106TH CONGRESS

1ST SESSION H. R. 1501

AN ACT

To amend the Omnibus Crime Control and Safe

juvenile delinquency; and for other purposes.programs and accountability programs relating tovention Act of 1974 to provide quality preventionamend the Juvenile Justice and Delinquency Preincreased accountability for juvenile offenders; toStreets Act of 1968 to provide grants to ensure
106TH CONGRESS

1ST SESSION H. R. 1501

AN ACT

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to provide grants to ensure increased accountability for juvenile offenders; to amend the Juvenile

Justice and Delinquency Prevention Act of 1974 to provide quality prevention programs and accountability programs relating to juvenile delinquency; and for other

purposes.
2

•HR 1501 EH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Juvenile Justice Reform Act of 1999’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CONSEQUENCES FOR JUVENILE OFFENDERS

Sec. 101. Short title.

Sec. 102. Grant program.

Sec. 103. Aimee’s law.

Sec. 104. Mandatory life imprisonment for repeat sex offenders against children.

Sec. 105. Increase of age relating to transfer of obscene material.

Sec. 106. Child hostage-taking to evade arrest or obstruct justice.

Sec. 107. Prohibition on transferring to juvenile a firearm that the transferor

knows or has reason to believe will be used in a school zone

or in a serious violent felony.

Sec. 108. District judges for districts in the States of Arizona, Florida, and Nevada.

Sec. 109. Youth Crime Gun Interdiction Initiative (YCGII).

Sec. 110. Limitation on prisoner release orders.

Sec. 111. Findings.

Sec. 112. Constitutionality of memorial services and memorials at public

schools.

Sec. 113. Sense of the Congress with regard to violence and the entertainment

industry.

Sec. 114. Religious nondiscrimination.

Sec. 115. Study of marketing practices of the firearms industry.

Sec. 116. Surgeon General review of effect on juveniles of violence in media.

Sec. 117. Amendments to Juvenile Justice and Delinquency Prevention Act of

1974.

Sec. 118. Amendments to the Individuals with Disabilities Education Act.

Sec. 119. Evaluation by General Accounting Office.

Sec. 120. Contingent wind-down and repeal of Juvenile Justice and Delinquency Prevention Act of 1974.

TITLE II—JUVENILE JUSTICE REFORM

Sec. 201. Delinquency proceedings or criminal prosecutions in district courts.

Sec. 202. Custody prior to appearance before judicial officer.

Sec. 203. Technical and conforming amendments to section 5034.

Sec. 204. Detention prior to disposition or sentencing.

Sec. 205. Speedy trial.
3

•HR 1501 EH

Sec. 206. Disposition; availability of increased detention, fines and supervised

release for juvenile offenders.

Sec. 207. Juvenile records and fingerprinting.

Sec. 208. Technical amendments of sections 5031 and 5034.

Sec. 209. Clerical amendments to table of sections for chapter 403.

TITLE III—EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS

LAWS

Sec. 301. Armed criminal apprehension program.

Sec. 302. Annual reports.

Sec. 303. Authorization of appropriations.

Sec. 304. Cross-designation of Federal prosecutors.

TITLE IV—LIMITING JUVENILE ACCESS TO FIREARMS AND

EXPLOSIVES

Sec. 401. Increased penalties for unlawful juvenile possession of firearms.

Sec. 402. Increased penalties and mandatory minimum sentence for unlawful

transfer of firearm to juvenile.

Sec. 403. Prohibiting possession of explosives by juveniles and young adults.

TITLE V—PREVENTING CRIMINAL ACCESS TO FIREARMS AND

EXPLOSIVES

Sec. 501. Criminal prohibition on distribution of certain information relating to

explosives, destructive devices, and weapons of mass destruction.

Sec. 502. Requiring thefts from common carriers to be reported.

Sec. 503. Voluntary submission of dealer’s records.

Sec. 504. Grant program for juvenile records.

TITLE VI—PUNISHING AND DETERRING CRIMINAL USE OF

FIREARMS AND EXPLOSIVES

Sec. 601. Mandatory minimum sentence for discharging a firearm in a school

zone.

Sec. 602. Apprehension and procedural treatment of armed violent criminals.

Sec. 603. Increased penalties for possessing or transferring stolen firearms.

Sec. 604. Increased mandatory minimum penalties for using a firearm to commit a crime of violence or drug trafficking crime.

Sec. 605. Increased penalties for misrepresented firearms purchase in aid of a

serious violent felony.

Sec. 606. Increasing penalties on gun kingpins.

Sec. 607. Serious recordkeeping offenses that aid gun trafficking.

Sec. 608. Termination of firearms dealer’s license upon felony conviction.

Sec. 609. Increased penalty for transactions involving firearms with obliterated

serial numbers.

Sec. 610. Forfeiture for gun trafficking.

Sec. 611. Increased penalty for firearms conspiracy.

Sec. 612. Gun convictions as predicate crimes for Armed Career Criminal Act.

Sec. 613. Serious juvenile drug trafficking offenses as Armed Career Criminal

Act predicates.

Sec. 614. Forfeiture of firearms used in crimes of violence and felonies.

Sec. 615. Separate licenses for gunsmiths.

Sec. 616. Permits and background checks for purchases of explosives.

Sec. 617. Persons prohibited from receiving or possessing explosives.
4

•HR 1501 EH

TITLE VII—PUNISHING GANG VIOLENCE AND DRUG

TRAFFICKING TO MINORS

Sec. 701. Increased mandatory minimum penalties for using minors to distribute drugs.

Sec. 702. Increased mandatory minimum penalties for distributing drugs to minors.

Sec. 703. Increased mandatory minimum penalties for drug trafficking in or

near a school or other protected location.

Sec. 704. Criminal street gangs.

Sec. 705. Increase in offense level for participation in crime as a gang member.

Sec. 706. Interstate and foreign travel or transportation in aid of criminal

gangs.

Sec. 707. Gang-related witness intimidation and retaliation.

TITLE VIII—JUVENILE GANGS

Sec. 801. Solicitation or recruitment of persons in criminal street gang activity.

TITLE IX—MATTHEW’S LAW

Sec. 901. Short title.

Sec. 902. Enhanced penalties for crimes of violence against children under age

13.

Sec. 903. Federal Bureau of Investigation assistance available to State or local

law authorities in investigating possible homicides of children

under the age of 13.

TITLE X—DRUG DEALER LIABILITY

Sec. 1001. Federal cause of action for drug dealer liability.

TITLE XI—LIMITATION ON RECOVERY OF ATTORNEYS FEES IN

CERTAIN CASES

Sec. 1101. Limitation on recovery of attorneys fees in certain cases.

TITLE XII—RIGHTS TO RELIGIOUS LIBERTY

Sec. 1201. Findings.

Sec. 1202. Religious liberty rights declared.

TITLE XIII—JUVENILE CRIME CONTROL AND DELINQUENCY

PREVENTION

Sec. 1301. Short title.

SUBTITLE A—AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY

PREVENTION ACT OF 1974

Sec. 1302. Findings.

Sec. 1303. Purpose.

Sec. 1304. Definitions.

Sec. 1305. Name of office.

Sec. 1306. Concentration of Federal effort.

Sec. 1307. Coordinating Council on Juvenile Justice and Delinquency Prevention.

Sec. 1308. Annual report.

Sec. 1309. Allocation.
5

•HR 1501 EH

Sec. 1310. State plans.

Sec. 1311. Juvenile delinquency prevention block grant program.

Sec. 1312. Research; evaluation; technical assistance; training.

Sec. 1313. Demonstration projects.

Sec. 1314. Authorization of appropriations.

Sec. 1315. Administrative authority.

Sec. 1316. Use of funds.

Sec. 1317. Limitation on use of funds.

Sec. 1318. Rule of construction.

Sec. 1319. Leasing surplus Federal property.

Sec. 1320. Issuance of Rules.

Sec. 1321. Content of materials.

Sec. 1322. Technical and conforming amendments.

Sec. 1323. References.

SUBTITLE B—AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT

Sec. 1331. Runaway and homeless youth.

SUBTITLE C—REPEAL OF TITLE V RELATING TO INCENTIVE GRANTS FOR

LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 1341. Repealer.

SUBTITLE D—AMENDMENTS TO THE MISSING CHILDREN’S ASSISTANCE ACT

Sec. 1351. National Center for Missing and Exploited Children.

SUBTITLE E—STUDIES AND EVALUATIONS

Sec. 1361. Study of school violence.

Sec. 1362. Study of mental health needs of juveniles in secure and nonsecure

placements in the juvenile justice system.

Sec. 1363. Evaluation by General Accounting Office.

Sec. 1364. General Accounting Office Report.

Sec. 1365. Behavioral and social science research on youth violence.

SUBTITLE F—GENERAL PROVISIONS

Sec. 1371. Effective date; application of amendments.

TITLE XIV—CHILDREN’S INTERNET PROTECTION

Sec. 1401. Short title.

Sec. 1402. No universal service for schools or libraries that fail to implement

a filtering or blocking technology for computers with Internet

access.

Sec. 1403. Federal Communications Commission to adopt rules within 4

months.

TITLE XV—TEACHER LIABILITY PROTECTION

Sec. 1501. Short title.

Sec. 1502. Findings and purpose.

Sec. 1503. Preemption and election of State nonapplicability.

Sec. 1504. Limitation on liability for teachers.

Sec. 1505. Liability for noneconomic loss.
6

•HR 1501 EH

Sec. 1506. Definitions.

Sec. 1507. Effective date.

1 TITLE I—CONSEQUENCES FOR

2 JUVENILE OFFENDERS

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Consequences for Ju5 venile Offenders Act of 1999’’.

6 SEC. 102. GRANT PROGRAM.

7 (a) IN GENERAL.—Part R of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796 et seq.) is amended to read as follows:

10 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

11 GRANTS

12 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

13 ‘‘(a) IN GENERAL.—The Attorney General is author14 ized to provide grants to States, for use by States and

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

16 specially qualified units.

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

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

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

20 purpose of strengthening the juvenile justice system,

21 which includes—

22 ‘‘(1) developing, implementing, and admin23 istering graduated sanctions for juvenile offenders;
7

•HR 1501 EH

1 ‘‘(2) building, expanding, renovating, or oper2 ating temporary or permanent juvenile correction,

3 detention, or community corrections facilities;

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

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

10 cases involving violent juvenile offenders can be

11 prosecuted and case backlogs reduced;

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

13 address drug, gang, and youth violence problems

14 more effectively and for technology, equipment, and

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

17 ‘‘(6) providing funding to prosecutors for the

18 purpose of establishing and maintaining juvenile wit19 ness assistance programs;

20 ‘‘(7) establishing and maintaining training pro21 grams for law enforcement and other court per22 sonnel with respect to preventing and controlling ju23 venile crime;
8

•HR 1501 EH

1 ‘‘(8) establishing juvenile gun courts for the

2 prosecution and adjudication of juvenile firearms of3 fenders;

4 ‘‘(9) establishing drug court programs for juve5 nile offenders that provide continuing judicial super6 vision over juvenile offenders with substance abuse

7 problems and the integrated administration of other

8 sanctions and services for such offenders;

9 ‘‘(10) establishing and maintaining an auto10 mated system of records relating to any adjudication

11 of juveniles less than 18 years of age who are adju12 dicated delinquent for conduct that would be a vio13 lent crime if committed by an adult, that—

14 ‘‘(A) is equivalent to the system of records

15 that would be kept of adults arrested for such

16 conduct, including fingerprint records and pho17 tograph records;

18 ‘‘(B) provides for submitting such juvenile

19 records to the Federal Bureau of Investigation

20 in the same manner as adult criminal records

21 are so submitted;

22 ‘‘(C) requires the retention of juvenile

23 records for a period of time that is equal to the

24 period of time for which adult criminal records

25 are retained; and
9

•HR 1501 EH

1 ‘‘(D) makes available, on an expedited

2 basis, to law enforcement agencies, to courts,

3 and to school officials who shall be subject to

4 the same standards and penalties that apply

5 under Federal and State law to law enforce6 ment and juvenile justice personnel with respect

7 to handling such records and disclosing infor8 mation contained in such records;

9 ‘‘(11) establishing and maintaining interagency

10 information-sharing programs that enable the juve11 nile and criminal justice system, schools, and social

12 services agencies to make more informed decisions

13 regarding the early identification, control, super14 vision, and treatment of juveniles who repeatedly

15 commit serious delinquent or criminal acts;

16 ‘‘(12) establishing and maintaining account17 ability-based programs designed to reduce recidivism

18 among juveniles who are referred by law enforce19 ment personnel or agencies, and accountability20 based, proactive programs, including anti-gang pro21 grams, developed by law enforcement agencies to

22 combat juvenile crime;

23 ‘‘(13) establishing and maintaining programs to

24 conduct risk and need assessments of juvenile of25 fenders that facilitate the effective early intervention
10

•HR 1501 EH

1 and the provision of comprehensive services, includ2 ing mental health screening and treatment and sub3 stance abuse testing and treatment to such offend4 ers;

5 ‘‘(14) establishing and maintaining account6 ability-based programs that are designed to enhance

7 school safety;

8 ‘‘(15) establishing and maintaining restorative

9 justice programs;

10 ‘‘(16) supporting the independent State devel11 opment and operation of confidential, toll-free tele12 phone hotlines that will operate 7 days per week, 24

13 hours per day, in order to provide students, school

14 officials, and other individuals with the opportunity

15 to report specific threats of imminent school violence

16 or to report other suspicious or criminal conduct by

17 juveniles to appropriate State and local law enforce18 ment entities for investigation;

19 ‘‘(17) ensuring proper State training of per20 sonnel who answer and respond to telephone calls to

21 hotlines described in paragraph (16);

22 ‘‘(18) assisting in the acquisition of technology

23 necessary to enhance the effectiveness of hotlines de24 scribed in paragraph (16), including the utilization

25 of Internet web-pages or resources;
11

•HR 1501 EH

1 ‘‘(19) enhancing State efforts to offer appro2 priate counseling services to individuals who call a

3 hotline described in paragraph (16) threatening to

4 do harm to themselves or others;

5 ‘‘(20) furthering State efforts to publicize the

6 services offered by the hotlines described in para7 graph (16) and to encourage individuals to utilize

8 those services;

9 ‘‘(21) establishing partnerships between State

10 educational agencies and local educational agencies

11 for the design and implementation of character edu12 cation and training programs that reflect the values

13 of parents, teachers, and local communities, and in14 corporate elements of good character, including hon15 esty, citizenship, courage, justice, respect, personal

16 responsibility, and trustworthiness; and

17 ‘‘(22) implementing other activities that foster

18 strong character development in at-risk juveniles and

19 juveniles in the juvenile justice system.

20 ‘‘(c) DEFINITION.—For purposes of this section, the

21 term ‘restorative justice program’ means a program that

22 emphasizes the moral accountability of an offender toward

23 the victim and the affected community, and may include

24 community reparations boards, restitution, and mediation

25 between victim and offender.
12

•HR 1501 EH

1 ‘‘SEC. 1802. GRANT ELIGIBILITY.

2 ‘‘(a) STATE ELIGIBILITY.—Except as provided in

3 section 1803(f), to be eligible to receive a grant under this

4 section, a State shall submit to the Attorney General an

5 application at such time, in such form, and containing

6 such assurances and information as the Attorney General

7 may require by rule, including assurances that the State

8 and any unit of local government to which the State pro9 vides funding under section 1803(b), has in effect (or shall

10 have in effect, not later than 1 year after the date that

11 the State submits such application) laws, or has imple12 mented (or shall implement, not later than 1 year after

13 the date that the State submits such application) policies

14 and programs, that provide for a system of graduated

15 sanctions described in subsection (c).

16 ‘‘(b) LOCAL ELIGIBILITY.—

17 ‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to

18 receive a subgrant, a unit of local government, other

19 than a specially qualified unit, shall provide such as20 surances to the State as the State shall require,

21 that, to the maximum extent applicable, the unit of

22 local government has in effect (or shall have in ef23 fect, not later than 1 year after the date that the

24 unit submits such application) laws, or has imple25 mented (or shall implement, not later than 1 year

26 after the date that the unit submits such applica-
13

•HR 1501 EH

1 tion) policies and programs, that provide for a sys2 tem of graduated sanctions described in subsection

3 (c).

4 ‘‘(2) SPECIAL RULE.—The requirements of

5 paragraph (1) shall apply to a specially qualified

6 unit that receives funds from the Attorney General

7 under section 1803(e), except that information that

8 is otherwise required to be submitted to the State

9 shall be submitted to the Attorney General.

10 ‘‘(c) GRADUATED SANCTIONS.—A system of grad11 uated sanctions, which may be discretionary as provided

12 in subsection (d), shall ensure, at a minimum, that—

13 ‘‘(1) sanctions are imposed on a juvenile of14 fender for each delinquent offense;

15 ‘‘(2) sanctions escalate in intensity with each

16 subsequent, more serious delinquent offense;

17 ‘‘(3) there is sufficient flexibility to allow for in18 dividualized sanctions and services suited to the indi19 vidual juvenile offender; and

20 ‘‘(4) appropriate consideration is given to public

21 safety and victims of crime.

22 ‘‘(d) DISCRETIONARY USE OF SANCTIONS.—

23 ‘‘(1) VOLUNTARY PARTICIPATION.—A State or

24 unit of local government may be eligible to receive

25 a grant under this part if—
14

•HR 1501 EH

1 ‘‘(A) its system of graduated sanctions is

2 discretionary; and

3 ‘‘(B) it demonstrates that it has promoted

4 the use of a system of graduated sanctions by

5 taking steps to encourage implementation of

6 such a system by juvenile courts.

7 ‘‘(2) REPORTING REQUIREMENT IF GRADUATED

8 SANCTIONS NOT USED.—

9 ‘‘(A) JUVENILE COURTS.—A State or unit

10 of local government in which the imposition of

11 graduated sanctions is discretionary shall re12 quire each juvenile court within its

13 jurisdiction—

14 ‘‘(i) which has not implemented a sys15 tem of graduated sanctions, to submit an

16 annual report that explains why such court

17 did not implement graduated sanctions;

18 and

19 ‘‘(ii) which has implemented a system

20 of graduated sanctions but has not im21 posed graduated sanctions in one or more

22 specific cases, to submit an annual report

23 that explains why such court did not im24 pose graduated sanctions in each such

25 case.
15

•HR 1501 EH

1 ‘‘(B) UNITS OF LOCAL GOVERNMENT.—

2 Each unit of local government, other than a

3 specially qualified unit, that has one or more

4 juvenile courts that use a discretionary system

5 of graduated sanctions shall collect the informa6 tion reported under subparagraph (A) for sub7 mission to the State each year.

8 ‘‘(C) STATES.—Each State and specially

9 qualified unit that has one or more juvenile

10 courts that use a discretionary system of grad11 uated sanctions shall collect the information re12 ported under subparagraph (A) for submission

13 to the Attorney General each year. A State

14 shall also collect and submit to the Attorney

15 General the information collected under sub16 paragraph (B).

17 ‘‘(e) DEFINITIONS.—For purposes of this section:

18 ‘‘(1) The term ‘discretionary’ means that a sys19 tem of graduated sanctions is not required to be im20 posed by each and every juvenile court in a State or

21 unit of local government.

22 ‘‘(2) The term ‘sanctions’ means tangible, pro23 portional consequences that hold the juvenile of24 fender accountable for the offense committed. A

25 sanction may include counseling, restitution, commu-
16

•HR 1501 EH

1 nity service, a fine, supervised probation, or confine2 ment.

3 ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

4 ‘‘(a) STATE ALLOCATION.—

5 ‘‘(1) IN GENERAL.—In accordance with regula6 tions promulgated pursuant to this part and except

7 as provided in paragraph (3), the Attorney General

8 shall allocate—

9 ‘‘(A) 0.25 percent for each State; and

10 ‘‘(B) of the total funds remaining after the

11 allocation under subparagraph (A), to each

12 State, an amount which bears the same ratio to

13 the amount of remaining funds described in this

14 subparagraph as the population of people under

15 the age of 18 living in such State for the most

16 recent calendar year in which such data is

17 available bears to the population of people

18 under the age of 18 of all the States for such

19 fiscal year.

20 ‘‘(2) PROHIBITION.—No funds allocated to a

21 State under this subsection or received by a State

22 for distribution under subsection (b) may be distrib23 uted by the Attorney General or by the State in24 volved for any program other than a program con25 tained in an approved application.
17

•HR 1501 EH

1 ‘‘(3) INCREASE FOR STATE RESERVE.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), if a State demonstrates and certifies

4 to the Attorney General that the State’s law en5 forcement expenditures in the fiscal year pre6 ceding the date in which an application is sub7 mitted under this part is more than 25 percent

8 of the aggregate amount of law enforcement ex9 penditures by the State and its eligible units of

10 local government, the percentage referred to in

11 paragraph (1)(A) shall equal the percentage de12 termined by dividing the State’s law enforce13 ment expenditures by such aggregate.

14 ‘‘(B) LAW ENFORCEMENT EXPENDITURES

15 OVER 50 PERCENT.—If the law enforcement ex16 penditures of a State exceed 50 percent of the

17 aggregate amount described in subparagraph

18 (A), the Attorney General shall consult with as

19 many units of local government in such State

20 as practicable regarding the State’s proposed

21 uses of funds.

