Juvenile Crime bill

TABLE OF CONTENTS:

Title I: Juvenile Justice Reform

Title II: Juvenile Gangs

Title III: Juvenile Crime Control and Accountability

Title IV: Boys and Girls Clubs

Title V: Miscellaneous

Subtitle A: General Provisions

Subtitle B: Child Exploitation Sentencing Enhancement

Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals provisions of the Federal criminal code (the code) regarding the surrender to State authorities of juveniles arrested for the commission of Federal offenses.

(Sec. 102) Authorizes juveniles age 14 years or older to be tried as adults, at the discretion of the U.S. Attorney, in Federal district court for violations of Federal law which are serious violent felonies or serious drug offenses or which are other felony offenses, if the U.S. Attorney certifies that there is a substantial Federal interest to warrant the exercise of Federal jurisdiction or that the ends of justice otherwise so require. Authorizes the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe with jurisdiction over both the offense and the juvenile.

Subjects juveniles prosecuted as adults in U.S. district court to the same procedures and penalties as adults. Makes mandatory restitution provisions applicable to juveniles tried as adults for specified offenses. Grants the U.S. Attorney, in making determinations concerning juvenile arrest or prosecution, complete access to prior Federal and State (if permitted by State law) juvenile records. Authorizes the Director of the Federal Bureau of Investigation (FBI) to release such records under specified circumstances.

Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence upon finding 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.

Directs the United States Sentencing Commission to: (1) amend the Federal sentencing guidelines to require that prior juvenile convictions and adjudications for crimes of violence, controlled substance offenses, any other offense for which the defendant received a sentence or disposition of imprisonment for one year or more, and any other offense punishable by a term of imprisonment of more than one year for which the defendant was prosecuted as an adult, receive a criminal history score for any juvenile offender being sentenced as an adult similar to that which the defendant would have received if those offenses had been committed as an adult, provided that any portion of the sentence had been imposed or served within 15 years; (2) determine whether the criminal history treatment of juvenile adjudications or convictions for other offenses should be similarly adjusted and make any additional guideline amendments necessary; (3) assign criminal history points for juvenile adjudication based principally on the nature of the acts committed, adjusting the score in light of the length of sentence the juvenile received; (4) submit emergency guidelines or amendments to the Congress; and (5) amend the guidelines to provide for inclusion in any determination of whether a juvenile or adult defendant is a career offender, and in any computation of such defendant's sentence, of any act for which the defendant was previously convicted or adjudicated delinquent as a juvenile that would be a felony if committed as an adult.

(Sec. 104) Modifies code provisions regarding custody prior to appearance before a magistrate to direct that: (1) the arresting officer notify the U.S. Attorney of the appropriate jurisdiction as soon as practicable and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian of custody; and (2) the juvenile not be subject to detention under conditions that permit prohibited physical contact or sustained oral communications with adult inmates.

(Sec. 105) Provides for pretrial detention of juveniles tried as adults on the same basis as adults. Prohibits the pretrial or predisposition detention of juveniles with adults.

(Sec. 106) Extends the period in which the trial of a juvenile in detention must be commenced from 30 to 70 days after the beginning of detention. Applies in juvenile cases the same tolling provisions for such time period that apply in adult prosecutions. Directs the court, in determining whether an information should be dismissed with or without prejudice, to 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 re-prosecution on the administration of justice.

(Sec. 107) Revises code provisions regarding the sentencing of juveniles found to be delinquent but not tried as adults to direct the court to hold a dispositional hearing within 40 court days after the finding of delinquency, unless the court has ordered further study.

Requires: (1) a predisposition report to 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; (2) victim impact information to be included in the report; (3) victims or their official representatives to be provided the opportunity to make a statement to the court or present information in relation to the disposition; and (4) the court to place the juvenile on probation or commit the juvenile to official detention and to impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Authorizes the court to enter an order of restitution. Requires that any such imprisonment be terminated on the juvenile's 26th birthday and prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18.

