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S. 1854 (104th): Violent and Repeat Juvenile Offender Reform Act of 1996


The text of the bill below is as of Jun 10, 1996 (Introduced). The bill was not enacted into law.


S 1854 IS

104th CONGRESS

2d Session

S. 1854

To amend Federal criminal law with respect to the prosecution of violent and repeat juvenile offenders and controlled substances, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 10, 1996

Mr. ASHCROFT for Mr. DOLE (for himself, Mr. HATCH, Mr. LOTT, Mr. ASHCROFT, Mr. GRASSLEY, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend Federal criminal law with respect to the prosecution of violent and repeat juvenile offenders and controlled substances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Violent and Repeat Juvenile Offender Reform Act of 1996’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--JUVENILE JUSTICE REFORM ACT OF 1996

      Sec. 101. Short title.

      Sec. 102. Findings and declaration of purposes.

      Sec. 103. Treatment of juvenile offenders.

      Sec. 104. Capital cases.

      Sec. 105. Definitions.

      Sec. 106. Notification after arrest.

      Sec. 107. Detention prior to disposition.

      Sec. 108. Speedy trial.

      Sec. 109. Dispositional hearings.

      Sec. 110. Use of juvenile records.

      Sec. 111. Repeals

      Sec. 112. Admissibility of certain evidence.

      Sec. 113. Increased mandatory minimum sentences for criminals possessing firearms.

      Sec. 114. Injunctions to protect safe public enjoyment of Federal lands.

      Sec. 115. Armed Career Criminal Act predicates: serious juvenile delinquency drug trafficking adjudications.

      Sec. 116. Incarceration of violent offenders.

      Sec. 117. Sentencing guidelines.

      Sec. 118. Mandatory minimum prison sentences for persons who use minors in drug trafficking activities or sell drugs to minors.

TITLE II--FEDERAL GANG VIOLENCE ACT OF 1996

      Sec. 201. Short title.

      Sec. 202. Increase in offense level for participation in crime as a gang member.

      Sec. 203. Amendment of title 18 with respect to criminal street gangs.

      Sec. 204. Interstate and foreign travel or transportation in aid of criminal street gangs.

      Sec. 205. Solicitation or recruitment of persons in criminal gang activity.

      Sec. 206. Crimes involving the use of minors as RICO predicates.

      Sec. 207. Transfer of firearms to minors for use in crime.

      Sec. 208. Penalties.

      Sec. 209. Serious juvenile drug offenses as Armed Career Criminal Act predicates.

      Sec. 210. Increase in time limits for juvenile proceedings.

      Sec. 211. Applying racketeering offenses to alien smuggling and firearms offenses.

      Sec. 212. Additional prosecutors.

TITLE III--FEDERAL YOUTH VIOLENCE CONTROL ACT OF 1996

      Sec. 301. Short title.

      Sec. 302. Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974.

      Sec. 303. Transfer of functions and savings provisions.

TITLE IV--FEDERAL YOUTH VIOLENCE PREVENTION ACT OF 1996

      Sec. 401. Short title.

      Sec. 402. Findings.

      Sec. 403. Purposes.

      Sec. 404. Definitions.

      Sec. 405. Allocation of funding.

      Sec. 406. State application.

      Sec. 407. Local application.

      Sec. 408. Distribution to grant recipients.

      Sec. 409. Reallotment and reallocation.

      Sec. 410. Authorizations of appropriations.

      Sec. 411. Uses of funds.

      Sec. 412. Repeal of unnecessary and duplicative programs.

      Sec. 413. Civil monetary penalty surcharge.

      Sec. 414. Housing juvenile offenders.

      Sec. 415. Funding source.

TITLE I--JUVENILE JUSTICE REFORM ACT OF 1996

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Juvenile Justice Reform Act of 1996’.

SEC. 102. FINDINGS AND DECLARATION OF PURPOSES.

    (a) FINDINGS- The Congress finds that--

      (1) at the outset of the 20th century, the States adopted 2 separate juvenile justice systems for violent and nonviolent offenders;

      (2) violent crimes committed by juveniles, such as homicide, rape, and robbery, were an unknown phenomenon at that time, but the rate at which juveniles commit such crimes has escalated astronomically since that time;

      (3) in 1994--

        (A) the number of persons arrested overall for murder in the United States decreased by 5.8 percent, but the number of persons under 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 under 15 years of age arrested for violent crimes increased by 9.2 percent, and the number of persons under 18 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 21st century, culminating in an unprecedented number of violent offenders under the age of 18;

      (6) the rehabilitative model of sentencing for juveniles, which the Congress rejected for adult offenders when it enacted the Sentencing Reform Act of 1984, is inadequate and inappropriate for dealing with violent and repeat juvenile offenders;

      (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 the juvenile wrongdoer accountable for his or her actions, while providing the wrongdoer a genuine opportunity for self-reform;

      (2) to revise the procedures in Federal court that are applicable to the prosecution of juvenile offenders;

      (3) to address specifically the problem of violent crime and controlled substance offenses committed by youth gangs; and

      (4) to encourage and promote, consistent with the ideals of federalism, adoption of policies by the States to ensure that the victims of crimes of violence committed by juveniles receive the same level of justice as do victims of violent crimes that are committed by adults.

SEC. 103. TREATMENT OF JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended to read as follows:

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

    ‘(a) IN GENERAL- A juvenile who has attained his or her 13th birthday and who is alleged to have committed an act of juvenile delinquency which, if committed by an adult, would be a felony offense, shall be tried in the appropriate district court of the United States--

      ‘(1) as an adult--

        ‘(A) if the offense charged is a crime of violence, as defined in section 16 of this title, including murder and rape, 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 paragraph (1), (2), or (3) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), (3)), subsection (b), (g), or (h) of section 924 of this title, or section 922(x) of this title;

        ‘(B) if the juvenile who is alleged to have committed the offense--

          ‘(i) previously has been found guilty of 3 prior felonies, committed on occasions different from one another, under Federal or State law; or

          ‘(ii) has been adjudicated a juvenile delinquent under Federal or State law for 3 prior offenses, committed on occasions different from one another, that would have been felonies if the juvenile had been tried as an adult; or

        ‘(C) at the discretion of the United States Attorney having lawful jurisdiction of the offense, upon a finding by the United States Attorney, which finding shall not be subject to review in or by any court, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction; and

      ‘(2) in all other cases, as a juvenile.

    ‘(b) REFERRALS BY UNITED STATES ATTORNEY-

      ‘(1) IN GENERAL- If the United States Attorney in the appropriate jurisdiction declines prosecution of a charged offense, as outlined in subsection (a)(2), that United States Attorney may refer the matter to the appropriate legal authorities of the appropriate State or Indian tribe.

      ‘(2) DEFINITIONS- For purposes of this section--

        ‘(A) the term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and

        ‘(B) the term ‘Indian tribe’ has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act.

    ‘(c) APPLICABLE PROCEDURES- Cases prosecuted in a district court of the United States under this section--

      ‘(1) shall proceed in the same manner as is required by this title and by the Federal Rules of Criminal Procedure in proceedings against an adult in the case of a juvenile who is being tried as an adult in accordance with subsection (a); and

      ‘(2) in all other cases, shall proceed in accordance with this chapter, unless the juvenile has requested in writing, upon advice of counsel, to be proceeded against as an adult.

    ‘(d) CAPITAL CASES- In the event that a juvenile is tried and sentenced as an adult, the juvenile shall be subject to being sentenced to death on the same terms as an adult.

    ‘(e) APPLICATION OF LAWS- In any case in which a juvenile is prosecuted in a district court of the United States as an adult, the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, and no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.

    ‘(f) OPEN PROCEEDINGS- Any offenses tried in a district court of the United States pursuant to this section shall be open to the general public, in accordance with rules 10, 26, and 31(a) 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.

    ‘(g) AVAILABILITY OF RECORDS- In making a determination concerning the prosecution of a juvenile in a district court of the United States, subject to the requirements of section 5038 of this chapter, the United States Attorney shall have complete access to the prior Federal juvenile records of the subject juvenile. In all cases in which a juvenile is found guilty in an action pursuant to this section, the district court responsible for imposing sentence may consider the defendant’s entire prior juvenile record. The United States Attorney may release such records to law enforcement authorities of any jurisdiction and to officials of any school, school district, or postsecondary school where 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. 104. CAPITAL CASES.

    (a) AGE REQUIREMENT- Section 3591 of title 18, United States Code, is amended by striking ‘18 years’ each place that term appears and inserting ‘16 years’.

