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 S. 3, Omnibus Crime Control Act of 1997
(continued)
SEC. 1145. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG
ACTIVITY.
(a) PROHIBITED ACTS- Chapter 26 of title 18, United States Code,
is amended by adding at the end the following:
`Sec. 522. Recruitment of persons to participate in criminal street
gang activity
`(a) PROHIBITED ACT- It shall be unlawful for any person to--
`(1) use any facility in, or travel in, interstate or foreign
commerce, or cause another to do so, to recruit, solicit,
request, induce, counsel, command, or cause another person to
be a member of a criminal street gang, or conspire to do so; or
`(2) recruit, solicit, request, induce, counsel, command, or
cause another person to engage in a predicate gang crime for
which such person may be prosecuted in a court of the United
States, or conspire to do so.
`(b) PENALTIES- A person who violates subsection (a) shall--
`(1) if the person recruited--
`(A) is a minor, be imprisoned for a term of not less
than 4 years and not more than 10 years, fined in
accordance with this title, or both; or
`(B) is not a minor, be imprisoned for a term of not less
than 1 year and not more than 10 years, fined in accordance
with this title, or both; and
`(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor reaches the
age of 18.
`(c) DEFINITIONS- In this section--
`(1) the terms `criminal street gang' and `predicate gang
crime' have the same meanings as in section 521; and
`(2) the term `minor' means a person who is younger than 18
years of age.'.
(b) SENTENCING GUIDELINES- Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 2 of the Federal
sentencing guidelines to provide an appropriate enhancement for any
offense involving the recruitment of a minor to participate in a
gang activity.
(c) TECHNICAL AMENDMENT- The chapter analysis for chapter 26 of
title 18, United States Code, is amended by adding at the end the
following:
`522. Recruitment of persons to participate in criminal street gang
activity.'.
SEC. 1146. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO
PARTICIPATE IN CRIMINAL STREET GANGS AND FIREARMS
OFFENSES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking `or' before `(F)'; and
(2) by inserting before the semicolon at the end the
following: `, (G) an offense under section 522 of this title,
or (H) an act or conspiracy to commit any violation of chapter
44 of this title (relating to firearms)'.
SEC. 1147. PROHIBITIONS RELATING TO FIREARMS.
(a) PENALTIES- Section 924(a)(6) of title 18, United States Code,
is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (A);
(3) in subparagraph (A), as redesignated--
(A) by striking `(B) A person other than a juvenile who
knowingly' and inserting `(A) A person who knowingly';
(B) in clause (i), by striking `not more than 1 year' and
inserting `not less than 1 year and not more than 5 years';
and
(C) in clause (ii), by inserting `not less than 1 year
and' after `imprisoned'; and
(4) by adding at the end the following:
`(B) Notwithstanding subparagraph (A), no mandatory minimum
sentence shall apply to a juvenile who is less than 13 years of
age.'.
(b) SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL
PREDICATES- Section 924(e)(2)(A) of title 18, United States Code,
is amended--
(1) in clause (i), by striking `or' at the end;
(2) in clause (ii), by adding `or' at the end; and
(3) by adding at the end the following:
`(iii) any act of juvenile delinquency that if committed
by an adult would be an offense described in clause (i) or
(ii);'.
(c) TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME- Section
924(h) of title 18, United States Code, is amended by striking `10
years, fined in accordance with this title, or both' and inserting
`10 years, and if the transferee is a person who is under 18 years
of age, imprisoned for a term of not less than 3 years, fined in
accordance with this title, or both'.
SEC. 1148. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY
ARMOR.
(a) DEFINITIONS- In this section--
(1) the term `body armor' means any product sold or offered
for sale as personal protective body covering intended to
protect against gunfire, regardless of whether the product is
to be worn alone or is sold as a complement to another product
or garment; and
(2) the term `law enforcement officer' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(b) SENTENCING ENHANCEMENT- The United States Sentencing
Commission shall amend the Federal sentencing guidelines to provide
an appropriate sentencing enhancement, increasing the offense level
not less than 2 levels, for any crime in which the defendant used
body armor.
(c) APPLICABILITY- No Federal sentencing guideline amendment made
pursuant to this section shall apply if the Federal crime in which
the body armor is used constitutes a violation of, attempted
violation of, or conspiracy to violate the civil rights of a person
by a law enforcement officer acting under color of the authority of
such law enforcement officer.
SEC. 1149. ADDITIONAL PROSECUTORS.
There are authorized to be appropriated $20,000,000 for each of
the fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of
Assistant United States Attorneys and attorneys in the Criminal
Division of the Department of Justice to prosecute juvenile
criminal street gangs (as that term is defined in section 521(a) of
title 18, United States Code, as amended by section 1243 of this
subtitle).
SUBTITLE C--JUVENILE CRIME CONTROL AND ACCOUNTABILITY
SEC. 1161. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.
Title I of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) is amended to read as follows:
`TITLE I--FINDINGS AND DECLARATION OF PURPOSE
`SEC. 101. FINDINGS.
`Congress makes the following findings:
`(1) During the past several years, the United States has
experienced an alarming increase in arrests of adolescents for
murder, assault, and weapons offenses.
`(2) In 1994, juveniles accounted for 1 in 5 arrests for
violent crimes, including murder, robbery, aggravated assault,
and rape, including 514 such arrests per 100,000 juveniles 10
through 17 years of age.
`(3) Understaffed, overcrowded juvenile courts, prosecutorial
and public defender offices, probation services, and
correctional facilities no longer adequately address the
changing nature of juvenile crime, protect the public, and
correct youth offenders.
`(4) The juvenile justice system has proven inadequate to
meet the needs of society, because insufficient sanctions are
imposed on serious youth offenders and the needs of children,
who may be at risk of becoming delinquents.
`(5) Existing programs and policies have not adequately
responded to the particular threat of drugs, alcohol abuse,
violence, and gangs pose to the youth of the Nation.
`(6) Demographic increases projected in the number of youth
offenders require reexamination of the prosecution and
incarceration policies for serious violent youth offenders.
`(7) State and local communities that experience directly the
devastating failures of the juvenile justice system require
assistance to deal comprehensively with the problems of
juvenile delinquency.
`(8) Existing Federal programs have not provided the States
with necessary flexibility, and have not provided coordination,
resources, and leadership required to meet the crisis of youth
violence.
`(9) Overlapping and uncoordinated Federal programs have
created a multitude of Federal funding streams to State and
local governments, that have become a barrier to effective
program coordination, responsive public safety initiatives, and
the provision of comprehensive services for children and youth.
`(10) Violent crime by juveniles constitutes a growing threat
to the national welfare that requires an immediate and
comprehensive governmental response, combining flexibility and
coordinated evaluation.
`(11) Limited State and local resources are being wasted
complying with the unnecessary Federal mandate that status
offenders be deinstitutionalized. Some communities believe
that curfews are appropriate for juveniles, and those
communities should not be prohibited by the Federal Government
from using confinement for status offenses as a means of
dealing with delinquent behavior before it becomes criminal
conduct.
`(12) Limited State and local resources are being wasted
complying with the unnecessary Federal mandate that no juvenile
be detained or confined in any jail or lockup for adults,
because it can be feasible to separate adults and juveniles in
1 facility. This mandate is particularly burdensome for rural
communities.
`(13) The role of the Federal Government should be to
encourage and empower communities to develop and implement
policies to protect adequately the public from serious juvenile
crime as well as comprehensive programs to reduce risk factors
and prevent juvenile delinquency.
`(14) A strong partnership among law enforcement, local
government, juvenile and family courts, schools, businesses,
philanthropic organizations, families, and the religious
community, can create a community environment that supports the
youth of the Nation in reaching their highest potential and
reduces the destructive trend of juvenile crime.
`SEC. 102. PURPOSE AND STATEMENT OF POLICY.
