerging community development corporations 
        that receive grants under this section to seek 
        technical assistance from established community 
        development corporations, with expertise in the 
        planning, development and management of economic 
        development projects and shall facilitate the receipt 
        of such assistance.
          [(3) Limitation.--Not to exceed 10 percent of the 
        amounts received under this section by a grantee shall 
        be used for training, technical assistance and 
        administrative purposes.
    [(d) Use of Proceeds From Investments.--Proceeds derived 
from investments made with amounts provided under this section 
may be utilized only for the purposes described in this 
subtitle and shall be reinvested in the community in which they 
were generated.
    [(e) Amounts Available.--Amounts provided under this 
section to a community development corporation shall not exceed 
$500,000 per year.

                  [CHAPTER 3--MISCELLANEOUS PROVISIONS

[SEC. 31131. DEFINITIONS.

    [As used in this subtitle:
          [(1) Community development corporation.--The term 
        ``community development corporation'' means a private, 
        nonprofit corporation whose board of directors is 
        comprised of business, civic and community leaders, and 
        whose principal purpose includes the provision of low-
        income housing or community economic development 
        projects that primarily benefit low-income individuals 
        and communities.
          [(2) Local and private sector contribution.--The term 
        ``local and private sector contribution'' means the 
        funds available at the local level (by private 
        financial institutions, State and local governments) or 
        by any private philanthropic organization and private, 
        nonprofit organizations that will be committed and used 
        solely for the purpose of financing private business 
        enterprises in conjunction with amounts provided under 
        this subtitle.
          [(3) Population-losing community.--The term 
        ``population-losing community'' means any county in 
        which the net population loss is at least 7 percent 
        from April 1, 1980 to April 1, 1990, as reported by the 
        Bureau of the Census.
          [(4) Private business enterprise.--The term ``private 
        business enterprise'' means any business enterprise 
        that is engaged in the manufacture of a product, 
        provision of a service, construction or development of 
        a facility, or that is involved in some other 
        commercial, manufacturing or industrial activity, and 
        that agrees to target job opportunities stemming from 
        investments authorized under this subtitle to certain 
        individuals.
          [(5) Target area.--The term ``target area'' means any 
        area defined in an application for assistance under 
        this subtitle that has a population whose income does 
        not exceed the median for the area within which the 
        target area is located.
          [(6) Very low-income community.--The term ``very low-
        income community'' means a community in which the 
        median income of the residents of such community does 
        not exceed 50 percent of the median income of the area.

SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out chapters 1 and 2--
          [(1) $45,000,000 for fiscal year 1996;
          [(2) $72,000,000 for fiscal year 1997;
          [(3) $76,500,000 for fiscal year 1998; and
          [(4) $76,500,000 for fiscal year 1999.
    [(b) Earmarks.--Of the aggregate amount appropriated under 
subsection (a) for each fiscal year--
          [(1) 60 percent shall be available to carry out 
        chapter 1; and
          [(2) 40 percent shall be available to carry out 
        chapter 2.
    [(c) Amounts.--Amounts appropriated under subsection (a) 
shall remain available for expenditure without fiscal year 
limitation.

[SEC. 31133. PROHIBITION.

    [None of the funds authorized under this subtitle shall be 
used to finance the construction of housing.

            [Subtitle O--Urban Recreation and At-Risk Youth

[SEC. 31501. PURPOSE OF ASSISTANCE.

    [Section 1003 of the Urban Park and Recreation Recovery Act 
of 1978 is amended by adding the following at the end: ``It is 
further the purpose of this title to improve recreation 
facilities and expand recreation services in urban areas with a 
high incidence of crime and to help deter crime through the 
expansion of recreation opportunities for at-risk youth. It is 
the further purpose of this section to increase the security of 
urban parks and to promote collaboration between local agencies 
involved in parks and recreation, law enforcement, youth social 
services, and juvenile justice system.''.

[SEC. 31502. DEFINITIONS.

    [Section 1004 of the Urban Park and Recreation Recovery Act 
of 1978 is amended by inserting the following new subsection 
after subsection (c) and by redesignating subsections (d) 
through (j) as (e) through (k), respectively:
    [``(d) `at-risk youth recreation grants' means--
          [``(1) rehabilitation grants,
          [``(2) innovation grants, or
                  [``(3) matching grants for continuing program 
                support for programs of demonstrated value or 
                success in providing constructive alternatives 
                to youth at risk for engaging in criminal 
                behavior, including grants for operating, or 
                coordinating recreation programs and services;
[in neighborhoods and communities with a high prevalence of 
crime, particularly violent crime or crime committed by 
youthful offenders; in addition to the purposes specified in 
subsection (b), rehabilitation grants referred to in paragraph 
(1) of this subsection may be used for the provision of 
lighting, emergency phones or other capital improvements which 
will improve the security of urban parks;''.

[SEC. 31503. CRITERIA FOR SELECTION.

