II

107TH CONGRESS

1ST SESSION S. 1165

To prevent juvenile crime, promote accountability by and rehabilitation of

juvenile criminals, punish and deter violent gang crime, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 11, 2001

Mr. BIDEN (for himself, Mr. KOHL, and Mr. REED) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prevent juvenile crime, promote accountability by and

rehabilitation of juvenile criminals, punish and deter violent gang crime, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Juvenile Crime Prevention and Control Act of 2001’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—JUVENILE CRIME PREVENTION AND CONTROL

Sec. 101. Findings; declaration of purpose; definitions.
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Sec. 102. Juvenile crime control and prevention.

Sec. 103. Juvenile offender accountability.

Sec. 104. Extension of violent crime reduction trust fund.

TITLE II—PROTECTING CHILDREN FROM VIOLENCE

Subtitle A—Gun Show Background Checks

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Extension of brady background checks to gun shows.

Subtitle B—Gun Ban for Dangerous Juvenile Offenders

Sec. 211. Permanent prohibition on firearms transfers to or possession by dangerous juvenile offenders.

Subtitle C—Child Safety Locks

Sec. 221. Short title.

Sec. 222. Requirement of child handgun safety locks.

Sec. 223. Amendment of consumer product safety act.

1 TITLE I—JUVENILE CRIME

2 PREVENTION AND CONTROL

3 SEC. 101. FINDINGS; DECLARATION OF PURPOSE; DEFINI4 TIONS.

5 Title I of the Juvenile Justice and Delinquency Pre6 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

7 to read as follows:

8 ‘‘TITLE I—FINDINGS AND

9 DECLARATION OF PURPOSE

10 ‘‘SEC. 101. FINDINGS.

11 ‘‘Congress finds that—

12 ‘‘(1) the juvenile crime problem should be ad13 dressed through a 2-track common sense approach

14 that addresses the needs of individual juveniles and

15 society at large by promoting—

16 ‘‘(A) quality prevention programs that—
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1 ‘‘(i) work with juveniles, their fami2 lies, local public agencies, and community3 based organizations, and take into consid4 eration such factors as whether juveniles

5 have ever been the victims of family vio6 lence (including child abuse and neglect);

7 and

8 ‘‘(ii) are designed to reduce risks and

9 develop competencies in at-risk juveniles

10 that will prevent, and reduce the rate of,

11 violent delinquent behavior; and

12 ‘‘(B) programs that assist in holding juve13 niles accountable for their actions, including a

14 system of graduated sanctions to respond to

15 each delinquent act, requiring juveniles to make

16 restitution, or perform community service, for

17 the damage caused by their delinquent acts,

18 and methods for increasing victim satisfaction

19 with respect to the penalties imposed on juve20 niles for their acts; and

21 ‘‘(2) action is required now to reform the Fed22 eral juvenile justice program by focusing on juvenile

23 delinquency prevention programs, as well as pro24 grams that hold juveniles accountable for their acts.
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1 ‘‘SEC. 102. PURPOSES.

2 ‘‘The purposes of this Act are—

3 ‘‘(1) to support State and local programs that

4 prevent juvenile involvement in delinquent behavior;

5 ‘‘(2) to assist State and local governments in

6 promoting public safety by encouraging account7 ability for acts of juvenile delinquency; and

8 ‘‘(3) to assist State and local governments in

9 addressing juvenile crime through the provision of

10 technical assistance, research, training, evaluation,

11 and the dissemination of information on effective

12 programs for combating juvenile delinquency.

13 ‘‘SEC. 103. DEFINITIONS.

14 ‘‘In this Act:

15 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis16 trator’ means the Administrator of the Office of Ju17 venile Crime Control and Prevention, appointed in

18 accordance with section 201.

19 ‘‘(2) ADULT INMATE.—The term ‘adult inmate’

20 means an individual who—

21 ‘‘(A) has reached the age of full criminal

22 responsibility under applicable State law; and

23 ‘‘(B) has been arrested and is in custody

24 for, awaiting trial on, or convicted of criminal

25 charges.
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1 ‘‘(3) BUREAU OF JUSTICE ASSISTANCE.—The

2 term ‘Bureau of Justice Assistance’ means the bu3 reau established by section 401 of title I of the Om4 nibus Crime Control and Safe Streets Act of 1968

5 (42 U.S.C. 3741).

6 ‘‘(4) BUREAU OF JUSTICE STATISTICS.—The

7 term ‘Bureau of Justice Statistics’ means the bu8 reau established by section 302(a) of title I of the

9 Omnibus Crime Control and Safe Streets Act of

10 1968 (42 U.S.C. 3732(a)).

11 ‘‘(5) COLLOCATED FACILITIES.—The term ‘col12 located facilities’ means facilities that are located in

13 the same building, or are part of a related complex

14 of buildings located on the same grounds.

15 ‘‘(6) COMBINATION.—The term ‘combination’

16 as applied to States or units of local government

17 means any grouping or joining together of States or

18 units of local government for the purpose of pre19 paring, developing, or implementing a juvenile crime

20 control and delinquency prevention plan.

21 ‘‘(7) COMMUNITY-BASED.—The term ‘commu22 nity-based’ facility, program, or service means a

23 small, open group home or other suitable place lo24 cated near the home or family of the juvenile and

25 programs of community supervision and service that
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1 maintain community and consumer participation in

2 the planning, operation, and evaluation of those pro3 grams which may include, medical, educational, vo4 cational, social, and psychological guidance, training,

5 special education, counseling, alcoholism treatment,

6 drug treatment, and other rehabilitative services.

7 ‘‘(8) COMPREHENSIVE AND COORDINATED SYS8 TEM OF SERVICES.—The term ‘comprehensive and

9 coordinated system of services’ means a system

10 that—

11 ‘‘(A) ensures that services and funding for

12 the prevention and treatment of juvenile delin13 quency are consistent with policy goals of pre14 serving families and providing appropriate serv15 ices in the least restrictive environment so as to

16 simultaneously protect juveniles and maintain

17 public safety;

18 ‘‘(B) identifies, and intervenes early for

19 the benefit of, young children who are at risk

20 of developing emotional or behavioral problems

21 because of physical or mental stress or abuse,

22 and for the benefit of their families;

23 ‘‘(C) increases interagency collaboration

24 and family involvement in the prevention and

25 treatment of juvenile delinquency; and
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1 ‘‘(D) encourages private and public part2 nerships in the delivery of services for the pre3 vention and treatment of juvenile delinquency.

4 ‘‘(9) CONSTRUCTION.—The term ‘construction’

5 means erection of new buildings or acquisition, ex6 pansion, remodeling, and alteration of existing build7 ings, and initial equipment of any such buildings, or

8 any combination of such activities (including archi9 tects’ fees but not the cost of acquisition of land for

10 buildings).

11 ‘‘(10) FEDERAL JUVENILE CRIME CONTROL,

12 PREVENTION, AND JUVENILE OFFENDER ACCOUNT13 ABILITY PROGRAM.—The term ‘Federal juvenile

14 crime control, prevention, and juvenile offender ac15 countability program’ means any Federal program a

16 primary objective of which is the prevention of juve17 nile crime or reduction of the incidence of arrest, the

18 commission of criminal acts or acts of delinquency,

19 violence, the use of alcohol or illegal drugs, or the

20 involvement in gangs among juveniles.

21 ‘‘(11) GENDER-SPECIFIC SERVICES.—The term

22 ‘gender-specific services’ means services designed to

23 address needs unique to the gender of the individual

24 to whom such services are provided.
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1 ‘‘(12) GRADUATED SANCTIONS.—The term

2 ‘graduated sanctions’ means an accountability-based

3 juvenile justice system that protects the public, and

4 holds juvenile delinquents accountable for acts of de5 linquency by providing substantial and appropriate

6 sanctions that are graduated in such a manner as to

7 reflect (for each act of delinquency or offense) the

8 severity or repeated nature of that act or offense,

9 and in which there is sufficient flexibility to allow for

10 individualized sanctions and services suited to the

11 individual juvenile offender.

12 ‘‘(13) HOME-BASED ALTERNATIVE SERVICES.—

13 The term ‘home-based alternative services’ means

14 services provided to a juvenile in the home of the ju15 venile as an alternative to incarcerating the juvenile,

16 and includes home detention.

17 ‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’

18 means any Indian tribe, band, nation, or other orga19 nized group or community, including any Alaska Na20 tive village or regional or village corporation as de21 fined in or established pursuant to the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

23 that is recognized as eligible for the special pro24 grams and services provided by the United States to

25 Indians because of their status as Indians.
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1 ‘‘(15) JUVENILE.—The term ‘juvenile’ means a

2 person who has not attained the age of 18 years and

3 who is subject to delinquency proceedings under ap4 plicable State law.

5 ‘‘(16) JUVENILE POPULATION.—The term ‘ju6 venile population’ means the population of a State

7 under 18 years of age.

8 ‘‘(17) JAIL OR LOCKUP FOR ADULTS.—The

9 term ‘jail or lockup for adults’ means a locked facil10 ity that is used by a State, unit of local government,

11 or any law enforcement authority to detain or con12 fine adults—

13 ‘‘(A) pending the filing of a charge of vio14 lating a criminal law;

15 ‘‘(B) who are awaiting trial on a criminal

16 charge; or

17 ‘‘(C) who are convicted of violating a

18 criminal law.

19 ‘‘(18) JUVENILE DELINQUENCY PROGRAM.—

20 The term ‘juvenile delinquency program’ means any

21 program or activity related to juvenile delinquency

22 prevention, control, diversion, treatment, rehabilita23 tion, planning, education, training, and research,

24 including—

25 ‘‘(A) drug and alcohol abuse programs;
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1 ‘‘(B) any program or activity that is de2 signed to improve the juvenile justice system;

3 and

4 ‘‘(C) any program or activity that is de5 signed to reduce known risk factors for juvenile

6 delinquent behavior, by providing activities that

7 build on protective factors for, and develop com8 petencies in, juveniles to prevent and reduce the

9 rate of juvenile delinquent behavior.

10 ‘‘(19) LAW ENFORCEMENT AND CRIMINAL JUS11 TICE.—The term ‘law enforcement and criminal jus12 tice’ means any activity pertaining to crime preven13 tion, control, or reduction or the enforcement of the

14 criminal law, including police efforts to prevent, con15 trol, or reduce crime or to apprehend criminals, ac16 tivities of courts having criminal jurisdiction and re17 lated agencies (including prosecutorial and defender

18 services), activities of corrections, probation, or pa19 role authorities, and programs relating to the pre20 vention, control, or reduction of juvenile delinquency

21 or narcotic addiction.

22 ‘‘(20) NATIONAL INSTITUTE OF JUSTICE.—The

23 term ‘National Institute of Justice’ means the insti24 tute established by section 201 of title I of the Om-
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1 nibus Crime Control and Safe Streets Act of 1968

2 (42 U.S.C. 3721).

3 ‘‘(21) NONPROFIT ORGANIZATION.—The term

4 ‘nonprofit organization’ means an organization de5 scribed in section 501(c)(3) of the Internal Revenue

6 Code of 1986 that is exempt from taxation under

7 section 501(a) of the Internal Revenue Code of

8 1986.

9 ‘‘(22) OFFICE.—The term ‘Office’ means the

10 Office of Juvenile Crime Control and Prevention es11 tablished under section 201.

12 ‘‘(23) OFFICE OF JUSTICE PROGRAMS.—The

13 term ‘Office of Justice Programs’ means the office

14 established by section 101 of title I of the Omnibus

15 Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3711).

17 ‘‘(24) OUTCOME OBJECTIVE.—The term ‘out18 come objective’ means an objective that relates to

19 the impact of a program or initiative, that measures

20 the reduction of high risk behaviors, such as inci21 dence of arrest, the commission of criminal acts or

22 acts of delinquency, failure in school, violence, the

23 use of alcohol or illegal drugs, involvement in youth

24 gangs, violent and unlawful acts of animal cruelty,
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1 and teenage pregnancy, among youth in the commu2 nity.

3 ‘‘(25) PROCESS OBJECTIVE.—The term ‘process

4 objective’ means an objective that relates to the

5 manner in which a program or initiative is carried

6 out, including—

7 ‘‘(A) an objective relating to the degree to

8 which the program or initiative is reaching the

9 target population; and

10 ‘‘(B) an objective relating to the degree to

11 which the program or initiative addresses

12 known risk factors for youth problem behaviors

13 and incorporates activities that inhibit the be14 haviors and that build on protective factors for

15 youth.

16 ‘‘(26) PROHIBITED PHYSICAL CONTACT.—The

17 term ‘prohibited physical contact’ means—

18 ‘‘(A) any physical contact between a juve19 nile and an adult inmate; and

20 ‘‘(B) proximity that provides an oppor21 tunity for physical contact between a juvenile

22 and an adult inmate.

23 ‘‘(27) RELATED COMPLEX OF BUILDINGS.—The

24 term ‘related complex of buildings’ means 2 or more

25 buildings that share—
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1 ‘‘(A) physical features, such as walls and

2 fences, or services beyond mechanical services

3 (heating, air conditioning, water and sewer); or

4 ‘‘(B) the specialized services that are al5 lowable under section 31.303(e)(3)(i)(C)(3) of

6 title 28, Code of Federal Regulations, as in ef7 fect on December 10, 1996.

8 ‘‘(28) SECURE CORRECTIONAL FACILITY.—The

9 term ‘secure correctional facility’ means any public

10 or private residential facility that—

11 ‘‘(A) includes construction fixtures de12 signed to physically restrict the movements and

13 activities of juveniles or other individuals held

14 in lawful custody in such facility; and

15 ‘‘(B) is used for the placement, after adju16 dication and disposition, of any juvenile who

17 has been adjudicated as having committed an

18 offense or any other individual convicted of a

19 criminal offense.

20 ‘‘(29) SECURE DETENTION FACILITY.—The

21 term ‘secure detention facility’ means any public or

22 private residential facility that—

23 ‘‘(A) includes construction fixtures de24 signed to physically restrict the movements and
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1 activities of juveniles or other individuals held

2 in lawful custody in such facility; and

3 ‘‘(B) is used for the temporary placement

4 of any juvenile who is accused of having com5 mitted an offense or of any other individual ac6 cused of having committed a criminal offense.

7 ‘‘(30) SERIOUS CRIME.—The term ‘serious

8 crime’ means criminal homicide, rape or other sex

9 offenses punishable as a felony, mayhem, kidnap10 ping, aggravated assault, drug trafficking, robbery,

11 larceny or theft punishable as a felony, motor vehicle

12 theft, burglary or breaking and entering, extortion

13 accompanied by threats of violence, and arson pun14 ishable as a felony.

15 ‘‘(31) STATE.—The term ‘State’ means each of

16 the several States of the United States, the District

17 of Columbia, the Commonwealth of Puerto Rico, the

18 Virgin Islands, Guam, American Samoa, and the

19 Commonwealth of the Northern Mariana Islands.

20 ‘‘(32) STATE OFFICE.—The term ‘State office’

21 means an office designated by the chief executive of22 ficer of a State to carry out this title, as provided

23 in section 507 of the Omnibus Crime Control and

24 Safe Streets Act of 1968 (42 U.S.C. 3757).
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1 ‘‘(33) SUSTAINED ORAL AND VISUAL CON2 TACT.—The term ‘sustained oral and visual contact’

3 means the imparting or interchange of speech by or

4 between an adult inmate and a juvenile, or clear vis5 ual contact between an adult inmate and a juvenile

6 in close proximity.

7 ‘‘(34) TREATMENT.—The term ‘treatment’ in8 cludes medical and other rehabilitative services de9 signed to protect the public, including any services

10 designed to benefit addicts and other users by—

11 ‘‘(A) eliminating their dependence on alco12 hol or other addictive or nonaddictive drugs; or

13 ‘‘(B) controlling or reducing their depend14 ence and susceptibility to addiction or use.

15 ‘‘(35) UNIT OF LOCAL GOVERNMENT.—The

16 term ‘unit of local government’ means—

17 ‘‘(A) any city, county, township, town, bor18 ough, parish, village, or other general purpose

19 political subdivision of a State;

20 ‘‘(B) any law enforcement district or judi21 cial enforcement district that—

22 ‘‘(i) is established under applicable

23 State law; and
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1 ‘‘(ii) has the authority to, in a manner

2 independent of other State entities, estab3 lish a budget and raise revenues;

4 ‘‘(C) an Indian tribe that performs law en5 forcement functions, as determined by the Sec6 retary of the Interior; or

7 ‘‘(D) for the purposes of assistance eligi8 bility, any agency of the government of the Dis9 trict of Columbia or the Federal Government

10 that performs law enforcement functions in and

11 for—

12 ‘‘(i) the District of Columbia; or

13 ‘‘(ii) any Trust Territory of the

14 United States.

15 ‘‘(36) VALID COURT ORDER.—The term ‘valid

16 court order’ means a court order given by a juvenile

17 court judge to a juvenile—

18 ‘‘(A) who was brought before the court and

19 made subject to the order; and

20 ‘‘(B) who received, before the issuance of

21 the order, the full due process rights guaran22 teed to that juvenile by the Constitution of the

23 United States.

24 ‘‘(37) VIOLENT CRIME.—The term ‘violent

25 crime’ means—
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1 ‘‘(A) murder or nonnegligent man2 slaughter, forcible rape, or robbery; and

3 ‘‘(B) aggravated assault committed with

4 the use of a firearm.

5 ‘‘(38) YOUTH.—The term ‘youth’ means an in6 dividual who is not less than 6 years of age and not

7 more than 17 years of age.’’.

8 SEC. 102. JUVENILE CRIME CONTROL AND PREVENTION.

9 (a) IN GENERAL.—Title II of the Juvenile Justice

10 and Delinquency Prevention Act of 1974 (42 U.S.C. 5611

11 et seq.) is amended to read as follows:

12 ‘‘TITLE II—JUVENILE CRIME

13 PREVENTION AND CONTROL

14 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL

15 AND PREVENTION

16 ‘‘SEC. 201. ESTABLISHMENT OF OFFICE.

17 ‘‘(a) IN GENERAL.—There is established in the De18 partment of Justice, under the general authority of the

19 Attorney General, an Office of Juvenile Crime Control and

20 Prevention.

21 ‘‘(b) ADMINISTRATOR.—

22 ‘‘(1) IN GENERAL.—The Office shall be headed

23 by an Administrator, who shall be appointed by the

24 President, by and with the advice and consent of the

25 Senate, from among individuals who have had expe-
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1 rience in juvenile delinquency prevention and crime

2 control programs.

3 ‘‘(2) REGULATIONS.—The Administrator may

4 prescribe regulations consistent with this Act to

5 award, administer, modify, extend, terminate, mon6 itor, evaluate, reject, or deny all grants and con7 tracts from, and applications for, amounts made

8 available under this title.

9 ‘‘(3) RELATIONSHIP TO ATTORNEY GENERAL.—

10 The Administrator shall have the same reporting re11 lationship with the Attorney General as the directors

12 of other offices and bureaus within the Office of

13 Justice Programs have with the Attorney General.

14 ‘‘(c) DEPUTY ADMINISTRATOR.—There shall be in

15 the Office a Deputy Administrator, who shall—

16 ‘‘(1) be appointed by the Attorney General; and

17 ‘‘(2) perform such functions as the Adminis18 trator may assign or delegate and shall act as the

19 Administrator during the absence or disability of the

20 Administrator.

21 ‘‘(d) ASSOCIATE ADMINISTRATOR.—

22 ‘‘(1) IN GENERAL.—There shall be in the Office

23 an Associate Administrator, who shall be appointed

24 by the Administrator, and whose position shall be

25 treated as a career reserved position within the
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1 meaning of section 3132 of title 5, United States

2 Code.

3 ‘‘(2) DUTIES.—The duties of the Associate Ad4 ministrator shall include informing Congress, other

5 Federal agencies, outside organizations, and State

6 and local government officials about activities car7 ried out by the Office.

