105TH CONGRESS

2D SESSION S. 2073

AMENDMENTS
In the House of Representatives, U. S.,

September 15, 1998.

Resolved, That the bill from the Senate (S. 2073) entitled ‘‘An Act to authorize appropriations for the National

Center for Missing and Exploited Children’’, do pass with the

following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ju3 venile Crime Control and Delinquency Prevention Act of

4 1998’’.

5 (b) TABLE OF CONTENTS.—The table of contents of this

6 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY

PREVENTION ACT OF 1974

Sec. 101. Findings.

Sec. 102. Purpose.

Sec. 103. Definitions.

Sec. 104. Name of office.

Sec. 105. Concentration of Federal effort.

Sec. 106. Coordinating Council on Juvenile Justice and Delinquency Prevention.

Sec. 107. Annual report.

Sec. 108. Allocation.

Sec. 109. State plans.

Sec. 110. Juvenile delinquency prevention block grant program.

Sec. 111. Research; evaluation; technical assistance; training.

Sec. 112. Demonstration projects.

Sec. 113. Authorization of appropriations.
2

•S 2073 EAH

Sec. 114. Administrative authority.

Sec. 115. Use of funds.

Sec. 116. Limitation on use of funds.

Sec. 117. Rule of construction.

Sec. 118. Leasing surplus Federal property.

Sec. 119. Issuance of Rules.

Sec. 120. Technical and conforming amendments.

Sec. 121. References.

TITLE II—AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH

ACT

Sec. 201. Findings.

Sec. 202. Authority to make grants for centers and services.

Sec. 203. Eligibility.

Sec. 204. Approval of applications.

Sec. 205. Authority for transitional living grant program.

Sec. 206. Eligibility.

Sec. 207. Authority to make grants for research, evaluation, demonstration, and

service projects.

Sec. 208. Temporary demonstration projects to provide services to youth in rural

areas.

Sec. 209. Sexual abuse prevention program.

Sec. 210. Assistance to potential grantees.

Sec. 211. Reports.

Sec. 212. Evaluation.

Sec. 213. Authorization of appropriations.

Sec. 214. Consolidated review of applications.

Sec. 215. Definitions.

Sec. 216. Redesignation of sections.

Sec. 217. Technical amendment.

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY

PREVENTION PROGRAMS

Sec. 301. Duties and functions of the Administrator.

Sec. 302. Grants for prevention programs.

Sec. 303. Repeal of definition.

Sec. 304. Authorization of appropriations.

TITLE IV—MISCELLANEOUS AMENDMENTS

Sec. 401. National Resource Center and Clearinghouse for Missing Children.

TITLE V—REFORMING THE FEDERAL JUVENILE JUSTICE SYSTEM

Sec. 501. Delinquency proceedings or criminal prosecutions in

Sec. 502. Custody prior to appearance before judicial officer.

Sec. 503. Technical and conforming amendments to section 5034.

Sec. 504. Detention prior to disposition or sentencing.

Sec. 505. Speedy trial.

Sec. 506. Disposition; availability of increased detention, fines and supervised release for juvenile offenders.

Sec. 507. Juvenile records and fingerprinting.

Sec. 508. Technical amendments of sections 5031 and 5034.

Sec. 509. Clerical amendments to table of sections for chapter 403.
3

•S 2073 EAH

TITLE VI—APPREHENDING ARMED VIOLENT YOUTH

Sec. 601. Armed violent youth apprehension directive.

TITLE VII—ACCOUNTABILITY FOR JUVENILE OFFENDERS AND

PUBLIC PROTECTION INCENTIVE GRANTS

Sec. 701. Short title.

Sec. 702. Block grant program.

TITLE VIII—SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY

GRANTS

Sec. 801. Special priority.

TITLE IX—GRANT REDUCTION

Sec. 901. Parental notification.

TITLE X—GENERAL PROVISIONS

Sec. 1001. Effective date; application of amendments.

1 TITLE I—AMENDMENTS TO JU2 VENILE JUSTICE AND DELIN3 QUENCY PREVENTION ACT OF

4 1974

5 SEC. 101. FINDINGS.

6 Section 101 of the Juvenile Justice and Delinquency

7 Prevention Act of 1974 (42 U.S.C. 5601) is amended to read

8 as follows:

9 ‘‘FINDINGS

10 ‘‘SEC. 101. (a) The Congress finds the following:

11 ‘‘(1) There has been a dramatic increase in juve12 nile delinquency, particularly violent crime commit13 ted by juveniles. Weapons offenses and homicides are

14 two of the fastest growing crimes committed by juve15 niles. More than one-half of juvenile victims are killed

16 with a firearm. Approximately one-fifth of the indi-
4

•S 2073 EAH

1 viduals arrested for committing violent crime are less

2 than 18 years of age. The increase in both the number

3 of youth below the age of 15 and females arrested for

4 violent crime is cause for concern.

5 ‘‘(2) This problem should be addressed through a

6 2-track common sense approach that addresses the

7 needs of individual juveniles and society at large by

8 promoting—

9 ‘‘(A) quality prevention programs that—

10 ‘‘(i) work with juveniles, their families,

11 local public agencies, and community-based

12 organizations, and take into consideration

13 such factors as whether or not juveniles have

14 been the victims of family violence (includ15 ing child abuse and neglect); and

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

17 develop competencies in at-risk juveniles

18 that will prevent, and reduce the rate of,

19 violent delinquent behavior; and

20 ‘‘(B) programs that assist in holding juve21 niles accountable for their actions, including a

22 system of graduated sanctions to respond to each

23 delinquent act, requiring juveniles to make res24 titution, or perform community service, for the

25 damage caused by their delinquent acts, and
5

•S 2073 EAH

1 methods for increasing victim satisfaction with

2 respect to the penalties imposed on juveniles for

3 their acts.

4 ‘‘(b) Congress must act now to reform this program

5 by focusing on juvenile delinquency prevention programs,

6 as well as programs that hold juveniles accountable for their

7 acts. Without true reform, the criminal justice system will

8 not be able to overcome the challenges it will face in the

9 coming years when the number of juveniles is expected to

10 increase by 30 percent.’’.

11 SEC. 102. PURPOSE.

12 Section 102 of the Juvenile Justice and Delinquency

13 Prevention Act of 1974 (42 U.S.C. 5602) is amended to read

14 as follows:

15 ‘‘PURPOSES

16 ‘‘SEC. 102. The purposes of this title and title II are—

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

18 prevent juvenile involvement in delinquent behavior;

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

20 promoting public safety by encouraging accountabil21 ity for acts of juvenile delinquency; and

22 ‘‘(3) to assist State and local governments in ad23 dressing juvenile crime through the provision of tech24 nical assistance, research, training, evaluation, and

25 the dissemination of information on effective pro26 grams for combating juvenile delinquency.’’.
6

•S 2073 EAH

1 SEC. 103. DEFINITIONS.

2 Section 103 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

4 (1) in paragraph (3) by striking ‘‘to help prevent

5 juvenile delinquency’’ and inserting ‘‘designed to re6 duce known risk factors for juvenile delinquent behav7 ior, provides activities that build on protective factors

8 for, and develop competencies in, juveniles to prevent,

9 and reduce the rate of, delinquent juvenile behavior’’;

10 (2) in paragraph (4) by inserting ‘‘title I of’’ be11 fore ‘‘the Omnibus’’ each place it appears;

12 (3) in paragraph (7) by striking ‘‘the Trust Ter13 ritory of the Pacific Islands,’’;

14 (4) in paragraph (9) by striking ‘‘justice’’ and

15 inserting ‘‘crime control’’;

16 (5) in paragraph (12)(B) by striking ‘‘; of any

17 nonoffender,’’;

18 (6) in paragraph (13)(B) by striking ‘‘, any

19 non-offender,’’;

20 (7) in paragraph (14) by inserting ‘‘drug traf21 ficking,’’ after ‘‘assault,’’;

22 (8) in paragraph (16)—

23 (A) in subparagraph (A) by adding ‘‘and’’

24 at the end; and

25 (B) by striking subparagraph (C);

26 (9) by striking paragraph (17);
7

•S 2073 EAH

1 (10) in paragraph (22)—

2 (A) by redesignating subparagraphs (i),

3 (ii), and (iii) as subparagraphs (A), (B), and

4 (C), respectively; and

5 (B) by striking ‘‘and’’ at the end;

6 (11) in paragraph (23) by striking the period at

7 the end and inserting a semicolon;

8 (12) by redesignating paragraphs (18), (19),

9 (20), (21), (22), and (23) as paragraphs (17) through

10 (22), respectively; and

11 (13) by adding at the end the following:

12 ‘‘(23) the term ‘boot camp’ means a residential

13 facility (excluding a private residence) at which there

14 are provided—

15 ‘‘(A) a highly regimented schedule of dis16 cipline, physical training, work, drill, and cere17 mony characteristic of military basic training;

18 ‘‘(B) regular, remedial, special, and voca19 tional education; and

20 ‘‘(C) counseling and treatment for substance

21 abuse and other health and mental health prob22 lems;

23 ‘‘(24) the term ‘graduated sanctions’ means an

24 accountability-based, graduated series of sanctions

25 (including incentives and services) applicable to juve-
8

•S 2073 EAH

1 niles within the juvenile justice system to hold such

2 juveniles accountable for their actions and to protect

3 communities from the effects of juvenile delinquency

4 by providing appropriate sanctions for every act for

5 which a juvenile is adjudicated delinquent, by induc6 ing their law-abiding behavior, and by preventing

7 their subsequent involvement with the juvenile justice

8 system;

9 ‘‘(25) the term ‘violent crime’ means—

10 ‘‘(A) murder or nonnegligent manslaughter,

11 forcible rape, or robbery; or

12 ‘‘(B) aggravated assault committed with the

13 use of a firearm;

14 ‘‘(26) the term ‘co-located facilities’ means facili15 ties that are located in the same building, or are part

16 of a related complex of buildings located on the same

17 grounds; and

18 ‘‘(27) the term ‘related complex of buildings’

19 means 2 or more buildings that share—

20 ‘‘(A) physical features, such as walls and

21 fences, or services beyond mechanical services

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

23 ‘‘(B) the specialized services that are allow24 able under section 31.303(e)(3)(i)(C)(3) of title
9

•S 2073 EAH

1 28 of the Code of Federal Regulations, as in ef2 fect on December 10, 1996.’’.

3 SEC. 104. NAME OF OFFICE.

4 Title II of the Juvenile Justice and Delinquency Pre5 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended—

6 (1) by amending the heading of part A to read

7 as follows:

8 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL AND

9 DELINQUENCY PREVENTION’’;

10 (2) in section 201(a) by striking ‘‘Justice and

11 Delinquency Prevention’’ and inserting ‘‘Crime Con12 trol and Delinquency Prevention’’; and

13 (3) in subsections section 299A(c)(2) by striking

14 ‘‘Justice and Delinquency Prevention’’ and inserting

15 ‘‘Crime Control and Delinquency Prevention’’.

16 SEC. 105. CONCENTRATION OF FEDERAL EFFORT.

17 Section 204 of the Juvenile Justice and Delinquency

18 Prevention Act of 1974 (42 U.S.C. 5614) is amended—

19 (1) in subsection (a)(1) by striking the last sen20 tence;

21 (2) in subsection (b)—

22 (A) in paragraph (3) by striking ‘‘and of

23 the prospective’’ and all that follows through

24 ‘‘administered’’;

25 (B) by striking paragraph (5); and
10

•S 2073 EAH

1 (C) by redesignating paragraphs (6) and

2 (7) as paragraphs (5) and (6), respectively;

3 (3) in subsection (c) by striking ‘‘and reports’’

4 and all that follows through ‘‘this part’’, and insert5 ing ‘‘as may be appropriate to prevent the duplica6 tion of efforts, and to coordinate activities, related to

7 the prevention of juvenile delinquency’’;

8 (4) by striking subsection (i); and

9 (5) by redesignating subsection (h) as subsection

10 (f).

11 SEC. 106. COORDINATING COUNCIL ON JUVENILE JUSTICE

12 AND DELINQUENCY PREVENTION.

13 Section 206 of the Juvenile Justice and Delinquency

14 Prevention Act of 1974 (42 U.S.C. 5616) is repealed.

15 SEC. 107. ANNUAL REPORT.

16 Section 207 of the Juvenile Justice and Delinquency

17 Prevention Act of 1974 (42 U.S.C. 5617) is amended—

18 (1) in paragraph (2)—

19 (A) by inserting ‘‘and’’ after ‘‘priorities,’’;

20 and

21 (B) by striking ‘‘, and recommendations of

22 the Council’’;

23 (2) by striking paragraphs (4) and (5), and in24 serting the following:
11

•S 2073 EAH

1 ‘‘(4) An evaluation of the programs funded

2 under this title and their effectiveness in reducing the

3 incidence of juvenile delinquency, particularly violent

4 crime, committed by juveniles.’’; and

5 (3) by redesignating such section as section 206.

6 SEC. 108. ALLOCATION.

7 Section 222 of the Juvenile Justice and Delinquency

8 Prevention Act of 1974 (42 U.S.C. 5632) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2)—

11 (i) in subparagraph (A)—

12 (I) by striking ‘‘amount, up to

13 $400,000,’’ and inserting ‘‘amount up

14 to $400,000’’;

15 (II) by inserting a comma after

16 ‘‘1992’’ the 1st place it appears;

17 (III) by striking ‘‘the Trust Terri18 tory of the Pacific Islands,’’; and

19 (IV) by striking ‘‘amount, up to

20 $100,000,’’ and inserting ‘‘amount up

21 to $100,000’’;

22 (ii) in subparagraph (B)—

23 (I) by striking ‘‘(other than part

24 D)’’;
12

•S 2073 EAH

1 (II) by striking ‘‘or such greater

2 amount, up to $600,000’’ and all that

3 follows through ‘‘section 299(a) (1) and

4 (3)’’;

5 (III) by striking ‘‘the Trust Terri6 tory of the Pacific Islands,’’;

7 (IV) by striking ‘‘amount, up to

8 $100,000,’’ and inserting ‘‘amount up

9 to $100,000’’; and

10 (V) by inserting a comma after

11 ‘‘1992’’;

12 (B) in paragraph (3) by striking ‘‘allot’’

13 and inserting ‘‘allocate’’; and

14 (2) in subsection (b) by striking ‘‘the Trust Ter15 ritory of the Pacific Islands,’’.