    (b) AGGRAVATING FACTORS- Section 3592(c) of title 18, United States Code, is amended by inserting immediately after paragraph (15) the following:

      ‘(16) OTHER CIRCUMSTANCES- With regard to the capital offense--

        ‘(A) the victim was a custodial parent or legal guardian of a child under the age of 18 years;

        ‘(B) the offense was committed by a person imprisoned as a result of a felony conviction;

        ‘(C) the offense was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function;

        ‘(D) the victim was found to have been murdered due to his or her association with a particular group, gang, organization, or other entity;

        ‘(E) the offense was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;

        ‘(F) the offense was committed by means of a destructive device, bomb, explosive, or similar device which the defendant planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the defendant knew that his or her act or acts would create a great risk of death to human life;

        ‘(G) the offense was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody;

        ‘(H) the victim was a current or former judge or judicial officer of any civilian, military, or tribal court of record in the United States or its territories, a law enforcement officer or official, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties;

        ‘(I) the defendant has been convicted of more than one offense of murder in the first or second degree;

        ‘(J) the victim was a witness--

          ‘(i) to a crime who was intentionally killed for the purpose of preventing his or her testimony in any judicial or administrative proceeding, and the killing was not committed during the commission or attempted commission of the crime to which he or she was a witness; or

          ‘(ii) in a judicial or administrative proceeding and was intentionally killed in retaliation for his or her testimony in such proceeding;

        ‘(K) the victim was an elected or appointed official or former official of the Federal Government, or of State, local, or tribal government, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties;

        ‘(L) the defendant intentionally killed the victim while lying in wait;

        ‘(M) the victim was intentionally killed because of his or her race, color, gender, religion, nationality, or country of origin;

        ‘(N) the victim was a juror in any court of record in the local, State, or Federal system in any State or judicial district, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties;

        ‘(O) the murder was intentional and was perpetrated by means of discharging a firearm from a motor vehicle, whether or not it was moving, intentionally at another person or persons outside the vehicle;

        ‘(P) the murder was committed against a person who was held or otherwise detained as a shield or hostage;

        ‘(Q) the murder was committed against a person who was held or detained by the defendant for ransom or reward;

        ‘(R) the defendant caused or directed another to commit murder or committed murder as an agent or employee of another person;

        ‘(S) the victim was pregnant;

        ‘(T) the victim was handicapped or severely disabled;

        ‘(U) the victim was 62 years of age or older;

        ‘(V) the victim was a child 16 years of age or younger;

        ‘(W) the murder was committed on the property or grounds of a school or academic institution;

        ‘(X) the victim was a teacher, lecturer, or official at a school or academic institution and was intentionally murdered by the defendant or at the direction of the defendant as a result of the victim’s occupation;

        ‘(Y) at the time of the killing, the victim was or had been a nongovernmental informant or had otherwise provided any investigative, law enforcement, or police agency with information concerning criminal activity, and the killing was in retaliation for the victim’s activities as a nongovernmental informant or in providing information concerning criminal activity to an investigative, law enforcement, or police agency;

        ‘(Z) the murder was committed for the purpose of interfering with the victim’s free exercise or enjoyment of any right, privilege, or immunity protected by the first amendment to the Constitution of the United States or because the victim exercised or enjoyed said right;

        ‘(AA) the defendant has previously been convicted of a felony involving a firearm;

        ‘(BB) the defendant previously was convicted of an offense for which a sentence of death or life imprisonment was authorized;

        ‘(CC) the defendant previously was convicted of 2 or more Federal or State offenses, punishable by a term of imprisonment of more than 1 year, committed on different occasions;

        ‘(DD) the defendant previously was convicted of violating title II or III of the Controlled Substances Act, for which a sentence of 5 or more years could be imposed;

        ‘(EE) the murder was committed in the presence of immediate family members of the victim;

        ‘(FF) evidence from the murder indicates that it was carried out in furtherance of a sadistic, demonic, or other type of ritual;

        ‘(GG) the murder was committed by the defendant during the hijacking of an aircraft, ship, or any other air, land, or seafaring vessel, bus, train, or any other public or commercial mode or means of transportation;

        ‘(HH) the victim was a member of the medical profession, to include ambulance drivers or personnel, who at the time of the murder were in the performance of their duties in such capacity; and

        ‘(II) the victim was employed in a jail, correctional facility, or halfway house, and was murdered while in the lawful performance of his or her duties or in retaliation for the lawful performance of his or her duties.’.

    (c) DEATH DURING COMMISSION OF ANOTHER CRIME- Section 3592(c)(1) of title 18, United States Code, is amended by striking ‘of, or during the immediate flight from the commission of,’ and inserting ‘of a felony, or during the immediate flight from the commission of a felony, including’.

SEC. 105. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as follows:

‘Sec. 5031. Definitions

    ‘For purposes of this chapter--

      ‘(1) the term ‘juvenile’ means a person who has not attained his or her eighteenth birthday; and

      ‘(2) the term ‘juvenile delinquency’ means the violation of a law of the United States committed by a person prior to his or her eighteenth birthday, which would have been a crime if committed by an adult.’.

SEC. 106. NOTIFICATION AFTER ARREST.

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

SEC. 107. DETENTION PRIOR TO DISPOSITION.

    Section 5035 of title 18, United States Code, is amended--

      (1) by inserting ‘(a) IN GENERAL- ’ before ‘A juvenile’; and

      (2) by adding at the end the following:

    ‘(b) DETENTION OF CERTAIN JUVENILES- Notwithstanding subsection (a), a juvenile who is to be tried as an adult pursuant to section 5032 shall be subject to detention in accordance with chapter 203 of this title in the same manner and to the same extent as an adult would be subject to the provisions of that chapter.’.

SEC. 108. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--

      (1) by inserting ‘(a) JUVENILE TRIALS- ’ before ‘If an alleged’;

      (2) by striking ‘Attorney General’ and inserting ‘United States Attorney for the appropriate jurisdiction’;

      (3) by striking ‘Except in’ and all that follows through the period; and

      (4) by adding at the end the following:

    ‘(b) JUVENILES TRIED AS ADULTS- Notwithstanding subsection (a), the provisions of chapter 208 of this title shall apply in any case in which a juvenile is tried as an adult pursuant to section 5032 in the same manner and to the same extent as an adult would be subject to the provisions of that chapter.’.

SEC. 109. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--

      (1) in subsection (a), by striking the first sentence and inserting the following: ‘In any case in which a juvenile is found to be a juvenile delinquent in district court pursuant to section 5032, but is not tried as an adult under that section, the court shall hold a disposition hearing concerning the appropriate disposition not later than 20 days after the hearing in which a finding of juvenile delinquency is made, unless the court has ordered further study pursuant to subsection (d).’;

      (2) in subsection (b), by striking ‘extend--’ and all that follows through ‘The provisions’ and inserting the following: ‘extend, in the case of a juvenile, beyond the maximum term that would be authorized by section 3561(b), if the juvenile had been tried and convicted as an adult. The provisions.’;

      (3) in subsection (c), by striking ‘extend--’ and all that follows through ‘Section 3624’ and inserting the following: ‘extend beyond the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult. Section 3624’; and

      (4) by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:

    ‘(d) If a juvenile has been tried and convicted as an adult, or adjudicated delinquent for any offense in which he or she is otherwise tried pursuant to section 5032, the restitution provisions contained in this title and title 21, including sections 3663A, 2248, 2259, 2264, and 2327, shall apply to that juvenile in the same manner and to the same extent as those provisions would apply to an adult.’.

SEC. 110. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) in paragraph (5), by striking ‘and’ at the end;

        (B) in paragraph (6), by striking the period at the end and inserting ‘; and’;

        (C) by inserting after paragraph (6) the following new paragraph:

      ‘(7) inquiries from an 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) Unless’;

      (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively;

      (3) by inserting immediately after subsection (a) the following new subsection:

    ‘(b) Notwithstanding subsection (a), in determining the appropriate disposition of a juvenile matter under section 5032, the responsible United States Attorney shall have complete access to the official records of the juvenile proceedings conducted under this title.’;

      (4) by inserting after subsection (e), as redesignated, the following new subsection:

    ‘(f) In any case in which a juvenile is tried as an adult, access to the record of the offenses of the juvenile shall be made available in the same manner as is applicable to adult defendants.’;

      (5) by striking ‘(d) Whenever’ and all that follows through ‘adult defendants.’ and inserting the following:

    ‘(g) Fingerprints and photographs of a juvenile--

      ‘(1) who is prosecuted as an adult shall be made available in the same manner as is applicable to an adult defendant; and

      ‘(2) who is not prosecuted as an adult shall be made available only as provided in subsection (a).’;

      (6) by striking ‘(e) Unless,’ and inserting ‘(h) Unless’;

      (7) by striking ‘(f) Whenever’ and inserting ‘(i) Whenever’; and

      (8) in subsection (i), as redesignated--

        (A) by striking ‘of committing an act’ and all that follows through ‘5032 of this title’ and inserting ‘by a district court of the United

States pursuant to section 5032 of committing an act’; and

        (B) by inserting ‘involved a juvenile tried as an adult or’ before ‘were juvenile adjudications’.