8 ‘‘(e) DELEGATION AND ASSIGNMENT.—

9 ‘‘(1) IN GENERAL.—Except as otherwise ex10 pressly prohibited by law or otherwise provided by

11 this title, the Administrator may—

12 ‘‘(A) delegate any of the functions of the

13 Administrator, and any function transferred or

14 granted to the Administrator after the date of

15 enactment of the Juvenile Crime Prevention

16 and Control Act of 2001, to such officers and

17 employees of the Office as the Administrator

18 may designate; and

19 ‘‘(B) authorize successive redelegations of

20 such functions as may be necessary or appro21 priate.

22 ‘‘(2) RESPONSIBILITY.—No delegation of func23 tions by the Administrator under this subsection or

24 under any other provision of this title shall relieve
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1 the Administrator of responsibility for the adminis2 tration of such functions.

3 ‘‘(f) REORGANIZATION.—The Administrator may al4 locate or reallocate any function transferred among the

5 officers of the Office, and establish, consolidate, alter, or

6 discontinue such organizational entities in that Office as

7 may be necessary or appropriate.

8 ‘‘SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS,

9 AND CONSULTANTS.

10 ‘‘(a) IN GENERAL.—The Administrator may select,

11 employ, and fix the compensation of officers and employ12 ees, including attorneys, who are necessary to perform the

13 functions vested in the Administrator and to prescribe the

14 functions of those officers and employees.

15 ‘‘(b) OFFICERS.—The Administrator may select, ap16 point, and employ not to exceed 4 officers and to fix the

17 compensation of those officers at rates not to exceed the

18 maximum rate payable under section 5376 of title 5,

19 United States Code.

20 ‘‘(c) DETAIL OF FEDERAL PERSONNEL.—Upon the

21 request of the Administrator, the head of any Federal

22 agency may detail, on a reimbursable basis, any of its per23 sonnel to the Administrator to assist the Administrator

24 in carrying out the functions of the Administrator under

25 this title.
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1 ‘‘(d) SERVICES.—The Administrator may obtain

2 services as authorized by section 3109 of title 5, United

3 States Code, at rates not to exceed the rate now or here4 after payable under section 5376 of title 5, United States

5 Code.

6 ‘‘SEC. 203. NATIONAL PROGRAM.

7 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL, PRE8 VENTION, AND JUVENILE OFFENDER ACCOUNTABILITY

9 PLAN.—

10 ‘‘(1) IN GENERAL.—Subject to the general au11 thority of the Attorney General, the Administrator

12 shall develop objectives, priorities, and short- and

13 long-term plans, and shall implement overall policy

14 and a strategy to carry out those plans, for all Fed15 eral juvenile crime control, prevention, and juvenile

16 offender accountability programs and activities relat17 ing to improving juvenile crime control, the rehabili18 tation of juvenile offenders, the prevention of juve19 nile crime, and the enhancement of accountability by

20 offenders within the juvenile justice system in the

21 United States.

22 ‘‘(2) CONTENTS OF PLANS.—

23 ‘‘(A) IN GENERAL.—Each plan described

24 in paragraph (1) shall—
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1 ‘‘(i) contain specific, measurable goals

2 and criteria for reducing the incidence of

3 crime and delinquency among juveniles,

4 improving juvenile crime control, and en5 suring accountability by offenders within

6 the juvenile justice system in the United

7 States, and shall include criteria for any

8 discretionary grants and contracts, for con9 ducting research, and for carrying out

10 other activities under this title;

11 ‘‘(ii) provide for coordinating the ad12 ministration of programs and activities

13 under this title with the administration of

14 all other Federal juvenile crime control,

15 prevention, and juvenile offender account16 ability programs and activities, including

17 proposals for joint funding to be coordi18 nated by the Administrator;

19 ‘‘(iii) provide a detailed summary and

20 analysis of the most recent data available

21 regarding the number of juveniles taken

22 into custody, the rate at which juveniles

23 are taken into custody, the time served by

24 juveniles in custody, and the trends dem25 onstrated by such data;
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1 ‘‘(iv) provide a description of the ac2 tivities for which amounts are expended

3 under this title;

4 ‘‘(v) provide specific information relat5 ing to the attainment of goals set forth in

6 the plan, including specific, measurable

7 standards for assessing progress toward

8 national juvenile crime reduction and juve9 nile offender accountability goals; and

10 ‘‘(vi) provide for the coordination of

11 Federal, State, and local initiatives for the

12 reduction of youth crime, preventing delin13 quency, and ensuring accountability for ju14 venile offenders.

15 ‘‘(B) SUMMARY AND ANALYSIS.—Each

16 summary and analysis under subparagraph

17 (A)(iii) shall set out the information required by

18 clauses (i), (ii), and (iii) of this subparagraph

19 separately for juvenile nonoffenders, juvenile

20 status offenders, and other juvenile offenders,

21 and shall separately address with respect to

22 each category of juveniles specified—

23 ‘‘(i) the types of offenses with which

24 the juveniles are charged;

25 ‘‘(ii) the ages of the juveniles;
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1 ‘‘(iii) the types of facilities used to

2 hold the juveniles (including juveniles

3 treated as adults for purposes of prosecu4 tion) in custody, including secure detention

5 facilities, secure correctional facilities, jails,

6 and lockups;

7 ‘‘(iv) the length of time served by ju8 veniles in custody; and

9 ‘‘(v) the number of juveniles who died

10 or who suffered serious bodily injury while

11 in custody and the circumstances under

12 which each juvenile died or suffered that

13 injury.

14 ‘‘(C) DEFINITION OF SERIOUS BODILY IN15 JURY.—In this paragraph, the term ‘serious

16 bodily injury’ means bodily injury involving ex17 treme physical pain or the impairment of a

18 function of a bodily member, organ, or mental

19 faculty that requires medical intervention such

20 as surgery, hospitalization, or physical rehabili21 tation.

22 ‘‘(3) ANNUAL REVIEW.—The Administrator

23 shall annually—

24 ‘‘(A) review each plan submitted under this

25 subsection;
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1 ‘‘(B) revise the plans, as the Administrator

2 considers appropriate; and

3 ‘‘(C) not later than March 1 of each year,

4 present the plans to the Committee on the Ju5 diciary of the Senate and the Committee on

6 Education and the Workforce of the House of

7 Representatives.

8 ‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out

9 this title, the Administrator shall—

10 ‘‘(1) advise the President through the Attorney

11 General as to all matters relating to federally as12 sisted juvenile crime control, prevention, and juvenile

13 offender accountability programs, and Federal poli14 cies regarding juvenile crime and justice, including

15 policies relating to juveniles prosecuted or adju16 dicated in the Federal courts;

17 ‘‘(2) implement and coordinate Federal juvenile

18 crime control, prevention, and juvenile offender ac19 countability programs and activities among Federal

20 departments and agencies and between such pro21 grams and activities and other Federal programs

22 and activities that the Administrator determines

23 may have an important bearing on the success of the

24 entire national juvenile crime control, prevention,

25 and juvenile offender accountability effort including,
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1 in consultation with the Director of the Office of

2 Management and Budget listing annually those pro3 grams to be considered Federal juvenile crime con4 trol, prevention, and juvenile accountability pro5 grams for the following fiscal year;

6 ‘‘(3) serve as a single point of contact for

7 States, units of local government, and private enti8 ties for purposes of providing information relating to

9 Federal juvenile delinquency programs or for refer10 ral to other agencies or departments that operate

11 such programs;

12 ‘‘(4) provide for the auditing of grants provided

13 pursuant to this title;

14 ‘‘(5) collect, prepare, and disseminate useful

15 data regarding the prevention, correction, and con16 trol of juvenile crime and delinquency, and issue, not

17 less than once each calendar year, a report on suc18 cessful programs and juvenile crime reduction meth19 ods utilized by States, localities, and private entities;

20 ‘‘(6) ensure the performance of comprehensive

21 rigorous independent scientific evaluations, each of

22 which shall—

23 ‘‘(A) be independent in nature, and shall

24 employ rigorous and scientifically valid stand25 ards and methodologies; and
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1 ‘‘(B) include measures of outcome and

2 process objectives, such as reductions in juve3 nile crime, youth gang activity, youth substance

4 abuse, and other high risk factors, as well as in5 creases in protective factors that reduce the

6 likelihood of delinquency and criminal behavior;

7 ‘‘(7) consult with appropriate authorities in the

8 States and with appropriate private entities regard9 ing the development, review, and revision of the

10 plans required by subsection (a) and the develop11 ment of policies relating to juveniles prosecuted or

12 adjudicated in the Federal courts;

13 ‘‘(8) provide technical assistance to the States,

14 units of local government, and private entities in im15 plementing programs funded by grants under this

16 title;

17 ‘‘(9) provide technical and financial assistance

18 to an organization composed of member representa19 tives of the State advisory groups appointed under

20 section 222(b)(2) to carry out activities under this

21 paragraph, if that organization agrees to carry out

22 activities that include—

23 ‘‘(A) conducting an annual conference of

24 the member representatives for purposes relat-
28

•S 1165 IS

1 ing to the activities of the State advisory

2 groups;

3 ‘‘(B) disseminating information, data,

4 standards, advanced techniques, and programs

5 models developed through the Institute and

6 through programs funded under section 241;

7 and

8 ‘‘(C) advising the Administrator with re9 spect to particular functions or aspects of the

10 work of the Office; and

11 ‘‘(10) provide technical and financial assistance

12 to an eligible organization composed of member rep13 resentatives of the State advisory groups appointed

14 under section 222(b)(2) to assist that eligible orga15 nization in—

16 ‘‘(A) conducting an annual conference of

17 member representatives of the State advisory

18 groups for purposes relating to the activities of

19 those groups; and

20 ‘‘(B) disseminating information, data,

21 standards, advanced techniques, and program

22 models developed through the Institute and

23 through programs funded under section 241.

24 ‘‘(c) UTILIZATION OF SERVICES AND FACILITIES OF

25 OTHER AGENCIES; REIMBURSEMENT.—The Adminis-
29

•S 1165 IS

1 trator, through the general authority of the Attorney Gen2 eral, may utilize the services and facilities of any agency

3 of the Federal Government and of any other public agency

4 or institution in accordance with appropriate agreements,

5 and to pay for such services either in advance or by way

6 of reimbursement as may be agreed upon.

7 ‘‘(d) COORDINATION OF FUNCTIONS OF ADMINIS8 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV9 ICES.—All functions of the Administrator shall be coordi10 nated as appropriate with the functions of the Secretary

11 of Health and Human Services under title III.

12 ‘‘(e) ANNUAL JUVENILE DELINQUENCY DEVELOP13 MENT STATEMENTS.—

14 ‘‘(1) IN GENERAL.—Each Federal agency that

15 administers a Federal juvenile crime control, preven16 tion, and juvenile offender accountability program

17 shall annually submit to the Administrator a juvenile

18 crime control, prevention, and juvenile offender ac19 countability development statement.

20 ‘‘(2) CONTENTS.—Each development statement

21 submitted under paragraph (1) shall contain such

22 information, data, and analyses as the Administrator

23 may require and shall include an analysis of the ex24 tent to which the program of the Federal agency

25 submitting such development statement conforms
30

•S 1165 IS

1 with and furthers Federal juvenile crime control,

2 prevention, and juvenile offender accountability, pre3 vention, and treatment goals and policies.

4 ‘‘(3) REVIEW AND COMMENT.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall review and comment upon each juvenile

7 crime control, prevention, and juvenile offender

8 accountability development statement trans9 mitted to the Administrator under paragraph

10 (1).

11 ‘‘(B) INCLUSION IN OTHER DOCUMENTA12 TION.—The development statement transmitted

13 under paragraph (1), together with the com14 ments of the Administrator under subparagraph

15 (A), shall be—

16 ‘‘(i) included by the Federal agency

17 involved in every recommendation or re18 quest made by such agency for Federal

19 legislation that significantly affects juvenile

20 crime control, prevention, and juvenile of21 fender accountability; and

22 ‘‘(ii) made available for promulgation

23 to and use by State and local government

24 officials, and by nonprofit organizations in25 volved in delinquency prevention programs.
31

•S 1165 IS

1 ‘‘(f) JOINT FUNDING.—Notwithstanding any other

2 provision of law, if funds are made available by more than

3 1 Federal agency to be used by any agency, organization,

4 institution, or individual to carry out a Federal juvenile

5 crime control, prevention, or juvenile offender account6 ability program or activity—

7 ‘‘(1) any 1 of the Federal agencies providing

8 funds may be requested by the Administrator to act

9 for all in administering the funds advanced; and

10 ‘‘(2) a single non-Federal share requirement

11 may be established according to the proportion of

12 funds advanced by each Federal agency, and the Ad13 ministrator may order any such Federal agency to

14 waive any technical grant or contract requirement

15 (as defined in those regulations) that is inconsistent

16 with the similar requirement of the administering

17 agency or that the administering agency does not

18 impose.

19 ‘‘SEC. 204. COMMUNITY PREVENTION GRANT PROGRAM.

20 ‘‘(a) PURPOSES.—The Administrator may make

21 grants to a State, to be transmitted through the State ad22 visory group to units of local government that meet the

23 requirements of subsection (b), for delinquency prevention

24 programs and activities for youth who have had contact

25 with the juvenile justice system or who are likely to have
32

•S 1165 IS

1 contact with the juvenile justice system, including the pro2 vision to children, youth, and families of—

3 ‘‘(1) recreation services;

4 ‘‘(2) tutoring and remedial education;

5 ‘‘(3) assistance in the development of work

6 awareness skills;

7 ‘‘(4) child and adolescent health and mental

8 health services;

9 ‘‘(5) alcohol and substance abuse prevention

10 services;

11 ‘‘(6) leadership development activities; and

12 ‘‘(7) the teaching that people are and should be

13 held accountable for their actions.

14 ‘‘(b) ELIGIBILITY.—The requirements of this sub15 section are met with respect to a unit of general local gov16 ernment if—

17 ‘‘(1) the unit is in compliance with the require18 ments of part B of title II;

19 ‘‘(2) the unit has submitted to the State advi20 sory group a 3-year plan outlining the local front

21 end plans of the unit for investment for delinquency

22 prevention and early intervention activities;

23 ‘‘(3) the unit has included in its application to

24 the Administrator for formula grant funds a sum25 mary of the 3-year plan described in paragraph (2);
33

•S 1165 IS

1 ‘‘(4) pursuant to its 3-year plan, the unit has

2 appointed a local policy board of no fewer than 15

3 and no more than 21 members with balanced rep4 resentation of public agencies and private, nonprofit

5 organizations serving children, youth, and families

6 and business and industry;

7 ‘‘(5) the unit has, in order to aid in the preven8 tion of delinquency, included in its application a plan

9 for the coordination of services to at-risk youth and

10 their families, including such programs as nutrition,

11 energy assistance, and housing;

12 ‘‘(6) the local policy board is empowered to

13 make all recommendations for distribution of funds

14 and evaluation of activities funded under this title;

15 and

16 ‘‘(7) the unit or State has agreed to provide a

17 50 percent match of the amount of the grant, in18 cluding the value of in-kind contributions, to fund

19 the activity.

20 ‘‘(c) PRIORITY.—In considering grant application

21 under this section, the Administrator shall give priority

22 to applicants that demonstrate ability in—

23 ‘‘(1) plans for service and agency coordination

24 and collaboration including the collocation of serv25 ices;
34

•S 1165 IS

1 ‘‘(2) innovative ways to involve the private non2 profit and business sector in delinquency prevention

3 activities; and

4 ‘‘(3) developing or enhancing a statewide sub5 sidy program to local governments that is dedicated

6 to early intervention and delinquency prevention.

7 ‘‘SEC. 205. GRANTS TO INDIAN TRIBES.

8 ‘‘(a) IN GENERAL.—From the amount reserved

9 under section 206(b) in each fiscal year, the Administrator

10 shall make grants to Indian tribes for programs pursuant

11 to the permissible purposes under section 204 and part

12 B of this title.

13 ‘‘(b) APPLICATIONS.—

14 ‘‘(1) IN GENERAL.—To be eligible to receive a

15 grant under this section, an Indian tribe shall sub16 mit to the Administrator an application in such form

17 and containing such information as the Adminis18 trator may by regulation require.

19 ‘‘(2) PLANS.—Each application submitted

20 under paragraph (1) shall include a plan for con21 ducting projects described in section 204(a), which

22 plan shall—

23 ‘‘(A) provide evidence that the Indian tribe

24 performs law enforcement functions (as deter25 mined by the Secretary of the Interior);
35

•S 1165 IS

1 ‘‘(B) identify the juvenile justice and delin2 quency problems and juvenile delinquency pre3 vention needs to be addressed by activities con4 ducted by the Indian tribe in the area under the

5 jurisdiction of the Indian tribe with assistance

6 provided by the grant;

7 ‘‘(C) provide for fiscal control and account8 ing procedures that—

9 ‘‘(i) are necessary to ensure the pru10 dent use, proper disbursement, and ac11 counting of funds received under this sec12 tion; and

13 ‘‘(ii) are consistent with the require14 ments of subparagraph (B);

15 ‘‘(D) comply with the requirements of sec16 tion 222(a) (except that such subsection relates

17 to consultation with a State advisory group)

18 and with the requirements of section 222(c);

19 and

20 ‘‘(E) contain such other information, and

21 be subject to such additional requirements, as

22 the Administrator may reasonably prescribe to

23 ensure the effectiveness of the grant program

24 under this section.
36

•S 1165 IS

1 ‘‘(c) FACTORS FOR CONSIDERATION.—In awarding

2 grants under this section, the Administrator shall

3 consider—

4 ‘‘(1) the resources that are available to each ap5 plicant that will assist, and be coordinated with, the

6 overall juvenile justice system of the Indian tribe;

7 and

8 ‘‘(2) for each Indian tribe that receives assist9 ance under such a grant—

10 ‘‘(A) the relative juvenile population; and

11 ‘‘(B) who will be served by the assistance

12 provided by the grant.

13 ‘‘(d) GRANT AWARDS.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) COMPETITIVE AWARDS.—Except as

16 provided in paragraph (2), the Administrator

17 shall—

18 ‘‘(i) annually award grants under this

19 section on a competitive basis; and

20 ‘‘(ii) enter into a grant agreement

21 with each grant recipient under this sec22 tion that specifies the terms and conditions

23 of the grant.
37

•S 1165 IS

1 ‘‘(B) PERIOD OF GRANT.—The period of

2 each grant awarded under this section shall be

3 2 years.

4 ‘‘(2) EXCEPTION.—In any case in which the

5 Administrator determines that a grant recipient

6 under this section has performed satisfactorily dur7 ing the preceding year in accordance with an appli8 cable grant agreement, the Administrator may—

9 ‘‘(A) waive the requirement that the recipi10 ent be subject to the competitive award process

11 described in paragraph (1)(A); and

12 ‘‘(B) renew the grant for an additional

13 grant period (as specified in paragraph (1)(B)).