16 SEC. 109. STATE PLANS.

17 Section 223 of the Juvenile Justice and Delinquency

18 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

19 (1) in subsection (a)—

20 (A) in the 2nd sentence by striking ‘‘chal21 lenge’’ and all that follows through ‘‘part E’’,

22 and inserting ‘‘, projects, and activities’’;

23 (B) in paragraph (3)—

24 (i) by striking ‘‘, which—’’ and insert25 ing ‘‘that—’’;
13

•S 2073 EAH

1 (ii) in subparagraph (A)—

2 (I) by striking ‘‘not less’’ and all

3 that follows through ‘‘33’’, and insert4 ing ‘‘the attorney general of the State

5 or such other State official who has

6 primary responsibility for overseeing

7 the enforcement of State criminal laws,

8 and’’;

9 (II) by inserting ‘‘, in consulta10 tion with the attorney general of the

11 State or such other State official who

12 has primary responsibility for over13 seeing the enforcement of State crimi14 nal laws’’ after ‘‘State’’;

15 (III) in clause (i) by striking ‘‘or

16 the administration of juvenile justice’’

17 and inserting ‘‘, the administration of

18 juvenile justice, or the reduction of ju19 venile delinquency’’;

20 (IV) in clause (ii) by striking ‘‘in21 clude—’’ and all that follows through

22 the semicolon at the end of subclause

23 (VIII), and inserting the following:
14

•S 2073 EAH

1 ‘‘represent a multidisciplinary approach to

2 addressing juvenile delinquency and may

3 include—

4 ‘‘(I) individuals who represent

5 units of general local government, law

6 enforcement and juvenile justice agen7 cies, public agencies concerned with the

8 prevention and treatment of juvenile

9 delinquency and with the adjudication

10 of juveniles, representatives of juve11 niles, or nonprofit private organiza12 tions, particularly such organizations

13 that serve juveniles; and

14 ‘‘(II) such other individuals as the

15 chief executive officer considers to be

16 appropriate; and’’; and

17 (V) by striking clauses (iv) and

18 (v);

19 (iii) in subparagraph (C) by striking

20 ‘‘justice’’ and inserting ‘‘crime control’’;

21 (iv) in subparagraph (D)—

22 (I) in clause (i) by inserting

23 ‘‘and’’ at the end;

24 (II) in clause (ii) by striking

25 ‘‘paragraphs’’ and all that follows
15

•S 2073 EAH

1 through ‘‘part E’’, and inserting

2 ‘‘paragraphs (11), (12), and (13)’’; and

3 (III) by striking clause (iii); and

4 (v) in subparagraph (E) by striking

5 ‘‘title—’’ and all that follows through ‘‘(ii)’’

6 and inserting ‘‘title,’’;

7 (C) in paragraph (5)—

8 (i) in the matter preceding subpara9 graph (A) by striking ‘‘, other than’’ and

10 inserting ‘‘reduced by the percentage (if

11 any) specified by the State under the au12 thority of paragraph (25) and excluding’’

13 after ‘‘section 222’’; and

14 ‘‘(ii) in subparagraph (C) by striking

15 ‘‘paragraphs (12)(A), (13), and (14)’’ and

16 inserting ‘‘paragraphs (11), (12), and

17 (13)’’;

18 (D) by striking paragraph (6);

19 (E) in paragraph (7) by inserting ‘‘, in20 cluding in rural areas’’ before the semicolon at

21 the end;

22 (F) in paragraph (8)—

23 (i) in subparagraph (A)—

24 (I) by striking ‘‘for (i)’’ and all

25 that follows through ‘‘relevant jurisdic-
16

•S 2073 EAH

1 tion’’, and inserting ‘‘for an analysis

2 of juvenile delinquency problems in,

3 and the juvenile delinquency control

4 and delinquency prevention needs (in5 cluding educational needs) of, the

6 State’’;

7 (II) by striking ‘‘justice’’ the sec8 ond place it appears and inserting

9 ‘‘crime control’’; and

10 (III) by striking ‘‘of the jurisdic11 tion; (ii)’’ and all that follows through

12 the semicolon at the end, and inserting

13 ‘‘of the State; and’’;

14 (ii) by amending subparagraph (B) to

15 read as follows:

16 ‘‘(B) contain—

17 ‘‘(i) a plan for providing needed gen18 der-specific services for the prevention and

19 treatment of juvenile delinquency;

20 ‘‘(ii) a plan for providing needed serv21 ices for the prevention and treatment of ju22 venile delinquency in rural areas; and

23 ‘‘(iii) a plan for providing needed

24 mental health services to juveniles in the ju25 venile justice system;’’; and
17

•S 2073 EAH

1 (iii) by striking subparagraphs (C)

2 and (D);

3 (G) by amending paragraph (9) to read as

4 follows:

5 ‘‘(9) provide for the coordination and maximum

6 utilization of existing juvenile delinquency programs,

7 programs operated by public and private agencies

8 and organizations, and other related programs (such

9 as education, special education, recreation, health,

10 and welfare programs) in the State;’’;

11 (H) in paragraph (10)—

12 (i) in subparagraph (A)—

13 (I) by striking ‘‘, specifically’’

14 and inserting ‘‘including’’;

15 (II) by striking clause (i); and

16 (III) redesignating clauses (ii)

17 and (iii) as clauses (i) and (ii), respec18 tively;

19 (ii) by amending subparagraph (B) to

20 read as follows:

21 ‘‘(B) programs that assist in holding juve22 niles accountable for their actions, including the

23 use of graduated sanctions and of neighborhood

24 courts or panels that increase victim satisfaction
18

•S 2073 EAH

1 and require juveniles to make restitution for the

2 damage caused by their delinquent behavior;’’;

3 (iii) in subparagraph (C) by striking

4 ‘‘juvenile justice’’ and inserting ‘‘juvenile

5 crime control’’;

6 (iv) by amending subparagraph (D) to

7 read as follows:

8 ‘‘(D) programs that provide treatment to ju9 venile offenders who are victims of child abuse or

10 neglect, and to their families, in order to reduce

11 the likelihood that such juvenile offenders will

12 commit subsequent violations of law;’’;

13 (v) in subparagraph (E)—

14 (I) by redesignating clause (ii) as

15 clause (iii); and

16 (II) by striking ‘‘juveniles, pro17 vided’’ and all that follows through

18 ‘‘provides; and’’, and inserting the fol19 lowing:

20 ‘‘juveniles—

21 ‘‘(i) to encourage juveniles to remain

22 in elementary and secondary schools or in

23 alternative learning situations;
19

•S 2073 EAH

1 ‘‘(ii) to provide services to assist juve2 niles in making the transition to the world

3 of work and self-sufficiency; and’’;

4 (vi) by amending subparagraph (F) to

5 read as follows:

6 ‘‘(F) expanding the use of probation offi7 cers—

8 ‘‘(i) particularly for the purpose of permit9 ting nonviolent juvenile offenders (including sta10 tus offenders) to remain at home with their fam11 ilies as an alternative to incarceration or insti12 tutionalization; and

13 ‘‘(ii) to ensure that juveniles follow the

14 terms of their probation;’’;

15 (vii) by amending subparagraph (G)

16 to read as follows:

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

18 are designed to link at-risk juveniles and juvenile

19 offenders, particularly juveniles residing in high20 crime areas and juveniles experiencing edu21 cational failure, with responsible adults (such as

22 law enforcement officers, adults working with

23 local businesses, and adults working with com24 munity-based organizations and agencies) who

25 are properly screened and trained;’’;
20

•S 2073 EAH

1 (viii) in subparagraph (H) by striking

2 ‘‘handicapped youth’’ and inserting ‘‘juve3 niles with disabilities’’;

4 (ix) by amending subparagraph (K) to

5 read as follows:

6 ‘‘(K) boot camps for juvenile offenders;’’;

7 (x) by amending subparagraph (L) to

8 read as follows:

9 ‘‘(L) community-based programs and serv10 ices to work with juveniles, their parents, and

11 other family members during and after incarcer12 ation in order to strengthen families so that such

13 juveniles may be retained in their homes;’’;

14 (xi) by amending subparagraph (M) to

15 read as follows:

16 ‘‘(M) other activities (such as court-ap17 pointed advocates) that the State determines will

18 hold juveniles accountable for their acts and de19 crease juvenile involvement in delinquent activi20 ties;’’;

21 (xii) by amending subparagraph (N)

22 to read as follows:

23 ‘‘(N) establishing policies and systems to in24 corporate relevant child protective services

25 records into juvenile justice records for purposes
21

•S 2073 EAH

1 of establishing treatment plans for juvenile of2 fenders;’’;

3 (xiii) in subparagraph (O)—

4 (I) in striking ‘‘cultural’’ and in5 serting ‘‘other’’; and

6 (II) by striking the period at the

7 end and inserting a semicolon; and

8 (xiv) by adding at the end the follow9 ing:

10 ‘‘(P) a system of records relating to any ad11 judication of juveniles less than 18 years of age

12 who are adjudicated delinquent for conduct that

13 would be a violent crime if committed by an

14 adult, that is—

15 ‘‘(i) equivalent to the records that

16 would be kept of adults arrested for such

17 conduct, including fingerprints and photo18 graphs;

19 ‘‘(ii) submitted to the Federal Bureau

20 of Investigation in the same manner as

21 adult records are so submitted;

22 ‘‘(iii) retained for a period of time that

23 is equal to the period of time records are re24 tained for adults; and
22

•S 2073 EAH

1 ‘‘(iv) available on an expedited basis to

2 law enforcement agencies, the courts, and

3 school officials (and such school officials

4 shall be subject to the same standards and

5 penalties that law enforcement and juvenile

6 justice system employees are subject to

7 under Federal and State law, for handling

8 and disclosing such information);

9 ‘‘(Q) programs that utilize multidisci10 plinary interagency case management and infor11 mation sharing, that enable the juvenile justice

12 and law enforcement agencies, schools, and social

13 service agencies to make more informed decisions

14 regarding early identification, control, super15 vision, and treatment of juveniles who repeatedly

16 commit violent or serious delinquent acts; and

17 ‘‘(R) programs designed to prevent and re18 duce hate crimes committed by juveniles.’’;

19 (I) by amending paragraph (12) to read as

20 follows:

21 ‘‘(12) shall, in accordance with rules issued by

22 the Administrator, provide that—

23 ‘‘(A) juveniles who are charged with or who

24 have committed an offense that would not be

25 criminal if committed by an adult, excluding—
23

•S 2073 EAH

1 ‘‘(i) juveniles who are charged with or

2 who have committed a violation of section

3 922(x)(2) of title 18, United States Code, or

4 of a similar State law;

5 ‘‘(ii) juveniles who are charged with or

6 who have committed a violation of a valid

7 court order; and

8 ‘‘(iii) juveniles who are held in accord9 ance with the Interstate Compact on Juve10 niles as enacted by the State;

11 shall not be placed in secure detention facilities

12 or secure correctional facilities; and

13 ‘‘(B) juveniles—

14 ‘‘(i) who are not charged with any of15 fense; and

16 ‘‘(ii) who are—

17 ‘‘(I) aliens; or

18 ‘‘(II) alleged to be dependent, ne19 glected, or abused;

20 shall not be placed in secure detention facilities

21 or secure correctional facilities;’’;

22 (J) by amending paragraph (13) to read as

23 follows:

24 ‘‘(13) provide that—
24

•S 2073 EAH

1 ‘‘(A) juveniles alleged to be or found to be

2 delinquent, and juveniles within the purview of

3 paragraph (11), will not be detained or confined

4 in any institution in which they have regular

5 contact, or unsupervised incidental contact, with

6 adults incarcerated because such adults have

7 been convicted of a crime or are awaiting trial

8 on criminal charges; and

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

10 that requires individuals who work with both

11 such juveniles and such adults in co-located fa12 cilities have been trained and certified to work

13 with juveniles;’’;

14 (K) by amending paragraph (14) to read as

15 follows:

16 ‘‘(14) provide that no juvenile will be detained or

17 confined in any jail or lockup for adults except—

18 ‘‘(A) juveniles who are accused of nonstatus

19 offenses and who are detained in such jail or

20 lockup for a period not to exceed 6 hours—

21 ‘‘(i) for processing or release;

22 ‘‘(ii) while awaiting transfer to a juve23 nile facility; or

24 ‘‘(iii) in which period such juveniles

25 make a court appearance;
25

•S 2073 EAH

1 ‘‘(B) juveniles who are accused of nonstatus

2 offenses, who are awaiting an initial court ap3 pearance that will occur within 48 hours after

4 being taken into custody (excluding Saturdays,

5 Sundays, and legal holidays), and who are de6 tained or confined in a jail or lockup—

7 ‘‘(i) in which—

8 ‘‘(I) such juveniles do not have

9 regular contact; or unsupervised inci10 dental contact, with adults incarcer11 ated because such adults have been con12 victed of a crime or are awaiting trial

13 on criminal charges; and

14 ‘‘(II) there is in effect in the State

15 a policy that requires individuals who

16 work with both such juveniles and such

17 adults in co-located facilities have been

18 trained and certified to work with ju19 veniles; and

20 ‘‘(ii) that—

21 ‘‘(I) is located outside a metro22 politan statistical area (as defined by

23 the Office of Management and Budget);

24 ‘‘(II) has no existing acceptable

25 alternative placement available;
26

•S 2073 EAH

1 ‘‘(III) is located where conditions

2 of distance to be traveled or the lack of

3 highway, road, or transportation do

4 not allow for court appearances within

5 48 hours (excluding Saturdays, Sun6 days, and legal holidays) so that a

7 brief (not to exceed an additional 48

8 hours) delay is excusable; or

9 ‘‘(IV) is located where conditions

10 of safety exist (such as severe adverse,

11 life-threatening weather conditions that

12 do not allow for reasonably safe trav13 el), in which case the time for an ap14 pearance may be delayed until 24

15 hours after the time that such condi16 tions allow for reasonable safe travel;

17 ‘‘(C) juveniles who are accused of nonstatus

18 offenses and who are detained or confined in a

19 jail or lockup that satisfies the requirements of

20 subparagraph (B)(i) if—

21 ‘‘(i) such jail or lockup—

22 ‘‘(I) is located outside a metro23 politan statistical area (as defined by

24 the Office of Management and Budget);

25 and
27

•S 2073 EAH

1 ‘‘(II) has no existing acceptable

2 alternative placement available;

3 ‘‘(ii) a parent or other legal guardian

4 (or guardian ad litem) of the juvenile in5 volved consents to detaining or confining

6 such juvenile in accordance with this sub7 paragraph and has the right to revoke such

8 consent at any time;

9 ‘‘(iii) the juvenile has counsel, and the

10 counsel representing such juvenile has an

11 opportunity to present the juvenile’s posi12 tion regarding the detention or confinement

13 involved to the court before the court ap14 proves such detention or confinement; and

15 ‘‘(iv) detaining or confining such juve16 nile in accordance with this subparagraph

17 is—

18 ‘‘(I) approved in advance by a

19 court with competent jurisdiction that

20 has determined that such placement is

21 in the best interest of such juvenile;

22 ‘‘(II) required to be reviewed peri23 odically, at intervals of not more than

24 5 days (excluding Saturdays, Sundays,

25 and legal holidays), by such court for
28

•S 2073 EAH

1 the duration of detention or confine2 ment; and

3 ‘‘(III) for a period preceding the

4 sentencing (if any) of such juvenile;’’;

5 (L) in paragraph (15)—

6 (i) by striking ‘‘paragraph (12)(A),

7 paragraph (13), and paragraph (14)’’ and

8 inserting ‘‘paragraphs (11), (12), and

9 (13)’’; and

10 (ii) by striking ‘‘paragraph (12)(A)

11 and paragraph (13)’’ and inserting ‘‘para12 graphs (11) and (12)’’;

13 (M) in paragraph (16) by striking ‘‘men14 tally, emotionally, or physically handicapping

15 conditions’’ and inserting ‘‘disability’’;

16 (N) by amending paragraph (19) to read as

17 follows:

18 ‘‘(19) provide assurances that—

19 ‘‘(A) any assistance provided under this Act

20 will not cause the displacement (including a

21 partial displacement, such as a reduction in the

22 hours of nonovertime work, wages, or employ23 ment benefits) of any currently employed em24 ployee;
29

•S 2073 EAH

1 ‘‘(B) activities assisted under this Act will

2 not impair an existing collective bargaining re3 lationship, contract for services, or collective bar4 gaining agreement; and

5 ‘‘(C) no such activity that would be incon6 sistent with the terms of a collective bargaining

7 agreement shall be undertaken without the writ8 ten concurrence of the labor organization in9 volved;’’;

10 (O) by amending paragraph (23) to read as

11 follows:

12 ‘‘(23) address juvenile delinquency prevention ef13 forts and system improvement efforts designed to re14 duce, without establishing or requiring numerical

15 standards or quotas, the disproportionate number of

16 juvenile members of minority groups, who come into

17 contact with the juvenile justice system;’’;

18 (P) by amending paragraph (24) to read as

19 follows:

20 ‘‘(24) provide that if a juvenile is taken into cus21 tody for violating a valid court order issued for com22 mitting a status offense—

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

24 promptly notified that such juvenile is held in

25 custody for violating such order;
30

•S 2073 EAH

1 ‘‘(B) not later than 24 hours during which

2 such juvenile is so held, an authorized represent3 ative of such agency shall interview, in person,

4 such juvenile; and

5 ‘‘(C) not later than 48 hours during which

6 such juvenile is so held—

7 ‘‘(i) such representative shall submit

8 an assessment to the court that issued such

9 order, regarding the immediate needs of

10 such juvenile; and

11 ‘‘(ii) such court shall conduct a hear12 ing to determine—

13 ‘‘(I) whether there is reasonable

14 cause to believe that such juvenile vio15 lated such order; and

16 ‘‘(II) the appropriate placement of

17 such juvenile pending disposition of the

18 violation alleged;’’;

19 (Q) in paragraph (25) by striking the pe20 riod at the end and inserting a semicolon;

21 (R) by redesignating paragraphs (7)

22 through (25) as paragraphs (6) through (24), re23 spectively; and

24 (S) by adding at the end the following:
31

•S 2073 EAH

1 ‘‘(25) specify a percentage (if any), not to exceed

2 5 percent, of funds received by the State under section

3 222 (other than funds made available to the state ad4 visory group under section 222(d)) that the State will

5 reserve for expenditure by the State to provide incen6 tive grants to units of general local government that

7 reduce the caseload of probation officers within such

8 units; and

9 ‘‘(26) provide that the State, to the maximum

10 extent practicable, will implement a system to ensure

11 that if a juvenile is before a court in the juvenile jus12 tice system, public child welfare records (including

13 child protective services records) relating to such juve14 nile that are on file in the geographical area under

15 the jurisdiction of such court will be made known to

16 such court.’’; and

17 (2) by amending subsection (c) to read as fol18 lows:

19 ‘‘(c) If a State fails to comply with any of the applica20 ble requirements of paragraphs (11), (12), (13), and (22)

21 of subsection (a) in any fiscal year beginning after Septem22 ber 30, 1998, then the amount allocated to such State for

23 the subsequent fiscal year shall be reduced by not to exceed

24 12.5 percent for each such paragraph with respect to which
32

•S 2073 EAH

1 the failure occurs, unless the Administrator determines that

2 the State—

3 ‘‘(1) has achieved substantial compliance with

4 such applicable requirements with respect to which

5 the State was not in compliance; and

6 ‘‘(2) has made, through appropriate executive or

7 legislative action, an unequivocal commitment to

8 achieving full compliance with such applicable re9 quirements within a reasonable time.’’; and

10 (3) in subsection (d)—

11 (A) by striking ‘‘allotment’’ and inserting

12 ‘‘allocation’’; and

13 (B) by striking ‘‘subsection (a) (12)(A),

14 (13), (14) and (23)’’ each place it appears and

15 inserting ‘‘paragraphs (11), (12), (13), and (22)

16 of subsection (a)’’.