`(a) IN GENERAL- The purposes of this Act are--
`(1) to protect the public and to hold juveniles accountable
for their acts;
`(2) to empower States and communities to develop and
implement comprehensive programs that support families and
reduce risk factors and prevent serious youth crime and
juvenile delinquency;
`(3) to provide for the thorough and ongoing evaluation of
all federally funded programs addressing juvenile crime and
delinquency;
`(4) to provide technical assistance to public and private
nonprofit entities that protect public safety, administer
justice and corrections to delinquent youth, or provide
services to youth at risk of delinquency, and their families;
`(5) to establish a centralized research effort on the
problems of youth crime and juvenile delinquency, including the
dissemination of the findings of such research and all related
data;
`(6) to establish a Federal assistance program to deal with
the problems of runaway and homeless youth;
`(7) to assist State and local governments in improving the
administration of justice for juveniles;
`(8) to assist the State and local governments in reducing
the level of youth violence;
`(9) to assist State and local governments in promoting
public safety by supporting juvenile delinquency prevention and
control activities;
`(10) to encourage and promote programs designed to keep in
school juvenile delinquents expelled or suspended for
disciplinary reasons;
`(11) to assist State and local governments in promoting
public safety by encouraging accountability through the
imposition of meaningful sanctions for acts of juvenile
delinquency;
`(12) to assist State and local governments in promoting
public safety by improving the extent, accuracy, availability
and usefulness of juvenile court and law enforcement records
and the openness of the juvenile justice system;
`(13) to assist State and local governments in promoting
public safety by encouraging the identification of violent and
hardcore juveniles and transferring such juveniles out of the
jurisdiction of the juvenile justice system and into the
jurisdiction of adult criminal court;
`(14) to assist State and local governments in promoting
public safety by providing resources to States to build or
expand juvenile detention facilities;
`(15) to provide for the evaluation of federally assisted
juvenile crime control programs, and training necessary for the
establishment and operation of such programs;
`(16) to ensure the dissemination of information regarding
juvenile crime control programs by providing a national
clearinghouse; and
`(17) to provide technical assistance to public and private
nonprofit juvenile justice and delinquency prevention programs.
`(b) STATEMENT OF POLICY- It is the policy of Congress to provide
resources, leadership, and coordination--
`(1) to combat youth violence and to prosecute and punish
effectively violent juvenile offenders; and
`(2) to improve the quality of juvenile justice in the United
States.
`SEC. 103. DEFINITIONS.
`In this Act:
`(1) ADMINISTRATOR- The term `Administrator' means the
Administrator of the Office of Juvenile Crime Control and
Accountability.
`(2) CONSTRUCTION- The term `construction' means acquisition,
expansion, remodeling, and alteration of existing buildings,
and initial equipment of any such buildings, or any combination
of such activities (including architects' fees but not the cost
of acquisition of land for buildings).
`(3) JUVENILE POPULATION- The term `juvenile population'
means the population of a State under 18 years of age.
`(4) OFFICE- The term `Office' means the Office of Juvenile
Crime Control and Accountability established under section 201.
`(5) OUTCOME OBJECTIVE- The term `outcome objective' means an
objective that relates to the impact of a program or
initiative, that measures the reduction of high risk behaviors,
such as incidence of arrest, the commission of criminal acts or
acts of delinquency, failure in school, violence, the use of
alcohol or illegal drugs, involvement of youth gangs, and
teenage pregnancy, among youth in the community.
`(6) PROCESS OBJECTIVE- The term `process objective' means an
objective that relates to the manner in which a program or
initiative is carried out, including--
`(A) an objective relating to the degree to which the
program or initiative is reaching the target population; and
`(B) an objective relating to the degree to which the
program or initiative addresses known risk factors for
youth problem behaviors
and incorporates activities that inhibit the behaviors and that
build on protective factors for youth.
`(7) STATE- The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory of the Pacific Islands, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
`(8) STATE OFFICE- The term `State office' means an office
designated by the chief executive officer of a State to carry
out this title, as provided in section 507 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
`(9) TREATMENT- The term `treatment' includes medical and
other rehabilitative services designed to protect the public,
including any services designed to benefit addicts and other
users by--
`(A) eliminating their dependence on alcohol or other
addictive or nonaddictive drugs; or
`(B) controlling their dependence and susceptibility to
addiction or use.
`(10) YOUTH- The term `youth' means an individual who is not
less than 6 years of age and not more than 17 years of age.'.
SEC. 1162. YOUTH CRIME CONTROL AND ACCOUNTABILITY BLOCK GRANTS.
(a) OFFICE OF JUVENILE CRIME CONTROL AND ACCOUNTABILITY- Section
201 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5611) is amended--
(1) in subsection (a), by striking `Office of Juvenile
Justice and Delinquency Prevention' and inserting `Office of
Juvenile Crime Control and Accountability'; and
(2) by adding at the end the following:
`(d) DELEGATION AND ASSIGNMENT-
`(1) IN GENERAL- Except as otherwise expressly prohibited by
law or otherwise provided by this title, the Administrator may--
`(A) delegate any of the functions of the Administrator,
and any function transferred or granted to the
Administrator after the date of enactment of this Act, to
such officers and employees of the Office as the
Administrator may designate; and
`(B) authorize successive redelegations of such functions
as may be necessary or appropriate.
`(2) RESPONSIBILITY- No delegation of functions by the
Administrator under this subsection or under any other
provision of this title shall relieve the Administrator of
responsibility for the administration of such functions.
`(e) REORGANIZATION- The Administrator may allocate or reallocate
any function transferred among the officers of the Office, and
establish, consolidate, alter, or discontinue such organizational
entities in that Office as may be necessary or appropriate.'.
(b) NATIONAL PROGRAM- Section 204 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to
read as follows:
`SEC. 204. NATIONAL PROGRAM.
`(a) NATIONAL JUVENILE CRIME CONTROL AND JUVENILE OFFENDER
ACCOUNTABILITY PLAN-
`(1) IN GENERAL- The Administrator shall develop objectives,
priorities, and short- and long-term plans, and shall implement
overall policy and a strategy to carry out such plan, for all
Federal juvenile crime control and juvenile offender
accountability programs and activities relating to improving
juvenile crime control and the enhancement of accountability by
offenders within the juvenile justice system in the United
States.
`(2) CONTENTS OF PLANS-
`(A) IN GENERAL- Each plan described in paragraph (1)
shall--
`(i) contain specific, measurable goals and criteria
for reducing the incidence of crime and delinquency
among juveniles, improving juvenile crime control, and
ensuring accountability by offenders within the
juvenile justice system in the United States, and shall
include criteria for any discretionary grants and
contracts, for conducting research, and for carrying
out other activities under this title;
`(ii) provide for coordinating the administration of
programs and activities under this title with the
administration of all other Federal juvenile crime
control and juvenile offender accountability programs
and activities, including proposals for joint funding
to be coordinated by the Administrator;
`(iii) provide a detailed summary and analysis of the
most recent data available regarding the number of
juveniles taken into custody, the rate at which juveniles
are taken into custody, and the trends demonstrated by such data.
`(iv) provide a description of the activities for
which amounts are expended under this title;
`(v) provide specific information relating to the
attainment of goals set forth in the plan, including
specific, measurable standards for assessing progress
toward national juvenile crime reduction and juvenile
offender accountability goals; and
`(vi) provide for the coordination of Federal, State,
and local initiatives for the reduction of youth crime
and ensuring accountability for juvenile offenders.
`(B) SUMMARY AND ANALYSIS- Each summary and analysis
under subparagraph (A)(iii) shall set out the information
required by clauses (i), (ii), and (iii) of this
subparagraph separately for juvenile nonoffenders, juvenile
status offenders, and other juvenile offenders. Such
summary and analysis shall separately address with respect
to each category of juveniles specified in the preceding
sentence--
`(i) the types of offenses with which the juveniles
are charged;
`(ii) the ages of the juveniles;
`(iii) the types of facilities used to hold the
juveniles (including juveniles treated as adults for
purposes of prosecution) in custody, including secure
detention facilities, secure correctional facilities,
jails, and lockups; and
`(iv) the number of juveniles who died while in
custody and the circumstances under which each juvenile
died.