    [Section 1005 of the Urban Park and Recreation Recovery Act 
of 1978 is amended by striking ``and'' at the end of paragraph 
(6), by striking the period at the end of paragraph (7) and 
inserting ``; and'' and by adding the following at the end:
          [``(8) in the case of at-risk youth recreation 
        grants, the Secretary shall give a priority to each of 
        the following criteria:
                  [``(A) Programs which are targeted to youth 
                who are at the greatest risk of becoming 
                involved in violence and crime.
                  [``(B) Programs which teach important values 
                and life skills, including teamwork, respect, 
                leadership, and self-esteem.
                  [``(C) Programs which offer tutoring, 
                remedial education, mentoring, and counseling 
                in addition to recreation opportunities.
                  [``(D) Programs which offer services during 
                late night or other nonschool hours.
                  [``(E) Programs which demonstrate 
                collaboration between local park and 
                recreation, juvenile justice, law enforcement, 
                and youth social service agencies and 
                nongovernmental entities, including the private 
                sector and community and nonprofit 
                organizations.
                  [``(F) Programs which leverage public or 
                private recreation investments in the form of 
                services, materials, or cash.
                  [``(G) Programs which show the greatest 
                potential of being continued with non-Federal 
                funds or which can serve as models for other 
                communities.''.

[SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

    [Section 1007(b) of the Urban Park and Recreation Recovery 
Act of 1978 is amended by adding the following at the end: ``In 
order to be eligible to receive `at-risk youth recreation 
grants' a local government shall amend its 5-year action 
program to incorporate the goal of reducing crime and juvenile 
delinquency and to provide a description of the implementation 
strategies to achieve this goal. The plan shall also address 
how the local government is coordinating its recreation 
programs with crime prevention efforts and law enforcement, 
juvenile corrections, and youth social service agencies.''.

[SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

    [(a) Program Support.--Section 1013 of the Urban Park and 
Recreation Recovery Act of 1978 is amended by inserting ``(a) 
In General.--'' after ``1013'' and by adding the following new 
subsection at the end:
    [``(b) Program Support.--Not more than 25 percent of the 
amounts made available under this title to any local government 
may be used for program support.''.
    [(b) Extension.--Section 1003 of the Urban Park and 
Recreation Recovery Act of 1978 is amended by striking ``for a 
period of five years'' and by striking ``short-term''.
    [(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subtitle--
          [(1) $2,700,000 for fiscal year 1996;
          [(2) $450,000 for fiscal year 1997;
          [(3) $450,000 for fiscal year 1998;
          [(4) $450,000 for fiscal year 1999; and
          [(5) $450,000 for fiscal year 2000.

      [Subtitle Q--Community-Based Justice Grants for Prosecutors

[SEC. 31701. GRANT AUTHORIZATION.

    [(a) In General.--The Attorney General may make grants to 
State, Indian tribal, or local prosecutors for the purpose of 
supporting the creation or expansion of community-based justice 
programs.
    [(b) Consultation.--The Attorney General may consult with 
the Ounce of Prevention Council in making grants under 
subsection (a).

[SEC. 31702. USE OF FUNDS.

    [Grants made by the Attorney General under this section 
shall be used--
          [(1) to fund programs that require the cooperation 
        and coordination of prosecutors, school officials, 
        police, probation officers, youth and social service 
        professionals, and community members in the effort to 
        reduce the incidence of, and increase the successful 
        identification and speed of prosecution of, young 
        violent offenders;
          [(2) to fund programs in which prosecutors focus on 
        the offender, not simply the specific offense, and 
        impose individualized sanctions, designed to deter that 
        offender from further antisocial conduct, and impose 
        increasingly serious sanctions on a young offender who 
        continues to commit offenses;
          [(3) to fund programs that coordinate criminal 
        justice resources with educational, social service, and 
        community resources to develop and deliver violence 
        prevention programs, including mediation and other 
        conflict resolution methods, treatment, counseling, 
        educational, and recreational programs that create 
        alternatives to criminal activity; and
          [(4) in rural States (as defined in section 1501(b) 
        of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796bb(B)), to fund 
        cooperative efforts between State and local 
        prosecutors, victim advocacy and assistance groups, 
        social and community service providers, and law 
        enforcement agencies to investigate and prosecute child 
        abuse cases, treat youthful victims of child abuse, and 
        work in cooperation with the community to develop 
        education and prevention strategiesdirected toward the 
issues with which such entities are concerned.

[SEC. 31703. APPLICATIONS.

  [(a) Eligibility.--In order to be eligible to receive a grant 
under this part for any fiscal year, a State, Indian tribal, or 
local prosecutor, in conjunction with the chief executive 
officer of the jurisdiction in which the program will be 
placed, shall submit an application to the Attorney General in 
such form and containing such information as the Attorney 
General may reasonably require.
  [(b) Requirements.--Each applicant shall include--
          [(1) a request for funds for the purposes described 
        in section 31702;
          [(2) a description of the communities to be served by 
        the grant, including the nature of the youth crime, 
        youth violence, and child abuse problems within such 
        communities;
          [(3) assurances that Federal funds received under 
        this part shall be used to supplement, not supplant, 
        non-Federal funds that would otherwise be available for 
        activities funded under this section; and
          [(4) statistical information in such form and 
        containing such information that the Attorney General 
        may require.
  [(c) Comprehensive Plan.--Each applicant shall include a 
comprehensive plan that shall contain--
          [(1) a description of the youth violence or child 
        abuse crime problem;
          [(2) an action plan outlining how the applicant will 
        achieve the purposes as described in section 31702;
          [(3) a description of the resources available in the 
        community to implement the plan together with a 
        description of the gaps in the plan that cannot be 
        filled with existing resources; and
          [(4) a description of how the requested grant will be 
        used to fill gaps.

[SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

  [(a) Administrative Cost Limitation.--The Attorney General 
shall use not more than 5 percent of the funds available under 
this program for the purposes of administration and technical 
assistance.
  [(b) Renewal of Grants.--A grant under this part may be 
renewed for up to 2 additional years after the first fiscal 
year during which the recipient receives its initial grant 
under this part, subject to the availability of funds, if--
          [(1) the Attorney General determines that the funds 
        made available to the recipient during the previous 
        years were used in a manner required under the approved 
        application; and
          [(2) the Attorney General determines that an 
        additional grant is necessary to implement the 
        community prosecution program described in the 
        comprehensive plan required by section 31703.

