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[Page: S9237]
Mr. LOTT proposed an amendment (in the nature of a substitute) to the bill (H.R. 1501) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide grants to ensure increased accountability for juvenile offenders; to amend the Juvenile Justice and Delinquency Prevention Act of 1974 to provide quality prevention programs and accountability programs relating to juvenile delinquency; and for other purposes; as follows:
Strike all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title: This Act may be cited as the `Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999'.
(b) Table of Contents: The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
Sec. 101. Surrender to State authorities.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.
Sec. 201. Solicitation or recruitment of persons in criminal street gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Criminal street gangs.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper with witnesses, victims, or informants.
Sec. 207. Authority to make grants to prosecutors' offices to combat gang crime and youth violence.
Sec. 208. Increase in offense level for participation in crime as a gang member.
Sec. 209. Interstate and foreign travel or transportation in aid of criminal gangs.
Sec. 210. Prohibitions relating to firearms.
Sec. 211. Clone pagers.
Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.
Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile aliens.
Sec. 331. Alternative education.
Sec. 341. Short title.
Sec. 342. Establishment of program.
Sec. 343. National Parenting Support and Education Commission.
Sec. 344. State and local parenting support and education grant program.
Sec. 345. Grants to address the problem of violence related stress to parents and children.
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes; construction.
Sec. 404. Exemption of voluntary agreements on guidelines for certain entertainment material from applicability of antitrust laws.
Sec. 405. Exemption of activities to ensure compliance with ratings and labeling systems from applicability of antitrust laws.
Sec. 406. Definitions.
Sec. 411. Study of marketing practices of motion picture, recording, and video/personal computer game industries.
Sec. 501. Special licensees; special registrations.
Sec. 502. Clarification of authority to conduct firearm transactions at gun shows.
Sec. 503. `Instant check' gun tax and gun owner privacy.
Sec. 504. Effective date.
Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.
Sec. 701. Short title.
Sec. 702. Ban on importing large capacity ammunition feeding devices.
Sec. 703. Definition of large capacity ammunition feeding device.
Sec. 704. Effective date.
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Criminal Use of Firearms by Felons Program.
Sec. 804. Annual reports.
Sec. 805. Authorization of appropriations.
Sec. 811. Apprehension and procedural treatment of armed violent criminals.
Sec. 821. Youth crime gun interdiction initiative.
Sec. 831. Collection of gun prosecution data.
Sec. 841. Prohibition on firearms possession by violent juvenile offenders.
Sec. 851. Penalties for firearm violations involving juveniles.
Sec. 861. National instant criminal background check system improvements.
Sec. 901. Straw purchases.
Sec. 902. Stolen firearms.
Sec. 903. Increase in penalties for crimes involving firearms.
Sec. 904. Increased penalties for distributing drugs to minors.
Sec. 905. Increased penalty for drug trafficking in or near a school or other protected location.
Sec. 1001. Short title.
Sec. 1002. Purposes.
Sec. 1003. Firearms safety.
Sec. 1004. Effective date.
Sec. 1101. School safety and violence prevention.
Sec. 1102. Study.
Sec. 1103. School uniforms.
Sec. 1104. Transfer of school disciplinary records.
Sec. 1105. School violence research.
Sec. 1106. National character achievement award.
Sec. 1107. National Commission on Character Development.
Sec. 1108. Juvenile access to treatment.
Sec. 1109. Background checks.
Sec. 1110. Drug tests.
Sec. 1111. Sense of the Senate.
Sec. 1201. Short title.
Sec. 1202. Findings and purpose.
Sec. 1203. Preemption and election of State nonapplicability.
Sec. 1204. Limitation on liability for teachers.
Sec. 1205. Liability for noneconomic loss.
Sec. 1206. Definitions.
Sec. 1207. Effective date.
Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Findings.
Sec. 1304. Definitions.
Sec. 1305. Program authorized.
Sec. 1306. Application.
Sec. 1307. Selection priorities.
Sec. 1308. Authorization of appropriations.
Sec. 1401. Purpose.
Sec. 1402. Authorization of appropriations.
Sec. 1403. School-based programs.
Sec. 1404. After school programs.
Sec. 1405. General provisions.
Sec. 1501. Short title.
Sec. 1502. Elimination of convicted offender DNA backlog.
Sec. 1503. DNA identification of Federal, District of Columbia, and military violent offenders.
Sec. 1601. Prohibition on firearms possession by violent juvenile offenders.
Sec. 1602. Safe students.
Sec. 1603. Study of marketing practices of the firearms industry.
Sec. 1604. Provision of Internet filtering or screening software by certain Internet service providers.
Sec. 1605. Application of section 923 (j) and (m).
Sec. 1606. Constitutionality of memorial services and memorials at public schools.
Sec. 1607. Twenty-first Amendment enforcement.
Sec. 1608. Interstate shipment and delivery of intoxicating liquors.
Sec. 1609. Disclaimer on materials produced, procured or distributed from funding authorized by this Act.
Sec. 1610. Aimee's Law.
Sec. 1611. Drug tests and locker inspections.
Sec. 1612. Waiver for local match requirement under community policing program.
Sec. 1613. Carjacking offenses.
Sec. 1614. Special forfeiture of collateral profits of crime.
Sec. 1615. Caller identification services to elementary and secondary schools as part of universal service obligation.
Sec. 1616. Parent leadership model.
Sec. 1617. National media campaign against violence.
Sec. 1618. Victims of terrorism.
Sec. 1619. Truth-in-sentencing incentive grants.
Sec. 1620. Application of provision relating to a sentence of death for an act of animal enterprise terrorism.
Sec. 1621. Prohibitions relating to explosive materials.
Sec. 1622. District judges for districts in the States of Arizona, Florida, and Nevada.
Sec. 1623. Behavioral and social science research on youth violence.
Sec. 1624. Sense of the Senate regarding mentoring programs.
Sec. 1625. Families and Schools Together program.
Sec. 1626. Amendments relating to violent crime in Indian country and areas of exclusive Federal jurisdiction.
Sec. 1627. Federal Judiciary Protection Act of 1999.
Sec. 1628. Local enforcement of local alcohol prohibitions that reduce juvenile crime in remote Alaska villages.
Sec. 1629. Rule of Construction.
Sec. 1630. Bounty hunter accountability and quality assistance.
Sec. 1631. Assistance for unincorporated neighborhood watch programs.
Sec. 1632. Findings and sense of Congress.
Sec. 1633. Prohibition on promoting violence on Federal property.
Sec. 1634. Provisions relating to pawn shops and special licensees.
Sec. 1635. Extension of Brady background checks to gun shows.
Sec. 1636. Appropriate interventions and services; clarification of Federal law.
Sec. 1637. Safe schools.
Sec. 1638. School counseling.
Sec. 1639. Criminal prohibition on distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction.
Sec. 1641. Short title.
Sec. 1642. Findings.
Sec. 1643. Definitions.
Sec. 1644. Amendment of sentencing guidelines with respect to body armor.
Sec. 1645. Prohibition of purchase, use, or possession of body armor by violent felons.
Sec. 1646. Donation of Federal surplus body armor to State and local law enforcement agencies.
Sec. 1647. Additional findings; purpose.
Sec. 1648. Matching grant programs for law enforcement bullet resistant equipment and for video cameras.
Sec. 1649. Sense of Congress.
Sec. 1650. Technology development.
Sec. 1651. Matching grant program for law enforcement armor vests.
Sec. 1652. Enhancement of penalties for animal enterprise terrorism.
Sec. 1653. National animal terrorism and ecoterrorism incident clearinghouse.
Sec. 1654. Jail-based substance abuse treatment programs.
Sec. 1655. Short title.
Sec. 1656. Establishment of School Security Technology Center.
Sec. 1657. Grants for local school security programs.
Sec. 1658. Safe and secure school advisory report.
Sec. 1661. Short title.
Sec. 1662. Findings; purpose.
Sec. 1663. Prohibitions on uses of the Internet.
Sec. 1664. Effective date.
Sec. 1671. Short title.
Sec. 1672. Findings.
Sec. 1673. Purposes.
Sec. 1674. Establishment of demonstration project.
Sec. 1675. Eligibility.
Sec. 1676. Uses of funds.
Sec. 1677. Authorization of appropriations.
Sec. 1681. Short title.
Sec. 1682. Purposes.
Sec. 1683. Establishment of National Youth Crime Prevention Demonstration Project.
Sec. 1684. Eligibility.
Sec. 1685. Uses of funds.
Sec. 1686. Reports.
Sec. 1687. Definitions.
Sec. 1688. Authorization of appropriations.
Sec. 1691. Short title.
Sec. 1692. National Youth Violence Commission.
Sec. 1693. Duties of the Commission.
Sec. 1694. Powers of the Commission.
Sec. 1695. Commission personnel matters.
Sec. 1696. Authorization of appropriations.
Sec. 1697. Termination of the Commission.
Sec. 1698. Short title.
Sec. 1699. Amendments to the Individuals with Disabilities Education Act.