`(3) ANNUAL REVIEW- The Administrator shall annually--
`(A) review each plan submitted under this subsection;
`(B) revise the plans, as the Administrator considers
appropriate; and
`(C) not later than March 1 of each year, present the
plans to the Committees on the Judiciary of the Senate and
the House of Representatives.
`(b) DUTIES OF ADMINISTRATOR- In carrying out this title, the
Administrator shall--
`(1) advise the President through the Attorney General as to
all matters relating to federally assisted juvenile crime
control and juvenile offender accountability programs, and
Federal policies regarding juvenile crime and justice,
including policies relating to juveniles prosecuted or
adjudicated in the Federal courts;
`(2) implement and coordinate Federal juvenile crime control
and juvenile offender accountability programs and activities
among Federal departments and agencies and between such
programs and activities and other Federal programs and
activities that the Administrator determines may have an
important bearing on the success of the entire national
juvenile crime control and juvenile offender accountability
effort;
`(3) provide for the auditing of grants provided pursuant to
this title;
`(4) collect, prepare, and disseminate useful data regarding
the prevention, correction, and control of juvenile crime and
delinquency, and issue, not less frequently than once each
calendar year, a report on successful programs and juvenile
crime reduction methods utilized by States, localities, and
private entities;
`(5) ensure the performance of comprehensive rigorous
independent scientific evaluations, each of which shall--
`(A) be independent in nature, and shall employ rigorous
and scientifically valid standards and methodologies; and
`(B) include measures of outcome and process objectives,
such as reductions in juvenile crime, youth gang activity,
youth substance abuse, and other high risk factors, as well
as increases in protective factors that reduce the
likelihood of delinquency and criminal behavior;
`(6) involve consultation with appropriate authorities in the
States and with appropriate private entities in the
development, review, and revision of the plans required by
subsection (a) and in the development of policies relating to
juveniles prosecuted or adjudicated in the Federal courts; and
`(7) provide technical assistance to the States, units of
local government, and private entities in implementing programs
funded by grants under this title.
`(c) NATIONAL JUVENILE CRIME CONTROL AND JUVENILE OFFENDER
ACCOUNTABILITY BUDGET-
`(1) IN GENERAL- The Administrator shall--
`(A) develop for each fiscal year, with the advice of the
program managers of departments and agencies with
responsibilities for any Federal juvenile crime control or
juvenile offender accountability program, a consolidated
National Juvenile Crime Control and Juvenile Offender
Accountability Plan budget proposal to implement the
National Juvenile Crime Control and Juvenile Offender
Accountability Plan; and
`(B) transmit such budget proposal to the President and
to Congress.
`(2) SUBMISSION OF JUVENILE OFFENDER ACCOUNTABILITY BUDGET
REQUEST-
`(A) IN GENERAL- Each Federal Government program manager,
agency head, and department head with responsibility for
any Federal juvenile crime control or juvenile offender
accountability program shall submit the juvenile crime
control and juvenile offender accountability budget request
of the program, agency, or department to the Administrator
at the same time as such request is submitted to their
superiors (and before submission to the Office of
Management and Budget) in the preparation of the budget of
the President submitted to Congress under section 1105(a)
of title 31, United States Code.
`(B) TIMELY DEVELOPMENT AND SUBMISSION- The head of each
department or agency with responsibility for a Federal
juvenile crime control or juvenile offender accountability
program shall ensure timely development and submission to
the Administrator of juvenile crime control and juvenile
offender accountability budget requests transmitted
pursuant to this subsection, in such format as may be
designated by the Administrator with the concurrence of the
Administrator of the Office of Management and Budget.
`(3) REVIEW AND CERTIFICATION- The Administrator shall--
`(A) review each juvenile crime control and juvenile
offender accountability budget request transmitted to the
Administrator under paragraph (2);
`(B) certify in writing as to the adequacy of such
request in whole or in part to implement the objectives of
the National Juvenile Crime Control and Juvenile Offender
Accountability Plan for the year for which the request is
submitted and, with respect to a request that is not
certified as adequate to implement the objectives of the
National Juvenile Crime Control and Juvenile Offender
Accountability Plan, include in the certification an
initiative or funding level that would make the request
adequate; and
`(C) notify the program manager, agency head, or
department head, as applicable, regarding the certification
of the Administrator under subparagraph (B).
`(4) RECORDKEEPING REQUIREMENT- The Administrator shall
maintain records regarding certifications under paragraph (3)(B).
`(5) FUNDING REQUESTS- The Administrator shall request the
head of a department or agency to include in the budget
submission of the department or agency to the Office of
Management and Budget, funding requests for specific
initiatives that are consistent with the priorities of the
President for the National Juvenile Crime Control and Juvenile
Offender Accountability Plan and certifications made pursuant
to paragraph (3), and the head of the department or agency
shall comply with such a request.
`(6) REPROGRAMMING AND TRANSFER REQUESTS-
`(A) IN GENERAL- No department or agency with
responsibility for a Federal juvenile crime control or
juvenile offender accountability program shall submit to
Congress a reprogramming or transfer request with respect
to any amount of appropriated amounts greater than
$5,000,000 that is included in the National Juvenile Crime
Control and Juvenile Offender Accountability Plan budget
unless such request has been approved by the Administrator.
`(B) APPEAL TO PRESIDENT- The head of any department or
agency with responsibility for a Federal juvenile crime
control or juvenile offender accountability program may
appeal to the President any disapproval by the
Administrator of a reprogramming or transfer request.
`(7) QUARTERLY REPORTS- The Administrator shall report to
Congress on a quarterly basis regarding the need for any
reprogramming or transfer of appropriated amounts for National
Juvenile Crime Control and Juvenile Offender Accountability
Plan activities.
`(d) INFORMATION, REPORTS, STUDIES, AND SURVEYS FROM OTHER
AGENCIES- The Administrator may require, through appropriate
authority, Federal departments and agencies engaged in any activity
involving any Federal juvenile crime control and juvenile offender
accountability program to provide the Administrator with such
information and reports, and to conduct such studies and surveys,
as the Administrator determines to be necessary to carry out the
purposes of this title.
`(e) UTILIZATION OF SERVICES AND FACILITIES OF OTHER AGENCIES;
REIMBURSEMENT- The Administrator may utilize the services and
facilities of any agency of the Federal Government and of any other
public agency or institution in accordance with appropriate
agreements, and to pay for such services either in advance or by
way of reimbursement as may be agreed upon.
`(f) COORDINATION OF FUNCTIONS OF ADMINISTRATOR AND SECRETARY OF
HEALTH AND HUMAN SERVICES- All functions of the Administrator under
title shall be coordinated as appropriate with the functions of the
Secretary of Health and Human Services under title III.
`(g) ANNUAL JUVENILE DELINQUENCY DEVELOPMENT STATEMENTS-
`(1) IN GENERAL- The Administrator shall require through
appropriate authority each Federal agency that administers a
Federal juvenile crime control and juvenile offender
accountability program to submit annually to the Office a
juvenile crime control and juvenile offender accountability
development statement. Such statement shall be in addition to
any information, report, study, or survey that the
Administrator may require under subsection (d).
`(2) CONTENTS- Each development statement submitted to the
Administrator under paragraph (1) shall contain such
information, data, and analyses as the Administrator may
require. Such analyses shall include an analysis of the extent
to which the program of the Federal agency submitting such
development statement conforms with and furthers Federal
juvenile crime control and juvenile offender accountability
prevention and treatment goals and policies.
`(3) REVIEW AND COMMENT-
`(A) IN GENERAL- The Administrator shall review and
comment upon each juvenile crime control and juvenile
offender accountability development statement transmitted
to the Administrator under paragraph (1).
`(B) INCLUSION IN OTHER DOCUMENTATION- Such development
statement, together with the comments of the Administrator,
shall be included by the Federal agency involved in every
recommendation or request made by such agency for Federal
legislation that significantly affects juvenile crime
control and juvenile offender accountability.