17 SEC. 110. JUVENILE DELINQUENCY PREVENTION BLOCK

18 GRANT PROGRAM.

19 Title II of the Juvenile Justice and Delinquency Pre20 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended—

21 (1) by striking parts C, D, E, F, G, and H;

22 (2) by striking the 1st part I;

23 (3) by redesignating the 2nd part I as part F;

24 and

25 (4) by inserting after part B the following:
33

•S 2073 EAH

1 ‘‘PART C—JUVENILE DELINQUENCY PREVENTION

2 BLOCK GRANT PROGRAM

3 ‘‘SEC. 241. AUTHORITY TO MAKE GRANTS.

4 ‘‘The Administrator may make grants to eligible

5 States, from funds allocated under section 242, for the pur6 pose of providing financial assistance to eligible entities to

7 carry out projects designed to prevent juvenile delinquency,

8 including—

9 ‘‘(1) projects that assist in holding juveniles ac10 countable for their actions, including the use of neigh11 borhood courts or panels that increase victim satisfac12 tion and require juveniles to make restitution, or per13 form community service, for the damage caused by

14 their delinquent acts;

15 ‘‘(2) projects that provide treatment to juvenile

16 offenders who are victims of child abuse or neglect,

17 and to their families, in order to reduce the likelihood

18 that such juvenile offenders will commit subsequent

19 violations of law;

20 ‘‘(3) educational projects or supportive services

21 for delinquent or other juveniles—

22 ‘‘(A) to encourage juveniles to remain in el23 ementary and secondary schools or in alternative

24 learning situations in educational settings;
34

•S 2073 EAH

1 ‘‘(B) to provide services to assist juveniles

2 in making the transition to the world of work

3 and self-sufficiency;

4 ‘‘(C) to assist in identifying learning dif5 ficulties (including learning disabilities);

6 ‘‘(D) to prevent unwarranted and arbitrary

7 suspensions and expulsions;

8 ‘‘(E) to encourage new approaches and tech9 niques with respect to the prevention of school vi10 olence and vandalism;

11 ‘‘(F) which assist law enforcement personnel

12 and juvenile justice personnel to more effectively

13 recognize and provide for learning-disabled and

14 other handicapped juveniles; or

15 ‘‘(G) which develop locally coordinated poli16 cies and programs among education, juvenile

17 justice, and social service agencies;

18 ‘‘(4) projects which expand the use of probation

19 officers—

20 ‘‘(A) particularly for the purpose of permit21 ting nonviolent juvenile offenders (including sta22 tus offenders) to remain at home with their fam23 ilies as an alternative to incarceration or insti24 tutionalization; and
35

•S 2073 EAH

1 ‘‘(B) to ensure that juveniles follow the

2 terms of their probation;

3 ‘‘(5) one-on-one mentoring projects that are de4 signed to link at-risk juveniles and juvenile offenders

5 who did not commit serious crime, particularly juve6 niles residing in high-crime areas and juveniles expe7 riencing educational failure, with responsible adults

8 (such as law enforcement officers, adults working with

9 local businesses, and adults working for community10 based organizations and agencies) who are properly

11 screened and trained;

12 ‘‘(6) community-based projects and services (in13 cluding literacy and social service programs) which

14 work with juvenile offenders, including those from

15 families with limited English-speaking proficiency,

16 their parents, their siblings, and other family mem17 bers during and after incarceration of the juvenile of18 fenders, in order to strengthen families, to allow juve19 nile offenders to be retained in their homes, and to

20 prevent the involvement of other juvenile family mem21 bers in delinquent activities;

22 ‘‘(7) projects designed to provide for the treat23 ment of juveniles for dependence on or abuse of alco24 hol, drugs, or other harmful substances;
36

•S 2073 EAH

1 ‘‘(8) projects which leverage funds to provide

2 scholarships for postsecondary education and training

3 for low-income juveniles who reside in neighborhoods

4 with high rates of poverty, violence, and drug-related

5 crimes;

6 ‘‘(9) projects which provide for an initial intake

7 screening of each juvenile taken into custody—

8 ‘‘(A) to determine the likelihood that such

9 juvenile will commit a subsequent offense; and

10 ‘‘(B) to provide appropriate interventions to

11 prevent such juvenile from committing subse12 quent offenses;

13 ‘‘(10) projects (including school- or community14 based projects) that are designed to prevent, and re15 duce the rate of, the participation of juveniles in

16 gangs that commit crimes (particularly violent

17 crimes), that unlawfully use firearms and other weap18 ons, or that unlawfully traffic in drugs and that in19 volve, to the extent practicable, families and other

20 community members (including law enforcement per21 sonnel and members of the business community) in

22 the activities conducted under such projects;

23 ‘‘(11) comprehensive juvenile justice and delin24 quency prevention projects that meet the needs of ju25 veniles through the collaboration of the many local
37

•S 2073 EAH

1 service systems juveniles encounter, including schools,

2 courts, law enforcement agencies, child protection

3 agencies, mental health agencies, welfare services,

4 health care agencies, and private nonprofit agencies

5 offering services to juveniles;

6 ‘‘(12) to develop, implement, and support, in

7 conjunction with public and private agencies, organi8 zations, and businesses, projects for the employment of

9 juveniles and referral to job training programs (in10 cluding referral to Federal job training programs);

11 ‘‘(13) delinquency prevention activities which in12 volve youth clubs, sports, recreation and parks, peer

13 counseling and teaching, the arts, leadership develop14 ment, community service, volunteer service, before15 and after-school programs, violence prevention activi16 ties, mediation skills training, camping, environ17 mental education, ethnic or cultural enrichment, tu18 toring, and academic enrichment;

19 ‘‘(14) to establish policies and systems to incor20 porate relevant child protective services records into

21 juvenile justice records for purposes of establishing

22 treatment plans for juvenile offenders;

23 ‘‘(15) family strengthening activities, such as

24 mutual support groups for parents and their children;
38

•S 2073 EAH

1 ‘‘(16) programs that encourage social com2 petencies, problem-solving skills, and communication

3 skills, youth leadership, and civic involvement;

4 ‘‘(17) programs that focus on the needs of young

5 girls at-risk of delinquency or status offenses; and

6 ‘‘(18) other activities that are likely to prevent

7 juvenile delinquency.

8 ‘‘SEC. 242. ALLOCATION.

9 ‘‘Funds appropriated to carry out this part shall be

10 allocated among eligible States as follows:

11 ‘‘(1) Fifty percent of such amount shall be allo12 cated proportionately based on the population that is

13 less than 18 years of age in the eligible States.

14 ‘‘(2) Fifty percent of such amount shall be allo15 cated proportionately based on the annual average

16 number of arrests for serious crimes committed in the

17 eligible States by juveniles during the then most re18 cently completed period of 3 consecutive calendar

19 years for which sufficient information is available to

20 the Administrator.

21 ‘‘SEC. 243. ELIGIBILITY OF STATES.

22 ‘‘(a) APPLICATION.—To be eligible to receive a grant

23 under section 241, a State shall submit to the Adminis24 trator an application that contains the following:

25 ‘‘(1) An assurance that the State will use—
39

•S 2073 EAH

1 ‘‘(A) not more than 5 percent of such grant,

2 in the aggregate, for—

3 ‘‘(i) the costs incurred by the State to

4 carry out this part; and

5 ‘‘(ii) to evaluate, and provide technical

6 assistance relating to, projects and activities

7 carried out with funds provided under this

8 part; and

9 ‘‘(B) the remainder of such grant to make

10 grants under section 244.

11 ‘‘(2) An assurance that, and a detailed descrip12 tion of how, such grant will support, and not sup13 plant State and local efforts to prevent juvenile delin14 quency.

15 ‘‘(3) An assurance that such application was

16 prepared after consultation with and participation by

17 community-based organizations, and organizations in

18 the local juvenile justice system, that carry out pro19 grams, projects, or activities to prevent juvenile delin20 quency.

21 ‘‘(4) An assurance that each eligible entity de22 scribed in section 244(a) that receives an initial

23 grant under section 244 to carry out a project or ac24 tivity shall also receive an assurance from the State

25 that such entity will receive from the State, for the
40

•S 2073 EAH

1 subsequent fiscal year to carry out such project or ac2 tivity, a grant under such section in an amount that

3 is proportional, based on such initial grant and on

4 the amount of the grant received under section 241 by

5 the State for such subsequent fiscal year, but that does

6 not exceed the amount specified for such subsequent

7 fiscal year in such application as approved by the

8 State.

9 ‘‘(5) Such other information and assurances as

10 the Administrator may reasonably require by rule.

11 ‘‘(b) APPROVAL OF APPLICATIONS.—

12 ‘‘(1) APPROVAL REQUIRED.—Subject to para13 graph (2), the Administrator shall approve an appli14 cation, and amendments to such application submit15 ted in subsequent fiscal years, that satisfy the require16 ments of subsection (a).

17 ‘‘(2) LIMITATION.—The Administrator may not

18 approve such application (including amendments to

19 such application) for a fiscal year unless—

20 ‘‘(A)(i) the State submitted a plan under

21 section 223 for such fiscal year; and

22 ‘‘(ii) such plan is approved by the Adminis23 trator for such fiscal year; or

24 ‘‘(B) the Administrator waives the applica25 tion of subparagraph (A) to such State for such
41

•S 2073 EAH

1 fiscal year, after finding good cause for such a

2 waiver.

3 ‘‘SEC. 244. GRANTS FOR LOCAL PROJECTS.

4 ‘‘(a) SELECTION FROM AMONG APPLICATIONS.—(1)

5 Using a grant received under section 241, a State may

6 make grants to eligible entities whose applications are re7 ceived by the State in accordance with subsection (b) to

8 carry out projects and activities described in section 241.

9 ‘‘(2) For purposes of making such grants, the State

10 shall give special consideration to eligible entities that—

11 ‘‘(A) propose to carry out such projects in geo12 graphical areas in which there is—

13 ‘‘(i) a disproportionately high level of seri14 ous crime committed by juveniles; or

15 ‘‘(ii) a recent rapid increase in the number

16 of nonstatus offenses committed by juveniles;

17 ‘‘(B)(i) agreed to carry out such projects or ac18 tivities that are multidisciplinary and involve 2 or

19 more eligible entities; or

20 ‘‘(ii) represent communities that have a com21 prehensive plan designed to identify at-risk juveniles

22 and to prevent or reduce the rate of juvenile delin23 quency, and that involve other entities operated by in24 dividuals who have a demonstrated history of involve-
42

•S 2073 EAH

1 ment in activities designed to prevent juvenile delin2 quency; and

3 ‘‘(C) the amount of resources (in cash or in kind)

4 such entities will provide to carry out such projects

5 and activities.

6 ‘‘(b) RECEIPT OF APPLICATIONS.—(1) Subject to para7 graph (2), a unit of general local government shall submit

8 to the State simultaneously all applications that are—

9 ‘‘(A) timely received by such unit from eligible

10 entities; and

11 ‘‘(B) determined by such unit to be consistent

12 with a current plan formulated by such unit for the

13 purpose of preventing, and reducing the rate of, juve14 nile delinquency in the geographical area under the

15 jurisdiction of such unit.

16 ‘‘(2) If an application submitted to such unit by an

17 eligible entity satisfies the requirements specified in sub18 paragraphs (A) and (B) of paragraph (1), such entity may

19 submit such application directly to the State.

20 ‘‘SEC. 245. ELIGIBILITY OF ENTITIES.

21 ‘‘(a) ELIGIBILITY.—Subject to subsections (b) and ex22 cept as provided in subsection (c), to be eligible to receive

23 a grant under section 244, a community-based organiza24 tion, local juvenile justice system officials (including pros25 ecutors, police officers, judges, probation officers, parole offi-
43

•S 2073 EAH

1 cers, and public defenders), local education authority (as

2 defined in section 14101 of the Elementary and Secondary

3 Education Act of 1965 and including a school within such

4 authority), nonprofit private organization, unit of general

5 local government, or social service provider, and or other

6 entity with a demonstrated history of involvement in the

7 prevention of juvenile delinquency, shall submit to a unit

8 of general local government an application that contains

9 the following:

10 ‘‘(1) An assurance that such applicant will use

11 such grant, and each such grant received for the sub12 sequent fiscal year, to carry out throughout a 2-year

13 period a project or activity described in reasonable

14 detail, and of a kind described in one or more of

15 paragraphs (1) through (14) of section 241 as speci16 fied in, such application.

17 ‘‘(2) A statement of the particular goals such

18 project or activity is designed to achieve, and the

19 methods such entity will use to achieve, and assess the

20 achievement of, each of such goals.

21 ‘‘(3) A statement identifying the research (if

22 any) such entity relied on in preparing such applica23 tion.
44

•S 2073 EAH

1 ‘‘(b) REVIEW AND SUBMISSION OF APPLICATIONS.—

2 Except as provided in subsection (c), an entity shall not

3 be eligible to receive a grant under section 244 unless—

4 ‘‘(1) such entity submits to a unit of general

5 local government an application that—

6 ‘‘(A) satisfies the requirements specified in

7 subsection (a); and

8 ‘‘(B) describes a project or activity to be

9 carried out in the geographical area under the

10 jurisdiction of such unit; and

11 ‘‘(2) such unit determines that such project or

12 activity is consistent with a current plan formulated

13 by such unit for the purpose of preventing, and reduc14 ing the rate of, juvenile delinquency in the geographi15 cal area under the jurisdiction of such unit.

16 ‘‘(c) LIMITATION.—If an entity that receives a grant

17 under section 244 to carry out a project or activity for a

18 2-year period, and receives technical assistance from the

19 State or the Administrator after requesting such technical

20 assistance (if any), fails to demonstrate, before the expira21 tion of such 2-year period, that such project or such activity

22 has achieved substantial success in achieving the goals spec23 ified in the application submitted by such entity to receive

24 such grants, then such entity shall not be eligible to receive
45

•S 2073 EAH

1 any subsequent grant under such section to continue to

2 carry out such project or activity.’’.

3 SEC. 111. RESEARCH; EVALUATION; TECHNICAL ASSIST4 ANCE; TRAINING.

5 Title II of the Juvenile Justice and Delinquency Pre6 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

7 by inserting after part C, as added by section 110, the fol8 lowing:

9 ‘‘PART D—RESEARCH; EVALUATION; TECHNICAL

10 ASSISTANCE; TRAINING

11 ‘‘SEC. 251. RESEARCH AND EVALUATION; STATISTICAL

12 ANALYSES; INFORMATION DISSEMINATION

13 ‘‘(a) RESEARCH AND EVALUATION.—(1) The Adminis14 trator may—

15 ‘‘(A) plan and identify, after consultation with

16 the Director of the National Institute of Justice, the

17 purposes and goals of all agreements carried out with

18 funds provided under this subsection; and

19 ‘‘(B) make agreements with the National Insti20 tute of Justice or, subject to the approval of the As21 sistant Attorney General for the Office of Justice Pro22 grams, with another Federal agency authorized by

23 law to conduct research or evaluation in juvenile jus24 tice matters, for the purpose of providing research

25 and evaluation relating to—
46

•S 2073 EAH

1 ‘‘(i) the prevention, reduction, and control

2 of juvenile delinquency and serious crime com3 mitted by juveniles;

4 ‘‘(ii) the link between juvenile delinquency

5 and the incarceration of members of the families

6 of juveniles;

7 ‘‘(iii) successful efforts to prevent first-time

8 minor offenders from committing subsequent in9 volvement in serious crime;

10 ‘‘(iv) successful efforts to prevent recidivism;

11 ‘‘(v) the juvenile justice system;

12 ‘‘(vi) juvenile violence; and

13 ‘‘(vii) other purposes consistent with the

14 purposes of this title and title I.