22 ‘‘(b) LOCAL DISTRIBUTION.—

23 ‘‘(1) IN GENERAL.—Except as provided in sub24 section (a)(3), each State which receives funds under

25 subsection (a)(1) in a fiscal year shall distribute not
18

•HR 1501 EH

1 less than 75 percent of such amounts received

2 among units of local government, for the purposes

3 specified in section 1801. In making such distribu4 tion the State shall allocate to such units of local

5 government an amount which bears the same ratio

6 to the aggregate amount of such funds as—

7 ‘‘(A) the sum of—

8 ‘‘(i) the product of—

9 ‘‘(I) three-quarters; multiplied by

10 ‘‘(II) the average law enforce11 ment expenditure for such unit of

12 local government for the three most

13 recent calendar years for which such

14 data is available; plus

15 ‘‘(ii) the product of—

16 ‘‘(I) one-quarter; multiplied by

17 ‘‘(II) the average annual number

18 of part 1 violent crimes in such unit

19 of local government for the three most

20 recent calendar years for which such

21 data is available, bears to—

22 ‘‘(B) the sum of the products determined

23 under subparagraph (A) for all such units of

24 local government in the State.
19

•HR 1501 EH

1 ‘‘(2) EXPENDITURES.—The allocation any unit

2 of local government shall receive under paragraph

3 (1) for a payment period shall not exceed 100 per4 cent of law enforcement expenditures of the unit for

5 such payment period.

6 ‘‘(3) REALLOCATION.—The amount of any unit

7 of local government’s allocation that is not available

8 to such unit by operation of paragraph (2) shall be

9 available to other units of local government that are

10 not affected by such operation in accordance with

11 this subsection.

12 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF

13 LOCAL GOVERNMENT.—If the State has reason to believe

14 that the reported rate of part 1 violent crimes or law en15 forcement expenditures for a unit of local government is

16 insufficient or inaccurate, the State shall—

17 ‘‘(1) investigate the methodology used by the

18 unit to determine the accuracy of the submitted

19 data; and

20 ‘‘(2) if necessary, use the best available com21 parable data regarding the number of violent crimes

22 or law enforcement expenditures for the relevant

23 years for the unit of local government.

24 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

25 THAN $5,000.—If under this section a unit of local gov-
20

•HR 1501 EH

1 ernment is allocated less than $5,000 for a payment pe2 riod, the amount allotted shall be expended by the State

3 on services to units of local government whose allotment

4 is less than such amount in a manner consistent with this

5 part.

6 ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED

7 UNITS.—

8 ‘‘(1) IN GENERAL.—If a State does not qualify

9 or apply for funds reserved for allocation under sub10 section (a) by the application deadline established by

11 the Attorney General, the Attorney General shall re12 serve not more than 75 percent of the allocation that

13 the State would have received under subsection (a)

14 for such fiscal year to provide grants to specially

15 qualified units which meet the requirements for

16 funding under section 1802.

17 ‘‘(2) AWARD BASIS.—In addition to the quali18 fication requirements for direct grants for specially

19 qualified units the Attorney General may use the av20 erage amount allocated by the States to units of

21 local government as a basis for awarding grants

22 under this section.

23 ‘‘(f) SPECIAL RULES.—

24 ‘‘(1) IN GENERAL.—The funds available under

25 this part for a State shall be reduced by 10 percent
21

•HR 1501 EH

1 and redistributed under paragraph (2) unless the

2 State has in effect throughout the State a law which

3 suspends the driver’s license of a juvenile until 21

4 years of age if such juvenile illegally possess a fire5 arm or uses a firearm in the commission of a crime

6 or an act of juvenile delinquency.

7 ‘‘(2) REDISTRIBUTION.—Any funds available

8 for redistribution shall be redistributed to partici9 pating States that have in effect a law referred to

10 in paragraph (1).

11 ‘‘(3) COMPLIANCE.—The Attorney General

12 shall issue regulations to ensure compliance with the

13 requirements of paragraph (1).’’.

14 ‘‘SEC. 1804. REGULATIONS.

15 ‘‘(a) IN GENERAL.—The Attorney General shall issue

16 regulations establishing procedures under which a State

17 or unit of local government that receives funds under sec18 tion 1803 is required to provide notice to the Attorney

19 General regarding the proposed use of funds made avail20 able under this part.

21 ‘‘(b) ADVISORY BOARD.—The regulations referred to

22 in subsection (a) shall include a requirement that such eli23 gible State or unit of local government establish and con24 vene an advisory board to review the proposed uses of such
22

•HR 1501 EH

1 funds. The board shall include representation from, if

2 appropriate—

3 ‘‘(1) the State or local police department;

4 ‘‘(2) the local sheriff’s department;

5 ‘‘(3) the State or local prosecutor’s office;

6 ‘‘(4) the State or local juvenile court;

7 ‘‘(5) the State or local probation officer;

8 ‘‘(6) the State or local educational agency;

9 ‘‘(7) a State or local social service agency; and

10 ‘‘(8) a nonprofit, religious, or community group.

11 ‘‘SEC. 1805. PAYMENT REQUIREMENTS.

12 ‘‘(a) TIMING OF PAYMENTS.—The Attorney General

13 shall pay to each State or unit of local government that

14 receives funds under section 1803 that has submitted an

15 application under this part not later than—

16 ‘‘(1) 90 days after the date that the amount is

17 available; or

18 ‘‘(2) the first day of the payment period if the

19 State has provided the Attorney General with the as20 surances required by subsection (c),

21 whichever is later.

22 ‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—

23 ‘‘(1) REPAYMENT REQUIRED.—From amounts

24 awarded under this part, a State or specially quali25 fied unit shall repay to the Attorney General, or a
23

•HR 1501 EH

1 unit of local government shall repay to the State by

2 not later than 27 months after receipt of funds from

3 the Attorney General, any amount that is not ex4 pended by the State within 2 years after receipt of

5 such funds from the Attorney General.

6 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

7 amount required to be repaid is not repaid, the At8 torney General shall reduce payment in future pay9 ment periods accordingly.

10 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

11 received by the Attorney General as repayments

12 under this subsection shall be deposited in a des13 ignated fund for future payments to States and spe14 cially qualified units.

15 ‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of

16 local government that receives funds under this part may

17 use not more than 5 percent of such funds to pay for ad18 ministrative costs.

19 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds

20 made available under this part to States and units of local

21 government shall not be used to supplant State or local

22 funds as the case may be, but shall be used to increase

23 the amount of funds that would, in the absence of funds

24 made available under this part, be made available from

25 State or local sources, as the case may be.
24

•HR 1501 EH

1 ‘‘(e) MATCHING FUNDS.—The Federal share of a

2 grant received under this part may not exceed 90 percent

3 of the costs of a program or proposal funded under this

4 part.

5 ‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

6 ‘‘Funds or a portion of funds allocated under this

7 part may be used by a State or unit of local government

8 that receives a grant under this part to contract with pri9 vate, nonprofit entities, or community-based organizations

10 to carry out the purposes specified under section 1801(b).

11 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

12 ‘‘(a) IN GENERAL.—A State or specially qualified

13 unit that receives funds under this part shall—

14 ‘‘(1) establish a trust fund in which the govern15 ment will deposit all payments received under this

16 part;

17 ‘‘(2) use amounts in the trust fund (including

18 interest) during a period not to exceed 2 years from

19 the date the first grant payment is made to the

20 State or specially qualified unit;

21 ‘‘(3) designate an official of the State or spe22 cially qualified unit to submit reports as the Attor23 ney General reasonably requires, in addition to the

24 annual reports required under this part; and
25

•HR 1501 EH

1 ‘‘(4) spend the funds only for the purposes

2 under section 1801(b).

3 ‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro4 vided, the administrative provisions of part H shall apply

5 to this part and for purposes of this section any reference

6 in such provisions to title I shall be deemed to include

7 a reference to this part.

8 ‘‘SEC. 1808. DEFINITIONS.

9 ‘‘For purposes of this part:

10 ‘‘(1) The term ‘unit of local government’

11 means—

12 ‘‘(A) a county, township, city, or political

13 subdivision of a county, township, or city, that

14 is a unit of local government as determined by

15 the Secretary of Commerce for general statis16 tical purposes; and

17 ‘‘(B) the District of Columbia and the rec18 ognized governing body of an Indian tribe or

19 Alaskan Native village that carries out substan20 tial governmental duties and powers.

21 ‘‘(2) The term ‘specially qualified unit’ means a

22 unit of local government which may receive funds

23 under this part only in accordance with section

24 1803(e).
26

•HR 1501 EH

1 ‘‘(3) The term ‘State’ means any State of the

2 United States, the District of Columbia, the Com3 monwealth of Puerto Rico, the Virgin Islands, Amer4 ican Samoa, Guam, and the Northern Mariana Is5 lands, except that American Samoa, Guam, and the

6 Northern Mariana Islands shall be considered as one

7 State and that, for purposes of section 1803(a), 33

8 percent of the amounts allocated shall be allocated

9 to American Samoa, 50 percent to Guam, and 17

10 percent to the Northern Mariana Islands.

11 ‘‘(4) The term ‘juvenile’ means an individual

12 who is 17 years of age or younger.

13 ‘‘(5) The term ‘law enforcement expenditures’

14 means the expenditures associated with prosecu15 torial, legal, and judicial services, and corrections as

16 reported to the Bureau of the Census for the fiscal

17 year preceding the fiscal year for which a determina18 tion is made under this part.

19 ‘‘(6) The term ‘part 1 violent crimes’ means

20 murder and nonnegligent manslaughter, forcible

21 rape, robbery, and aggravated assault as reported to

22 the Federal Bureau of Investigation for purposes of

23 the Uniform Crime Reports.
27

•HR 1501 EH

1 ‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated to carry out this part—

4 ‘‘(1) $500,000,000 for fiscal year 2000;

5 ‘‘(2) $500,000,000 for fiscal year 2001; and

6 ‘‘(3) $500,000,000 for fiscal year 2002.

7 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINIS8 TRATION.—Not more than 3 percent of the amount au9 thorized to be appropriated under subsection (a), with

10 such amounts to remain available until expended, for each

11 of the fiscal years 2000 through 2002 shall be available

12 to the Attorney General for evaluation and research re13 garding the overall effectiveness and efficiency of the pro14 visions of this part, assuring compliance with the provi15 sions of this part, and for administrative costs to carry

16 out the purposes of this part. The Attorney General shall

17 establish and execute an oversight plan for monitoring the

18 activities of grant recipients.

19 ‘‘(c) FUNDING SOURCE.—Appropriations for activi20 ties authorized in this part may be made from the Violent

21 Crime Reduction Trust Fund.’’.

22 (b) CLERICAL AMENDMENTS.—

23 (1) AUTHORIZATION OF APPROPRIATIONS.—

24 Section 1001(a)(16) of the Omnibus Crime Control

25 and Safe Streets Act of 1965 is amended by striking

26 subparagraph (E).
28

•HR 1501 EH

1 (2) TABLE OF CONTENTS.—The table of con2 tents of title I of the Omnibus Crime Control and

3 Safe Streets Act of 1968 is amended by striking the

4 item relating to part 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.’’.

5 SEC. 103. AIMEE’S LAW.

6 (a) SHORT TITLE.—This section may be cited as

7 ‘‘Aimee’s Law’’.

8 (b) DEFINITIONS.—In this section:

9 (1) DANGEROUS SEXUAL OFFENSE.—The term

10 ‘‘dangerous sexual offense’’ means sexual abuse or

11 sexually explicit conduct committed by an individual

12 who has attained the age of 18 years against an in13 dividual who has not attained the age of 14 years.

14 (2) MURDER.—The term ‘‘murder’’ has the

15 meaning given the term under applicable State law.

16 (3) RAPE.—The term ‘‘rape’’ has the meaning

17 given the term under applicable State law.

18 (4) SEXUAL ABUSE.—The term ‘‘sexual abuse’’

19 has the meaning given the term under applicable

20 State law.
29

•HR 1501 EH

1 (5) SEXUALLY EXPLICIT CONDUCT.—The term

2 ‘‘sexually explicit conduct’’ has the meaning given

3 the term under applicable State law.

4 (c) REIMBURSEMENT TO STATES FOR CRIMES COM5 MITTED BY CERTAIN RELEASED FELONS.—

6 (1) PENALTY.—

7 (A) SINGLE STATE.—In any case in which

8 a State convicts an individual of murder, rape,

9 or a dangerous sexual offense, who has a prior

10 conviction for any one of those offenses in a

11 State described in subparagraph (C), the Attor12 ney General shall transfer an amount equal to

13 the costs of incarceration, prosecution, and ap14 prehension of that individual, from Federal law

15 enforcement assistance funds that have been al16 located to but not distributed to the State that

17 convicted the individual of the prior offense, to

18 the State account that collects Federal law en19 forcement assistance funds of the State that

20 convicted that individual of the subsequent of21 fense.

22 (B) MULTIPLE STATES.—In any case in

23 which a State convicts an individual of murder,

24 rape, or a dangerous sexual offense, who has a

25 prior conviction for any one or more of those of-
30

•HR 1501 EH

1 fenses in more than one other State described

2 in subparagraph (C), the Attorney General shall

3 transfer an amount equal to the costs of incar4 ceration, prosecution, and apprehension of that

5 individual, from Federal law enforcement assist6 ance funds that have been allocated to but not

7 distributed to each State that convicted such in8 dividual of the prior offense, to the State ac9 count that collects Federal law enforcement as10 sistance funds of the State that convicted that

11 individual of the subsequent offense.

12 (C) STATE DESCRIBED.—A State is de13 scribed in this subparagraph if—

14 (i) the State has not adopted Federal

15 truth-in-sentencing guidelines under sec16 tion 20104 of the Violent Crime Control

17 and Law Enforcement Act of 1994 (42

18 U.S.C. 13704);

19 (ii) the average term of imprisonment

20 imposed by the State on individuals con21 victed of the offense for which the indi22 vidual described in subparagraph (A) or

23 (B), as applicable, was convicted by the

24 State is less than 10 percent above the av-
31

•HR 1501 EH

1 erage term of imprisonment imposed for

2 that offense in all States; or

3 (iii) with respect to the individual de4 scribed in subparagraph (A) or (B), as ap5 plicable, the individual had served less

6 than 85 percent of the term of imprison7 ment to which that individual was sen8 tenced for the prior offense.

9 (2) STATE APPLICATIONS.—In order to receive

10 an amount transferred under paragraph (1), the

11 chief executive of a State shall submit to the Attor12 ney General an application, in such form and con13 taining such information as the Attorney General

14 may reasonably require, which shall include a certifi15 cation that the State has convicted an individual of

16 murder, rape, or a dangerous sexual offense, who

17 has a prior conviction for one of those offenses in

18 another State.

19 (3) SOURCE OF FUNDS.—Any amount trans20 ferred under paragraph (1) shall be derived by re21 ducing the amount of Federal law enforcement as22 sistance funds received by the State that convicted

23 such individual of the prior offense before the dis24 tribution of the funds to the State. The Attorney

25 General, in consultation with the chief executive of
32

•HR 1501 EH

1 the State that convicted such individual of the prior

2 offense, shall establish a payment schedule.

3 (4) CONSTRUCTION.—Nothing in this sub4 section may be construed to diminish or otherwise

5 affect any court ordered restitution.

6 (5) EXCEPTION.—This subsection does not

7 apply if the individual convicted of murder, rape, or

8 a dangerous sexual offense has been released from

9 prison upon the reversal of a conviction for an of10 fense described in paragraph (1) and subsequently

11 been convicted for an offense described in paragraph

12 (1).

13 (d) COLLECTION OF RECIDIVISM DATA.—

14 (1) IN GENERAL.—Beginning with calendar

15 year 1999, and each calendar year thereafter, the

16 Attorney General shall collect and maintain informa17 tion relating to, with respect to each State—

18 (A) the number of convictions during that

19 calendar year for murder, rape, and any sex of20 fense in the State in which, at the time of the

21 offense, the victim had not attained the age of

22 14 years and the offender had attained the age

23 of 18 years; and

24 (B) the number of convictions described in

25 subparagraph (A) that constitute second or
33

•HR 1501 EH

1 subsequent convictions of the defendant of an

2 offense described in that subparagraph.

3 (2) REPORT.—Not later than March 1, 2000,

4 and on March 1 of each year thereafter, the Attor5 ney General shall submit to Congress a report,

6 which shall include—

7 (A) the information collected under para8 graph (1) with respect to each State during the

9 preceding calendar year; and

10 (B) the percentage of cases in each State

11 in which an individual convicted of an offense

12 described in paragraph (1)(A) was previously

13 convicted of another such offense in another

14 State during the preceding calendar year.

15 SEC. 104. MANDATORY LIFE IMPRISONMENT FOR REPEAT

16 SEX OFFENDERS AGAINST CHILDREN.

17 (a) AMENDMENT OF TITLE 18, UNITED STATES

18 CODE.—Section 3559 of title 18, United States Code, is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE22 PEATED SEX OFFENSES AGAINST CHILDREN.—

23 ‘‘(1) IN GENERAL.—A person who is convicted

24 of a Federal sex offense in which a minor is the vic25 tim shall be sentenced to life imprisonment if the
34

•HR 1501 EH

1 person has a prior sex conviction in which a minor

2 was the victim, unless the sentence of death is im3 posed.

4 ‘‘(2) DEFINITIONS.—For the purposes of this

5 subsection—

6 ‘‘(A) the term ‘Federal sex offense’ means

7 an offense under section 2241 (relating to ag8 gravated sexual abuse), 2242 (relating to sexual

9 abuse), 2243 (relating to sexual abuse of a

10 minor or ward), 2244 (relating to abusive sex11 ual contact), 2245 (relating to sexual abuse re12 sulting in death), or 2251A (relating to selling

13 or buying of children), or an offense under sec14 tion 2423 (relating to transportation of minors)

15 involving the transportation of, or the engage16 ment in a sexual act with, an individual who

17 has not attained 16 years of age;

18 ‘‘(B) the term ‘prior sex conviction’ means

19 a conviction for which the sentence was imposed

20 before the conduct occurred forming the basis

21 for the subsequent Federal sex offense, and

22 which was for either—

23 ‘‘(i) a Federal sex offense; or

24 ‘‘(ii) an offense under State law con25 sisting of conduct that would have been a
35

•HR 1501 EH

1 Federal sex offense if, to the extent or in

2 the manner specified in the applicable pro3 vision of title 18, United States Code—

4 ‘‘(I) the offense involved inter5 state or foreign commerce, or the use

6 of the mails; or

7 ‘‘(II) the conduct occurred in any

8 commonwealth, territory, or posses9 sion of the United States, within the

10 special maritime and territorial juris11 diction of the United States, in a Fed12 eral prison, on any land or building

13 owned by, leased to, or otherwise used

14 by or under the control of the Govern15 ment of the United States, or in the

16 Indian country as defined in section

17 1151;

18 ‘‘(C) the term ‘minor’ means any person

19 under the age of 18 years; and

20 ‘‘(D) the term ‘State’ means a State of the

21 United States, the District of Columbia, and

22 any commonwealth, territory, or possession of

23 the United States.’’.

24 (b) TITLE 18 CONFORMING AND TECHNICAL AMEND25 MENTS.—
36

•HR 1501 EH

1 (1) SECTION 2247.—Section 2247 of title 18,

2 United States Code, is amended by inserting ‘‘, un3 less section 3559(e) applies’’ before the final period.

4 (2) SECTION 2426.—Section 2426 of title 18,

5 United States Code, is amended by inserting ‘‘, un6 less section 3559(e) applies’’ before the final period.

7 (3) TECHNICAL AMENDMENTS.—Sections

8 2252(c)(1) and 2252A(d)(1) of title 18, United

9 States Code, are each amended by striking ‘‘less

10 than three’’ and inserting ‘‘fewer than 3’’.

11 SEC. 105. INCREASE OF AGE RELATING TO TRANSFER OF

12 OBSCENE MATERIAL.

13 Section 1470 of title 18, United States Code, is

14 amended by striking ‘‘16’’ each place it appears and in15 serting ‘‘18’’.

16 SEC. 106. CHILD HOSTAGE-TAKING TO EVADE ARREST OR

17 OBSTRUCT JUSTICE.

18 (a) IN GENERAL.—Chapter 55 of title 18, United

19 States Code, is amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 1205. Child hostage-taking to evade arrest or ob22 struct justice

23 ‘‘(a) IN GENERAL.—Whoever uses force or threatens

24 to use force against any officer or agency of the Federal
37

•HR 1501 EH

1 Government, and seizes or detains, or continues to detain,

2 a child in order to—

3 ‘‘(1) obstruct, resist, or oppose any officer of

4 the United States, or other person duly authorized,

5 in serving, or attempting to serve or execute, any

6 legal or judicial writ, process, or warrant of any

7 court of the United States; or

8 ‘‘(2) compel any department or agency of the

9 Federal Government to do or to abstain from doing

10 any act,

11 or attempts to do so, shall be punished in accordance with

12 subsection (b).

13 ‘‘(b) SENTENCING.—Any person who violates sub14 section (a)—

15 ‘‘(1) shall be imprisoned not less than 10 years

16 and not more than 25 years;

17 ‘‘(2) if injury results to the child as a result of

18 the violation, shall be imprisoned not less than 20

19 years and not more than 35 years; and

20 ‘‘(3) if death results to the child as a result of

21 the violation, shall be subject to the penalty of death

22 or be imprisoned for life.

23 ‘‘(c) DEFINITION.—For purposes of this section, the

24 term ‘child’ means an individual who has not attained the

25 age of 18 years.’’.
38

•HR 1501 EH

1 (b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 55 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘1205. Child hostage-taking to evade arrest or obstruct justice.’’.