`(h) JUVENILE CRIME CONTROL AND JUVENILE OFFENDER ACCOUNTABILITY
INCENTIVE BLOCK GRANTS-
`(1) IN GENERAL- The Administrator shall make, subject to the
availability of appropriations, grants to States to assist them
in planning, establishing, operating, coordinating, and
evaluating projects, directly or through grants and contracts
with public and private agencies, for the development of more
effective investigation, prosecution, and punishment (including
the imposition of graduated sanctions) of crimes or acts of
delinquency committed by juveniles, programs to improve the
administration of justice for and ensure accountability by
juvenile offenders, and programs to reduce the risk factors
(such as truancy, drug or alcohol use, and gang involvement)
associated with juvenile crime or delinquency.
`(2) USE OF GRANTS- Grants under this title may be used--
`(A) for programs to enhance the identification,
investigation, prosecution, and punishment of juvenile
offenders, such as--
`(i) the utilization of graduated sanctions;
`(ii) the utilization of short-term confinement of
juveniles who are charged with or who are convicted of--
`(I) a crime of violence (as that term is defined in section 16
of title 18, United States Code);
`(II) an offense involving a controlled substance (as that term
is defined in section 102 of the Controlled Substances Act (21
U.S.C. 802);
`(III) an offense involving possession of a firearm (as that term
is defined in section 921(a) of title 18, United States Code); or
`(IV) an offense involving possession of a destructive device (as
that term is defined in section 921(a) of title 18, United States
Code); and
`(iii) the incarceration of violent juvenile
offenders for extended periods of time
(including up to the length of adult sentences);
`(B) for programs that provide restitution to the victims
of crimes committed by juveniles;
`(C) for programs that require juvenile offenders to
attend and successfully complete school or vocational
training;
`(D) for programs that require juvenile offenders who are
parents to demonstrate parental responsibility by working
and paying child support;
`(E) for programs that seek to curb or punish truancy;
`(F) for programs designed to collect, record, and
disseminate information useful in the identification,
prosecution, and sentencing of offenders, such as criminal
history information, fingerprints, and DNA tests;
`(G) for programs that provide that, whenever a juvenile
who is not less than 14 years of age is adjudicated
delinquent, as defined by Federal or State law in a
juvenile delinquency proceeding for conduct that, if
committed by an adult, would constitute a felony under
Federal or State law, the State shall ensure that a record
is kept relating to the adjudication that is--
`(i) equivalent to the record that would be kept of
an adult conviction for such an offense;
`(ii) retained for a period of time that is equal to
the period of time that records are kept for adult
convictions;
`(iii) made available to law enforcement agencies of
any jurisdiction; and
`(iv) made available to officials of a school, school
district, or postsecondary school where the individual
who is the subject of the juvenile record seeks,
intends, or is instructed to enroll, and that such
officials are held liable to the same standards and
penalties that law enforcement and juvenile justice
system employees are held liable to, under Federal and
State law, for handling and disclosing such information;
`(H) for juvenile crime control and prevention programs
(such as curfews, youth organizations, antidrug programs,
antigang programs, and after school activities) that
include a rigorous, comprehensive evaluation component that
measures the decrease in risk factors associated with the
juvenile crime and delinquency and employs scientifically
valid standards and methodologies;
`(I) for the development and implementation of
coordinated multijurisdictional or multiagency programs for
the identification, control, supervision, prevention,
investigation, and treatment of the most serious juvenile
offenses and offenders, sometimes known as a `SHOCAP
Program' (Serious Habitual Offenders Comprehensive Action
Program); or
`(J) for the development and implementation of
coordinated multijurisdictional or multiagency programs for
the identification, control, supervision, prevention,
investigation, and disruption of youth gangs.
`(3) REQUIREMENTS- To be eligible to receive a grant under
this title, a State shall make reasonable efforts, as certified
by the Governor, to ensure that, not later than July 1, 2000--
`(A) juveniles age 14 and older can be prosecuted under
State law as adults, as a matter of law or prosecutorial
discretion for a crime of violence (as that term is defined
in section 16 of title 18, United States Code) such as
murder or armed robbery, an offense involving a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), or the unlawful possession
of a firearm (as that term is defined in section 921(a) of
title 18, United States Code) or a destructive device (as
that term is defined in section 921(a) of title 18, United
States Code);
`(B) the State has in place a system of graduated
sanctions for juvenile offenders;
`(C) the State has in place a juvenile court system that
treats juvenile offenders uniformly throughout the State;
`(D) the State collects, records, and disseminates
information useful in the identification, prosecution, and
sentencing of offenders, such as criminal history
information, fingerprints, and DNA tests (if taken), to
other Federal, State, and local law enforcement agencies;
`(E) the State ensures that religious organizations can
participate in rehabilitative programs designed to purposes
authorized by this title; and
`(F) the State shall not detain or confine juveniles who
are alleged to be or determined to be delinquent in any
institution in which the juvenile has regular sustained
physical contact with adult persons who are detained or
confined.
`(i) DISTRIBUTION BY STATE OFFICES TO ELIGIBLE APPLICANTS-
`(1) IN GENERAL- Of amounts made available to the State, not
more than 20 percent shall be used for programs pursuant to
paragraph (2)(ii).
`(2) ELIGIBLE APPLICANTS- Entities eligible to receive
amounts distributed by the State office under this title are--
`(A) a unit of local government;
`(B) local police or sheriff's departments;
`(C) State or local prosecutor's offices;
`(D) State or local courts responsible for the
administration of justice in cases involving juvenile
offenders;
`(E) schools;
`(F) nonprofit, educational, religious, or community
groups active in crime prevention or drug use prevention
and treatment; or
`(G) any combination of the entities described in
subparagraphs (A) through (F).
`(j) APPLICATION TO STATE OFFICE-
`(1) IN GENERAL- To be eligible to receive amounts from the
State office, the applicant shall prepare and submit to the
State office an application in written form that--
`(A) describes the types of activities and services for
which the amount will be provided;
`(B) includes information indicating the extent to which
the activities and services achieve the purposes of the
title;
`(C) provide for the evaluation component required by
subsection (b)(2), which evaluation shall be conducted by
an independent entity; and
`(D) provides any other information that the State office
may require.
`(2) PRIORITY- In approving applications under this
subsection, the State office should give priority to those
applicants demonstrating coordination with, consolidation of,
or expansion of existing State or local juvenile crime control
and juvenile offender accountability programs.
`(k) FUNDING PERIOD- The State office may award such a grant for
a period of not more than 3 years.
`(l) RENEWAL OF GRANTS- The State office may renew grants made
under this title. After the initial grant period, in determining
whether to renew a grant to an entity to carry out activities, the
State office shall give substantial weight to the effectiveness of
the activities in achieving reductions in crimes committed by
juveniles and in improving the administration of justice to
juvenile offenders.
`(m) SPECIAL GRANTS- Of amounts made available under this title
in any fiscal year, the Administrator may use--
`(1) not more than 7 percent for grants for research and
evaluation;
`(2) not more than 3 percent for grants to Indian tribes for
purposes authorized by this title; and
`(3) not more than 5 percent for salaries and expenses of the
Office related to administering this title.'.
(c) REPEALS; ADMINISTRATIVE PROVISIONS- Title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et
seq.) is amended--
(1) by striking sections 206 and 207 and inserting the
following:
`SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS-
`(a) ALLOCATION OF GRANT AMOUNTS-
`(1) IN GENERAL- Amounts made available under section 204(h)
or part B shall be allocated to the States as follows:
`(A) 0.25 percent shall be allocated to each State; and
`(B) of the total amount remaining after the allocation
under subparagraph (A), there shall be allocated to each
State an amount that bears the same ratio to the amount of
remaining funds described in this paragraph as the juvenile
population of such State bears to the juvenile population
of all the States.
`(2) EXCEPTIONS- The amount allocated to the Virgin Islands
of the United States, Guam, American Samoa, the Trust Territory
of the Pacific Islands, and the Commonwealth of the Northern
Mariana Islands shall be not less than $75,000 and not more
than $100,000.