15 ‘‘(2) The Administrator shall ensure that an equitable

16 amount of funds available to carry out paragraph (1)(B)

17 is used for research and evaluation relating to the preven18 tion of juvenile delinquency.

19 ‘‘(b) STATISTICAL ANALYSES..—The Administrator

20 may—

21 ‘‘(1) plan and identify, after consultation with

22 the Director of the Bureau of Justice Statistics, the

23 purposes and goals of all agreements carried out with

24 funds provided under this subsection; and
47

•S 2073 EAH

1 ‘‘(2) make agreements with the Bureau of Justice

2 Statistics, or subject to the approval of the Assistant

3 Attorney General for the Office of Justice Programs,

4 with another Federal agency authorized by law to un5 dertake statistical work in juvenile justice matters, for

6 the purpose of providing for the collection, analysis,

7 and dissemination of statistical data and information

8 relating to juvenile delinquency and serious crimes

9 committed by juveniles, to the juvenile justice system,

10 to juvenile violence, and to other purposes consist

11 with the purposes of this title and title I.

12 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad13 ministrator shall use a competitive process, established by

14 rule by the Administrator, to carry out subsections (a) and

15 (b).

16 ‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Federal

17 agency that makes an agreement under subsections

18 (a)(1)(B) and (b)(2) with the Administrator may carry out

19 such agreement directly or by making grants to or contracts

20 with public and private agencies, institutions, and organi21 zations.

22 ‘‘(e) INFORMATION DISSEMINATION.—The Adminis23 trator may—

24 ‘‘(1) review reports and data relating to the juve25 nile justice system in the United States and in for-
48

•S 2073 EAH

1 eign nations (as appropriate), collect data and infor2 mation from studies and research into all aspects of

3 juvenile delinquency (including the causes, preven4 tion, and treatment of juvenile delinquency) and seri5 ous crimes committed by juveniles;

6 ‘‘(2) establish and operate, directly or by con7 tract, a clearinghouse and information center for the

8 preparation, publication, and dissemination of infor9 mation relating to juvenile delinquency, including

10 State and local prevention and treatment programs,

11 plans, resources, and training and technical assist12 ance programs; and

13 ‘‘(3) make grants and contracts with public and

14 private agencies, institutions, and organizations, for

15 the purpose of disseminating information to rep16 resentatives and personnel of public and private agen17 cies, including practitioners in juvenile justice, law

18 enforcement, the courts, corrections, schools, and relat19 ed services, in the establishment, implementation, and

20 operation of projects and activities for which finan21 cial assistance is provided under this title.

22 ‘‘SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

23 ‘‘(a) TRAINING.—The Administrator may—

24 ‘‘(1) develop and carry out projects for the pur25 pose of training representatives and personnel of pub-
49

•S 2073 EAH

1 lic and private agencies, including practitioners in

2 juvenile justice, law enforcement, courts, corrections,

3 schools, and related services, to carry out the purposes

4 specified in section 102; and

5 ‘‘(2) make grants to and contracts with public

6 and private agencies, institutions, and organizations

7 for the purpose of training representatives and per8 sonnel of public and private agencies, including prac9 titioners in juvenile justice, law enforcement, courts,

10 corrections, schools, and related services, to carry out

11 the purposes specified in section 102.

12 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator

13 may—

14 ‘‘(1) develop and implement projects for the pur15 pose of providing technical assistance to representa16 tives and personnel of public and private agencies

17 and organizations, including practitioners in juvenile

18 justice, law enforcement, courts, corrections, schools,

19 and related services, in the establishment, implemen20 tation, and operation of programs, projects, and ac21 tivities for which financial assistance is provided

22 under this title; and

23 ‘‘(2) make grants to and contracts with public

24 and private agencies, institutions, and organizations,

25 for the purpose of providing technical assistance to
50

•S 2073 EAH

1 representatives and personnel of public and private

2 agencies, including practitioners in juvenile justice,

3 law enforcement, courts, corrections, schools, and re4 lated services, in the establishment, implementation,

5 and operation of programs, projects, and activities for

6 which financial assistance is provided under this

7 title.’’.

8 SEC. 112. DEMONSTRATION PROJECTS.

9 Title II of the Juvenile Justice and Delinquency Pre10 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

11 by inserting after part D, as added by section 111, the fol12 lowing:

13 ‘‘PART E—DEVELOPING, TESTING, AND DEM14 ONSTRATING PROMISING NEW INITIATIVES

15 AND PROGRAMS

16 ‘‘SEC. 261. GRANTS AND PROJECTS.

17 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis18 trator may make grants to and contracts with States, units

19 of general local government, Indian tribal governments,

20 public and private agencies, organizations, and individ21 uals, or combinations thereof, to carry out projects for the

22 development, testing, and demonstration of promising ini23 tiatives and programs for the prevention, control, or reduc24 tion of juvenile delinquency. The Administrator shall ensure

25 that, to the extent reasonable and practicable, such grants
51

•S 2073 EAH

1 are made to achieve an equitable geographical distribution

2 of such projects throughout the United States.

3 ‘‘(b) USE OF GRANTS.—A grant made under sub4 section (a) may be used to pay all or part of the cost of

5 the project for which such grant is made.

6 ‘‘SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

7 ‘‘The Administrator may make grants to and contracts

8 with public and private agencies, organizations, and indi9 viduals to provide technical assistance to States, units of

10 general local government, Indian tribal governments, local

11 private entities or agencies, or any combination thereof, to

12 carry out the projects for which grants are made under sec13 tion 261.

14 ‘‘SEC. 263. ELIGIBILITY.

15 ‘‘To be eligible to receive a grant made under this part,

16 a public or private agency, Indian tribal government, orga17 nization, institution, individual, or combination thereof

18 shall submit an application to the Administrator at such

19 time, in such form, and containing such information as the

20 Administrator may reasonable require by rule.

21 ‘‘SEC. 264. REPORTS.

22 ‘‘Recipients of grants made under this part shall sub23 mit to the Administrator such reports as may be reasonably

24 requested by the Administrator to describe progress achieved

25 in carrying the projects for which such grants are made.’’.
52

•S 2073 EAH

1 SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

2 Section 299 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5671) is amended—

4 (1) by striking subsection (e), and

5 (2) by striking subsections (a), (b), and (c), and

6 inserting the following:

7 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR TITLE

8 II (EXCLUDING PARTS C AND E).—(1) There are author9 ized to be appropriated to carry out this title such sums

10 as may be appropriate for fiscal years 1999, 2000, 2001,

11 and 2002.

12 ‘‘(2) Of such sums as are appropriated for a fiscal year

13 to carry out this title (other than parts C and E)—

14 ‘‘(A) not more than 5 percent shall be available

15 to carry out part A;

16 ‘‘(B) not less than 80 percent shall be available

17 to carry out part B; and

18 ‘‘(C) not more than 15 percent shall be available

19 to carry out part D.

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR PART

21 C.—There are authorized to be appropriated to carry out

22 part C such sums as may be necessary for fiscal years 1999,

23 2000, 2001, and 2002.

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

25 E.—There are authorized to be appropriated to carry out

26 part E, and authorized to remain available until expended,
53

•S 2073 EAH

1 such sums as may be necessary for fiscal years 1999, 2000,

2 2001, and 2002.’’.

3 SEC. 114. ADMINISTRATIVE AUTHORITY.

4 Section 299A of the Juvenile Justice and Delinquency

5 Prevention Act of 1974 (42 U.S.C. 5672) is amended—

6 (1) in subsection (d) by striking ‘‘as are consist7 ent with the purpose of this Act’’ and inserting ‘‘only

8 to the extent necessary to ensure that there is compli9 ance with the specific requirements of this title or to

10 respond to requests for clarification and guidance re11 lating to such compliance’’; and

12 (2) by adding at the end the following:

13 ‘‘(e) If a State requires by law compliance with the

14 requirements described in paragraphs (11), (12), and (13)

15 of section 223(a), then for the period such law is in effect

16 in such State such State shall be rebuttably presumed to

17 satisfy such requirements.’’.

18 SEC. 115. USE OF FUNDS.

19 Section 299C of the Juvenile Justice and Delinquency

20 Prevention Act of 1974 (42 U.S.C. 5674) is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘may be used for’’;

23 (B) in paragraph (1) by inserting ‘‘may be

24 used for’’ after ‘‘(1)’’; and
54

•S 2073 EAH

1 (C) by amending paragraph (2) to read as

2 follows:

3 ‘‘(2) may not be used for the cost of construction

4 of any facility, except not more than 15 percent of the

5 funds received under this title by a State for a fiscal

6 year may be used for the purpose of renovating or re7 placing juvenile facilities.’’;

8 (2) by striking subsection (b); and

9 (3) by redesignating subsection (c) as subsection

10 (b).

11 SEC. 116. LIMITATION ON USE OF FUNDS.

12 Part F of title II of the Juvenile Justice and Delin13 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

14 as so redesignated by section 110, is amended adding at

15 the end the following:

16 ‘‘SEC. 299F. LIMITATION ON USE OF FUNDS.

17 ‘‘None of the funds made available to carry out this

18 title may be used to advocate for, or support, the unsecured

19 release of juveniles who are charged with a violent crime.’’.

20 SEC. 117. RULES OF CONSTRUCTION.

21 Part F of title II of the Juvenile Justice and Delin22 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

23 as so redesignated by section 110 and amended by section

24 116, is amended adding at the end the following:
55

•S 2073 EAH

1 ‘‘SEC. 299G. RULES OF CONSTRUCTION.

2 ‘‘Nothing in this title or title I shall be construed—

3 ‘‘(1) to prevent financial assistance from being

4 awarded through grants under this title to any other5 wise eligible organization; or

6 ‘‘(2) to modify or affect any Federal or State law

7 relating to collective bargaining rights of employees.’’.

8 SEC. 118. LEASING SURPLUS FEDERAL PROPERTY.

9 Part F of title II of the Juvenile Justice and Delin10 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

11 as so redesignated by section 110 and amended by section

12 117, is amended adding at the end the following:

13 ‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

14 ‘‘The Administrator may receive surplus Federal prop15 erty (including facilities) and may lease such property to

16 States and units of general local government for use in or

17 as facilities for juvenile offenders, or for use in or as facili18 ties for delinquency prevention and treatment activities.’’.

19 SEC. 119. ISSUANCE OF RULES.

20 Part F of title II or the Juvenile Justice and Delin21 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

22 as so redesignated by section 110 and amended by section

23 118, is amended adding at the end the following:

24 ‘‘SEC. 299I. ISSUANCE OF RULES.

25 ‘‘The Administrator shall issue rules to carry out this

26 title, including rules that establish procedures and methods
56

•S 2073 EAH

1 for making grants and contracts, and distributing funds

2 available, to carry out this title.’’.

3 SEC. 120. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) TECHNICAL AMENDMENTS.—The Juvenile Justice

5 and Delinquency Prevention Act of 1974 (42 U.S.C. 5601

6 et seq.) is amended—

7 (1) in section 202(b) by striking ‘‘prescribed for

8 GS–18 of the General Schedule by section 5332’’ and

9 inserting ‘‘payable under section 5376’’;

10 (2) in section 221(b)(2) by striking the last sen11 tence;

12 (3) in section 299D by striking subsection (d);

13 and

14 (4) by striking titles IV and V, as originally en15 acted by Public Law 93–415 (88 Stat. 1132–1143).

16 (b) CONFORMING AMENDMENTS.—(1) Section 5315 of

17 title 5 of the United States Code is amended by striking

18 ‘‘Office of Juvenile Justice and Delinquency Prevention’’

19 and inserting ‘‘Office of Juvenile Crime Control and Delin20 quency Prevention’’.

21 (2) Section 4351(b) of title 18 of the United States

22 Code is amended by striking ‘‘Office of Juvenile Justice and

23 Delinquency Prevention’’ and inserting ‘‘Office of Juvenile

24 Crime Control and Delinquency Prevention’’.
57

•S 2073 EAH

1 (3) Subsections (a)(1) and (c) of section 3220 of title

2 39 of the United States Code is amended by striking ‘‘Office

3 of Juvenile Justice and Delinquency Prevention’’ each place

4 it appears and inserting ‘‘Office of Juvenile Crime Control

5 and Delinquency Prevention’’.

6 (4) Section 463(f) of the Social Security Act (42

7 U.S.C. 663(f)) is amended by striking ‘‘Office of Juvenile

8 Justice and Delinquency Prevention’’ and inserting ‘‘Office

9 of Juvenile Crime Control and Delinquency Prevention’’.

10 (5) Sections 801(a), 804, 805, and 813 of title I of

11 the Omnibus Crime Control and Safe Streets Act of 1968

12 (42 U.S.C. 3712(a), 3782, 3785, 3786, 3789i) are amended

13 by striking ‘‘Office of Juvenile Justice and Delinquency

14 Prevention’’ each place it appears and inserting ‘‘Office of

15 Juvenile Crime Control and Delinquency Prevention’’.

16 (6) The Victims of Child Abuse Act of 1990 (42 U.S.C.

17 13001 et seq.) is amended—

18 (A) in section 214(b(1) by striking ‘‘262, 293,

19 and 296 of subpart II of title II’’ and inserting

20 ‘‘299B and 299E’’;

21 (B) in section 214A(c)(1) by striking ‘‘262, 293,

22 and 296 of subpart II of title II’’ and inserting

23 ‘‘299B and 299E’’;

24 (C) in sections 217 and 222 by striking ‘‘Office

25 of Juvenile Justice and Delinquency Prevention’’ each
58

•S 2073 EAH

1 place it appears and inserting ‘‘Office of Juvenile

2 Crime Control and Delinquency Prevention’’; and

3 (D) in section 223(c) by striking ‘‘section 262,

4 293, and 296’’ and inserting ‘‘sections 262, 299B, and

5 299E’’.

6 (7) The Missing Children’s Assistance Act (42 U.S.C.

7 5771 et seq.) is amended—

8 (A) in section 403(2) by striking ‘‘Justice and

9 Delinquency Prevention’’ and inserting ‘‘Crime Con10 trol and Delinquency Prevention’’; and

11 (B) in subsections (a)(5)(E) and (b)(1)(B) of sec12 tion 404 by striking ‘‘section 313’’ and inserting ‘‘sec13 tion 331’’.

14 (8) The Crime Control Act of 1990 (42 U.S.C. 13001

15 et seq.) is amended—

16 (A) in section 217(c)(1) by striking ‘‘sections

17 262, 293, and 296 of subpart II of title II’’ and in18 serting ‘‘sections 299B and 299E’’; and

19 (B) in section 223(c) by striking ‘‘section 262,

20 293, and 296 of title II’’ and inserting ‘‘sections 299B

21 and 299E’’.

22 SEC. 121. REFERENCES.

23 In any Federal law (excluding this Act and the Acts

24 amended by this Act), Executive order, rule, regulation,
59

•S 2073 EAH

1 order, delegation of authority, grant, contract, suit, or docu2 ment—

3 (1) a reference to the Office of Juvenile Justice

4 and Delinquency Prevention shall be deemed to in5 clude a reference to the Office of Juvenile Crime Con6 trol and Delinquency Prevention; and

7 (2) a reference to the National Institute for Juve8 nile Justice and Delinquency Prevention shall be

9 deemed to include a reference to Office of Juvenile

10 Crime Control and Delinquency Prevention.

11 TITLE II—AMENDMENTS TO THE

12 RUNAWAY AND HOMELESS

13 YOUTH ACT

14 SEC. 201. FINDINGS.

15 Section 302 of the Runaway and Homeless Youth Act

16 (42 U.S.C. 5701) is amended—

17 (1) in paragraph (5) by striking ‘‘accurate re18 porting of the problem nationally’’ and inserting ‘‘an

19 accurate national reporting system to report the prob20 lem,’’; and

21 (2) by amending paragraph (8) to read as fol22 lows:

23 ‘‘(8) services for runaway and homeless youth

24 are needed in urban, suburban and rural areas;’’.
60

•S 2073 EAH

1 SEC. 202. AUTHORITY TO MAKE GRANTS FOR CENTERS AND

2 SERVICES.

3 Section 311 of the Runaway and Homeless Youth Act

4 (42 U.S.C. 5711) is amended—

5 (1) by amending subsection (a) to read as fol6 lows:

7 ‘‘(a)(1) The Secretary shall make grants to public and

8 nonprofit private entities (and combinations of such enti9 ties) to establish and operate (including renovation) local

10 centers to provide services for runaway and homeless youth

11 and for the families of such youth.