[SEC. 31705. AWARD OF GRANTS.

  [The Attorney General shall consider the following facts in 
awarding grants:
          [(1) Demonstrated need and evidence of the ability to 
        provide the services described in the plan required 
        under section 31703.
          [(2) The Attorney General shall attempt, to the 
        extent practicable, to achieve an equitable geographic 
        distribution of grant awards.

[SEC. 31706. REPORTS.

  [(a) Report to Attorney General.--State and local prosecutors 
that receive funds under this subtitle shall submit to the 
Attorney General a report not later than March 1 of each year 
that describes progress achieved in carrying out the plan 
described under section 31703(c).
  [(b) Report to Congress.--The Attorney General shall submit 
to the Congress a report by October 1 of each year in which 
grants are made available under this subtitle which shall 
contain a detailed statement regarding grant awards, activities 
of grant recipients, a compilation of statistical information 
submitted by applicants, and an evaluation of programs 
established under this subtitle.

[SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
subtitle--
          [(1) $7,000,000 for fiscal year 1996;
          [(2) $10,000,000 for fiscal year 1997;
          [(3) $10,000,000 for fiscal year 1998;
          [(4) $11,000,000 for fiscal year 1999; and
          [(5) $12,000,000 for fiscal year 2000.

[SEC. 31708. DEFINITIONS.

  [In this subtitle--
          [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and 
        the United States Virgin Islands.
          [``young violent offenders'' means individuals, ages 
        7 through 22, who have committed crimes of violence, 
        weapons offenses, drug distribution, hate crimes and 
        civil rights violations, and offenses against personal 
        property of another.

            [Subtitle S--Family Unity Demonstration Project

[SEC. 31901. SHORT TITLE.

  [This subtitle may be cited as the ``Family Unity 
Demonstration Project Act''.

[SEC. 31902. PURPOSE.

  [The purpose of this subtitle is to evaluate the 
effectiveness of certain demonstration projects in helping to--
          [(1) alleviate the harm to children and primary 
        caretaker parents caused by separation due to the 
        incarceration of the parents;
          [(2) reduce recidivism rates of prisoners by 
        encouraging strong and supportive family relationships; 
        and
          [(3) explore the cost effectiveness of community 
        correctional facilities.

[SEC. 31903. DEFINITIONS.

  [In this subtitle--
          [``child'' means a person who is less than 7 years of 
        age.
          [``community correctional facility'' means a 
        residential facility that--
                  [(A) is used only for eligible offenders and 
                their children under 7 years of age;
                  [(B) is not within the confines of a jail or 
                prison;
                  [(C) houses no more than 50 prisoners in 
                addition to their children; and
                  [(D) provides to inmates and their children--
                          [(i) a safe, stable, environment for 
                        children;
                          [(ii) pediatric and adult medical 
                        care consistent with medical standards 
                        for correctional facilities;
                          [(iii) programs to improve the 
                        stability of the parent-child 
                        relationship, including educating 
                        parents regarding--
                                  [(I) child development; and
                                  [(II) household management;
                          [(iv) alcoholism and drug addiction 
                        treatment for prisoners; and
                          [(v) programs and support services to 
                        help inmates--
                                  [(I) to improve and maintain 
                                mental and physical health, 
                                including access to counseling;
                                  [(II) to obtain adequate 
                                housing upon release from State 
                                incarceration;
                                  [(III) to obtain suitable 
                                education, employment, or 
                                training for employment; and
                                  [(IV) to obtain suitable 
                                child care.
          [``eligible offender'' means a primary caretaker 
        parent who--
                  [(A) has been sentenced to a term of 
                imprisonment of not more than 7 years or is 
                awaiting sentencing for a conviction punishable 
                by such a term of imprisonment; and
                  [(B) has not engaged in conduct that--
                          [(i) knowingly resulted in death or 
                        serious bodily injury;
                          [(ii) is a felony for a crime of 
                        violence against a person; or
                          [(iii) constitutes child neglect or 
                        mental, physical, or sexual abuse of a 
                        child.
          [``primary caretaker parent'' means--
                  [(A) a parent who has consistently assumed 
                responsibility for the housing, health, and 
                safety of a child prior to incarceration; or
                  [(B) a woman who has given birth to a child 
                after or while awaiting her sentencing hearing 
                and who expresses a willingness to assume 
                responsibility for the housing, health, and 
                safety of that child,
        [a parent who, in the best interest of a child, has 
        arranged for the temporary care of the child in the 
        home of a relative or other responsible adult shall not 
        for that reason be excluded from the category ``primary 
        caretaker''.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

[SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization.--There are authorized to be appropriated 
to carry out this subtitle--
          [(1) $3,600,000 for fiscal year 1996;
          [(2) $3,600,000 for fiscal year 1997;
          [(3) $3,600,000 for fiscal year 1998;
          [(4) $3,600,000 for fiscal year 1999; and
          [(5) $5,400,000 for fiscal year 2000.
  [(b) Availability of Appropriations.--Of the amount 
appropriated under subsection (a) for any fiscal year--
          [(1) 90 percent shall be available to carry out 
        chapter 1; and
          [(2) 10 percent shall be available to carry out 
        chapter 2.