`(3) REALLOCATION PROHIBITED- Any amounts appropriated but
not allocated due to the ineligibility or nonparticipation of
any State shall not be reallocated, but shall revert to the
Treasury
at the end of the fiscal year for which they were appropriated.
`(4) RESTRICTIONS ON THE USE OF AMOUNTS-
`(A) EXPERIMENTATION ON INDIVIDUALS-
`(i) IN GENERAL- No amounts made available to carry
out this title may be used for any biomedical or
behavior control experimentation on individuals or any
research involving such experimentation.
`(ii) DEFINITION OF `BEHAVIOR CONTROL'- In this
subparagraph, the term `behavior control'--
`(I) means any experimentation or research employing methods that--
`(aa) involve a substantial risk of physical or psychological
harm to the individual subject; and
`(bb) are intended to modify or alter criminal and other
antisocial behavior, including aversive conditioning therapy, drug
therapy, chemotherapy (except as part of routine clinical care),
physical therapy of mental disorders, electroconvulsive therapy, or
physical punishment; and
`(II) does not include a limited class of programs generally
recognized as involving no such risk, including methadone
maintenance and certain alcohol treatment programs, psychological
counseling, parent training, behavior contracting, survival skills
training, restitution, or community service, if safeguards are
established for the informed consent of subjects (including parents
or guardians of minors).
`(B) PROHIBITION AGAINST USE OF AMOUNTS IN CONSTRUCTION-
No amount made available to any public or private agency,
or institution or to any individual under this title
(either directly or through a State office) may be used for
construction, except for minor renovations or additions to
an existing structure.
`(C) JOB TRAINING- No amount made available under this
title may be used to carry out a youth employment program
to provide subsidized employment opportunities, job
training activities, or school-to-work activities for
participants.
`(D) LOBBYING-
`(i) IN GENERAL- Except as provided in clause (ii),
no amount made available under this title to any public
or private agency, organization, or institution or to
any individual shall be used to pay for any personal
service, advertisement, telegram, telephone
communication, letter, printed or written matter, or
other device intended or designed to influence a Member
of Congress or any other Federal, State, or local
elected official to favor or oppose any Act, bill,
resolution, or other legislation, or any referendum,
initiative, constitutional amendment, or any other
procedure of Congress, any State legislature, any local
council, or any similar governing body.
`(ii) EXCEPTION- This subparagraph does not preclude
the use of amounts made available under this title in
connection with communications to Federal, State, or
local elected officials, upon the request of such
officials through proper official channels, pertaining
to authorization, appropriation, or oversight measures
directly affecting the operation of the program involved.
`(E) LEGAL ACTION- No amounts made available under this
title to any public or private agency, organization,
institution, or to any individual, shall be used in any way
directly or indirectly to file an action or otherwise take
any legal action against any Federal, State, or local
agency, institution, or employee.
`(F) RELIGIOUS ORGANIZATIONS-
`(i) IN GENERAL- The purpose of this subparagraph is
to allow State and local governments to contract with
religious organizations, or to allow religious
organizations to accept certificates, vouchers, or
other forms of disbursement under any program described
in this title, on the
same basis as any other nongovernmental provider without impairing
the religious character of such organizations, and without
diminishing the religious freedom of beneficiaries of assistance
funded under such program.
`(ii) NONDISCRIMINATION AGAINST RELIGIOUS
ORGANIZATIONS- A State or local government exercising
its authority to distribute grants to applicants under
this title shall ensure that religious organizations
are eligible, on the same basis as any other private
organization, as contractors to provide assistance, or
to accept certificates, vouchers, or other forms of
disbursement, under any program described in this
title, so long as the programs are implemented
consistent with the Establishment Clause of the United
States Constitution. Except as provided in clause (x),
neither the Federal Government nor a State receiving
funds under such programs shall discriminate against an
organization which is or applies to be a contractor to
provide assistance, or which is or applies to be a
contractor to provide assistance, or which accepts
certificates, vouchers, or other forms of disbursement,
on the basis that the organization has a religious
character.
`(iii) RELIGIOUS CHARACTER AND FREEDOM-
`(I) RELIGIOUS ORGANIZATIONS- A religious organization that
participates in a program authorized by this title shall retain its
independence from Federal, State, and local governments, including
such organization's control over the definition, development,
practice, and expression of its religious beliefs.
`(II) ADDITIONAL SAFEGUARDS- Neither the Federal Government nor a
State shall require a religious organization to--
`(aa) alter its form of internal governance; or
`(bb) remove religious art, icons, scripture, or other symbols;
in order to be eligible to contract to provide assistance, or to
accept certificates, vouchers, or other forms of disbursements,
funded under a program described in this title.
`(iv) RIGHTS OF BENEFICIARIES OF ASSISTANCE- If
juvenile offender has an objection to the religious
character of the organization or institution from which
the juvenile offender receives, or would receive,
assistance funded under any program described in this
title, the State in which the individual resides shall
provide such individual (if otherwise eligible for such
assistance) within a reasonable period of time after
the date of such objection with assistance from an
alternative provider.
`(v) EMPLOYMENT PRACTICES- A religious organization's
exemption provided under section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-1a) regarding
employment practices shall not be affected by its
participation in, or receipt of funds from, programs
described in this title.
`(vi) NONDISCRIMINATION AGAINST BENEFICIARIES- Except
as otherwise provided in law, a religious organization
shall not discriminate against an individual in regard
to rendering assistance funded under any program
described in this title on the basis of religion, a
religious belief, or refusal to actively participate in
a religious practice.
`(vii) FISCAL ACCOUNTABILITY-
`(I) IN GENERAL- Subject to subclause (II), any religious
organization contracting to provide assistance funded under any
program described in clause (i)(II) shall be subject to the same
regulations as other contractors to account in accord with
generally accepted auditing principles for the use of such funds
provided under such programs.
`(II) LIMITED AUDIT- If such organization segregates Federal
funds provided under such programs into separate accounts, then
only the financial assistance provided with such funds shall be
subject to audit.
`(viii) COMPLIANCE- Any party which seeks to enforce
its rights under this
subparagraph may assert a civil action for injunctive relief
exclusively in an appropriate State court against the entity or
agency that allegedly commits such violation.
`(ix) LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES- No funds provided directly to institutions or
organizations to provide services and administer
programs under this title shall be expended for
sectarian worship, instruction, or proselytization.
`(x) PREEMPTION- Nothing in this subparagraph shall
be construed to preempt any provision of a State
constitution or State statute that prohibits or
restricts the expenditure of State funds in or by
religious organizations.
`(5) PENALTIES-
`(A) IN GENERAL- If any amounts are used for the purposes
prohibited in either subparagraph (D) or (E) of paragraph
(4)--
`(i) all funding for the agency, organization,
institution, or individual at issue shall be
immediately discontinued; and
`(ii) the agency, organization, institution, or
individual using amounts for the purpose prohibited in
subparagraph (D) or (E) of paragraph (4) shall be
liable for reimbursement of all amounts granted to the
individual or entity for the fiscal year for which the
amounts were granted.
`(B) LIABILITY FOR EXPENSES AND DAMAGES- In relation to a
violation of paragraph (4)(E), the individual filing the
lawsuit or responsible for taking the legal action against
the Federal, State, or local agency or institution, or
individual working for the Government, shall be
individually liable for all legal expenses and any other
expenses of the government agency, institution, or
individual working for the Government, including damages
assessed by the jury against the Government agency,
institution, or individual working for the government, and
any punitive damages.
`(b) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to
carry out this title--
`(A) $650,000,000 for fiscal year 1998;
`(B) $650,000,000 for fiscal year 1999;
`(C) $650,000,000 for fiscal year 2000;
`(D) $650,000,000 for fiscal year 2001; and
`(E) $650,000,000 for fiscal year 2002.