[Page: S9238]
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings: Congress finds that--
(1) at the outset of the 20th century, the States adopted a separate justice system for juvenile offenders;
(2) violent crimes committed by juveniles, such as homicide, rape, and robbery, were an unknown phenomenon then, but the rate at which juveniles commit such crimes has escalated astronomically since that time;
(3) in 1994--
(A) the number of persons arrested overall for murder in the United States decreased by 5.8 percent, but the number of persons who are less than 15 years of age arrested for murder increased by 4 percent; and
(B) the number of persons arrested for all violent crimes increased by 1.3 percent, but the number of persons who are less than 15 years of age arrested for violent crimes increased by 9.2 percent, and the number of persons less than 18 years of age arrested for such crimes increased by 6.5 percent;
(4) from 1985 to 1996, the number of persons arrested for all violent crimes increased by 52.3 percent, but the number of persons under age 18 arrested for violent crimes rose by 75 percent;
(5) the number of juvenile offenders is expected to undergo a massive increase during the first 2 decades of the twenty-first century, culminating in an unprecedented number of violent offenders who are less than 18 years of age;
(6) the rehabilitative model of sentencing for juveniles, which Congress rejected for adult offenders when Congress enacted the Sentencing Reform Act of 1984, is inadequate and inappropriate for dealing with many 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 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--
(A) among Federal, State, and local agencies, including the courts; and
(B) among the law enforcement, educational, and social service systems;
(9) data regarding violent juvenile offenders should 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 prevention, investigation, prosecution, adjudication, and punishment of criminal offenses committed by juveniles, and the rehabilitation and correction of juvenile offenders are, 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 Federal juvenile justice programs and policies in order to promote the emergence of juvenile justice systems in which the paramount concerns are providing for the safety of the public and holding juvenile wrongdoers accountable for their actions, while providing the wrongdoer a genuine opportunity for self-reform;
(2) to revise the procedures in Federal court that are applicable to the prosecution of juvenile offenders; and
(3) to encourage and promote, consistent with the ideals of federalism, adoption of policies by the States to ensure that the victims of violent crimes committed by juveniles receive the same level of justice as do victims of violent crimes that are committed by adults.
[Page: S9239]
SEC. 3. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
TITLE I--JUVENILE JUSTICE REFORM
SEC. 101. SURRENDER TO STATE AUTHORITIES.
Section 5001 of title 18, United States Code, is amended by striking the first undesignated paragraph and inserting the following:
`Whenever any person who is less than 18 years of age is been arrested and charged with the commission of an offense (or an act of delinquency that would be an offense were it committed by an adult) punishable in any court of the United States or of the District of Columbia, the United States Attorney for the district in which such person has been arrested may forego prosecution pursuant to section 5032(a)(2) if, after investigation by the United States Attorney, it appears that--
`(1) such person has committed an act that is also an offense or an act of delinquency under the law of any State or the District of Columbia;
`(2) such State or the District of Columbia, as applicable, can and will assume jurisdiction over such juvenile and will take such juvenile into custody and deal with the juvenile in accordance with the law of such State or the District of Columbia, as applicable; and
`(3) it is in the best interests of the United States and of the juvenile offender.'.
SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.
(a) In General: Section 5032 of title 18, United States Code, is amended to read as follows:
`5032. Delinquency proceedings in district courts; juveniles tried as adults; transfer for other criminal prosecution
`(a) In General:
`(1) Delinquency proceedings in district courts: A juvenile who is alleged to have committed a Federal offense shall, except as provided in paragraph (2), be tried in the appropriate district court of the United States--
`(A) in the case of an offense described in subsection (c), and except as provided in subsection (i), if the juvenile was not less than 14 years of age at the time of the offense, as an adult at the discretion of the United States Attorney in the appropriate jurisdiction, upon certification by that United States Attorney (which certification shall not be subject to review in or by any court, except as provided in subsection (d)(2)) that--
`(i) there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction; or
`(ii) the ends of justice otherwise so require;
`(B) in the case of a felony offense that is not described in subsection (c), and except as provided in subsection (i), if the juvenile was not less than 14 years of age at the time of the offense, as an adult, upon certification by the Attorney General (which certification shall not be subject to review in or by any court, except as provided in subsection (d)(2)) that--
`(i) there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction; or
`(ii) the ends of justice otherwise so require;
`(C) in the case of a juvenile who has, on a prior occasion, been tried and convicted as an adult under this section, as an adult; and
`(D) in all other cases, as a juvenile.
`(2) Referral by united states attorney; application to concurrent jurisdiction:
`(A) In general: If the United States Attorney in the appropriate jurisdiction (or in the case of an offense under paragraph (1)(B), the Attorney General), declines prosecution of an offense under this section, the matter may be referred to the appropriate legal authorities of the State or Indian tribe with jurisdiction over both the offense and the juvenile.
`(B) Application to concurrent jurisdiction: The United States Attorney in the appropriate jurisdiction (or, in the case of an offense under paragraph (1)(B), the Attorney General), in cases in which both the Federal Government and a State or Indian tribe have penal provisions that criminalize the conduct at issue and both have jurisdiction over the juvenile, shall exercise a presumption in favor of referral pursuant to subparagraph (A), unless the United States Attorney pursuant to paragraph (1)(A) (or the Attorney General pursuant to paragraph (1)(B)) certifies (which certification shall not be subject to review in or by any court) that--
`(i) the prosecuting authority or the juvenile court or other appropriate court of the State or Indian tribe refuses, declines, or will refuse or will decline to assume jurisdiction over the conduct or the juvenile; and
`(ii) there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.
`(C) Definition: In this subsection, the term `Indian tribe' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
`(b) Joinder; Lesser Included Offenses: In a prosecution under this section, a juvenile may be prosecuted and convicted as an adult for any offense that is properly joined under the Federal Rules of Criminal Procedure with an offense described in subsection (c), and may also be convicted of a lesser included offense.
`(c) Offenses Described: An offense is described in this subsection if it is a Federal offense that--
`(1) is a serious violent felony or a serious drug offense (as those terms are defined in section 3559(c), except that section 3559(c)(3) does not apply to this subsection); or
`(2) is a conspiracy or an attempt to commit an offense described in paragraph (1).
`(d) Waiver to Juvenile Status in Certain Cases; Limitations on Judicial Review:
`(1) In general: Except as otherwise provided in this subsection, a determination to approve or not to approve, or to institute or not to institute, a prosecution under subsection (a)(1) shall not be reviewable in any court.
`(2) Determination by court on trial as adult of certain juvenile: In any prosecution of a juvenile under subsection (a)(1)(A) if the juvenile was less than 16 years of age at the time of the offense, or under subsection (a)(1)(B), upon motion of the defendant and after a hearing, the court in which criminal charges have been filed shall determine whether to issue an order to provide for the transfer of the defendant to juvenile status for the purposes of proceeding against the defendant or for referral under subsection (a).
`(3) Time requirements: A motion by a defendant under paragraph (2) shall not be considered unless that motion is filed not later than 30 days after the date on which the defendant--
`(A) appears through counsel to answer an indictment; or
`(B) expressly waives the right to counsel and elects to proceed pro se.
`(4) Prohibition: The court shall not order the transfer of a defendant to juvenile status under paragraph (2) unless the defendant establishes by a preponderance of the evidence or information that removal to juvenile status would be in the interest of justice. In making a determination under paragraph (2), the court may consider--
`(A) the nature of the alleged offense, including the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities;
`(B) whether prosecution of the juvenile as an adult is necessary to protect property or public safety;
`(C) the age and social background of the juvenile;
`(D) the extent and nature of the prior criminal or delinquency record of the juvenile;
`(E) the intellectual development and psychological maturity of the juvenile;
`(F) the nature of any treatment efforts and the response of the juvenile to those efforts; and
`(G) the availability of programs designed to treat any identified behavioral problems of the juvenile.
`(5) Status of orders:
`(A) In general: An order of the court made in ruling on a motion by a defendant to transfer a defendant to juvenile status under this subsection shall not be a final order for the purpose of enabling an appeal, except that an appeal by the United States shall lie to a court of appeals pursuant to section 3731 from an order of a district court removing a defendant to juvenile status.
`(B) Appeals: Upon receipt of a notice of appeal of an order under this paragraph, a court of appeals shall hear and determine the appeal on an expedited basis.
`(6) Inadmissibility of evidence:
`(A) In general: Except as provided in subparagraph (B), no statement made by a defendant during or in connection with a hearing under this subsection shall be admissible against the defendant in any criminal prosecution.
`(B) Exceptions: The prohibition under subparagraph (A) shall apply, except--
`(i) for impeachment purposes; or
`(ii) in a prosecution for perjury or giving a false statement.
`(7) Rules: The rules concerning the receipt and admissibility of evidence under this subsection shall be the same as prescribed in section 3142(f).
`(e) Applicable Procedures: Any prosecution in a district court of the United States under this section--
`(1) in the case of a juvenile tried as an adult under subsection (a), shall proceed in the same manner as is required by this title and by the Federal Rules of Criminal Procedure in any proceeding against an adult; and
`(2) in all other cases, shall proceed in accordance with this chapter, unless the juvenile has requested in writing, upon advice of counsel, to be proceeded against as an adult.
`(f) Application of Laws:
`(1) Applicability of sentencing provisions:
`(A) In general: Except as otherwise provided in this chapter, and subject to subparagraph (C) of this paragraph, in any case in which a juvenile is prosecuted in a district court of the United States as an adult, the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing (including the availability of probation, restitution, fines, forfeiture, imprisonment, and supervised release) that would be applicable in the case of an adult, except that no person shall be subject to the death penalty for an offense committed before the person attains the age of 18 years.
`(B) Status as adult: No juvenile sentenced to a term of imprisonment shall be released from custody on the basis that the juvenile has attained the age of 18 years.
`(C) Applicable guidelines: Each juvenile tried as an adult shall be sentenced in accordance with the Federal sentencing guidelines promulgated under section 994(z) of title 28, United States Code, once such guidelines are promulgated and take effect.