14 ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad15 ministrator may prescribe requirements to provide

16 for appropriate modifications to the plan preparation

17 and application process specified in subsection (b)

18 for an application for a renewal grant under para19 graph (2)(B).

20 ‘‘(e) REPORTING REQUIREMENT.—Each Indian tribe

21 that receives a grant under this section shall be subject

22 to the fiscal accountability provisions of section 5(f)(1) of

23 the Indian Self-Determination and Education Assistance

24 Act (25 U.S.C. 450c(f)(1)), relating to the submission of
38

•S 1165 IS

1 a single-agency audit report required by chapter 75 of title

2 31, United States Code.

3 ‘‘(f) MATCHING REQUIREMENT.—Funds appro4 priated by Congress for the activities of any agency of an

5 Indian tribal government or the Bureau of Indian Affairs

6 performing law enforcement functions on any Indian lands

7 may be used to provide the non-Federal share of any pro8 gram or project with a matching requirement funded

9 under this section.

10 ‘‘(g) TECHNICAL ASSISTANCE.—From the amount

11 reserved under section 206(b) in each fiscal year, the Ad12 ministrator may reserve 1 percent for the purpose of pro13 viding technical assistance to recipients of grants under

14 this section.

15 ‘‘SEC. 206. ALLOCATION OF GRANTS.

16 ‘‘(a) IN GENERAL.—Subject to subsections (b), (c),

17 and (d), the amount allocated under section 261 to carry

18 out section 204 in each fiscal year shall be allocated to

19 the States as follows:

20 ‘‘(1) The amount allocated to any State shall

21 not be less than $200,000.

22 ‘‘(2) Not less than 75 percent of the funds

23 made available under Part A of this title shall be

24 used to carry out section 205.
39

•S 1165 IS

1 ‘‘(b) RESERVATION OF FUNDS.—Notwithstanding

2 any other provision of law, from the amounts allocated

3 under section 261 to carry out section 204 and part B

4 in each fiscal year the Administrator shall reserve an

5 amount equal to the amount which all Indian tribes that

6 qualify for a grant under section 205 would collectively

7 be entitled, if such tribes were collectively treated as a

8 State for purposes of subsection (a).

9 ‘‘(c) EXCEPTION.—The amount allocated to the Vir10 gin Islands of the United States, Guam, American Samoa,

11 the Trust Territory of the Pacific Islands, and the Com12 monwealth of the Northern Mariana Islands shall be not

13 less than $75,000 and not more than $100,000.

14 ‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local

15 government, or eligible unit that receives funds under this

16 part may not use more than 5 percent of those funds to

17 pay for administrative costs.

18 ‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND

19 LOCAL PROGRAMS

20 ‘‘SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

21 ‘‘(a) IN GENERAL.—The Administrator may make

22 grants to States and units of local government, or com23 binations thereof, to assist them in planning, establishing,

24 operating, coordinating, and evaluating projects directly or

25 through grants and contracts with public and private
40

•S 1165 IS

1 agencies for the development of more effective education,

2 training, research, prevention, diversion, treatment, and

3 rehabilitation programs in the area of juvenile delinquency

4 and programs to improve the juvenile justice system.

5 ‘‘(b) TRAINING AND TECHNICAL ASSISTANCE.—

6 ‘‘(1) IN GENERAL.—With not to exceed 2 per7 cent of the funds available in a fiscal year to carry

8 out this part, the Administrator shall make grants

9 to and enter into contracts with public and private

10 agencies, organizations, and individuals to provide

11 training and technical assistance to States, units of

12 local government (or combinations thereof), and

13 local private agencies to facilitate compliance with

14 section 222 and implementation of the State plan

15 approved under section 222(c).

16 ‘‘(2) ELIGIBLE RECIPIENTS.—

17 ‘‘(A) IN GENERAL.—Grants may be made

18 to and contracts may be entered into under

19 paragraph (1) only with public and private

20 agencies, organizations, and individuals that

21 have experience in providing training and tech22 nical assistance required under paragraph (1).

23 ‘‘(B) ACTIVITY COORDINATION.—In pro24 viding training and technical assistance re25 quired under paragraph (1), the recipient of a
41

•S 1165 IS

1 grant or contract under this subsection shall co2 ordinate its activities with the State agency de3 scribed in section 222(a)(1).

4 ‘‘SEC. 222. STATE PLANS.

5 ‘‘(a) IN GENERAL.—In order to receive formula

6 grants under this part, a State shall submit a plan, devel7 oped in consultation with the State Advisory Group estab8 lished by the State under subsection (e)(2)(A), for car9 rying out its purposes applicable to a 3-year period.

10 ‘‘(b) ALLOCATION.—A portion of any allocation of

11 formula grants to a State shall be available to develop a

12 State plan or for other activities associated with such

13 State plan which are necessary for efficient administra14 tion, including monitoring, evaluation, and one full-time

15 staff position.

16 ‘‘(c) ANNUAL REPORTS.—The State shall submit an17 nual performance reports to the Administrator, each of

18 which shall describe progress in implementing programs

19 contained in the original State plan, and amendments nec20 essary to update the State plan, and shall describe the

21 status of compliance with State plan requirements.

22 ‘‘(d) CONTENTS OF PLAN.—In accordance with regu23 lations that the Administrator shall prescribe, a State plan

24 shall—
42

•S 1165 IS

1 ‘‘(1) designate a State agency as the sole agen2 cy for supervising the preparation and administra3 tion of the State plan;

4 ‘‘(2) contain satisfactory evidence that the

5 State agency designated in accordance with para6 graph (1) has or will have authority, by legislation

7 if necessary, to implement the State plan in con8 formity with this part;

9 ‘‘(3) provide for the active consultation with

10 and participation of units of local government in the

11 development of a State plan that adequately takes

12 into account the needs and requests of units of local

13 government, except that nothing in the State plan

14 requirements, or any regulations promulgated to

15 carry out such requirements, shall be construed to

16 prohibit or impede the State from making grants to,

17 or entering into contracts with, local private agen18 cies, including religious organizations;

19 ‘‘(4) to the extent feasible and consistent with

20 paragraph (5), provide for an equitable distribution

21 of the assistance received with the State, including

22 rural areas;

23 ‘‘(5) require that the State or unit of local gov24 ernment that is a recipient of amounts under this

25 part distribute the amounts intended to be used for
43

•S 1165 IS

1 the prevention of juvenile delinquency and reduction

2 of incarceration, to the extent feasible, in proportion

3 to the amount of juvenile crime committed within

4 those regions and communities;

5 ‘‘(6) provide assurances that youth who come

6 into contact with the juvenile justice system are

7 treated equitably on the basis of gender, race, family

8 income, and disability;

9 ‘‘(7) provide for—

10 ‘‘(A) an analysis of juvenile crime and de11 linquency problems (including the joining of

12 gangs that commit crimes) and juvenile justice

13 and delinquency prevention needs (including

14 educational needs) of the State (including any

15 geographical area in which an Indian tribe per16 forms law enforcement functions), a description

17 of the services to be provided, and a description

18 of performance goals and priorities, including a

19 specific statement of the manner in which pro20 grams are expected to meet the identified juve21 nile crime problems (including the joining of

22 gangs that commit crimes) and juvenile justice

23 and delinquency prevention needs (including

24 educational needs) of the State;
44

•S 1165 IS

1 ‘‘(B) an indication of the manner in which

2 the programs relate to other similar State or

3 local programs that are intended to address the

4 same or similar problems; and

5 ‘‘(C) a strategy for the concentration of

6 State efforts, which shall coordinate all State

7 juvenile crime control, prevention, and delin8 quency programs with respect to overall policy

9 and development of objectives and priorities for

10 all State juvenile crime control and delinquency

11 programs and activities, including a provision

12 for regular meetings of State officials with re13 sponsibility in the area of juvenile justice and

14 delinquency prevention;

15 ‘‘(D) needed gender-specific services for

16 the prevention and treatment of juvenile delin17 quency;

18 ‘‘(E) needed services for the prevention

19 and treatment of juvenile delinquency in rural

20 areas; and

21 ‘‘(F) needed mental health services to juve22 niles in the juvenile justice system;

23 ‘‘(8) provide for the coordination and maximum

24 utilization of existing juvenile delinquency programs,

25 programs operated by public and private agencies
45

•S 1165 IS

1 and organizations, and other related programs (such

2 as education, special education, recreation, health,

3 and welfare programs) in the State;

4 ‘‘(9) provide for the development of an adequate

5 research, training, and evaluation capacity within

6 the State;

7 ‘‘(10) provide that not less than 75 percent of

8 the funds available to the State under section 221,

9 other than funds made available to the State advi10 sory group under this section, whether expended di11 rectly by the State, by the unit of local government,

12 or by a combination thereof, or through grants and

13 contracts with public or private nonprofit agencies,

14 shall be used for—

15 ‘‘(A) community-based alternatives (includ16 ing home-based alternatives) to incarceration

17 and institutionalization, including—

18 ‘‘(i) for youth who need temporary

19 placement, the provision of crisis interven20 tion, shelter, and after-care; and

21 ‘‘(ii) for youth who need residential

22 placement, the provision of a continuum of

23 foster care or group home alternatives that

24 provide access to a comprehensive array of

25 services;
46

•S 1165 IS

1 ‘‘(B) programs that assist in holding juve2 niles accountable for their actions, including the

3 use of graduated sanctions and of neighborhood

4 courts or panels that increase victim satisfac5 tion and require juveniles to make restitution

6 for the damage caused by their delinquent be7 havior;

8 ‘‘(C) comprehensive juvenile crime control

9 and delinquency prevention programs that meet

10 the needs of youth through the collaboration of

11 the many local systems before which a youth

12 may appear, including schools, courts, law en13 forcement agencies, child protection agencies,

14 mental health agencies, welfare services, health

15 care agencies, public recreation agencies, and

16 private nonprofit agencies offering youth serv17 ices;

18 ‘‘(D) programs that provide treatment to

19 juvenile offenders who are victims of child

20 abuse or neglect, and to the families of those

21 juveniles, in order to reduce the likelihood that

22 those juvenile offenders will commit subsequent

23 violations of law;

24 ‘‘(E) educational programs or supportive

25 services for delinquent or other juveniles—
47

•S 1165 IS

1 ‘‘(i) to encourage juveniles to remain

2 in elementary and secondary schools or in

3 alternative learning situations;

4 ‘‘(ii) to provide services to assist juve5 niles in making the transition to the world

6 of work and self-sufficiency; and

7 ‘‘(iii) to enhance coordination with the

8 local schools that juveniles would otherwise

9 attend, to ensure that—

10 ‘‘(I) the instruction that juveniles

11 receive outside school is closely

12 aligned with the instruction provided

13 in school; and

14 ‘‘(II) information regarding any

15 learning problems identified in such

16 alternative learning situations are

17 communicated to the schools;

18 ‘‘(F) expanding the use of probation

19 officers—

20 ‘‘(i) particularly for the purpose of

21 permitting nonviolent juvenile offenders

22 (including status offenders) to remain at

23 home with their families as an alternative

24 to incarceration or institutionalization; and
48

•S 1165 IS

1 ‘‘(ii) to ensure that juveniles follow

2 the terms of their probation;

3 ‘‘(G) one-on-one mentoring programs that

4 are designed to link at-risk juveniles and juve5 nile offenders, particularly juveniles residing in

6 high-crime areas and juveniles experiencing

7 educational failure, with responsible adults

8 (such as law enforcement officers, adults work9 ing with local businesses, and adults working

10 with community-based organizations and agen11 cies) who are properly screened and trained;

12 ‘‘(H) programs designed to develop and

13 implement projects relating to juvenile delin14 quency and learning disabilities, including on15 the-job training programs to assist community

16 services, law enforcement, and juvenile justice

17 personnel to more effectively recognize and pro18 vide for learning disabled and other juveniles

19 with disabilities;

20 ‘‘(I) projects designed to deter involvement

21 in illegal activities and promote involvement in

22 lawful activities on the part of gangs whose

23 membership is substantially composed of youth;

24 ‘‘(J) programs and projects designed to

25 provide for the treatment of a youth who is de-
49

•S 1165 IS

1 pendent on or abuses alcohol or other addictive

2 or nonaddictive drugs;

3 ‘‘(K) community-based programs and serv4 ices to work with juveniles, their parents, and

5 other family members during and after incar6 ceration in order to strengthen families so that

7 such juveniles may be retained in their homes;

8 ‘‘(L) activities (such as court-appointed ad9 vocates) that the State determines will hold ju10 veniles accountable for their acts and decrease

11 juvenile involvement in delinquent activities;

12 ‘‘(M) establishing policies and systems to

13 incorporate relevant child protective services

14 records into juvenile justice records for pur15 poses of establishing treatment plans for juve16 nile offenders;

17 ‘‘(N) programs (including referral to lit18 eracy programs and social service programs) to

19 assist families with limited English-speaking

20 ability that include delinquent juveniles to over21 come language and other barriers that may pre22 vent the complete treatment of the juveniles

23 and the preservation of their families;

24 ‘‘(O) programs that utilize multidisci25 plinary interagency case management and infor-
50

•S 1165 IS

1 mation sharing, that enable the juvenile justice

2 and law enforcement agencies, schools, and so3 cial service agencies to make more informed de4 cisions regarding early identification, control,

5 supervision, and treatment of juveniles who re6 peatedly commit violent or serious delinquent

7 acts;

8 ‘‘(P) programs designed to prevent and re9 duce hate crimes committed by juveniles;

10 ‘‘(Q) court supervised initiatives that ad11 dress the illegal possession of firearms by juve12 niles;

13 ‘‘(R) programs for positive youth develop14 ment that provide delinquent youth and youth

15 at-risk of delinquency with—

16 ‘‘(i) an ongoing relationship with a

17 caring adult (such as a mentor, tutor,

18 coach, or shelter youth worker);

19 ‘‘(ii) safe places and structured activi20 ties during nonschool hours;

21 ‘‘(iii) a healthy start;

22 ‘‘(iv) a marketable skill through effec23 tive education; and

24 ‘‘(v) an opportunity to give back

25 through community service;
51

•S 1165 IS

1 ‘‘(S) programs and projects that provide

2 comprehensive post-placement services that help

3 juveniles make a successful transition back into

4 the community, including mental health serv5 ices, substance abuse treatment, counseling,

6 education, and employment training;

7 ‘‘(T) programs and services designed to

8 identify and address the health and mental

9 health needs of youth; and

10 ‘‘(U) programs that have been proven to be

11 successful in preventing delinquency, such as

12 Multi-Systemic Therapy, Multi-Dimensional

13 Treatment Foster Care, Functional Family

14 Therapy, and the Bullying Prevention Program;

15 ‘‘(11) provide that—

16 ‘‘(A) a juvenile who is charged with or who

17 has committed an offense that would not be

18 criminal if committed by an adult shall not be

19 placed in a secure detention facility or secure

20 correctional facility unless the juvenile—

21 ‘‘(i) was charged with or committed a

22 violation of section 922(x)(2) of title 18,

23 United States Code, or of a similar State

24 law;
52

•S 1165 IS

1 ‘‘(ii) was charged with or committed a

2 violation of a valid court order; or

3 ‘‘(iii) was held in accordance with the

4 Interstate Compact on Juveniles as en5 acted by the State; and

6 ‘‘(B) a juvenile shall not be placed in a se7 cure detention facility or secure correctional fa8 cility if the juvenile—

9 ‘‘(i) was not charged with any offense;

10 and

11 ‘‘(ii) is—

12 ‘‘(I) an alien; or

13 ‘‘(II) alleged to be dependent, ne14 glected, or abused.

15 ‘‘(12) provide that—

16 ‘‘(A) a juvenile who is alleged to be or

17 found to be delinquent or a juvenile who is de18 scribed in paragraph (11) will not be detained

19 or confined in any institution in which prohib20 ited physical contact or sustained oral and vis21 ual contact with an adult inmate can occur; and

22 ‘‘(B) there is in effect in the State a policy

23 that requires an individual who works with both

24 juveniles and adult inmates, including in collo-
53

•S 1165 IS

1 cated facilities, to be trained and certified to

2 work with juveniles;

3 ‘‘(13) provide that no juvenile will be detained

4 or confined in any jail or lockup for adults except—

5 ‘‘(A) juveniles who are accused of non6 status offenses and who are detained in such

7 jail or lockup for a period not to exceed 6

8 hours—

9 ‘‘(i) for processing or release;

10 ‘‘(ii) while awaiting transfer to a juve11 nile facility; or

12 ‘‘(iii) in which period such juveniles

13 make a court appearance;

14 ‘‘(B) juveniles who—

15 ‘‘(i) are accused of nonstatus offenses;

16 ‘‘(ii) are awaiting an initial court ap17 pearance that will occur within 48 hours

18 after being taken into custody (excluding

19 Saturdays, Sundays, and legal holidays);

20 and

21 ‘‘(iii) are detained in a jail or

22 lockup—

23 ‘‘(I) in which such juveniles do

24 not have prohibited physical contact,

25 or sustained oral and visual contact,
54

•S 1165 IS

1 with adults incarcerated because such

2 adults have been convicted of a crime

3 or are awaiting trial on criminal

4 charges;

5 ‘‘(II) where there is in effect in

6 the State a policy that requires indi7 viduals who work with both such juve8 niles and such adults in collocated fa9 cilities have been trained and certified

10 to work with juveniles; and

11 ‘‘(III) that is located—

12 ‘‘(aa) outside a metropolitan

13 statistical area (as defined by the

14 Office of Management and Budg15 et) and has no existing accept16 able alternative placement avail17 able;

18 ‘‘(bb) where conditions of

19 distance to be traveled or the

20 lack of highway, road, or trans21 portation do not allow for court

22 appearances within 48 hours (ex23 cluding Saturdays, Sundays, and

24 legal holidays) so that a brief
55

•S 1165 IS

1 (not to exceed an additional 48

2 hours) delay is excusable; or

3 ‘‘(cc) where conditions of

4 safety exist (such as severe ad5 verse, life-threatening weather

6 conditions that do not allow for

7 reasonably safe travel), in which

8 case the time for an appearance

9 may be delayed until 24 hours

10 after the time that such condi11 tions allow for reasonable safe

12 travel;

13 ‘‘(14)(A) provide assurances that consideration

14 will be given to and that assistance will be available

15 for approaches designed to strengthen the families of

16 delinquent and other youth to prevent juvenile delin17 quency; and

18 ‘‘(B) approaches under subparagraph (A)

19 should include the involvement of grandparents or

20 other extended family members, when possible, and

21 appropriate and the provision of family counseling

22 during the incarceration of juvenile family members

23 and coordination of family services when appropriate

24 and feasible;
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•S 1165 IS

1 ‘‘(15) provide for procedures to be established

2 for protecting the rights of recipients of services and

3 for assuring appropriate privacy with regard to

4 records relating to the services provided to any indi5 vidual under the State plan;

6 ‘‘(16) provide for such fiscal control and fund

7 accounting procedures necessary to assure prudent

8 use, proper disbursement, and accurate accounting

9 of funds received under this title;

10 ‘‘(17) provide reasonable assurances that Fed11 eral funds made available under this part for any pe12 riod shall be used to supplement and increase (but

13 not supplant) the level of the State, local, and other

14 non-Federal funds that would, in the absence of the

15 Federal funds, be made available for the programs

16 described in this part, and shall in no event replace

17 such State, local, and other non-Federal funds;