`(2) ALLOCATION OF APPROPRIATIONS- Of amounts authorized to
be appropriated under paragraph (1) in each fiscal year--
`(A) $500,000,000 shall be for programs under section
204(h); and
`(B) $150,000,000 shall be for programs under part B.
`(3) AVAILABILITY OF FUNDS- Amounts made available pursuant
to this subsection, and allocated pursuant to paragraph (1) in
any fiscal year shall remain available until expended.
`SEC. 207. ADMINISTRATIVE PROVISIONS.
`(a) AUTHORITY OF ADMINISTRATOR- The Office shall be administered
by the Administrator under the general authority of the Attorney
General.
`(b) APPLICABILITY OF CERTAIN CRIME CONTROL PROVISIONS- Sections
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),
3789g(d)) shall apply with respect to the administration of and
compliance with this Act, except that for purposes of this Act--
`(1) any reference to the Office of Justice Programs in such
sections shall be considered to be a reference to the Assistant
Attorney General who heads the Office of Justice Programs; and
`(2) the term `this title' as it appears in such sections
shall be considered to be a reference to this Act.
`(c) APPLICABILITY OF CERTAIN OTHER CRIME CONTROL PROVISIONS-
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787)
shall apply with respect to the administration of and compliance
with this Act, except that, for purposes of this Act--
`(1) any reference to the Attorney General, the Assistant
Attorney General who heads the Office of Justice Programs, the
Director of the National Institute of Justice, the Director of
the Bureau of Justice Statistics, or the Director of the Bureau
of Justice Assistance shall be considered to be a reference to
the Administrator;
`(2) any reference to the Office of Justice Programs, the
Bureau of Justice Assistance, the National Institute of
Justice, or the Bureau of Justice
Statistics shall be considered to be a reference to the Office of
Juvenile Justice and Delinquency Prevention; and
`(3) the term `this title' as it appears in such sections
shall be considered to be a reference to this Act.
`(d) RULES, REGULATIONS, AND PROCEDURES- The Administrator may,
after appropriate consultation with representatives of States and
units of local government, establish such rules, regulations, and
procedures as are necessary for the exercise of the functions of
the Office and as are consistent with the purpose of this Act.
`(e) WITHHOLDING- The Administrator shall initiate such
proceedings as the Administrator determines to be appropriate if
the Administrator, after giving reasonable notice and opportunity
for hearing to a recipient of financial assistance under this
title, finds that--
`(1) the program or activity for which the grant or contract
involved was made has been so changed that the program or
activity no longer complies with this title; or
`(2) in the operation of such program or activity there is
failure to comply substantially with any provision of this
title.';
(2) in part B--
(A) in section 221(b)--
(i) in paragraph (1)--
(I) by striking `section 223' and inserting `section 222'; and
(II) by striking `section 223(c)' and inserting `section 222(c)';
and
(ii) in paragraph (2), by striking `section
299(c)(1)' and inserting `section 222(a)(1)'; and
(B) by striking sections 222 and 223 and inserting the
following:
`SEC. 222. STATE PLANS.
`(a) IN GENERAL- In order to receive formula grants under this
part, a State shall submit a plan for carrying out its purposes
applicable to a 3-year period. The State shall submit annual
performance reports to the Administrator which shall describe
progress in implementing programs contained in the original plan,
and shall describe the status of compliance with State plan
requirements. In accordance with regulations which the
Administrator shall prescribe, such plan shall--
`(1) designate a State agency as the sole agency for
supervising the preparation and administration of the plan;
`(2) contain satisfactory evidence that the State agency
designated in accordance with paragraph (1) has or will have
authority, by legislation if necessary, to implement such plan
in conformity with this part;
`(3) provide for the active consultation with and
participation of units of general local government or
combinations thereof in the development of a State plan which
adequately takes into account the needs and requests of local
governments, except that nothing in the plan requirements, or
any regulations promulgated to carry out such requirements,
shall be construed to prohibit or impede the State from making
grants to, or entering into contracts with, local private
agencies, including religious organizations;
`(4) provide that the chief executive officer of the unit of
general local government shall assign responsibility for the
preparation and administration of the local government's part
of a State plan, or for the supervision of the preparation and
administration of the local government's part of the State
plan, to that agency within the local government's structure or
to a regional planning agency (in this part referred to as the
`local agency') which can most effectively carry out the
purposes of this part and shall provide for supervision of the
programs funded under this part by that local agency;
`(5)(A) provide for--
`(i) an analysis of juvenile crime problems (including
the joining of gangs that commit crimes) and juvenile
justice and delinquency prevention needs (including
educational needs) within the relevant jurisdiction
(including any geographical area in which an Indian tribe
performs law enforcement functions), a description of the
services to be provided, and a description of performance
goals and priorities, including a specific statement of the
manner in which programs are expected to meet the
identified juvenile crime problems (including the joining
of gangs that commit crimes) and juvenile justice and
delinquency prevention needs (including educational needs)
of the jurisdiction;
`(ii) an indication of the manner in which the programs
relate to other similar State or local programs which are
intended to address the same or similar problems; and
`(iii) a plan for the concentration of State efforts
which shall coordinate all State juvenile delinquency
programs with respect to overall
policy and development of objectives and priorities for all State
juvenile delinquency programs and activities, including provision
for regular meetings of State officials with responsibility in the
area of juvenile justice and delinquency prevention;
`(B) contain--
`(i) an analysis of services for the prevention and
treatment of juvenile delinquency in rural areas, including
the need for such services, the types of such services
available in rural areas, and geographically unique
barriers to providing such services; and
`(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in rural
areas; and
`(C) contain--
`(i) an analysis of mental health services available to
juveniles in the juvenile justice system (including an
assessment of the appropriateness of the particular
placements of juveniles in order to receive such services)
and of barriers to access to such services; and
`(ii) a plan for providing needed mental health services
to juveniles in the juvenile justice system;
`(6) provide for the active consultation with and
participation of private agencies in the development and
execution of the State plan; and provide for coordination and
maximum utilization of existing juvenile delinquency programs
and other related programs, such as education, special
education, recreation, health, and welfare within the State;
`(7) provide for the development of an adequate research,
training, and evaluation capacity within the State;
`(8) provide that not less than 75 percent of the funds made
available to the State pursuant to grants under section 221,
whether expended directly by the State, by the unit of general
local government, or by a combination thereof, or through
grants and contracts with public or private nonprofit agencies,
shall be used for--
`(A) community-based alternatives (including home-based
alternatives) to incarceration and institutionalization,
specifically--
`(i) for youth who can remain at home with
assistance, home probation and programs providing
professional supervised group activities or
individualized mentoring relationships with adults that
involve the family and provide counseling and other
supportive services;
`(ii) for youth who need temporary placement, crisis
intervention, shelter, and after-care; and
`(iii) for youth who need residential placement, a
continuum of foster care or group home alternatives
that provide access to a comprehensive array of services;
`(B) community-based programs and services to work with--
`(i) parents and other family members to strengthen
families, including parent self-help groups, so that
juveniles may be retained in their homes;
`(ii) juveniles during their incarceration, and with
their families, to ensure the safe return of such
juveniles to their homes and to strengthen the
families; and
`(iii) parents with limited-English speaking ability,
particularly in areas where there is a large population
of families with limited-English speaking ability;
`(C) comprehensive juvenile justice and delinquency
prevention programs that meet the needs of youth through
the collaboration of the many local systems before which a
youth may appear, including schools, courts, law
enforcement agencies, child protection agencies, mental
health agencies, welfare services, health care agencies,
and private nonprofit agencies offering youth services;
`(D) projects designed to develop and implement programs
stressing advocacy activities aimed at improving services
for and protecting the rights of youth affected by the
juvenile justice system;
`(E) educational programs or supportive services for
delinquent or other juveniles, provided equitably
regardless of sex, race, or family income, designed to--