`(2) Applicability of mandatory restitution provisions to certain juveniles: If a juvenile is tried as an adult for any offense to which the mandatory restitution provisions of sections 3663A, 2248, 2259, 2264, and 2323 apply, those sections shall apply to that juvenile in the same manner and to the same extent as those provisions apply to adults.
`(g) Open Proceedings:
`(1) In general: Any offense tried or adjudicated in a district court of the United States under this section shall be open to the general public, in accordance with rules 10, 26, 31(a), and 53 of the Federal Rules of Criminal Procedure, unless good cause is established by the moving party or is otherwise found by the court, for closure.
`(2) Status alone insufficient: The status of the defendant as a juvenile, absent other factors, shall not constitute good cause for purposes of this subsection.
`(h) Availability of Records:
`(1) In general: In making a determination concerning the arrest or prosecution of a juvenile in a district court of the United States under this section, the United States Attorney of the appropriate jurisdiction, or, as appropriate, the Attorney General, shall have complete access to the prior Federal juvenile records of the subject juvenile and, to the extent permitted by State law, the prior State juvenile records of the subject juvenile.
`(2) Consideration of entire record: In any case in which a juvenile is found guilty or adjudicated delinquent in an action under this section, the district court responsible for imposing sentence shall have complete access to the prior Federal juvenile records of the subject juvenile and, to the extent permitted under State law, the prior State juvenile records of the subject juvenile. At sentencing, the district court shall consider the entire available prior juvenile record of the subject juvenile.
`(i) Application to Indian Country: Notwithstanding sections 1152 and 1153, certification under subparagraph (A) or (B) of subsection (a)(1) shall not be made nor granted with respect to a juvenile who is subject to the criminal jurisdiction of an Indian tribal government if the juvenile is less than 15 years of age at the time of offense and is alleged to have committed an offense for which there would be Federal jurisdiction based solely on commission of the offense in Indian country (as defined in section 1151), unless the governing body of the tribe having jurisdiction over the place where the alleged offense was committed has, before the occurrence of the alleged offense, notified the Attorney General in writing of its election that prosecution as an adult may take place under this section.'.
(b) Conforming Amendments:
(1) Chapter analysis: The analysis for chapter 403 of title 18, United States Code, is amended by striking the item relating to section 5032 and inserting the following:
`5032. Delinquency proceedings in district courts; juveniles tried as adults; transfer for other criminal prosecution.'.
(2) Adult sentencing: Section 3553 of title 18, United States Code, is amended by adding at the end the following:
`(g) Limitation on Applicability of Statutory Minimums in Certain Prosecutions of Persons Younger Than 16: Notwithstanding any other provision of law, in the case of a defendant convicted for conduct that occurred before the juvenile attained the age of 16 years, the court shall impose a sentence without regard to any statutory minimum sentence, if the court finds at sentencing, after affording the Government an opportunity to make a recommendation, that the juvenile has not been previously adjudicated delinquent for, or convicted of, a serious violent felony or a serious drug offense (as those terms are defined in section 3559(c)).
`(h) Treatment of Juvenile Criminal History in Federal Sentencing:
`(1) In general:
`(A) Sentencing guidelines: Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission (referred to in this subsection as the `Commission') shall amend the Federal sentencing guidelines to provide that, in determining the criminal history score under the Federal sentencing guidelines for any adult offender or any juvenile offender being sentenced as an adult, prior juvenile convictions and adjudications for offenses described in paragraph (2) shall receive a score similar to that which the defendant would have received if those offenses had been committed by the defendant as an adult, if any portion of the sentence for the offense was imposed or served within 15 years after the commencement of the instant offense.
`(B) Reviews: The Commission shall review the criminal history treatment of juvenile adjudications or convictions for offenses other than those described in paragraph (2) to determine whether the treatment should be adjusted as described in subparagraph (A), and make any amendments to the Federal sentencing guidelines as necessary to make whatever adjustments the Commission concludes are necessary to implement the results of the review.
`(2) Offenses described: The offenses described in this paragraph include any--
`(A) crime of violence;
`(B) controlled substance offense;
`(C) other offense for which the defendant received a sentence or disposition of imprisonment of 1 year or more; and
`(D) other offense punishable by a term of imprisonment of more than 1 year for which the defendant was prosecuted as an adult.
`(3) Definitions: The Federal sentencing guidelines described in paragraph (1) shall define the terms `crime of violence' and `controlled substance offense' in substantially the same manner as those terms are defined in Guideline Section 4B1.2 of the November 1, 1995, Guidelines Manual.
`(4) Juvenile adjudications: In carrying out this subsection, the Commission--
`(A) shall assign criminal history points for juvenile adjudications based principally on the nature of the acts committed by the juvenile; an
`(B) may provide for some adjustment of the score in light of the length of sentence the juvenile received.
`(5) Emergency authority: The Commission shall promulgate the Federal sentencing guidelines and amendments under this subsection as soon as practicable, and in any event not later than 90 days after the date of enactment of the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that authority had not expired, except that the Commission shall submit to Congress the emergency guidelines or amendments promulgated under this section, and shall set an effective date for those guidelines or amendments not earlier than 30 days after their submission to Congress.
`(6) Career offender determination: Pursuant to its authority under section 994 of title 28, the Commission shall amend the Federal sentencing guidelines to provide for inclusion, in any determination regarding whether a juvenile or adult defendant is a career offender under section 994(h) of title 28, and any computation of the sentence that any defendant found to be a career offender should receive, of any act for which the defendant was previously convicted or adjudicated delinquent as a juvenile that would be a felony covered by that section if it had been committed by the defendant as an adult.'.
[Page: S9240]
SEC. 103. DEFINITIONS.
Section 5031 of title 18, United States Code, is amended to read as follows:
`5031. Definitions
`In this chapter:
`(1) Adult inmate: The term `adult inmate' means an individual who has attained the age of 18 years and who is in custody for, awaiting trial on, or convicted of criminal charges committed while an adult or an act of juvenile delinquency committed while a juvenile.
`(2) Juvenile: The term `juvenile' means--
`(A) a person who has not attained the age of 18 years; or
`(B) for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained the age of 21 years.
`(3) Juvenile delinquency: The term `juvenile delinquency' means the violation of a law of the United States committed by a person before the eighteenth birthday of that person, if the violation--
`(A) would have been a crime if committed by an adult; or
`(B) is a violation of section 922(x).
`(4) Prohibited physical contact:
`(A) In general: The term `prohibited physical contact' means--
`(i) any physical contact between a juvenile and an adult inmate; and
`(ii) proximity that provides an opportunity for physical contact between a juvenile and an adult inmate.
`(B) Exclusion: The term does not include supervised proximity between a juvenile and an adult inmate that is brief and inadvertent, or accidental, in secure areas of a facility that are not dedicated to use by juvenile offenders and that are nonresidential, which may include dining, recreational, educational, vocational, health care, entry areas, and passageways.
`(5) Sustained oral communication:
`(A) In general: The term `sustained oral communication' means the imparting or interchange of speech by or between a juvenile and an adult inmate.
`(B) Exception: The term does not include--
`(i) communication that is accidental or incidental; or
`(ii) sounds or noises that cannot reasonably be considered to be speech.
`(6) State: The term `State' includes a State of the United States, the District of Columbia, any commonwealth, territory, or possession of the United States and, with regard to an act of juvenile delinquency that would have been a misdemeanor if committed by an adult, an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 4506(e))).
`(7) Violent juvenile: The term `violent juvenile' means any juvenile who is alleged to have committed, has been adjudicated delinquent for, or has been convicted of an offense that, if committed by an adult, would be a crime of violence (as defined in section 16).'.
[Page: S9241]
SEC. 104. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is amended--
(1) in the first sentence, by striking `immediately notify the Attorney General and' and inserting the following: `immediately, or as soon as practicable thereafter, notify the United States Attorney of the appropriate jurisdiction and shall promptly take reasonable steps to notify'; and
(2) in the second sentence of the second undesignated paragraph, by inserting before the period at the end the following: `, and the juvenile shall not be subject to detention under conditions that permit prohibited physical contact with adult inmates or in which the juvenile and an adult inmate can engage in sustained oral communication'.
SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.
(a) Duties of Magistrate: Section 5034 of title 18, United States Code, is amended--
(1) by striking `The magistrate shall insure' and inserting the following:
`(a) In General:
`(1) Representation by counsel: The magistrate shall ensure';
(2) by striking `The magistrate may appoint' and inserting the following:
`(2) Guardian ad litem: The magistrate may appoint';
(3) by striking `If the juvenile' and inserting the following:
`(b) Release Prior to Disposition: Except as provided in subsection (c), if the juvenile'; and
(4) by adding at the end the following:
`(c) Release of Certain Juveniles: A juvenile who is to be tried as an adult pursuant to section 5032 shall be released pending trial only in accordance with the applicable provisions of chapter 207. The release shall be conducted in the same manner and shall be subject to the same terms, conditions, and sanctions for violation of a release condition as provided for an adult under chapter 207.
`(d) Penalty for an Offense Committed While on Release:
`(1) In general: A juvenile alleged to have committed, while on release under this section, an offense that, if committed by an adult, would be a Federal criminal offense, shall be subject to prosecution under section 5032.
`(2) Applicability of certain penalties: Section 3147 shall apply to a juvenile who is to be tried as an adult pursuant to section 5032 for an offense committed while on release under this section.'.