4 SEC. 107. PROHIBITION ON TRANSFERRING TO JUVENILE A

5 FIREARM THAT THE TRANSFEROR KNOWS OR

6 HAS REASON TO BELIEVE WILL BE USED IN A

7 SCHOOL ZONE OR IN A SERIOUS VIOLENT

8 FELONY.

9 (a) PROHIBITION.—Section 922 of title 18, United

10 States Code, is amended by inserting after subsection (y)

11 the following:

12 ‘‘(z)(1) It shall be unlawful for a person to sell, de13 liver, or otherwise transfer any firearm to a person who

14 the transferor knows or has reasonable cause to believe

15 is a juvenile, and knowing or having reasonable cause to

16 believe that the juvenile intends to possess, discharge, or

17 otherwise use the firearm in a school zone.

18 ‘‘(2) It shall be unlawful for a person to sell, deliver,

19 or otherwise transfer any firearm to a person who the

20 transferor knows or has reasonable cause to believe is a

21 juvenile, and knowing or having reasonable cause to be22 lieve that the juvenile intends to possess, discharge, or oth23 erwise use the firearm in the commission of a serious vio24 lent felony.
39

•HR 1501 EH

1 ‘‘(3) For purposes of this subsection, the term ‘juve2 nile’ means an individual who has not attained 18 years

3 of age.’’.

4 (b) PENALTIES.—Section 924(a) of such title is

5 amended by adding at the end the following:

6 ‘‘(7)(A) A person, other than a juvenile, who violates

7 section 922(z)(1) shall be fined under this title, impris8 oned as provided in section 924(a)(6)(B)(ii), or both.

9 ‘‘(B) A person, other than a juvenile, who violates

10 section 922(z)(2) shall be fined under this title, impris11 oned as provided in section 924(a)(6)(B)(iii), or both.’’.

12 SEC. 108. DISTRICT JUDGES FOR DISTRICTS IN THE STATES

13 OF ARIZONA, FLORIDA, AND NEVADA.

14 (a) SHORT TITLE.—This section may be cited as the

15 ‘‘Emergency Federal Judgeship Act of 1999’’.

16 (b) IN GENERAL.—The President shall appoint, by

17 and with the advice and consent of the Senate—

18 (1) three additional district judges for the dis19 trict of Arizona;

20 (2) four additional district judges for the mid21 dle district of Florida; and

22 (3) two additional district judges for the district

23 of Nevada.

24 (c) TABLES.—In order that the table contained in

25 section 133 of title 28, United States Code, will reflect
40

•HR 1501 EH

1 the changes in the total number of permanent district

2 judgeships authorized as a result of subsection (a) of this

3 section—

4 (1) the item relating to Arizona in such table

5 is amended to read as follows:

‘‘Arizona .................................................................................................... 11’’;

6 (2) the item relating to Florida in such table is

7 amended to read as follows:

‘‘Florida:

Northern ........................................................................................... 4

Middle ............................................................................................... 15

Southern ............................................................................................ 16’’;

8 and

9 (3) the item relating to Nevada in such table is

10 amended to read as follows:

‘‘Nevada .................................................................................................... 6’’.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated such sums as may be

13 necessary to carry out the provisions of this section, in14 cluding such sums as may be necessary to provide appro15 priate space and facilities for the judicial positions created

16 by this section.

17 SEC. 109. YOUTH CRIME GUN INTERDICTION INITIATIVE

18 (YCGII).

19 (a) IN GENERAL.—The Secretary of the Treasury

20 shall expand—

21 (1) to 75 the number of city and county law en22 forcement agencies that through the Youth Crime
41

•HR 1501 EH

1 Gun Interdiction Initiative (referred to in this sec2 tion as YCGII) submit identifying information relat3 ing to all firearms recovered during law enforcement

4 investigations, including from individuals under 25,

5 to the Secretary of the Treasury to identify the

6 types and origins of such firearms; and

7 (2) the resources devoted to law enforcement

8 investigations of illegal youth possessors and users

9 and of illegal firearms traffickers identified through

10 YCGII, including through the hiring of additional

11 agents, inspectors, intelligence analysts, and support

12 personnel.

13 (b) SELECTION OF PARTICIPANTS.—The Secretary of

14 the Treasury, in consultation with Federal, State, and

15 local law enforcement officials, shall select cities and coun16 ties for participation in the program under this section.

17 (c) ESTABLISHMENT OF SYSTEM.—The Secretary of

18 the Treasury shall establish a system through which State

19 and local law enforcement agencies, through online com20 puter technology, can promptly provide firearms-related

21 information to the Secretary of the Treasury and access

22 information derived through YCGII as soon as such capa23 bility is available. Not later than 6 months after the date

24 of the enactment of this Act, the Secretary shall submit

25 to the Chairman and ranking Member of the Committees
42

•HR 1501 EH

1 on Appropriations of the House of Representatives and the

2 Senate, a report explaining the capacity to provide such

3 online access and the future technical and, if necessary,

4 legal changes required to make such capability available,

5 including cost estimates.

6 (d) REPORT.—Not later than 1 year after the date

7 of the enactment of this section, and annually thereafter,

8 the Secretary of the Treasury shall submit to the Chair9 man and ranking Member of the Committees on Appro10 priations of the House of Representatives and the Senate

11 a report regarding the types and sources of firearms recov12 ered from individuals, including those under the age of

13 25; regional, State, and national firearms trafficking

14 trends; and the number of investigations and arrests re15 sulting from YCGII.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Department of

18 the Treasury to carry out this section $50,000,000 for fis19 cal year 2000 and such sums as may be necessary for fis20 cal years 2001 through 2004.

21 SEC. 110. LIMITATION ON PRISONER RELEASE ORDERS.

22 (a) IN GENERAL.—Chapter 99 of title 28, United

23 States Code, is amended by adding at the end the fol24 lowing new section:
43

•HR 1501 EH

1 ‘‘§ 1632. Limitation on prisoner release orders

2 ‘‘(a) LIMITATION.—Notwithstanding section

3 3626(a)(3) of title 18 or any other provision of law, in

4 a civil action with respect to prison conditions, no court

5 of the United States or other court listed in section 610

6 shall have jurisdiction to enter or carry out any prisoner

7 release order that would result in the release from or non8 admission to a prison, on the basis of prison conditions,

9 of any person subject to incarceration, detention, or ad10 mission to a facility because of a conviction of a felony

11 under the laws of the relevant jurisdiction, or a violation

12 of the terms or conditions of parole, probation, pretrial

13 release, or a diversionary program, relating to the commis14 sion of a felony under the laws of the relevant jurisdiction.

15 ‘‘(b) DEFINITIONS.—As used in this section—

16 ‘‘(1) the terms ‘civil action with respect to pris17 on conditions’, ‘prisoner’, ‘prisoner release order’,

18 and ‘prison’ have the meanings given those terms in

19 section 3626(g) of title 18; and

20 ‘‘(2) the term ‘prison conditions’ means condi21 tions of confinement or the effects of actions by gov22 ernment officials on the lives of persons confined in

23 prison.
44

•HR 1501 EH

1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 99 of title 28, United States Code, is

3 amended by adding at the end the following new item:

‘‘1632. Limitation on prisoner release orders.’’.

4 (c) CONSENT DECREES.—

5 (1) TERMINATION OF EXISTING CONSENT DE6 CREES.—Any consent decree that was entered into

7 before the date of the enactment of the Prison Liti8 gation Reform Act of 1995, that is in effect on the

9 day before the date of the enactment of this Act,

10 and that provides for remedies relating to prison

11 conditions shall cease to be effective on the date of

12 the enactment of this Act.

13 (2) DEFINITIONS.—As used in this

14 subsection—

15 (A) the term ‘‘consent decree’’ has the

16 meaning given that term in section 3626(g) of

17 title 18, United States Code; and

18 (B) the term ‘‘prison conditions’’ has the

19 meaning given that term in section 1632(c) of

20 title 28, United States Code, as added by sub21 section (a) of this section.

22 SEC. 111. FINDINGS.

23 The Congress finds that—
45

•HR 1501 EH

1 (1) more than 40,000 laws regulating the sale,

2 possession, and use of firearms currently exist at the

3 Federal, State, and local level;

4 (2) there have been an extremely low number of

5 prosecutions for Federal firearms violations;

6 (3) programs such a Project Exile have suc7 ceeded in dramatically decreasing homicide and gun8 related crimes; and

9 (4) enhanced punishment and aggressive pros10 ecution for crimes committed with firearms, or pos11 sessing a firearm during commission of a crime, are

12 common sense solutions to deter gun violence.

13 SEC. 112. CONSTITUTIONALITY OF MEMORIAL SERVICES

14 AND MEMORIALS AT PUBLIC SCHOOLS.

15 (a) FINDINGS.—The Congress of the United States

16 finds that the saying of a prayer, the reading of a scrip17 ture, or the performance of religious music, as part of a

18 memorial service that is held on the campus of a public

19 school in order to honor the memory of any person slain

20 on that campus does not violate the First Amendment to

21 the Constitution of the United States, and that the design

22 and construction of any memorial which includes religious

23 symbols, motifs, or sayings that is placed on the campus

24 of a public school in order to honor the memory of any
46

•HR 1501 EH

1 person slain on that campus does not violate the First

2 Amendment to the Constitution of the United States.

3 (b) LAWSUITS.—In any lawsuit claiming that the

4 type of memorial or memorial service described in sub5 section (a) violates the Constitution of the United

6 States—

7 (1) each party shall pay its own attorney’s fee

8 and costs, notwithstanding any other provision of

9 law; and

10 (2) the Attorney General is authorized to pro11 vide legal assistance to the school district or other

12 government entity that is defending the legality of

13 such memorial service.

14 SEC. 113. SENSE OF THE CONGRESS WITH REGARD TO VIO15 LENCE AND THE ENTERTAINMENT INDUS16 TRY.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) Incidents of tragic school violence have risen

20 over the past few years.

21 (2) Our children are being desensitized by the

22 increase of gun violence shown on television, movies,

23 and video games.

24 (3) According to the American Medical Associa25 tion, by the time an average child reaches age 18,
47

•HR 1501 EH

1 he or she has witnessed more than 200,000 acts of

2 violence on television, including 16,000 murders.

3 (4) Children who listen to explicit music lyrics,

4 play video ‘‘killing’’ games, or go to violent action

5 movies get further brainwashed into thinking that

6 violence is socially acceptable and without con7 sequence.

8 (5) No industry does more to glorify gun vio9 lence than some elements of the motion picture in10 dustry.

11 (6) Children are particularly susceptible to the

12 influence of violent subject matter.

13 (7) The entertainment industry uses wanton vi14 olence in its advertising campaigns directed at young

15 people.

16 (8) Alternatives should be developed and con17 sidered to discourage the exposure of children to vio18 lent subject matter.

19 (b) SENSE OF THE CONGRESS.—It is the sense of

20 the Congress that the entertainment industry—

21 (1) has been irresponsible in the development of

22 its products and the marketing of those products to

23 America’s youth;

24 (2) must recognize the power and influence it

25 has over the behavior of our Nation’s youth; and
48

•HR 1501 EH

1 (3) must do everything in its power to stop

2 these portrayals of pointless acts of brutality by im3 mediately eliminating gratuitous violence in movies,

4 television, music, and video games.

5 SEC. 114. RELIGIOUS NONDISCRIMINATION.

6 The Juvenile Justice and Delinquency Prevention Act

7 of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting

8 before title III the following:

9 ‘‘RELIGIOUS NONDISCRIMINATION

10 ‘‘SEC. 299J. (a) A governmental entity that receives

11 a grant under this title and that is authorized by this title

12 to carry out the purpose for which such grant is made

13 through contracts with, or grants to, nongovernmental en14 tities may use such grant to carry out such purpose

15 through contracts with or grants to religious organiza16 tions.

17 ‘‘(b) For purposes of subsection (a), subsections (b)

18 through (k) of section 104 of the Personal Responsibility

19 and Work Opportunity Reconciliation Act of 1996 (42

20 U.S.C. 604a) shall apply with respect to the use of a grant

21 received by such entity under this title in the same manner

22 as such subsections apply to States with respect to a pro23 gram described in section 104(a)(2)(A) of such Act.’’.
49

•HR 1501 EH

1 SEC. 115. STUDY OF MARKETING PRACTICES OF THE FIRE2 ARMS INDUSTRY.

3 (a) IN GENERAL.—The Federal Trade Commission

4 and the Attorney General shall jointly conduct a study of

5 the marketing practices of the firearms industry with re6 spect to children.

7 (b) ISSUES EXAMINED.—In conducting the study

8 under subsection (a), the Commission and the Attorney

9 General shall examine the extent to which the firearms

10 industry advertises and promotes its products to minors,

11 including in media outlets in which minors comprise a sub12 stantial percentage of the audience.

13 (c) REPORT.—Not later than 1 year after the date

14 of the enactment of this Act, the Commission and the At15 torney General shall submit to Congress a report on the

16 study conducted under subsection (a).

17 SEC. 116. SURGEON GENERAL REVIEW OF EFFECT ON JU18 VENILES OF VIOLENCE IN MEDIA.

19 (a) FINDINGS.—The Congress finds the following:

20 (1) the tragic killings at a high school in Colo21 rado remind us that violence in America continues to

22 occur at unacceptable levels for a civilized society;

23 (2) the relationship of violent messages deliv24 ered through such popular media as television, radio,

25 film, recordings, video games, advertising, the Inter26 net, and other outlets of mass culture, to self-de-
50

•HR 1501 EH

1 structive or violent behavior by children or young

2 adults towards themselves, such as suicide, or to vio3 lence directed at others, has been studied intensely

4 both by segments of the media industry itself and by

5 academic institutions;

6 (3) the same media used to deliver messages

7 which harm our children can also be used to deliver

8 messages which promote positive behavior;

9 (4) much of this research has occurred in the

10 17 years since the last major review and report of

11 the literature was assembled by the National Insti12 tute on Mental Health published in 1982;

13 (5) the Surgeon General of the United States

14 last issued a comprehensive report on violence and

15 the media in 1972; and

16 (6) the number, pervasiveness, and sophistica17 tion of technological avenues for delivering messages

18 through the media to young people has expanded

19 rapidly since these two reports.

20 (b) COMPREHENSIVE REVIEW REQUIRED.—The Sur21 geon General, in cooperation with the National Institute

22 of Mental Health, and such other sources of expertise as

23 the Surgeon General deems appropriate, shall undertake

24 a comprehensive review of published research, analysis,

25 studies, and other sources of reliable information con-
51

•HR 1501 EH

1 cerning the impact on the health and welfare of children

2 and young adults of violent messages delivered through

3 such popular media as television, radio, recordings, video

4 games, advertising, the Internet, and other outlets of mass

5 culture.

6 (c) REPORT.—The Surgeon General shall issue a re7 port based on the review required by subsection (b). Such

8 report shall include, but not be limited to, findings and

9 recommendations concerning what can be done to mitigate

10 any harmful affects on children and young adults from

11 the violent messages described in such subsection, and the

12 identification of gaps in the research that should be filled.

13 (d) DEADLINES.—The review required by subsection

14 (b) shall be completed in no more than 1 year, and the

15 report required by subsection (c) shall be issued no later

16 than 6 months following completion of the review.

17 SEC. 117. AMENDMENTS TO JUVENILE JUSTICE AND DELIN18 QUENCY PREVENTION ACT OF 1974.

19 Section 223(a)(10) of the Juvenile Justice and Delin20 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(10))

21 is amended—

22 (1) in subparagraph (N) by striking ‘‘and’’ at

23 the end;

24 (2) in subparagraph (O) by striking the period

25 at the end and inserting ‘‘; and’’; and
52

•HR 1501 EH

1 (3) by adding at the end the following:

2 ‘‘(P) programs that provide for improved

3 security at schools and on school grounds, in4 cluding the placement and use of metal detec5 tors and other deterrent measures; and

6 ‘‘(Q)(i) one-on-one mentoring programs

7 that are designed to link at-risk juveniles and

8 juvenile offenders, particularly juveniles resid9 ing in high-crime areas and juveniles experi10 encing educational failure, with responsible

11 adults (such as law enforcement officers, adults

12 working with local businesses, and adults work13 ing with community-based organizations and

14 agencies) who are properly screened and

15 trained; or

16 ‘‘(ii) programs to promote or develop part17 nerships with established mentoring programs,

18 including programs operated by nonprofit,

19 faith-based, business, or community organiza20 tions to provide positive adult role models and

21 meaningful activities for juveniles offenders, in22 cluding violent juvenile offenders.’’.
53

•HR 1501 EH

1 SEC. 118. AMENDMENTS TO THE INDIVIDUALS WITH DIS2 ABILITIES EDUCATION ACT.

3 (a) PLACEMENT IN ALTERNATIVE EDUCATIONAL

4 SETTING.—Section 615(k) of the Individuals with Disabil5 ities Education Act (20 U.S.C. 1415(k)) is amended—

6 (1) by redesignating paragraph (10) as para7 graph (11); and

8 (2) by inserting after paragraph (9) the fol9 lowing:

10 ‘‘(10) DISCIPLINE WITH REGARD TO WEAP11 ONS.—

12 ‘‘(A) AUTHORITY OF SCHOOL PER13 SONNEL.—Notwithstanding any other provision

14 of this Act, school personnel may discipline (in15 cluding expel or suspend) a child with a dis16 ability who carries or possesses a weapon to or

17 at a school, on school premises, or to or at a

18 school function, under the jurisdiction of a

19 State or a local educational agency, in the same

20 manner in which such personnel may discipline

21 a child without a disability. Such personnel may

22 modify the disciplinary action on a case-by-case

23 basis.

24 ‘‘(B) RULE OF CONSTRUCTION.—Nothing

25 in subparagraph (A) shall be construed to pre26 vent a child with a disability who is disciplined
54

•HR 1501 EH

1 pursuant to the authority provided under sub2 paragraph (A) from asserting a defense that

3 the carrying or possession of the weapon was

4 unintentional or innocent.

5 ‘‘(C) FREE APPROPRIATE PUBLIC EDU6 CATION.—

7 ‘‘(i) CEASING TO PROVIDE EDU8 CATION.—Notwithstanding section

9 612(a)(1)(A), a child expelled or suspended

10 under subparagraph (A) shall not be enti11 tled to continue educational services, in12 cluding a free appropriate public edu13 cation, under this title, during the term of

14 such expulsion or suspension, if the State

15 in which the local educational agency re16 sponsible for providing educational services

17 to such child does not require a child with18 out a disability to receive educational serv19 ices after being expelled or suspended.

20 ‘‘(ii) PROVIDING EDUCATION.—Not21 withstanding clause (i), the local edu22 cational agency responsible for providing

23 educational services to a child with a dis24 ability who is expelled or suspended under

25 subparagraph (A) may choose to continue
55

•HR 1501 EH

1 to provide educational services to such

2 child. If the local educational agency so

3 chooses to continue to provide the

4 services—

5 ‘‘(I) nothing in this title shall re6 quire the local educational agency to

7 provide such child with a free appro8 priate public education, or any par9 ticular level of service; and

10 ‘‘(II) the location where the local

11 educational agency provides the serv12 ices shall be left to the discretion of

13 the local educational agency.

14 ‘‘(D) RELATIONSHIP TO OTHER REQUIRE15 MENTS.—

16 ‘‘(i) PLAN REQUIREMENTS.—No agen17 cy shall be considered to be in violation of

18 section 612 or 613 because the agency has

19 provided discipline, services, or assistance

20 in accordance with this paragraph.

21 ‘‘(ii) PROCEDURE.—Actions taken

22 pursuant to this paragraph shall not be

23 subject to the provisions of this section,

24 other than this paragraph.’’.
56

•HR 1501 EH

1 (b) CONFORMING AMENDMENTS.—(1) Section

2 615(f)(1) of the Individuals with Disabilities Education

3 Act (20 U.S.C. 1415(f)(1)) is amended by striking

4 ‘‘Whenever’’ and inserting the following: ‘‘Except as pro5 vided in section 615(k)(10), whenever’’.

6 (2) Section 615(k)(1)(A)(ii) of the Individuals with

7 Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii))

8 is amended by striking ‘‘but for not more than 45 days

9 if—’’ and all that follows through ‘‘(II) the child know10 ingly possesses or uses illegal drugs’’ and inserting ‘‘but

11 for not more than 45 days if the child knowingly possesses

12 or uses illegal drugs’’.

13 SEC. 119. EVALUATION BY GENERAL ACCOUNTING OFFICE.

14 (a) EVALUATION.—Not later than October 1, 2002,

15 the Comptroller General of the United States shall con16 duct a comprehensive analysis and evaluation regarding

17 the performance of the Office of Juvenile Justice Delin18 quency and Prevention, its functions, its programs, and

19 its grants under specified criteria, and shall submit the

20 report required by subsection (b). In conducting the anal21 ysis and evaluation, the Comptroller General shall take

22 into consideration the following factors to document the

23 efficiency and public benefit of the Juvenile Justice and

24 Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et

25 seq.), excluding the Runaway and Homeless Youth Act
57

•HR 1501 EH

1 (42 U.S.C. 5701 et seq.) and the Missing Children’s As2 sistance Act (42 U.S.C. 5771 et seq.):

3 (1) The outcome and results of the programs

4 carried out by the Office of Juvenile Justice and De5 linquency Prevention and those administered

6 through grants by Office of Juvenile Justice and De7 linquency Prevention.

8 (2) The extent to which the agency has com9 plied with the provisions contained in the Govern10 ment Performance and Results Act of 1993 (Public

11 Law 103–62; 107 Stat. 285).

12 (3) The extent to which the jurisdiction of, and

13 the programs administered by, the agency duplicate

14 or conflict with the jurisdiction and programs of

15 other agencies.