SEC. 111. REPEALS.

    Title 18, United States Code, is amended--

      (1) by striking sections 5001 and 5002; and

      (2) by redesignating section 5003 as section 5001.

SEC. 112. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) IN GENERAL- Chapter 223 of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 3510. Admissibility of evidence obtained by search or seizure

    ‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR SEIZURE- Evidence which is obtained as a result of a search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution of the United States, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. The fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances.

    ‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE-

      ‘(1) GENERALLY- Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority.

      ‘(2) SPECIAL RULE RELATING TO OBJECTIVELY REASONABLE SEARCHES AND SEIZURES- Evidence which is otherwise excludable under paragraph (1) shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the statute, administrative rule or regulation, or rule of procedure, the violation of which occasioned its being excludable.

    ‘(c) RULE OF CONSTRUCTION- This section shall not be construed to require or authorize the exclusion of evidence in any proceeding. Nothing in this section shall be construed so as to violate the fourth article of amendments to the Constitution of the United States.

    ‘(d) LIBERAL CONSTRUCTION- The provisions of this section shall be liberally construed to effectuate its remedial purposes.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following:

      ‘3510. Admissibility of evidence obtained by search or seizure.’.

SEC. 113. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS POSSESSING FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended to read as follows:

    ‘(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of this subsection or any other law, a person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which a person may be prosecuted in a court of the United States, uses, carries, or possesses a firearm shall, in addition to the punishment provided for such crime of violence or drug trafficking crime--

      ‘(i) be punished by imprisonment for not less than 10 years;

      ‘(ii) if the firearm is discharged, be punished by imprisonment for not less than 20 years;

      ‘(iii) if the firearm is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be punished by imprisonment for not less than 30 years; and

      ‘(iv) if the death of a person results, be punished by the death penalty or by imprisonment for life.

    ‘(B) In the case of a second or subsequent conviction of a person under this subsection, such person shall be sentenced to imprisonment for not less than 35 years, and if, in such a case, the death of a person results, such person shall be punished by the death penalty or by imprisonment for life.

    ‘(C) Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was possessed.’.

SEC. 114. INJUNCTIONS TO PROTECT SAFE PUBLIC ENJOYMENT OF FEDERAL LANDS.

    Title 28, United States Code, is amended by inserting after section 519 the following new section:

‘Sec. 519A. Injunctions to protect safe public enjoyment of Federal lands

    ‘(a) ACTION BY ATTORNEY GENERAL- The Attorney General may commence a civil action against any person who, without lawful authority or permission, engages in activity that is injurious to health, indecent, destructive, or threatening, such that the activity is likely to cause unreasonable interference with the public enjoyment of national parks, national forests, navigable waters, or public lands.

    ‘(b) INJUNCTION-

      ‘(1) IN GENERAL- Upon a finding that a person against whom the Attorney General has commenced an action under subsection (a) has engaged in activity that is injurious to health, indecent, destructive, or threatening, such that the activity is likely to cause unreasonable interference with the public enjoyment of national parks, national forests, navigable waters, or public lands, the district court shall enter an injunction of a scope appropriate to prohibit such activity by the defendant.

      ‘(2) AUTHORITY TO PROHIBIT CERTAIN ACTIVITIES- An injunction under paragraph (1) may, upon an appropriate showing consistent with the equitable powers of the district court, include prohibition within the subject national park, national forest, navigable water, or public land in question, of--

        ‘(A) standing, sitting, walking, driving, gathering, or appearing in public view, together with any other persons as to whom the court makes a finding as set forth in this paragraph;

        ‘(B) drinking alcoholic beverages in public, other than consumption on lawfully licensed premises, or using illegal drugs;

        ‘(C) possessing any weapons, including knives, daggers, clubs, nunchakus, bb guns, firearms, or other objects capable of inflicting serious bodily injury;

        ‘(D) using or possessing marker pens, spray paint, paint cans, nails, razor blades, screwdrivers, or other objects capable of defacing public or private property;

        ‘(E) blocking free ingress and egress to public sidewalks, streets, or driveways;

        ‘(F) in any manner confronting, intimidating, harassing, or assaulting other persons;

        ‘(G) causing, encouraging, or participating in the use, possession, or sale of narcotics;

        ‘(H) using or possessing beepers or pagers in any public place;

        ‘(I) possessing channel lock pliers, picks, wire cutters, dent pullers, or other devices capable of being used to break into locked vehicles;

        ‘(J) signalling to or acting as a lookout for other persons to warn of the approach of police officers, or soliciting, encouraging, or employing others to do the same;

        ‘(K) climbing any tree, wall, or fence, or passing through any wall or fence by using tunnels or other holes in such structures; and

        ‘(L) making, causing, or encouraging others to make loud noises or any kind, including yelling and loud music.

    ‘(c) ENFORCEMENT- The district court shall have the power to enforce injunctions granted under this section, including the exercise of contempt power and imposition of fines not to exceed $10,000 for each violation of the court’s order.’.

SEC. 115. ARMED CAREER CRIMINAL ACT PREDICATES: SERIOUS JUVENILE DELINQUENCY DRUG TRAFFICKING ADJUDICATIONS.

    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 new clause:

          ‘(iii) any act of juvenile delinquency, under Federal or State law, that, if committed by an adult, would be a serious drug offense described in this paragraph;’.

SEC. 116. INCARCERATION OF VIOLENT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended--

      (1) by designating the first 3 undesignated paragraphs as subsections (a) through (c), respectively; and

      (2) by adding at the end the following new subsection:

    ‘(d) The Bureau of Prisons is directed to ensure that juveniles convicted of violent offenses are incarcerated with other juveniles who also have committed violent offenses.’.

SEC. 117. SENTENCING GUIDELINES.

    Section 994 of title 28, United States Code, is amended--

      (1) in subsection (h), by inserting ‘, or in those cases in which a juvenile is tried as an adult,’ after ‘old or older’; and

      (2) by adding at the end the following new subsection:

    ‘(z) The Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant found guilty of committing an offense in which the victim of the offense was under the age of 10 years old, or in which the defendant is found guilty of having committed, attempted to commit, or conspired to commit sexual assault or aggravated sexual assault in which the offense in any manner involved the use of a controlled substance, shall receive an enhanced sentence.’.

SEC. 118. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO USE MINORS IN DRUG TRAFFICKING ACTIVITIES OR SELL DRUGS TO MINORS.

    (a) EMPLOYMENT OF PERSON UNDER 18 YEARS OF AGE- Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended--

      (1) in subsection (b), by striking the second sentence and by adding at the end the following: ‘Except to the extent that a greater minimum sentence is otherwise provided, a term of imprisonment of a person 21 or more years of age convicted of drug trafficking under this subsection shall be not less than 10 years, and a term of imprisonment of a person between the ages of 18 and 21 convicted of drug trafficking under this subsection shall be not less than 3 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’; and

      (2) in subsection (c)--

        (A) by striking ‘one year’ and inserting ‘6 years’;

        (B) by inserting after the second sentence the following: ‘Except to the extent that a greater minimum sentence is otherwise provided, a term of imprisonment of a person 21 or more years of age convicted of drug trafficking under this subsection shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’; and

        (C) in the third sentence, by striking ‘Penalties’ and inserting: ‘Except to the extent that a greater minimum sentence is otherwise provided,’.

    (b) MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS CONVICTED OF DISTRIBUTION OF DRUGS TO MINORS-

      (1) IN GENERAL- Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended--

        (A) in subsection (a)--

          (i) by striking ‘eighteen’ and inserting ‘21’;

          (ii) by striking ‘twenty-one’ and inserting ‘18’;

          (iii) by striking ‘not less than one year’ and inserting ‘not less than 10 years’; and

          (iv) by striking the last sentence;

        (B) in subsection (b)--

          (i) by striking ‘eighteen’ and inserting ‘21’;

          (ii) by striking ‘twenty-one’ and inserting ‘18’;

          (iii) by striking ‘not less than one year’ and inserting ‘a mandatory term of life imprisonment’; and

          (iv) by striking the last sentence;

        (C) by adding at the end the following new subsection:

    ‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF MARIJUANA- The mandatory minimum sentencing provisions of this section shall not apply to offenses involving five grams or less of marijuana.’; and

        (D) in the section heading, by striking ‘TWENTY-ONE’ and inserting ‘18’.

      (2) TECHNICAL AMENDMENT- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended in the item relating to section 418 by striking ‘twenty-one’ and inserting ‘18’.