(Sec. 108) Permits Federal criminal records to be provided to law enforcement agencies where the request is related to analysis requested by the Attorney General and to schools or other educational institutions to ensure public safety and security. Replaces code provisions providing for the release of such records in response to inquiries from victims or their families with provisions permitting the release of communications with any such victim or the victim's official representative to apprise such individual of the status or disposition of the proceeding, to effectuate any other legal provision, or to assist in a victim's allocution at disposition. Repeals a provision prohibiting the name or picture of a juvenile who is taken into custody and who is not prosecuted as an adult from being made public. Expands requirements regarding the submission of fingerprints, photographs, and information to the FBI.

(Sec. 109) Revises code provisions regarding juvenile commitment to require the sentence for a juvenile who is adjudicated delinquent or found guilty of an offense in U.S. district court to be carried out in the same manner as for an adult defendant, with exceptions. Specifies that the parent, guardian, or custodian of a juvenile sentenced to pay a fine or ordered to pay restitution or a special assessment may not be made liable for such payment by any court. Prohibits a juvenile under age 18 who is committed to the custody of the Attorney General for incarceration from being placed or retained in any jail or correctional institution in which the juvenile has prohibited physical contact with an adult inmate or can engage in sustained oral communication with adult inmates. Directs that violent juveniles be kept separate from nonviolent juveniles.

Requires the Attorney General to: (1) commit a juvenile to a foster home or community-based facility located in or near the juvenile's home community if such commitment is practicable, in the juvenile's best interest, and consistent with community safety, with an exception; and (2) study and report to the Congress on the capabilities of Indian tribal courts and criminal justice systems relating to the prosecution of juvenile criminals under tribal jurisdiction; and (3) evaluate an expansion of tribal court criminal jurisdiction.

(Sec. 110) Extends the jurisdiction of Federal magistrate judges to class A misdemeanors. Permits magistrate judges to impose terms of imprisonment on juveniles.

(Sec. 111) Amends the Sentencing Reform Act to: (1) apply Federal sentencing guidelines regarding maximum penalties for violent crimes and serious drug crimes to juveniles tried as adults; and (2) direct the Commission, by affirmative vote of not fewer than four of its members, to promulgate and distribute to all U.S. courts and to the U.S. Probation System guidelines for sentencing juveniles tried as adults in Federal court and for dispositional hearings for juveniles adjudicated delinquent in the Federal system.

(Sec. 112) Directs the Attorney General to conduct a study of the juvenile justice systems of Indian tribes, and to report to specified congressional committees.

Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement for any Federal offense that is a predicate gang crime if the offense was committed in connection with, or in furtherance of, the activities of a criminal gang and the defendant was a member of such gang at the time of the offense, giving great weight to the seriousness of the offense, the offender's relative position in the gang, and the risk of death or serious bodily injury to any person posed by the offense.

(Sec. 203) Modifies code provisions to define "criminal gang" to mean an ongoing group, club, organization, or association of five or more persons that has as one of its primary activities or purposes the commission of one or more predicate gang crimes. Defines "predicate gang crime" to mean an offense, including an act of juvenile delinquency, that if committed by an adult would be: (1) one of specified Federal offenses, including a crime of violence or a controlled substance offense for which the maximum penalty is imprisonment for not fewer than ten years; (2) a State offense that would constitute such a Federal offense if Federal jurisdiction existed; or (3) a conspiracy, attempt, or solicitation to commit such an offense.

Sets penalties, including criminal forfeiture, for engaging in a pattern of criminal gang activity. Prohibits the prosecution of a person for such an offense unless the Attorney General, Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally certifies that such prosecution is in the public interest and necessary to secure substantial justice.

(Sec. 204) Amends the Travel Act to: (1) increase penalties for interstate and foreign travel or transportation in aid of criminal gangs; and (2) include as Travel Act predicate crimes burglary in excess of $10,000, drive-by shootings, certain violent assaults, and witness intimidation.

Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement for recruiting or soliciting persons to cross State lines to be or to remain criminal gang members.

(Sec. 205) Prohibits and sets penalties for recruiting or soliciting persons to be or to remain as a member of a criminal gang.

(Sec. 206) Makes: (1) crimes involving the recruitment of members into a criminal gang, or the commission of certain firearms offenses in furtherance of a serious violent felony or serious drug offense, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act (RICO); and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.

Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. Specifies that no mandatory minimum sentence shall apply to a juvenile who is under age 14.

(Sec. 208) James Guelff Body Armor Act of 1997 - Directs the Commission to amend the sentencing guidelines to increase the offense level by not less than two levels for any offense in which the defendant used body armor.

(Sec. 209) Exempts from Federal wiretap provisions the interception of communications made by or to inmates in Federal or State prisons and jails. Directs the Attorney General to promulgate regulations governing such interceptions to protect privileged communications and the right to counsel.

(Sec. 210) Authorizes the Attorney General to: (1) designate "high intensity interstate gang activity areas"; (2) facilitate the establishment of a regional task force of Federal, State, and local law enforcement authorities for the coordinated investigation and prosecution of criminal activities of gangs in such areas; and (3) direct the detailing from a Federal department or agency of personnel to such areas. Authorizes appropriations. Sets forth allocation formulas.

(Sec. 211) Increases penalties: (1) under RICO for gang and violent crimes; and (2) for using physical force to tamper with witnesses, victims, or informants.

(Sec. 213) Amends the code to authorize the use of a clone pager (defined as a numeric display device that receives communications intended for another numeric display paging device). Directs the court to enter an ex parte order authorizing the installation and use of a clone pager for which the service provider is subject to the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.

Authorizes a Federal court, upon the request of any attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager, to order a provider of a paging service or other person to furnish all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided.

Title III: Juvenile Crime Control and Accountability - Amends and reauthorizes the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA). Renames the Office of Juvenile Justice and Delinquency Prevention (OJJDP) as the Office of Juvenile Crime Control and Accountability. Directs the Administrator of such Office to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system.

Sets forth provisions regarding: (1) plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements; and (2) joint funding where the Administrator finds a program or activity to be exceptionally effective or for which the Administrator finds exceptional need.

(Sec. 303) Directs the Administrator to make incentive block grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for, and ensure accountability by, juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency.

Authorizes the use of grants for various activities, including: (1) programs that require juvenile offenders to make restitution to victims, to attend and successfully complete school or vocational training as part of a court-imposed sentence, and to pay child support (if they are parents); (2) programs designed to collect, record, retain, and disseminate information useful in the identification, prosecution, and sentencing of juvenile offenders, such as criminal history information, fingerprints, DNA tests, and ballistics tests; (3) juvenile crime control and prevention programs; (4) the construction or remodeling of short- and long-term facilities for juvenile offenders; and (5) programs to target, curb, and punish adults who use juveniles during the commission of a crime.

Conditions the receipt of such grants on a State making reasonable efforts, as certified by the Governor, to ensure that by July 1, 2000: (1) a juvenile age 14 and older may be prosecuted under State law as an adult for an act that would be a serious violent felony if committed by an adult; (2) the State has established graduated sanctions for juvenile offenders, including sanctions for violations of terms of release; (3) the State (with an exception for certain low-crime States) imposes certain requirements regarding the fingerprinting and photographing of juveniles and recordkeeping; (4) the State will not detain or confine any juvenile alleged or determined to be delinquent in any institution in which the juvenile has prohibited physical contact with adult inmates, or in any institution, for longer than 72 hours, in which an adult inmate and a juvenile can engage in sustained oral communication; (5) the State has established local advisory groups; (6) the State has an established policy of drug testing juvenile offenders upon arrest for certain categories of offenses designated by the State's chief executive officer; and (7) amounts made available shall be used to increase, not supplant, funds available from a State or local source or from the Bureau of Indian Affairs in the case of Indian tribal governments.