(b) Detention Prior to Disposition: Section 5035 of title 18, United States Code, is amended--
(1) by striking `A juvenile' and inserting the following:
`(a) In General: Except as provided in subsection (b), a juvenile';
(2) in subsection (a), as redesignated--
(A) in the third sentence, by striking `regular contact' and inserting `prohibited physical contact or sustained oral communication'; and
(B) after the fourth sentence, by inserting the following: `To the extent practicable, violent juveniles shall be kept separate from nonviolent juveniles.'; and
(3) by adding at the end the following:
`(b) Detention of Certain Juveniles:
`(1) In general: A juvenile who is to be tried as an adult pursuant to section 5032 shall be subject to detention in accordance with chapter 207 in the same manner, to the same extent, and subject to the same terms and conditions as an adult would be subject to under that chapter.
`(2) Exception: A juvenile shall not be detained or confined in any institution in which the juvenile has prohibited physical contact or sustained oral communication with adult inmates. To the extent practicable, violent juveniles shall be kept separate from nonviolent juveniles.'.
SEC. 106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended--
(1) by inserting `who is to be proceeded against as a juvenile pursuant to section 5032 and' after `If an alleged delinquent';
(2) by striking `thirty' and inserting `70'; and
(3) by striking `the court,' and all that follows through the end of the section and inserting the following: `the court. The periods of exclusion under section 3161(h) shall apply to this section. In determining whether an information should be dismissed with or without prejudice, the court shall consider the seriousness of the alleged act of juvenile delinquency, the facts and circumstances of the case that led to the dismissal, and the impact of a reprosecution on the administration of justice.'.
SEC. 107. DISPOSITIONAL HEARINGS.
Section 5037 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
`(a) In General:
`(1) Dispositional hearing:
`(A) In general: In a proceeding under section 5032(a)(1)(D), if the court finds a juvenile to be a juvenile delinquent, the court shall hold a hearing concerning the appropriate disposition of the juvenile not later than 40 court days after the finding of juvenile delinquency, unless the court has ordered further study pursuant to subsection (e).
`(B) Predisposition report: A predisposition report shall be prepared by the probation officer, who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government. Victim impact information shall be included in the predisposition report, and victims or, in appropriate cases, their official representatives, shall be provided the opportunity to make a statement to the court in person or to present any information in relation to the disposition.
`(2) Actions of court after hearing: After a dispositional hearing under paragraph (1), after considering any pertinent policy statements promulgated by the United States Sentencing Commission pursuant to section 994 of title 28, and in conformance with any guidelines promulgated by the United States Sentencing Commission pursuant to section 994(z)(1)(B) of title 28, the court shall--
`(A) place the juvenile on probation or commit the juvenile to official detention (including the possibility of a term of supervised release), and impose any fine that would be authorized if the juvenile had been tried and convicted as an adult; and
`(B) enter an order of restitution pursuant to section 3663.';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting `or supervised release' after `probation';
(B) by striking `extend--' and all that follows through `The provisions' and inserting the following: `extend, in the case of a juvenile, beyond the maximum term of probation that would be authorized by section 3561, or beyond the maximum term of supervised release authorized by section 3583, if the juvenile had been tried and convicted as an adult. The provisions dealing with supervised release set forth in section 3583 and the provisions'; and
(C) in the last sentence, by inserting `or supervised release' after `on probation'; and
(3) in subsection (c), by striking `may not extend--' and all that follows through `Section 3624' and inserting the following: `may not extend beyond the earlier of the 26th birthday of the juvenile or the termination date of the maximum term of imprisonment, exclusive of any term of supervised release, that would be authorized if the juvenile had been tried and convicted as an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile attains the age of 18 years. Section 3624'.
SEC. 108. USE OF JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is amended to read as follows:
`5038. Use of juvenile records
`(a) In General: Throughout a juvenile delinquency proceeding under section 5032 or 5037, the records of such proceeding shall be safeguarded from disclosure to unauthorized persons, and shall only be released to the extent necessary for purposes of--
`(1) compliance with section 5032(h);
`(2) docketing and processing by the court;
`(3) responding to an inquiry received from another court of law;
`(4) responding to an inquiry from an agency preparing a presentence report for another court;
`(5) responding to an inquiry from a law enforcement agency, if the request for information is related to the investigation of a crime or a position within that agency or analysis requested by the Attorney General;
`(6) responding to a written inquiry from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court;
`(7) responding to an inquiry from an agency considering the person for a position immediately and directly affecting national security;
`(8) responding to an inquiry from any victim of such juvenile delinquency or, if the victim is deceased, from a member of the immediate family of the victim, related to the final disposition of such juvenile by the court in accordance with section 5032 or 5037, as applicable; and
`(9) communicating with a victim of such juvenile delinquency or, in appropriate cases, with the official representative of a victim, in order to--
`(A) apprise the victim or representative of the status or disposition of the proceeding;
`(B) effectuate any other provision of law; or
`(C) assist in the allocution at disposition of the victim or the representative of the victim.
`(b) Records of Adjudication:
`(1) Transmission to fbi: Upon an adjudication of delinquency under section 5032 or 5037, the court shall transmit to the Director of the Federal Bureau of Investigation a record of such adjudication.
`(2) Maintaining records: The Director of the Federal Bureau of Investigation shall maintain, in the central repository of the Federal Bureau of Investigation, in accordance with the established practices and policies relating to adult criminal history records of the Federal Bureau of Investigation--
`(A) a fingerprint supported record of the Federal adjudication of delinquency of any juvenile who commits an act that, if committed by an adult, would constitute the offense of murder, armed robbery, rape (except statutory rape), or a felony offense involving sexual molestation of a child, or a conspiracy or attempt to commit any such offense, that is equivalent to, and maintained and disseminated in the same manner and for the same purposes, as are adult criminal history records for the same offenses; and
`(B) a fingerprint supported record of the Federal adjudication of delinquency of any juvenile who commits an act that, if committed by an adult, would be any felony offense (other than an offense described in subparagraph (A)) that is equivalent to, and maintained and disseminated in the same manner, as are adult criminal history records for the same offenses--
`(i) for use by and within the criminal justice system for the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, sentencing, disposition, correctional supervision, or rehabilitation of an accused person, criminal offender, or juvenile delinquent; and
`(ii) for purposes of responding to an inquiry from an agency considering the subject of the record for a position or clearance immediately and directly affecting national security.
`(3) Availability of records to schools in certain circumstances: Notwithstanding paragraph (2), the Director of the Federal Bureau of Investigation shall make an adjudication record of a juvenile maintained pursuant to subparagraph (A) or (B) of that paragraph, or conviction record described in subsection (d), available to an official of an elementary, secondary, or post-secondary school, in appropriate circumstances (as defined by and under rules issued by the Attorney General), if--
`(A) the subject of the record is a student enrolled at the school, or a juvenile who seeks, intends, or is instructed to enroll at that school;
`(B) the school official is subject to the same standards and penalties under applicable Federal and State law relating to the handling and disclosure of information contained in juvenile adjudication records as are employees of law enforcement and juvenile justice agencies in the State; and
`(C) information contained in the record is not used for the sole purpose of denying admission.
`(c) Notification of Rights: A district court of the United States that exercises jurisdiction over a juvenile shall notify the juvenile, and a parent or guardian of the juvenile, in writing, and in clear and nontechnical language, of the rights of the juvenile relating to the adjudication record of the juvenile. Any juvenile may petition the court after a period of 5 years to have a record relating to such juvenile and described in this section (except a record relating to an offense described in subsection (b)(2)(A)) removed from the Federal Bureau of Investigation database if that juvenile can establish by clear and convincing evidence that the juvenile is no longer a danger to the community.
`(d) Records of Juveniles Tried as Adults: In any case in which a juvenile is tried as an adult in Federal court, the Federal criminal record of the juvenile shall be made available in the same manner as is applicable to the records of adult defendants.'.
[Page: S9242]
SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.
(a) In General: Section 5039 of title 18, United States Code, is amended to read as follows:
`5039. Implementation of a sentence
`(a) In General: Except as otherwise provided in this chapter, the sentence for a juvenile who is adjudicated delinquent or found guilty of an offense under any proceeding in a district court of the United States under section 5032 shall be carried out in the same manner as for an adult defendant.
`(b) Sentences of Imprisonment, Probation, and Supervised Release: Subject to subsection (d), the implementation of a sentence of imprisonment is governed by subchapter C of chapter 229 and, if the sentence includes a term of probation or supervised release, by subchapter A of chapter 229.
`(c) Sentences of Fines and Orders of Restitution; Special Assessments:
`(1) In general: A sentence of a fine, an order of restitution, or a special assessment under section 3013 shall be implemented and collected in the same manner as for an adult defendant.
`(2) Prohibition: The parent, guardian, or custodian of a juvenile sentenced to pay a fine may not be made liable for such payment by any court.
`(d) Segregation of Juveniles; Conditions of Confinement:
`(1) In general: No juvenile committed for incarceration, whether pursuant to an adjudication of delinquency or conviction for an offense, to the custody of the Attorney General may, before the juvenile attains the age of 18 years, be placed or retained in any jail or correctional institution in which the juvenile has prohibited physical contact with adult inmate or can engage in sustained oral communication with adult inmates. To the extent practicable, violent juveniles shall be kept separate from nonviolent juveniles.