`(i) encourage juveniles to remain in elementary and
secondary schools or in alternative learning
situations, including--
`(I) education in settings that promote experiential,
individualized
learning and exploration of academic and career options;
`(II) assistance in making the transition to the world of work
and self-sufficiency;
`(III) alternatives to suspension and expulsion; and
`(IV) programs to counsel delinquent juveniles and other
juveniles regarding the opportunities that education provides; and
`(ii) enhance coordination with the local schools
that such juveniles would otherwise attend, to ensure
that--
`(I) the instruction that juveniles receive outside school is
closely aligned with the instruction provided in school; and
`(II) information regarding any learning problems identified in
such alternative learning situations are communicated to the schools;
`(F) expanded use of home probation and recruitment and
training of home probation officers, other professional and
paraprofessional personnel, and volunteers to work
effectively to allow youth to remain at home with their
families as an alternative to incarceration or
institutionalization;
`(G) youth-initiated outreach programs designed to assist
youth (including youth with limited proficiency in English)
who otherwise would not be reached by traditional youth
assistance programs;
`(H) programs designed to develop and implement projects
relating to juvenile delinquency and learning disabilities,
including on-the-job training programs to assist community
services, law enforcement, and juvenile justice personnel
to more effectively recognize and provide for learning
disabled and other handicapped youth;
`(I) projects designed both to deter involvement in
illegal activities and to promote involvement in lawful
activities on the part of gangs whose membership is
substantially composed of youth;
`(J) programs and projects designed to provide for the
treatment of youths' dependence on or abuse of alcohol or
other addictive or nonaddictive drugs;
`(K) law-related education programs (and projects) for
delinquent and at-risk youth designed to prevent juvenile
delinquency;
`(L) programs for positive youth development that assist
delinquent and other at-risk youth in obtaining--
`(i) a sense of safety and structure;
`(ii) a sense of belonging and membership;
`(iii) a sense of self-worth and social contribution;
`(iv) a sense of independence and control over one's
life;
`(v) a sense of closeness in interpersonal
relationships; and
`(vi) a sense of competence and mastery including
health and physical competence, personal and social
competence, cognitive and creative competence,
vocational competence, and citizenship competence,
including ethics and participation;
`(M) programs that, in recognition of varying degrees of
the seriousness of delinquent behavior and the
corresponding gradations in the responses of the juvenile
justice system in response to that behavior, are designed
to--
`(i) encourage courts to develop and implement a
continuum of post-adjudication restraints that bridge
the gap between traditional probation and confinement
in a correctional setting (including expanded use of
probation, mediation, restitution, community service,
treatment, home detention, intensive supervision,
electronic monitoring, boot camps and similar programs,
and secure community-based treatment facilities linked
to other support services such as health, mental
health, education (remedial and special), job training,
and recreation); and
`(ii) assist in the provision by the Administrator of
information and technical assistance, including
technology transfer, to States in the design and
utilization of risk assessment mechanisms to aid
juvenile justice personnel in determining appropriate
sanctions for delinquent behavior;
`(N) programs designed to prevent and reduce hate crimes
committed by juveniles, including educational programs and
sentencing programs designed specifically for juveniles who
commit hate crimes and that provide alternatives to
incarceration; and
`(O) programs (including referral to literacy programs
and social service programs) to assist families with
limited-English speaking ability that include delinquent
juveniles to overcome language and cultural barriers that
may prevent the complete treatment of such juveniles and
the preservation of their families;
`(9) provide for the development of an adequate research,
training, and evaluation capacity within the State;
`(10) provide that the State shall not detain or confine
juveniles who are alleged to be or determined to be delinquent
in any institution in which the juvenile has regular sustained
physical contact with adult persons who are detained or confined;
`(11) provide for an adequate system of monitoring jails,
detention facilities, correctional facilities, and nonsecure
facilities to ensure that the requirements of paragraph (10)
are met, and for annual reporting of the results of such
monitoring to the Administrator, except that such reporting
requirements shall not apply in the case of a State which is in
compliance with the other requirements of this paragraph, which
is in compliance with the requirements in paragraph (10), and
which has enacted legislation which conforms to such
requirements and which contains, in the opinion of the
Administrator, sufficient enforcement mechanisms to ensure that
such legislation will be administered effectively;
`(12) provide assurance that youth in the juvenile justice
system are treated equitably on the basis of gender, race,
family income, and mentally, emotionally, or physically
handicapping conditions;
`(13) provide assurance that consideration will be given to
and that assistance will be available for approaches designed
to strengthen the families of delinquent and other youth to
prevent juvenile delinquency (which approaches should include
the involvement of grandparents or other extended family
members when possible and appropriate and the provision of
family counseling during the incarceration of juvenile family
members and coordination of family services when appropriate
and feasible);
`(14) provide for procedures to be established for protecting
the rights of recipients of services and for assuring
appropriate privacy with regard to records relating to such
services provided to any individual under the State plan;
`(15) provide for such fiscal control and fund accounting
procedures necessary to assure prudent use, proper
disbursement, and accurate accounting of funds received under
this title;
`(16) provide reasonable assurances that Federal funds made
available under this part for any period shall be so used as to
supplement and increase (but not supplant) the level of the
State, local, and other non-Federal funds that would in the
absence of such Federal funds be made available for the
programs described in this part, and shall in no event replace
such State, local, and other non-Federal funds; and
`(17) provide that the State agency designated under
paragraph (1) will from time to time, but not less often than
annually, review its plan and submit to the Administrator an
analysis and evaluation of the effectiveness of the programs
and activities carried out under the plan, and any
modifications in the plan, including the survey of State and
local needs, which it considers necessary.
`(b) APPROVAL BY STATE AGENCY- The State agency designated under
subsection (a)(1) shall approve the State plan and any modification
thereof prior to submission to the Administrator.
`(c) APPROVAL BY ADMINISTRATOR; COMPLIANCE WITH STATUTORY
REQUIREMENTS-
`(1) IN GENERAL- The Administrator shall approve any State
plan and any modification thereof that meets the requirements
of this section.
`(2) REDUCED ALLOCATIONS- If a State fails to comply with any
requirement of subsection (a)(10) in any fiscal year beginning
after January 1, 1998, the State shall be ineligible to receive
any allocation under that section for such fiscal year unless--
`(A) the State agrees to expend all the remaining funds
the State receives under this part for that fiscal year
only to achieve compliance with such paragraph; or
`(B) the Administrator determines, in the discretion of
the Administrator, that the State--
`(i) has achieved substantial compliance with such
paragraph; and
`(ii) has made, through appropriate executive or
legislative action, an unequivocal commitment to
achieving full compliance within a reasonable time.'; and
(3) by striking parts C, D, E, F, G, and H, and each part
designated as part I.
SEC. 1163. RUNAWAY AND HOMELESS YOUTH.
Section 385 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5751) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `1993 and such sums as
may be necessary for fiscal years 1994, 1995, and 1996' and
inserting `1998 and such sums as may be necessary for
fiscal years 1999, 2000, 2001, and 2002'; and
(B) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively;
(2) in subsection (b), by striking `1993 and such sums as may
be necessary for fiscal years 1994, 1995, and 1996' and
inserting `1998 and such sums as may be necessary for fiscal
years 1999, 2000, 2001, and 2002'; and
(3) in subsection (c), by striking `1993, 1994, 1995, and
1996' and inserting `1998, 1999, 2000, 2001, and 2002'.
SEC. 1164. AUTHORIZATION OF APPROPRIATIONS.
Title IV of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5771 et seq.) is amended--
(1) in section 403, by striking paragraph (2) and inserting
the following:
`(2) the term `Administrator' means the Administrator of the
Office of Juvenile Crime Control and Accountability.';
(2) by striking section 404; and
(3) in section 408, by striking `1993, 1994, 1995, and 1996'
and inserting `1998, 1999, 2000, 2001, and 2002'.
SEC. 1165. REPEAL.
Title V of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5781 et seq.) is repealed.
SEC. 1166. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.