18 ‘‘(18) provide that the State agency designated

19 under paragraph (1) shall, not less often than annu20 ally, review its plan and submit to the Administrator

21 an analysis and evaluation of the effectiveness of the

22 programs and activities carried out under the plan,

23 and any modifications in the plan, including the sur24 vey of the State and local needs, that the agency

25 considers necessary;
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•S 1165 IS

1 ‘‘(19) provide assurances that the State or unit

2 of local government that is a recipient of amounts

3 under this part require that any person convicted of

4 a sexual act or sexual contact involving any other

5 person who has not attained the age of 18 years,

6 and who is not less than 4 years younger than that

7 convicted person, be tested for the presence of a sex8 ually transmitted disease and that the results of that

9 test be provided to the victim or to the family of the

10 victim as well as to any court or other government

11 agency with primary authority for sentencing the

12 person convicted for the commission of the sexual

13 act or sexual contact (as those terms are defined in

14 paragraphs (2) and (3), respectively, of section 2246

15 of title 18, United States Code);

16 ‘‘(20) provide that if a juvenile is taken into

17 custody for violating a valid court order issued for

18 committing a status offense—

19 ‘‘(A) an appropriate public agency shall be

20 promptly notified that the juvenile is being

21 taken into custody for violating the court order;

22 ‘‘(B) that within 24 hours of the juvenile

23 being taken into custody, an authorized rep24 resentative of the public agency shall interview

25 the juvenile in person; and
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•S 1165 IS

1 ‘‘(C) that within 48 hours of the juvenile

2 being taken into custody—

3 ‘‘(i) the authorized representative

4 shall submit an assessment regarding the

5 immediate needs of the juvenile to the

6 court that issued the order; and

7 ‘‘(ii) the court shall conduct a hearing

8 to determine—

9 ‘‘(I) whether there is reasonable

10 cause to believe that the juvenile vio11 lated the order; and

12 ‘‘(II) the appropriate placement

13 of the juvenile pending disposition of

14 the alleged violation;

15 ‘‘(21) specify a percentage, if any, of funds re16 ceived by the State under section 221 that the State

17 shall reserve for expenditure by the State to provide

18 incentive grants to units of local government that re19 duce the case load of probation officers within those

20 units;

21 ‘‘(22) provide that the State, to the maximum

22 extent practicable, will implement a system to ensure

23 that if a juvenile is before a court in the juvenile jus24 tice system, public child welfare records (including

25 child protective services records) relating to that ju-
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•S 1165 IS

1 venile that are on file in the geographical area under

2 the jurisdiction of that court will be made known to

3 that court;

4 ‘‘(23) unless the provisions of this paragraph

5 are waived at the discretion of the Administrator for

6 any State in which the services for delinquent or

7 other youth are organized primarily on a statewide

8 basis, provide that at least 50 percent of funds re9 ceived by the State under this section, other than

10 funds made available to the State advisory group,

11 shall be expended—

12 ‘‘(A) through programs of units of general

13 local government, to the extent that those pro14 grams are consistent with the State plan; and

15 ‘‘(B) through programs of local private

16 agencies, to the extent that those programs are

17 consistent with the State plan, except that di18 rect funding of any local private agency by a

19 State shall be permitted only if the local private

20 agency requests direct funding after the agency

21 has applied for and been denied funding by a

22 unit of general local government;

23 ‘‘(24) provide for the establishment of youth

24 tribunals and peer ‘juries’ in school districts in the

25 State to promote zero tolerance policies with respect
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1 to misdemeanor offenses, acts of juvenile delin2 quency, and other antisocial behavior occurring on

3 school grounds, including truancy, vandalism, under4 age drinking, and underage tobacco use;

5 ‘‘(25) provide for projects to coordinate the de6 livery of adolescent mental health and substance

7 abuse services to children at risk by coordinating

8 councils composed of public and private service pro9 viders;

10 ‘‘(26) provide assurances that—

11 ‘‘(A) any assistance provided under this

12 title will not cause the displacement (including

13 a partial displacement, such as a reduction in

14 the hours of nonovertime work, wages, or em15 ployment benefits) of any currently employed

16 employee;

17 ‘‘(B) activities assisted under this title will

18 not impair an existing collective bargaining re19 lationship, contract for services, or collective

20 bargaining agreement; and

21 ‘‘(C) an activity that would be inconsistent

22 with the terms of a collective bargaining agree23 ment shall not be undertaken without the writ24 ten concurrence of the labor organization in25 volved; and
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1 ‘‘(27) address efforts to reduce the proportion

2 of juveniles detained or confined in secure detention

3 facilities, secure correctional facilities, jails, and

4 lockups who are members of minority groups, if such

5 proportion exceeds the proportion such groups rep6 resent in the general population.

7 ‘‘(e) APPROVAL BY STATE AGENCY.—

8 ‘‘(1) STATE AGENCY.—The State agency des9 ignated under subsection (d)(1) shall approve the

10 State plan and any modification of that plan prior

11 to submission of the plan to the Administrator.

12 ‘‘(2) STATE ADVISORY GROUP.—

13 ‘‘(A) ESTABLISHMENT.—

14 ‘‘(i) IN GENERAL.—The State advi15 sory group referred to in subsection (a)

16 shall be known as the ‘State Advisory

17 Group’.

18 ‘‘(ii) MEMBERS.—The State Advisory

19 Group shall—

20 ‘‘(I) consist of representatives

21 from both the private and public sec22 tor, each of whom shall be appointed

23 for a term of not more than 6 years;

24 and
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•S 1165 IS

1 ‘‘(II) include not less than 1

2 prosecutor and not less than 1 judge

3 from a court with a juvenile crime or

4 delinquency docket.

5 ‘‘(iii) MEMBER EXPERIENCE.—The

6 State shall ensure that members of the

7 State Advisory Group shall have experience

8 in the area of juvenile delinquency preven9 tion, the prosecution of juvenile offenders,

10 the treatment of juvenile delinquency, the

11 investigation of juvenile crimes, or the ad12 ministration of juvenile justice programs.

13 ‘‘(iv) CHAIRPERSON.—The chair14 person of the State Advisory Group shall

15 not be a full-time employee of the Federal

16 Government or the State government.

17 ‘‘(B) CONSULTATION.—

18 ‘‘(i) IN GENERAL.—The State Advi19 sory Group established under subpara20 graph (A) shall—

21 ‘‘(I) participate in the develop22 ment and review of a State plan

23 under this section before the plan is

24 submitted to the supervisory agency

25 for final action; and
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•S 1165 IS

1 ‘‘(II) be afforded an opportunity

2 to review and comment, not later than

3 30 days after the submission to the

4 State Advisory Group, on all juvenile

5 justice and delinquency prevention

6 grant applications submitted to the

7 State agency designated under sub8 section (d)(1).

9 ‘‘(ii) AUTHORITY.—The State Advi10 sory Group shall report to the chief execu11 tive officer and the legislature of a State

12 that has submitted a plan, on an annual

13 basis regarding recommendations related

14 to the compliance by that State with this

15 section.

16 ‘‘(C) FUNDING.—From amounts reserved

17 for administrative costs, the State may make

18 available to the State Advisory Group such

19 sums as may be necessary to assist the State

20 Advisory Group in adequately performing its

21 duties under this paragraph.

22 ‘‘(f) COMPLIANCE WITH STATUTORY REQUIRE23 MENTS.—If a State fails to comply with any of the appli24 cable requirements of paragraph (11), (12), (13), or (27)

25 of subsection (d) in any fiscal year beginning after Sep-
64

•S 1165 IS

1 tember 30, 2001, the amount allocated to that State for

2 the subsequent fiscal year shall be reduced by not to ex3 ceed 12.5 percent for each such paragraph with respect

4 to which the failure occurs, unless the Administrator de5 termines that the State—

6 ‘‘(1) has achieved substantial compliance with

7 the applicable requirements with respect to which

8 the State was not in compliance; and

9 ‘‘(2) has made, through appropriate executive

10 or legislative action, an unequivocal commitment to

11 achieving full compliance with the applicable require12 ments within a reasonable time.

13 ‘‘SEC. 223. ALLOCATION OF GRANTS.

14 ‘‘(a) IN GENERAL.—Subject to subsections (b), (c),

15 and (d), of the amount allocated under section 261 to

16 carry out this part in each fiscal year that remains after

17 reservation under section 206(b) for that fiscal year—

18 ‘‘(1) no State shall be allocated less than

19 $750,000; and

20 ‘‘(2) the amount remaining after the allocation

21 under paragraph (1) shall be allocated proportion22 ately based on the juvenile population in the eligible

23 States.

24 ‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount al25 located under section 261 to carry out this part in each
65

•S 1165 IS

1 fiscal year that remains after reservation under section

2 206(b) for that fiscal year, up to 10 percent may be avail3 able for use by the Administrator to provide—

4 ‘‘(1) training and technical assistance con5 sistent with the purposes authorized under sections

6 203, 204, and 221;

7 ‘‘(2) direct grant awards and other support to

8 develop, test, and demonstrate new approaches to

9 improving the juvenile justice system and reducing,

10 preventing, and abating delinquent behavior, juvenile

11 crime, and youth violence;

12 ‘‘(3) for research and evaluation efforts to dis13 cover and test methods and practices to improve the

14 juvenile justice system and reduce, prevent, and

15 abate delinquent behavior, juvenile crime, and youth

16 violence; and

17 ‘‘(4) information, including information on best

18 practices, consistent with purposes authorized under

19 sections 203, 204, and 221.

20 ‘‘(c) EXCEPTION.—The amount allocated to the Vir21 gin Islands of the United States, Guam, American Samoa,

22 the Trust Territory of the Pacific Islands, and the Com23 monwealth of the Northern Mariana Islands shall be not

24 less than $75,000 and not more than $100,000.
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•S 1165 IS

1 ‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local

2 government, or eligible unit that receives funds under this

3 part may not use more than 5 percent of those funds to

4 pay for administrative costs.

5 ‘‘PART C—GANG-FREE SCHOOLS AND COMMU6 NITIES; COMMUNITY-BASED GANG INTER7 VENTION

8 ‘‘SEC. 231. DEFINITION OF JUVENILE.

9 ‘‘In this part, the term ‘juvenile’ means an individual

10 who has not attained the age of 22 years.

11 ‘‘SEC. 232. GANG-FREE SCHOOLS AND COMMUNITIES.

12 ‘‘(a) IN GENERAL.—

13 ‘‘(1) FAMILY AND COMMUNITY GRANTS.—The

14 Administrator shall make grants to or enter into

15 contracts with public agencies (including local edu16 cational agencies) and private nonprofit agencies, or17 ganizations, and institutions to establish and sup18 port programs and activities that involve families

19 and communities and that are designed to—

20 ‘‘(A) prevent and reduce the participation

21 of juveniles in criminal gang activity by

22 providing—

23 ‘‘(i) individual, peer, family, and

24 group counseling, including a provision of

25 life skills training and preparation for liv-
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•S 1165 IS

1 ing independently, which shall include co2 operation with social services, welfare, and

3 health care programs;

4 ‘‘(ii) education, recreation, and social

5 services designed to address the social and

6 developmental needs of juveniles that those

7 juveniles would otherwise seek to have met

8 through membership in gangs;

9 ‘‘(iii) crisis intervention and coun10 seling to juveniles who are particularly at

11 risk of gang involvement, and the families

12 of those juveniles, including assistance

13 from social service, welfare, health care,

14 mental health, and substance abuse pre15 vention and treatment agencies where nec16 essary;

17 ‘‘(iv) an organization of neighborhood

18 and community groups to work closely with

19 parents, schools, law enforcement, and

20 other public and private agencies in the

21 community; and

22 ‘‘(v) training and assistance to adults

23 who have significant relationships with ju24 veniles who are or may become members of

25 gangs so the adults may provide construc-
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•S 1165 IS

1 tive alternatives to participating in the ac2 tivities of gangs;

3 ‘‘(B) develop within the juvenile adjudica4 tory and correctional systems new and innova5 tive means to address the problems of juveniles

6 who have been convicted of serious drug-related

7 and gang-related offenses;

8 ‘‘(C) target elementary school students,

9 with the purpose of steering students away

10 from gang involvement;

11 ‘‘(D) provide treatment to juveniles who

12 are members of gangs, including members who

13 are accused of committing a serious crime and

14 members who have been adjudicated as being

15 delinquent;

16 ‘‘(E) promote the involvement of juveniles

17 in lawful activities in geographical areas in

18 which gangs commit crimes;

19 ‘‘(F) promote and support, with the co20 operation of community-based organizations ex21 perienced in providing services to juveniles en22 gaged in gang-related activities and the co23 operation of local law enforcement agencies, the

24 development of policies and activities in public

25 elementary and secondary schools that will as-
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•S 1165 IS

1 sist those schools in maintaining a safe environ2 ment conducive to learning;

3 ‘‘(G) assist juveniles who are or may be4 come members of gangs to obtain appropriate

5 educational instruction, in or outside a regular

6 school program, including the provision of coun7 seling and other services to promote and sup8 port the continued participation of those juve9 niles in the instructional programs;

10 ‘‘(H) expand the availability of prevention

11 and treatment services relating to the illegal use

12 of controlled substances and controlled sub13 stance analogues (as defined in paragraphs (6)

14 and (32) of section 102 of the Controlled Sub15 stances Act (21 U.S.C. 802)) by juveniles, pro16 vided through State and local health and social

17 services agencies;

18 ‘‘(I) provide services to prevent juveniles

19 from coming into contact with the juvenile jus20 tice system again as a result of gang-related ac21 tivity;

22 ‘‘(J) provide services authorized in this

23 section at a special location in a school or hous24 ing project or other appropriate site; or
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•S 1165 IS

1 ‘‘(K) support activities to inform juveniles

2 of the availability of treatment and services for

3 which financial assistance is available under

4 this section.

5 ‘‘(2) RESEARCH AND EVALUATION.—From not

6 more than 15 percent of the total amount appro7 priated to carry out this part in each fiscal year, the

8 Administrator may make grants to and enter into

9 contracts with public agencies and private nonprofit

10 agencies, organizations, and institutions—

11 ‘‘(A) to conduct research on issues related

12 to juvenile gangs;

13 ‘‘(B) to evaluate the effectiveness of pro14 grams and activities funded under paragraph

15 (1); and

16 ‘‘(C) to increase the knowledge of the pub17 lic (including public and private agencies that

18 operate or desire to operate gang prevention

19 and intervention programs) by disseminating in20 formation on research and on effective pro21 grams and activities funded under this section.

22 ‘‘(b) APPROVAL OF APPLICATIONS.—

23 ‘‘(1) IN GENERAL.—Any agency, organization,

24 or institution that seeks to receive a grant or enter

25 into a contract under this section shall submit an
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•S 1165 IS

1 application at such time, in such manner, and con2 taining such information as the Administrator may

3 prescribe.

4 ‘‘(2) APPLICATION CONTENTS.—In accordance

5 with guidelines established by the Administrator,

6 each application submitted under paragraph (1)

7 shall—

8 ‘‘(A) set forth a program or activity for

9 carrying out 1 or more of the purposes specified

10 in subsection (a), and specifically identify each

11 purpose the program or activity is designed to

12 carry out;

13 ‘‘(B) provide that the program or activity

14 shall be administered by or under the super15 vision of the applicant;

16 ‘‘(C) provide for the proper and efficient

17 administration of the program or activity;

18 ‘‘(D) provide for regular evaluation of the

19 program or activity;

20 ‘‘(E) provide an assurance that the pro21 posed program or activity will supplement, not

22 supplant, similar programs and activities al23 ready available in the community;

24 ‘‘(F) describe how the program or activity

25 is coordinated with programs, activities, and
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1 services available locally under part B of this

2 title and under chapter 1 of subtitle B of title

3 III of the Anti-Drug Abuse Act of 1988 (42

4 U.S.C. 11801–11805);

5 ‘‘(G) certify that the applicant has re6 quested the State planning agency to review

7 and comment on the application and to summa8 rize the responses of that State planning agency

9 to the request;

10 ‘‘(H) provide that regular reports on the

11 program or activity shall be sent to the Admin12 istrator and to the State planning agency; and

13 ‘‘(I) provide for such fiscal control and

14 fund accounting procedures as may be nec15 essary to ensure prudent use, proper disburse16 ment, and accurate accounting of funds re17 ceived under this section.

18 ‘‘(3) PRIORITY.—In reviewing applications for

19 grants and contracts under this section, the Admin20 istrator shall give priority to an application—

21 ‘‘(A) submitted by, or substantially involv22 ing, a local educational agency (as defined in

23 section 1471 of the Elementary and Secondary

24 Education Act of 1965 (20 U.S.C. 2891));
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•S 1165 IS

1 ‘‘(B) based on the incidence and severity of

2 crimes committed by gangs whose membership

3 is composed primarily of juveniles in the geo4 graphical area in which the applicant proposes

5 to carry out the programs and activities for

6 which the grants and contracts are requested;

7 and

8 ‘‘(C) for assistance for programs and ac9 tivities that—

10 ‘‘(i) are broadly supported by public

11 and private nonprofit agencies, organiza12 tions, and institutions located in the geo13 graphical area in which the applicant pro14 poses to carry out the programs and activi15 ties; and

16 ‘‘(ii) will substantially involve the fam17 ilies of juvenile gang members in carrying

18 out the programs or activities.

19 ‘‘SEC. 233. COMMUNITY-BASED GANG INTERVENTION.

20 ‘‘(a) IN GENERAL.—The Administrator shall make

21 grants to or enter into contracts with public and private

22 nonprofit agencies, organizations, and institutions to carry

23 out programs and activities—

24 ‘‘(1) to reduce the participation of juveniles in

25 the illegal activities of gangs;
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•S 1165 IS

1 ‘‘(2) to develop regional task forces involving

2 State, local, and community-based organizations to

3 coordinate the disruption of gangs and the prosecu4 tion of juvenile gang members and to curtail inter5 state activities of gangs;

6 ‘‘(3) to facilitate coordination and cooperation

7 among—

8 ‘‘(A) local education, juvenile justice, em9 ployment, recreation, and social service agen10 cies; and

11 ‘‘(B) community-based programs with a

12 proven record of effectively providing interven13 tion services to juvenile gang members for the

14 purpose of reducing the participation of juve15 niles in illegal gang activities; and

16 ‘‘(4) to support programs that, in recognition of

17 varying degrees of the seriousness of delinquent be18 havior and the corresponding gradations in the re19 sponses of the juvenile justice system in response to

20 that behavior, are designed to—

21 ‘‘(A) encourage courts to develop and im22 plement a continuum of post-adjudication re23 straints that bridge the gap between traditional

24 probation and confinement in a correctional set25 ting (including expanded use of probation, me-
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•S 1165 IS

1 diation, restitution, community service, treat2 ment, home detention, intensive supervision,

3 electronic monitoring, and secure community4 based treatment facilities linked to other sup5 port services such as health, mental health, re6 medial and special education, job training, and

7 recreation); and

8 ‘‘(B) assist in the provision by the Admin9 istrator of information and technical assistance,

10 including technology transfer, to States, in the

11 design and utilization of risk assessment mech12 anisms to aid juvenile justice personnel in de13 termining appropriate sanctions for delinquent

14 behavior.