`(2) Requirements: Each juvenile who is committed for incarceration shall be provided with--
`(A) adequate food, heat, light, sanitary facilities, bedding, clothing, and recreation; and
`(B) as appropriate, counseling, education, training, and medical care (including necessary psychiatric, psychological, or other care or treatment).
`(3) Commitment to foster home or community-based facility: Except in the case of a juvenile who is found guilty of a violent felony or who is adjudicated delinquent for an offense that would be a violent felony if the juvenile had been prosecuted as an adult, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community if that commitment is--
`(A) practicable;
`(B) in the best interest of the juvenile; and
`(C) consistent with the safety of the community.'.
(b) Conforming Amendment: The analysis for chapter 403 of title 18, United States Code, is amended by striking the item relating to section 5039 and inserting the following:
`5039. Implementation of a sentence.'.
SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.
Section 3401(g) of title 18, United States Code, is amended--
(1) in the second sentence, by inserting after `magistrate judge may, in any' the following: `class A misdemeanor or any'; and
(2) in the third sentence, by striking `, except that no' and all that follows before the period at the end of the subsection.
SEC. 111. FEDERAL SENTENCING GUIDELINES.
(a) Application of Guidelines to Certain Juvenile Defendants: Section 994(h) of title 28, United States Code, is amended by inserting `, or in which the defendant is a juvenile who is tried as an adult,' after `old or older'.
(b) Guidelines for Juvenile Cases:
(1) In general: Section 994 of title 28, United States Code, is amended by adding at the end the following:
`(z) Guidelines for Juvenile Cases:
`(1) In general: Not later than 1 year after the date of enactment of the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999, the Commission, by affirmative vote of not less than 4 members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute, shall promulgate and distribute to all courts of the United States and to the United States Probation System--
`(A) guidelines, as described in this section, for use by a sentencing court in determining the sentence to be imposed in a criminal case if the defendant committed the offense as a juvenile, and is tried as an adult pursuant to section 5032 of title 18, United States Code; and
`(B) guidelines, as described in this section, for use by a court in determining the sentence to be imposed on a juvenile adjudicated delinquent pursuant to section 5032 of title 18, United States Code, and sentenced pursuant to a dispositional hearing under section 5037 of title 18, United States Code.
`(2) Determinations: In carrying out this subsection, the Commission shall make the determinations required by subsection (a)(1) and promulgate the policy statements and guidelines required by paragraphs (2) and (3) of subsection (a).
`(3) Considerations: In addition to any other considerations required by this section, the Commission, in promulgating guidelines--
`(A) pursuant to paragraph (1)(A), shall presume the appropriateness of adult sentencing provisions, but may make such adjustments to sentence lengths and to provisions governing downward departures from the guidelines as reflect the specific interests and circumstances of juvenile defendants; and
`(B) pursuant to paragraph (1)(B), shall ensure that the guidelines--
`(i) reflect the broad range of sentencing options available to the court under section 5037 of title 18, United States Code; and
`(ii) effectuate a policy of an accountability-based juvenile justice system that provides substantial and appropriate sanctions, that are graduated to reflect the severity or repeated nature of violations, for each delinquent act, and reflect the specific interests and circumstances of juvenile defendants.
`(4) Review period: The review period specified by subsection (p) applies to guidelines promulgated pursuant to this subsection and any amendments to those guidelines.'.
(2) Technical correction to assure compliance of sentencing guidelines with provisions of all federal statutes: Section 994(a) of title 28, United States Code, is amended by striking `consistent with all pertinent provisions of this title and title 18, United States Code,' and inserting `consistent with all pertinent provisions of any Federal statute'.
[Page: S9243]
SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.
Not later than 18 months after the date of enactment of this Act, the Attorney General shall conduct a study of the juvenile justice systems of Indian tribes (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) and shall report to the Chairman and Ranking Member of the Committee on the Judiciary and the Committee on Indian Affairs of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives on--
(1) the extent to which tribal governments are equipped to adjudicate felonies, misdemeanors, and acts of delinquency committed by juveniles subject to tribal jurisdiction; and
(2) the need for and benefits from expanding the jurisdiction of tribal courts and the authority to impose the same sentences that can be imposed by Federal or State courts on such juveniles.
TITLE II--JUVENILE GANGS
SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG ACTIVITY.
(a) Prohibited Acts: 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
`(a) Prohibited Act: It shall be unlawful for any person, to use any facility in, or travel in, interstate or foreign commerce, or cause another to do so, to recruit, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent that the person being recruited, solicited, induced, commanded or caused to be or remain a member of such gang participate in an offense described in section 521(c) of this title.
`(b) Penalties: Any person who violates subsection (a) shall--
`(1) if the person recruited, solicited, induced, commanded, or caused--
`(A) is a minor, be imprisoned 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 not less than 1 year and not more than 10 years, fined in accordance with this title, or both; and
`(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor attains the age of 18 years.
`(c) Definitions: In this section:
`(1) Criminal street gang: The term `criminal street gang' has the meaning given the term in section 521.
`(2) Minor: The term `minor' means a person who is younger than 18 years of age.'.
(b) Conforming Amendment: The analysis for chapter 26 of title 18, United States Code, is amended by adding at the end the following:
`522. Recruitment of persons to participate in criminal street gang activity.'.
SEC. 202. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended--
(1) in subsection (b), by striking `one year' and inserting `3 years'; and
(2) in subsection (c), by striking `one year' and inserting `5 years'.
SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.
(a) In General: Chapter 1 of title 18, United States Code, is amended by adding at the end the following:
`25. Use of minors in crimes of violence
`(a) Penalties: Except as otherwise provided by law, whoever, being not less than 18 years of age, knowingly and intentionally uses a minor to commit a Federal offense that is a crime of violence, or to assist in avoiding detection or apprehension for such an offense, shall--
`(1) be subject to 2 times the maximum imprisonment and 2 times the maximum fine that would otherwise be imposed for the offense; and
`(2) for second or subsequent convictions under this subsection, be subject to 3 times the maximum imprisonment and 3 times the maximum fine that would otherwise be imposed for the offense.
`(b) Definitions: In this section:
`(1) Crime of violence: The term `crime of violence' has the meaning given the term in section 16 of this title.
`(2) Minor: The term `minor' means a person who is less than 18 years of age.
`(3) Uses: The term `uses' means employs, hires, persuades, induces, entices, or coerces.'.
(b) Conforming Amendment: The analysis for chapter 1 of title 18, United States Code, is amended by adding at the end the following:
`25. Use of minors in crimes of violence.'.
SEC. 204. CRIMINAL STREET GANGS.
(a) In General: Section 521 of title 18, United States Code, is amended--
(1) in subsection (a), in the second undesignated paragraph--
(A) by striking `5' and inserting `3';
(B) by inserting `, whether formal or informal' after `or more persons'; and
(C) in subparagraph (A), by inserting `or activities' after `purposes';
(2) in subsection (b), by inserting after `10 years' the following: `and such person shall be subject to the forfeiture prescribed in section 412 of the Controlled Substances Act (21 U.S.C. 853)';
(3) in subsection (c)--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period at the end and inserting a semicolon;
(C) by adding at the end the following:
`(3) that is a violation of section 522 (relating to the recruitment of persons to participate in criminal gang activity);
`(4) that is a violation of section 844, 875, or 876 (relating to extortion and threats), section 1084 (relating to gambling), section 1955 (relating to gambling), or chapter 73 (relating to obstruction of justice);
`(5) that is a violation of section 1956 (relating to money laundering), to the extent that the violation of such section is related to a Federal or State offense involving a controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or
`(6) that is a violation of section 274(a)(1)(A), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling); and
`(7) a conspiracy, attempt, or solicitation to commit an offense described in paragraphs (1) through (6).'.
(b) Technical and Conforming Amendment: Section 3663(c)(4) of title 18, United States Code, is amended by striking `chapter 46' and inserting `section 521, chapter 46,'.
SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions: In this section:
(1) Governor: The term `Governor' means a Governor of a State or the Mayor of the District of Columbia.
(2) High intensity interstate gang activity area: The term `high intensity interstate gang activity area' means an area within a State that is designated as a high intensity interstate gang activity area under subsection (b)(1).
(3) State: The term `State' means a State of the United States or the District of Columbia.
(b) High Intensity Interstate Gang Activity Areas:
(1) Designation: The Attorney General, upon consultation with the Secretary of the Treasury and the Governors of appropriate States, may designate as a high intensity interstate gang activity area a specified area that is located--
(A) within a State; or
(B) in more than 1 State.
(2) Assistance: In order to provide Federal assistance to a high intensity interstate gang activity area, the Attorney General may--
(A) facilitate the establishment of a regional task force, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal activities of gangs and gang members in the high intensity interstate gang activity area; and
(B) direct the detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to the high intensity interstate gang activity area.
(3) Criteria for designation: In considering an area (within a State or within more than 1 State) for designation as a high intensity interstate gang activity area under this section, the Attorney General shall consider--
(A) the extent to which gangs from the area are involved in interstate or international criminal activity;
(B) the extent to which the area is affected by the criminal activity of gang members who--
(i) are located in, or have relocated from, other States; or
(ii) are located in, or have immigrated (legally or illegally) from, foreign countries;
(C) the extent to which the area is affected by the criminal activity of gangs that originated in other States or foreign countries;
(D) the extent to which State and local law enforcement agencies have committed resources to respond to the problem of criminal gang activity in the area, as an indication of their determination to respond aggressively to the problem;
(E) the extent to which a significant increase in the allocation of Federal resources would enhance local response to gang-related criminal activities in the area; and
(F) any other criteria that the Attorney General considers to be appropriate.