16 (4) The potential benefits of consolidating pro17 grams administered by the agency with similar or

18 duplicative programs of other agencies, and the po19 tential for consolidating such programs.

20 (5) Whether the agency has acted outside the

21 scope of its original authority, and whether the origi22 nal objectives of the agency have been achieved.

23 (6) Whether less restrictive or alternative meth24 ods exists to carry out the functions of the agency.

25 Whether present functions or operations are im-
58

•HR 1501 EH

1 peded or enhanced by existing, statutes, rules, and

2 procedures.

3 (7) The number and types of beneficiaries or

4 persons served by programs carried out under the

5 Act.

6 (8) The extent to which any trends or emerging

7 conditions that are likely to affect the future nature

8 and the extent of the problems or needs the pro9 grams carried out by the Act are intended to ad10 dress.

11 (9) The manner with which the agency seeks

12 public input and input from State and local govern13 ments on the performance of the functions of the

14 agency.

15 (10) Whether the agency has worked to enact

16 changes in the law intended to benefit the public as

17 a whole rather than the specific businesses, institu18 tions, or individuals the agency regulates or funds.

19 (11) The extent to which the agency grants

20 have encouraged participation by the public as a

21 whole in making its rules and decisions rather than

22 encouraging participation solely by those it regu23 lates.
59

•HR 1501 EH

1 (12) The extent to which the agency complies

2 with section 552 of title 5, United States Code (com3 monly known as the ‘‘Freedom of Information Act’’).

4 (13) The impact of any regulatory, privacy, and

5 paperwork concerns resulting from the programs

6 carried out by the agency.

7 (14) The extent to which the agency has coordi8 nated with state and local governments in per9 forming the functions of the agency.

10 (15) Whether greater oversight is needed of

11 programs developed with grants made by the Office

12 of Juvenile Justice and Delinquency Prevention.

13 (16) The extent to which changes are necessary

14 in the authorizing statutes of the agency in order

15 that the functions of the agency can be performed

16 in a more efficient and effective manner.

17 (b) REPORT.—The report required by subsection (a)

18 shall—

19 (1) include recommendations for legislative

20 changes, as appropriate, based on the evaluation

21 conducted under subsection (a), to be made to the

22 Juvenile Justice and Delinquency Prevention Act of

23 1974 (42 U.S.C. 5601 et seq.), excluding the Run24 away and Homeless Youth Act (42 U.S.C. 5701 et
60

•HR 1501 EH

1 seq.) and the Missing Children’s Assistance Act (42

2 U.S.C. 5771 et seq.); and

3 (2) shall be submitted, together with supporting

4 materials, to the Speaker of the House of Represent5 atives and the President pro tempore of the Senate,

6 and made available to the public, not later than Oc7 tober 1, 2003.

8 SEC. 120. CONTINGENT WIND-DOWN AND REPEAL OF JUVE9 NILE JUSTICE AND DELINQUENCY PREVEN10 TION ACT OF 1974.

11 If funds are not authorized before October 1, 2004,

12 to be appropriated to carry out title II of the Juvenile

13 Justice and Delinquency Prevention Act of 1974 (42

14 U.S.C. 5611–5676) for fiscal year 2005, then—

15 (1) effective October 1, 2004—

16 (A) sections 205, 206, and 299; and

17 (B) parts B, C, D, E, F, G, H, and I,

18 of the Juvenile Justice and Delinquency Prevention

19 Act of 1974 are repealed; and

20 (2) effective October 1, 2005—

21 (A) the first section; and

22 (B) titles I and II,

23 of the Juvenile Justice and Delinquency Prevention

24 Act of 1974 are repealed.
61

•HR 1501 EH

1 TITLE II—JUVENILE JUSTICE

2 REFORM

3 SEC. 201. DELINQUENCY PROCEEDINGS OR CRIMINAL

4 PROSECUTIONS IN DISTRICT COURTS.

5 Section 5032 of title 18, United States Code, is

6 amended to read as follows:

7 ‘‘§ 5032. Delinquency proceedings or criminal pros8 ecutions in district courts

9 ‘‘(a)(1) A juvenile alleged to have committed an of10 fense against the United States or an act of juvenile delin11 quency may be surrendered to State or Indian tribal au12 thorities, but if not so surrendered, shall be proceeded

13 against as a juvenile under this subsection or tried as an

14 adult in the circumstances described in subsections (b)

15 and (c).

16 ‘‘(2) A juvenile may be proceeded against as a juve17 nile in a court of the United States under this subsection

18 if—

19 ‘‘(A) the alleged offense or act of juvenile delin20 quency is committed within the special maritime and

21 territorial jurisdiction of the United States and is

22 one for which the maximum authorized term of im23 prisonment does not exceed 6 months; or
62

•HR 1501 EH

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

2 certifies to the appropriate United States district

3 court that—

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

5 court of a State or Indian tribe does not have

6 jurisdiction or declines to assume jurisdiction

7 over the juvenile with respect to the alleged act

8 of juvenile delinquency; or

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

10 in the case or the offense to warrant the exer11 cise of Federal jurisdiction.

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

13 does not have authority to try such juvenile as an adult,

14 such juvenile shall be surrendered to the appropriate legal

15 authorities of such State or tribe.

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

17 of juvenile delinquency is proceeded against as a juvenile

18 under this section, any proceedings against the juvenile

19 shall be in an appropriate district court of the United

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

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

22 to the public, except that the court may exclude all or

23 some members of the public, other than a victim unless

24 the victim is a witness in the determination of guilt or

25 innocence, if required by the interests of justice or if other
63

•HR 1501 EH

1 good cause is shown. The Attorney General shall proceed

2 by information or as authorized by section 3401(g) of this

3 title, and no criminal prosecution shall be instituted except

4 as provided in this chapter.

5 ‘‘(b)(1) Except as provided in paragraph (2), a juve6 nile shall be prosecuted as an adult—

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

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

9 or

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

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

12 which if committed by an adult would be a serious

13 violent felony or a serious drug offense described in

14 section 3559(c) of this title, or a conspiracy or at15 tempt to commit that felony or offense, which is

16 punishable under section 406 of the Controlled Sub17 stances Act (21 U.S.C. 846), or section 1013 of the

18 Controlled Substances Import and Export Act (21

19 U.S.C. 963).

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

21 if the Attorney General certifies to the appropriate United

22 States district court that the interests of public safety are

23 best served by proceeding against the juvenile as a juve24 nile.
64

•HR 1501 EH

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

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

3 the juvenile has attained the age of 13 years which if com4 mitted by a juvenile after the juvenile attained the age

5 of 14 years would require that the juvenile be prosecuted

6 as an adult under subsection (b), upon approval of the

7 Attorney General.

8 ‘‘(2) The Attorney General shall not delegate the au9 thority to give the approval required under paragraph (1)

10 to an officer or employee of the Department of Justice

11 at a level lower than a Deputy Assistant Attorney General.

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

13 to a juvenile who has not attained the age of 14 and who

14 is subject to the criminal jurisdiction of an Indian tribal

15 government and who is alleged to have committed an act

16 over which, if committed by an adult, there would be Fed17 eral jurisdiction based solely on its commission in Indian

18 country (as defined in section 1151), unless the governing

19 body of the tribe having jurisdiction over the place in

20 which the alleged act was committed has before such act

21 notified the Attorney General in writing of its election that

22 prosecution may take place under this subsection.

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

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

25 is not described in subsection (b)(1)(B) after the juvenile
65

•HR 1501 EH

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

2 by an adult would be—

3 ‘‘(A) a crime of violence (as defined in sec4 tion 3156(a)(4)) that is a felony;

5 ‘‘(B) an offense described in section

6 844(d), (k), or (l), or subsection (a)(4) or (6),

7 (b), (g), (h), (j), (k), or (l) of section 924;

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

9 an offense under section 924(a)(2);

10 ‘‘(D) a violation of section 5861 of the In11 ternal Revenue Code of 1986 that is an offense

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

13 5871);

14 ‘‘(E) a conspiracy to commit an offense de15 scribed in any of subparagraphs (A) through

16 (D); or

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

18 408 of the Controlled Substances Act (21

19 U.S.C. 841, 848) or a conspiracy or attempt to

20 commit that offense which is punishable under

21 section 406 of the Controlled Substances Act

22 (21 U.S.C. 846), or an offense punishable

23 under section 409 or 419 of the Controlled Sub24 stances Act (21 U.S.C. 849, 860), or an offense

25 described in section 1002, 1003, 1005, or 1009
66

•HR 1501 EH

1 of the Controlled Substances Import and Ex2 port Act (21 U.S.C. 952, 953, 955, or 959), or

3 a conspiracy or attempt to commit that offense

4 which is punishable under section 1013 of the

5 Controlled Substances Import and Export Act

6 (21 U.S.C. 963).

7 ‘‘(d) A determination to approve or not to approve,

8 or to institute or not to institute, a prosecution under sub9 section (b) or (c), and a determination to file or not to

10 file, and the contents of, a certification under subsection

11 (a) or (b) shall not be reviewable in any court.

12 ‘‘(e) In a prosecution under subsection (b) or (c), the

13 juvenile may be prosecuted and convicted as an adult for

14 any other offense which is properly joined under the Fed15 eral Rules of Criminal Procedure, and may also be con16 victed of a lesser included offense.

17 ‘‘(f) The Attorney General shall annually report to

18 Congress—

19 ‘‘(1) the number of juveniles adjudicated delin20 quent or tried as adults in Federal court;

21 ‘‘(2) the race, ethnicity, and gender of those ju22 veniles;

23 ‘‘(3) the number of those juveniles who were

24 abused or neglected by their families, to the extent

25 such information is available; and
67

•HR 1501 EH

1 ‘‘(4) the number and types of assault crimes,

2 such as rapes and beatings, committed against juve3 niles while incarcerated in connection with the adju4 dication or conviction.

5 ‘‘(g) As used in this section—

6 ‘‘(1) the term ‘State’ includes a State of the

7 United States, the District of Columbia, any com8 monwealth, territory, or possession of the United

9 States and, with regard to an act of juvenile delin10 quency that would have been a misdemeanor if com11 mitted by an adult, a federally recognized tribe; and

12 ‘‘(2) the term ‘serious violent felony’ has the

13 same meaning given that term in section

14 3559(c)(2)(F)(i).’’.

15 SEC. 202. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI16 CIAL OFFICER.

17 Section 5033 of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘§ 5033. Custody prior to appearance before judicial

20 officer

21 ‘‘(a) Whenever a juvenile is taken into custody, the

22 arresting officer shall immediately advise such juvenile of

23 the juvenile’s rights, in language comprehensible to a juve24 nile. The arresting officer shall promptly take reasonable

25 steps to notify the juvenile’s parents, guardian, or custo-
68

•HR 1501 EH

1 dian of such custody, of the rights of the juvenile, and

2 of the nature of the alleged offense.

3 ‘‘(b) The juvenile shall be taken before a judicial offi4 cer without unreasonable delay.’’.

5 SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS TO

6 SECTION 5034.

7 Section 5034 of title 18, United States Code, is

8 amended—

9 (1) by striking ‘‘The’’ each place it appears at

10 the beginning of a paragraph and inserting ‘‘the’’;

11 (2) by striking ‘‘If’’ at the beginning of the

12 third paragraph and inserting ‘‘if’’;

13 (3)(A) by designating the three paragraphs as

14 paragraphs (1), (2), and (3), respectively; and

15 (B) by moving such designated paragraphs 2

16 ems to the right; and

17 (4) by inserting at the beginning of such section

18 before those paragraphs the following:

19 ‘‘In a proceeding under section 5032(a)—’’.

20 SEC. 204. DETENTION PRIOR TO DISPOSITION OR SEN21 TENCING.

22 Section 5035 of title 18, United States Code, is

23 amended to read as follows:
69

•HR 1501 EH

1 ‘‘§ 5035. Detention prior to disposition or sentencing

2 ‘‘(a) A juvenile alleged to be delinquent or a juvenile

3 being prosecuted as an adult, if detained at any time prior

4 to sentencing, shall be detained in such suitable place as

5 the Attorney General may designate. Whenever appro6 priate, detention shall be in a foster home or community

7 based facility. Preference shall be given to a place located

8 within, or within a reasonable distance of, the district in

9 which the juvenile is being prosecuted.

10 ‘‘(b) To the maximum extent feasible, a juvenile pros11 ecuted pursuant to subsection (b) or (c) of section 5032

12 shall not be detained prior to sentencing in any facility

13 in which the juvenile has regular contact with adult per14 sons convicted of a crime or awaiting trial on criminal

15 charges.

16 ‘‘(c) A juvenile who is proceeded against under sec17 tion 5032(a) shall not be detained prior to disposition in

18 any facility in which the juvenile has regular contact with

19 adult persons convicted of a crime or awaiting trial on

20 criminal charges.

21 ‘‘(d) Every juvenile who is detained prior to disposi22 tion or sentencing shall be provided with reasonable safety

23 and security and with adequate food, heat, light, sanitary

24 facilities, bedding, clothing, recreation, education, and

25 medical care, including necessary psychiatric, psycho26 logical, or other care and treatment.’’.
70

•HR 1501 EH

1 SEC. 205. SPEEDY TRIAL.

2 Section 5036 of title 18, United States Code, is

3 amended by—

4 (1) striking ‘‘If an alleged delinquent’’ and in5 serting ‘‘If a juvenile proceeded against under sec6 tion 5032(a)’’;

7 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

8 (3) striking ‘‘the court,’’ and all that follows

9 through the end of the section and inserting ‘‘the

10 court. The periods of exclusion under section

11 3161(h) of this title shall apply to this section.’’.

12 SEC. 206. DISPOSITION; AVAILABILITY OF INCREASED DE13 TENTION, FINES AND SUPERVISED RELEASE

14 FOR JUVENILE OFFENDERS.

15 (a) DISPOSITION.—Section 5037 of title 18, United

16 States Code, is amended to read as follows:

17 ‘‘§ 5037. Disposition

18 ‘‘(a) In a proceeding under section 5032(a), if the

19 court finds a juvenile to be a juvenile delinquent, the court

20 shall hold a hearing concerning the appropriate disposition

21 of the juvenile no later than 40 court days after the find22 ing of juvenile delinquency, unless the court has ordered

23 further study pursuant to subsection (e). A predisposition

24 report shall be prepared by the probation officer who shall

25 promptly provide a copy to the juvenile, the juvenile’s

26 counsel, and the attorney for the Government. Victim im-
71

•HR 1501 EH

1 pact information shall be included in the report, and vic2 tims, or in appropriate cases their official representatives,

3 shall be provided the opportunity to make a statement to

4 the court in person or present any information in relation

5 to the disposition. After the dispositional hearing, and

6 after considering the sanctions recommended pursuant to

7 subsection (f), the court shall impose an appropriate sanc8 tion, including the ordering of restitution pursuant to sec9 tion 3556 of this title. The court may order the juvenile’s

10 parent, guardian, or custodian to be present at the

11 dispositional hearing and the imposition of sanctions and

12 may issue orders directed to such parent, guardian, custo13 dian regarding conduct with respect to the juvenile. With

14 respect to release or detention pending an appeal or a peti15 tion for a writ of certiorari after disposition, the court

16 shall proceed pursuant to chapter 207.

17 ‘‘(b) The term for which probation may be ordered

18 for a juvenile found to be a juvenile delinquent may not

19 extend beyond the maximum term that would be author20 ized by section 3561(c) if the juvenile had been tried and

21 convicted as an adult. Sections 3563, 3564, and 3565 are

22 applicable to an order placing a juvenile on probation.

23 ‘‘(c) The term for which official detention may be or24 dered for a juvenile found to be a juvenile delinquent may

25 not extend beyond the lesser of—
72

•HR 1501 EH

1 ‘‘(1) the maximum term of imprisonment that

2 would be authorized if the juvenile had been tried

3 and convicted as an adult;

4 ‘‘(2) ten years; or

5 ‘‘(3) the date when the juvenile becomes twen6 ty-six years old.

7 Section 3624 is applicable to an order placing a juvenile

8 in detention.

9 ‘‘(d) The term for which supervised release may be

10 ordered for a juvenile found to be a juvenile delinquent

11 may not extend beyond 5 years. Subsections (c) through

12 (i) of section 3583 apply to an order placing a juvenile

13 on supervised release.

14 ‘‘(e) If the court desires more detailed information

15 concerning a juvenile alleged to have committed an act of

16 juvenile delinquency or a juvenile adjudicated delinquent,

17 it may commit the juvenile, after notice and hearing at

18 which the juvenile is represented by counsel, to the custody

19 of the Attorney General for observation and study by an

20 appropriate agency or entity. Such observation and study

21 shall be conducted on an outpatient basis, unless the court

22 determines that inpatient observation and study are nec23 essary to obtain the desired information. In the case of

24 an alleged juvenile delinquent, inpatient study may be or25 dered only with the consent of the juvenile and the juve-
73

•HR 1501 EH

1 nile’s attorney. The agency or entity shall make a study

2 of all matters relevant to the alleged or adjudicated delin3 quent behavior and the court’s inquiry. The Attorney Gen4 eral shall submit to the court and the attorneys for the

5 juvenile and the Government the results of the study with6 in 30 days after the commitment of the juvenile, unless

7 the court grants additional time. Time spent in custody

8 under this subsection shall be excluded for purposes of sec9 tion 5036.

10 ‘‘(f)(1) The United States Sentencing Commission, in

11 consultation with the Attorney General, shall develop a list

12 of possible sanctions for juveniles adjudicated delinquent.

13 ‘‘(2) Such list shall—

14 ‘‘(A) be comprehensive in nature and encom15 pass punishments of varying levels of severity;

16 ‘‘(B) include terms of confinement; and

17 ‘‘(C) provide punishments that escalate in se18 verity with each additional or subsequent more seri19 ous delinquent conduct.’’.

20 (b) EFFECTIVE DATE.—The Sentencing Commission

21 shall develop the list required pursuant to section 5037(f),

22 as amended by subsection (a), not later than 180 days

23 after the date of the enactment of this Act.

24 (c) CONFORMING AMENDMENT TO ADULT SEN25 TENCING SECTION.—Section 3553 of title 18, United
74

•HR 1501 EH

1 States Code, is amended by adding at the end the fol2 lowing:

3 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

4 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

5 UNDER THE AGE OF 16.—Notwithstanding any other pro6 vision of law, in the case of a defendant convicted for con7 duct that occurred before the juvenile attained the age of

8 16 years, the court shall impose a sentence without regard

9 to any statutory minimum sentence, if the court finds at

10 sentencing, after affording the Government an opportunity

11 to make a recommendation, that the juvenile has not been

12 previously adjudicated delinquent for or convicted of an

13 offense described in section 5032(b)(1)(B).’’.

14 SEC. 207. JUVENILE RECORDS AND FINGERPRINTING.

15 Section 5038 of title 18, United States Code, is

16 amended to read as follows:

17 ‘‘§ 5038. Juvenile records and fingerprinting

18 ‘‘(a)(1) Throughout and upon the completion of the

19 juvenile delinquency proceeding under section 5032(a), the

20 court shall keep a record relating to the arrest and adju21 dication that is—

22 ‘‘(A) equivalent to the record that would be

23 kept of an adult arrest and conviction for such an

24 offense; and
75

•HR 1501 EH

1 ‘‘(B) retained for a period of time that is equal

2 to the period of time records are kept for adult con3 victions.

4 ‘‘(2) Such records shall be made available for official

5 purposes, including communications with any victim or, in

6 the case of a deceased victim, such victim’s representative,

7 or school officials, and to the public to the same extent

8 as court records regarding the criminal prosecutions of

9 adults are available.

10 ‘‘(b) The Attorney General shall establish guidelines

11 for fingerprinting and photographing a juvenile who is the

12 subject of any proceeding authorized under this chapter.

13 Such guidelines shall address the availability of pictures

14 of any juvenile taken into custody but not prosecuted as

15 an adult. Fingerprints and photographs of a juvenile who

16 is prosecuted as an adult shall be made available in the

17 manner applicable to adult offenders.

18 ‘‘(c) Whenever a juvenile has been adjudicated delin19 quent for an act that, if committed by an adult, would

20 be a felony or for a violation of section 924(a)(6), the

21 court shall transmit to the Federal Bureau of Investiga22 tion the information concerning the adjudication, includ23 ing name, date of adjudication, court, offenses, and sen24 tence, along with the notation that the matter was a juve25 nile adjudication.
76

•HR 1501 EH

1 ‘‘(d) In addition to any other authorization under this

2 section for the reporting, retention, disclosure, or avail3 ability of records or information, if the law of the State

4 in which a Federal juvenile delinquency proceeding takes

5 place permits or requires the reporting, retention, disclo6 sure, or availability of records or information relating to

7 a juvenile or to a juvenile delinquency proceeding or adju8 dication in certain circumstances, then such reporting, re9 tention, disclosure, or availability is permitted under this

10 section whenever the same circumstances exist.’’.

11 SEC. 208. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

12 5034.

13 (a) ELIMINATION OF PRONOUNS.—Sections 5031

14 and 5034 of title 18, United States Code, are each amend15 ed by striking ‘‘his’’ each place it appears and inserting

16 ‘‘the juvenile’s’’.

17 (b) UPDATING OF REFERENCE.—Section 5034 of

18 title 18, United States Code, is amended—

19 (1) in the heading of such section, by striking

20 ‘‘magistrate’’ and inserting ‘‘judicial officer’’;

21 and

22 (2) by striking ‘‘magistrate’’ each place it ap23 pears and inserting ‘‘judicial officer’’.
77

•HR 1501 EH

1 SEC. 209. CLERICAL AMENDMENTS TO TABLE OF SECTIONS

2 FOR CHAPTER 403.

3 The heading and the table of sections at the begin4 ning of chapter 403 of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘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.’’.