15 ‘‘(b) ELIGIBLE PROGRAMS AND ACTIVITIES.—Pro16 grams and activities for which grants and contracts are

17 to be made under this section may include—

18 ‘‘(1) the hiring of additional State and local

19 prosecutors, and the establishment and operation of

20 programs, including multijurisdictional task forces,

21 for the disruption of gangs and the prosecution of

22 gang members;

23 ‘‘(2) developing within the juvenile adjudicatory

24 and correctional systems new and innovative means

25 to address the problems of juveniles who are con-
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•S 1165 IS

1 victed of serious drug-related and gang-related of2 fenses;

3 ‘‘(3) providing treatment to juveniles who are

4 members of gangs, including members who are ac5 cused of committing a serious crime and members

6 who have been adjudicated as being delinquent;

7 ‘‘(4) promoting the involvement of juveniles in

8 lawful activities in geographical areas in which

9 gangs commit crimes;

10 ‘‘(5) expanding the availability of prevention

11 and treatment services relating to the illegal use of

12 controlled substances and controlled substances ana13 logues (as defined in paragraphs (6) and (32) of sec14 tion 102 of the Controlled Substances Act (21

15 U.S.C. 802)), by juveniles, provided through State

16 and local health and social services agencies;

17 ‘‘(6) providing services to prevent juveniles

18 from coming into contact with the juvenile justice

19 system again as a result of gang-related activity; or

20 ‘‘(7) supporting activities to inform juveniles of

21 the availability of treatment and services for which

22 financial assistance is available under this section.

23 ‘‘(c) APPROVAL OF APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—Any agency, organization,

25 or institution that seeks to receive a grant or enter
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1 into a contract under this section shall submit an

2 application at such time, in such manner, and con3 taining such information as the Administrator may

4 prescribe.

5 ‘‘(2) APPLICATION CONTENTS.—In accordance

6 with guidelines established by the Administrator,

7 each application submitted under paragraph (1)

8 shall—

9 ‘‘(A) set forth a program or activity for

10 carrying out 1 or more of the purposes specified

11 in subsection (a), and specifically identify each

12 purpose the program or activity is designed to

13 carry out;

14 ‘‘(B) provide that the program or activity

15 shall be administered by or under the super16 vision of the applicant;

17 ‘‘(C) provide for the proper and efficient

18 administration of the program or activity;

19 ‘‘(D) provide for regular evaluation of the

20 program or activity;

21 ‘‘(E) provide an assurance that the pro22 posed program or activity will supplement, not

23 supplant, similar programs and activities al24 ready available in the community;
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•S 1165 IS

1 ‘‘(F) describe how the program or activity

2 is coordinated with programs, activities, and

3 services available locally under part B of this

4 title and under chapter 1 of subtitle B of title

5 III of the Anti-Drug Abuse Act of 1988 (42

6 U.S.C. 11801–11805);

7 ‘‘(G) certify that the applicant has re8 quested the State planning agency to review

9 and comment on the application and to summa10 rize the responses of the State planning agency

11 to the request;

12 ‘‘(H) provide that regular reports on the

13 program or activity shall be sent to the Admin14 istrator and to the State planning agency; and

15 ‘‘(I) provide for such fiscal control and

16 fund accounting procedures as may be nec17 essary to ensure prudent use, proper disburse18 ment, and accurate accounting of funds re19 ceived under this section.

20 ‘‘(3) PRIORITY.—In reviewing applications for

21 grants and contracts under subsection (a), the Ad22 ministrator shall give priority to an application—

23 ‘‘(A) submitted by, or substantially involv24 ing, a community-based organization experi25 enced in providing services to juveniles;
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•S 1165 IS

1 ‘‘(B) based on the incidence and severity of

2 crimes committed by gangs whose membership

3 is composed primarily of juveniles in the geo4 graphical area in which the applicant proposes

5 to carry out the programs and activities for

6 which the grants and contracts are requested;

7 and

8 ‘‘(C) for assistance for programs and ac9 tivities that—

10 ‘‘(i) are broadly supported by public

11 and private nonprofit agencies, organiza12 tions, and institutions located in the geo13 graphical area in which the applicant pro14 poses to carry out the programs and activi15 ties; and

16 ‘‘(ii) will substantially involve the fam17 ilies of juvenile gang members in carrying

18 out the programs or activities.

19 ‘‘SEC. 234. PRIORITY.

20 ‘‘In making grants under this part, the Administrator

21 shall give priority to funding programs and activities de22 scribed in subsections (a)(2) and (b)(1) of section 233.
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1 ‘‘PART D—DEVELOPING, TESTING, AND DEM2 ONSTRATING PROMISING NEW INITIATIVES

3 AND PROGRAMS

4 ‘‘SEC. 241. GRANTS AND PROJECTS.

5 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis6 trator may make grants to, and enter into contracts with,

7 States, units of local government, Indian tribal govern8 ments, public and private agencies, organizations, and in9 dividuals, or combinations thereof, to carry out projects

10 for the development, testing, and demonstration of prom11 ising initiatives and programs for the prevention, control,

12 or reduction of juvenile delinquency.

13 ‘‘(b) DISTRIBUTION.—The Administrator shall en14 sure that, to the extent reasonable and practicable, a grant

15 made under subsection (a) is made to achieve an equitable

16 geographical distribution of such projects throughout the

17 United States.

18 ‘‘(c) USE OF GRANTS.—A grant made under sub19 section (a) may be used to pay all or part of the cost of

20 the project for which the grant is made.

21 ‘‘SEC. 242. GRANTS FOR TRAINING AND TECHNICAL ASSIST22 ANCE.

23 ‘‘The Administrator may make grants to, and enter

24 into contracts with, public and private agencies, organiza25 tions, and individuals to provide training and technical as26 sistance to States, units of local government, Indian tribal
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1 governments, local private entities or agencies, or any

2 combination thereof, to carry out the projects for which

3 grants are made under section 241.

4 ‘‘SEC. 243. ELIGIBILITY.

5 ‘‘To be eligible to receive assistance pursuant to a

6 grant or contract under this part, a public or private agen7 cy, Indian tribal government, organization, institution, in8 dividual, or combination thereof, shall submit an applica9 tion to the Administrator at such time, in such form, and

10 containing such information as the Administrator may

11 reasonably require by rule.

12 ‘‘SEC. 244. REPORTS.

13 ‘‘Each recipient of assistance pursuant to a grant or

14 contract under this part shall submit to the Administrator

15 such reports as may be reasonably requested by the Ad16 ministrator to describe progress achieved in carrying the

17 projects for which the assistance was provided.

18 ‘‘PART E—MENTORING

19 ‘‘SEC. 251. MENTORING.

20 ‘‘The purposes of this part are to, through the use

21 of mentors for at-risk youth—

22 ‘‘(1) reduce juvenile delinquency and gang par23 ticipation;

24 ‘‘(2) improve academic performance; and

25 ‘‘(3) reduce the dropout rate.
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1 ‘‘SEC. 252. DEFINITIONS.

2 ‘‘In this part:

3 ‘‘(1) AT-RISK YOUTH.—The term ‘at-risk youth’

4 means a youth at risk of educational failure, drop5 ping out of school, or involvement in criminal or de6 linquent activities.

7 ‘‘(2) MENTOR.—The term ‘mentor’ means a

8 person who works with an at-risk youth on a one9 to-one basis, provides a positive role model for the

10 youth, establishes a supportive relationship with the

11 youth, and provides the youth with academic assist12 ance and exposure to new experiences and examples

13 of opportunity that enhance the ability of the youth

14 to become a responsible adult.

15 ‘‘SEC. 253. GRANTS.

16 ‘‘(a) LOCAL EDUCATIONAL GRANTS.—The Adminis17 trator shall make grants to local education agencies and

18 nonprofit organizations to establish and support programs

19 and activities for the purpose of implementing mentoring

20 programs that—

21 ‘‘(1) are designed to link at-risk children, par22 ticularly children living in high crime areas and chil23 dren experiencing educational failure, with respon24 sible adults such as law enforcement officers, per25 sons working with local businesses, elders in Alaska
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1 Native villages, and adults working for community2 based organizations and agencies; and

3 ‘‘(2) are intended to—

4 ‘‘(A) provide general guidance to at-risk

5 youth;

6 ‘‘(B) promote personal and social responsi7 bility among at-risk youth;

8 ‘‘(C) increase participation by at-risk youth

9 in, and enhance the ability of at-risk youth to

10 benefit from, elementary and secondary edu11 cation;

12 ‘‘(D) discourage the use of illegal drugs,

13 violence, and dangerous weapons by at-risk

14 youth, and discourage other criminal activity;

15 ‘‘(E) discourage involvement of at-risk

16 youth in gangs; or

17 ‘‘(F) encourage at-risk youth to participate

18 in community service and community activities.

19 ‘‘(b) FAMILY-TO-FAMILY MENTORING GRANTS.—

20 ‘‘(1) DEFINITIONS.—In this subsection:

21 ‘‘(A) FAMILY-TO-FAMILY MENTORING PRO22 GRAM.—The term ‘family-to-family mentoring

23 program’ means a mentoring program that—

24 ‘‘(i) utilizes a 2-tier mentoring ap25 proach that matches volunteer families
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1 with at-risk families allowing parents to

2 work directly with parents and children to

3 work directly with children; and

4 ‘‘(ii) has an after-school program for

5 volunteer and at-risk families.

6 ‘‘(B) POSITIVE ALTERNATIVES PRO7 GRAM.—The term ‘positive alternatives pro8 gram’ means a positive youth development and

9 family-to-family mentoring program that em10 phasizes drug and gang prevention components.

11 ‘‘(C) QUALIFIED POSITIVE ALTERNATIVES

12 PROGRAM.—The term ‘qualified positive alter13 natives program’ means a positive alternatives

14 program that has established a family-to-family

15 mentoring program, as of the date of enactment

16 of the Juvenile Crime Prevention and Control

17 Act of 2001.

18 ‘‘(2) AUTHORITY.—The Administrator shall

19 make and enter into contracts with a qualified posi20 tive alternatives program.

21 ‘‘SEC. 254. REGULATIONS AND GUIDELINES.

22 ‘‘(a) PROGRAM GUIDELINES.—To implement this

23 part, the Administrator shall issue program guidelines

24 which shall be effective only after a period for public notice

25 and comment.
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1 ‘‘(b) MODEL SCREENING GUIDELINES.—The Admin2 istrator shall develop and distribute to program partici3 pants specific model guidelines for the screening of pro4 spective program mentors.

5 ‘‘SEC. 255. USE OF GRANTS.

6 ‘‘(a) PERMITTED USES.—Grants awarded under this

7 part shall be used to implement mentoring programs,

8 including—

9 ‘‘(1) the hiring of mentoring coordinators and

10 support staff;

11 ‘‘(2) the recruitment, screening, and training of

12 adult mentors;

13 ‘‘(3) the reimbursement of mentors for reason14 able incidental expenditures, such as transportation,

15 that are directly associated with mentoring; and

16 ‘‘(4) such other purposes as the Administrator

17 may reasonably prescribe by regulation.

18 ‘‘(b) PROHIBITED USES.—Grants awarded pursuant

19 to this part shall not be used—

20 ‘‘(1) to directly compensate mentors, except as

21 provided pursuant to subsection (a)(3);

22 ‘‘(2) to obtain educational or other materials or

23 equipment that would otherwise be used in the ordi24 nary course of the operations of the grantee;

25 ‘‘(3) to support litigation of any kind; or
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1 ‘‘(4) for any other purpose reasonably prohib2 ited by the Administrator by regulation.

3 ‘‘SEC. 256. PRIORITY.

4 ‘‘(a) IN GENERAL.—In making grants under this

5 part, the Administrator shall give priority for awarding

6 grants to applicants that—

7 ‘‘(1) serve at-risk youth in high crime areas;

8 ‘‘(2) have 60 percent or more of the youth eligi9 ble to receive funds under the Elementary and Sec10 ondary Education Act of 1965; and

11 ‘‘(3) have a considerable number of youths who

12 drop out of school each year.

13 ‘‘(b) OTHER CONSIDERATIONS.—In making grants

14 under this part, the Administrator shall give consideration

15 to—

16 ‘‘(1) the geographic distribution (urban and

17 rural) of applications;

18 ‘‘(2) the quality of a mentoring plan,

19 including—

20 ‘‘(A) the resources, if any, that will be

21 dedicated to providing participating youth with

22 opportunities for job training or postsecondary

23 education; and

24 ‘‘(B) the degree to which parents, teachers,

25 community-based organizations, and the local
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1 community participate in the design and imple2 mentation of the mentoring plan; and

3 ‘‘(3) the capability of the applicant to effectively

4 implement the mentoring plan.

5 ‘‘SEC. 257. APPLICATIONS.

6 ‘‘An application for assistance under this part shall

7 include—

8 ‘‘(1) information on the youth expected to be

9 served by the program;

10 ‘‘(2) a provision for a mechanism for matching

11 youth with mentors based on the needs of the youth;

12 ‘‘(3) an assurance that no mentor or mentoring

13 family will be assigned a number of youths that

14 would undermine the ability of that mentor to be an

15 effective mentor and ensure a one-to-one relationship

16 with mentored youths;

17 ‘‘(4) an assurance that projects operated in sec18 ondary schools will provide the youth with a variety

19 of experiences and support, including—

20 ‘‘(A) an opportunity to spend time in a

21 work environment and, when possible, partici22 pate in the work environment;

23 ‘‘(B) an opportunity to witness the job

24 skills that will be required for the youth to ob25 tain employment upon graduation;
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1 ‘‘(C) assistance with homework assign2 ments; and

3 ‘‘(D) exposure to experiences that the

4 youth might not otherwise encounter;

5 ‘‘(5) an assurance that projects operated in ele6 mentary schools will provide the youth with—

7 ‘‘(A) academic assistance;

8 ‘‘(B) exposure to new experiences and ac9 tivities that the youth may not otherwise en10 counter; and

11 ‘‘(C) emotional support;

12 ‘‘(6) an assurance that projects will be mon13 itored to ensure that each youth benefits from a

14 mentor relationship, and will include a provision for

15 a new mentor assignment if the relationship is not

16 beneficial to the youth;

17 ‘‘(7) the method by which a mentor and a youth

18 will be recruited to the project;

19 ‘‘(8) the method by which a prospective mentor

20 will be screened; and

21 ‘‘(9) the training that will be provided to a

22 mentor.

23 ‘‘SEC. 258. GRANT CYCLES.

24 ‘‘Each grant under this part shall be made for a 3-

25 year period.
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1 ‘‘SEC. 259. FAMILY MENTORING PROGRAM.

2 ‘‘(a) DEFINITIONS.—In this section:

3 ‘‘(1) COOPERATIVE EXTENSION SERVICES.—

4 The term ‘cooperative extension services’ has the

5 meaning given that term in section 1404 of the Na6 tional Agricultural Research, Extension, and Teach7 ing Policy Act of 1977 (7 U.S.C. 3103).

8 ‘‘(2) FAMILY MENTORING PROGRAM.—The term

9 ‘family mentoring program’ means a mentoring pro10 gram that—

11 ‘‘(A) utilizes a 2-tier mentoring approach

12 that uses college age or young adult mentors

13 working directly with at-risk youth and uses re14 tirement-age couples working with the parents

15 and siblings of at-risk youth; and

16 ‘‘(B) has a local advisory board to provide

17 direction and advice to program administrators.

18 ‘‘(3) QUALIFIED COOPERATIVE EXTENSION

19 SERVICE.—The term ‘qualified cooperative extension

20 service’ means a cooperative extension service that

21 has established a family mentoring program, as of

22 the date of enactment of the Juvenile Crime Preven23 tion and Control Act of 2001.

24 ‘‘(b) MODEL PROGRAM.—The Administrator, in co25 operation with the Secretary of Agriculture, shall make

26 a grant to a qualified cooperative extension service for the
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1 purpose of expanding and replicating family mentoring

2 programs to reduce the incidence of juvenile crime and

3 delinquency among at-risk youth.

4 ‘‘(c) ESTABLISHMENT OF NEW FAMILY MENTORING

5 PROGRAMS.—

6 ‘‘(1) IN GENERAL.—The Administrator, in co7 operation with the Secretary of Agriculture, may

8 make 1 or more grants to cooperative extension serv9 ices for the purpose of establishing family mentoring

10 programs to reduce the incidence of juvenile crime

11 and delinquency among at-risk youth.

12 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

13 MATCHING FUNDS.—

14 ‘‘(A) IN GENERAL.—The amount of a

15 grant under this subsection may not exceed 35

16 percent of the total costs of the program funded

17 by the grant.

18 ‘‘(B) SOURCE OF MATCH.—Matching funds

19 for grants under this subsection may be derived

20 from amounts made available to a State under

21 subsections (b) and (c) of section 3 of the

22 Smith-Lever Act (7 U.S.C. 343), except that

23 the total amount derived from Federal sources

24 may not exceed 70 percent of the total cost of

25 the program funded by the grant.
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1 ‘‘PART F—ADMINISTRATIVE PROVISIONS

2 ‘‘SEC. 261. AUTHORIZATION OF APPROPRIATIONS.

3 ‘‘(a) IN GENERAL.—There is authorized to be appro4 priated to carry out this title, and to carry out part R

5 of title I of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3796ee et seq.), $1,065,000,000

7 for each of fiscal years 2002 through 2007.

8 ‘‘(b) ALLOCATION OF APPROPRIATIONS.—Of the

9 amount made available under subsection (a) for each fiscal

10 year—

11 ‘‘(1) $500,000,000 shall be for programs under

12 sections 1801 and 1803 of part R of title I of the

13 Omnibus Crime Control and Safe Streets Act of

14 1968 (42 U.S.C. 3796ee et seq.);

15 ‘‘(2) $75,000,000 shall be for grants for juve16 nile criminal history records upgrades pursuant to

17 section 1802 of part R of title I of the Omnibus

18 Crime Control and Safe Streets Act of 1968 (42

19 U.S.C. 3796ee–1);

20 ‘‘(3) $250,000,000 shall be for programs under

21 section 204 of part A of this title;

22 ‘‘(4) $200,000,000 shall be for programs under

23 part B of this title;

24 ‘‘(5) $20,000,000 shall be for programs under

25 parts C and D of this title; and
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1 ‘‘(6) $20,000,000 shall be for programs under

2 part E of this title, of which $3,000,000 shall be for

3 programs under section 259.

4 ‘‘(c) SOURCE OF SUMS.—Amounts authorized to be

5 appropriated pursuant to this section may be derived from

6 the Violent Crime Reduction Trust Fund.

7 ‘‘(d) ADMINISTRATION AND OPERATIONS.—There is

8 authorized to be appropriated for the administration and

9 operation of the Office of Juvenile Crime Control and Pre10 vention such sums as may be necessary for each of fiscal

11 years 2002 through 2007.

12 ‘‘(e) AVAILABILITY OF FUNDS.—Amounts made

13 available pursuant to this section and allocated in accord14 ance with this title in any fiscal year shall remain available

15 until expended.

16 ‘‘SEC. 262. ADMINISTRATIVE PROVISIONS.

17 ‘‘(a) AUTHORITY OF ADMINISTRATOR.—The Office

18 shall be administered by the Administrator under the gen19 eral authority of the Attorney General.

20 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

21 PROVISIONS.—Sections 809(c), 811(a), 811(b), 811(c),

22 812(a), 812(b), and 812(d) of the Omnibus Crime Control

23 and Safe Streets Act of 1968 (42 U.S.C. 3789d(c),

24 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), and

25 3789g(d)) shall apply with respect to the administration
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1 of and compliance with this title, except that for purposes

2 of this Act—

3 ‘‘(1) any reference to the Office of Justice Pro4 grams in such sections shall be considered to be a

5 reference to the Assistant Attorney General who

6 heads the Office of Justice Programs; and

7 ‘‘(2) the term ‘this title’ as it appears in such

8 sections shall be considered to be a reference to this

9 title.