(c) Authorization of Appropriations:
(1) In general: There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 1999 through 2004, to be used in accordance with paragraph (2).
(2) Use of funds: Of amounts made available under paragraph (1) in each fiscal year--
(A) 60 percent shall be used to carry out subsection (b)(2); and
(B) 40 percent shall be used to make grants for community-based programs to provide crime prevention and intervention services that are designed for gang members and at-risk youth in areas designated pursuant to this section as high intensity interstate gang activity areas.
(3) Requirement:
(A) In general: The Attorney General shall ensure that not less than 10 percent of amounts made available under paragraph (1) in each fiscal year are used to assist rural States affected as described in subparagraphs (B) and (C) of subsection (b)(3).
(B) Definition of rural state: In this paragraph, the term `rural State' has the meaning given the term in section 1501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)).
SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.
Section 1512 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `as provided in paragraph (2)' and inserting `as provided in paragraph (3)';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) Use of physical force to tamper with witnesses, victims, or informants: Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to--
`(A) influence, delay, or prevent the testimony of any person in an official proceeding;
`(B) cause or induce any person to--
`(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
`(ii) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;
`(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
`(iv) be absent from an official proceeding to which such person has been summoned by legal process; or
`(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).'; and
(D) in paragraph (3), as redesignated, by striking subparagraph (B) and inserting the following:
`(B) in the case of--
`(i) an attempt to murder; or
`(ii) the use of physical force against any person;
imprisonment for not more than 20 years.';
(2) in subsection (b), by striking `or physical force'; and
(3) by adding at the end the following:
`(j) Conspiracy: Whoever conspires to commit any offense under this section or section 1513 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.'.
[Page: S9244]
SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO COMBAT GANG CRIME AND YOUTH VIOLENCE.
(a) In General: Section 31702 of subtitle Q of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(5) to allow the hiring of additional prosecutors, so that more cases can be prosecuted and backlogs reduced;
`(6) to provide funding to enable prosecutors to address drug, gang, and youth violence problems more effectively;
`(7) to provide funding to assist prosecutors with funding for technology, equipment, and training to assist prosecutors in reducing the incidence of, and increase the successful identification and speed of prosecution of young violent offenders; and
`(8) to provide funding to assist prosecutors in their efforts to engage in community prosecution, problem solving, and conflict resolution techniques through collaborative efforts with police, school officials, probation officers, social service agencies, and community organizations.'.
(b) Authorization of Appropriations: Section 31707 of subtitle Q of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows:
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subtitle, $50,000,000 for 2000 through 2004.'.
SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG MEMBER.
(a) Definition of Criminal Street Gang: In 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 204 of this Act.
(b) Amendment of Sentencing Guidelines:
(1) In general: Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide an appropriate enhancement for any Federal offense described in section 521(c) of title 18, United States Code as amended by section 204 of this Act, if the offense was both committed in connection with, or in furtherance of, the activities of a criminal street gang and the defendant was a member of the criminal street gang at the time of the offense.
(2) Factors to be considered: In determining an appropriate enhancement under this section, the United States Sentencing Commission shall give great weight to the seriousness of the offense, the offender's relative position in the criminal gang, and the risk of death or serious bodily injury to any person posed by the offense.
(c) Construction With Other Guidelines: The amendment made by subsection (b) shall provide that the increase in the offense level shall be in addition to any other adjustment under chapter 3 of the Federal Sentencing Guidelines.
SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF CRIMINAL GANGS.
(a) Travel Act Amendment: Section 1952 of title 18, United States Code, is amended to read as follows:
`1952. Interstate and foreign travel or transportation in aid of racketeering enterprises
`(a) Prohibited Conduct and Penalties:
`(1) In general: Whoever--
`(A) travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to--
`(i) distribute the proceeds of any unlawful activity; or
`(ii) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity; and
`(B) after travel or use of the mail or any facility in interstate or foreign commerce described in subparagraph (A), performs, attempts to perform, or conspires to perform an act described in clause (i) or (ii) of subparagraph (A);
shall be fined under this title, imprisoned not more than 10 years, or both.
`(2) Crimes of violence: Whoever--
`(A) travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to commit any crime of violence to further any unlawful activity; and
`(B) after travel or use of the mail or any facility in interstate or foreign commerce described in subparagraph (A), commits, attempts to commit, or conspires to commit any crime of violence to further any unlawful activity;
shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be sentenced to death or be imprisoned for any term of years or for life.
`(b) Definitions: In this section:
`(1) Controlled substance: The term `controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
`(2) State: The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
`(3) Unlawful activity: The term `unlawful activity' means--
`(A) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances, or prostitution offenses in violation of the laws of the State in which the offense is committed or of the United States;
`(B) extortion, bribery, arson, burglary if the offense involves property valued at not less than $10,000, assault with a deadly weapon, assault resulting in bodily injury, shooting at an occupied dwelling or motor vehicle, or retaliation against or intimidation of witnesses, victims, jurors, or informants, in violation of the laws of the State in which the offense is committed or of the United States;
`(C) the use of bribery, force, intimidation, or threat, directed against any person, to delay or influence the testimony of or prevent from testifying a witness in a State criminal proceeding or by any such means to cause any person to destroy, alter, or conceal a record, document, or other object, with intent to impair the object's integrity or availability for use in such a proceeding; or
`(D) any act that is indictable under section 1956 or 1957 of this title or under subchapter II of chapter 53 of title 31.'.
(b) Amendment of Sentencing Guidelines:
(1) In general: Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal Sentencing Guidelines to provide an appropriate increase in the offense levels for traveling in interstate or foreign commerce in aid of unlawful activity.
(2) Unlawful activity defined: In this subsection, the term `unlawful activity' has the meaning given that term in section 1952(b) of title 18, United States Code, as amended by this section.
(3) Sentencing enhancement for recruitment across state lines: Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide an appropriate enhancement for a person who, in violating section 522 of title 18, United States Code (as added by section 201 of this Act), recruits, solicits, induces, commands, or causes another person residing in another State to be or to remain a member of a criminal street gang, or crosses a State line with the intent to recruit, solicit, induce, command, or cause another person to be or to remain a member of a criminal street gang.
SEC. 210. PROHIBITIONS RELATING TO FIREARMS.
(a) 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);'.
(b) Transfer of Firearms to Minors for Use in Crime: Section 924(h) of title 18, United States Code, is amended by inserting `and if the transferee is a person who is under 18 years of age, imprisoned not less than 3 years,' after `10 years,'.
SEC. 211. CLONE PAGERS.
(a) In General: Section 2511(2)(h) of title 18, United States Code, is amended by striking clause (i) and inserting the following:
`(i) to use a pen register, trap and trace device, or clone pager, as those terms are defined in chapter 206 of this title (relating to pen registers, trap and trace devices, and clone pagers); or';
(b) Exception: Section 3121 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
`(a) In General: Except as provided in this section, no person may install or use a pen register, trap and trace device, or clone pager without first obtaining a court order under section 3123 or 3129 of this title, or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).';
(2) in subsection (b), by striking `a pen register or a trap and trace device' and inserting `a pen register, trap and trace device, or clone pager'; and
(3) by striking the section heading and inserting the following:
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`3121. General prohibition on pen register, trap and trace device, and clone pager use; exception'.
(c) Assistance: Section 3124 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
`(c) Clone Pager: Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to use a clone pager under this chapter, a provider of electronic communication service shall furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the use of the clone pager unobtrusively and with a minimum of interference with the services that the person so ordered by the court provides to the subscriber, if such assistance is directed by a court order, as provided in section 3129(b)(2) of this title.'; and
(3) by striking the section heading and inserting the following:
`3124. Assistance in installation and use of a pen register, trap and trace device, or clone pager'.
(d) Emergency Installations: Section 3125 of title 18, United States Code, is amended--
(1) by striking `pen register or a trap and trace device' and `pen register or trap and trace device' each place they appear and inserting `pen register, trap and trace device, or clone pager';
(2) in subsection (a), by striking `an order approving the installation or use is issued in accordance with section 3123 of this title' and inserting `an application is made for an order approving the installation or use in accordance with section 3122 or section 3128 of this title';
(3) in subsection (b), by adding at the end the following: `If such application for the use of a clone pager is denied, or in any other case in which the use of the clone pager is terminated without an order having been issued, an inventory shall be served as provided for in section 3129(e) of this title.'; and
(4) by striking the section heading and inserting the following:
`3125. Emergency installation and use of pen register, trap and trace device, and clone pager'.
(e) Reports: Section 3126 of title 18, United States Code, is amended--
(1) by striking `pen register orders and orders for trap and trace devices' and inserting `orders for pen registers, trap and trace devices, and clone pagers'; and
(2) by striking the section heading and inserting the following:
`3126. Reports concerning pen registers, trap and trace devices, and clone pagers'.
(f) Definitions: Section 3127 of title 18, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking `or' at the end; and
(B) by striking subparagraph (B) and inserting the following:
`(B) with respect to an application for the use of a pen register or trap and trace device, a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device; or
`(C) with respect to an application for the use of a clone pager, a court of general criminal jurisdiction of a State authorized by the law of that State to issue orders authorizing the use of a clone pager;';
(2) in paragraph (5), by striking `and' at the end;
(3) in paragraph (6), by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following:
`(7) the term `clone pager' means a numeric display device that receives communications intended for another numeric display paging device.'.