Sets forth provisions regarding grant allocation and distribution formulas (earmarks specified percentages for juvenile detention facility construction and remodeling, juvenile record collection and dissemination, and drug testing), funding priorities, and grant renewal. Limits administrative costs.

Prohibits: (1) the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances; and (2) the use of grant funds for biomedical or behavior control experimentation on individuals or research involving such experimentation, private agency use of amounts in construction, job training, specified lobbying activities, and specified legal action.

Sets penalties for violating prohibitions under this title. Authorizes appropriations for the block grant program for FY 1998 though 2002 and specifies fund allocations. Authorizes appropriations to the National Institute of Juvenile Justice and Delinquency Prevention (NIJJDP) for research, demonstration, and evaluation. Makes available system support and grants to Indian tribes, subject to specified requirements.

(Sec. 304) Reauthorizes the State formula grant program under JJDPA. Modifies provisions regarding conditions on the States' receipt of grant funds to direct that specified percentages of such funds be used for listed uses, such as programs designed to implement an accountability-based juvenile justice system that provides substantial and appropriate, graduated sanctions, community-based alternatives to incarceration, and programs designed to prevent and reduce hate crimes committed by juveniles. Bars the State from confining juveniles in any institution in which the juvenile has prohibited physical contact with adult inmates, or for more than 72 hours in any institution in which an adult inmate and a juvenile can engage in sustained oral communication. Requires testing of persons convicted of sexual acts or contact involving persons under age 18 for the presence of sexually transmitted diseases, with test results provided to the victim or the victim's family as well as to any court or other government agency with primary authority for sentencing.

Sets forth requirements regarding the State Advisory Group (the State agency designated to approve the State plan and any modification thereof prior to submission of the plan to the Administrator).

Reauthorizes NIJJDP. Directs NIJJDP to make grants and enter into contracts to evaluate programs established and funded with State formula grants, research and demonstration projects, and discretionary funding of the Office.

Directs NIJJDP to: (1) study the effect of incarceration on status offenders compared to similarly situated individuals who are not placed in secure detention in terms of the continuation of their inappropriate or illegal conduct, delinquency, or future criminal behavior; (2) evaluate the safety of status offenders placed in secure detention; and (3) report to specified congressional officials.

(Sec. 305) Amends the JJDPA to authorize the Administrator to make grants to States and units of local government to assist State and local: (1) prosecutors having jurisdiction over juvenile offender cases; and (2) courts with juvenile offender dockets. Sets forth provisions regarding grant allocation and technical assistance.

(Sec. 306) Reauthorizes through FY 2002: (1) the Runaway and Homeless Youth program; and (2) the Missing and Exploited Children program. Modifies the latter to: (1) require the Administrator to make grants to or enter into contracts with the National Center for Missing and Exploited Children to establish and operate a national 24- hour toll-free telephone line; and (2) include among its purposes to provide foreign governments with information regarding missing children.

(Sec. 308) Transfers functions and allocates appropriations and personnel from OJJDP to the Office.

(Sec. 309) Directs the Attorney General to establish a pilot program to encourage and support communities who adopt a comprehensive approach to suppressing and preventing violent juvenile crime patterned after successful State juvenile crime reduction strategies. Sets forth reporting requirements. Authorizes appropriations.

(Sec. 310) Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) concerning the Model Intensive Grant Program, the Ounce of Prevention Council, the Local Partnership Act, the National Community Economic Partnership, the Urban Recreation and At-Risk Youth Program, and the Family Unity Demonstration Project, and the Presidential Summit on Violence and the National Commission on Crime Prevention and Control.

Revises provisions regarding gang resistance education and training projects, including criteria for selection of communities. Increases the percentage of assistance allocated to State and local law enforcement and prevention organizations and reduces funding for the Bureau of Alcohol, Tobacco and Firearms.