10 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

11 CONTROL PROVISIONS.—Sections 801(a), 801(c), and 806

12 of the Omnibus Crime Control and Safe Streets Act of

13 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

14 with respect to the administration of and compliance with

15 this title, except that, for purposes of this title—

16 ‘‘(1) any reference to the Attorney General, the

17 Assistant Attorney General who heads the Office of

18 Justice Programs, the Director of the National In19 stitute of Justice, the Director of the Bureau of Jus20 tice Statistics, or the Director of the Bureau of Jus21 tice Assistance shall be considered to be a reference

22 to the Administrator;

23 ‘‘(2) any reference to the Office of Justice Pro24 grams, the Bureau of Justice Assistance, the Na25 tional Institute of Justice, or the Bureau of Justice
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1 Statistics shall be considered to be a reference to the

2 Office of Juvenile Crime Control and Prevention;

3 and

4 ‘‘(3) the term ‘this title’ as it appears in those

5 sections shall be considered to be a reference to this

6 title.

7 ‘‘(d) RULES, REGULATIONS, AND PROCEDURES.—

8 The Administrator may, after appropriate consultation

9 with representatives of States and units of local govern10 ment, and an opportunity for notice and comment in ac11 cordance with subchapter II of chapter 5 of title 5, United

12 States Code, establish such rules, regulations, and proce13 dures as are necessary for the exercise of the functions

14 of the Office and as are consistent with the purpose of

15 this Act.

16 ‘‘(e) WITHHOLDING.—The Administrator shall ini17 tiate such proceedings as the Administrator determines to

18 be appropriate if the Administrator, after giving reason19 able notice and opportunity for hearing to a recipient of

20 financial assistance under this title, finds that—

21 ‘‘(1) the program or activity for which the

22 grant or contract involved was made has been so

23 changed that the program or activity no longer com24 plies with this title; or
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1 ‘‘(2) in the operation of such program or activ2 ity there is failure to comply substantially with any

3 provision of this title.’’.

4 (b) REPEAL.—Title V of the Juvenile Justice and De5 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

6 is repealed.

7 SEC. 103. JUVENILE OFFENDER ACCOUNTABILITY.

8 (a) GRANT PROGRAM.—Part R of title I of the Omni9 bus Crime Control and Safe Streets Act of 1968 (42

10 U.S.C. 3796ee et seq.) is amended to read as follows:

11 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

12 GRANTS

13 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

14 ‘‘(a) IN GENERAL.—The Attorney General is author15 ized to provide grants to States, for use by States and

16 units of local government, and in certain cases directly to

17 specially qualified units.

18 ‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a

19 State or a unit of local government under this part shall

20 be used by the State or unit of local government for the

21 purpose of strengthening the juvenile justice system,

22 which includes—

23 ‘‘(1) developing, implementing, and admin24 istering graduated sanctions for juvenile offenders;
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1 ‘‘(2) building, expanding, renovating, or oper2 ating temporary or permanent juvenile correction,

3 detention, or community corrections facilities;

4 ‘‘(3) hiring juvenile court judges, probation offi5 cers, and court-appointed defenders and special ad6 vocates, and funding pretrial services for juvenile of7 fenders, to promote the effective and expeditious ad8 ministration of the juvenile justice system;

9 ‘‘(4) hiring additional prosecutors, so that more

10 cases involving violent juvenile offenders can be

11 prosecuted and case backlogs reduced;

12 ‘‘(5) providing funding to enable prosecutors to

13 address drug, gang, and youth violence problems

14 more effectively and for technology, equipment, and

15 training to assist prosecutors in identifying and ex16 pediting the prosecution of violent juvenile offenders;

17 ‘‘(6) establishing and maintaining training pro18 grams for law enforcement and other court per19 sonnel with respect to preventing and controlling ju20 venile crime;

21 ‘‘(7) establishing juvenile gun courts for the

22 prosecution and adjudication of juvenile firearms of23 fenders;

24 ‘‘(8) establishing drug court programs for juve25 nile offenders that provide continuing judicial super-
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1 vision over juvenile offenders with substance abuse

2 problems and the integrated administration of other

3 sanctions and services for such offenders;

4 ‘‘(9) establishing and maintaining a system of

5 juvenile records designed to promote public safety;

6 ‘‘(10) establishing and maintaining interagency

7 information-sharing programs that enable the juve8 nile and criminal justice system, schools, and social

9 services agencies to make more informed decisions

10 regarding the early identification, control, super11 vision, and treatment of juveniles who repeatedly

12 commit serious delinquent or criminal acts;

13 ‘‘(11) establishing and maintaining account14 ability-based programs designed to reduce recidivism

15 among juveniles who are referred by law enforce16 ment personnel or agencies;

17 ‘‘(12) establishing and maintaining programs to

18 conduct risk and need assessments of juvenile of19 fenders that facilitate the effective early intervention

20 and the provision of comprehensive services, includ21 ing mental health screening and treatment and sub22 stance abuse testing and treatment to such offend23 ers;
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1 ‘‘(13) establishing and maintaining account2 ability-based programs that are designed to enhance

3 school safety;

4 ‘‘(14) establishing and maintaining restorative

5 justice programs;

6 ‘‘(15) establishing and maintaining programs to

7 enable juvenile courts and juvenile probation officers

8 to be more effective and efficient in holding juvenile

9 offenders accountable and reducing recidivism; and

10 ‘‘(16) hiring detention and corrections per11 sonnel, and establishing and maintaining training

12 programs for such personnel to improve facility

13 practices and programming.

14 ‘‘(c) DEFINITION.—In this section the term ‘restora15 tive justice program’ means—

16 ‘‘(1) a program that emphasizes the moral ac17 countability of an offender toward the victim and the

18 affected community; and

19 ‘‘(2) may include community reparations

20 boards, restitution (in the form of monetary pay21 ment or service to the victim or, where no victim can

22 be identified, service to the affected community),

23 and mediation between victim and offender.
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1 ‘‘SEC. 1802. GRANT ELIGIBILITY.

2 ‘‘(a) STATE ELIGIBILITY.—To be eligible to receive

3 a grant under this part, a State shall submit to the Attor4 ney General an application at such time, in such form,

5 and containing such assurances and information as the

6 Attorney General may require by guidelines, including—

7 ‘‘(1) information about—

8 ‘‘(A) the activities proposed to be carried

9 out with such grant; and

10 ‘‘(B) the criteria by which the State pro11 poses to assess the effectiveness of such activi12 ties on achieving the purposes of this part; and

13 ‘‘(2) assurances that the State and any unit of

14 local government to which the State provides fund15 ing under section 1803(b), has in effect (or shall

16 have in effect, not later than 1 year after the date

17 that the State submits such application) laws, or has

18 implemented (or shall implement, not later than 1

19 year after the date that the State submits such ap20 plication) policies and programs, that provide for a

21 system of graduated sanctions described in sub22 section (c).

23 ‘‘(b) LOCAL ELIGIBILITY.—

24 ‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to

25 receive a subgrant, a unit of local government, other
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1 than a specially qualified unit, shall provide to the

2 State—

3 ‘‘(A) information about—

4 ‘‘(i) the activities proposed to be car5 ried out with such subgrant; and

6 ‘‘(ii) the criteria by which the unit

7 proposes to assess the effectiveness of such

8 activities on achieving the purposes of this

9 part; and

10 ‘‘(B) such assurances as the State shall re11 quire, that, to the maximum extent applicable,

12 the unit of local government has in effect (or

13 shall have in effect, not later than 1 year after

14 the date that the unit submits such application)

15 laws, or has implemented (or shall implement,

16 not later than 1 year after the date that the

17 unit submits such application) policies and pro18 grams, that provide for a system of graduated

19 sanctions described in subsection (c).

20 ‘‘(2) SPECIAL RULE.—The requirements of

21 paragraph (1) shall apply to a specially qualified

22 unit that receives funds from the Attorney General

23 under section 1803(e), except that information that

24 is otherwise required to be submitted to the State

25 shall be submitted to the Attorney General.
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1 ‘‘(c) GRADUATED SANCTIONS.—A system of grad2 uated sanctions, which may be discretionary as provided

3 in subsection (d), shall ensure, at a minimum, that—

4 ‘‘(1) sanctions are imposed on a juvenile of5 fender for each delinquent offense;

6 ‘‘(2) sanctions escalate in intensity with each

7 subsequent, more serious delinquent offense;

8 ‘‘(3) there is sufficient flexibility to allow for in9 dividualized sanctions and services suited to the indi10 vidual juvenile offender; and

11 ‘‘(4) appropriate consideration is given to public

12 safety and victims of crime.

13 ‘‘(d) DISCRETIONARY USE OF SANCTIONS.—

14 ‘‘(1) VOLUNTARY PARTICIPATION.—A State or

15 unit of local government may be eligible to receive

16 a grant under this part if—

17 ‘‘(A) its system of graduated sanctions is

18 discretionary; and

19 ‘‘(B) it demonstrates that it has promoted

20 the use of a system of graduated sanctions by

21 taking steps to encourage implementation of

22 such a system by juvenile courts.

23 ‘‘(2) REPORTING REQUIREMENT IF GRADUATED

24 SANCTIONS NOT USED.—
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1 ‘‘(A) JUVENILE COURTS.—A State or unit

2 of local government in which the imposition of

3 graduated sanctions is discretionary shall re4 quire each juvenile court within its

5 jurisdiction—

6 ‘‘(i) which has not implemented a sys7 tem of graduated sanctions, to submit an

8 annual report that explains why such court

9 did not implement graduated sanctions;

10 and

11 ‘‘(ii) which has implemented a system

12 of graduated sanctions but has not im13 posed graduated sanctions in all cases, to

14 submit an annual report that explains why

15 such court did not impose graduated sanc16 tions in all cases.

17 ‘‘(B) UNITS OF LOCAL GOVERNMENT.—

18 Each unit of local government, other than a

19 specially qualified unit, that has 1 or more juve20 nile courts that use a discretionary system of

21 graduated sanctions shall collect the informa22 tion reported under subparagraph (A) for sub23 mission to the State each year.

24 ‘‘(C) STATES.—Each State and specially

25 qualified unit that has 1 or more juvenile courts
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1 that use a discretionary system of graduated

2 sanctions shall collect the information reported

3 under subparagraph (A) for submission to the

4 Attorney General each year. A State shall also

5 collect and submit to the Attorney General the

6 information collected under subparagraph (B).

7 ‘‘(e) DEFINITIONS.—In this section:

8 ‘‘(1) DISCRETIONARY.—The term ‘discre9 tionary’ means that a system of graduated sanctions

10 is not required to be imposed by each and every ju11 venile court in a State or unit of local government.

12 ‘‘(2) SANCTIONS.—The term ‘sanctions’ means

13 tangible, proportional consequences that hold the ju14 venile offender accountable for the offense com15 mitted. A sanction may include counseling, restitu16 tion, community service, a fine, supervised proba17 tion, or confinement.

18 ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

19 ‘‘(a) STATE ALLOCATION.—

20 ‘‘(1) IN GENERAL.—In accordance with regula21 tions promulgated pursuant to this part and except

22 as provided in paragraph (3), the Attorney General

23 shall allocate—

24 ‘‘(A) 0.25 percent for each State; and
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1 ‘‘(B) of the total funds remaining after the

2 allocation under subparagraph (A), to each

3 State, an amount which bears the same ratio to

4 the amount of remaining funds described in this

5 subparagraph as the population of people under

6 the age of 18 living in such State for the most

7 recent calendar year in which such data is

8 available bears to the population of people

9 under the age of 18 of all the States for such

10 fiscal year.

11 ‘‘(2) PROHIBITION.—No funds allocated to a

12 State under this subsection or received by a State

13 for distribution under subsection (b) may be distrib14 uted by the Attorney General or by the State in15 volved for any program other than a program con16 tained in an approved application.

17 ‘‘(b) LOCAL DISTRIBUTION.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), each State which receives funds under

20 subsection (a)(1) in a fiscal year shall distribute

21 among units of local government, for the purposes

22 specified in section 1801, not less than 75 percent

23 of such amounts received.

24 ‘‘(2) WAIVER.—The percentage referred to in

25 paragraph (1) shall equal the percentage determined
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1 by subtracting the State percentage from 100 per2 cent, if a State submits to the Attorney General an

3 application for waiver that demonstrates and cer4 tifies to the Attorney General that—

5 ‘‘(A) the State’s juvenile justice expendi6 tures in the fiscal year preceding the date in

7 which an application is submitted under this

8 part (the ‘State percentage’) is more than 25

9 percent of the aggregate amount of juvenile jus10 tice expenditures by the State and its eligible

11 units of local government; and

12 ‘‘(B) the State has consulted with as many

13 units of local government in such State, or or14 ganizations representing such units, as prac15 ticable regarding the State’s calculation of ex16 penditures under subparagraph (A), the State’s

17 application for waiver under this paragraph,

18 and the State’s proposed uses of funds.

19 ‘‘(3) ALLOCATION.—In making the distribution

20 under paragraph (1), the State shall allocate to such

21 units of local government an amount which bears

22 the same ratio to the aggregate amount of such

23 funds as—

24 ‘‘(A) the sum of—

25 ‘‘(i) the product of—
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1 ‘‘(I) three-quarters; multiplied by

2 ‘‘(II) the average juvenile justice

3 expenditure for such unit of local gov4 ernment for the 3 most recent cal5 endar years for which such data is

6 available; plus

7 ‘‘(ii) the product of—

8 ‘‘(I) one-quarter; multiplied by

9 ‘‘(II) the average annual number

10 of part 1 violent crimes in such unit

11 of local government for the 3 most re12 cent calendar years for which such

13 data is available, bears to—

14 ‘‘(B) the sum of the products determined

15 under subparagraph (A) for all such units of

16 local government in the State.

17 ‘‘(4) EXPENDITURES.—The allocation any unit

18 of local government shall receive under paragraph

19 (3) for a payment period shall not exceed 100 per20 cent of juvenile justice expenditures of the unit for

21 such payment period.

22 ‘‘(5) REALLOCATION.—The amount of any unit

23 of local government’s allocation that is not available

24 to such unit by operation of paragraph (4) shall be

25 available to other units of local government that are
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1 not affected by such operation in accordance with

2 this subsection.

3 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF

4 LOCAL GOVERNMENT.—If the State has reason to believe

5 that the reported rate of part 1 violent crimes or juvenile

6 justice expenditures for a unit of local government is in7 sufficient or inaccurate, the State shall—

8 ‘‘(1) investigate the methodology used by the

9 unit to determine the accuracy of the submitted

10 data; and

11 ‘‘(2) if necessary, use the best available com12 parable data regarding the number of violent crimes

13 or juvenile justice expenditures for the relevant years

14 for the unit of local government.

15 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

16 THAN $10,000.—If under this section a unit of local gov17 ernment is allocated less than $10,000 for a payment pe18 riod, the amount allotted shall be expended by the State

19 on services to units of local government whose allotment

20 is less than such amount in a manner consistent with this

21 part.

22 ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED

23 UNITS.—

24 ‘‘(1) IN GENERAL.—If a State does not qualify

25 or apply for funds reserved for allocation under sub-
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1 section (a) by the application deadline established by

2 the Attorney General, the Attorney General shall re3 serve not more than 75 percent of the allocation that

4 the State would have received under subsection (a)

5 for such fiscal year to provide grants to specially

6 qualified units which meet the requirements for

7 funding under section 1802.

8 ‘‘(2) AWARD BASIS.—In addition to the quali9 fication requirements for direct grants for specially

10 qualified units the Attorney General may use the av11 erage amount allocated by the States to units of

12 local government as a basis for awarding grants

13 under this section.

14 ‘‘SEC. 1804. GUIDELINES.

15 ‘‘(a) IN GENERAL.—The Attorney General shall issue

16 guidelines establishing procedures under which a State or

17 unit of local government that receives funds under section

18 1803 is required to provide notice to the Attorney General

19 regarding the proposed use of funds made available under

20 this part.

21 ‘‘(b) ADVISORY BOARD.—

22 ‘‘(1) IN GENERAL.—The guidelines referred to

23 in subsection (a) shall include a requirement that

24 such eligible State or unit of local government estab-
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1 lish and convene an advisory board to review the

2 proposed uses of such funds.

3 ‘‘(2) MEMBERSHIP.—The board shall include

4 representation from, if appropriate—

5 ‘‘(A) the State or local police department;

6 ‘‘(B) the local sheriff’s department;

7 ‘‘(C) the State or local prosecutor’s office;

8 ‘‘(D) the State or local juvenile court;

9 ‘‘(E) the State or local probation officer;

10 ‘‘(F) the State or local educational agency;

11 ‘‘(G) a State or local social service agency;

12 ‘‘(H) a nonprofit, nongovernmental victim

13 advocacy organization; and

14 ‘‘(I) a nonprofit, religious, or community

15 group.

16 ‘‘SEC. 1805. PAYMENT REQUIREMENTS.

17 ‘‘(a) TIMING OF PAYMENTS.—The Attorney General

18 shall pay to each State or unit of local government that

19 receives funds under section 1803 that has submitted an

20 application under this part not later than the later of—

21 ‘‘(1) 180 days after the date that the amount

22 is available, or

23 ‘‘(2) the first day of the payment period if the

24 State has provided the Attorney General with the as25 surances required by subsection (c).
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1 ‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—

2 ‘‘(1) REPAYMENT REQUIRED.—From amounts

3 awarded under this part, a State or specially quali4 fied unit shall repay to the Attorney General, before

5 the expiration of the 36-month period beginning on

6 the date of the award, any amount that is not ex7 pended by such State or unit.

8 ‘‘(2) EXTENSION.—The Attorney General may

9 adopt policies and procedures providing for a one10 time extension, by not more than 12 months, of the

11 period referred to in paragraph (1).

12 ‘‘(3) PENALTY FOR FAILURE TO REPAY.—If the

13 amount required to be repaid is not repaid, the At14 torney General shall reduce payment in future pay15 ment periods accordingly.

16 ‘‘(4) DEPOSIT OF AMOUNTS REPAID.—Amounts

17 received by the Attorney General as repayments

18 under this subsection shall be deposited in a des19 ignated fund for future payments to States and spe20 cially qualified units.

21 ‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of

22 local government that receives funds under this part may

23 use not more than 5 percent of such funds to pay for ad24 ministrative costs.
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1 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds

2 made available under this part to States and units of local

3 government shall not be used to supplant State or local

4 funds as the case may be, but shall be used to increase

5 the amount of funds that would, in the absence of funds

6 made available under this part, be made available from

7 State or local sources, as the case may be.

8 ‘‘(e) MATCHING FUNDS.—

9 ‘‘(1) IN GENERAL.—The Federal share of a

10 grant received under this part may not exceed 90

11 percent of the total program costs.

12 ‘‘(2) CONSTRUCTION OF FACILITIES.—Notwith13 standing paragraph (1), with respect to the cost of

14 constructing juvenile detention or correctional facili15 ties, the Federal share of a grant received under this

16 part may not exceed 50 percent of approved cost.

17 ‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

18 ‘‘Funds or a portion of funds allocated under this

19 part may be used by a State or unit of local government

20 that receives a grant under this part to contract with pri21 vate, nonprofit entities, or community-based organizations

22 to carry out the purposes specified under section 1801(b).