                      [CHAPTER 1--GRANTS TO STATES

[SEC. 31911. AUTHORITY TO MAKE GRANTS.

  [(a) General Authority.--The Attorney General may make 
grants, on a competitive basis, to States to carry out in 
accordance with this subtitle family unity demonstration 
projects that enable eligible offenders to live in community 
correctional facilities with their children.
  [(b) Preferences.--For the purpose of making grants under 
subsection (a), the Attorney General shall give preference to a 
State that includes in the application required by section 
31912 assurances that if the State receives a grant--
          [(1) both the State corrections agency and the State 
        health and human services agency will participate 
        substantially in, and cooperate closely in all aspects 
        of, the development and operation of the family unity 
        demonstration project for which such a grant is 
        requested;
          [(2) boards made up of community members, including 
        residents, local businesses, corrections officials, 
        former prisoners, child development professionals, 
        educators, and maternal and child health professionals 
        will be established to advise the State regarding the 
        operation of such project;
          [(3) the State has in effect a policy that provides 
        for the placement of all prisoners, whenever possible, 
        in correctional facilities for which they qualify that 
        are located closest to their respective family homes;
          [(4) unless the Attorney General determines that a 
        longer timeline is appropriate in a particular case, 
        the State will implement the project not later than 180 
        days after receiving a grant under subsection (a) and 
        will expend all of the grant during a 1-year period;
          [(5) the State has the capacity to continue 
        implementing a community correctional facility beyond 
        the funding period to ensure the continuity of the 
        work;
          [(6) unless the Attorney General determines that a 
        different process for selecting participants in a 
        project is desirable, the State will--
                  [(A) give written notice to a prisoner, not 
                later than 30 days after the State first 
                receives a grant under subsection (a) or 30 
                days after the prisoner is sentenced to a term 
                of imprisonment of not more than 7 years 
                (whichever is later), of the proposed or 
                current operation of the project;
                  [(B) accept at any time at which the project 
                is in operation an application by a prisoner to 
                participate in the project if, at the time of 
                application, the remainder of the prisoner's 
                sentence exceeds 180 days;
                  [(C) review applications by prisoners in the 
                sequence in which the State receives such 
                applications; and
                  [(D) not more than 50 days after reviewing 
                such applications approve or disapprove the 
                application; and
          [(7) for the purposes of selecting eligible offenders 
        to participate in such project, the State has 
        authorized State courts to sentence an eligible 
        offender directly to a community correctional facility, 
        provided that the court gives assurances that the 
        offender would have otherwise served a term of 
        imprisonment.
  [(c) Selection of Grantees.--The Attorney General shall make 
grants under subsection (a) on a competitive basis, based on 
such criteria as the Attorney General shall issue by rule and 
taking into account the preferences described in subsection 
(b).

[SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

  [To be eligible to receive a grant under section 31911, a 
State shall submit to the Attorney General an application at 
such time, in such form, and containing such information as the 
Attorney General reasonably may require by rule.

[SEC. 31913. REPORT.

  [(a) In General.--A State that receives a grant under this 
title shall, not later than 90 days after the 1-year period in 
which the grant is required to be expended, submit a report to 
the Attorney General regarding the family unity demonstration 
project for which the grant was expended.
  [(b) Contents.--A report under subsection (a) shall--
          [(1) state the number of prisoners who submitted 
        applications to participate in the project and the 
        number of prisoners who were placed in community 
        correctional facilities;
          [(2) state, with respect to prisoners placed in the 
        project, the number of prisoners who are returned to 
        that jurisdiction and custody and the reasons for such 
        return;
          [(3) describe the nature and scope of educational and 
        training activities provided to prisoners participating 
        in the project;
          [(4) state the number, and describe the scope of, 
        contracts made with public and nonprofit private 
        community-based organizations to carry out such 
        project; and
          [(5) evaluate the effectiveness of the project in 
        accomplishing the purposes described in section 31902.

  [CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

[SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.

  [(a) In General.--With the funds available to carry out this 
subtitle for the benefit of Federal prisoners, the Attorney 
General, acting through the Director of the Bureau of Prisons, 
shall select eligible prisoners to live in community 
correctional facilities with their children.
  [(b) General Contracting Authority.--In implementing this 
title, the Attorney General may enter into contracts with 
appropriate public or private agencies to provide housing, 
sustenance, services, and supervision of inmates eligible for 
placement in community correctional facilities under this 
title.
  [(c) Use of State Facilities.--At the discretion of the 
Attorney General, Federal participants may be placed in State 
projects as defined in chapter 1. For such participants, the 
Attorney General shall, with funds available under section 
31904(b)(2), reimburse the State for all project costs related 
to the Federal participant's placement, including 
administrative costs.

[SEC. 31922. REQUIREMENTS.

  [For the purpose of placing Federal participants in a family 
unity demonstration project under section 31921, the Attorney 
General shall consult with the Secretary of Health and Human 
Services regarding the development and operation of the 
project.]
          * * * * * * *

           Subtitle X--Gang Resistance Education and Training

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.