    (c) PENALTIES FOR DRUG OFFENSES IN DRUG-FREE ZONES-

      (1) REPEAL- Section 90102 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14051) is repealed.

      (2) INCREASED PENALTIES- Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended--

        (A) in subsection (a)--

          (i) by striking ‘not less than one year’ and inserting ‘not less than 5 years’; and

          (ii) by striking the last sentence;

        (B) in subsection (b), by striking ‘not less than three years’ and inserting ‘not less than 10 years’;

        (C) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

        (D) by inserting after subsection (b) the following new subsection:

    ‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF MARIJUANA- The mandatory minimum sentencing provisions of this section shall not apply to offenses involving 5 grams or less of marijuana.’.

TITLE II--FEDERAL GANG VIOLENCE ACT OF 1996

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Federal Gang Violence Act of 1996’.

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

    (a) 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 3 of the Federal Sentencing Guidelines so that, except with respect to trafficking in cocaine base, if a defendant was a member of a criminal street gang at the time of the offense, the offense level is increased by 6 levels

      (2) CONSTRUCTION WITH OTHER GUIDELINES- The amendment made pursuant to paragraph (1) 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.

      (3) DEFINITION- For purposes of this section, the term ‘criminal street 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.

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

    Section 521 of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking ‘(a) DEFINITIONS- ’ and inserting ‘(a) DEFINITIONS- For purposes of this section the following definitions shall apply.’;

        (B) by striking ‘conviction’ and inserting the following:

      ‘(1) CONVICTION- The term ‘conviction’;

        (C) in paragraph (1), as so designated, by striking ‘violent or controlled substances felony’ and inserting ‘predicate gang crime’; and

        (D) by striking ‘criminal street gang’ and all that follows through the end of the subsection and inserting the following:

      ‘(2) CRIMINAL STREET GANG- The term ‘criminal street gang’ means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal--

        ‘(A) a primary activity of which is the commission of 1 or more predicate gang crimes;

        ‘(B) the members of which engage, or have engaged during the 5-year period preceding the date in question, in a pattern of criminal activity involving 1 or more predicate gang crimes; and

        ‘(C) the activities of which affect interstate or foreign commerce.

      ‘(3) PATTERN OF CRIMINAL ACTIVITY- The term ‘pattern of criminal activity’ means the commission of 2 or more predicate gang crimes--

        ‘(A) at least 1 of which was committed after the date of enactment of the Federal Gang Violence Act of 1996;

        ‘(B) the last of which was committed not later than 3 years after the commission of another predicate gang crime; and

        ‘(C) which were committed on occasions different from one another.

      ‘(4) PREDICATE GANG CRIME- The term ‘predicate gang crime’ means--

        ‘(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 imprisonment for not less than 5 years; 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, including--

          ‘(i) assault with a deadly weapon;

          ‘(ii) homicide or manslaughter;

          ‘(iii) shooting at an occupied dwelling or motor vehicle;

          ‘(iv) kidnapping;

          ‘(v) carjacking;

          ‘(vi) robbery;

          ‘(vii) drive-by-shooting;

          ‘(viii) tampering with or retaliating against a witness, victim, informant, or juror;

          ‘(ix) rape;

          ‘(x) mayhem;

          ‘(xi) torture; and

          ‘(xii) arson;

        ‘(D) any Federal or State offense that is--

          ‘(i) grand theft;

          ‘(ii) burglary;

          ‘(iii) looting;

          ‘(iv) felony extortion;

          ‘(v) possessing a concealed weapon;

          ‘(vi) grand theft auto;

          ‘(vii) money laundering;

          ‘(viii) felony vandalism;

          ‘(ix) unlawful sale of a firearm; or

          ‘(x) obstruction of justice; and

        ‘(E) a conspiracy, attempt, or solicitation to commit any offense described in subparagraphs (A) through (D).’; and

      (2) in subsection (d)--

        (A) in paragraph (1), by striking ‘continuing series of offenses described in subsection (c)’ and inserting ‘pattern of criminal activity’; and

        (B) in paragraph (3), by striking ‘years for--’ and all that follows through the end of the paragraph and inserting ‘years for a predicate gang crime.’.

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

    (a) Travel Act Amendments-

      (1) PROHIBITED CONDUCT AND PENALTIES- Section 1952(a) of title 18, United States Code, is amended to read as follows:

    ‘(a) Whoever--

      ‘(1) travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to--

        ‘(A) distribute the proceeds of any unlawful activity;

        ‘(B) commit any crime of violence to further any unlawful activity; or

        ‘(C) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity; and

      ‘(2) thereafter performs, attempts to perform, or conspires to perform--

        ‘(A) an act described in subparagraph (A) or (C) of paragraph (1) shall be fined under this title, imprisoned not more than 10 years, or both; or

        ‘(B) an act described in subparagraph (B) of paragraph (1) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results from such Act, shall be sentenced to death or be imprisoned for any term of years or for life.’.

      (2) UNLAWFUL ACTIVITIES- Section 1952(b) of title 18, United States Code, is amended to read as follows:

    ‘(b) As used in this section--

      ‘(1) the term ‘unlawful activity’ means--

        ‘(A) activity of a criminal street gang as defined in section 521 of this title;

        ‘(B) 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 (21 U.S.C. 802(6)), or prostitution offenses in violation of the laws of the State in which the offense in committed or of the United States;

        ‘(C) extortion; bribery; arson; robbery; burglary; assault with a deadly weapon; retaliation against or intimidation of witnesses, victims, jurors, or informants; assault resulting in bodily injury; possession or trafficking of stolen property; trafficking in firearms; kidnapping; alien smuggling; shooting at an occupied dwelling or motor vehicle; or insurance fraud; in violation of the laws of the State in which the offense is committed or of the United States; or

        ‘(D) any act that is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title; and

      ‘(2) 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) SENTENCING GUIDELINES- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal Sentencing Guidelines so that--

      (1) the base offense level for traveling in interstate or foreign commerce in aid of a street gang or other racketeering enterprise is increased to 12; and

      (2) the base offense level for the commission of a violent crime in aid of a street gang or other racketeering enterprise is increased to 24.

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 new section:

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

    ‘(a) PROHIBITED ACT- It shall be unlawful for any person to--

      ‘(1) use any facility of, or travel in, interstate or foreign commerce, or cause another to do so, to solicit, request, induce, counsel, command, cause, or facilitate the participation of, a person to participate in a criminal street gang, or otherwise cause another to do so, or conspire to do so; or

      ‘(2) solicit, request, induce, counsel, command, cause, or facilitate the participation of a person to engage in crime for which such person may be prosecuted in a court of the United States, or otherwise cause another to do do, or conspire to do so.

    ‘(b) PENALTIES- A person who violates subsection (a) shall--

      ‘(1)(A) if the person is a minor, be imprisoned for not less than 4 years and not more than 10 years, fined not more than $250,000, or both; or

      ‘(B) if the person is not a minor, be imprisoned for not less than 1 year and not more than 10 years, fined not more than $250,000, or both; and

      ‘(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor reaches the age of 18.

    ‘(c) DEFINITIONS- For purposes of this section--

      ‘(1) the term ‘criminal street gang’ has the same meaning given such term in section 521; and

      ‘(2) the term ‘minor’ means a person who is younger than 18 years of age.’.

    (b) SENTENCING GUIDELINES- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal Sentencing Guidelines so that the base offense level for recruitment of a minor to participate in a gang activity is 12.

    (c) TECHNICAL AMENDMENT- The analysis for chapter 26 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘522. Recruitment of persons to participate in criminal gang activity.’.

SEC. 206. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--

      (1) by striking ‘or’ before ‘(E)’; and

      (2) by inserting before the semicolon at the end of the paragraph the following: ‘, or (F) any offense against the United States that is punishable by imprisonment for more than 1 year and that involved the use of a person under the age of 18 years in the commission of the offense’.

SEC. 207. 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, not less than 3 years; fined under this title; or both’.

SEC. 208. PENALTIES.

    Section 924(a) of title 18, United States Code, is amended--

      (1) by redesignating paragraph (5), as added by section 110201(b)(2) of the Violent Crime Control and Law Enforcement Act of 1994, as paragraph (6); and

      (2) in paragraph (6), as so redesignated--

        (A) by striking subparagraph (A);

        (B) in subparagraph (B)--

          (i) by striking ‘(B) A person other than a juvenile who knowingly’ and inserting ‘(A) A person who knowingly’;

          (ii) in clause (i), by striking ‘1 year’ and inserting ‘not less than 1 year and not more than 5 years’; and

          (iii) in clause (ii), by inserting ‘not less than 1 year and’ after ‘imprisoned’; and

        (C) by adding at the end the following new subparagraph:

      ‘(B) Notwithstanding subparagraph (A), no mandatory minimum sentence shall apply to a juvenile who is less than 13 years of age.’.