12 ‘‘(2) Such services—

13 ‘‘(A) shall be provided as an alternative to in14 volving runaway and homeless youth in the law en15 forcement, child welfare, mental health, and juvenile

16 justice systems;

17 ‘‘(B) shall include—

18 ‘‘(i) safe and appropriate shelter; and

19 ‘‘(ii) individual, family, and group counsel20 ing, as appropriate; and

21 ‘‘(C) may include—

22 ‘‘(i) street-based services;

23 ‘‘(ii) home-based services for families with

24 youth at risk of separation from the family; and

25 ‘‘(iii) drug abuse education and prevention

26 services.’’;
61

•S 2073 EAH

1 (2) in subsection (b)—

2 (A) in paragraph (2) by striking ‘‘the Trust

3 Territory of the Pacific Islands,’’; and

4 (B) by striking paragraph (4); and

5 (3) by striking subsections (c) and (d).

6 SEC. 203. ELIGIBILITY.

7 Section 312 of the Runaway and Homeless Youth Act

8 (42 U.S.C. 5712) is amended—

9 (1) in subsection (b)—

10 (A) in paragraph (8) by striking ‘‘para11 graph (6)’’ and inserting ‘‘paragraph (7)’’;

12 (B) in paragraph (10) by striking ‘‘and’’ at

13 the end;

14 (C) in paragraph (11) by striking the pe15 riod at the end and inserting ‘‘; and’’; and

16 (D) by adding at the end the following:

17 ‘‘(12) shall submit to the Secretary an annual

18 report that includes—

19 ‘‘(A) information regarding the activities

20 carried out under this part;

21 ‘‘(B) the achievements of the project under

22 this part carried out by the applicant; and

23 ‘‘(C) statistical summaries describing—

24 ‘‘(i) the number and the characteristics

25 of the runaway and homeless youth, and
62

•S 2073 EAH

1 youth at risk of family separation, who par2 ticipate in the project; and

3 ‘‘(ii) the services provided to such

4 youth by the project;

5 in the year for which the report is submitted.’’; and

6 (2) by striking subsections (c) and (d) and in7 serting the following:

8 ‘‘(c) To be eligible to use assistance under section

9 311(a)(2)(C)(i) to provide street-based services, the appli10 cant shall include in the plan required by subsection (b)

11 assurances that in providing such services the applicant

12 will—

13 ‘‘(1) provide qualified supervision of staff, in14 cluding on-street supervision by appropriately

15 trained staff;

16 ‘‘(2) provide backup personnel for on-street staff;

17 ‘‘(3) provide initial and periodic training of

18 staff who provide such services; and

19 ‘‘(4) conduct outreach activities for runaway and

20 homeless youth, and street youth.

21 ‘‘(d) To be eligible to use assistance under section

22 311(a) to provide home-based services described in section

23 311(a)(2)(C)(ii), an applicant shall include in the plan re24 quired by subsection (b) assurances that in providing such

25 services the applicant will—
63

•S 2073 EAH

1 ‘‘(1) provide counseling and information to

2 youth and the families (including unrelated individ3 uals in the family households) of such youth, includ4 ing services relating to basic life skills, interpersonal

5 skill building, educational advancement, job attain6 ment skills, mental and physical health care, parent7 ing skills, financial planning, and referral to sources

8 of other needed services;

9 ‘‘(2) provide directly, or through an arrangement

10 made by the applicant, 24-hour service to respond to

11 family crises (including immediate access to tem12 porary shelter for runaway and homeless youth, and

13 youth at risk of separation from the family);

14 ‘‘(3) establish, in partnership with the families

15 of runaway and homeless youth, and youth at risk of

16 separation from the family, objectives and measures of

17 success to be achieved as a result of receiving home18 based services;

19 ‘‘(4) provide initial and periodic training of

20 staff who provide home-based services; and

21 ‘‘(5) ensure that—

22 ‘‘(A) caseloads will remain sufficiently low

23 to allow for intensive (5 to 20 hours per week)

24 involvement with each family receiving such

25 services; and
64

•S 2073 EAH

1 ‘‘(B) staff providing such services will re2 ceive qualified supervision.

3 ‘‘(e) To be eligible to use assistance under section

4 311(a)(2)(C)(iii) to provide drug abuse education and pre5 vention services, an applicant shall include in the plan re6 quired by subsection (b)—

7 ‘‘(1) a description of—

8 ‘‘(A) the types of such services that the ap9 plicant proposes to provide;

10 ‘‘(B) the objectives of such services; and

11 ‘‘(C) the types of information and training

12 to be provided to individuals providing such

13 services to runaway and homeless youth; and

14 ‘‘(2) an assurance that in providing such services

15 the applicant shall conduct outreach activities for

16 runaway and homeless youth.’’.

17 SEC. 204. APPROVAL OF APPLICATIONS.

18 Section 313 of the Runaway and Homeless Youth Act

19 (42 U.S.C. 5713) is amended to read as follows:

20 ‘‘APPROVAL OF APPLICATIONS

21 ‘‘SEC. 313. (a) An application by a public or private

22 entity for a grant under section 311(a) may be approved

23 by the Secretary after taking into consideration, with re24 spect to the State in which such entity proposes to provide

25 services under this part—
65

•S 2073 EAH

1 ‘‘(1) the geographical distribution in such State

2 of the proposed services under this part for which all

3 grant applicants request approval; and

4 ‘‘(2) which areas of such State have the greatest

5 need for such services.

6 ‘‘(b) The Secretary shall, in considering applications

7 for grants under section 311(a), give priority to—

8 ‘‘(1) eligible applicants who have demonstrated

9 experience in providing services to runaway and

10 homeless youth; and

11 ‘‘(2) eligible applicants that request grants of less

12 than $200,000.’’.

13 SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT

14 PROGRAM.

15 Section 321 of the Runaway and Homeless Youth Act

16 (42 U.S.C. 5714–1) is amended—

17 (1) in the heading by striking ‘‘PURPOSE AND’’;

18 (2) in subsection (a) by striking ‘‘(a)’’; and

19 (3) by striking subsection (b).

20 SEC. 206. ELIGIBILITY.

21 Section 322(a)(9) of the Runaway and Homeless Youth

22 Act (42 U.S.C. 5714–2(a)(9)) is amended by inserting ‘‘,

23 and the services provided to such youth by such project,’’

24 after ‘‘such project’’.
66

•S 2073 EAH

1 SEC. 207. AUTHORITY TO MAKE GRANTS FOR RESEARCH,

2 EVALUATION, DEMONSTRATION, AND SERV3 ICE PROJECTS.

4 Section 343 of the Runaway and Homeless Youth Act

5 (42 U.S.C. 5714–23) is amended—

6 (1) in the heading of such section by inserting

7 ‘‘EVALUATION,’’ after ‘‘RESEARCH,’’;

8 (2) in subsection (a) by inserting ‘‘evaluation,’’

9 after ‘‘research,’’; and

10 (3) in subsection (b)—

11 (A) by striking paragraph (2); and

12 (B) by redesignating paragraphs (3)

13 through (10) as paragraphs (2) through (9), re14 spectively.

15 SEC. 208. TEMPORARY DEMONSTRATION PROJECTS TO

16 PROVIDE SERVICES TO YOUTH IN RURAL

17 AREAS.

18 Section 344 of the Runaway and Homeless Youth Act

19 (42 U.S.C. 5714–24) is repealed.

20 SEC. 209. SEXUAL ABUSE PREVENTION PROGRAM.

21 Section 40155 of the Violent Crime Control and Law

22 Enforcement Act of 1994 (Public Law 103–322; 108 Stat.

23 1922) is amended to read as follows:
67

•S 2073 EAH

1 ‘‘SEC. 40155. EDUCATION AND PREVENTION GRANTS TO RE2 DUCE SEXUAL ABUSE OF RUNAWAY, HOME3 LESS, AND STREET YOUTH.

4 ‘‘(a) AUTHORITY FOR PROGRAM.—The Runaway and

5 Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended—

6 ‘‘(1) by striking the heading for part F;

7 ‘‘(2) by redesignating part E as part F; and

8 ‘‘(3) by inserting after part D the following:

9 ‘‘ ‘PART E—SEXUAL ABUSE PREVENTION

10 PROGRAM

11 ‘‘ ‘SEC. 351. AUTHORITY TO MAKE GRANTS.

12 ‘‘ ‘(a) The Secretary may make grants to nonprofit pri13 vate agencies for the purpose of providing street-based serv14 ices to runaway and homeless, and street youth, who have

15 been subjected to, or are at risk of being subjected to, sexual

16 abuse.

17 ‘‘ ‘(b) In selecting applicants to receive grants under

18 subsection (a), the Secretary shall give priority to non-prof19 it private agencies that have experience in providing serv20 ices to runaway and homeless, and street youth.’.

21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Section

22 389(a) of the Runaway and Homeless Youth Act (42 U.S.C.

23 5751), as amended by section 213 of the Juvenile Crime

24 Control and Delinquency Prevention Act of 1998, is amend25 ed by adding at the end the following:
68

•S 2073 EAH

1 ‘‘ ‘(4) There are authorized to be appropriated to carry

2 out part E such sums as may be necessary for fiscal years

3 1999, 2000, 2001, and 2002.’ ’’.

4 SEC. 210. ASSISTANCE TO POTENTIAL GRANTEES.

5 Section 371 of the Runaway and Homeless Youth Act

6 (42 U.S.C. 5714a) is amended by striking the last sentence.

7 SEC. 211. REPORTS.

8 Section 381 of the Runaway and Homeless Youth Act

9 (42 U.S.C. 5715) is amended to read as follows:

10 ‘‘REPORTS

11 ‘‘SEC. 381. (a) Not later than April 1, 1999, and at

12 2-year intervals thereafter, the Secretary shall submit, to

13 the Committee on Education and the Workforce of the

14 House of Representatives and the Committee on the Judici15 ary of the Senate, a report on the status, activities, and

16 accomplishments of entities that receive grants under parts

17 A, B, C, D, and E, with particular attention to—

18 ‘‘(1) in the case of centers funded under part A,

19 the ability or effectiveness of such centers in—

20 ‘‘(A) alleviating the problems of runaway

21 and homeless youth;

22 ‘‘(B) if applicable or appropriate, reuniting

23 such youth with their families and encouraging

24 the resolution of intrafamily problems through

25 counseling and other services;
69

•S 2073 EAH

1 ‘‘(C) strengthening family relationships and

2 encouraging stable living conditions for such

3 youth; and

4 ‘‘(D) assisting such youth to decide upon a

5 future course of action; and

6 ‘‘(2) in the case of projects funded under part

7 B—

8 ‘‘(A) the number and characteristics of

9 homeless youth served by such projects;

10 ‘‘(B) the types of activities carried out by

11 such projects;

12 ‘‘(C) the effectiveness of such projects in al13 leviating the problems of homeless youth;

14 ‘‘(D) the effectiveness of such projects in

15 preparing homeless youth for self-sufficiency;

16 ‘‘(E) the effectiveness of such projects in as17 sisting homeless youth to decide upon future edu18 cation, employment, and independent living;

19 ‘‘(F) the ability of such projects to encour20 age the resolution of intrafamily problems

21 through counseling and development of self-suffi22 cient living skills; and

23 ‘‘(G) activities and programs planned by

24 such projects for the following fiscal year.
70

•S 2073 EAH

1 ‘‘(b) The Secretary shall include in the report required

2 by subsection (a) summaries of—

3 ‘‘(1) the evaluations performed by the Secretary

4 under section 386; and

5 ‘‘(2) descriptions of the qualifications of, and

6 training provided to, individuals involved in carry7 ing out such evaluations.’’.

8 SEC. 212. EVALUATION.

9 Section 384 of the Runaway and Homeless Youth Act

10 (42 U.S.C. 5732) is amended to read as follows:

11 ‘‘EVALUATION AND INFORMATION

12 ‘‘SEC. 384. (a) If a grantee receives grants for 3 con13 secutive fiscal years under part A, B, C, D, or E (in the

14 alternative), then the Secretary shall evaluate such grantee

15 on-site, not less frequently than once in the period of such

16 3 consecutive fiscal years, for purposes of—

17 ‘‘(1) determining whether such grants are being

18 used for the purposes for which such grants are made

19 by the Secretary;

20 ‘‘(2) collecting additional information for the re21 port required by section 383; and

22 ‘‘(3) providing such information and assistance

23 to such grantee as will enable such grantee to improve

24 the operation of the centers, projects, and activities for

25 which such grants are made.
71

•S 2073 EAH

1 ‘‘(b) Recipients of grants under this title shall cooper2 ate with the Secretary’s efforts to carry out evaluations, and

3 to collect information, under this title.’’.

4 SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

5 Section 385 of the Runaway and Homeless Youth Act

6 (42 U.S.C. 5751) is amended to read as follows:

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 389. (a)(1) There are authorized to be appro9 priated to carry out this title (other than part E) such sums

10 as may be necessary for fiscal years 1999, 2000, 2001, and

11 2002.

12 ‘‘(2)(A) From the amount appropriated under para13 graph (1) for a fiscal year, the Secretary shall reserve not

14 less than 90 percent to carry out parts A and B.

15 ‘‘(B) Of the amount reserved under subparagraph (A),

16 not less than 20 percent, and not more than 30 percent,

17 shall be reserved to carry out part B.

18 ‘‘(3) After reserving the amounts required by para19 graph (2), the Secretary shall reserve the remaining amount

20 (if any) to carry out parts C and D.

21 ‘‘(b) No funds appropriated to carry out this title may

22 be combined with funds appropriated under any other Act

23 if the purpose of combining such funds is to make a single

24 discretionary grant, or a single discretionary payment, un25 less such funds are separately identified in all grants and
72

•S 2073 EAH

1 contracts and are used for the purposes specified in this

2 title.’’.

3 SEC. 214. CONSOLIDATED REVIEW OF APPLICATIONS.

4 The Runaway and Homeless Youth Act (42 U.S.C.

5 5701 et seq.) is amended by inserting after section 384 the

6 following:

7 ‘‘CONSOLIDATED REVIEW OF APPLICATIONS

8 ‘‘SEC. 385. With respect to funds available to carry

9 out parts A, B, C, D, and E, nothing in this title shall

10 be construed to prohibit the Secretary from—

11 ‘‘(1) announcing, in a single announcement, the

12 availability of funds for grants under 2 or more of

13 such parts; and

14 ‘‘(2) reviewing applications for grants under 2

15 or more of such parts in a single, consolidated appli16 cation review process.’’.

17 SEC. 215. DEFINITIONS.

18 The Runaway and Homeless Youth Act (42 U.S.C.

19 5701 et seq.) is amended by inserting after section 385, as

20 added by section 214, the following:

21 ‘‘DEFINITIONS

22 ‘‘SEC. 386. For the purposes of this title:

23 ‘‘(1) The term ‘drug abuse education and preven24 tion services’—
73

•S 2073 EAH

1 ‘‘(A) means services to runaway and home2 less youth to prevent or reduce the illicit use of

3 drugs by such youth; and

4 ‘‘(B) may include—

5 ‘‘(i) individual, family, group, and

6 peer counseling;

7 ‘‘(ii) drop-in services;

8 ‘‘(iii) assistance to runaway and

9 homeless youth in rural areas (including

10 the development of community support

11 groups);

12 ‘‘(iv) information and training relat13 ing to the illicit use of drugs by runaway

14 and homeless youth, to individuals involved

15 in providing services to such youth; and

16 ‘‘(v) activities to improve the availabil17 ity of local drug abuse prevention services to

18 runaway and homeless youth.

19 ‘‘(2) The term ‘home-based services’—

20 ‘‘(A) means services provided to youth and

21 their families for the purpose of—

22 ‘‘(i) preventing such youth from run23 ning away, or otherwise becoming sepa24 rated, from their families; and
74

•S 2073 EAH

1 ‘‘(ii) assisting runaway youth to re2 turn to their families; and

3 ‘‘(B) includes services that are provided in

4 the residences of families (to the extent prac5 ticable), including—

6 ‘‘(i) intensive individual and family

7 counseling; and

8 ‘‘(ii) training relating to life skills and

9 parenting.

10 ‘‘(3) The term ‘homeless youth’ means an indi11 vidual—

12 ‘‘(A) who is—

13 ‘‘(i) not more than 21 years of age;

14 and

15 ‘‘(ii) for the purposes of part B, not

16 less than 16 years of age;

17 ‘‘(B) for whom it is not possible to live in

18 a safe environment with a relative; and

19 ‘‘(C) who has no other safe alternative liv20 ing arrangement.