  (a) Establishment of Projects.--
          (1) In general.--The Secretary of the Treasury shall 
        establish not less than 50 Gang Resistance Education 
        and Training (GREAT) projects, to be located in 
        communities across the country, in addition to the 
        number of projects currently funded.
          [(2) Selection of communities.--Communities 
        identified for such GREAT projects shall be selected by 
        the Secretary of the Treasury on the basis of gang-
        related activity in that particular community.]
          (2) Selection of communities.--
                  (A) In general.--Each community identified 
                for a GREAT project referred to in paragraph 
                (1) shall be selected by the Secretary of the 
                Treasury on the basis of--
                          (i) the level of gang activity and 
                        youth violence in the area in which the 
                        community is located;
                          (ii) the number of schools in the 
                        community in which training would be 
                        provided under the project;
                          (iii) the number of students who 
                        would receive the training referred to 
                        in clause (ii) in schools referred to 
                        in that clause; and
                          (iv) a written description from 
                        officials of the community explaining 
                        the manner in which funds made 
                        available to the community under this 
                        section would be allocated.
                  (B) Equitable selection.--The Secretary of 
                the Treasury shall ensure that--
                          (i) communities are identified and 
                        selected for GREAT projects under this 
                        subsection on an equitable geographic 
                        basis (except that this clause shall 
                        not be construed to require the 
                        termination of any projects selected 
                        prior to the beginning of fiscal year 
                        1998); and
                          (ii) the communities referred to in 
                        clause (i) include rural communities.
          (3) Amount of assistance per project; allocation.--
        The Secretary of the Treasury shall make available not 
        less than $800,000 per project, subject to the 
        availability of appropriations, and such funds shall be 
        allocated--
                  (A) [50 percent] 85 percent to the affected 
                State and local law enforcement and prevention 
                organizations participating in such projects; 
                and
                  (B) [50 percent] 15 percent to the Bureau of 
                Alcohol, Tobacco and Firearms for salaries, 
                expenses, and associated administrative costs 
                for operating and overseeing such projects.
          * * * * * * *

TITLE XXVI--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
                CRIME PREVENTION AND CONTROL  REPEALED]

          * * * * * * *

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) * * *
  (b) Transfers Into the Fund.--On the first day of the 
following fiscal years (or as soon thereafter as possible for 
fiscal year 1995), the following amounts shall be transferred 
from the general fund to the Fund--
          (1) for fiscal year 1995, $2,423,000,000;
          (2) for fiscal year 1996, $4,287,000,000;
          (3) for fiscal year 1997, $5,000,000,000;
          (4) for fiscal year 1998, $5,500,000,000;
          (5) for fiscal year 1999, $6,500,000,000; [and]
          (6) for fiscal year 2000, $6,500,000,000;
          (7) for fiscal year 2001, $750,000,000; and
          (8) for fiscal year 2002, $750,000,000.
          * * * * * * *

             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

         (As amended through Public Law 103-282--Oct. 20, 1994)

                     TITLE XIV--GENERAL PROVISIONS

          * * * * * * *

                        ``PART F--GUN POSSESSION

[``SEC. 14601. GUN-FREE REQUIREMENTS.

    [``(a) Short Title.--This section may be cited as the `Gun-
Free Schools Act of 1994'.
    [``(b) Requirements.--
          [``(1) In general.--Except as provided in paragraph 
        (3), each State receiving Federal funds under this Act 
        shall have in effect a State law requiring local 
        educational agencies to expel from school for a period 
        of not less than one year a student who is determined 
        to have brought a weapon to a school under the 
        jurisdiction of local educational agencies in that 
        State, except that such State law shall allow the chief 
        administering officer of such local educational agency 
        to modify such expulsion requirement for a student on a 
        case-by-case basis.
          [``(2) Construction.--Nothing in this title shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          [``(3) Special rule.--(A) Any State that has a law in 
        effect prior to the date of enactment of the Improving 
        America's Schools Act of 1994 which is in conflict with 
        the not less than one year expulsion requirement 
        described in paragraph (1) shall have the period of 
        time described in subparagraph (B) to comply with such 
        requirement.
          [``(B) The period of time shall be the period 
        beginning on the date of enactment of the Improving 
        America's Schools Act and ending one year after such 
        date.
          [``(4) Definition.--For the purpose of this section, 
        the term `weapon' means a firearm as such term is 
        defined in section 921 of title 18, United States Code.
    [``(c) Special Rule.--The provisions of this section shall 
be construed in a manner consistent with the Individuals with 
Disabilities Education Act.
    [``(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under 
this Act shall provide to the State, in the application 
requesting such assistance--
          [``(1) an assurance that such local educational 
        agency is in compliance with the State law required by 
        subsection (b); and
          [``(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  [``(A) the name of the school concerned;
                  [``(B) the number of students expelled from 
                such school; and
                  [``(C) the type of weapons concerned.
    [``(e) Reporting.--Each State shall report the information 
described in subsection (c) to the Secretary on an annual 
basis.
    [``(f) Report to Congress.--Two years after the date of 
enactment of the Improving America's Schools Act of 1994, the 
Secretary shall report to Congress if any State is not in 
compliance with the requirements of this title.

[``SEC. 14602.  POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    [``(a) In General.--No funds shall be made available under 
this Act to any local educational agency unless such agency has 
a policy requiring referral to the criminal justice or juvenile 
delinquency system of any student who brings a firearm or 
weapon to a school served by such agency.
    [``(b) Definitions.--For the purpose of this section, the 
terms `firearm' and `school' have the same meaning given to 
such terms by section 921(a) of title 18, United States Code.

[``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

    [``The Secretary shall--
          [``(1) widely disseminate the policy of the 
        Department in effect on the date of enactment of the 
        Improving America's Schools Act of 1994 with respect to 
        disciplining children with disabilities;
          [``(2) collect data on the incidence of children with 
        disabilities (as such term is defined in section 
        602(a)(1) of the Individuals With Disabilities 
        Education Act) engaging in life threatening behavior or 
        bringing weapons to schools; and
          [``(3) submit a report to Congress not later than 
        January 31, 1995, analyzing the strengths and problems 
        with the current approaches regarding disciplining 
        children with disabilities.]