(a) DEFINITIONS- In this section, unless otherwise provided or
indicated by the context--
(1) the term `Administrator of the Office' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention;
(2) the term `Bureau of Justice Assistance' means the bureau
established under section 401 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968;
(3) the term `Administrator' means the Administrator of the
Office of Juvenile Crime Control and Accountability established
by operation of subsection (b);
(4) the term `Federal agency' has the meaning given the term
`agency' by section 551(1) of title 5, United States Code;
(5) the term `function' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program;
(6) the term `Office of Juvenile Crime Control and
Accountability' means the office established by operation of
subsection (b);
(7) the term `Office of Juvenile Justice and Delinquency
Prevention' means the Office of Juvenile Justice and
Delinquency Prevention within the Department of Justice,
established by section 201 of the Juvenile Justice and
Delinquency Prevention Act of 1974, as in effect on the day
before the date of enactment of this Act; and
(8) the term `office' includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(b) TRANSFER OF FUNCTIONS- There are transferred to the Office of
Juvenile Crime Control and Accountability all functions that the
Administrator of the Office exercised before the date of enactment
of this Act (including all related functions of any officer or
employee of the Office of Juvenile Justice and Delinquency
Prevention), and authorized after the enactment of this Act,
relating to carrying out the Juvenile Justice and Delinquency
Prevention Act of 1974.
(c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL-
(1) IN GENERAL- Except as otherwise provided in this section
and in section 101(a) (relating to Juvenile Justice Programs)
of the Omnibus Consolidated Appropriations Act, 1997, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other amounts employed, used, held, arising from, available to,
or to be made available in
connection with the functions transferred by this section, subject
to section 1531 of title 31, United States Code, shall be
transferred to the Office of Juvenile Crime Control and
Accountability.
(2) UNEXPENDED AMOUNTS- Any unexpended amounts transferred
pursuant to this subsection shall be used only for the purposes
for which the amounts were originally authorized and
appropriated.
(d) INCIDENTAL TRANSFERS-
(1) IN GENERAL- The Director of the Office of Management and
Budget, at such time or times as the Director of that Office
shall provide, may make such determinations as may be necessary
with regard to the functions transferred by this section, and
to make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other amounts held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out this section.
(2) TERMINATION OF AFFAIRS- The Director of the Office of
Management and Budget shall provide for the termination of the
affairs of all entities terminated by this section and for such
further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(e) EFFECT ON PERSONNEL-
(1) IN GENERAL- Except as otherwise provided by this section,
the transfer pursuant to this section of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for 1 year
after the date of transfer of such employee under this section.
(2) EXECUTIVE SCHEDULE POSITIONS- Except as otherwise
provided in this section, any person who, on the day before the
date of enactment of this Act, held a position compensated in
accordance with the Executive Schedule prescribed in chapter 53
of title 5, United States Code, and who, without a break in
service, is appointed in the Office of Juvenile Crime Control
and Accountability to a position having duties comparable to
the duties performed immediately preceding such appointment
shall continue to be compensated in such new position at not
less than the rate provided for such previous position, for the
duration of the service of such person in such new position.
(3) TRANSITION RULE-
(A) IN GENERAL- The incumbent Administrator of the Office
as of the date immediately preceding the date of enactment
of this Act shall continue to serve as Administrator after
the enactment of this Act until such time as the incumbent
resigns, is relieved of duty by the President, or an
Administrator is appointed by the President, by and with
the advice and consent of the Senate.
(B) NOMINEE- Not later than 6 months after the date of
enactment of this Act, the President shall submit to the
Senate for its consideration the name of the individual
nominated to be appointed as the Administrator.
(f) SAVINGS PROVISIONS-
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS- All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction,
in the performance of functions that are transferred under
this section; and
(B) that are in effect at the time this section takes
effect, or were final before the date of enactment of this
Act and are to become effective on or after the date of
enactment of this Act, shall continue in effect according
to their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the President,
the Administrator, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(2) PROCEEDINGS NOT AFFECTED-
(A) IN GENERAL- This section shall not affect any
proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or
financial assistance pending before the Office of Juvenile
Justice and Delinquency Prevention on the date on which
this section takes effect, with respect to functions
transferred by this section but such proceedings and
applications shall be continued.
(B) ORDERS; APPEALS; PAYMENTS- Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
section had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law.
(C) DISCONTINUANCE OR MODIFICATION- Nothing in this
paragraph shall be construed to prohibit the discontinuance
or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding
could have been discontinued or modified if this paragraph
had not been enacted.
(3) SUITS NOT AFFECTED- This section shall not affect suits
commenced before the date of enactment of this Act, and in all
such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect
as if this section had not been enacted.
(4) NONABATEMENT OF ACTIONS- No suit, action, or other
proceeding commenced by or against the Office of Juvenile
Justice and Delinquency Prevention, or by or against any
individual in the official capacity of such individual as an
officer of the Office of Juvenile Justice and Delinquency
Prevention, shall abate by reason of the enactment of this
section.
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF
REGULATIONS- Any administrative action relating to the
preparation or promulgation of a regulation by the Office of
Juvenile Justice and Delinquency Prevention relating to a
function transferred under this section may be continued, to
the extent authorized by this section, by the Office of
Juvenile Crime Control and Accountability with the same effect
as if this section had not been enacted.
(g) TRANSITION- The Administrator may utilize--
(1) the services of such officers, employees, and other
personnel of the Office of Juvenile Justice and Delinquency
Prevention with respect to functions transferred to the Office
of Juvenile Crime Control and Accountability by this section; and
(2) amounts appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(h) REFERENCES- Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or relating to--
(1) the Administrator of the Office of Juvenile Justice and
Delinquency Prevention with regard to functions transferred by
operation of subsection (b), shall be considered to refer to
the Administrator of the Office of Juvenile Crime Control and
Accountability; and
(2) the Office of Juvenile Justice and Delinquency Prevention
with regard to functions transferred by operation of subsection
(b), shall be considered to refer to the Office of Juvenile
Crime Control and Accountability.
(i) TECHNICAL AND CONFORMING AMENDMENT- Section 5315 of title 5,
United States Code, is amended by striking `Administrator, Office
of Juvenile Crime Control and Accountability'.
SEC. 1167. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.
(a) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994-
(1) TITLE III- Title III of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is amended by
striking subtitles A through S, subtitle U, and subtitle X.
(2) TITLE V- Title V of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 3797 et seq.) is repealed.
(3) TITLE XXVII- Title XXVII of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is
repealed.
(b) ELEMENTARY AND SECONDARY EDUCATION ACT-
(1) TITLE IV- Title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7101) is repealed.
(2) TITLE V- Part C of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is
repealed.
(c) PUBLIC HEALTH SERVICE ACT- Section 517 of the Public Health
Service Act (42 U.S.C. 290bb-23) is repealed.
(d) HUMAN SERVICES REAUTHORIZATION ACT- Section 408 of the Human
Services Reauthorization Act is repealed.
(e) COMMUNITY SERVICES BLOCK GRANTS ACT- Section 682 of the
Community Services Block Grants Act (42 U.S.C. 9901) is repealed.
(f) ANTI-DRUG ABUSE ACT- Subtitle B of title III of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11801 et seq.) is amended by striking
chapters 1 and 2.
SEC. 1168. CIVIL MONETARY PENALTY SURCHARGE.
(a) IMPOSITION- Subject to subsection (b) and notwithstanding any
other provision of law, a surcharge of 40 percent of the principal
amount of a civil monetary penalty shall be added to each civil
monetary penalty assessed by the United States or any agency
thereof at the time the penalty is assessed.
(b) LIMITATION- This section does not apply to any monetary
penalty assessed under the Internal Revenue Code of 1986.
(c) USE OF SURCHARGES- Amounts collected from the surcharge
imposed under this section shall be used for Federal programs to
combat youth violence.
(d) EFFECTIVE DATES-
(1) IN GENERAL- A surcharge under subsection (b) shall be
added to each civil monetary penalty assessed on or after the
later of October 1, 1997 and the date of enactment of this Act.
(2) EXPIRATION OF AUTHORITY- The authority to add a surcharge
under this subsection shall terminate at the close of September
30, 2002.
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