21 ‘‘(4) The term ‘street-based services’—

22 ‘‘(A) means services provided to runaway

23 and homeless youth, and street youth, in areas

24 where they congregate, designed to assist such
75

•S 2073 EAH

1 youth in making healthy personal choices regard2 ing where they live and how they behave; and

3 ‘‘(B) may include—

4 ‘‘(i) identification of and outreach to

5 runaway and homeless youth, and street

6 youth;

7 ‘‘(ii) crisis intervention and counsel8 ing;

9 ‘‘(iii) information and referral for

10 housing;

11 ‘‘(iv) information and referral for

12 transitional living and health care services;

13 ‘‘(v) advocacy, education, and preven14 tion services related to—

15 ‘‘(I) alcohol and drug abuse;

16 ‘‘(II) sexually transmitted dis17 eases, including human immuno18 deficiency virus (HIV); and

19 ‘‘(III) physical and sexual as20 sault.

21 ‘‘(5) The term ‘street youth’ means an individual

22 who—

23 ‘‘(A) is—

24 ‘‘(i) a runaway youth; or
76

•S 2073 EAH

1 ‘‘(ii) indefinitely or intermittently a

2 homeless youth; and

3 ‘‘(B) spends a significant amount of time

4 on the street or in other areas which increase the

5 exposure of such youth to sexual abuse.

6 ‘‘(6) The term ‘transitional living youth project’

7 means a project that provides shelter and services de8 signed to promote a transition to self-sufficient living

9 and to prevent long-term dependency on social serv10 ices.

11 ‘‘(7) The term ‘youth at risk of separation from

12 the family’ means an individual—

13 ‘‘(A) who is less than 18 years of age; and

14 ‘‘(B)(i) who has a history of running away

15 from the family of such individual;

16 ‘‘(ii) whose parent, guardian, or custodian

17 is not willing to provide for the basic needs of

18 such individual; or

19 ‘‘(iii) who is at risk of entering the child

20 welfare system or juvenile justice system as a re21 sult of the lack of services available to the family

22 to meet such needs.’’.

23 SEC. 216. REDESIGNATION OF SECTIONS.

24 Sections 371, 372, 381, 382, 383, 384, 385, and 386

25 of the Runaway and Homeless Youth Act (42 U.S.C. 5714b–
77

•S 2073 EAH

1 5851 et seq.), as amended by this title, are redesignated as

2 sections 381, 382, 383, 384, 385, 386, 387, and 388, respec3 tively.

4 SEC. 217. TECHNICAL AMENDMENT.

5 Section 331 of the Runaway and Homeless Youth Act

6 (42 U.S.C. 5701 et seq.) is amended in the 1st sentence by

7 striking ‘‘With’’ and all that follows through ‘‘the Sec8 retary’’, and inserting ‘‘The Secretary’’.

9 TITLE III—REPEAL OF TITLE V

10 RELATING TO INCENTIVE

11 GRANTS FOR LOCAL DELIN12 QUENCY PREVENTION PRO13 GRAMS

14 SEC. 301. REPEALER.

15 Title V of the Juvenile Justice and Delinquency Pre16 vention Act of 1974 (42 U.S.C. 5681 et seq.), as added by

17 Public Law 102–586, is repealed.

18 TITLE IV—MISCELLANEOUS

19 AMENDMENTS

20 SEC. 401. NATIONAL RESOURCE CENTER AND CLEARING21 HOUSE FOR MISSING CHILDREN.

22 (a) ALTERNATIVE AUTHORIZATION OF APPROPRIA23 TIONS.—There is authorized to be appropriated to The Na24 tional Center for Missing and Exploited Children, a non25 profit corporation organized under the laws of the District
78

•S 2073 EAH

1 of Columbia, $5,000,000 for each of the fiscal years 1999,

2 2000, 2001, and 2002 to operate a national resource center

3 and clearinghouse designed—

4 (1) to provide to State and local governments,

5 public and private nonprofit agencies, and individ6 uals information regarding—

7 (A) free or low-cost legal, restaurant, lodg8 ing, and transportation services that are avail9 able for the benefit of missing children and their

10 families; and

11 (B) the existence and nature of programs

12 being carried out by Federal agencies to assist

13 missing children and their families;

14 (2) to coordinate public and private programs

15 which locate, recover, or reunite missing children with

16 their legal custodians;

17 (3) to disseminate nationally information about

18 innovative and model missing children’s programs,

19 services, and legislation; and

20 (4) to provide technical assistance and training

21 to law enforcement agencies, State and local govern22 ments, elements of the criminal justice system, public

23 and private nonprofit agencies, and individuals in

24 the prevention, investigation, prosecution, and treat-
79

•S 2073 EAH

1 ment of missing and exploited child cases and in lo2 cating and recovering missing children.

3 (b) CONFORMING AMENDMENTS.—Section 404(b) of the

4 Missing Children’s Assistance Act (42 U.S.C. 5773(b)) is

5 amended—

6 (1) by striking ‘‘, shall’’;

7 (2) in paragraph (1)—

8 (A) in subparagraph (A) by inserting

9 ‘‘shall’’ after ‘‘(A)’’; and

10 (B) in subparagraph (B) by striking ‘‘co11 ordinating’’ and inserting ‘‘shall coordinate’’;

12 (3) in paragraph (2) by inserting ‘‘for any fiscal

13 year for which no funds are appropriated under sec14 tion 2 of the Missing and Exploited Children Act of

15 1997, shall’’ after ‘‘(2)’’;

16 (4) in paragraph (3) by inserting ‘‘shall’’ after

17 ‘‘(3)’’; and

18 (5) in paragraph (4) by inserting ‘‘shall’’ after

19 ‘‘(4)’’.
80

•S 2073 EAH

1 TITLE V—REFORMING THE FED2 ERAL JUVENILE JUSTICE SYS3 TEM

4 SEC. 501. DELINQUENCY PROCEEDINGS OR CRIMINAL

5 PROSECUTIONS IN DISTRICT COURTS.

6 Section 5032 of title 18, United States Code, is amend7 ed to read as follows:

8 ‘‘§ 5032. Delinquency proceedings or criminal prosecu9 tions in district courts

10 ‘‘(a)(1) A juvenile alleged to have committed an offense

11 against the United States or an act of juvenile delinquency

12 may be surrendered to State authorities, but if not so sur13 rendered, shall be proceeded against as a juvenile under this

14 subsection or tried as an adult in the circumstances de15 scribed in subsections (b) and (c).

16 ‘‘(2) A juvenile may be proceeded against as a juvenile

17 in a court of the United States under this subsection if—

18 ‘‘(A) the alleged offense or act of juvenile delin19 quency is committed within the special maritime and

20 territorial jurisdiction of the United States and is one

21 for which the maximum authorized term of imprison22 ment does not exceed 6 months; or

23 ‘‘(B) the Attorney General, after investigation,

24 certifies to the appropriate United States district

25 court that—
81

•S 2073 EAH

1 ‘‘(i) the juvenile court or other appropriate

2 court of a State does not have jurisdiction or de3 clines to assume jurisdiction over the juvenile

4 with respect to the alleged act of juvenile delin5 quency, and

6 ‘‘(ii) there is a substantial Federal interest

7 in the case or the offense to warrant the exercise

8 of Federal jurisdiction.

9 ‘‘(3) If the Attorney General does not so certify or does

10 not have authority to try such juvenile as an adult, such

11 juvenile shall be surrendered to the appropriate legal au12 thorities of such State.

13 ‘‘(4) If a juvenile alleged to have committed an act

14 of juvenile delinquency is proceeded against as a juvenile

15 under this section, any proceedings against the juvenile

16 shall be in an appropriate district court of the United

17 States. For such purposes, the court may be convened at

18 any time and place within the district, and shall be open

19 to the public, except that the court may exclude all or some

20 members of the public, other than a victim unless the victim

21 is a witness in the determination of guilt or innocence, if

22 required by the interests of justice or if other good cause

23 is shown. The Attorney General shall proceed by informa24 tion or as authorized by section 3401(g) of this title, and
82

•S 2073 EAH

1 no criminal prosecution shall be instituted except as pro2 vided in this chapter.

3 ‘‘(b)(1) Except as provided in paragraph (2), a juve4 nile shall be prosecuted as an adult—

5 ‘‘(A) if the juvenile has requested in writing

6 upon advice of counsel to be prosecuted as an adult;

7 or

8 ‘‘(B) if the juvenile is alleged to have committed

9 an act after the juvenile attains the age of 14 years

10 which if committed by an adult would be a serious

11 violent felony or a serious drug offense described in

12 section 3559(c) of this title, or a conspiracy or at13 tempt to commit that felony or offense, which is pun14 ishable under section 406 of the Controlled Substances

15 Act (21 U.S.C. 846), or section 1013 of the Controlled

16 Substances Import and Export Act (21 U.S.C. 963).

17 ‘‘(2) The requirements of paragraph (1) do not apply

18 if the Attorney General certifies to the appropriate United

19 States district court that the interests of justice are best

20 served by proceeding against the juvenile as a juvenile.

21 ‘‘(c)(1) A juvenile may also be prosecuted as an adult

22 if the juvenile is alleged to have committed an act after the

23 juvenile has attained the age of 13 years which if committed

24 by a juvenile after the juvenile attained the age of 14 years

25 would require that the juvenile be prosecuted as an adult
83

•S 2073 EAH

1 under subsection (b), upon approval of the Attorney Gen2 eral.

3 ‘‘(2) The Attorney General shall not delegate the au4 thority to give the approval required under paragraph (1)

5 to an officer or employee of the Department of Justice at

6 a level lower than a Deputy Assistant Attorney General.

7 ‘‘(3) Such approval shall not be granted, with respect

8 to such a juvenile who is subject to the criminal jurisdiction

9 of an Indian tribal government and who is alleged to have

10 committed an act over which, if committed by an adult,

11 there would be Federal jurisdiction based solely on its com12 mission in Indian country (as defined in section 1151), un13 less the governing body of the tribe having jurisdiction over

14 the place in which the alleged act was committed has before

15 such act notified the Attorney General in writing of its elec16 tion that prosecution may take place under this subsection.

17 ‘‘(4) A juvenile may also be prosecuted as an adult

18 if the juvenile is alleged to have committed an act which

19 is not described in subsection (b)(1)(B) after the juvenile

20 has attained the age of 14 years and which if committed

21 by an adult would be—

22 ‘‘(A) a crime of violence (as defined in sec23 tion 3156(a)(4)) that is a felony;
84

•S 2073 EAH

1 ‘‘(B) an offense described in section 844 (d),

2 (k), or (l), or subsection (a)(6), (b), (g), (h), (j),

3 (k), or (l) of section 924;

4 ‘‘(C) a violation of section 922(o) that is an

5 offense under section 924(a)(2);

6 ‘‘(D) a violation of section 5861 of the In7 ternal Revenue Code of 1986 that is an offense

8 under section 5871 of such Code (26 U.S.C.

9 5871);

10 ‘‘(E) a conspiracy to commit an offense de11 scribed in any of subparagraphs (A) through

12 (D); or

13 ‘‘(F) an offense described in section 401 or

14 408 of the Controlled Substances Act (21 U.S.C.

15 841, 848) or a conspiracy or attempt to commit

16 that offense which is punishable under section

17 406 of the Controlled Substances Act (21 U.S.C.

18 846), or an offense punishable under section 409

19 or 419 of the Controlled Substances Act (21

20 U.S.C. 849, 860), or an offense described in sec21 tion 1002, 1003, 1005, or 1009 of the Controlled

22 Substances Import and Export Act (21 U.S.C.

23 952, 953, 955, or 959), or a conspiracy or at24 tempt to commit that offense which is punishable
85

•S 2073 EAH

1 under section 1013 of the Controlled Substances

2 Import and Export Act (21 U.S.C. 963).

3 ‘‘(d) A determination to approve or not to approve,

4 or to institute or not to institute, a prosecution under sub5 section (b) or (c), and a determination to file or not to file,

6 and the contents of, a certification under subsection (a) or

7 (b) shall not be reviewable in any court.

8 ‘‘(e) In a prosecution under subsection (b) or (c), the

9 juvenile may be prosecuted and convicted as an adult for

10 any other offense which is properly joined under the Federal

11 Rules of Criminal Procedure, and may also be convicted

12 of a lesser included offense.

13 ‘‘(f) The Attorney General shall annually report to

14 Congress—

15 ‘‘(1) the number of juveniles adjudicated delin16 quent or tried as adults in Federal court;

17 ‘‘(2) the race, ethnicity, and gender of those juve18 niles;

19 ‘‘(3) the number of those juveniles who were

20 abused or neglected by their families, to the extent

21 such information is available; and

22 ‘‘(4) the number and types of assault crimes,

23 such as rapes and beatings, committed against juve24 niles while incarcerated in connection with the adju25 dication or conviction.
86

•S 2073 EAH

1 ‘‘(g) As used in this section—

2 ‘‘(1) the term ‘State’ includes a State of the

3 United States, the District of Columbia, any common4 wealth, territory, or possession of the United States

5 and, with regard to an act of juvenile delinquency

6 that would have been a misdemeanor if committed by

7 an adult, a federally recognized tribe; and

8 ‘‘(2) the term ‘serious violent felony’ has the

9 same meaning given that term in section

10 3559(c)(2)(F)(i).’’.

11 SEC. 502. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI12 CIAL OFFICER.

13 Section 5033 of title 18, United States Code, is amend14 ed to read as follows:

15 ‘‘§ 5033. Custody prior to appearance before judicial

16 officer

17 ‘‘(a) Whenever a juvenile is taken into custody, the ar18 resting officer shall immediately advise such juvenile of the

19 juvenile’s rights, in language comprehensible to a juvenile.

20 The arresting officer shall promptly take reasonable steps

21 to notify the juvenile’s parents, guardian, or custodian of

22 such custody, of the rights of the juvenile, and of the nature

23 of the alleged offense.

24 ‘‘(b) The juvenile shall be taken before a judicial officer

25 without unreasonable delay.’’.
87

•S 2073 EAH

1 SEC. 503. TECHNICAL AND CONFORMING AMENDMENTS TO

2 SECTION 5034.

3 Section 5034 of title 18, United States Code, is amend4 ed—

5 (1) by striking ‘‘The’’ each place it appears at

6 the beginning of a paragraph and inserting ‘‘the’’;

7 (2) by striking ‘‘If’’ at the beginning of the 3rd

8 paragraph and inserting ‘‘if’’;

9 (3)(A) by designating the 3 paragraphs as para10 graphs (1), (2), and (3), respectively; and

11 (B) by moving such designated paragraphs 2

12 ems to the right; and

13 (4) by inserting at the beginning of such section

14 before those paragraphs the following:

15 ‘‘In a proceeding under section 5032(a)—’’.

16 SEC. 504. DETENTION PRIOR TO DISPOSITION OR SENTENC17 ING.

18 Section 5035 of title 18, United States Code, is amend19 ed to read as follows:

20 ‘‘§ 5035. Detention prior to disposition or sentencing

21 ‘‘(a)(1) A juvenile who has attained the age of 16 years

22 and who is prosecuted pursuant to subsection (b) or (c) of

23 section 5032, if detained at any time prior to sentencing,

24 shall be detained in such suitable place as the Attorney Gen25 eral may designate. Preference shall be given to a place lo-
88

•S 2073 EAH

1 cated within, or within a reasonable distance of, the district

2 in which the juvenile is being prosecuted.

3 ‘‘(2) A juvenile less than 16 years of age prosecuted

4 pursuant to subsection (b) or (c) of section 5032, if detained

5 at any time prior to sentencing, shall be detained in a suit6 able juvenile facility located within, or within a reasonable

7 distance of, the district in which the juvenile is being pros8 ecuted. If such a facility is not available, such a juvenile

9 may be detained in any other suitable facility located with10 in, or within a reasonable distance of, such district. If no

11 such facility is available, such a juvenile may be detained

12 in any other suitable place as the Attorney General may

13 designate.

14 ‘‘(3) To the maximum extent feasible, a juvenile less

15 than 16 years of age prosecuted pursuant to subsection (b)

16 or (c) of section 5032 shall not be detained prior to sentenc17 ing in any facility in which the juvenile has regular contact

18 with adult persons convicted of a crime or awaiting trial

19 on criminal charges.

20 ‘‘(b) A juvenile proceeded against under section 5032

21 shall not be detained prior to disposition in any facility

22 in which the juvenile has regular contact with adult persons

23 convicted of a crime or awaiting trial on criminal charges.