(Sec. 311) Extends the Violent Crime Reduction Trust Fund to fund programs authorized by this Act through FY 2002.

(Sec. 312) Amends: (1) the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for costs of incarcerating juvenile aliens; and (2) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Attorney General's annual report on criminal aliens to include information on the number of illegal juvenile aliens that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.

Title IV: Boys and Girls Clubs - Amends the Economic Espionage Act of 1996 to require the Attorney General, acting through the Director of the Bureau of Justice Assistance (BJA) to make grants to the Boys and Girls Clubs of America (BGCA) for FY 1997 through 2001 to establish and extend facilities, with particular emphasis on establishing clubs in, and extending services to, public housing projects and distressed areas.

Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established or in which existing facilities will be expanded during the next fiscal year and a plan to ensure that there are a total of not less than 2,500 BGCA facilities in operation before January 1, 2000; (2) certifies that BGCA will ensure appropriate coordination between existing and new clubs; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role model speaking tour program.

Directs the Attorney General, upon receipt of an application that meets specified requirements, to make a grant to BGCA to fund the establishment of not fewer than three flagship clubs to be located in economically distressed areas. Authorizes appropriations.

Title V: Miscellaneous - Subtitle A: General Provisions - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of "unit of local government" to include any law enforcement or judicial enforcement district that is established under applicable State law and has the authority, in a manner independent of other State entities, to establish a budget and impose taxes.

(Sec. 502) Amends the code to eliminate a requirement that the prosecution provide that the defendant intended to cause death or serious bodily harm to convict such defendant of carjacking.

(Sec. 503) Requires federally licensed firearms dealers to have available for sale various devices, including safety locks, safes, and lock boxes, designed to enhance the safe storage and handling of firearms. Authorizes the Secretary the revoke a dealer's license for failure to have such devices available. Bars holding firearms dealers and owners civilly liable for failure to have or use such safety devices.

(Sec. 504) Authorizes the BJA Director to make discretionary grants under the drug control and system improvement (Byrne) program for educational and training programs regarding the safe storage, carrying, and use of firearms.

(Sec. 505) Subjects a person who conspires to commit a Federal firearms offense to the same penalties (other than the death penalty) as those prescribed for the offense the commission of which is the object of the conspiracy.

(Sec. 506) Increases penalties for: (1) recordkeeping violations of Federal firearms licensees with respect to unlawful firearms purchases or deliveries; and (2) knowingly receiving firearms with obliterated serial numbers.

(Sec. 508) Directs the Commission to amend the sentencing guidelines to increase the base offense level for offenses regarding the unlawful receipt, possession, or transportation of firearms and prohibited transactions involving firearms or ammunition to assure that a person who transferred a firearm and who knew that the transferee was a prohibited person is subject to the same base offense level as the transferee.

(Sec. 509) Directs the court, in imposing a sentence on anyone convicted of: (1) a crime of violence or a Federal felony, to order such person to forfeit to the United States any firearm used or intended to be used; and (2) a gun trafficking offense or conspiracy to commit such offense, to order the person to forfeit to the United States any conveyance used or intended to be used to commit such offense, and any property traceable to such conveyance.

(Sec. 511) Sets penalties for: (1) using prison inmate labor or workers registered pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act for data processing of personal information; and (2) using or distributing certain personal information to abuse or harm a child.

(Sec. 512) Amends the VCCLEA's truth-in-sentencing incentive grant program to direct that each eligible State receive .75 percent of the total funding, with remaining funds allocated to each eligible State based on the State's reported violent crime rates.

(Sec. 513) Prohibits and sets penalties for the use in false advertising or the misuse of the name, likeness, and symbols of the United States Marshals Service.

(Sec. 514) Extends until October 1, 1999, authority under the Antiterrorism and Effective Death Penalty Act of 1996 for victim compensation.