SEC. 209. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of clause (i);

      (2) by adding ‘or’ at the end of clause (ii); and

      (3) by adding at the end the following new clause:

          ‘(iii) any act of juvenile delinquency that if committed by an adult would be an offense described in clause (i) or (ii);’.

SEC. 210. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.

    Section 5036 of title 18, United States Code, is amended by striking ‘thirty’ and inserting ‘70’.

SEC. 211. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND FIREARMS OFFENSES.

    Section 1961(1) of title 18, United States Code, as amended by section 206 of this title, is amended by inserting before the semicolon at the end the following. ‘, (G) any act, or conspiracy to commit any act, in 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)’.

SEC. 212. ADDITIONAL PROSECUTORS.

    There are authorized to be appropriated $20,000,000 for each of fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of additional Assistant United States Attorneys to prosecute violent youth gangs.

TITLE III--FEDERAL YOUTH VIOLENCE CONTROL ACT OF 1996

SEC. 301 SHORT TITLE.

    This title may be cited as the ‘Federal Youth Violence Control Act of 1996’.

SEC. 302. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974.

    (a) FINDINGS AND DECLARATION OF PURPOSE- 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.

    ‘The Congress finds that--

      ‘(1) recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use;

      ‘(2) homicide rates for persons between 14 and 17 years of age have increased 172 percent over the last 10 years;

      ‘(3) the youth who commit the most serious and violent offenses are becoming more violent;

      ‘(4) the homicide rate for persons between 14 and 17 years of age is 4 times the rate for adults;

      ‘(5) 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;

      ‘(6) current juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet--

        ‘(A) the needs of children, who, because of this failure to provide effective services, may become delinquents; and

        ‘(B) the needs of society, because insufficient sanctions are imposed on serious youth offenders;

      ‘(7) 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;

      ‘(8) demographic increases projected in the number of youth offenders require reexamination of the prosecution and incarceration of serious violent youth offenders;

      ‘(9) State and local communities that 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;

      ‘(10) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency;

      ‘(11) despite more than 20 years of experience in prosecuting juvenile offenders, rates of youth violence have increased dramatically, requiring a change in the approach of Federal efforts to address the problem;

      ‘(12) the high incidence of delinquency in the United States today results in enormous annual economic losses and immeasurable loss of human life, personal security, and wasted human resources; and

      ‘(13) juvenile delinquency constitutes a growing threat to the national welfare that requires immediate and comprehensive action by the Federal Government.

‘SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ‘(a) IN GENERAL- The purposes of this Act are--

      ‘(1) to hold juveniles accountable for their acts;

      ‘(2) to provide for the thorough and ongoing evaluation of all Federal juvenile justice and delinquency prevention programs;

      ‘(3) to provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs;

      ‘(4) 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;

      ‘(5) 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;

      ‘(6) 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;

      ‘(7) 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;

      ‘(8) to establish a Federal assistance program to deal with the problems of runaway and homeless youth;

      ‘(9) to strengthen families in which juvenile delinquency has been a problem, and to remove youth from families that cannot provide them with the moral guidance and discipline necessary to avoid becoming violent offenders;

      ‘(10) to assist State and local governments in improving the administration of justice and services for juveniles who enter the system; and

      ‘(11) to reduce the level of youth violence in each of the States.

    ‘(b) STATEMENT OF POLICY- It is the policy of the Congress to provide the necessary resources, leadership, and coordination--

      ‘(1) to improve the quality of juvenile justice in the United States; and

      ‘(2) to provide resources to the States to combat youth violence and effectively prosecute and punish violent youth offenders.

‘SEC. 103. DEFINITIONS.

    ‘For purposes of this Act--

      ‘(1) the term ‘Federal juvenile delinquency program’ means any juvenile delinquency program that is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this Act;

      ‘(2) the term ‘juvenile delinquency program’ means any program or activity related to the improvement of the juvenile justice system;

      ‘(3) the term--

        ‘(A) ‘Bureau of Justice Assistance’ means the bureau established by section 401 of title I of the Omnibus Crime Control and Safe Streets Act of 1968;

        ‘(B) ‘Office of Justice Programs’ means the office established by section 101 of the Omnibus Crime Control and Safe Streets Act of 1968;

        ‘(C) ‘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) ‘Bureau of Justice Statistics’ means the bureau established by section 302(a) of the Omnibus Crime Control and Safe Streets Act of 1968;

      ‘(4) the term ‘Administrator’ means the Administrator of the Bureau of Justice Assistance;

      ‘(5) 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--

        ‘(A) police efforts to prevent, control, or reduce crime or to apprehend criminals;

        ‘(B) activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services); and

        ‘(C) activities of corrections, probation, or parole authorities;

      ‘(6) 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;

      ‘(7) the term ‘unit of general local government’ means any--

        ‘(A) city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;

        ‘(B) Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior; or

        ‘(C) 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;

      ‘(8) 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);

      ‘(9) the term ‘secure detention facility’ means any public or private residential facility that--

        ‘(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;

      ‘(10) the term ‘secure correctional facility’ means any public or private residential facility that--

        ‘(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;

      ‘(11) the term ‘serious crime’ means--

        ‘(A) criminal homicide;

        ‘(B) forcible rape or other sex offenses punishable as a felony;

        ‘(C) mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony;

        ‘(D) motor vehicle theft;

        ‘(E) burglary or breaking and entering;

        ‘(F) extortion accompanied by threats of violence; and

        ‘(G) arson punishable as a felony;

      ‘(12) the term ‘treatment’ includes medical and other rehabilitative services designed to protect the public, including any services designed to benefit addicts and other users by--

        ‘(A) eliminating their dependence on alcohol or other addictive or nonaddictive drugs; or

        ‘(B) controlling their dependence and susceptibility to addiction or use;

      ‘(13) the term ‘Indian tribe’ means--

        ‘(A) a federally recognized Indian tribe; or

        ‘(B) an Alaska Native organization;

      ‘(14) 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; and

      ‘(15) 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--

        ‘(A) pending the filing of a charge of violating a criminal law;

        ‘(B) awaiting trial on a criminal charge; or

        ‘(C) convicted of violating a criminal law.’.

    (b) YOUTH CRIME CONTROL BLOCK GRANTS- Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended to read as follows:

‘TITLE II--YOUTH CRIME CONTROL BLOCK GRANTS

‘SEC. 201. YOUTH CRIME CONTROL BLOCK GRANTS.

    ‘(a) IN GENERAL- The Administrator may make grants to eligible States and units of general 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 prosecutions, trials, graduated sanctions, and programs to improve the juvenile justice system.

    ‘(b) USE OF GRANTS- Grants under this section shall be used (1) to strengthen prosecution and punishment of youth offenders, such as imposition of graduated sanctions, hiring of prosecutors and judges, incarceration of violent offenders for extended periods of time (including up to the length of adult sentences, if necessary); (2) for prevention, treatment, and transitional programs that include evaluation components that measure the decrease in risk factors associated with the juvenile participants; or (3) to conduct research on the problems of juvenile delinquency.

    ‘(c) REQUIREMENTS- To be eligible to receive a grant under this section, a State or unit of general local government--

      ‘(1) shall make reasonable efforts, as certified by the governor, to ensure that not later than January 1, 2002--

        ‘(A) proceedings involving juveniles tried as adults will be open to the public;

        ‘(B) criminal records of juveniles tried as adults will be available to the public on the same terms as criminal records of adults;

        ‘(C) juvenile criminal records will be available to schools and to law enforcement agencies; and

        ‘(D) fingerprint records will be kept for all juvenile offenders;

      ‘(2) shall not detain or confine juveniles alleged to be or determined to be delinquent, or alleged to be or determined to be guilty of an offense, in any institution in which the juvenile has regular physical or personal contact with adult persons who are incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges; and

      ‘(3) shall ensure that religious organizations are eligible, on the same basis as any other private organization, to participate in, and to accept funds, certificates, vouchers, or other forms of disbursement for such participation in, any rehabilitative, assistance, or support program of any type for juveniles, if such programs are implemented consistently with the Constitution of the United States, and that such organizations are not subject to discrimination on the ground that they have a religious charter.

    ‘(d) ALLOCATION-

      ‘(1) IN GENERAL- Subject to paragraph (2) and in accordance with regulations promulgated under this title, funds shall be allocated annually among the States on the basis of relative population of people under 18 years of age.

      ‘(2) EXCEPTIONS- The amount allocated to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000 and not more than $100,000.

‘SEC. 202. NATIONAL PROGRAM.