   PART F--ILLEGAL DRUG AND GUN POSSESSION AND POSSESSION OF TOBACCO 
                    PRODUCTS OR ALCOHOLIC BEVERAGES

SEC. 14601. DRUG-FREE, GUN-FREE, TOBACCO-FREE, AND ALCOHOL-FREE 
                    REQUIREMENTS.

  (a) Short Title.--This section may be cited as the `Safe 
Schools Act of 1997'.
  (b) Requirements.--
          (1) In general.--Except as provided in paragraph (2), 
        each State receiving Federal funds under this Act shall 
        have in effect a State law requiring local educational 
        agencies to expel from school--
                  (A) for a period of not less than 1 year a 
                student who is determined--
                          (i) to be in possession of an illegal 
                        drug (in a quantity that indicates an 
                        intent to distribute as determined by 
                        State law), or illegal drug 
                        paraphernalia, on school property under 
                        the jurisdiction of, or on a vehicle 
                        operated by an employee or agent of, a 
                        local educational agency in that State; 
                        or
                          (ii) to have brought a [weapon] 
                        dangerous weapon to a school under the 
                        jurisdiction of a local educational 
                        agency in that State;
                  (B) for a period of not more than 6 months 
                and not less than 1 week a student who is 
                determined to be in possession of an illegal 
                drug (in a quantity that does not indicate an 
                intent to distribute as determined by State 
                law), on school property under the jurisdiction 
                of, or on a vehicle operated by an employee or 
                agent of, a local educational agency in that 
                State; and
                  (C) for a period of not more than 6 months a 
                student who is determined to have, while not 
                having attained the age of 18 and on a regular 
                basis (as determined by the State), used or 
                possessed 1 or more tobacco products or 
                alcoholic beverages on school property under 
                the jurisdiction of, or on a vehicle operated 
                by an employee or agent of, a local educational 
                agency in that State.
          (2) Exceptions.--The State law described in paragraph 
        (1)--
                  (A) shall not apply to students served under 
                the Individuals with Disabilities Education Act 
                (20 U.S.C. 1400 et seq.); and
                  (B) shall allow the chief administering 
                officer of a local educational agency to modify 
                the expulsion requirement for a student on a 
                case-by-case basis or to ensure that the 
                requirement takes into account applicable State 
                law.
          (3) Construction.--Nothing in this title shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          [(4) Definition of weapon.--In this section, the term 
        ``weapon'' has the meaning given the term ``firearm'' 
        in section 921(a) of title 18, United States Code.]
  (c) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under 
this Act shall provide to the State, in the application 
requesting such assistance--
          (1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
          (2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  (A) the name of the school concerned;
                  (B) the number of students expelled from such 
                school; and
                  (C) the type of illegal drugs, illegal drug 
                paraphernalia, [weapons] dangerous weapons, 
                tobacco products, or alcoholic beverages 
                concerned.
  (d) Reporting.--Each State shall report the information 
described in subsection (c) to the Secretary on an annual 
basis.
  (e) Report to Congress.--Two years after the date of 
enactment of the Safe Schools Act of 1997, the Secretary shall 
report to Congress with respect to any State that is not in 
compliance with the requirements of this part.

SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    (a) In General.--No funds shall be made available under 
this Act to any local educational agency unless such agency has 
a policy requiring referral to the criminal justice or juvenile 
delinquency system of any student who is in possession of an 
illegal drug, or illegal drug paraphernalia, on school property 
under the jurisdiction of, or on a vehicle operated by an 
employee or agent of, such agency, or who brings a [firearm or 
weapon] to a school served by such agency.
    [(b) Definitions.--In this section, the terms ``firearm'' 
and ``school'' have the meanings given those terms in section 
921(a) of title 18, United States Code.]
    (b) Definition of School.--In this section, the term 
``school'' has the meaning given that term in section 921(a) of 
title 18, United States Code.

SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

    The Secretary shall--
          (1) widely disseminate the policy of the Department 
        in effect on the date of enactment of the Safe Schools 
        Act of 1997 with respect to disciplining children with 
        disabilities;
          (2) collect data on the incidence of children with 
        disabilities (as that term is defined in section 
        602(a)(1) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1401(a)(1))) possessing 
        illegal drugs or illegal drug paraphernalia, or using 
        or possessing, on a regular basis (as determined by the 
        appropriate State), tobacco products, or alcoholic 
        beverages on school property under the jurisdiction of, 
        or on a vehicle operated by an employee or agent of, a 
        local educational agency, engaging in life threatening 
        behavior at school, or bringing weapons to schools; and
          (3) submit a report to Congress not later than 1 year 
        after the date of enactment of the Safe Schools Act of 
        1997 analyzing the strengths and problems with the 
        current approaches regarding disciplining children with 
        disabilities.

SEC. 14604. DEFINITIONS.