24 ‘‘(c) Every juvenile who is detained prior to disposi25 tion or sentencing shall be provided with reasonable safety
89

•S 2073 EAH

1 and security and with adequate food, heat, light, sanitary

2 facilities, bedding, clothing, recreation, education, and med3 ical care, including necessary psychiatric, psychological, or

4 other care and treatment.’’.

5 SEC. 505. SPEEDY TRIAL.

6 Section 5036 of title 18, United States Code, is amend7 ed by—

8 (1) striking ‘‘If an alleged delinquent’’ and in9 serting ‘‘If a juvenile proceeded against under section

10 5032(a)’’;

11 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

12 (3) striking ‘‘the court,’’ and all that follows

13 through the end of the section and inserting ‘‘the

14 court. The periods of exclusion under section 3161(h)

15 of this title shall apply to this section.’’.

16 SEC. 506. DISPOSITION; AVAILABILITY OF INCREASED DE17 TENTION, FINES AND SUPERVISED RELEASE

18 FOR JUVENILE OFFENDERS.

19 (a) DISPOSITION.—Section 5037 of title 18, United

20 States Code, is amended to read as follows:

21 ‘‘§ 5037. Disposition

22 ‘‘(a) In a proceeding under section 5032(a), if the

23 court finds a juvenile to be a juvenile delinquent, the court

24 shall hold a hearing concerning the appropriate disposition

25 of the juvenile no later than 40 court days after the finding
90

•S 2073 EAH

1 of juvenile delinquency, unless the court has ordered further

2 study pursuant to subsection (e). A predisposition report

3 shall be prepared by the probation officer who shall prompt4 ly provide a copy to the juvenile, the juvenile’s counsel, and

5 the attorney for the Government. Victim impact informa6 tion shall be included in the report, and victims, or in ap7 propriate cases their official representatives, shall be pro8 vided the opportunity to make a statement to the court in

9 person or present any information in relation to the dis10 position. After the dispositional hearing, and after consider11 ing the sanctions recommended pursuant to subsection (f),

12 the court shall impose an appropriate sanction, including

13 the ordering of restitution pursuant to section 3556 of this

14 title. The court may order the juvenile’s parent, guardian,

15 or custodian to be present at the dispositional hearing and

16 the imposition of sanctions and may issue orders directed

17 to such parent, guardian, custodian regarding conduct with

18 respect to the juvenile. With respect to release or detention

19 pending an appeal or a petition for a writ of certiorari

20 after disposition, the court shall proceed pursuant to chap21 ter 207.

22 ‘‘(b) The term for which probation may be ordered for

23 a juvenile found to be a juvenile delinquent may not extend

24 beyond the maximum term that would be authorized by sec25 tion 3561(c) if the juvenile had been tried and convicted
91

•S 2073 EAH

1 as an adult. Sections 3563, 3564, and 3565 are applicable

2 to an order placing a juvenile on probation.

3 ‘‘(c) The term for which official detention may be or4 dered for a juvenile found to be a juvenile delinquent may

5 not extend beyond the lesser of—

6 ‘‘(1) the maximum term of imprisonment that

7 would be authorized if the juvenile had been tried and

8 convicted as an adult;

9 ‘‘(2) ten years; or

10 ‘‘(3) the date when the juvenile becomes twenty11 six years old.

12 Section 3624 is applicable to an order placing a juvenile

13 in detention.

14 ‘‘(d) The term for which supervised release may be or15 dered for a juvenile found to be a juvenile delinquent may

16 not extend beyond 5 years. Subsections (c) through (i) of

17 section 3583 apply to an order placing a juvenile on super18 vised release.

19 ‘‘(e) If the court desires more detailed information con20 cerning a juvenile alleged to have committed an act of juve21 nile delinquency or a juvenile adjudicated delinquent, it

22 may commit the juvenile, after notice and hearing at which

23 the juvenile is represented by counsel, to the custody of the

24 Attorney General for observation and study by an appro25 priate agency or entity. Such observation and study shall
92

•S 2073 EAH

1 be conducted on an outpatient basis, unless the court deter2 mines that inpatient observation and study are necessary

3 to obtain the desired information. In the case of an alleged

4 juvenile delinquent, inpatient study may be ordered only

5 with the consent of the juvenile and the juvenile’s attorney.

6 The agency or entity shall make a study of all matters rel7 evant to the alleged or adjudicated delinquent behavior and

8 the court’s inquiry. The Attorney General shall submit to

9 the court and the attorneys for the juvenile and the Govern10 ment the results of the study within 30 days after the com11 mitment of the juvenile, unless the court grants additional

12 time. Time spent in custody under this subsection shall be

13 excluded for purposes of section 5036.

14 ‘‘(f)(1) The United States Sentencing Commission, in

15 consultation with the Attorney General, shall develop a list

16 of possible sanctions for juveniles adjudicated delinquent.

17 ‘‘(2) Such list shall—

18 ‘‘(A) be comprehensive in nature and encompass

19 punishments of varying levels of severity;

20 ‘‘(B) include terms of confinement; and

21 ‘‘(C) provide punishments that escalate in sever22 ity with each additional or subsequent more serious

23 delinquent conduct.’’.

24 (b) EFFECTIVE DATE.—The Sentencing Commission

25 shall develop the list required pursuant to section 5037(f),
93

•S 2073 EAH

1 as amended by subsection (a), not later than 180 days after

2 the date of the enactment of this Act.

3 (c) CONFORMING AMENDMENT TO ADULT SENTENCING

4 SECTION.—Section 3553 of title 18, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

7 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

8 UNDER THE AGE OF 16.—Notwithstanding any other pro9 vision of law, in the case of a defendant convicted for con10 duct that occurred before the juvenile attained the age of

11 16 years, the court shall impose a sentence without regard

12 to any statutory minimum sentence, if the court finds at

13 sentencing, after affording the Government an opportunity

14 to make a recommendation, that the juvenile has not been

15 previously adjudicated delinquent for or convicted of an of16 fense described in section 5032(b)(1)(B).’’.

17 SEC. 507. JUVENILE RECORDS AND FINGERPRINTING.

18 Section 5038 of title 18, United States Code, is amend19 ed to read as follows:

20 ‘‘§ 5038. Juvenile records and fingerprinting

21 ‘‘(a)(1) Throughout and upon the completion of the ju22 venile delinquency proceeding under section 5032(a), the

23 court shall keep a record relating to the arrest and adju24 dication that is—
94

•S 2073 EAH

1 ‘‘(A) equivalent to the record that would be kept

2 of an adult arrest and conviction for such an offense;

3 and

4 ‘‘(B) retained for a period of time that is equal

5 to the period of time records are kept for adult convic6 tions.

7 ‘‘(2) Such records shall be made available for official

8 purposes, including communications with any victim or,

9 in the case of a deceased victim, such victim’s representa10 tive, or school officials, and to the public to the same extent

11 as court records regarding the criminal prosecutions of

12 adults are available.

13 ‘‘(b) The Attorney General shall establish guidelines for

14 fingerprinting and photographing a juvenile who is the sub15 ject of any proceeding authorized under this chapter. Such

16 guidelines shall address the availability of pictures of any

17 juvenile taken into custody but not prosecuted as an adult.

18 Fingerprints and photographs of a juvenile who is pros19 ecuted as an adult shall be made available in the manner

20 applicable to adult offenders.

21 ‘‘(c) Whenever a juvenile has been adjudicated delin22 quent for an act that, if committed by an adult, would be

23 a felony or for a violation of section 924(a)(6), the court

24 shall transmit to the Federal Bureau of Investigation the

25 information concerning the adjudication, including name,
95

•S 2073 EAH

1 date of adjudication, court, offenses, and sentence, along

2 with the notation that the matter was a juvenile adjudica3 tion.

4 ‘‘(d) In addition to any other authorization under this

5 section for the reporting, retention, disclosure, or availabil6 ity of records or information, if the law of the State in

7 which a Federal juvenile delinquency proceeding takes place

8 permits or requires the reporting, retention, disclosure, or

9 availability of records or information relating to a juvenile

10 or to a juvenile delinquency proceeding or adjudication in

11 certain circumstances, then such reporting, retention, dis12 closure, or availability is permitted under this section

13 whenever the same circumstances exist.’’.

14 SEC. 508. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

15 5034.

16 (a) ELIMINATION OF PRONOUNS.—Sections 5031 and

17 5034 of title 18, United States Code, are each amended by

18 striking ‘‘his’’ each place it appears and inserting ‘‘the juve19 nile’s’’.

20 (b) UPDATING OF REFERENCE.—Section 5034 of title

21 18, United States Code, is amended—

22 (1) in the heading of such section, by striking

23 ‘‘magistrate’’ and inserting ‘‘judicial officer’’;

24 and
96

•S 2073 EAH

1 (2) by striking ‘‘magistrate’’ each place it ap2 pears and inserting ‘‘judicial officer’’.

3 SEC. 509. CLERICAL AMENDMENTS TO TABLE OF SECTIONS

4 FOR CHAPTER 403.

5 The heading and the table of sections at the beginning

6 of chapter 403 of title 18, United States Code, is amended

7 to read as follows:

8 ‘‘CHAPTER 403—JUVENILE DELINQUENCY

‘‘Sec.

‘‘5031. Definitions.

‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.

‘‘5033. Custody prior to appearance before judicial officer.

‘‘5034. Duties of judicial officer.

‘‘5035. Detention prior to disposition or sentencing.

‘‘5036. Speedy trial.

‘‘5037. Disposition.

‘‘5038. Juvenile records and fingerprinting.

‘‘5039. Commitment.

‘‘5040. Support.

‘‘5041. Repealed.

‘‘5042. Revocation of probation.’’.

9 TITLE VI—APPREHENDING

10 ARMED VIOLENT YOUTH

11 SEC. 601. ARMED VIOLENT YOUTH APPREHENSION DIREC12 TIVE.

13 (a) IN GENERAL.—Not later than 180 days after the

14 date of the enactment of this Act, the Attorney General of

15 the United States shall establish an armed violent youth

16 apprehension program consistent with the following re17 quirements:

18 (1) Each United States attorney shall designate

19 at least 1 assistant United States attorney to pros-
97

•S 2073 EAH

1 ecute, on either a full- or part-time basis, armed vio2 lent youth.

3 (2) Each United States attorney shall establish

4 an armed youth criminal apprehension task force

5 comprised of appropriate law enforcement representa6 tives. The task force shall develop strategies for remov7 ing armed violent youth from the streets, taking into

8 consideration—

9 (A) the importance of severe punishment in

10 deterring armed violent youth crime;

11 (B) the effectiveness of Federal and State

12 laws pertaining to apprehension and prosecution

13 of armed violent youth;

14 (C) the resources available to each law en15 forcement agency participating in the task force;

16 (D) the nature and extent of the violent

17 youth crime occurring in the district for which

18 the United States attorney is appointed; and

19 (E) the principle of limited Federal involve20 ment in the prosecution of crimes traditionally

21 prosecuted in State and local jurisdictions.

22 (3) Not less frequently than bimonthly, the Attor23 ney General shall require each United States attorney

24 to report to the Department of Justice the number of

25 youths charged with, or convicted of, violating section
98

•S 2073 EAH

1 922(g) or 924 of title 18, United States Code, in the

2 district for which the United States attorney is ap3 pointed and the number of youths referred to a State

4 for prosecution for similar offenses.

5 (4) Not less frequently than twice annually, the

6 Attorney General shall submit to the Congress a com7 pilation of the information received by the Depart8 ment of Justice pursuant to paragraph (3) and a re9 port on all waivers granted under subsection (b).

10 (b) WAIVER AUTHORITY.—

11 (1) REQUEST FOR WAIVER.—A United States at12 torney may request the Attorney General to waive the

13 requirements of subsection (a) with respect to the

14 United States attorney.

15 (2) PROVISION OF WAIVER.—The Attorney Gen16 eral may waive the requirements of subsection (a)

17 pursuant to a request made under paragraph (1), in

18 accordance with guidelines which shall be established

19 by the Attorney General. In establishing the guide20 lines, the Attorney General shall take into consider21 ation the number of assistant United States attorneys

22 in the office of the United States attorney making the

23 request and the level of violent youth crime committed

24 in the district for which the United States attorney

25 is appointed.
99

•S 2073 EAH

1 (c) ARMED VIOLENT YOUTH DEFINED.—As used in

2 this section, the term ‘‘armed violent youth’’ means a person

3 who has not attained 18 years of age and is accused of vio4 lating—

5 (1) section 922(g)(1) of title 18, United States

6 Code, having been previously convicted of—

7 (A) a violent crime; or

8 (B) conduct that would have been a violent

9 crime had the person been an adult; or

10 (2) section 924 of such title.

11 (d) SUNSET.—This section shall have no force or effect

12 after the 5-year period that begins 180 days after the date

13 of the enactment of this Act.

14 TITLE VII—ACCOUNTABILITY

15 FOR JUVENILE OFFENDERS

16 AND PUBLIC PROTECTION IN17 CENTIVE GRANTS

18 SEC. 701. SHORT TITLE.

19 This title may be cited as the ‘‘Juvenile Accountability

20 Block Grants Act of 1998’’.

21 SEC. 702. BLOCK GRANT PROGRAM.

22 (a) IN GENERAL.—Part R of title I of the Omnibus

23 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796

24 et seq.) is amended to read as follows:
100

•S 2073 EAH

1 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

2 GRANTS

3 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Attorney General is author5 ized to provide grants to States, for use by States and units

6 of local government, and in certain cases directly to eligible

7 units.

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

9 State, a unit of local government, or an eligible unit under

10 this part shall be used by the State, unit of local govern11 ment, or eligible unit for the purpose of promoting greater

12 accountability in the juvenile justice system, which in13 cludes—

14 ‘‘(1) building, expanding, renovating, or operat15 ing temporary or permanent juvenile correction or de16 tention facilities, including training of correctional

17 personnel;

18 ‘‘(2) developing and administering accountabil19 ity-based sanctions for juvenile offenders;

20 ‘‘(3) hiring additional juvenile judges, probation

21 officers, and court-appointed defenders, and funding

22 pre-trial services for juveniles, to ensure the smooth

23 and expeditious administration of the juvenile justice

24 system;
101

•S 2073 EAH

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

2 cases involving violent juvenile offenders can be pros3 ecuted and backlogs reduced;

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

5 address drug, gang, and youth violence problems more

6 effectively;

7 ‘‘(6) providing funding for technology, equip8 ment, and training to assist prosecutors in identify9 ing and expediting the prosecution of violent juvenile

10 offenders;

11 ‘‘(7) providing funding to enable juvenile courts

12 and juvenile probation offices to be more effective and

13 efficient in holding juvenile offenders accountable and

14 reducing recidivism;

15 ‘‘(8) the establishment of court-based juvenile jus16 tice programs that target young firearms offenders

17 through the establishment of juvenile gun courts for

18 the adjudication and prosecution of juvenile firearms

19 offenders;

20 ‘‘(9) the establishment of drug court programs

21 for juveniles so as to provide continuing judicial su22 pervision over juvenile offenders with substance abuse

23 problems and to provide the integrated administra24 tion of other sanctions and services;
102

•S 2073 EAH

1 ‘‘(10) establishing and maintaining interagency

2 information-sharing programs that enable the juvenile

3 and criminal justice system, schools, and social serv4 ices agencies to make more informed decisions regard5 ing the early identification, control, supervision, and

6 treatment of juveniles who repeatedly commit serious

7 delinquent or criminal acts; and

8 ‘‘(11) establishing and maintaining accountabil9 ity-based programs that work with juvenile offenders

10 who are referred by law enforcement agencies, or

11 which are designed, in cooperation with law enforce12 ment officials, to protect students and school person13 nel from drug, gang, and youth violence.

14 ‘‘SEC. 1802. GRANT ELIGIBILITY.