    ‘(a) IN GENERAL- The Bureau of Justice Assistance shall--

      ‘(1) provide appropriate training to representatives of public and private agencies and organizations with specific experience in the prevention, treatment, and control of juvenile delinquency; and

      ‘(2) collect, prepare, and disseminate useful data regarding the prevention, treatment, and control of juvenile delinquency.

    ‘(b) ADDITIONAL POWERS- In addition to the other powers, express and implied, the Bureau of Justice Assistance may--

      ‘(1) request any Federal agency to supply such statistics, data, program reports, and other material as the National Institute for Juvenile Justice deems necessary to carry out its functions;

      ‘(2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies;

      ‘(3) confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other public or private local agencies; and

      ‘(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.

    ‘(c) COOPERATION WITH FEDERAL AGENCIES- Any Federal agency that receives a request from the Institute under subsection (b)(1) may cooperate with the Bureau of Justice Assistance and shall, to the maximum extent practicable, consult with and furnish information and advice to the Bureau of Justice Assistance.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) IN GENERAL- Subject to subsection (b), there are authorized to be appropriated to carry out this title--

      ‘(1) $150,000,000 for fiscal year 1997; and

      ‘(2) such sums as may be necessary for fiscal years 1998, 1999, 2000, and 2001.

    ‘(b) RESTRICTION- No amount is authorized to be appropriated for a fiscal year to carry out this title 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) SPECIAL GRANTS- Of amounts made available to carry out this title in any fiscal year, the Administrator shall use--

      ‘(1) 70 percent to make grants for the strengthening of prosecution and punishment of youthful offenders;

      ‘(2) 15 percent to make grants for prevention, treatment, and transitional services;

      ‘(3) 10 percent for grants for research; and

      ‘(4) 5 percent for salaries and expenses of the Bureau of Justice Assistance related to administering this title.’.

    (c) RUNAWAY AND HOMELESS YOUTH- Section 385 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751) is amended--

      (1) in subsection (a)--

        (A) in paragraph (1), by striking ‘1993 and such sums as may be necessary for fiscal years 1994, 1995, and 1996’ and inserting ‘1997 and such sums as may be necessary for fiscal years 1998, 1999, 2000, and 2001’; and

        (B) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

      (2) in subsection (b), by striking ‘1993 and such sums as may be necessary for fiscal years 1994, 1995, and 1996’ and inserting ‘1997 and such sums as may be necessary for fiscal years 1998, 1999, 2000, and 2001’; and

      (3) in subsection (c), by striking ‘1993, 1994, 1995, and 1996’ and inserting ‘1997, 1998, 1999, 2000, and 2001’.

    (d) MISSING CHILDREN- 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 Bureau of Juvenile Justice.’;

      (2) in section 408, by striking ‘1993, 1994, 1995, and 1996’ and inserting ‘1997, 1998, 1999, 2000, and 2001’; and

      (3) by striking section 404.

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

SEC. 303. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) DEFINITIONS- For purposes of this section, unless otherwise provided or indicated by the context--

      (1) the term ‘Administrator of the Office’ means the Administrator of the Office of Juvenile Justice and Delinquency Prevention;

      (2) the term ‘Bureau of Justice Assistance’ means the bureau established under section 401 of title I of the Omnibus Crime Control and Safe Streets Act of 1968;

      (3) the term ‘Director’ means the Director of the Office of Juvenile Accountability established under section (b);

      (4) the term ‘Federal agency’ has the meaning given the term ‘agency’ by section 551(1) of title 5, United States Code;

      (5) the term ‘function’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program;

      (6) the term ‘Office of Juvenile Accountability’ means the office established by subsection (b) of this section;

      (7) the term ‘Office of Juvenile Justice and Delinquency Prevention’ means the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice, established by section 201 of the Juvenile Justice and Delinquency Prevention Act of 1974, as in effect on the day before the date of enactment of this Act; and

      (8) the term ‘office’ includes any office, administration, agency, institute, unit, organizational entity, or component thereof.

    (b) ESTABLISHMENT OF OFFICE- There is established within the Bureau of Justice Assistance of the Department of Justice, the Office of Juvenile Accountability, which shall be administrated by a Director who is appointed by the Attorney General.

    (c) TRANSFER OF FUNCTIONS- There are transferred to the Office of Juvenile Accountability established under subsection (b), all function 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) relating to carryinng out the Juvenile Justice and Delinquency Prevention Act of 1974.

    (d) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET- If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under subsection (b)(11).

    (e) PERSONNEL PROVISIONS-

      (1) APPOINTMENTS- The Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code.

      (2) EXPERTS AND CONSULTANTS- The Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently.

    (f) DELEGATION AND ASSIGNMENT- Except as otherwise expressly prohibited by law or otherwise provided by this title, the Director may delegate any of the functions transferred to the Director by this title and any function transferred or granted to the Director after the date of enactment of this Act to such officers and employees of the Office of Juvenile Accountability as the Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director under this subsection or under any other provision of this title shall relieve the Director of responsibility for the administration of such functions.

    (g) REORGANIZATION- The Director is authorized to allocate or reallocate any function transferred under subsection (b) among the officers of the Office of Juvenile Accountability, and to establish, consolidate, alter, or discontinue such organizational entities in that Office as may be necessary or appropriate.

    (h) RULES- The Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Office of Juvenile Accountability.

    (i) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL- Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Office of Juvenile Accountability. Unexpended funds transferred pursuant to this subsection shall be used only for the purpose for which the funds were originally authorized and appropriated.

    (j) INCIDENTAL TRANSFERS- The Director of the Office of Management and Budget, at such time or times as the Director of that Office shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title.

    (k) EFFECT ON PERSONNEL-

      (1) IN GENERAL- Except as otherwise provided by this title, 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 title, any person who, on the day preceding 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 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 positions, for the duration of the service of such person in such new position.

      (3) TERMINATION OF CERTAIN POSITIONS- Postitions whose incumbents are appointed by the President, by and with the consent of the Senate, the functions of which are transferred by this title, shall terminate on the date of enactment of this Act.

    (l) 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 title; and

        (B) that are in effect at the time this title 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 Director or other authorized official, a court of competent jurisdiction, or by operation of law.

      (2) PROCEEDINGS NOT AFFECTED- This title 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 title takes effect, with respect to functions

transferred by this title but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title 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. Nothing in this paragraph shall be deemed 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 title had not been enacted.

      (3) SUITS NOT AFFECTED- This title 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 title 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 title.

      (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 title may be continued by the Office of Juvenile Accountability with the same effect as if this title had not been enacted.

    (m) SEPARABILITY- If a provision of this title or its application to any person or circumstance is held invalid, neither the remainder of this title nor the application of the provision to other persons or circumstances shall be affected.

    (n) TRANSITION- The Director is authorized to 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 Accountability by this title; and

      (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this title.

    (o) 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 under subsection (b), shall be deemed to refer to the Director of the Office of Juvenile Accountability; and

      (2) the Office of Juvenile Justice and Delinquency Prevention with regard to functions transferred under subsection (b), shall be deemed to refer to the Office of Juvenile Accountability.

    (p) TECHNICAL AND CONFORMING AMENDMENT- Section 5315 of title 5, United States Code, is amended by striking ‘Administrator, Office of Juvenile Justice and Delinquency Prevention’.

    (q) ADDITIONAL CONFORMING AMENDMENTS-

      (1) RECOMMENDED LEGISLATION- After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Administrator of the Bureau of Justice Assistance shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this title.

      (2) SUBMISSION TO THE CONGRESS- Not later than 6 months after the date of enactment of this Act, the Administrator of the Bureau of Justice Assistance shall submit the recommended legislation referred to in paragraph (1).

TITLE IV--FEDERAL YOUTH VIOLENCE PREVENTION ACT OF 1996

SEC. 401. SHORT TITLE.

    This title may be cited as the ‘Federal Youth Violence Prevention Act of 1996’.

SEC. 402. FINDINGS.

    The Congress finds the following:

      (1) Parents have primary responsibility for the social, moral, emotional, physical, and cognitive development of their children.

      (2) The lack of supervision of youth by parents and the lack of meaningful activity after school for youth contributes to the spread of violent juvenile delinquency in the form of youth and gang violence, drug trafficking, dangerous and self-destructive behavior, and lack of hope among youth in our Nation.

      (3) The United States expects too much of its schools if the Nation asks the schools to meet single-handedly the responsibilities described in paragraph (1) in addition to accomplishing their basic educational mission. Only a strong partnership among community members, local government, law enforcement, juvenile and family courts, local schools and local educational agencies, local businesses, philanthropic organizations, the religious community, and families can create a community environment that truly supports the youth of the Nation in reaching their highest potential.

      (4) Narrowly targeted categorical programs have created a multitude of Federal funding streams which have become a barrier to effective program coordination and the provision of comprehensive services for children and youth.