(g) Applications: Chapter 206 of title 18, United States Code, is amended by adding at the end the following:
`3128. Application for an order for use of a clone pager
`(a) Application:
`(1) Federal representatives: Any attorney for the Government may apply to a court of competent jurisdiction for an order or an extension of an order under section 3129 of this title authorizing the use of a clone pager.
`(2) State representatives: A State investigative or law enforcement officer may, if authorized by a State statute, apply to a court of competent jurisdiction of such State for an order or an extension of an order under section 3129 of this title authorizing the use of a clone pager.
`(b) Contents of Application: An application under subsection (a) of this section shall include--
`(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation;
`(2) the identity, if known, of the individual or individuals using the numeric display paging device to be cloned;
`(3) a description of the numeric display paging device to be cloned;
`(4) a description of the offense to which the information likely to be obtained by the clone pager relates;
`(5) the identity, if known, of the person who is subject of the criminal investigation; and
`(6) an affidavit or affidavits, sworn to before the court of competent jurisdiction, establishing probable cause to believe that information relevant to an ongoing criminal investigation being conducted by that agency will be obtained through use of the clone pager.
`3129. Issuance of an order for use of a clone pager
`(a) In General: Upon an application made under section 3128 of this title, the court shall enter an ex parte order authorizing the use of a clone pager within the jurisdiction of the court if the court finds that the application has established probable cause to believe that information relevant to an ongoing criminal investigation being conducted by that agency will be obtained through use of the clone pager.
`(b) Contents of an Order: An order issued under this section--
`(1) shall specify--
`(A) the identity, if known, of the individual or individuals using the numeric display paging device to be cloned;
`(B) the numeric display paging device to be cloned;
`(C) the identity, if known, of the subscriber to the pager service; and
`(D) the offense to which the information likely to be obtained by the clone pager relates; and
`(2) shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to use the clone pager under section 3124 of this title.
`(c) Time Period and Extensions:
`(1) In general: An order issued under this section shall authorize the use of a clone pager for a period not to exceed 30 days. Such 30-day period shall begin on the earlier of the day on which the investigative or law enforcement officer first begins use of the clone pager under the order or the tenth day after the order is entered.
`(2) Extensions: Extensions of an order issued under this section may be granted, but only upon an application for an order under section 3128 of this title and upon the judicial finding required by subsection (a). An extension under this paragraph shall be for a period not to exceed 30 days.
`(3) Report: Within a reasonable time after the termination of the period of a clone pager order or any extensions thereof under this subsection, the applicant shall report to the issuing court the number of numeric pager messages acquired through the use of the clone pager during such period.
`(d) Nondisclosure of Existence of Clone Pager: An order authorizing the use of a clone pager shall direct that--
`(1) the order shall be sealed until otherwise ordered by the court; and
`(2) the person who has been ordered by the court to provide assistance to the applicant may not disclose the existence of the clone pager or the existence of the investigation to the listed subscriber, or to any other person, until otherwise ordered by the court.
`(e) Notification:
`(1) In general: Within a reasonable time, not later than 90 days after the date of termination of the period of a clone pager order or any extensions thereof, the issuing judge shall cause to be served, on the individual or individuals using the numeric display paging device that was cloned, an inventory including notice of--
`(A) the fact of the entry of the order or the application;
`(B) the date of the entry and the period of clone pager use authorized, or the denial of the application; and
`(C) whether or not information was obtained through the use of the clone pager.
`(2) Postponement: Upon an ex-parte showing of good cause, a court of competent jurisdiction may in its discretion postpone the serving of the notice required by this subsection.'.
(h) Clerical Amendments: The table of sections for chapter 206 of title 18, United States Code, is amended--
(1) by striking the item relating to section 3121 and inserting the following:
`3121. General prohibition on pen register, trap and trace device, and clone pager use; exception.';
(2) by striking the items relating to sections 3124, 3125, and 3126 and inserting the following:
`3124. Assistance in installation and use of a pen register, trap and trace device, or clone pager.
`3125. Emergency installation and use of pen register, trap and trace device, and clone pager.
`3126. Reports concerning pen registers, trap and trace devices, and clone pagers.'; and
(3) by adding at the end the following:
`3128. Application for an order for use of a clone pager.
`3129. Issuance of an order for use of a clone pager'.
(i) Conforming Amendment: Section 704(a) of the Communications Act of 1934 (47 U.S.C. 605(a)) is amended by striking `chapter 119,' and inserting `chapters 119 and 206 of'.
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TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY PREVENTION
Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention Act of 1974
SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.
Title I of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended to read as follows:
`TITLE I--FINDINGS AND DECLARATION OF PURPOSE
`SEC. 101. FINDINGS.
`Congress makes the following findings:
`(1) During the past decade, the United States has experienced an alarming increase in arrests of adolescents for murder, assault, and weapons offenses.
`(2) In 1994, juveniles accounted for 1 in 5 arrests for violent crimes, including murder, robbery, aggravated assault, and rape, including 514 such arrests per 100,000 juveniles 10 through 17 years of age.
`(3) Understaffed and overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities no longer adequately address the changing nature of juvenile crime, protect the public, or correct youth offenders.
`(4) The juvenile justice system has proven inadequate to meet the needs of society and the needs of children who may be at risk of becoming delinquents are not being met.
`(5) Existing programs and policies have not adequately responded to the particular threats that drugs, alcohol abuse, violence, and gangs pose to the youth of the Nation.
`(6) Projected demographic increases in the number of youth offenders require reexamination of current prosecution and incarceration policies for serious violent youth offenders and crime prevention policies.
`(7) State and local communities require assistance to deal comprehensively with the problems of juvenile delinquency.
`(8) Existing Federal programs have not provided the States with necessary flexibility, nor have these programs provided the coordination, resources, and leadership required to meet the crisis of youth violence.
`(9) Overlapping and uncoordinated Federal programs have created a multitude of Federal funding streams to States and units of local government, 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) 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 implement quality prevention programs that work with at-risk juveniles, their families, local public agencies, and community-based organizations.
`(12) A strong partnership among law enforcement, local government, juvenile and family courts, schools, public recreation agencies, businesses, philanthropic organizations, families, and the religious community, can create a community environment that supports the youth of the Nation in reaching their highest potential and reduces the destructive trend of juvenile crime.
`SEC. 102. PURPOSE AND STATEMENT OF POLICY.
`(a) In General: The purposes of this Act are to--
`(1) empower States and communities to develop and implement comprehensive programs that support families, reduce risk factors, and prevent serious youth crime and juvenile delinquency;
`(2) protect the public and to hold juveniles accountable for their acts;
`(3) encourage and promote, consistent with the ideals of federalism, the adoption by the States of policies recognizing the rights of victims in the juvenile justice system, and ensuring that the victims of violent crimes committed by juveniles receive the same level of justice as do the victims of violent crimes committed by adults;
`(4) provide for the thorough and ongoing evaluation of all federally funded programs addressing juvenile crime and delinquency;
`(5) 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;
`(6) 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;
`(7) establish a Federal assistance program to deal with the problems of runaway and homeless youth;
`(8) assist States and units of local government in improving the administration of justice for juveniles;
`(9) assist the States and units of local government in reducing the level of youth violence and juvenile delinquency;
`(10) assist States and units of local government in promoting public safety by supporting juvenile delinquency prevention and control activities;
`(11) encourage and promote programs designed to keep in school juvenile delinquents expelled or suspended for disciplinary reasons;
`(12) assist States and units of local government in promoting public safety by encouraging accountability for acts of juvenile delinquency;
`(13) assist States and units of local government 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;
`(14) assist States and units of local government in promoting public safety by encouraging the identification of violent and hardcore juveniles;
`(15) assist States and units of local government in promoting public safety by providing resources to States to build or expand juvenile detention facilities;
`(16) provide for the evaluation of federally assisted juvenile crime control programs, and the training necessary for the establishment and operation of such programs;
`(17) ensure the dissemination of information regarding juvenile crime control programs by providing a national clearinghouse; and
`(18) provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs.
`(b) Statement of Policy: It is the policy of Congress to provide resources, leadership, and coordination to--
`(1) combat youth violence and to prosecute and punish effectively violent juvenile offenders;
`(2) enhance efforts to prevent juvenile crime and delinquency; and
`(3) 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 Prevention, appointed in accordance with section 201.
`(2) Adult inmate: The term `adult inmate' means an individual who--
`(A) has reached the age of full criminal responsibility under applicable State law; and
`(B) has been arrested and is in custody for, awaiting trial on, or convicted of criminal charges.
`(3) Boot camp: The term `boot camp' means a residential facility (excluding a private residence) at which there are provided--
`(A) a highly regimented schedule of discipline, physical training, work, drill, and ceremony characteristic of military basic training;
`(B) regular, remedial, special, and vocational education;
`(C) counseling and treatment for substance abuse and other health and mental health problems;
`(D) supervision by properly screened staff, who are trained and experienced in working with juveniles or young adults, in highly structured, disciplined surroundings, characteristic of a military environment; and
`(E) participation in community service programs, such as counseling sessions, mentoring, community service, or restitution projects, and a comprehensive aftercare plan developed through close coordination with Federal, State, and local agencies, and in cooperation with business and private organizations, as appropriate.
`(4) Bureau of justice assistance: The term `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 (42 U.S.C. 3741).
`(5) Bureau of justice statistics: The term `Bureau of Justice Statistics' means the bureau established by section 302(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732).
`(6) Collocated facilities: The term `collocated facilities' means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds.