7 TITLE III—EFFECTIVE ENFORCE8 MENT OF FEDERAL FIRE9 ARMS LAWS

10 SEC. 301. ARMED CRIMINAL APPREHENSION PROGRAM.

11 (a) IN GENERAL.—Not later than 90 days after the

12 date of the enactment of this Act, the Attorney General

13 shall establish in the office of each United States Attorney

14 a program that meets the requirements of subsections (b)

15 and (c). The program shall be known as the ‘‘Armed

16 Criminal Apprehension Program’’.

17 (b) PROGRAM REQUIREMENTS.—In the office of each

18 United States Attorney, the program established under

19 subsection (a) shall—
78

•HR 1501 EH

1 (1) provide for coordination with State and

2 local law enforcement officials in the identification of

3 violations of Federal firearms laws;

4 (2) provide for the establishment of agreements

5 with State and local law enforcement officials for the

6 referral to the Bureau of Alcohol, Tobacco, and

7 Firearms and the United States Attorney for pros8 ecution of persons arrested for violations of chapter

9 44 of title 18, United States Code, or section

10 5861(d) or 5861(h) of the Internal Revenue Code of

11 1986, relating to firearms;

12 (3) require that the United States Attorney

13 designate not less than one Assistant United States

14 Attorney to prosecute violations of Federal firearms

15 laws;

16 (4) provide for the hiring of agents for the Bu17 reau of Alcohol, Tobacco, and Firearms to inves18 tigate violations of the provisions referred to in

19 paragraph (2); and

20 (5) ensure that each person referred to the

21 United States Attorney under paragraph (2) be

22 charged with a violation of the most serious Federal

23 firearm offense consistent with the act committed.

24 (c) PUBLIC EDUCATION CAMPAIGN.—As part of the

25 program, each United States Attorney shall carry out, in
79

•HR 1501 EH

1 cooperation with local civic, community, law enforcement,

2 and religious organizations, an extensive media and public

3 outreach campaign focused in high-crime areas to—

4 (1) educate the public about the severity of pen5 alties for violations of Federal firearms laws; and

6 (2) encourage law-abiding citizens to report the

7 possession of illegal firearms to authorities.

8 (d) WAIVER AUTHORITY.—

9 (1) REQUEST FOR WAIVER.—A United States

10 attorney may request the Attorney General to waive

11 the requirements of subsection (b) with respect to

12 the United States attorney.

13 (2) PROVISION OF WAIVER.—The Attorney

14 General may waive the requirements of subsection

15 (b) pursuant to a request made under paragraph

16 (1), in accordance with guidelines which shall be es17 tablished by the Attorney General. In establishing

18 the guidelines, the Attorney General shall take into

19 consideration the number of assistant United States

20 attorneys in the office of the United States attorney

21 making the request and the level of violent youth

22 crime committed in the district for which the United

23 States attorney is appointed.
80

•HR 1501 EH

1 SEC. 302. ANNUAL REPORTS.

2 Not later than 1 year after the date of the enactment

3 of this Act, and annually thereafter, the Attorney General

4 shall submit to the Committees on the Judiciary of Senate

5 and House of Representatives a report containing the fol6 lowing information:

7 (1) The number of Assistant United States At8 torneys deisgnated under the program under section

9 301 and cross-deisgnated under section 304 during

10 the year preceding the year in which the report is

11 submitted in order to prosecute violations of Federal

12 firearms laws in Federal court.

13 (2) The number of individuals indicted for such

14 violations during that year by reason of the pro15 gram.

16 (3) The increase or decrease in the number of

17 individuals indicted for such violations during that

18 year by reason of the program when compared with

19 the year preceding that year.

20 (4) The number of individuals held without

21 bond in anticipation of prosecution by reason of the

22 program.

23 (5) The average length of prison sentence of the

24 individuals convicted of violations of Federal fire25 arms laws by reason of the program.
81

•HR 1501 EH

1 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated to carry out the pro4 gram under section 301 $50,000,000 for fiscal year 2000,

5 of which—

6 (1) $40,000,000 shall be used for salaries and

7 expenses of Assistant United States Attorneys and

8 Bureau of Alcohol, Tobacco, and Firearms agents;

9 and

10 (2) $10,000,000 shall be available for the public

11 relations campaign required by subsection (c) of that

12 section.

13 (b) USE OF FUNDS.—

14 (1) The Assistant United States Attorneys

15 hired using amounts appropriated pursuant to the

16 authorization of appropriations in subsection (a)

17 shall prosecute violations of Federal firearms laws in

18 accordance with section 301(b)(3).

19 (2) The Bureau of Alcohol, Tobacco, and Fire20 arms agents hired using amounts appropriated pur21 suant to the authorization of appropriations in sub22 section (a) shall, to the maximum extent practicable,

23 concentrate their investigations on violations of Fed24 eral firearms laws in accordance with section

25 301(b)(4).
82

•HR 1501 EH

1 (3) It is the sense of the Congress that amounts

2 made available under this section for the public edu3 cation campaign required by section 301(c) should,

4 to the maximum extent practicable, be matched with

5 State or local funds or private donations.

6 (c) AUTHORIZATION OF ADDITIONAL APPROPRIA7 TIONS.—In addition to amounts made available under sub8 section (a), there is authorized to be appropriated to the

9 Administrative Office of the United States Courts such

10 sums as may be necessary to carry out this title.

11 SEC. 304. CROSS-DESIGNATION OF FEDERAL PROSECU12 TORS.

13 To better assist state and local law enforcement agen14 cies in the investigation and prosecution of firearms of15 fenses, each United States Attorney may cross-designate

16 one or more Assistant United States Attorneys to pros17 ecute firearms offenses under State law that are similar

18 to those listed in section 301(b)(2) in State and local

19 courts.
83

•HR 1501 EH

1 TITLE IV—LIMITING JUVENILE

2 ACCESS TO FIREARMS AND

3 EXPLOSIVES

4 SEC. 401. INCREASED PENALTIES FOR UNLAWFUL JUVE5 NILE POSSESSION OF FIREARMS.

6 Section 924(a) of title 18, United States Code, is

7 amended—

8 (1) in paragraph (4) by striking ‘‘Whoever’’ and

9 inserting ‘‘Except as provided in paragraph (6) of

10 this subsection, whoever’’; and

11 (2) by striking paragraph (6) and inserting the

12 following:

13 ‘‘(6)(A) A juvenile who violates section 922(x) shall

14 be fined under this title, imprisoned not more than 1 year,

15 or both, except—

16 ‘‘(i) the juvenile shall be fined under this title,

17 imprisoned not more than 5 years, or both, if—

18 ‘‘(I) the offense of which the juvenile is

19 charged is a violation of section 922(x); and

20 ‘‘(II) the violation was also with the intent

21 to possess the handgun, ammunition, large ca22 pacity ammunition feeding device, or semiauto23 matic assault weapon giving rise to the violation

24 in a school zone, or knowing that another juve25 nile intends to possess the handgun, ammuni-
84

•HR 1501 EH

1 tion, large capacity feeding device, or semiauto2 matic assault weapon giving rise to the violation

3 in a school zone;

4 ‘‘(ii) the juvenile shall be fined under this title,

5 imprisoned not more than 20 years, or both, if—

6 ‘‘(I) the offense of which the juvenile is

7 charged is a violation of section 922(x); and

8 ‘‘(II) the violation was also with the intent

9 also to use the handgun, ammunition, large ca10 pacity ammunition feeding device, or semiauto11 matic assault weapon giving rise to the violation

12 in the commission of a violent felony, or know13 ing that another juvenile intends to use the

14 handgun, ammunition, large capacity ammuni15 tion feeding device, or semiautomatic assault

16 weapon giving rise to the violation in the com17 mission of a serious violent felony.

18 ‘‘(B) For purposes of this paragraph, the term ‘seri19 ous violent felony’ has the meaning given the term in sec20 tion 3559(c)(2)(F).

21 ‘‘(C) Except as otherwise provided in this chapter,

22 in any case in which a juvenile is prosecuted in a district

23 court of the United States, and the juvenile is subject to

24 penalties under subparagraph (A)(ii), the juvenile shall be

25 subject to the same laws, rules, and proceedings regarding
85

•HR 1501 EH

1 sentencing (including the availability of probation, restitu2 tion, fines, forfeiture, imprisonment, and supervised re3 lease) that would be applicable in the case of an adult.

4 No juvenile sentenced to a term of imprisonment shall be

5 released from custody simply because the juvenile attains

6 18 years of age.’’.

7 SEC. 402. INCREASED PENALTIES AND MANDATORY MIN8 IMUM SENTENCE FOR UNLAWFUL TRANSFER

9 OF FIREARM TO JUVENILE.

10 Section 924(a)(6) of title 18, United States Code, is

11 further amended by redesignating subparagraphs (B) and

12 (C) as subparagraphs (C) and (D), respectively, and by

13 inserting after subparagraph (A) the following:

14 ‘‘(B) A person other than a juvenile who knowingly

15 violates section 922(x)—

16 ‘‘(i) shall be fined under this title, imprisoned

17 not more than 5 years, or both;

18 ‘‘(ii) if the person violated section 922(x)(1)

19 knowing that a juvenile intended to possess the

20 handgun, ammunition, large capacity ammunition

21 feeding device, or semiautomatic assault weapon giv22 ing rise to the violation of section 922(x)(1) in a

23 school zone, shall be fined under this title and im24 prisoned not less than 3 years and not more than 20

25 years; and
86

•HR 1501 EH

1 ‘‘(iii) if the person violated section 922(x)(1)

2 knowing that a juvenile intended to use the hand3 gun, ammunition, large capacity ammunition feeding

4 device, or semiautomatic assault weapon giving rise

5 to the violation of section 922(x)(1) in the commis6 sion of a serious violent felony, shall be imprisoned

7 not less than 10 years and not more than 20 years

8 and fined under this title.’’.

9 SEC. 403. PROHIBITING POSSESSION OF EXPLOSIVES BY

10 JUVENILES AND YOUNG ADULTS.

11 Section 842 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(r)(1) It shall be unlawful for any person who has

14 not attained 21 years of age to ship or transport any ex15 plosive materials in interstate or foreign commerce or to

16 receive or possess any explosive materials which has been

17 shipped or transported in interstate or foreign commerce.

18 ‘‘(2) This subsection shall not apply to commercially

19 manufactured black powder in bulk quantities not to ex20 ceed five pounds, and if the person is less than 18 years

21 of age, the person has the prior written consent of the

22 person’s parents or guardian who is not prohibited by Fed23 eral, State, or local law from possessing explosive mate24 rials, and the person has the prior written consent in the
87

•HR 1501 EH

1 person’s possession at all times when the black powder is

2 in the possession of the person.’’.

3 TITLE V—PREVENTING CRIMI4 NAL ACCESS TO FIREARMS

5 AND EXPLOSIVES

6 SEC. 501. CRIMINAL PROHIBITION ON DISTRIBUTION OF

7 CERTAIN INFORMATION RELATING TO EX8 PLOSIVES, DESTRUCTIVE DEVICES, AND

9 WEAPONS OF MASS DESTRUCTION.

10 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

11 United States Code, is amended by adding at the end the

12 following:

13 ‘‘(p)(1) For purposes of this subsection:

14 ‘‘(A) The term ‘destructive device’ has the same

15 meaning as in section 921(a)(4).

16 ‘‘(B) The term ‘explosive’ has the same mean17 ing as in section 844(j).

18 ‘‘(C) The term ‘weapon of mass destruction’

19 has the same meaning as in section 2332a(c)(2).

20 ‘‘(2) It shall be unlawful for any person—

21 ‘‘(A) to teach or demonstrate the making or use

22 of an explosive, a destructive device, or a weapon of

23 mass destruction, or to distribute by any means in24 formation pertaining to, in whole or in part, the

25 manufacture or use of an explosive, destructive de-
88

•HR 1501 EH

1 vice, or weapon of mass destruction, with the intent

2 that the teaching, demonstration, or information be

3 used for, or in furtherance of, an activity that con4 stitutes a Federal crime of violence; or

5 ‘‘(B) to teach or demonstrate to any person the

6 making or use of an explosive, a destructive device,

7 or a weapon of mass destruction, or to distribute to

8 any person, by any means, information pertaining

9 to, in whole or in part, the manufacture or use of

10 an explosive, destructive device, or weapon of mass

11 destruction, knowing that such person intends to use

12 the teaching, demonstration, or information for, or

13 in furtherance of, an activity that constitutes a Fed14 eral crime of violence.’’.

15 (b) PENALTIES.—Section 844 of title 18, United

16 States Code, is amended—

17 (1) in subsection (a), by striking ‘‘person who

18 violates any of subsections’’ and inserting the fol19 lowing: ‘‘person who—

20 ‘‘(1) violates any of subsections’’;

21 (2) by striking the period and inserting ‘‘;

22 and’’;

23 (3) by adding at the end the following:
89

•HR 1501 EH

1 ‘‘(2) violates section 842(p)(2), shall be fined

2 under this title, imprisoned not more than 20 years,

3 or both.’’; and

4 (4) in subsection (j), by inserting ‘‘and section

5 842(p),’’ after ‘‘this section,’’.

6 SEC. 502. REQUIRING THEFTS FROM COMMON CARRIERS

7 TO BE REPORTED.

8 (a) Section 922(f) of title 18, United States Code,

9 is amended by adding at the end the following:

10 ‘‘(3)(A) It shall be unlawful for any common or con11 tract carrier to fail to report the theft or loss of a firearm

12 within 48 hours after the theft or loss is discovered. The

13 theft or loss shall be reported to the Secretary and to the

14 appropriate local authorities.

15 ‘‘(B) The Secretary may impose a civil fine of not

16 more than $10,000 on any person who knowingly violates

17 subparagraph (A).’’.

18 (b) Section 924(a)(1)(B) of title 18, United States

19 Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),

20 (f)(2),’’.

21 SEC. 503. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.

22 Section 923(g)(4) of title 18, United States Code, is

23 amended to read as follows:

24 ‘‘(4) Where a firearms or ammunition business is dis25 continued and succeeded by a new licensee, the records
90

•HR 1501 EH

1 required to be kept by this chapter shall appropriately re2 flect such facts and shall be delivered to the successor.

3 Upon receipt of such records the successor licensee may

4 retain the records of the discontinued business or submit

5 the discontinued business records to the Secretary. Addi6 tionally, a licensee while maintaining a firearms business

7 may voluntarily submit the records required to be kept by

8 this chapter to the Secretary if such records are at least

9 20 years old. Where discontinuance of the business is ab10 solute, such records shall be delivered within thirty days

11 after the business is discontinued to the Secretary. Where

12 State law or local ordinance requires the delivery of

13 records to another responsible authority, the Secretary

14 may arrange for the delivery of such records to such other

15 responsible authority.’’.

16 SEC. 504. GRANT PROGRAM FOR JUVENILE RECORDS.

17 (a) PROGRAM AUTHORIZATION.—The Attorney Gen18 eral is authorized to provide grants to States to improve

19 the quality and accessibility of juvenile records and to en20 sure juvenile records are routinely available for back21 ground checks performed in connection with the transfer

22 of a firearm.

23 (b) ELIGIBILITY.—

24 (1) IN GENERAL.—A State that wishes to re25 ceive a grant under this section shall submit an ap-
91

•HR 1501 EH

1 plication to the Attorney General that meets the re2 quirements of paragraph (2).

3 (2) ASSURANCE.—The application referred to in

4 paragraph (1) shall include an assurance that the

5 State has in place a system of records that ensures

6 that juvenile records are available for background

7 checks performed in connection with the transfer of

8 a firearm, in which such system provides that—

9 (A) an adjudication of an act of violent ju10 venile delinquency as defined in section

11 921(a)(20)(B) is not expunged or set aside

12 after a juvenile reaches the age of majority; and

13 (B) such a juvenile record is available and

14 retained as if it were an adult record.

15 (c) ALLOCATION.—Of the total funds appropriated

16 under subsection (e), each State that meets the require17 ments of subsection (b), shall be allocated an amount

18 which bears the same ratio to the amount of funds so ap19 propriated as the population of individuals under the age

20 of 18 living in such State for the most recent calendar

21 year in which such data is available bears to the popu22 lation of such individuals of all the States that meet the

23 requirements of subsection (b) for such fiscal year.

24 (d) USES OF FUNDS.—A State that receives a grant

25 award under this section may use such funds to support
92

•HR 1501 EH

1 the administrative record system referred to in subsection

2 (b)(2).

3 (e) AUTHORIZATION OF APPROPRIATION.—There are

4 authorized to be appropriated to carry out this section,

5 $25,000,000 for fiscal year 2000 and such sums as may

6 be necessary for each of the 4 succeeding fiscal years.

7 TITLE VI—PUNISHING AND DE8 TERRING CRIMINAL USE OF

9 FIREARMS AND EXPLOSIVES

10 SEC. 601. MANDATORY MINIMUM SENTENCE FOR DIS11 CHARGING A FIREARM IN A SCHOOL ZONE.

12 Section 924(a)(4) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘922(q) shall be fined’’ and in15 serting ‘‘922(q)(2) shall be fined’’; and

16 (2) by inserting after the first sentence the fol17 lowing: ‘‘Whoever violates section 922(q)(3) with

18 reckless disregard for the safety of another shall be

19 fined under this title, imprisoned not more than 20

20 years, or both, except that if serious bodily injury re21 sults, shall be fined under this title, imprisoned not

22 more than 25 years, or both, or if death results and

23 the person has attained 16 years of age but has not

24 attained 18 years of age, shall be fined under this

25 title, sentenced to imprisonment for life or for any
93

•HR 1501 EH

1 term of years, or both, or if death results and the

2 person has attained 18 years of age, shall be fined

3 under this title, sentenced to death or to imprison4 ment for any term of years or for life, or both. Who5 ever knowingly violates section 922(q)(3) shall be

6 fined under this title, imprisoned not less than 10

7 years and not more than 20 years, or both, except

8 that if serious bodily injury results, shall be fined

9 under this title, imprisoned not less than 15 years

10 and not more than 25 years, or both, or if death re11 sults and the person has attained 16 years of age

12 but has not attained 18 years of age, shall be fined

13 under this title, sentenced to imprisonment for life,

14 or both, or if death results and the person has at15 tained 18 years of age, shall be fined under this

16 title, sentenced to death or to imprisonment for life,

17 or both.’’.

18 SEC. 602. APPREHENSION AND PROCEDURAL TREATMENT

19 OF ARMED VIOLENT CRIMINALS.

20 (a) PRETRIAL DETENTION FOR POSSESSION OF

21 FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—

22 Section 3156(a)(4) of title 18, United States Code, is

23 amended—

24 (1) by striking ‘‘or’’ at the end of subparagraph

25 (B);
94

•HR 1501 EH

1 (2) by striking ‘‘and’’ at the end of subpara2 graph (C) and inserting ‘‘or’’; and

3 (3) by adding at the end the following:

4 ‘‘(D) an offense that is a violation of sec5 tion 842(i) or 922(g) (relating to possession of

6 explosives or firearms by convicted felons);

7 and’’.

8 (b) FIREARMS POSSESSION BY VIOLENT FELONS

9 AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of

10 title 18, United States Code, is amended—

11 (1) by striking ‘‘Whoever’’ and inserting ‘‘(A)

12 Except as provided in subparagraph (B), any person

13 who’’; and

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

15 ‘‘(B) Notwithstanding any other provision of law, the

16 court shall not grant a probationary sentence for such a

17 violation to a person who has more than one previous con18 viction for a violent felony (as defined in subsection

19 (e)(2)(B)) or a serious drug offense (as defined in sub20 section (e)(2)(A)), committed under different cir21 cumstances.’’.

22 SEC. 603. INCREASED PENALTIES FOR POSSESSING OR

23 TRANSFERRING STOLEN FIREARMS.

24 (a) IN GENERAL.—Section 924 of title 18, United

25 States Code, is amended—
95

•HR 1501 EH

1 (1) in subsection (a)—

2 (A) in paragraph (2), by striking ‘‘(i),

3 (j),’’; and

4 (B) by adding at the end the following:

5 ‘‘(8) Whoever knowingly violates subsection (i) or (j)

6 of section 922 shall be fined under this title, imprisoned

7 not more than 15 years, or both.’’;

8 (2) in subsection (i)(1), by striking ‘‘10’’ and

9 inserting ‘‘15’’; and

10 (3) in subsection (l), by striking ‘‘10’’ and in11 serting ‘‘15’’.

12 (b) SENTENCING COMMISSION.—The United States

13 Sentencing Commission shall amend the Federal sen14 tencing guidelines to reflect the amendments made by sub15 section (a).

16 SEC. 604. INCREASED MANDATORY MINIMUM PENALTIES

17 FOR USING A FIREARM TO COMMIT A CRIME

18 OF VIOLENCE OR DRUG TRAFFICKING CRIME.

19 Section 924 of title 18, United States Code, is

20 amended—

21 (1) in subsection (c)(1)(A)—

22 (A) in clause (ii), by striking ‘‘and’’ at the

23 end;

24 (B) in clause (iii), by striking ‘‘10 years.’’