      (5) It is critical that the Federal Government encourage and empower communities to develop and implement comprehensive youth development plans.

SEC. 403. PURPOSES.

    It is the purpose of this title to support communities that design strategic plans for youth development that--

      (1) support the primary role of the family in positive youth development;

      (2) give priority to prevention of youth problems and crime through youth development;

      (3) promote increased community coordination and collaboration in meeting the developmental needs of youth;

      (4) support the development and expansion of programs that respond to local needs; and

      (5) promote community partnerships that link youth development programs with services provided by community-based youth development organizations, community-based youth-serving organizations, community-based family-serving organizations, local government (including parks and recreation agencies), law enforcement, juvenile and family courts, and local schools and local educational agencies, and other segments of the community.

SEC. 404. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:

      (1) BUREAU- The term ‘Bureau’ means the Bureau of Justice Assistance.

      (2) COUNTY- The term ‘county’, used to refer to a political subdivision of Vermont, Rhode Island, Connecticut, Hawaii, Alaska, or another State with similar local government, means a city, town, township, village, or other general purpose political subdivision.

      (3) DIRECTOR- The term ‘Director’ means the Director of the Bureau of Justice Assistance.

      (4) ELIGIBLE APPLICANT- The term ‘eligible applicant’ means an applicant who meets the eligibility requirements for a grant under this title.

      (5) JUVENILE POPULATION- The term ‘juvenile population’ means the population of a State under 18 years of age.

      (6) OUTCOME OBJECTIVE- The term ‘outcome objective’ means an objective that relates to the impact of a program or initiative, with respect to the participants in the program or initiative, the families, peer groups, or schools of the participants, or the community that the program or initiative serves, including--

        (A) an objective relating to reducing the incidence of high-risk behaviors, such as school failure, violence, teenage pregnancy, use of alcohol, use of illegal drugs, and juvenile delinquency, among youth in the community; and

        (B) an objective relating to increasing protective factors and reducing risk factors for the participants, the families, peer groups, or schools of the participants, or the community.

      (7) 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 its intended target population;

        (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;

        (C) an objective relating to the number, age, gender, and ethnicity of the youth involved in the program or initiative;

        (D) an objective relating to the degree to which the services delivered are consistent with the intended program model; and

        (E) an objective relating to the cost of delivering services under the program or initiative.

      (8) STATE- The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, except that for purposes of the allocation in section 405, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state and that for these purposes, 67 percent of the amounts allocated shall be allocated to American Samoa, and 33 percent to the Commonwealth of the Northern Mariana Islands.

      (9) STATE OFFICE- The term ‘State office’ means an office designated by the chief executive officer of a State to carry out the provisions of this title, as provided in section 507 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).

      (10) SUBSTANCE ABUSE- The term ‘substance abuse’ has the meaning given the term in section 534 of the Public Health Service Act (42 U.S.C. 290cc-34).

      (11) YOUTH- The term ‘youth’ means an individual who is not younger than age 6 and not older than age 17.

SEC. 405. ALLOCATION OF FUNDING.

    (a) IN GENERAL- Amounts appropriated under this title shall be allocated to the States as follows:

      (1) 0.25 percent shall be allocated to each of the participating States; and

      (2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the juvenile population of such State bears to the population of all the States.

    (b) DISTRIBUTION BY STATES TO ELIGIBLE APPLICANTS-

      (1) ELIGIBLE APPLICANTS- Each State which receives funds under subsection (a) of this section in a fiscal year shall make available funds to eligible applicants for the purposes specified in this title.

      (2) PRIORITIZING- In distributing funds received under this title among eligible applicants, the State shall give priority to those eligible applicants serving jurisdictions with the greatest need in combating crime.

      (3) REMAINING FUNDS- Any funds not distributed to eligible applicants under paragraph (2) shall be available for expenditure by the State involved.

    (c) APPLICATION REQUIRED- No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any program other than a program contained in an approved application.

    (d) ALLOCATION OF FUNDS NOT REQUIRED- If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under this title, or that a State chooses not to participate in the program established under this title, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need in combating crime.

SEC. 406. STATE APPLICATION.

    To be eligible to receive funds under this title, the State shall prepare, and submit to the Director, an application at such time, in such manner, and containing such information, as the Director may reasonably require. Such application shall include, at a minimum, an assurance that the State is prepared to administer such amount in compliance with all the requirements of this title, and, in the case of any application submitted after the first year in which the State receives funds under this title, the State shall submit to the Director an annual program report and the results of an independent audit conducted by the State concerning the administration of such funds.

SEC. 407. LOCAL APPLICATION.

    (a) IN GENERAL- Each application made by an eligible applicant to a State for funds under this title shall be deemed approved, in whole or in part, by the State not later than 45 days after first received unless the State informs the applicant in writing of specific reasons for disapproval. The State shall not finally disapprove any application submitted to the State without first affording the applicant reasonable notice and opportunity for reconsideration.

    (b) AVAILABILITY OF FUNDS- Each State which receives funds under section 405 in a fiscal year shall make such funds available to eligible applicants whose application has been submitted to, approved and awarded by the State, within 45 days after the Director has approved the State application and has made funds available to such State. The Director shall have the authority to waive the 45-day requirement in this section upon a finding that the State cannot satisfy that requirement consistent with State statutes.

SEC. 408. DISTRIBUTION TO GRANT RECIPIENTS.

    (a) GRANTS-

      (1) IN GENERAL- The State office shall award grants in accordance with this subsection to pay for the Federal share of carrying out youth development programs addressing the process objectives and the outcome objectives established under this title.

      (2) DISTRIBUTION OF PROGRAM FUNDS-

        (A) IN GENERAL- For each fiscal year for which a State receives a State allotment, the State shall distribute to each eligible applicant in the State such amount as is necessary for the purpose of conducting community-based youth development programs that may include elements of the following:

          (i) address the process objectives, and the outcome objectives;

          (ii) incorporate components that promote competencies in youth such as--

            (I) social competencies, such as work and family life skills, problem-solving skills, and communication skills; and

            (II) cognitive competencies, such as knowledge, reasoning ability, creativity, and a lifelong commitment to learning and achievement;

          (iii) recognize the primary role of the family in positive youth development in order to strengthen families;

          (iv) promote the involvement of youth (including program participants), parents, and other community members in the planning and implementation of the programs;

          (v) identify specific protective factors and reduce risk factors for youth;

          (vi) coordinate services with other youth and family services in the community and help participants access the services;

          (vii) build relationships between positive adult role models and youth in program settings;

          (viii) encourage youth leadership and civic involvement;

          (ix) employ outreach efforts to youth from low-income families and to the families; or

          (x) a relationship to an existing drug and alcohol abuse treatment or rehabilitation program.

        (B) LIMIT ON USE OF FUNDS- A program may not use more than 10 percent of amounts provided for preservice and inservice training and educational materials and services for program staff.

        (C) APPLICATION- To be eligible to receive an amount referred to in subparagraph (A), the applicant shall prepare and submit to the State an application, at such time, in such manner, and containing such information as the State may reasonably require to assure compliance with this Act. Such application shall include, at a minimum, a description of the types of activities and services for which the amount will be provided, information indicating the extent to which the activities and services achieve the purposes of this title and the purpose described in subparagraph (A).

        (D) PROHIBITION- Funds may not be appropriated under section 405 to carry out a youth employment program providing subsidized employment opportunities, job training activities, or school-to-work activities for participants.

      (3) REQUEST FOR PROPOSALS- The State office shall issue a request for proposals to apply for a grant under paragraph (1). Such request shall specify the process objectives and outcome objectives to be addressed by the applicants submitting the proposals.

      (4) ELIGIBLE APPLICANTS-

        (A) IN GENERAL- In awarding grants under paragraph (1) for programs, the State office shall take into account the extent to which a program meets the objectives and goals of this title. In the second and subsequent years for which such grants are awarded, the State office shall take into account the extent to which the programs receiving funding through such grants were successful in meeting the community process objectives and outcome objectives for youth development programs, including changes in protective factor and risk factor levels.

        (B) ENTITIES- Entities eligible to receive grants under this title are--

          (i) a unit of local government;

          (ii) the local police department or sheriff’s department;

          (iii) the local prosecutor’s office;

          (iv) the local court system;

          (v) the local public school system;

          (vi) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention and treatment; and

          (vii) any combination of the entities described in clauses (i) through (vi).

      (5) GRANT APPLICATIONS- To be eligible to receive a grant under this subsection, an entity shall submit an application to the State office at such time, in such manner, and containing such information as the State office may reasonably require.