23 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

24 ‘‘(a) IN GENERAL.—A State or specially qualified

25 unit that receives funds under this part shall—
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1 ‘‘(1) establish a trust fund in which the govern2 ment will deposit all payments received under this

3 part;

4 ‘‘(2) use amounts in the trust fund (including

5 interest) during the period specified in section

6 1805(b)(1) and any extension of that period under

7 section 1805(b)(2);

8 ‘‘(3) designate an official of the State or spe9 cially qualified unit to submit reports as the Attor10 ney General reasonably requires, in addition to the

11 annual reports required under this part; and

12 ‘‘(4) spend the funds only for the purposes

13 under section 1801(b).

14 ‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro15 vided, the administrative provisions of part H shall apply

16 to this part and for purposes of this section any reference

17 in such provisions to title I shall be deemed to include

18 a reference to this part.

19 ‘‘SEC. 1808. ASSESSMENT REPORTS.

20 ‘‘(a) REPORTS TO ATTORNEY GENERAL.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), for each fiscal year for which a grant or

23 subgrant is awarded under this part, each State or

24 unit of local government that receives such a grant

25 or subgrant shall submit to the Attorney General a
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1 report, at such time and in such manner as the At2 torney General may reasonably require, which report

3 shall include—

4 ‘‘(A) a summary of the activities carried

5 out with such grant or subgrant; and

6 ‘‘(B) an assessment of the effectiveness of

7 such activities on achieving the purposes of this

8 part.

9 ‘‘(2) WAIVERS.—The Attorney General may

10 waive the requirement of an assessment in para11 graph (1)(B) for a State or unit of local government

12 if the Attorney General determines that—

13 ‘‘(A) the nature of the activities are such

14 that assessing their effectiveness would not be

15 practical or insightful;

16 ‘‘(B) the amount of the grant or subgrant

17 is such that carrying out the assessment would

18 not be an effective use of those amounts; or

19 ‘‘(C) the resources available to the State or

20 unit are such that carrying out the assessment

21 would pose a financial hardship on the State or

22 unit.

23 ‘‘(b) REPORTS TO CONGRESS.—Not later than 90

24 days after the last day of each fiscal year for which 1 or

25 more grants are awarded under this part, the Attorney
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•S 1165 IS

1 General shall submit to the Congress a report, which shall

2 include—

3 ‘‘(1) a summary of the information provided

4 under subsection (a);

5 ‘‘(2) the assessment of the Attorney General of

6 the grant program carried out under this part; and

7 ‘‘(3) such other information as the Attorney

8 General considers appropriate.

9 ‘‘SEC. 1809. DEFINITIONS.

10 ‘‘In this part:

11 ‘‘(1) UNIT OF LOCAL GOVERNMENT.—The term

12 ‘unit of local government’ means—

13 ‘‘(A) a county, township, city, or political

14 subdivision of a county, township, or city, that

15 is a unit of local government as determined by

16 the Secretary of Commerce for general statis17 tical purposes;

18 ‘‘(B) any law enforcement district or judi19 cial enforcement district that—

20 ‘‘(i) is established under applicable

21 State law; and

22 ‘‘(ii) has the authority, in a manner

23 independent of other State entities, to es24 tablish a budget and raise revenues; and
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1 ‘‘(C) the District of Columbia and the rec2 ognized governing body of an Indian tribe or

3 Alaskan Native village that carries out substan4 tial governmental duties and powers.

5 ‘‘(2) SPECIALLY QUALIFIED UNIT.—The term

6 ‘specially qualified unit’ means a unit of local gov7 ernment which may receive funds under this part

8 only in accordance with section 1803(e).

9 ‘‘(3) STATE.—The term ‘State’ means any

10 State of the United States, the District of Columbia,

11 the Commonwealth of Puerto Rico, the Virgin Is12 lands, American Samoa, Guam, and the Northern

13 Mariana Islands, except that American Samoa,

14 Guam, and the Northern Mariana Islands shall be

15 considered as 1 State and that, for purposes of sec16 tion 1803(a), 33 percent of the amounts allocated

17 shall be allocated to American Samoa, 50 percent to

18 Guam, and 17 percent to the Northern Mariana Is19 lands.

20 ‘‘(4) JUVENILE.—The term ‘juvenile’ means an

21 individual who is 17 years of age or younger.

22 ‘‘(5) JUVENILE JUSTICE EXPENDITURES.—The

23 term ‘juvenile justice expenditures’ means expendi24 tures in connection with the juvenile justice system,
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1 including expenditures in connection with such sys2 tem to carry out—

3 ‘‘(A) activities specified in section 1801(b);

4 and

5 ‘‘(B) other activities associated with pros6 ecutorial and judicial services and corrections as

7 reported to the Bureau of the Census for the

8 fiscal year preceding the fiscal year for which a

9 determination is made under this part.

10 ‘‘(6) PART 1 VIOLENT CRIMES.—The term ‘part

11 1 violent crimes’ means murder and nonnegligent

12 manslaughter, forcible rape, robbery, and aggravated

13 assault as reported to the Federal Bureau of Inves14 tigation for purposes of the Uniform Crime Reports.

15 ‘‘SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) OVERSIGHT ACCOUNTABILITY AND ADMINIS17 TRATION.—

18 ‘‘(1) IN GENERAL.—Of the amount authorized

19 to be appropriated under section 261 of title II of

20 the Juvenile Justice and Delinquency Prevention Act

21 of 1974 (42 U.S.C. 5611 et seq.), there shall be

22 available to the Attorney General, for each of the fis23 cal years 2002 through 2007 (as applicable), to re24 main available until expended—
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1 ‘‘(A) not more than 2 percent of that

2 amount, for research, evaluation, and dem3 onstration consistent with this part;

4 ‘‘(B) not more than 1 percent of that

5 amount, for training and technical assistance;

6 and

7 ‘‘(C) not more than 1 percent, for adminis8 trative costs to carry out the purposes of this

9 part.

10 ‘‘(2) OVERSIGHT PLAN.—The Attorney General

11 shall establish and execute an oversight plan for

12 monitoring the activities of grant recipients.

13 ‘‘(b) FUNDING SOURCE.—Appropriations for activi14 ties authorized in this part may be made from the Violent

15 Crime Reduction Trust Fund.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on the first day of the first

18 fiscal year that begins after the date of the enactment of

19 this Act.

20 (c) TRANSITION OF JUVENILE ACCOUNTABILITY IN21 CENTIVE BLOCK GRANTS PROGRAM.—For each grant

22 made from amounts made available for the Juvenile Ac23 countability Incentive Block Grants program (as described

24 under the heading ‘‘VIOLENT CRIME REDUCTION

25 PROGRAMS, STATE AND LOCAL LAW ENFORCE-
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1 MENT ASSISTANCE’’ in the Department of Justice Ap2 propriations Act, 2000 (as enacted by Public Law 106–

3 113; 113 Stat. 1537–14)), the grant award shall remain

4 available to the grant recipient for not more than 36

5 months after the date of receipt of the grant.

6 SEC. 104. EXTENSION OF VIOLENT CRIME REDUCTION

7 TRUST FUND.

8 (a) IN GENERAL.—Section 310001(b) of the Violent

9 Crime Control and Law Enforcement Act of 1994 (42

10 U.S.C. 14211) is amended by striking paragraphs (1)

11 through (5) and inserting the following:

12 ‘‘(1) for fiscal year 2002, $6,025,000,000;

13 ‘‘(2) for fiscal year 2003, $6,169,000,000;

14 ‘‘(3) for fiscal year 2004, $6,316,000,000;

15 ‘‘(4) for fiscal year 2005, $6,458,000,000;

16 ‘‘(5) for fiscal year 2006, $6,616,000,000; and

17 ‘‘(6) for fiscal year 2007, $6,774,000,000.’’.

18 (b) DISCRETIONARY LIMITS.—Title XXXI of the Vio19 lent Crime Control and Law Enforcement Act of 1994 (42

20 U.S.C. 14211 et seq.) is amended by inserting after sec21 tion 310001 the following:

22 ‘‘SEC. 310002. DISCRETIONARY LIMITS.

23 ‘‘For the purposes of allocations made for the discre24 tionary category pursuant to section 302(a) of the Con-
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1 gressional Budget Act of 1974 (2 U.S.C. 633(a)), the term

2 ‘discretionary spending limit’ means—

3 ‘‘(1) with respect to fiscal year 2002—

4 ‘‘(A) for the discretionary category,

5 amounts of budget authority and outlays nec6 essary to adjust the discretionary spending lim7 its to reflect the changes in subparagraph (B)

8 as determined by the Chairman of the Budget

9 Committee; and

10 ‘‘(B) for the violent crime reduction cat11 egory: $6,025,000,000 in new budget authority

12 and $5,718,000,000 in outlays;

13 ‘‘(2) with respect to fiscal year 2003—

14 ‘‘(A) for the discretionary category,

15 amounts of budget authority and outlays nec16 essary to adjust the discretionary spending lim17 its to reflect the changes in subparagraph (B)

18 as determined by the Chairman of the Budget

19 Committee; and

20 ‘‘(B) for the violent crime reduction cat21 egory: $6,169,000,000 in new budget authority

22 and $6,020,000,000 in outlays;

23 ‘‘(3) with respect to fiscal year 2004—

24 ‘‘(A) for the discretionary category,

25 amounts of budget authority and outlays nec-
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1 essary to adjust the discretionary spending lim2 its to reflect the changes in subparagraph (B)

3 as determined by the Chairman of the Budget

4 Committee; and

5 ‘‘(B) for the violent crime reduction cat6 egory: $6,316,000,000 in new budget authority

7 and $6,161,000,000 in outlays;

8 ‘‘(4) with respect to fiscal year 2005—

9 ‘‘(A) for the discretionary category,

10 amounts of budget authority and outlays nec11 essary to adjust the discretionary spending lim12 its to reflect the changes in subparagraph (B)

13 as determined by the Chairman of the Budget

14 Committee; and

15 ‘‘(B) for the violent crime reduction cat16 egory: $6,458,000,000 in new budget authority

17 and $6,303,000,000 in outlays;

18 ‘‘(5) with respect to fiscal year 2006—

19 ‘‘(A) for the discretionary category,

20 amounts of budget authority and outlays nec21 essary to adjust the discretionary spending lim22 its to reflect the changes in subparagraph (B)

23 as determined by the Chairman of the Budget

24 Committee; and
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1 ‘‘(B) for the violent crime reduction cat2 egory: $6,616,000,000 in new budget authority

3 and $6,452,000,000 in outlays; and

4 ‘‘(6) with respect to fiscal year 2007—

5 ‘‘(A) for the discretionary category,

6 amounts of budget authority and outlays nec7 essary to adjust the discretionary spending lim8 its to reflect the changes in subparagraph (B)

9 and determined by the Chairman of the Budget

10 Committee; and

11 ‘‘(B) for the violent crime reduction cat12 egory: $6,774,000,000 in new budget authority

13 and $6,606,000,000 in outlays;

14 as adjusted in accordance with section 251(b) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985

16 (2 U.S.C. 901(b)) and section 314 of the Congressional

17 Budget Act of 1974;’’.

18 TITLE II—PROTECTING

19 CHILDREN FROM VIOLENCE

20 Subtitle A—Gun Show Background

21 Checks

22 SECTION 201. SHORT TITLE.

23 This subtitle may be cited as the ‘‘Gun Show Back24 ground Check Act of 2001’’.
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1 SEC. 202. FINDINGS.

2 Congress finds that—

3 (1) more than 4,400 traditional gun shows are

4 held annually across the United States, attracting

5 thousands of attendees per show and hundreds of

6 Federal firearms licensees and nonlicensed firearms

7 sellers;

8 (2) traditional gun shows, as well as flea mar9 kets and other organized events, at which a large

10 number of firearms are offered for sale by Federal

11 firearms licensees and nonlicensed firearms sellers,

12 form a significant part of the national firearms mar13 ket;

14 (3) firearms and ammunition that are exhibited

15 or offered for sale or exchange at gun shows, flea

16 markets, and other organized events move easily in

17 and substantially affect interstate commerce;

18 (4) in fact, even before a firearm is exhibited or

19 offered for sale or exchange at a gun show, flea mar20 ket, or other organized event, the gun, its component

21 parts, ammunition, and the raw materials from

22 which it is manufactured have moved in interstate

23 commerce;

24 (5) gun shows, flea markets, and other orga25 nized events at which firearms are exhibited or of26 fered for sale or exchange, provide a convenient and
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1 centralized commercial location at which firearms

2 may be bought and sold anonymously, often without

3 background checks and without records that enable

4 gun tracing;

5 (6) at gun shows, flea markets, and other orga6 nized events at which guns are exhibited or offered

7 for sale or exchange, criminals and other prohibited

8 persons obtain guns without background checks and

9 frequently use guns that cannot be traced to later

10 commit crimes;

11 (7) many persons who buy and sell firearms at

12 gun shows, flea markets, and other organized events

13 cross State lines to attend these events and engage

14 in the interstate transportation of firearms obtained

15 at these events;

16 (8) gun violence is a pervasive, national prob17 lem that is exacerbated by the availability of guns at

18 gun shows, flea markets, and other organized events;

19 (9) firearms associated with gun shows have

20 been transferred illegally to residents of another

21 State by Federal firearms licensees and nonlicensed

22 firearms sellers, and have been involved in subse23 quent crimes including drug offenses, crimes of vio24 lence, property crimes, and illegal possession of fire25 arms by felons and other prohibited persons; and
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1 (10) Congress has the power, under the inter2 state commerce clause and other provisions of the

3 Constitution of the United States, to ensure, by en4 actment of this subtitle, that criminals and other

5 prohibited persons do not obtain firearms at gun

6 shows, flea markets, and other organized events.

7 SEC. 203. EXTENSION OF BRADY BACKGROUND CHECKS TO

8 GUN SHOWS.

9 (a) DEFINITIONS.—Section 921(a) of title 18, United

10 States Code, is amended by adding at the end the fol11 lowing:

12 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any

13 event—

14 ‘‘(A) at which 50 or more firearms are offered

15 or exhibited for sale, transfer, or exchange, if 1 or

16 more of the firearms has been shipped or trans17 ported in, or otherwise affects, interstate or foreign

18 commerce; and

19 ‘‘(B) at which—

20 ‘‘(i) not less than 20 percent of the exhibi21 tors are firearm exhibitors;

22 ‘‘(ii) there are not less than 10 firearm ex23 hibitors; or

24 ‘‘(iii) 50 or more firearms are offered for

25 sale, transfer, or exchange.
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1 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show

2 promoter’ means any person who organizes, plans, pro3 motes, or operates a gun show.

4 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show

5 vendor’ means any person who exhibits, sells, offers for

6 sale, transfers, or exchanges 1 or more firearms at a gun

7 show, regardless of whether or not the person arranges

8 with the gun show promoter for a fixed location from

9 which to exhibit, sell, offer for sale, transfer, or exchange

10 1 or more firearms.’’

11 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

12 SHOWS.—

13 (1) IN GENERAL.—Chapter 44 of title 18,

14 United States Code, is amended by adding at the

15 end the following:

16 ‘‘§ 931. Regulation of firearms transfers at gun shows

17 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

18 It shall be unlawful for any person to organize, plan, pro19 mote, or operate a gun show unless that person—

20 ‘‘(1) registers with the Secretary in accordance

21 with regulations promulgated by the Secretary; and

22 ‘‘(2) pays a registration fee, in an amount de23 termined by the Secretary.
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1 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO2 MOTERS.—It shall be unlawful for any person to organize,

3 plan, promote, or operate a gun show unless that person—

4 ‘‘(1) before commencement of the gun show,

5 verifies the identity of each gun show vendor partici6 pating in the gun show by examining a valid identi7 fication document (as defined in section 1028(d)(1))

8 of the vendor containing a photograph of the vendor;

9 ‘‘(2) before commencement of the gun show, re10 quires each gun show vendor to sign—

11 ‘‘(A) a ledger with identifying information

12 concerning the vendor; and

13 ‘‘(B) a notice advising the vendor of the

14 obligations of the vendor under this chapter;

15 and

16 ‘‘(3) notifies each person who attends the gun

17 show of the requirements of this chapter, in accord18 ance with such regulations as the Secretary shall

19 prescribe; and

20 ‘‘(4) maintains a copy of the records described

21 in paragraphs (1) and (2) at the permanent place of

22 business of the gun show promoter for such period

23 of time and in such form as the Secretary shall re24 quire by regulation.
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1 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

2 THAN LICENSEES.—

3 ‘‘(1) IN GENERAL.—If any part of a firearm

4 transaction takes place at a gun show, it shall be

5 unlawful for any person who is not licensed under

6 this chapter to transfer a firearm to another person

7 who is not licensed under this chapter, unless the

8 firearm is transferred through a licensed importer,

9 licensed manufacturer, or licensed dealer in accord10 ance with subsection (e).

11 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per12 son who is subject to the requirement of paragraph

13 (1)—

14 ‘‘(A) shall not transfer the firearm to the

15 transferee until the licensed importer, licensed

16 manufacturer, or licensed dealer through which

17 the transfer is made under subsection (e)

18 makes the notification described in subsection

19 (e)(3)(A); and

20 ‘‘(B) notwithstanding subparagraph (A),

21 shall not transfer the firearm to the transferee

22 if the licensed importer, licensed manufacturer,

23 or licensed dealer through which the transfer is

24 made under subsection (e) makes the notifica25 tion described in subsection (e)(3)(B).
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1 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE2 MENTS.—Nothing in this section shall permit or au3 thorize the Secretary to impose recordkeeping re4 quirements on any nonlicensed vendor.

5 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

6 THAN LICENSEES.—

7 ‘‘(1) IN GENERAL.—If any part of a firearm

8 transaction takes place at a gun show, it shall be

9 unlawful for any person who is not licensed under

10 this chapter to receive a firearm from another per11 son who is not licensed under this chapter, unless

12 the firearm is transferred through a licensed im13 porter, licensed manufacturer, or licensed dealer in

14 accordance with subsection (e).

15 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per16 son who is subject to the requirement of paragraph

17 (1)—

18 ‘‘(A) shall not receive the firearm from the

19 transferor until the licensed importer, licensed

20 manufacturer, or licensed dealer through which

21 the transfer is made under subsection (e)

22 makes the notification described in subsection

23 (e)(3)(A); and

24 ‘‘(B) notwithstanding subparagraph (A),

25 shall not receive the firearm from the transferor
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1 if the licensed importer, licensed manufacturer,

2 or licensed dealer through which the transfer is

3 made under subsection (e) makes the notifica4 tion described in subsection (e)(3)(B).