(Sec. 515) Permits States to use residential substance abuse treatment grants to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates under specified circumstances.

(Sec. 516) Amends code provisions regarding failure to pay legal child support obligations to establish penalties for: (1) willfully failing to pay a support obligation regarding a child who resides in another State if such obligation has remained unpaid for longer than one year or in an amount greater than $5,000, and for longer than two years or in an amount greater than $10,000; and (2) traveling in interstate or foreign commerce with intent to evade a support obligation, if such obligation has remained unpaid for a period longer than one year, or in an amount greater than $5,000. Sets forth provisions regarding presumptions of ability to pay and mandatory restitution.

(Sec. 517) Amends: (1) the Hate Crimes Statistics Act to direct the Attorney General, beginning with the acquisition of data for calendar year 1998, to include data regarding the age of offenders who have committed crimes under the Act; (2) the code to eliminate the statute of limitations for a Class A felony involving murder, to set a ten-year statute of limitations for prosecution, trial, or punishment for a Class A felony that is a crime of violence or drug trafficking crime, and to set penalties for the use of minors in crimes of violence; and (3) the Controlled Substances Act to increase penalties for distributing drugs to minors, drug trafficking in or near a school or other protected location, using minors to distribute drugs, and using Federal property to grow or manufacture controlled substances.

(Sec. 519) Requires the BJA Director to give priority for discretionary grants for law enforcement initiatives relating to gangs or to juveniles who are involved or at risk of involvement in gangs to the public agencies that include in their applications descriptions of strategies or programs that provide cooperation between Federal, State, and local law enforcement authorities, through the use of firearms and ballistics identification systems, to disrupt the illegal sale or transfer of firearms to or between juveniles through tracing the source of guns used in crime that were provided to juveniles.

(Sec. 525) Replaces the Gun-Free Schools Act of 1994 with the Safe Schools Act of 1997 (the Act) under which each State receiving Federal funds shall have in effect a State law requiring local educational agencies to expel from school for specified periods students determined to be in possession of illegal drugs, drug paraphernalia, or weapons, or to have used or possessed tobacco products or alcoholic beverages, on school property, with an exception for students served under the Individuals with Disabilities Education Act. Sets forth reporting requirements.

Prohibits making funds available under the Act to any local educational agency that does not have a policy requiring referral to the criminal justice or juvenile delinquency system of any student who is in possession of an illegal drug or illegal drug paraphernalia on specified school property.

Directs the Secretary to: (1) disseminate widely and report to the Congress on the current policy of the Department of Education regarding disciplining children with disabilities; and (2) collect data on the incidence of such children possessing illegal drugs or drug paraphernalia or regularly using or possessing tobacco products or alcoholic beverages on school property.

(Sec. 526) Amends the Act to substitute the term "dangerous weapon" for "weapon" and "firearm or weapon" and to define "dangerous weapon" so that it does not include any such weapon possessed as part of a course or curriculum approved pursuant to State or local laws.

Subtitle B: Child Exploitation Sentencing Enhancement - Child Exploitation Sentencing Enhancement Act of 1997 - Directs the Sentencing Commission to revise the sentencing guidelines to increase penalties for: (1) the use of a computer in child sexual abuse or exploitation; (2) knowing misrepresentation in such abuse or exploitation; and (3) a pattern of activity of such abuse or exploitation.

(Sec. 536) Amends the code to increase penalties for repeat offenders. Increases maximum penalties for transportation for purposes of illegal sexual activity and related crimes. Directs the Commission to revise the sentencing guidelines to take into account such increases and to clarify that the term "distribution of pornography" applies to such distribution for monetary remuneration or for a nonpecuniary interest.

(Sec. 539) Authorizes appropriations to the Department of Justice for FY 1998 through 2001 for the procurement of qualified guardians ad litem for children who are the victims of, or witnesses to, a crime involving abuse or exploitation.