      (6) FUNDING PERIOD- The State office may award such a grant for a period of up to 3 years. The State office may terminate the funding made available through such grant during such grant period for a program if the program fails to comply with the requirements of this Act or if insufficient Federal funds are appropriated under section 405 to permit the continuation of funding for the full grant period of all such grants awarded by the State office.

      (7) RENEWALS OF GRANTS- The State office may renew grants made under paragraph (1). 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 process objectives and outcome objectives of this title.

      (8) FEDERAL SHARE REQUIREMENT-

        (A) FEDERAL SHARE- The Federal share of the cost of carrying out a youth development program described in paragraph (1) shall not exceed 90 percent of the costs of a program funded under this title.

        (B) NON-FEDERAL SHARE- In providing for the remaining share of the cost of carrying out such a program, each grant recipient under this subsection--

          (i) shall provide for such share through non-Federal sources;

          (ii) may provide for such share through a payment in cash; and

          (iii) may provide for not more than 50 percent of such share through a payment in kind, fairly evaluated, including facilities, equipment, or services.

      (9) CONTINUATION OF PROGRAMS- The State office may award a grant under this subsection for the continuation of any program carried out prior to the date of enactment of this Act if the program includes elements described in section 408(a)(2)(A).

    (b) ANNUAL REPORTS TO STATE OFFICE- In carrying out a program under this Act, each grant recipient under subsection (a) shall, not later than 45 days after the end of each fiscal year of the State office, prepare and submit to the State office an annual report on the program during the fiscal year, in such manner and containing such information as the Director may reasonably require to determine compliance with this Act.

    (c) EVALUATIONS-

      (1) IN GENERAL- The Director shall provide for the rigorous and independent evaluation of the delinquency and youth violence prevention programs funded under this title. Evaluations and research studies conducted pursuant to this title shall be independent in nature, and shall employ rigorous and scientifically recognized standards and methodologies.

      (2) CONTENT OF EVALUATIONS- Evaluations conducted pursuant to this title shall include measures of--

        (A) reductions in delinquency, juvenile crime, youth gang activity, youth substance abuse, and other high-risk factors;

        (B) reductions in risk factors in young people that contribute to juvenile violence, including availability of drugs, transitions and mobility, neighborhood attachment, community disorganization, extreme economic depression, academic failure in schools, lack of commitment to school, alienation and rebelliousness, attitudes favorable to problem behavior, truancy, and dropping out of school; and

        (C) increase in protective factors that reduce the likelihood of delinquency and criminal behavior.

      (3) RESERVATION OF FUNDS FOR EVALUATION AND RESEARCH-

        (A) IN GENERAL- The Director shall reserve not less than 5 percent of funds appropriated to carry out this title in the first year funds are appropriated and not less than 9 percent of funds appropriated under this title in subsequent years, to carry out the evaluation and research required by this title. Funds allocated for evaluation and research shall be reserved for evaluating programs funded under this title.

        (B) APPLICATIONS, PROCESS, AND CRITERIA- Funds for evaluation and research shall be allocated under a competitive program that provides potential grantees with at least 90 days to submit applications for funds. Applications for funds shall be reviewed by qualified scientists with expertise in the fields of criminology, juvenile delinquency, sociology, psychology, research methodology, evaluation research, statistics, and related areas. The evaluation process shall conform to the process used by the National Institute of Health, National Institute of Justice, or National Science Foundation. The evaluation criteria shall include the normal standards of scientific conduct of evaluation research, the nature and range of programs, as well as the regional and location of programs.

SEC. 409. REALLOTMENT AND REALLOCATION.

    (a) AUTHORITY TO ASSIST STATE OFFICES IN NONPARTICIPATING STATES/REALLOTMENT OF STATE FUNDS-

      (1) IN GENERAL- For any fiscal year for which a State does not submit an application for an allotment under section 406, the Director may use the allotment of such State to make direct grants to eligible State offices in the nonparticipating State.

      (2) APPLICATION- To be eligible to receive a direct grant under paragraph (1), a State office shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require to assure compliance with this Act, including any information that a State office is required to submit in an application under this title.

    (b) STATE REALLOTMENT- For any fiscal year for which a State does not submit an application for an allotment under section 405(c), and the Director does not use the allotment as described in subsection (a), the Director shall make the allotment of such State available to such other States as the Director may determine to be appropriate.

    (c) OBLIGATION AND EXPENDITURE OF FUNDS-

      (1) STATE OBLIGATION OF FUNDS- Any State that receives funds from the Director under this Act shall obligate the funds (other than any amount reserved under section 408(c)) not later than 6 months after the date of such receipt or return the funds to the Director for reallotment in accordance with subsection (b).

      (2) STATE OFFICE OBLIGATION OF FUNDS- Any State office that receives funds from a State or the Director under this Act shall obligate the funds not later than 6 months after the date of such receipt or return the funds to the State for reallocation in accordance with subsection (b), or to the Director for reallotment in accordance with subsection (a), respectively.

      (3) GRANT RECIPIENT EXPENDITURE OF FUNDS- Any grant recipient under section 408 shall expend the funds made available through the grant not later than 3 years after the date of such receipt or return the funds to the State for reallocation.

    (d) SUPPLEMENT NOT SUPPLANT- Funds appropriated under this Act shall be used to supplement and not supplant other Federal, State, and local public funds

expended to provide youth development programs for eligible individuals.

SEC. 410. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated for the activities of this Act--

      (1) $500,000,000 for fiscal year 1997;

      (2) $500,000,000 for fiscal year 1998;

      (3) $500,000,000 for fiscal year 1999;

      (4) $500,000,000 for fiscal year 2000; and

      (5) $500,000,000 for fiscal year 2001.

    (b) AVAILABILITY OF FUNDS- Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.

    (c) ALLOCATION- Funds shall be allocated as described in section 405 of this Act.

SEC. 411. USES OF FUNDS.

    (a) LIMITS- Of the amounts appropriated under this title, not more than 20 percent shall be used for prevention programs. The remaining 80 percent of funds appropriated shall be expended in direct support of--

      (1) the investigation, prosecution, or detention of juvenile offenders; and

      (2) the collection, distribution, and receipt of records, including photographs and fingerprints, of juvenile offenders that are equivalent to the records that would be kept for adult offenders, if such records are made available to law enforcement authorities of any jurisdiction, and that are made available to officials of any school, school district, or postsecondary school where 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) STATE REQUIREMENTS- For a State to receive the full amount of the grant authorized under this title, the State must establish authority to prosecute as adults--

      (1) as a matter of law, juveniles age 14 and older who commit the crime of murder or rape; and

      (2) as a matter of law or as a matter of prosecutorial discretion, juveniles age 14 and older who commit the crime of armed robbery, aggravated assault, or distribution of controlled substances.

    (c) PENALTY- If a State has not established authority referred to in subsection (b), only 50 percent of the authorized grants amount shall be available to that State.

SEC. 412. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    The following provisions of law and the amendments made thereby are hereby repealed:

      (1) Subtitle A through S and subtitles U and X of title III, title V, and title XXVII of the Violent Crime Control and Law Enforcement Act of 1994.

      (2) The Local Partnership Act.

      (3) Title IV of the Elementary and Secondary Education Act.

      (4) Part C of title V of the Elementary and Secondary Education Act.

      (5) Section 517 of the Public Health Service Act.

      (6) Part D of title II of the Juvenile Justice and Delinquency Prevention Act.

      (7) Part G of title II of the Juvenile Justice and Delinquency Prevention Act.

      (8) Title V of the Juvenile Justice and Delinquency Prevention Act.

      (9) Section 408 of the Human Services Reauthorization Act.

      (10) Section 682 of the Community Services Block Grants Act.

      (11) Chapters 1 and 2 of subtitle B of title III of the Anti-Drug Abuse Act.

SEC. 413. CIVIL MONETARY PENALTY SURCHARGE.

    (a) IMPOSITION- Notwithstanding any other provision of law, a surcharge of 40 percent of the principal amount of a civil monetary penalty shall be added to each civil monetary penalty at the time it is assessed by the United States or an agency thereof.

    (b) EFFECTIVE DATES- A surcharge under subsection (a) shall be added to all civil monetary penalties assessed on or after October 1, 1996, or the date of enactment of this title, whichever is later. The authority to add a surcharge under this section shall terminate at 11:59 p.m. eastern standard time on October 1, 2001.

    (c) LIMITATION- The provisions of this section shall not apply to any monetary penalty assessed under the Internal Revenue Code of 1986.

SEC. 414. HOUSING JUVENILE OFFENDERS.

    Section 20105(a)(1) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (as amended by section 114(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 in section 101(a) of Public Law 104-134) is amended by striking ‘15’ and inserting ‘30’.

SEC. 415. FUNDING SOURCE.

    Appropriations for activities authorized in this title may be made from the Violent Crime Reduction Trust Fund.