    In this part:
          (1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' includes any beverage in liquid form that 
        contains not less than \1/2\ of 1 percent of alcohol by 
        volume and is intended for human consumption.
          (2) Illegal drug.--
                  (A) In general.--The term ``illegal drug'' 
                means a controlled substance (as that term is 
                defined in section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(6))), the 
                possession of which is unlawful under such Act 
                (21 U.S.C. 801 et seq.) or the Controlled 
                Substances Import and Export Act (21 U.S.C. 951 
                et seq.).
                  (B) Exclusion.--The term ``illegal drug'' 
                does not mean a controlled substance used 
                pursuant to a valid prescription or as 
                authorized by law.
          (3) Illegal drug paraphernalia.--The term ``illegal 
        drug paraphernalia'' means drug paraphernalia (as that 
        term is defined in section 422 of the Controlled 
        Substances Act (21 U.S.C. 863)), except that the first 
        sentence of section 422(d) of such Act shall be applied 
        by inserting ``or under the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.)'' before 
        the period.
          (4) Tobacco product.--The term `tobacco product' 
        means--
                  (A) cigarettes and little cigars (as those 
                terms are defined in section 3 of the Federal 
                Cigarette Labeling and Advertising Act (15 
                U.S.C. 1332));
                  (B) cigars (as that term is defined in 
                section 5702 of the Internal Revenue Code of 
                1986);
                  (C) pipe tobacco and loose rolling tobacco;
                  (D) smokeless tobacco (as that term is 
                defined in section 9 of the Comprehensive 
                Smokeless Tobacco and Health Education Act of 
                1986 (15 U.S.C. 4408)); and
                  (E) any other form of tobacco intended for 
                human consumption.
          (5) Dangerous weapon.--The term ``dangerous weapon'' 
        has the meaning given that term in section 930 of title 
        18, United States Code, provided such term as used in 
        this part does not include any dangerous weapon 
        possessed as a part of a course or curriculum approved 
        pursuant to State or local laws.
          * * * * * * *

                    IMMIGRATION AND NATIONALITY ACT

           (As amended through Public Law 104-8, May 1, 1995)

          * * * * * * *

              CHAPTER 5--DEPORTATION; ADJUSTMENT OF STATUS

                  general classes of deportable aliens

    Sec. 241. [8 U.S.C. 1251] (a) Classes of Deportable 
Aliens.--Any alien (including an alien crewman) in the United 
States shall, upon the order of the Attorney General, be 
deported if the alien is within one or more of the following 
classes of deportable aliens;
          * * * * * * *
    (i) Incarceration.--
          (1) If the chief executive officer of a State (or, if 
        appropriate, a political subdivision of the State) 
        exercising authority with respect to the incarceration 
        of an undocumented criminal alien submits a written 
        request to the Attorney General, the Attorney General 
        shall, as determined by the Attorney General--
          * * * * * * *
          (3) For purposes of this subsection, the term 
        ``undocumented criminal alien'' means an alien who--
                  (A) has been convicted of a felony or two or 
                more misdemeanors; and
                  (B)(i) entered the United States without 
                inspection or at any time or place other than 
                as designated by the Attorney General;
                  (ii) was the subject of exclusion or 
                deportation proceedings at the time he or she 
                was taken into custody by the State or a 
                political subdivision of the State; [or]
                  (iii) was admitted as a nonimmigrant and at 
                the time he or she was taken into custody by 
                the State or a political subdivision of the 
                State has failed to maintain the nonimmigrant 
                status in which the alien was admitted or to 
                which it was changed under section 1258 of this 
                title, or to comply with the conditions of any 
                such status[.]; or
                  (iv) is a juvenile alien with respect to whom 
                section 501 of the Immigration Reform and 
                Control Act of 1986 applies.
          * * * * * * *

         ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

                  (Public Law 104-132--Apr. 24, 1996)

          * * * * * * *

                     TITLE II--JUSTICE FOR VICTIMS

          * * * * * * *

             Subtitle C--Assistance to Victims of Terrorism

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Justice for Victims of 
Terrorism Act of 1996''.
          * * * * * * *

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
10602(d)(3)) is amended--
          * * * * * * *
    (d) Effective Date.--This section and the amendments made 
by this section shall take effect [1 year after the debate of 
enactment of this Act] on October 1, 1999.
          * * * * * * *

  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

                  (Public Law 104-208--Sept. 30, 1996)

          * * * * * * *

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

          * * * * * * *

                 Subtitle B--Criminal Alien Provisions

          * * * * * * *

SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

    Not later than 12 months after the date of the enactment of 
this Act, and annually thereafter, the Attorney General shall 
submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a report detailing--
          (1) * * *
          * * * * * * *
          (3) programs and plans underway in the Department of 
        Justice to ensure the prompt removal from the United 
        States of criminal aliens subject to removal; [and]
          (4) methods for identifying and preventing the 
        unlawful reentry of aliens who have been convicted of 
        criminal offenses in the United States and removed from 
        the United States[.]; and
          (5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional 
        facilities, including the type of offense committed by 
        each juvenile.
          * * * * * * *

                     ECONOMIC ESPIONAGE ACT OF 1996

                          (Public Law 104-294)

          * * * * * * *

            TITLE IV--ESTABLISHMENT OF BOYS AND GIRLS CLUBS

SEC. 401. ESTABLISHING BOYS AND GIRLS CLUBS.