5 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

6 importer, licensed manufacturer, or licensed dealer who

7 agrees to assist a person who is not licensed under this

8 chapter in carrying out the responsibilities of that person

9 under subsection (c) or (d) with respect to the transfer

10 of a firearm shall—

11 ‘‘(1) enter such information about the firearm

12 as the Secretary may require by regulation into a

13 separate bound record;

14 ‘‘(2) record the transfer on a form specified by

15 the Secretary;

16 ‘‘(3) comply with section 922(t) as if transfer17 ring the firearm from the inventory of the licensed

18 importer, licensed manufacturer, or licensed dealer

19 to the designated transferee (although a licensed im20 porter, licensed manufacturer, or licensed dealer

21 complying with this subsection shall not be required

22 to comply again with the requirements of section

23 922(t) in delivering the firearm to the nonlicensed

24 transferor), and notify the nonlicensed transferor

25 and the nonlicensed transferee—
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1 ‘‘(A) of such compliance; and

2 ‘‘(B) if the transfer is subject to the re3 quirements of section 922(t)(1), of any receipt

4 by the licensed importer, licensed manufacturer,

5 or licensed dealer of a notification from the na6 tional instant criminal background check sys7 tem that the transfer would violate section 922

8 or would violate State law;

9 ‘‘(4) not later than 10 days after the date on

10 which the transfer occurs, submit to the Secretary a

11 report of the transfer, which report—

12 ‘‘(A) shall be on a form specified by the

13 Secretary by regulation; and

14 ‘‘(B) shall not include the name of or other

15 identifying information relating to any person

16 involved in the transfer who is not licensed

17 under this chapter;

18 ‘‘(5) if the licensed importer, licensed manufac19 turer, or licensed dealer assists a person other than

20 a licensee in transferring, at 1 time or during any

21 5 consecutive business days, 2 or more pistols or re22 volvers, or any combination of pistols and revolvers

23 totaling 2 or more, to the same nonlicensed person,

24 in addition to the reports required under paragraph
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1 (4), prepare a report of the multiple transfers, which

2 report shall be—

3 ‘‘(A) prepared on a form specified by the

4 Secretary; and

5 ‘‘(B) not later than the close of business

6 on the date on which the transfer occurs, for7 warded to—

8 ‘‘(i) the office specified on the form

9 described in subparagraph (A); and

10 ‘‘(ii) the appropriate State law en11 forcement agency of the jurisdiction in

12 which the transfer occurs; and

13 ‘‘(6) retain a record of the transfer as part of

14 the permanent business records of the licensed im15 porter, licensed manufacturer, or licensed dealer.

16 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any

17 part of a firearm transaction takes place at a gun show,

18 each licensed importer, licensed manufacturer, and li19 censed dealer who transfers 1 or more firearms to a person

20 who is not licensed under this chapter shall, not later than

21 10 days after the date on which the transfer occurs, sub22 mit to the Secretary a report of the transfer, which

23 report—

24 ‘‘(1) shall be in a form specified by the Sec25 retary by regulation;
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1 ‘‘(2) shall not include the name of or other

2 identifying information relating to the transferee;

3 and

4 ‘‘(3) shall not duplicate information provided in

5 any report required under subsection (e)(4).

6 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec7 tion, the term ‘firearm transaction’—

8 ‘‘(1) includes the offer for sale, sale, transfer,

9 or exchange of a firearm; and

10 ‘‘(2) does not include the mere exhibition of a

11 firearm.’’.

12 (2) PENALTIES.—Section 924(a) of title 18,

13 United States Code, is amended by adding at the

14 end the following:

15 ‘‘(7)(A) Whoever knowingly violates section 931(a)

16 shall be fined under this title, imprisoned not more than

17 5 years, or both.

18 ‘‘(B) Whoever knowingly violates subsection (b) or (c)

19 of section 931, shall be—

20 ‘‘(i) fined under this title, imprisoned not more

21 than 2 years, or both; and

22 ‘‘(ii) in the case of a second or subsequent con23 viction, such person shall be fined under this title,

24 imprisoned not more than 5 years, or both.
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1 ‘‘(C) Whoever willfully violates section 931(d), shall

2 be—

3 ‘‘(i) fined under this title, imprisoned not more

4 than 2 years, or both; and

5 ‘‘(ii) in the case of a second or subsequent con6 viction, such person shall be fined under this title,

7 imprisoned not more than 5 years, or both.

8 ‘‘(D) Whoever knowingly violates subsection (e) or (f)

9 of section 931 shall be fined under this title, imprisoned

10 not more than 5 years, or both.

11 ‘‘(E) In addition to any other penalties imposed

12 under this paragraph, the Secretary may, with respect to

13 any person who knowingly violates any provision of section

14 931—

15 ‘‘(i) if the person is registered pursuant to sec16 tion 931(a), after notice and opportunity for a hear17 ing, suspend for not more than 6 months or revoke

18 the registration of that person under section 931(a);

19 and

20 ‘‘(ii) impose a civil fine in an amount equal to

21 not more than $10,000.’’.

22 (3) TECHNICAL AND CONFORMING AMEND23 MENTS.—Chapter 44 of title 18, United States

24 Code, is amended—
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1 (A) in the chapter analysis, by adding at

2 the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’;

3 and

4 (B) in the first sentence of section 923(j),

5 by striking ‘‘a gun show or event’’ and inserting

6 ‘‘an event’’; and

7 (c) INSPECTION AUTHORITY.—Section 923(g)(1) is

8 amended by adding at the end the following:

9 ‘‘(E) Notwithstanding subparagraph (B), the Sec10 retary may enter during business hours the place of busi11 ness of any gun show promoter and any place where a

12 gun show is held for the purposes of examining the records

13 required by sections 923 and 931 and the inventory of

14 licensees conducting business at the gun show. Such entry

15 and examination shall be conducted for the purposes of

16 determining compliance with this chapter by gun show

17 promoters and licensees conducting business at the gun

18 show and shall not require a showing of reasonable cause

19 or a warrant.’’.

20 (d) INCREASED PENALTIES FOR SERIOUS RECORD21 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)

22 of title 18, United States Code, is amended to read as

23 follows:

24 ‘‘(3)(A) Except as provided in subparagraph (B), any

25 licensed dealer, licensed importer, licensed manufacturer,
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1 or licensed collector who knowingly makes any false state2 ment or representation with respect to the information re3 quired by this chapter to be kept in the records of a person

4 licensed under this chapter, or violates section 922(m)

5 shall be fined under this title, imprisoned not more than

6 1 year, or both.

7 ‘‘(B) If the violation described in subparagraph (A)

8 is in relation to an offense—

9 ‘‘(i) under paragraph (1) or (3) of section

10 922(b), such person shall be fined under this title,

11 imprisoned not more than 5 years, or both; or

12 ‘‘(ii) under subsection (a)(6) or (d) of section

13 922, such person shall be fined under this title, im14 prisoned not more than 10 years, or both.’’.

15 (e) INCREASED PENALTIES FOR VIOLATIONS OF

16 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

17 (1) PENALTIES.—Section 924(a) of title 18,

18 United States Code, is amended—

19 (A) in paragraph (5), by striking ‘‘sub20 section (s) or (t) of section 922’’ and inserting

21 ‘‘section 922(s)’’; and

22 (B) by adding at the end the following:

23 ‘‘(8) Whoever knowingly violates section 922(t) shall

24 be fined under this title, imprisoned not more than 5

25 years, or both.’’.
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1 (2) ELIMINATION OF CERTAIN ELEMENTS OF

2 OFFENSE.—Section 922(t)(5) of title 18, United

3 States Code, is amended by striking ‘‘and, at the

4 time’’ and all that follows through ‘‘State law’’.

5 (f) GUN OWNER PRIVACY AND PREVENTION OF

6 FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section

7 922(t)(2)(C) of title 18, United States Code, is amended

8 by inserting before the period at the end the following:

9 ‘‘, as soon as possible, consistent with the responsibility

10 of the Attorney General under section 103(h) of the Brady

11 Handgun Violence Prevention Act to ensure the privacy

12 and security of the system and to prevent system fraud

13 and abuse, but in no event later than 90 days after the

14 date on which the licensee first contacts the system with

15 respect to the transfer’’.

16 (g) EFFECTIVE DATE.—This subtitle and the amend17 ments made by this subtitle shall take effect 180 days

18 after the date of enactment of this Act.

19 Subtitle B—Gun Ban for

20 Dangerous Juvenile Offenders

21 SEC. 211. PERMANENT PROHIBITION ON FIREARMS TRANS22 FERS TO OR POSSESSION BY DANGEROUS JU23 VENILE OFFENDERS.

24 (a) DEFINITION.—Section 921(a)(20) of title 18,

25 United States Code, is amended—
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•S 1165 IS

1 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

2 (2) by redesignating subparagraphs ‘‘(A)’’ and

3 ‘‘(B)’’ as clauses ‘‘(i)’’ and ‘‘(ii), respectively’’;

4 (3) by inserting after subparagraph (A) the fol5 lowing:

6 ‘‘(B) For purposes of subsections (d) and

7 (g) of section 922, the term ‘adjudicated delin8 quent’ means an adjudication of delinquency

9 based upon a finding of the commission that an

10 act by a person prior to the eighteenth birthday

11 of that person, if committed by an adult, would

12 be a serious drug offense or violent felony (as

13 defined in section 3559(c)(2) of this title), on

14 or after the date of enactment of this para15 graph.’’; and

16 (4) by striking ‘‘What constitutes’’ through the

17 end and inserting the following: ‘‘What constitutes a

18 conviction of such a crime or an adjudication of de19 linquency shall be determined in accordance with the

20 law of the jurisdiction in which the proceedings were

21 held. Any State conviction or adjudication of delin22 quency which has been expunged or set aside or for

23 which a person has been pardoned or has had civil

24 rights restored by the jurisdiction in which the con25 viction or adjudication of delinquency occurred shall
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1 be considered a conviction or adjudication of delin2 quency unless (i) the expunction, set aside, pardon

3 or restoration of civil rights is directed to a specific

4 person, (ii) the State authority granting the

5 expunction, set aside, pardon or restoration of civil

6 rights has expressly determined that the cir7 cumstances regarding the conviction and the per8 son’s record and reputation are such that the person

9 will not act in a manner dangerous to public safety,

10 and (iii) the expunction, set aside, pardon, or res11 toration of civil rights expressly authorizes the per12 son to ship, transport, receive or possess firearms.

13 The requirement of this subparagraph for an indi14 vidualized restoration of rights shall apply whether

15 or not, under State law, the person’s civil rights

16 were taken away by virtue of the conviction or adju17 dication.’’.

18 (b) PROHIBITION.—Section 922 of title 18, United

19 States Code is amended—

20 (1) in subsection (d)—

21 (A) by striking ‘‘or’’ at the end of para22 graph (8);

23 (B) by striking the period at the end of

24 paragraph (9) and inserting ‘‘; or;’’ and
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1 (C) by inserting after paragraph (9) the

2 following:

3 ‘‘(10) has been adjudicated delinquent.’’; and

4 (2) in subsection (g)—

5 (A) by striking ‘‘or’’ at the end of para6 graph (8);

7 (B) by striking the comma at the end of

8 paragraph (9) and inserting ‘‘; or’’, and

9 (C) by inserting after paragraph (9) the

10 following:

11 ‘‘(10) who has been adjudicated delinquent,’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as may be

14 necessary to carry out this section.

15 Subtitle C—Child Safety Locks

16 SECTION 221. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Child Safety Lock

18 Act of 2001’’.

19 SEC. 222. REQUIREMENT OF CHILD HANDGUN SAFETY

20 LOCKS.

21 (a) DEFINITIONS.—Section 921(a) of title 18, United

22 States Code, is amended by adding at the end the fol23 lowing:

24 ‘‘(38) The term ‘locking device’ means a device

25 or locking mechanism—
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•S 1165 IS

1 ‘‘(A) that—

2 ‘‘(i) if installed on a firearm and se3 cured by means of a key or a mechanically,

4 electronically, or electromechanically oper5 ated combination lock, is designed to pre6 vent the firearm from being discharged

7 without first deactivating or removing the

8 device by means of a key or mechanically,

9 electronically, or electromechanically oper10 ated combination lock;

11 ‘‘(ii) if incorporated into the design of

12 a firearm, is designed to prevent discharge

13 of the firearm by any person who does not

14 have access to the key or other device de15 signed to unlock the mechanism and there16 by allow discharge of the firearm; or

17 ‘‘(iii) is a safe, gun safe, gun case,

18 lock box, or other device that is designed

19 to store a firearm and that is designed to

20 be unlocked only by means of a key, a

21 combination, or other similar means; and

22 ‘‘(B) that is approved by a licensed fire23 arms manufacturer for use on the handgun

24 with which the device or locking mechanism is

25 sold, delivered, or transferred.’’.
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•S 1165 IS

1 (b) UNLAWFUL ACTS.—

2 (1) IN GENERAL.—Section 922 of title 18,

3 United States Code, is amended by inserting after

4 subsection (y) the following:

5 ‘‘(z) LOCKING DEVICES.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), it shall be unlawful for any licensed man8 ufacturer, licensed importer, or licensed dealer to

9 sell, deliver, or transfer any handgun to any person

10 other than a licensed manufacturer, licensed im11 porter, or licensed dealer, unless the transferee is

12 provided with a locking device for that handgun.

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

14 apply to—

15 ‘‘(A) the—

16 ‘‘(i) manufacture for, transfer to, or

17 possession by, the United States or a State

18 or a department or agency of the United

19 States, or a State or a department, agency,

20 or political subdivision of a State, of a fire21 arm; or

22 ‘‘(ii) transfer to, or possession by, a

23 law enforcement officer employed by an en24 tity referred to in clause (i) of a firearm
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•S 1165 IS

1 for law enforcement purposes (whether on

2 or off duty); or

3 ‘‘(B) the transfer to, or possession by, a

4 rail police officer employed by a rail carrier and

5 certified or commissioned as a police officer

6 under the laws of a State of a firearm for pur7 poses of law enforcement (whether on or off

8 duty).’’.

9 (2) EFFECTIVE DATE.—Section 922(y) of title

10 18, United States Code, as added by this subsection,

11 shall take effect 180 days after the date of enact12 ment of this Act.

13 (c) LIABILITY; EVIDENCE.—

14 (1) LIABILITY.—Nothing in this section shall be

15 construed to—

16 (A) create a cause of action against any

17 firearms dealer or any other person for any civil

18 liability; or

19 (B) establish any standard of care.

20 (2) EVIDENCE.—Notwithstanding any other

21 provision of law, evidence regarding compliance or

22 noncompliance with the amendments made by this

23 section shall not be admissible as evidence in any

24 proceeding of any court, agency, board, or other en-
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1 tity, except with respect to an action to enforce this

2 section.

3 (3) RULE OF CONSTRUCTION.—Nothing in this

4 subsection shall be construed to bar a governmental

5 action to impose a penalty under section 924(p) of

6 title 18, United States Code, for a failure to comply

7 with section 922(y) of that title.

8 (d) CIVIL PENALTIES.—Section 924 of title 18,

9 United States Code, is amended—

10 (1) in subsection (a)(1), by striking ‘‘or (f)’’

11 and inserting ‘‘(f), or (p)’’; and

12 (2) by adding at the end the following:

13 ‘‘(p) PENALTIES RELATING TO LOCKING DEVICES.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) SUSPENSION OR REVOCATION OF LI16 CENSE; CIVIL PENALTIES.—With respect to

17 each violation of section 922(y)(1) by a licensee,

18 the Secretary may, after notice and opportunity

19 for a hearing—

20 ‘‘(i) suspend or revoke any license

21 issued to the licensee under this chapter;

22 or

23 ‘‘(ii) subject the licensee to a civil

24 penalty in an amount equal to not more

25 than $10,000.
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1 ‘‘(B) REVIEW.—An action of the Secretary

2 under this paragraph may be reviewed only as

3 provided in section 923(f).

4 ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus5 pension or revocation of a license or the imposition

6 of a civil penalty under paragraph (1) does not pre7 clude any administrative remedy that is otherwise

8 available to the Secretary.’’.

9 SEC. 223. AMENDMENT OF CONSUMER PRODUCT SAFETY

10 ACT.

11 (a) IN GENERAL.—The Consumer Product Safety

12 Act (15 U.S.C. 2051 et seq.) is amended by adding at

13 the end the following:

14 ‘‘SEC. 38. CHILD HANDGUN SAFETY LOCKS.

15 ‘‘(a) ESTABLISHMENT OF STANDARD.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) RULEMAKING REQUIRED.—Notwith18 standing section 3(a)(1)(E) of this Act, the

19 Commission shall initiate a rulemaking pro20 ceeding under section 553 of title 5, United

21 States Code, within 90 days after the date of

22 enactment of the Child Safety Lock Act of

23 2001 to establish a consumer product safety

24 standard for locking devices. The Commission

25 may extend the 90-day period for good cause.
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1 Notwithstanding any other provision of law, in2 cluding chapter 5 of title 5, United States

3 Code, the Commission shall promulgate a final

4 consumer product safety standard under this

5 paragraph within 12 months after the date on

6 which it initiated the rulemaking. The Commis7 sion may extend that 12-month period for good

8 cause. The consumer product safety standard

9 promulgated under this paragraph shall take ef10 fect 6 months after the date on which the final

11 standard is promulgated.

12 ‘‘(B) STANDARD REQUIREMENTS.—The

13 standard promulgated under subparagraph (A)

14 shall require locking devices that—

15 ‘‘(i) are sufficiently difficult for chil16 dren to deactivate or remove; and

17 ‘‘(ii) prevent the discharge of the

18 handgun unless the locking device has been

19 deactivated or removed.

20 ‘‘(2) CERTAIN PROVISIONS NOT TO APPLY.—

21 ‘‘(A) PROVISIONS OF THIS ACT.—Sections

22 7, 9, and 30(d) of this Act do not apply to the

23 rulemaking proceeding under paragraph (1).

24 Section 11 of this Act does not apply to any
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•S 1165 IS

1 consumer product safety standard promulgated

2 under paragraph (1).

3 ‘‘(B) CHAPTER 5 OF TITLE 5.—Except for

4 section 553, chapter 5 of title 5, United States

5 Code, does not apply to this section.

6 ‘‘(C) CHAPTER 6 OF TITLE 5.—Chapter 6

7 of title 5, United States Code, does not apply

8 to this section.

9 ‘‘(D) NATIONAL ENVIRONMENTAL POLICY

10 ACT.—The National Environmental Policy Act

11 of 1969 (42 U.S.C. 4321) does not apply to

12 this section.

13 ‘‘(b) NO EFFECT ON STATE LAW.—Notwithstanding

14 section 26 of this Act, this section does not annul, alter,

15 impair, affect, or exempt any person subject to the provi16 sions of this section from complying with any provision

17 of the law of any State or any political subdivision of a

18 State, except to the extent that such provisions of State

19 law are inconsistent with any provision of this section, and

20 then only to the extent of the inconsistency. A provision

21 of State law is not inconsistent with this section if such

22 provision affords greater protection to children with re23 spect to handguns than is afforded by this section.

24 ‘‘(c) ENFORCEMENT.—Notwithstanding subsection

25 (a)(2)(A), the consumer product safety standard promul-
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1 gated by the Commission under subsection (a) shall be en2 forced under this Act as if it were a consumer product

3 safety standard described in section 7(a).

4 ‘‘(d) DEFINITIONS.—In this section:

5 ‘‘(1) CHILD.—The term ‘child’ means an indi6 vidual who has not attained the age of 13 years.

7 ‘‘(2) LOCKING DEVICE.—The term ‘locking de8 vice’ has the meaning given that term in clauses (i)

9 and (iii) of section 921(a)(38)(A) of title 18, United

10 States Code.’’.

11 (b) CONFORMING AMENDMENT.—Section 1 of the

12 Consumer Product Safety Act is amended by adding at

13 the end of the table of contents the following:

‘‘Sec. 38. Child handgun safety locks.’’.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to the Consumer Prod16 uct Safety Commission $2,000,000 to carry out the provi17 sions of section 38 of the Consumer Product Safety Act,

18 such sums as necessary to remain available until ex19 pended.

Æ