25 and inserting ‘‘12 years; and’’; and
96

•HR 1501 EH

1 (C) by adding at the end the following:

2 ‘‘(iv) if the firearm is used to injure

3 another person, be sentenced to a term of

4 imprisonment of not less than 15 years.’’;

5 and

6 (2) in subsection (h), by striking ‘‘imprisoned

7 not more than 10 years’’ and inserting ‘‘imprisoned

8 not less than 5 years and not more than 10 years’’.

9 SEC. 605. INCREASED PENALTIES FOR MISREPRESENTED

10 FIREARMS PURCHASE IN AID OF A SERIOUS

11 VIOLENT FELONY.

12 (a) IN GENERAL.—Section 924(a) of title 18, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘(7)(A) Notwithstanding paragraph (2), whoever

16 knowingly violates section 922(a)(6) for the purpose of

17 selling, delivering, or otherwise transferring a firearm,

18 knowing or having reasonable cause to know that another

19 person will carry or otherwise possess or discharge or oth20 erwise use the firearm in the commission of a serious vio21 lent felony, shall be—

22 ‘‘(i) fined under this title, imprisoned not more

23 than 15 years, or both; or
97

•HR 1501 EH

1 ‘‘(ii) imprisoned not less than 10 and not more

2 than 20 years and fined under this title, if the pro3 curement is for a juvenile.

4 ‘‘(B) For purposes of this paragraph—

5 ‘‘(i) the term ‘juvenile’ has the meaning given

6 the term in section 922(x); and

7 ‘‘(ii) the term ‘serious violent felony’ has the

8 meaning given the term in section 3559(c)(2)(F).’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 this section shall take effect 180 days after the date of

11 the enactment of this Act.

12 SEC. 606. INCREASING PENALTIES ON GUN KINGPINS.

13 (a) INCREASING THE PENALTY FOR ENGAGING IN AN

14 ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of

15 title 18, United States Code, is amended by inserting ‘‘,

16 or willfully violates section 922(a)(1),’’ after ‘‘section

17 922’’.

18 (b) SENTENCING GUIDELINES INCREASE FOR CER19 TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au20 thority under section 994(p) of title 28, United States

21 Code, the United States Sentencing Commission shall—

22 (1) review and amend the Federal sentencing

23 guidelines to provide an appropriate enhancement

24 for a violation of section 922(a)(1) of title 18,

25 United States Code; and
98

•HR 1501 EH

1 (2) review and amend the Federal sentencing

2 guidelines to provide additional sentencing increases,

3 as appropriate, for offenses involving more than 50

4 firearms.

5 The Commission shall promulgate the amendments pro6 vided for under this subsection as soon as is practicable

7 in accordance with the procedure set forth in section 21(a)

8 of the Sentencing Act of 1987, as though the authority

9 under that Act had not expired.

10 SEC. 607. SERIOUS RECORDKEEPING OFFENSES THAT AID

11 GUN TRAFFICKING.

12 Section 924(a)(3) of title 18, United States Code, is

13 amended by striking the period and inserting ‘‘; but if the

14 violation is in relation to an offense under subsection

15 (a)(6) or (d) of section 922, shall be fined under this title,

16 imprisoned not more than 10 years, or both.’’.

17 SEC. 608. TERMINATION OF FIREARMS DEALER’S LICENSE

18 UPON FELONY CONVICTION.

19 Section 925(b) of title 18, United States Code, is

20 amended by striking ‘‘until any conviction pursuant to the

21 indictment becomes final’’ and inserting ‘‘until the date

22 of any conviction pursuant to the indictment’’.
99

•HR 1501 EH

1 SEC. 609. INCREASED PENALTY FOR TRANSACTIONS IN2 VOLVING FIREARMS WITH OBLITERATED SE3 RIAL NUMBERS.

4 Section 924(a) of title 18, United States Code, is

5 amended—

6 (1) in paragraph (1)(B), by striking ‘‘(k),’’; and

7 (2) in paragraph (2), by inserting ‘‘(k),’’ after

8 ‘‘(j),’’.

9 SEC. 610. FORFEITURE FOR GUN TRAFFICKING.

10 Section 982(a) of title 18, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(9) The court, in imposing a sentence on a person

13 convicted of a gun trafficking offense, as defined in section

14 981(a)(1)(G), or a conspiracy to commit such offense,

15 shall order the person to forfeit to the United States any

16 conveyance used or intended to be used to commit such

17 offense, and any property traceable to such conveyance.’’.

18 SEC. 611. INCREASED PENALTY FOR FIREARMS CON19 SPIRACY.

20 Section 924 of title 18, United States Code, is further

21 amended by adding at the end the following:

22 ‘‘(q) Except as otherwise provided in this section, a

23 person who conspires to commit an offense defined in this

24 chapter shall be subject to the same penalties (other than

25 the penalty of death) as those prescribed for the offense

26 the commission of which is the object of the conspiracy.’’.
100

•HR 1501 EH

1 SEC. 612. GUN CONVICTIONS AS PREDICATE CRIMES FOR

2 ARMED CAREER CRIMINAL ACT.

3 (a) Section 924(e)(1) of title 18, United States Code,

4 is amended—

5 (1) by striking ‘‘violent felony or a serious drug

6 offense, or both,’’ and inserting ‘‘violent felony, a se7 rious drug offense or a violation of section

8 922(g)(1), or a combination of such offenses,’’; and

9 (2) by adding at the end the following: ‘‘No

10 more than two convictions for violations of section

11 922(g)(1) shall be considered in determining wheth12 er a person has three previous convictions for pur13 poses of this subsection.’’.

14 SEC. 613. SERIOUS JUVENILE DRUG TRAFFICKING OF15 FENSES AS ARMED CAREER CRIMINAL ACT

16 PREDICATES.

17 Section 924(e)(2)(C) of title 18, United States Code,

18 is amended by inserting ‘‘or serious drug offense’’ after

19 ‘‘violent felony’’.

20 SEC. 614. FORFEITURE OF FIREARMS USED IN CRIMES OF

21 VIOLENCE AND FELONIES.

22 (a) CRIMINAL FORFEITURE.—Section 982(a) of title

23 18, United States Code, is further amended by adding at

24 the end the following:

25 ‘‘(10) The court, in imposing a sentence on a person

26 convicted of any crime of violence (as defined in section
101

•HR 1501 EH

1 16 of this title) or any felony under Federal law, shall

2 order that the person forfeit to the United States any fire3 arm (as defined in section 921(a)(3) of this title) used

4 or intended to be used to commit or to facilitate the com5 mission of the offense.’’.

6 (b) DISPOSAL OF PROPERTY.—Section 981(c) of title

7 18, United States Code, is amended by adding at the end

8 the following flush sentence:

9 ‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)

10 of this section or section 982(a)(10) of this title shall be

11 disposed of by the seizing agency in accordance with law.’’.

12 (c) AUTHORITY TO FORFEIT PROPERTY UNDER

13 SECTION 924(d).—Section 924(d) of title 18, United

14 States Code, is amended by adding at the end the fol15 lowing:

16 ‘‘(4) Whenever any firearm is subject to forfeiture

17 under this section, the Secretary of the Treasury shall

18 have the authority to seize and forfeit, in accordance with

19 the procedures of the applicable forfeiture statute, any

20 property otherwise forfeitable under the laws of the United

21 States that was involved in or derived from the crime of

22 violence or drug trafficking crime described in subsection

23 (c) in which the forfeited firearm was used or carried.’’.

24 (d) 120-DAY RULE FOR ADMINISTRATIVE FOR25 FEITURE.—Section 924(d)(1) of title 18, United States
102

•HR 1501 EH

1 Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’

2 in the last sentence.

3 (e) SECTION 3665.—Section 3665 of title 18, United

4 States Code, is amended—

5 (1) by redesignating the first undesignated

6 paragraph as subsection (a)(1) and the second un7 designated paragraph as subsection (a)(2); and

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

9 ‘‘(b) The forfeiture of property under this section, in10 cluding any seizure and disposition of the property and

11 any related administrative or judicial proceeding, shall be

12 governed by the provisions of section 413 of the Com13 prehensive Drug Abuse Prevention and Control Act of

14 1970 (21 U.S.C. 853), except for subsection 413(d) which

15 shall not apply to forfeitures under this section.’’.

16 SEC. 615. SEPARATE LICENSES FOR GUNSMITHS.

17 (a) Section 921(a)(11) of title 18, United States

18 Code, is amended to read as follows:

19 ‘‘(11) The term ‘dealer’ means (A) any person en20 gaged in the business as a firearms dealer, (B) any person

21 engaged in the business as a gunsmith, or (C) any person

22 who is a pawnbroker. The term ‘licensed dealer’ means

23 any dealer who is licensed under the provisions of this

24 chapter.’’.
103

•HR 1501 EH

1 (b) Section 921(a) of title 18, United States Code,

2 is amended by redesignating paragraphs (12) through

3 (33) as paragraphs (14) through (35), and by inserting

4 after paragraph (11) the following:

5 ‘‘(12) The term ‘firearms dealer’ means any

6 person who is engaged in the business of selling fire7 arms at wholesale or retail.

8 ‘‘(13) The term ‘gunsmith’ means any person,

9 other than a licensed manufacturer, licensed im10 porter, or licensed dealer, who is engaged in the

11 business of repairing firearms or of making or fit12 ting special barrels, stocks or trigger mechanisms to

13 firearms.’’.

14 (c) Section 923(a)(3) of title 18, United States Code

15 is amended to read as follows:

16 ‘‘(3) If the applicant is a dealer who is—

17 ‘‘(A) a dealer in destructive devices or am18 munition for destructive devices, a fee of $1,000

19 per year;

20 ‘‘(B) a dealer in firearms who is not a

21 dealer in destructive devices, a fee of $200 for

22 3 years, except that the fee for renewal of a

23 valid license shall be $90 for 3 years; or
104

•HR 1501 EH

1 ‘‘(C) a gunsmith, a fee of $100 for 3

2 years, except that the fee for renewal of a valid

3 license shall be $50 for 3 years.’’.

4 SEC. 616. PERMITS AND BACKGROUND CHECKS FOR PUR5 CHASES OF EXPLOSIVES.

6 (a) PERMITS FOR PURCHASE OF EXPLOSIVES IN

7 GENERAL.—Section 842 of title 18, United States Code,

8 is amended—

9 (1) by amending subparagraphs (A) and (B) of

10 subsection (a)(3) to read as follows:

11 ‘‘(A) to transport, ship, cause to be trans12 ported, or receive any explosive materials; or

13 ‘‘(B) to distribute explosive materials to

14 any person other than a licensee or permittee.’’;

15 and

16 (2) in subsection (b)—

17 (A) by adding ‘‘or’’ at the end of para18 graph (1);

19 (B) by striking ‘‘; or’’ at the end of para20 graph (2) and inserting a period; and

21 (C) by striking paragraph (3).

22 (b) BACKGROUND CHECKS.—Section 842 of title 18,

23 United States Code, is further amended by adding at the

24 end the following:
105

•HR 1501 EH

1 ‘‘(q)(1) A licensed importer, licensed manufacturer,

2 or licensed dealer shall not transfer explosive materials to

3 any other person who is not a licensee under section 843

4 of this title unless—

5 ‘‘(A) before the completion of the transfer, the

6 licensee contacts the national instant criminal back7 ground check system established under section

8 103(d) of the Brady Handgun Violence Prevention

9 Act;

10 ‘‘(B)(i) the system provides the licensee with a

11 unique identification number; or

12 ‘‘(ii) 5 business days (meaning a day on which

13 State offices are open) have elapsed since the li14 censee contacted the system, and the system has not

15 notified the licensee that the receipt of explosive ma16 terials by such other person would violate subsection

17 (i) of this section;

18 ‘‘(C) the transferor has verified the identity of

19 the transferee by examining a valid identification

20 document (as defined in section 1038(d)(1) of this

21 title) of the transferee containing a photograph of

22 the transferee; and

23 ‘‘(D) the transferor has examined the permit

24 issued to the transferee pursuant to section 843 of
106

•HR 1501 EH

1 this title and recorded the permit number on the

2 record of the transfer.

3 ‘‘(2) If receipt of explosive materials would not violate

4 section 842(i) of this title or State law, the system shall—

5 ‘‘(A) assign a unique identification number to

6 the transfer; and

7 ‘‘(B) provide the licensee with the number.

8 ‘‘(3) Paragraph (1) shall not apply to the transfer

9 of explosive materials between a licensee and another per10 son if on application of the transferor, the Secretary has

11 certified that compliance with paragraph (1)(A) is imprac12 ticable because—

13 ‘‘(A) the ratio of the number of law enforce14 ment officers of the State in which the transfer is

15 to occur to the number of square miles of land area

16 of the State does not exceed 0.0025;

17 ‘‘(B) the business premises of the licensee at

18 which the transfer is to occur are extremely remote

19 in relation to the chief law enforcement officer (as

20 defined in section 922(s)(8)); and

21 ‘‘(C) there is an absence of telecommunications

22 facilities in the geographical area in which the busi23 ness premises are located.

24 ‘‘(4) If the national instant criminal background

25 check system notifies the licensee that the information
107

•HR 1501 EH

1 available to the system does not demonstrate that the re2 ceipt of explosive materials by such other person would

3 violate subsection (i) or State law, and the licensee trans4 fers explosive materials to such other person, the licensee

5 shall include in the record of the transfer the unique iden6 tification number provided by the system with respect to

7 the transfer.

8 ‘‘(5) If the licensee knowingly transfers explosive ma9 terials to such other person and knowingly fails to comply

10 with paragraph (1) of this subsection with respect to the

11 transfer, the Secretary may, after notice and opportunity

12 for a hearing, suspend for not more than 6 months or re13 voke any license issued to the licensee under section 843

14 and may impose on the licensee a civil fine of not more

15 than $5,000.

16 ‘‘(6) Neither a local government nor an employee of

17 the Federal Government or of any State or local govern18 ment, responsible for providing information to the national

19 instant criminal background check system shall be liable

20 in an action at law for damages—

21 ‘‘(A) for failure to prevent the sale or transfer

22 of explosive materials to a person whose receipt or

23 possession of the explosive materials is unlawful

24 under this section; or
108

•HR 1501 EH

1 ‘‘(B) for preventing such a sale or transfer to

2 a person who may lawfully receive or possess explo3 sive materials.’’.

4 (c) ADMINISTRATIVE PROVISIONS.—Section 103 of

5 the Brady Handgun Violence Prevention Act (18 U.S.C.

6 922 note) is amended—

7 (1) in subsection (f), by inserting ‘‘or explosive

8 materials’’ after ‘‘firearm’’; and

9 (2) in subsection (g), by inserting ‘‘or that re10 ceipt of explosive materials by a prospective trans11 feree would violate section 842(i) of such title, or

12 State law,’’ after ‘‘State law,’’.

13 (d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO14 SIVE MATERIALS.—

15 (1) IN GENERAL.—Chapter 40 of title 18,

16 United States Code, is amended by inserting after

17 section 843 the following:

18 ‘‘§ 843A. Remedy for erroneous denial of explosive

19 materials

20 ‘‘Any person denied explosive materials pursuant to

21 section 842(q)—

22 ‘‘(1) due to the provision of erroneous informa23 tion relating to the person by any State or political

24 subdivision thereof, or by the national instant crimi25 nal background check system established under sec-
109

•HR 1501 EH

1 tion 103 of the Brady Handgun Violence Prevention

2 Act; or

3 ‘‘(2) who was not prohibited from receipt of ex4 plosive materials pursuant to section 842(i),

5 may bring an action against the State or political subdivi6 sion responsible for providing the erroneous information,

7 or responsible for denying the transfer, or against the

8 United States, as the case may be, for an order directing

9 that the erroneous information be corrected or that the

10 transfer be approved, as the case may be. In any action

11 under this section, the court, in its discretion, may allow

12 the prevailing party a reasonable attorney’s fee as part

13 of the costs.’’.

14 (2) TECHNICAL AMENDMENT.—The section

15 analysis for chapter 40 of title 18, United States

16 Code, is amended by inserting after the item relating

17 to section 843 the following:

‘‘843A. Remedy for erroneous denial of explosive materials.’’.

18 (e) REGULATIONS.—

19 (1) IN GENERAL.—Not later than 6 months

20 after the date of the enactment of this Act, the Sec21 retary of the Treasury shall issue final regulations

22 with respect to the amendments made by subsection

23 (a).

24 (2) NOTICE TO STATES.—On the issuance of

25 regulations pursuant to paragraph (1), the Secretary
110

•HR 1501 EH

1 of the Treasury shall notify the States of the regula2 tions so that the States may consider revising their

3 explosives laws.

4 (f) LICENSES AND USER PERMITS.—Section 843(a)

5 of title 18, United States Code, is amended—

6 (1) by inserting ‘‘, including fingerprints and a

7 photograph of the applicant’’ before the period at

8 the end of the first sentence; and

9 (2) by striking the second sentence and insert10 ing, ‘‘Each applicant for a license shall pay for each

11 license a fee established by the Secretary that shall

12 not exceed $300. Each applicant for a permit shall

13 pay for each permit a fee established by the Sec14 retary that shall not exceed $100.’’.

15 (g) PENALTIES.—Section 844 of title 18, United

16 States Code, is amended—

17 (1) by redesignating subsection (a) as sub18 section (a)(1); and

19 (2) by inserting after subsection (a)(1) the fol20 lowing new paragraph:

21 ‘‘(2) Any person who violates section 842(q) shall be

22 fined under this title, imprisoned for not more than 5

23 years, or both.’’.
111

•HR 1501 EH

1 (h) EFFECTIVE DATE.—The amendments made by

2 subsections (a), (b), (c), (d), and (g) shall take effect 18

3 months after the date of the enactment of the Act.

4 SEC. 617. PERSONS PROHIBITED FROM RECEIVING OR POS5 SESSING EXPLOSIVES.

6 (a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)

7 of title 18, United States Code, is amended—

8 (1) in paragraph (5), by striking ‘‘or’’ at the

9 end;

10 (2) in paragraph (6), by striking the period and

11 inserting ‘‘or who has been committed to a mental

12 institution;’’; and

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

14 ‘‘(7) being an alien—

15 ‘‘(A) is illegally or unlawfully in the United

16 States; or

17 ‘‘(B) except as provided in subsection

18 (q)(2), has been admitted to the United States

19 under a nonimmigrant visa (as that term is de20 fined in section 101(a)(26) of the Immigration

21 and Nationality Act (8 U.S.C. 1101(a)(26)));

22 ‘‘(8) has been discharged from the Armed

23 Forces under dishonorable conditions;

24 ‘‘(9) having been a citizen of the United States,

25 has renounced his citizenship;
112

•HR 1501 EH

1 ‘‘(10) is subject to a court order that—

2 ‘‘(A) was issued after a hearing of which

3 such person received actual notice, and at which

4 such person had an opportunity to participate;

5 ‘‘(B) restrains such person from harassing,

6 stalking, or threatening an intimate partner of

7 such person or child of such intimate partner or

8 person, or engaging in other conduct that would

9 place an intimate partner in reasonable fear of

10 bodily injury to the partner or child; and

11 ‘‘(C)(i) includes a finding that such person

12 represents a credible threat to the physical safe13 ty of such intimate partner or child; or

14 ‘‘(ii) by its terms explicitly prohibits the

15 use, attempted use, or threatened use of phys16 ical force against such intimate partner or child

17 that would reasonably be expected to cause bod18 ily injury;

19 ‘‘(11) has been convicted in any court of a mis20 demeanor crime of domestic violence; or

21 ‘‘(12) has been adjudicated delinquent.’’.

22 (b) POSSESSION OF EXPLOSIVES.—Section 842(i) of

23 title 18, United States Code, is amended—

24 (1) in paragraph (3), by striking ‘‘or’’ at the

25 end; and
113

•HR 1501 EH

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

2 ‘‘(5) who, being an alien—

3 ‘‘(A) is illegally or unlawfully in the United

4 States; or

5 ‘‘(B) except as provided in subsection

6 (q)(2), has been admitted to the United States

7 under a non-immigrant visa (as that term is de8 fined in section 101(a)(26) of the Immigration

9 and Nationality Act (8 U.S.C. 1101(a)(26)));

10 ‘‘(6) who has been discharged from the Armed

11 Forces under dishonorable conditions;

12 ‘‘(7) who, having been a citizen of the United

13 States, has renounced his citizenship;

14 ‘‘(8) who is subject to a court order that—

15 ‘‘(A) was issued after a hearing of which

16 such person received actual notice, and at which

17 such person had an opportunity to participate;

18 ‘‘(B) restrains such person from harassing,

19 stalking, or threatening an intimate partner of

20 such person or child of such intimate partner or

21 person, or engaging in other conduct that would

22 place an intimate partner in reasonable fear of

23 bodily injury to the partner or child; and
114

•HR 1501 EH

1 ‘‘(C)(i) includes a finding that such person

2 represents a credible threat to the physical safe3 ty of such intimate partner or child; or

4 ‘‘(ii) by its terms explicitly prohibits the

5 use, attempted use, or threatened use of phys6 ical force against such intimate partner or child

7 that would reasonably be expected to cause bod8 ily injury;

9 ‘‘(9) who has been convicted in any court of a

10 misdemeanor crime of domestic violence; or

11 ‘‘(10) who has been adjudicated delinquent.’’.

12 (c) DEFINITION.—Section 841 of title 18, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘(r)(1) Except as provided in paragraph (2), ‘mis16 demeanor crime of domestic violence’ means an offense

17 that—

18 ‘‘(A) is a misdemeanor under Federal or State

19 law; and

20 ‘‘(B) has, as an element, the use or attempted

21 use of physical force, or the threatened use of a

22 deadly weapon, committed by a current or former

23 spouse, parent, or guardian of the victim, by a per24 son with whom the victim shares a child in common,

25 by a person who is cohabiting with or has cohabited
115

•HR 1501 EH

1 with the victim as a spouse, parent, or guardian, or

2 by a person similarly situated to a spouse, parent,

3 or guardian of the victim.