    (a) Findings and Purpose.--
          (1) Findings.--The Congress finds that--
          * * * * * * *
          [(2) Purpose.--It is the purpose of this section to 
        provide adequate resources in the form of seed money 
        for the Boys and Girls Clubs of America to establish 
        1,000 additional local Boys and Girls Clubs in public 
        housing projects and other distressed areas by 2001.]
          (2) Purpose.--The purpose of this section is to 
        provide adequate resources in the form of seed money 
        for the Boys and Girls Clubs of America to--
                  (A) establish 1,000 additional local clubs in 
                locations where local clubs are needed (giving 
                particular emphasis on establishing clubs in 
                public housing projects and distressed areas); 
                and
                  (B) ensure that a total of not less than 
                2,500 Boys and Girls Clubs of America 
                facilities are in operation not later than 
                December 31, 1999.
          * * * * * * *
    [(c) Establishment.--
          [(1) In general.--For each of the fiscal years 1997, 
        1998, 1999, 2000, and 2001, the Director of the Bureau 
        of Justice Assistance of the Department of Justice 
        shall provide a grant to the Boys and Girls Clubs of 
        America for the purpose of establishing Boys and Girls 
        Clubs in public housing projects and other distressed 
        areas.
          [(2) Contracting authority.--Where appropriate, the 
        Secretary of Housing and Urban Development, in 
        consultation with the Attorney General, shall enter 
        into contracts with the Boys and Girls Clubs of America 
        to establish clubs pursuant to the grants under 
        paragraph (1).]
    (c) Establishment.--
          (1) In general.--
                  (A) Authority.--For each of fiscal years 
                1997, 1998, 1999, 2000, and 2001, the Attorney 
                General, acting through the Director of the 
                Bureau of Justice Assistance of the Department 
                of Justice (referred to in this subsection as 
                the ``Director'') shall make a grant to the 
                Boys and Girls Clubs of America for the purpose 
                of establishing and extending Boys and Girls 
                Clubs facilities in locations where new 
                facilities or expanded facilities are needed.
                  (B) Emphasis.--In carrying out subparagraph 
                (A), the Director shall give particular 
                emphasis to establishing clubs in and extending 
                services to public housing projects and 
                distressed areas.
          (2) Applications.--
                  (A) In general.--The Attorney General, acting 
                through the Director, shall accept an 
                application for a grant under this subsection 
                submitted by the Boys and Girls Clubs of 
                America.
                  (B) Approval.--Not later than 90 days after 
                an application is submitted under subparagraph 
                (A), the Attorney General, acting through the 
                Director, shall approve or deny the 
                application. The Attorney General may approve 
                the application only if the application--
                          (i) includes--
                                  (I) a long-term strategy to 
                                establish 1,000 additional Boys 
                                and Girls Clubs; and
                                  (II) a detailed summary of 
                                those geographic areas in which 
                                new facilities will be 
                                established, or in which 
                                existing facilities will be 
                                expanded to serve additional 
                                youths, during the fiscal year 
                                following the date of the 
                                application;
                          (ii) includes a plan to ensure that a 
                        total of not less than 2,500 Boys and 
                        Girls Clubs of America facilities are 
                        in operation before January 1, 2000;
                          (iii) certifies that the Boys and 
                        Girls Clubs of America will ensure 
                        appropriate coordination between the 
                        communities in which the Boys and Girls 
                        Clubs referred to in clause (ii) and 
                        the Boys and Girls Clubs of America 
                        will be located; and
                          (iv) explains the manner in which new 
                        facilities will operate without the 
                        provision of additional, direct Federal 
                        financial assistance to the Boys and 
                        Girls Clubs after assistance under this 
                        subsection is discontinued.
          * * * * * * *
    (f) Role Model Grants.--Of amounts made available under 
subsection (e) for any fiscal year--
          (1) not more than 5 percent may be used to provide a 
        grant to the Boys and Girls Clubs of America for 
        administrative, travel, and other costs associated with 
        a national role-model speaking tour program; and
          (2) no amount may be used to compensate speakers 
        other than to reimburse speakers for reasonable travel 
        and accommodation costs associated with the program 
        described in paragraph (1).
    (g) Flagship Boys and Girls Clubs.--
          (1) In general.--The Attorney General, acting through 
        the Director of the Bureau of Justice Assistance 
        (referred to in this section as the ``Director''), 
        shall, upon receipt of an application that meets the 
        requirements of paragraph (2) from an appropriate 
        official of the Boys and Girls Clubs of America, make a 
        grant to the Boys and Girls Clubs of America to fund 
        the establishment of not less than 3 flagship Boys and 
        Girls Clubs.
          (2) Application.--
                  (A) In general.--In order to receive a grant 
                under this subsection, the appropriate official 
                of the Boys and Girls Clubs of America shall 
                submit an application to the Director in such 
                form, and containing such information, as the 
                Director may reasonably require.
                  (B) Contents of application.--The application 
                submitted pursuant to subparagraph (A) shall 
                contain assurances that--
                          (i)(I) the flagship clubs established 
                        under this subsection (referred to in 
                        this subsection as the ``flagship 
                        clubs'') shall be located in 
                        economically distressed areas; and
                          (II) with respect to the location of 
                        the flagship clubs, at least--
                                  (aa) 1 shall be in a rural 
                                area; and
                                  (bb) 1 shall be in an urban 
                                area;
                          (ii) site selection for the flagship 
                        clubs shall be made on an equitable 
                        geographic basis;
                          (iii) funds received pursuant to this 
                        subsection by the Boys and Girls Clubs 
                        of America shall comprise not more than 
                        60 percent of the costs of establishing 
                        the flagship clubs; and
                  (iv) specify how the flagship clubs will 
                operate without Federal funds after the 
                flagship clubs are brought into operation.
          (3) Authorization of appropriations.--
                  (A) In general.--There are authorized to be 
                appropriated $15,000,000 for fiscal year 1998 
                to carry out this subsection.
                  (B) Source of sums.--Sums authorized to be 
                appropriated under subparagraph (A) may be 
                derived from the Violent Crime Reduction Trust 
                Fund.

                                
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