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

16 grant under this section, a State shall submit to the Attor17 ney General an application at such time, in such form, and

18 containing such assurances and information as the Attor19 ney General may require by rule, including assurances that

20 the State and any unit of local government to which the

21 State provides funding under section 1803(b), has in effect

22 (or will have in effect not later than 1 year after the date

23 a State submits such application) laws, or has implemented

24 (or will implement not later than 1 year after the date a
103

•S 2073 EAH

1 State submits such application) policies and programs,

2 that—

3 ‘‘(1) ensure that juveniles who commit an act

4 after attaining 15 years of age that would be a seri5 ous violent crime if committed by an adult are treat6 ed as adults for purposes of prosecution as a matter

7 of law, or that the prosecutor has the authority to de8 termine whether or not to prosecute such juveniles as

9 adults;

10 ‘‘(2) impose sanctions on juvenile offenders for

11 every delinquent or criminal act, or violation of pro12 bation, ensuring that such sanctions escalate in sever13 ity with each subsequent, more serious delinquent or

14 criminal act, or violation of probation, including

15 such accountability-based sanctions as—

16 ‘‘(A) restitution;

17 ‘‘(B) community service;

18 ‘‘(C) punishment imposed by community

19 accountability councils comprised of individuals

20 from the offender’s and victim’s communities;

21 ‘‘(D) fines; and

22 ‘‘(E) short-term confinement;

23 ‘‘(3) establish at a minimum a system of records

24 relating to any adjudication of a juvenile who has a

25 prior delinquency adjudication and who is adju-
104

•S 2073 EAH

1 dicated delinquent for conduct that if committed by

2 an adult would constitute a felony under Federal or

3 State law which is a system equivalent to that main4 tained for adults who commit felonies under Federal

5 or State law; and

6 ‘‘(4) ensure that State law does not prevent a ju7 venile court judge from issuing a court order against

8 a parent, guardian, or custodian of a juvenile of9 fender regarding the supervision of such an offender

10 and from imposing sanctions for a violation of such

11 an order.

12 ‘‘(b) LOCAL ELIGIBILITY.—

13 ‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to

14 receive a subgrant, a unit of local government shall

15 provide such assurances to the State as the State shall

16 require, that, to the maximum extent applicable, the

17 unit of local government has laws or policies and pro18 grams which—

19 ‘‘(A) ensure that juveniles who commit an

20 act after attaining 15 years of age that would be

21 a serious violent crime if committed by an adult

22 are treated as adults for purposes of prosecution

23 as a matter of law, or that the prosecutor has the

24 authority to determine whether or not to pros25 ecute such juveniles as adults;
105

•S 2073 EAH

1 ‘‘(B) impose a sanction for every delinquent

2 or criminal act, or violation of probation, ensur3 ing that such sanctions escalate in severity with

4 each subsequent, more serious delinquent or

5 criminal act, or violation of probation; and

6 ‘‘(C) ensure that there is a system of records

7 relating to any adjudication of a juvenile who is

8 adjudicated delinquent for conduct that if com9 mitted by an adult would constitute a felony

10 under Federal or State law which is a system

11 equivalent to that maintained for adults who

12 commit felonies under Federal or State law.

13 ‘‘(2) SPECIAL RULE.—The requirements of para14 graph (1) shall apply to an eligible unit that receives

15 funds from the Attorney General under section 1803,

16 except that information that would otherwise be sub17 mitted to the State shall be submitted to the Attorney

18 General.

19 ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

20 ‘‘(a) STATE ALLOCATION.—

21 ‘‘(1) IN GENERAL.—In accordance with regula22 tions promulgated pursuant to this part, the Attorney

23 General shall allocate—

24 ‘‘(A) 0.25 percent for each State; and
106

•S 2073 EAH

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 avail8 able bears to the population of people under the

9 age of 18 of all the States for such fiscal year.

10 ‘‘(2) PROPORTIONAL REDUCTION.—If amounts

11 available to carry out paragraph (1)(A) for any pay12 ment period are insufficient to pay in full the total

13 payment that any State is otherwise eligible to receive

14 under paragraph (1)(A) for such period, then the At15 torney General shall reduce payments under para16 graph (1)(A) for such payment period to the extent of

17 such insufficiency. Reductions under the preceding

18 sentence shall be allocated among the States (other

19 than States whose payment is determined under

20 paragraph (2)) in the same proportions as amounts

21 would be allocated under paragraph (1) without re22 gard to paragraph (2).

23 ‘‘(3) PROHIBITION.—No funds allocated to a

24 State under this subsection or received by a State for

25 distribution under subsection (b) may be distributed
107

•S 2073 EAH

1 by the Attorney General or by the State involved for

2 any program other than a program contained in an

3 approved application.

4 ‘‘(b) LOCAL DISTRIBUTION.—

5 ‘‘(1) IN GENERAL.—Each State which receives

6 funds under subsection (a)(1) in a fiscal year shall

7 distribute not less than 75 percent of such amounts

8 received among units of local government, for the pur9 poses specified in section 1801. In making such dis10 tribution the State shall allocate to such units of local

11 government an amount which bears the same ratio to

12 the aggregate amount of such funds as—

13 ‘‘(A) the sum of—

14 ‘‘(i) the product of—

15 ‘‘(I) two-thirds; multiplied by

16 ‘‘(II) the average law enforcement ex17 penditure for such unit of local government

18 for the 3 most recent calendar years for

19 which such data is available; plus

20 ‘‘(ii) the product of—

21 ‘‘(I) one-third; multiplied by

22 ‘‘(II) the average annual number of

23 part 1 violent crimes in such unit of local

24 government for the 3 most recent calendar
108

•S 2073 EAH

1 years for which such data is available, bears

2 to—

3 ‘‘(B) the sum of the products determined under

4 subparagraph (A) for all such units of local govern5 ment in the State.

6 ‘‘(2) EXPENDITURES.—The allocation any unit

7 of local government shall receive under paragraph (1)

8 for a payment period shall not exceed 100 percent of

9 law enforcement expenditures of the unit for such

10 payment period.

11 ‘‘(3) REALLOCATION.—The amount of any unit

12 of local government’s allocation that is not available

13 to such unit by operation of paragraph (2) shall be

14 available to other units of local government that are

15 not affected by such operation in accordance with this

16 subsection.

17 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF LOCAL

18 GOVERNMENT.—If the State has reason to believe that the

19 reported rate of part 1 violent crimes or law enforcement

20 expenditure for a unit of local government is insufficient

21 or inaccurate, the State shall—

22 ‘‘(1) investigate the methodology used by the unit

23 to determine the accuracy of the submitted data; and

24 ‘‘(2) if necessary, use the best available com25 parable data regarding the number of violent crimes
109

•S 2073 EAH

1 or law enforcement expenditure for the relevant years

2 for the unit of local government.

3 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

4 THAN $5,000.—If under this section a unit of local govern5 ment is allocated less than $5,000 for a payment period,

6 the amount allotted shall be expended by the State on serv7 ices to units of local government whose allotment is less

8 than such amount in a manner consistent with this part.

9 ‘‘(e) DIRECT GRANTS TO ELIGIBLE UNITS.—

10 ‘‘(1) IN GENERAL.—If a State does not qualify or

11 apply for funds reserved for allocation under sub12 section (a) by the application deadline established by

13 the Attorney General, the Attorney General shall re14 serve not more than 75 percent of the allocation that

15 the State would have received under subsection (a) for

16 such fiscal year to provide grants to eligible units

17 which meet the requirements for funding under sub18 section (b).

19 ‘‘(2) AWARD BASIS.—In addition to the quali20 fication requirements for direct grants for eligible

21 units the Attorney General may use the average

22 amount allocated by the States to like governmental

23 units as a basis for awarding grants under this sec24 tion.
110

•S 2073 EAH

1 ‘‘SEC. 1804. REGULATIONS.

2 ‘‘The Attorney General shall issue regulations estab3 lishing procedures under which an eligible State or unit

4 of local government that receives funds under section 1803

5 is required to provide notice to the Attorney General regard6 ing the proposed use of funds made available under this

7 part.

8 ‘‘SEC. 1805. PAYMENT REQUIREMENTS.

9 ‘‘(a) TIMING OF PAYMENTS.—The Attorney General

10 shall pay each State or unit of local government that re11 ceives funds under section 1803 that has submitted an ap12 plication under this part not later than—

13 ‘‘(1) 180 days after the date that the amount is

14 available; or

15 ‘‘(2) the first day of the payment period if the

16 State has provided the Attorney General with the as17 surances required by subsection (c),

18 whichever is later.

19 ‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—

20 ‘‘(1) REPAYMENT REQUIRED.—From amounts

21 appropriated under this part, a State shall repay to

22 the Attorney General, by not later than 27 months

23 after receipt of funds from the Attorney General, any

24 amount that is not expended by the State within 2

25 years after receipt of such funds from the Attorney

26 General.
111

•S 2073 EAH

1 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

2 amount required to be repaid is not repaid, the Attor3 ney General shall reduce payment in future payment

4 periods accordingly.

5 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

6 received by the Attorney General as repayments under

7 this subsection shall be deposited in a designated fund

8 for future payments to States.

9 ‘‘(c) ADMINISTRATIVE COSTS.—A State, unit of local

10 government or eligible unit that receives funds under this

11 part may use not more than 10 percent of such funds to

12 pay for administrative costs.

13 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds made

14 available under this part to States, units of local govern15 ment, or eligible units shall not be used to supplant State

16 or local funds as the case may be, but shall be used to in17 crease the amount of funds that would, in the absence of

18 funds made available under this part, be made available

19 from State or local sources, as the case may be.

20 ‘‘(e) MATCHING FUNDS.—The Federal share of a grant

21 received under this part may not exceed 90 percent of the

22 costs of a program or proposal funded under this part.

23 ‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

24 ‘‘Funds or a portion of funds allocated under this part

25 may be utilized to contract with private, nonprofit entities
112

•S 2073 EAH

1 or community-based organizations to carry out the purposes

2 specified under section 1801(a)(2).

3 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

4 ‘‘(a) IN GENERAL.—A State that receives funds under

5 this part shall—

6 ‘‘(1) establish a trust fund in which the govern7 ment will deposit all payments received under this

8 part; and

9 ‘‘(2) use amounts in the trust fund (including

10 interest) during a period not to exceed 2 years from

11 the date the first grant payment is made to the State;

12 ‘‘(3) designate an official of the State to submit

13 reports as the Attorney General reasonably requires,

14 in addition to the annual reports required under this

15 part; and

16 ‘‘(4) spend the funds only for the purposes under

17 section 1801(b).

18 ‘‘(b) TITLE I PROVISIONS.—The administrative provi19 sions of part H shall apply to this part and for purposes

20 of this section any reference in such provisions to title I

21 shall be deemed to include a reference to this part.

22 ‘‘SEC. 1808. DEFINITIONS.

23 ‘‘For the purposes of this part:

24 ‘‘(1) The term ‘unit of local government’

25 means—
113

•S 2073 EAH

1 ‘‘(A) a county, township, city, or political

2 subdivision of a county, township, or city, that

3 is a unit of local government as determined by

4 the Secretary of Commerce for general statistical

5 purposes; and

6 ‘‘(B) the District of Columbia and the rec7 ognized governing body of an Indian tribe or

8 Alaskan Native village that carries out substan9 tial governmental duties and powers.

10 ‘‘(2) The term ‘eligible unit’ means a unit of

11 local government which may receive funds under sec12 tion 1803(e).

13 ‘‘(3) The term ‘State’ means any State of the

14 United States, the District of Columbia, the Common15 wealth of Puerto Rico, the Virgin Islands, American

16 Samoa, Guam, and the Northern Mariana Islands,

17 except that American Samoa, Guam, and the North18 ern Mariana Islands shall be considered as 1 State

19 and that, for purposes of section 1803(a), 33 percent

20 of the amounts allocated shall be allocated to Amer21 ican Samoa, 50 percent to Guam, and 17 percent to

22 the Northern Mariana Islands.

23 ‘‘(4) The term ‘juvenile’ means an individual

24 who is 17 years of age or younger.
114

•S 2073 EAH

1 ‘‘(5) The term ‘law enforcement expenditures’

2 means the expenditures associated with police, pros3 ecutorial, legal, and judicial services, and corrections

4 as reported to the Bureau of the Census for the fiscal

5 year preceding the fiscal year for which a determina6 tion is made under this part.

7 ‘‘(6) The term ‘part 1 violent crimes’ means

8 murder and nonnegligent manslaughter, forcible rape,

9 robbery, and aggravated assault as reported to the

10 Federal Bureau of Investigation for purposes of the

11 Uniform Crime Reports.

12 ‘‘(7) The term ‘serious violent crime’ means mur13 der, aggravated sexual assault, and assault with a

14 firearm.

15 ‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this part—

18 ‘‘(1) $500,000,000 for fiscal year 1999;

19 ‘‘(2) $500,000,000 for fiscal year 2000; and

20 ‘‘(3) $500,000,000 for fiscal year 2001.

21 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRA22 TION.—Not more than 1 percent of the amount authorized

23 to be appropriated under subsection (a), with such amounts

24 to remain available until expended, for each of the fiscal

25 years 1999 through 2001 shall be available to the Attorney
115

•S 2073 EAH

1 General for studying the overall effectiveness and efficiency

2 of the provisions of this part, assuring compliance with the

3 provisions of this part, and for administrative costs to

4 carry out the purposes of this part. The Attorney General

5 shall establish and execute an oversight plan for monitoring

6 the activities of grant recipients.

7 ‘‘(c) FUNDING SOURCE.—Appropriations for activities

8 authorized in this part may be made from the Violent

9 Crime Reduction Trust Fund.’’.

10 (b) CLERICAL AMENDMENTS.—The table of contents of

11 title I of the Omnibus Crime Control and Safe Streets Act

12 of 1968 is amended by striking the item relating to part

13 R and inserting the following:

‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS

‘‘Sec. 1801. Program authorized.

‘‘Sec. 1802. Grant eligibility.

‘‘Sec. 1803. Allocation and distribution of funds.

‘‘Sec. 1804. Regulations.

‘‘Sec. 1805. Payment requirements.

‘‘Sec. 1806. Utilization of private sector.

‘‘Sec. 1807. Administrative provisions.

‘‘Sec. 1808. Definitions.

‘‘Sec. 1809. Authorization of appropriations.’’.

14 TITLE VIII—SPECIAL PRIORITY

15 FOR CERTAIN DISCRE16 TIONARY GRANTS

17 SEC. 801. SPECIAL PRIORITY.

18 Section 517 of title I of the Omnibus Crime Control

19 and Safe Streets Act of 1968 is amended by adding at the

20 end the following:
116

•S 2073 EAH

1 ‘‘(c) SPECIAL PRIORITY.—In awarding discretionary

2 grants under section 511 to public agencies to undertake

3 law enforcement initiatives relating to gangs, or to juveniles

4 who are involved or at risk of involvement in gangs, the

5 Director shall give special priority to a public agency that

6 includes in its application a description of strategies, either

7 in effect or proposed, providing for cooperation between

8 local, State, and Federal law enforcement authorities to dis9 rupt the illegal sale or transfer of firearms to or between

10 juveniles through tracing the sources of crime guns provided

11 to juveniles.’’.

12 TITLE IX—GRANT REDUCTION

13 SEC. 901. PARENTAL NOTIFICATION.

14 (a) GRANT REDUCTION FOR NONCOMPLIANCE.—Sec15 tion 506 of title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 is amended by adding at the end the

17 following:

18 ‘‘(g) INFORMATION ACCESS.—

19 ‘‘(1) IN GENERAL.—The funds available under

20 this subpart for a State shall be reduced by 20 percent

21 and redistributed under paragraph (2) unless the

22 State—

23 ‘‘(A) submits to the Attorney General, not

24 later than 1 year after the date of the enactment

25 of the Juvenile Crime Control Act of 1998, a
117

•S 2073 EAH

1 plan that describes a process to notify parents

2 regarding the enrollment of a juvenile sex of3 fender in an elementary or secondary school that

4 their child attends; and

5 ‘‘(B) adheres to the requirements described

6 in such plan in each subsequent year as deter7 mined by the Attorney General.

8 ‘‘(2) REDISTRIBUTION.—To the extent approved

9 in advance in appropriations Acts, any funds avail10 able for redistribution shall be redistributed to par11 ticipating States that have submitted a plan in ac12 cordance with paragraph (1).

13 ‘‘(3) COMPLIANCE.—The Attorney General shall

14 issue regulations to ensure compliance with the re15 quirements of paragraph (1).’’.

16 TITLE X—GENERAL PROVISIONS

17 SEC. 1001. EFFECTIVE DATE; APPLICATION OF AMEND18 MENTS.

19 (a) EFFECTIVE DATE.—Except as provided in sub20 section (b), this Act and the amendments made by this Act

21 shall take effect on the date of the enactment of this Act.

22 (b) APPLICATION OF AMENDMENTS.—The amendments

23 made by this Act shall apply only with respect to fiscal

24 years beginning after September 30, 1998.
118

•S 2073 EAH

Amend the title so as to read: ‘‘An Act to amend the

Juvenile Justice and Delinquency Prevention Act of 1974

to authorize appropriations for fiscal years 1999, 2000,

2001, and 2002, and for other purposes.’’.

Attest:

Clerk.