4 ‘‘(2)(A) A person shall not be considered to have been

5 convicted of such an offense for purposes of this chapter,

6 unless—

7 ‘‘(i) the person was represented by counsel in

8 the case, or knowingly and intelligently waived the

9 right to counsel in the case; and

10 ‘‘(ii) in the case of a prosecution for an offense

11 described in this paragraph for which a person was

12 entitled to a jury trial in the jurisdiction in which

13 the case was tried—

14 ‘‘(I) the case was tried by a jury; or

15 ‘‘(II) the person knowingly and intel16 ligently waived the right to have the case tried

17 by jury, by guilty plea or otherwise.

18 ‘‘(B) A person shall not be considered to have been

19 convicted of such an offense for purposes of this chapter

20 if the conviction has been expunged or set aside, or is an

21 offense for which the person has been pardoned or has

22 had civil rights restored (if the law of the applicable juris23 diction provides for the loss of civil rights under such an

24 offense) unless the pardon, expungement, or restoration
116

•HR 1501 EH

1 of civil rights expressly provides that the person may not

2 ship, transport, possess, or receive firearms.

3 ‘‘(s) ‘Adjudicated delinquent’ means an adjudication

4 of delinquency based upon a finding of the commission of

5 an act by a person prior to his or her eighteenth birthday

6 that, if committed by an adult, would be a serious drug

7 offense or violent felony (as defined in section 3559(c)(2)

8 of this title), on or after the date of the enactment of this

9 paragraph.’’.

10 (d) ALIENS ADMITTED UNDER NONIMMIGRANT

11 VISAS.—Section 842 is amended by adding at the end the

12 following:

13 ‘‘(r)(1) For purposes of this subsection—

14 ‘‘(A) the term ‘alien’ has the same meaning as

15 in section 101(a)(3) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(a)(3)); and

17 ‘‘(B) the term ‘nonimmigrant visa’ has the

18 same meaning as in section 101(a)(26) of the Immi19 gration and Nationality Act (8 U.S.C. 1101(a)(26)).

20 ‘‘(2) Sections (d)(7)(B) and (i)(5)(B) do not apply

21 to any alien who has been lawfully admitted to the United

22 States under a nonimmigrant visa, if that alien is a for23 eign law enforcement officer of a friendly foreign govern24 ment entering the United States on official law enforce25 ment business.
117

•HR 1501 EH

1 ‘‘(3)(A) Any individual who has been admitted to the

2 United States under a nonimmigrant visa may receive a

3 waiver from the requirements of subsection (i)(5)(B), if—

4 ‘‘(i) the individual submits to the Attorney Gen5 eral a petition that meets the requirements of sub6 paragraph (C); and

7 ‘‘(ii) the Attorney General approves the peti8 tion.

9 ‘‘(B) Each petition under subparagraph (B) shall—

10 ‘‘(i) demonstrate that the petitioner has resided

11 in the United States for a continuous period of not

12 less than 180 days before the date on which the pe13 tition is submitted under this paragraph; and

14 ‘‘(ii) include a written statement from the em15 bassy or consulate of the petitioner, authorizing the

16 petitioner to acquire explosives and certifying that

17 the alien would not, absent the application of sub18 section (i)(5)(B), otherwise be prohibited from such

19 an acquisition under subsection (i).

20 ‘‘(C) The Attorney General shall approve a petition

21 submitted in accordance with this paragraph, if the Attor22 ney General determines that waiving the requirements of

23 subsection (i)(5)(B) with respect to the petitioner—

24 ‘‘(i) would be in the interests of justice; and

25 ‘‘(ii) would not jeopardize the public safety.’’.
118

•HR 1501 EH

1 (e) CONFORMING AMENDMENT.—Section 845 of title

2 18, United States Code, is amended by adding at the end

3 the following:

4 ‘‘(d) Notwithstanding any other provision of this sec5 tion, no person convicted of a misdemeanor crime of do6 mestic violence may ship or transport any explosive mate7 rials in interstate or foreign commerce or to receive or pos8 sess any explosive materials which have been shipped or

9 transported in interstate or foreign commerce.’’.

10 TITLE VII—PUNISHING GANG VI11 OLENCE AND DRUG TRAF12 FICKING TO MINORS

13 SEC. 701. INCREASED MANDATORY MINIMUM PENALTIES

14 FOR USING MINORS TO DISTRIBUTE DRUGS.

15 Section 420 of the Controlled Substances Act (21

16 U.S.C. 861) is amended—

17 (1) in subsection (b), by striking ‘‘one year’’

18 and inserting ‘‘3 years’’; and

19 (2) in subsection (c), by striking ‘‘one year’’

20 and inserting ‘‘5 years’’.

21 SEC. 702. INCREASED MANDATORY MINIMUM PENALTIES

22 FOR DISTRIBUTING DRUGS TO MINORS.

23 Section 418 of the Controlled Substances Act (21

24 U.S.C. 859) is amended—
119

•HR 1501 EH

1 (1) in subsection (a), by striking ‘‘one year’’

2 and inserting ‘‘3 years’’; and

3 (2) in subsection (b), by striking ‘‘one year’’

4 and inserting ‘‘5 years’’.

5 SEC. 703. INCREASED MANDATORY MINIMUM PENALTIES

6 FOR DRUG TRAFFICKING IN OR NEAR A

7 SCHOOL OR OTHER PROTECTED LOCATION.

8 Section 419 of the Controlled Substances Act (21

9 U.S.C. 860) is amended—

10 (1) in subsection (a), by striking ‘‘one year’’

11 and inserting ‘‘3 years’’; and

12 (2) in subsection (b), by striking ‘‘three years’’

13 each place that term appears and inserting ‘‘5

14 years’’.

15 SEC. 704. CRIMINAL STREET GANGS.

16 (a) IN GENERAL.—Section 521 of title 18, United

17 States Code, is amended—

18 (1) in subsection (a), in the second undesig19 nated paragraph—

20 (A) by striking ‘‘5’’ and inserting ‘‘3’’;

21 (B) by inserting ‘‘, whether formal or in22 formal’’ after ‘‘or more persons’’; and

23 (C) in subparagraph (A), by inserting ‘‘or

24 activities’’ after ‘‘purposes’’;
120

•HR 1501 EH

1 (2) in subsection (b), by inserting after ‘‘10

2 years’’ the following: ‘‘and such person shall be sub3 ject to the forfeiture prescribed in section 412 of the

4 Controlled Substances Act (21 U.S.C. 853)’’;

5 (3) in subsection (c)—

6 (A) in paragraph (2), by striking ‘‘and’’ at

7 the end;

8 (B) in paragraph (3), by striking the pe9 riod at the end and inserting a semicolon; and

10 (C) by adding at the end the following:

11 ‘‘(3) that is a violation of section 522 (relating

12 to the recruitment of persons to participate in crimi13 nal gang activity);

14 ‘‘(4) that is a violation of section 844, 875, or

15 876 (relating to extortion and threats), section 1084

16 (relating to gambling), section 1955 (relating to

17 gambling), or chapter 73 (relating to obstruction of

18 justice);

19 ‘‘(5) that is a violation of section 1956 (relating

20 to money laundering), to the extent that the viola21 tion of such section is related to a Federal or State

22 offense involving a controlled substance (as that

23 term is defined in section 102 of the Controlled Sub24 stances Act (21 U.S.C. 802)); or
121

•HR 1501 EH

1 ‘‘(6) that is a violation of section 274(a)(1)(A),

2 277, or 278 of the Immigration and Nationality Act

3 (8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating

4 to alien smuggling); and

5 ‘‘(7) a conspiracy, attempt, or solicitation to

6 commit an offense described in paragraphs (1)

7 through (6).’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

9 Section 3663(c)(4) of title 18, United States Code, is

10 amended by striking ‘‘chapter 46’’ and inserting ‘‘section

11 521, chapter 46,’’.

12 SEC. 705. INCREASE IN OFFENSE LEVEL FOR PARTICIPA13 TION IN CRIME AS A GANG MEMBER.

14 (a) DEFINITION OF CRIMINAL STREET GANG.—In

15 this section, the term ‘‘criminal street gang’’ has the

16 meaning given that term in section 521(a) of title 18,

17 United States Code.

18 (b) AMENDMENT OF SENTENCING GUIDELINES.—

19 (1) IN GENERAL.—Pursuant to its authority

20 under section 994(p) of title 28, United States Code,

21 the United States Sentencing Commission shall

22 amend the Federal Sentencing Guidelines to provide

23 an appropriate enhancement for any Federal offense

24 described in section 521(c) of title 18, United States

25 Code, if the offense was both committed in connec-
122

•HR 1501 EH

1 tion with, or in furtherance of, the activities of a

2 criminal street gang and the defendant was a mem3 ber of the criminal street gang at the time of the of4 fense.

5 (2) FACTORS TO BE CONSIDERED.—In deter6 mining an appropriate enhancement under this sec7 tion, the United States Sentencing Commission shall

8 give great weight to the seriousness of the offense,

9 the offender’s relative position in the criminal gang,

10 and the risk of death or serious bodily injury to any

11 person posed by the offense.

12 (c) CONSTRUCTION WITH OTHER GUIDELINES.—

13 The amendment made by subsection (b) shall provide that

14 the increase in the offense level shall be in addition to any

15 other adjustment under chapter 3 of the Federal Sen16 tencing Guidelines.

17 SEC. 706. INTERSTATE AND FOREIGN TRAVEL OR TRANS18 PORTATION IN AID OF CRIMINAL GANGS.

19 (a) TRAVEL ACT AMENDMENT.—Section 1952 of

20 title 18, United States Code, is amended to read as fol21 lows:

22 ‘‘§ 1952. Interstate and foreign travel or transpor23 tation in aid of racketeering enterprises

24 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—

25 ‘‘(1) IN GENERAL.—Whoever—
123

•HR 1501 EH

1 ‘‘(A) travels in interstate or foreign com2 merce or uses the mail or any facility in inter3 state or foreign commerce, with intent to—

4 ‘‘(i) distribute the proceeds of any un5 lawful activity; or

6 ‘‘(ii) otherwise promote, manage, es7 tablish, carry on, or facilitate the pro8 motion, management, establishment, or

9 carrying on, of any unlawful activity; and

10 ‘‘(B) after travel or use of the mail or any

11 facility in interstate or foreign commerce de12 scribed in subparagraph (A), performs, at13 tempts to perform, or conspires to perform an

14 act described in clause (i) or (ii) of subpara15 graph (A),

16 shall be fined under this title, imprisoned not more

17 than 10 years, or both.

18 ‘‘(2) CRIMES OF VIOLENCE.—Whoever—

19 ‘‘(A) travels in interstate or foreign com20 merce or uses the mail or any facility in inter21 state or foreign commerce, with intent to com22 mit any crime of violence to further any unlaw23 ful activity; and

24 ‘‘(B) after travel or use of the mail or any

25 facility in interstate or foreign commerce de-
124

•HR 1501 EH

1 scribed in subparagraph (A), commits, attempts

2 to commit, or conspires to commit any crime of

3 violence to further any unlawful activity,

4 shall be fined under this title, imprisoned for not

5 more than 20 years, or both, and if death results

6 shall be sentenced to death or be imprisoned for any

7 term of years or for life.

8 ‘‘(b) DEFINITIONS.—In this section:

9 ‘‘(1) CONTROLLED SUBSTANCE.—The term

10 ‘controlled substance’ has the meaning given that

11 term in section 102(6) of the Controlled Substances

12 Act (21 U.S.C. 802(6)).

13 ‘‘(2) STATE.—The term ‘State’ means a State

14 of the United States, the District of Columbia, and

15 any commonwealth, territory, or possession of the

16 United States.

17 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw18 ful activity’ means—

19 ‘‘(A) any business enterprise involving

20 gambling, liquor on which the Federal excise

21 tax has not been paid, narcotics or controlled

22 substances, or prostitution offenses in violation

23 of the laws of the State in which the offense is

24 committed or of the United States;
125

•HR 1501 EH

1 ‘‘(B) extortion, bribery, arson, burglary if

2 the offense involves property valued at not less

3 than $10,000, assault with a deadly weapon,

4 assault resulting in bodily injury, shooting at an

5 occupied dwelling or motor vehicle, or retalia6 tion against or intimidation of witnesses, vic7 tims, jurors, or informants, in violation of the

8 laws of the State in which the offense is com9 mitted or of the United States; or

10 ‘‘(C) any act that is indictable under sec11 tion 1956 or 1957 of this title or under sub12 chapter II of chapter 53 of title 31, United

13 States Code.’’.

14 (b) AMENDMENT OF SENTENCING GUIDELINES.—

15 (1) IN GENERAL.—Pursuant to its authority

16 under section 994(p) of title 28, United States Code,

17 the United States Sentencing Commission shall

18 amend chapter 2 of the Federal Sentencing Guide19 lines to provide an appropriate increase in the of20 fense levels for traveling in interstate or foreign

21 commerce in aid of unlawful activity.

22 (2) UNLAWFUL ACTIVITY DEFINED.—In this

23 subsection, the term ‘‘unlawful activity’’ has the

24 meaning given that term in section 1952(b) of title

25 18, United States Code, as amended by this section.
126

•HR 1501 EH

1 (3) SENTENCING ENHANCEMENT FOR RECRUIT2 MENT ACROSS STATE LINES.—Pursuant to its au3 thority under section 994(p) of title 28, United

4 States Code, the United States Sentencing Commis5 sion shall amend the Federal Sentencing Guidelines

6 to provide an appropriate enhancement for a person

7 who, in violating section 522 of title 18, United

8 States Code, recruits, solicits, induces, commands, or

9 causes another person residing in another State to

10 be or to remain a member of a criminal street gang,

11 or crosses a State line with the intent to recruit, so12 licit, induce, command, or cause another person to

13 be or to remain a member of a criminal street gang.

14 SEC. 707. GANG-RELATED WITNESS INTIMIDATION AND RE15 TALIATION.

16 (a) INTERSTATE TRAVEL TO ENGAGE IN WITNESS

17 INTIMIDATION OR OBSTRUCTION OF JUSTICE.—Section

18 1952 of title 18, United States Code, is amended—

19 (1) by redesignating subsections (b) and (c) as

20 subsections (c) and (d), respectively; and

21 (2) by inserting after subsection (a) the fol22 lowing:

23 ‘‘(b) Whoever travels in interstate or foreign com24 merce with intent by bribery, force, intimidation, or

25 threat, directed against any person, to delay or influence
127

•HR 1501 EH

1 the testimony of or prevent from testifying a witness in

2 a State criminal proceeding or by any such means to cause

3 any person to destroy, alter, or conceal a record, docu4 ment, or other object, with intent to impair the object’s

5 integrity or availability for use in such a proceeding, and

6 thereafter engages or endeavors to engage in such con7 duct, shall be fined under this title or imprisoned not more

8 than 10 years, or both; and if serious bodily injury (as

9 defined in section 1365 of this title) results, shall be so

10 fined or imprisoned for not more than 20 years, or both;

11 and if death results, shall be so fined and imprisoned for

12 any term of years or for life, or both, and may be sen13 tenced to death.’’.

14 (b) CONSPIRACY PENALTY FOR OBSTRUCTION OF

15 JUSTICE OFFENSES INVOLVING VICTIMS, WITNESSES,

16 AND INFORMANTS.—Section 1512 of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘(j) Whoever conspires to commit any offense defined

20 in this section or section 1513 of this title shall be subject

21 to the same penalties as those prescribed for the offense

22 the commission of which was the object of the con23 spiracy.’’.

24 (c) WITNESS RELOCATION SURVEY AND TRAINING

25 PROGRAM.—
128

•HR 1501 EH

1 (1) SURVEY.—The Attorney General shall sur2 vey all State and selected local witness protection

3 and relocation programs to determine the extent and

4 nature of such programs and the training needs of

5 those programs. Not later than 270 days after the

6 date of the enactment of this section, the Attorney

7 General shall report the results of this survey to

8 Congress.

9 (2) TRAINING.—Based on the results of such

10 survey, the Attorney General shall make available to

11 State and local law enforcement agencies training to

12 assist those law enforcement agencies in developing

13 and managing witness protection and relocation pro14 grams.

15 (3) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated to carry out

17 paragraphs (1) and (2) for fiscal year 2000 not to

18 exceed $500,000.

19 (d) FEDERAL-STATE COORDINATION AND COOPERA20 TION REGARDING NOTIFICATION OF INTERSTATE WIT21 NESS RELOCATION.—

22 (1) ATTORNEY GENERAL TO PROMOTE INTER23 STATE COORDINATION.—The Attorney General shall

24 engage in activities, including the establishment of a

25 model Memorandum of Understanding under para-
129

•HR 1501 EH

1 graph (2), which promote coordination among State

2 and local witness interstate relocation programs.

3 (2) MODEL MEMORANDUM OF UNDER4 STANDING.—The Attorney General shall establish a

5 model Memorandum of Understanding for States

6 and localities that engage in interstate witness relo7 cation. Such a model Memorandum of Under8 standing shall include a requirement that notice be

9 provided to the jurisdiction to which the relocation

10 has been made by the State or local law enforcement

11 agency that relocates a witness to another State who

12 has been arrested for or convicted of a crime of vio13 lence as described in section 16 of title 18, United

14 States Code.

15 (3) BYRNE GRANT ASSISTANCE.—The Attorney

16 General is authorized to expend up to 10 percent of

17 the total amount appropriated under section 511 of

18 subpart 2 of part E of the Omnibus Crime Control

19 and Safe Streets Act of 1968 for purposes of mak20 ing grants pursuant to section 510 of that Act to

21 those jurisdictions that have interstate witness relo22 cation programs and that have substantially followed

23 the model Memorandum of Understanding.

24 (4) GUIDELINES AND DETERMINATION OF ELI25 GIBILITY.—The Attorney General shall establish
130

•HR 1501 EH

1 guidelines relating to the implementation of para2 graph (4) and shall determine, consistent with such

3 guidelines, which jurisdictions are eligible for grants

4 under paragraph (4).

5 (d) BYRNE GRANTS.—Section 501(b) of the Omnibus

6 Crime Control and Safe Streets Act of 1968 is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (25);

9 (2) by striking the period at the end paragraph

10 (26) and inserting ‘‘; and’’; and

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

12 ‘‘(27) developing and maintaining witness secu13 rity and relocation programs, including providing

14 training of personnel in the effective management of

15 such programs.’’.

16 (e) DEFINITION.—As used in this section, the term

17 ‘‘State’’ includes the District of Columbia, Puerto Rico,

18 and any other commonwealth, territory, or possession of

19 the United States.

20 TITLE VIII—JUVENILE GANGS

21 SEC. 801. SOLICITATION OR RECRUITMENT OF PERSONS IN

22 CRIMINAL STREET GANG ACTIVITY.

23 (a) PROHIBITED ACTS.—Chapter 26 of title 18,

24 United States Code, is amended by adding at the end the

25 following:
131

•HR 1501 EH

1 ‘‘§ 522. Recruitment of persons to participate in

2 criminal street gang activity

3 ‘‘(a) PROHIBITED ACT.—It shall be unlawful for any

4 person, to use any facility in, or travel in, interstate or

5 foreign commerce, or cause another to do so, to recruit,

6 solicit, induce, command, or cause another person to be

7 or remain as a member of a criminal street gang, or con8 spire to do so, with the intent that the person being re9 cruited, solicited, induced, commanded or caused to be or

10 remain a member of such gang participate in an offense

11 described in section 521(c).

12 ‘‘(b) PENALTIES.—Any person who violates sub13 section (a) shall—

14 ‘‘(1) if the person recruited, solicited, induced,

15 commanded, or caused—

16 ‘‘(A) is a minor, be imprisoned not less

17 than 4 years and not more than 10 years, fined

18 in accordance with this title, or both; or

19 ‘‘(B) is not a minor, be imprisoned not less

20 than 1 year and not more than 10 years, fined

21 in accordance with this title, or both; and

22 ‘‘(2) be liable for any costs incurred by the

23 Federal Government or by any State or local govern24 ment for housing, maintaining, and treating the

25 minor until the minor attains the age of 18 years.

26 ‘‘(c) DEFINITIONS.—In this section:
132

•HR 1501 EH

1 ‘‘(1) CRIMINAL STREET GANG.—The term

2 ‘criminal street gang’ has the meaning given the

3 term in section 521.

4 ‘‘(2) MINOR.—The term ‘minor’ means a per5 son who is younger than 18 years of age.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 26 of title 18, United States

8 Code, is amended by adding at the end the following new

9 item:

‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.

10 TITLE IX—MATTHEW’S LAW

11 SEC. 901. SHORT TITLE.

12 This title may be cited as ‘‘Matthew’s Law’’.

13 SEC. 902. ENHANCED PENALTIES FOR CRIMES OF VIO14 LENCE AGAINST CHILDREN UNDER AGE 13.

15 (a) IN GENERAL.—Title XVII of the Violent Crime

16 Control and Law Enforcement Act of 1994 is amended

17 by adding at the end the following:

18 ‘‘Subtitle C—Enhanced Penalties

19 for Crimes of Violence Against

20 Children Under Age 13

21 ‘‘SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIO22 LENCE AGAINST CHILDREN UNDER AGE 13.