`(7) Combination: The term `combination' as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile crime control and delinquency prevention plan.
`(8) Community-based: The term `community-based' facility, program, or service means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service that maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services.
`(9) Comprehensive and coordinated system of services: The term `comprehensive and coordinated system of services' means a system that--
`(A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety;
`(B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families;
`(C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and
`(D) encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency.
`(10) Construction: The term `construction' means erection of new buildings or acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for buildings).
`(11) Federal juvenile crime control, prevention, and juvenile offender accountability program: The term `Federal juvenile crime control, prevention, and juvenile offender accountability program' means any Federal program a primary objective of which is the prevention of juvenile crime or reduction of the incidence of arrest, the commission of criminal acts or acts of delinquency, violence, the use of alcohol or illegal drugs, or the involvement in gangs among juveniles.
`(12) Gender-specific services: The term `gender-specific services' means services designed to address needs unique to the gender of the individual to whom such services are provided.
`(13) Graduated sanctions: The term `graduated sanctions' means an accountability-based juvenile justice system that protects the public, and holds juvenile delinquents accountable for acts of delinquency by providing substantial and appropriate sanctions that are graduated in such a manner as to reflect (for each act of delinquency or offense) the severity or repeated nature of that act or offense, and in which there is sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender.
`(14) Home-based alternative services: 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.
`(15) Indian tribe: The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
`(16) Juvenile: The term `juvenile' means a person who has not attained the age of 18 years who is subject to delinquency proceedings under applicable State law.
`(17) Juvenile population: The term `juvenile population' means the population of a State under 18 years of age.
`(18) Jail or lockup for adults: 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.
`(19) Juvenile delinquency program: The term `juvenile delinquency program' means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including--
`(A) drug and alcohol abuse programs;
`(B) the improvement of the juvenile justice system; and
`(C) any program or activity that is designed to reduce known risk factors for juvenile delinquent behavior, by providing activities that build on protective factors for, and develop competencies in, juveniles to prevent and reduce the rate of delinquent juvenile behavior.
`(20) Law enforcement and criminal justice: The term `law enforcement and criminal justice' means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction.
`(21) National institute of justice: The term `National Institute of Justice' means the institute established by section 202(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3721).
`(22) Nonprofit organization: The term `nonprofit organization' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986.
`(23) Office: The term `Office' means the Office of Juvenile Crime Control and Prevention established under section 201.
`(24) Office of justice programs: The term `Office of Justice Programs' means the office established by section 101 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711).
`(25) 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, violent and unlawful acts of animal cruelty, and teenage pregnancy, among youth in the community.
`(26) 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.
`(27) Prohibited physical contact:
`(A) In general: The term `prohibited physical contact' means--
`(i) any physical contact between a juvenile and an adult inmate; and
`(ii) proximity that provides an opportunity for physical contact between a juvenile and an adult inmate.
`(B) Exclusion: The term does not include supervised proximity between a juvenile and an adult inmate that is brief and inadvertent, or accidental, in secure areas of a facility that are not dedicated to use by juvenile offenders and that are nonresidential, which may include dining, recreational, educational, vocational, health care, entry areas, and passageways.
`(28) Related complex of buildings: The term `related complex of buildings' means 2 or more buildings that share--
`(A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or
`(B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28, Code of Federal Regulations, as in effect on December 10, 1996.
`(29) Secure correctional facility: 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 or any other individual convicted of a criminal offense.
`(30) Secure detention facility: 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 or of any other individual accused of having committed a criminal offense.
`(31) Serious crime: The term `serious crime' means criminal homicide, rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony.
`(32) 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.
`(33) 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).
`(34) Sustained oral communication:
`(A) In general: The term `sustained oral communication' means the imparting or interchange of speech by or between an adult inmate and a juvenile.
`(B) Exception: The term does not include--
`(i) communication that is accidental or incidental; or
`(ii) sounds or noises that cannot reasonably be considered to be speech.
`(35) Treatment: The term `treatment' includes medical and other rehabilitative services designed to protect the public, including any services designed to benefit addicts and other users by--
`(A) eliminating their dependence on alcohol or other addictive or nonaddictive drugs; or
`(B) controlling or reducing their dependence and susceptibility to addiction or use.
`(36) Unit of local government: The term `unit of local government' means--
`(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
`(B) any law enforcement district or judicial enforcement district that--
`(i) is established under applicable State law; and
`(ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues;
`(C) an Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior; or
`(D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for--
`(i) the District of Columbia; or
`(ii) any Trust Territory of the United States.
`(37) Valid court order: The term `valid court order' means a court order given by a juvenile court judge to a juvenile--
`(A) who was brought before the court and made subject to such order; and
`(B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States.
`(38) Violent crime: The term `violent crime' means--
`(A) murder or nonnegligent manslaughter, forcible rape, or robbery; or
`(B) aggravated assault committed with the use of a firearm.
`(39) Youth: The term `youth' means an individual who is not less than 6 years of age and not more than 17 years of age.'.
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SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.
(a) In General: 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:
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`TITLE II--JUVENILE CRIME CONTROL AND PREVENTION
`PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION
`SEC. 201. ESTABLISHMENT OF OFFICE.
`(a) In General: There is established in the Department of Justice, under the general authority of the Attorney General, an Office of Juvenile Crime Control and Prevention.
`(b) Administrator:
`(1) In general: The Office shall be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have had experience in juvenile delinquency prevention and crime control programs.
`(2) Regulations: The Administrator may prescribe regulations consistent with this Act to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, amounts made available under this title.
`(3) Relationship to attorney general: The Administrator shall have the same reporting relationship with the Attorney General as the directors of other offices and bureaus within the Office of Justice Programs have with the Attorney General.
`(c) Deputy Administrator: There shall be in the Office a Deputy Administrator, who shall be appointed by the Attorney General. The Deputy Administrator shall perform such functions as the Administrator may assign or delegate and shall act as the Administrator during the absence or disability of the Administrator.
`(d) Associate Administrator:
`(1) In general: There shall be in the Office an Associate Administrator, who shall be appointed by the Administrator, and who shall be treated as a career reserved position within the meaning of section 3132 of title 5, United States Code.
`(2) Duties: The duties of the Associate Administrator shall include keeping Congress, other Federal agencies, outside organizations, and State and local government officials informed about activities carried out by the Office.
`(e) Delegation and Assignment:
`(1) In general: Except as otherwise expressly prohibited by law or otherwise provided by this title, the Administrator may--
`(A) delegate any of the functions of the Administrator, and any function transferred or granted to the Administrator after the date of enactment of the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999, 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.
`(f) 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.
`SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS.
`(a) In General: The Administrator may select, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in the Administrator and to prescribe their functions.
`(b) Officers: The Administrator may select, appoint, and employ not to exceed 4 officers and to fix their compensation at rates not to exceed the maximum rate payable under section 5376 of title 5, United States Code.
`(c) Detail of Federal Personnel: Upon the request of the Administrator, the head of any Federal agency may detail, on a reimbursable basis, any of its personnel to the Administrator to assist the Administrator in carrying out the functions of the Administrator under this title.
`(d) Services: The Administrator may obtain services as authorized by section 3109 of title 5, United States Code, at rates not to exceed the rate now or hereafter payable under section 5376 of title 5, United States Code.
`SEC. 203. VOLUNTARY SERVICE.
`The Administrator may accept and employ, in carrying out the provisions of this Act, voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
`SEC. 204. NATIONAL PROGRAM.
`(a) National Juvenile Crime Control, Prevention, and Juvenile Offender Accountability Plan:
`(1) In general: Subject to the general authority of the Attorney 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, prevention, and juvenile offender accountability programs and activities relating to improving juvenile crime control, the rehabilitation of juvenile offenders, the prevention of juvenile crime, 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, prevention, and juvenile offender accountability programs and activities, including proposals for joint funding to be coordinated by the Administrator;
`(iii) provide a detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, the time served by juveniles in custody, and the trends demonstrated by such data;
`(iv) provide a description of the activities for which amounts are expended under this title;
`(v) provide specific information relating to the attainment of goals set forth in the plan, including specific, measurable standards for assessing progress toward national juvenile crime reduction and juvenile offender accountability goals; and
`(vi) provide for the coordination of Federal, State, and local initiatives for the reduction of youth crime, preventing delinquency, and ensuring accountability for juvenile offenders.
`(B) Summary and analysis: Each summary and analysis under subparagraph (A)(iii) shall set out the information required by clauses (i), (ii), and (iii) of this subparagraph separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence--
`(i) the types of offenses with which the juveniles are charged;
`(ii) the ages of the juveniles;
`(iii) the types of facilities used to hold the juveniles (including juveniles treated as adults for purposes of prosecution) in custody, including secure detention facilities, secure correctional facilities, jails, and lockups;
`(iv) the length of time served by juveniles in custody; and
`(v) the number of juveniles who died or who suffered serious bodily injury while in custody and the circumstances under which each juvenile died or suffered such injury.
`(C) Definition of serious bodily injury: In this paragraph, the term `serious bodily injury' means bodily injury involving extreme physical pain or the impairment of a function of a bodily member, organ, or mental faculty that requires medical intervention such as surgery, hospitalization, or physical rehabilitation.
`(3) Annual review: The Administrator shall annually--
`(A) review each plan submitted under this subsection;
`(B) revise the plans, as the Administrator considers appropriate; and
`(C) not later than March 1 of each year, present the plans to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of 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, prevention, and juvenil