23 ‘‘(a) IN GENERAL.—The United States Sentencing

24 Commission shall amend the Federal sentencing guidelines

25 to provide a sentencing enhancement of not less than 5
133

•HR 1501 EH

1 levels above the offense level otherwise provided for a

2 crime of violence, if the crime of violence is against a child.

3 ‘‘(b) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘crime of violence’ means any

5 crime punishable by imprisonment for a term ex6 ceeding one year that has as an element the use, at7 tempted use, or threatened use of physical force

8 against the person of another; and

9 ‘‘(2) the term ‘child’ means a person who has

10 not attained 13 years of age at the time of the of11 fense.’’.

12 (b) CONFORMING REPEAL.—Section 240002 of such

13 Act (28 U.S.C. 994 note) is repealed.

14 (c) CLERICAL AMENDMENT.—The table of contents

15 of such Act is amended by striking the item relating to

16 subtitle C of title XVII and the items relating to sections

17 170301 through 170303 and inserting the following:

‘‘Subtitle C—Enhanced Penalties for Crimes of Violence Against Children

Under Age 13.

‘‘Sec. 170301. Enhanced penalties for crimes of violence against children under

age 13.’’.
134

•HR 1501 EH

1 SEC. 903. FEDERAL BUREAU OF INVESTIGATION ASSIST2 ANCE AVAILABLE TO STATE OR LOCAL LAW

3 AUTHORITIES IN INVESTIGATING POSSIBLE

4 HOMICIDES OF CHILDREN UNDER THE AGE

5 OF 13.

6 To the maximum extent practicable, the Federal Bu7 reau of Investigation may provide to State and local law

8 enforcement authorities such assistance as such authori9 ties may require in investigating the death of an individual

10 who has not attained 13 years of age under circumstances

11 indicating that the death may have been a homicide.

12 TITLE X—DRUG DEALER

13 LIABILITY

14 SEC. 1001. FEDERAL CAUSE OF ACTION FOR DRUG DEALER

15 LIABILITY.

16 (a) IN GENERAL.—Part E of the Controlled Sub17 stances Act is amended by adding at the end the following:

18 ‘‘SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER

19 LIABILITY.

20 ‘‘(a) IN GENERAL.—Except as provided in subsection

21 (b), any person who manufactures or distributes a con22 trolled substance in a felony violation of this title or title

23 III shall be liable in a civil action to any party harmed,

24 directly or indirectly, by the use of that controlled sub25 stance.
135

•HR 1501 EH

1 ‘‘(b) EXCEPTION.—An individual user of a controlled

2 substance may not bring or maintain an action under this

3 section unless the individual personally discloses to nar4 cotics enforcement authorities all of the information

5 known to the individual regarding all that individual’s

6 sources of illegal controlled substances.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 for the Comprehensive Drug Abuse Prevention and Con9 trol Act of 1970 is amended by inserting after the time

10 relating to section 520 the following new item:

‘‘Sec. 521. Federal cause of action for drug dealer liability.’’.

11 TITLE XI—LIMITATION ON RE12 COVERY OF ATTORNEYS FEES

13 IN CERTAIN CASES

14 SEC. 1101. LIMITATION ON RECOVERY OF ATTORNEYS FEES

15 IN CERTAIN CASES.

16 Section 722(b) of the Revised Statutes of the United

17 States (42 U.S.C. 1988(b)) is amended—

18 (1) by striking ‘‘In’’ and inserting ‘‘Except as

19 otherwise provided in this subsection, in’’;

20 (2) by striking ‘‘, except that’’ and inserting ‘‘.

21 However,’’; and

22 (3) by adding at the end the fol23 lowing:‘‘Attorneys’ fees under this section may not

24 be allowed in any action claiming that a public

25 school or its agent violates the constitutional prohi-
136

•HR 1501 EH

1 bition against the establishment of religion by per2 mitting, facilitating, or accommodating a student’s

3 religious expression.’’.

4 TITLE XII—RIGHTS TO

5 RELIGIOUS LIBERTY

6 SEC. 1201. FINDINGS.

7 The Congress finds the following:

8 (1) The Declaration of Independence declares

9 that governments are instituted to secure certain

10 unalienable rights, including life, liberty, and the

11 pursuit of happiness, with which all human beings

12 are endowed by their Creator and to which they are

13 entitled by the laws of nature and of nature’s God.

14 (2) The organic laws of the United States Code

15 and the constitutions of every State, using various

16 expressions, recognize God as the source of the

17 blessings of liberty.

18 (3) The First Amendment to the Constitution

19 of the United States secures rights against laws re20 specting an establishment of religion or prohibiting

21 the free exercise thereof made by the United States

22 Government.

23 (4) The rights secured under the First Amend24 ment have been interpreted by courts of the United
137

•HR 1501 EH

1 States Government to be included among the provi2 sions of the Fourteenth Amendment.

3 (5) The Tenth Amendment reserves to the

4 States respectively the powers not delegated to the

5 United States Government nor prohibited to the

6 States.

7 (6) Disputes and doubts have arisen with re8 spect to public displays of the Ten Commandments

9 and to other public expression of religious faith.

10 (7) Section 5 of the Fourteenth Amendment

11 grants the Congress power to enforce the provisions

12 of the said amendment.

13 (8) Article I, Section 8, grants the Congress

14 power to constitute tribunals inferior to the Supreme

15 Court, and Article III, Section 1, grants the Con16 gress power to ordain and establish courts in which

17 the judicial power of the United States Government

18 shall be vested.

19 SEC. 1202. RELIGIOUS LIBERTY RIGHTS DECLARED.

20 (a) DISPLAY OF TEN COMMANDMENTS.—The power

21 to display the Ten Commandments on or within property

22 owned or administered by the several States or political

23 subdivisions thereof is hereby declared to be among the

24 powers reserved to the States respectively.
138

•HR 1501 EH

1 (b) EXPRESSION OF RELIGIOUS FAITH.—The expres2 sion of religious faith by individual persons on or within

3 property owned or administered by the several States or

4 political subdivisions thereof is hereby—

5 (1) declared to be among the rights secured

6 against laws respecting an establishment of religion

7 or prohibiting the free exercise of religion made or

8 enforced by the United States Government or by any

9 department or executive or judicial officer thereof;

10 and

11 (2) declared to be among the liberties of which

12 no State shall deprive any person without due proc13 ess of law made in pursuance of powers reserved to

14 the States respectively.

15 (c) EXERCISE OF JUDICIAL POWER.—The courts

16 constituted, ordained, and established by the Congress

17 shall exercise the judicial power in a manner consistent

18 with the foregoing declarations.

19 TITLE XIII—JUVENILE CRIME

20 CONTROL AND DELINQUENCY

21 PREVENTION

22 SEC. 1301. SHORT TITLE.

23 This title may be cited as the ‘‘Juvenile Crime Con24 trol and Delinquency Prevention Act of 1999’’.
139

•HR 1501 EH

1 Subtitle A—Amendments to Juve2 nile Justice and Delinquency

3 Prevention Act of 1974

4 SEC. 1302. FINDINGS.

5 Section 101 of the Juvenile Justice and Delinquency

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

7 read as follows:

8 ‘‘FINDINGS

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

10 ‘‘(1) There has been a dramatic increase in ju11 venile delinquency, particularly violent crime com12 mitted by juveniles. Weapons offenses and homicides

13 are two of the fastest growing crimes committed by

14 juveniles. More than one-half of juvenile victims are

15 killed with a firearm. Approximately one-fifth of the

16 individuals arrested for committing violent crime are

17 less than 18 years of age. The increase in both the

18 number of youth below the age of 15 and females

19 arrested for violent crime is cause for concern.

20 ‘‘(2) This problem should be addressed through

21 a 2-track common sense approach that addresses the

22 needs of individual juveniles and society at large by

23 promoting—

24 ‘‘(A) quality prevention programs that—
140

•HR 1501 EH

1 ‘‘(i) work with juveniles, their fami2 lies, local public agencies, and community3 based organizations, and take into consid4 eration such factors as whether or not ju5 veniles have been the victims of family vio6 lence (including child abuse and neglect);

7 and

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

9 develop competencies in at-risk juveniles

10 that will prevent, and reduce the rate of,

11 violent delinquent behavior; and

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

14 system of graduated sanctions to respond to

15 each delinquent act, requiring juveniles to make

16 restitution, or perform community service, for

17 the damage caused by their delinquent acts,

18 and methods for increasing victim satisfaction

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

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

22 by focusing on juvenile delinquency prevention programs,

23 as well as programs that hold juveniles accountable for

24 their acts. Without true reform, the criminal justice sys25 tem will not be able to overcome the challenges it will face
141

•HR 1501 EH

1 in the coming years when the number of juveniles is ex2 pected to increase by 30 percent.’’.

3 SEC. 1303. PURPOSE.

4 Section 102 of the Juvenile Justice and Delinquency

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

6 read as follows:

7 ‘‘PURPOSES

8 ‘‘SEC. 102. The purposes of this title and title II

9 are—

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

11 prevent juvenile involvement in delinquent behavior;

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

13 promoting public safety by encouraging account14 ability for acts of juvenile delinquency; and

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

16 addressing juvenile crime through the provision of

17 technical assistance, research, training, evaluation,

18 and the dissemination of information on effective

19 programs for combating juvenile delinquency.’’.

20 SEC. 1304. DEFINITIONS.

21 Section 103 of the Juvenile Justice and Delinquency

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

23 (1) in paragraph (3) by striking ‘‘to help pre24 vent juvenile delinquency’’ and inserting ‘‘designed

25 to reduce known risk factors for juvenile delinquent

26 behavior, provides activities that build on protective
142

•HR 1501 EH

1 factors for, and develop competencies in, juveniles to

2 prevent, and reduce the rate of, delinquent juvenile

3 behavior’’;

4 (2) in paragraph (4) by inserting ‘‘title I of’’

5 before ‘‘the Omnibus’’ each place it appears;

6 (3) in paragraph (7) by striking ‘‘the Trust

7 Territory of the Pacific Islands,’’;

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

9 inserting ‘‘crime control’’;

10 (5) in paragraph (12)(B) by striking ‘‘, of any

11 nonoffender,’’;

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

13 non-offender,’’;

14 (7) in paragraph (14) by inserting ‘‘drug traf15 ficking,’’ after ‘‘assault,’’;

16 (8) in paragraph (16)—

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

18 at the end; and

19 (B) by striking subparagraph (C);

20 (9) by striking paragraph (17);

21 (10) in paragraph (22)—

22 (A) by redesignating subparagraphs (i),

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

24 (C), respectively; and

25 (B) by striking ‘‘and’’ at the end;
143

•HR 1501 EH

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

2 the end and inserting a semicolon;

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

4 (20), (21), (22), and (23) as paragraphs (17)

5 through (22), respectively; and

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

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

8 facility (excluding a private residence) at which there

9 are provided—

10 ‘‘(A) a highly regimented schedule of dis11 cipline, physical training, work, drill, and cere12 mony characteristic of military basic training.

13 ‘‘(B) regular, remedial, special, and voca14 tional education; and

15 ‘‘(C) counseling and treatment for sub16 stance abuse and other health and mental

17 health problems;

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

19 accountability-based, graduated series of sanctions

20 (including incentives and services) applicable to juve21 niles within the juvenile justice system to hold such

22 juveniles accountable for their actions and to protect

23 communities from the effects of juvenile delinquency

24 by providing appropriate sanctions for every act for

25 which a juvenile is adjudicated delinquent, by induc-
144

•HR 1501 EH

1 ing their law-abiding behavior, and by preventing

2 their subsequent involvement with the juvenile jus3 tice system;

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

5 ‘‘(A) murder or nonnegligent man6 slaughter, forcible rape, or robbery; or

7 ‘‘(B) aggravated assault committed with

8 the use of a firearm;

9 ‘‘(26) the term ‘co-located facilities’ means fa10 cilities that are located in the same building, or are

11 part of a related complex of buildings located on the

12 same grounds; and

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

14 means two or more buildings that share—

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

16 fences, or services beyond mechanical services

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

18 ‘‘(B) the specialized services that are al19 lowable under section 31.303(e)(3)(i)(C)(3) of

20 title 28 of the Code of Federal Regulations, as

21 in effect on December 10, 1996.’’.

22 SEC. 1305. NAME OF OFFICE.

23 Title II of the Juvenile Justice and Delinquency Pre24 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

25 amended—
145

•HR 1501 EH

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

2 as follows:

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

4 DELINQUENCY PREVENTION’’;

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

6 Delinquency Prevention’’ and inserting ‘‘Crime Con7 trol and Delinquency Prevention’’; and

8 (3) in subsections section 299A(c)(2) by strik9 ing ‘‘Justice and Delinquency Prevention’’ and in10 serting ‘‘Crime Control and Delinquency Preven11 tion’’.

12 SEC. 1306. CONCENTRATION OF FEDERAL EFFORT.

13 Section 204 of the Juvenile Justice and Delinquency

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

15 (1) in subsection (a)(1) by striking the last sen16 tence;

17 (2) in subsection (b)—

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

19 the prospective’’ and all that follows through

20 ‘‘administered’’;

21 (B) by striking paragraph (5); and

22 (C) by redesignating paragraphs (6) and

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

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

25 and all that follows through ‘‘this part’’, and insert-
146

•HR 1501 EH

1 ing ‘‘as may be appropriate to prevent the duplica2 tion of efforts, and to coordinate activities, related to

3 the prevention of juvenile delinquency’’;

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

5 (5) by redesignating subsection (h) as sub6 section (f).

7 SEC. 1307. COORDINATING COUNCIL ON JUVENILE JUSTICE

8 AND DELINQUENCY PREVENTION.

9 Section 206 of the Juvenile Justice and Delinquency

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

11 SEC. 1308. ANNUAL REPORT.

12 Section 207 of the Juvenile Justice and Delinquency

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

14 (1) in paragraph (2)—

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

16 and

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

18 the Council’’;

19 (2) by striking paragraphs (4) and (5), and in20 serting the following:

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

22 under this title and their effectiveness in reducing

23 the incidence of juvenile delinquency, particularly

24 violent crime, committed by juveniles.’’; and
147

•HR 1501 EH

1 (3) by redesignating such section as section

2 206.

3 SEC. 1309. ALLOCATION.

4 Section 222 of the Juvenile Justice and Delinquency

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

6 (1) in subsection (a)—

7 (A) in paragraph (2)—

8 (i) in subparagraph (A)—

9 (I) by striking ‘‘amount, up to

10 $400,000,’’ and inserting ‘‘amount up

11 to $400,000’’;

12 (II) by inserting a comma after

13 ‘‘1992’’ the first place it appears;

14 (III) by striking ‘‘the Trust Ter15 ritory of the Pacific Islands,’’; and

16 (IV) by striking ‘‘amount, up to

17 $100,000,’’ and inserting ‘‘amount up

18 to $100,000’’;

19 (ii) in subparagraph (B)—

20 (I) by striking ‘‘(other than part

21 D)’’;

22 (II) by striking ‘‘or such greater

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

24 follows through ‘‘section 299(a) (1)

25 and (3)’’;
148

•HR 1501 EH

1 (III) by striking ‘‘the Trust Ter2 ritory of the Pacific Islands,’’;

3 (IV) by striking ‘‘amount, up to

4 $100,000,’’ and inserting ‘‘amount up

5 to $100,000’’; and

6 (V) by inserting a comma after

7 ‘‘1992’’;

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

9 and inserting ‘‘allocate’’; and

10 (2) in subsection (b) by striking ‘‘the Trust

11 Territory of the Pacific Islands,’’.

12 SEC. 1310. STATE PLANS.

13 Section 223 of the Juvenile Justice and Delinquency

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

15 (1) in subsection (a)—

16 (A) in the second sentence by striking

17 ‘‘challenge’’ and all that follows through ‘‘part

18 E’’, and inserting ‘‘, projects, and activities’’;

19 (B) in paragraph (3)—

20 (i) by striking ‘‘, which—’’ and insert21 ing ‘‘that—’’;

22 (ii) in subparagraph (A)—

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

24 that follows through ‘‘33’’, and insert25 ing ‘‘the attorney general of the State
149

•HR 1501 EH

1 or such other State official who has

2 primary responsibility for overseeing

3 the enforcement of State criminal

4 laws, and’’;

5 (II) by inserting ‘‘, in consulta6 tion with the attorney general of the

7 State or such other State official who

8 has primary responsibility for over9 seeing the enforcement of State crimi10 nal laws’’ after ‘‘State’’;

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

12 the administration of juvenile justice’’

13 and inserting ‘‘, the administration of

14 juvenile justice, or the reduction of ju15 venile delinquency’’;

16 (IV) in clause (ii) by striking ‘‘in17 clude—’’ and all that follows through

18 the semicolon at the end of subclause

19 (VIII), and inserting the following:

20 ‘‘represent a multidisciplinary approach to

21 addressing juvenile delinquency and may

22 include—

23 ‘‘(I) individuals who represent

24 units of general local government, law

25 enforcement and juvenile justice agen-
150

•HR 1501 EH

1 cies, public agencies concerned with

2 the prevention and treatment of juve3 nile delinquency and with the adju4 dication of juveniles, representatives

5 of juveniles, or nonprofit private orga6 nizations, particularly such organiza7 tions that serve juveniles; and

8 ‘‘(II) such other individuals as

9 the chief executive officer considers to

10 be appropriate; and’’; and

11 (V) by striking clauses (iv) and

12 (v);

13 (iii) in subparagraph (C) by striking

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

15 (iv) in subparagraph (D)—

16 (I) in clause (i) by inserting

17 ‘‘and’’ at the end;

18 (II) in clause (ii) by striking

19 ‘‘paragraphs’’ and all that follows

20 through ‘‘part E’’, and inserting

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

22 and

23 (III) by striking clause (iii); and
151

•HR 1501 EH

1 (v) in subparagraph (E) by striking

2 ‘‘title—’’ and all that follows through

3 ‘‘(ii)’’ and inserting ‘‘title,’’;

4 (C) in paragraph (5)—

5 (i) in the matter preceding subpara6 graph (A) by striking ‘‘, other than’’ and

7 inserting ‘‘reduced by the percentage (if

8 any) specified by the State under the au9 thority of paragraph (25) and excluding’’

10 after ‘‘section 222’’; and

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

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

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

14 (13)’’;

15 (D) by striking paragraph (6);

16 (E) in paragraph (7) by inserting ‘‘, in17 cluding in rural areas’’ before the semicolon at

18 the end;

19 (F) in paragraph (8)—

20 (i) in subparagraph (A)—

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

22 that follows through ‘‘relevant juris23 diction’’, and inserting ‘‘for an anal24 ysis of juvenile delinquency problems

25 in, and the juvenile delinquency con-
152

•HR 1501 EH

1 trol and delinquency prevention needs

2 (including educational needs) of, the

3 State’’;

4 (II) by striking ‘‘justice’’ the sec5 ond place it appears and inserting

6 ‘‘crime control’’; and

7 (III) by striking ‘‘of the jurisdic8 tion; (ii)’’ and all that follows through

9 the semicolon at the end, and insert10 ing ‘‘of the State; and’’;

11 (ii) by amending subparagraph (B) to

12 read as follows:

13 ‘‘(B) contain—

14 ‘‘(i) a plan for providing needed gen15 der-specific services for the prevention and

16 treatment of juvenile delinquency;

17 ‘‘(ii) a plan for providing needed serv18 ices for the prevention and treatment of ju19 venile delinquency in rural areas; and

20 ‘‘(iii) a plan for providing needed

21 mental health services to juveniles in the

22 juvenile justice system, including informa23 tion on how such plan is being imple24 mented and how such services will be tar25 geted to those juveniles in the such system
153

•HR 1501 EH

1 who are in greatest need of such services

2 services;’’; and

3 (iii) by striking subparagraphs (C)

4 and (D);

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

6 follows:

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

8 utilization of existing juvenile delinquency programs,

9 programs operated by public and private agencies

10 and organizations, and other related programs (such

11 as education, special education, recreation, health,

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

13 (H) in paragraph (10)—

14 (i) in subparagraph (A)—

15 (I) by striking ‘‘, specifically’’

16 and inserting ‘‘including’’;

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

18 (III) redesignating clauses (ii)

19 and (iii) as clauses (i) and (ii), respec20 tively;

21 (ii) in subparagraph (C) by striking

22 ‘‘juvenile justice’’ and inserting ‘‘juvenile

23 crime control’’;

24 (iv) by amending subparagraph (D) to

25 read as follows:
154

•HR 1501 EH

1 ‘‘(D) programs that provide treatment to

2 juvenile offenders who are victims of child

3 abuse or neglect, and to their families, in order

4 to reduce the likelihood that such juvenile of5 fenders will commit subsequent violations of

6 law;’’;

7 (iv) in subparagraph (E)—

8 (I) by redesignating clause (ii) as

9 clause (iii); and

10 (II) by striking ‘‘juveniles, pro11 vided’’ and all that follows through

12 ‘‘provides; and’’, and inserting the fol13 lowing:

14 ‘‘juveniles—

15 ‘‘(i) to encourage juveniles to remain

16 in elementary and secondary schools or in

17 alternative learning situations;

18 ‘‘(ii) to provide services to assist juve19 niles in making the transition to the world

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

21 (v) by amending subparagraph (F) to

22 read as follows:

23 ‘‘(F) expanding the use of probation

24 officers—
155

•HR 1501 EH

1 ‘‘(i) particularly for the purpose of permit2 ting nonviolent juvenile offenders (including

3 status offenders) to remain at home with their

4 families as an alternative to incarceration or in5 stitutionalization; and

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

7 terms of their probation;’’;

8 (vi) by amending subparagraph (G) to

9 read as follows:

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

11 are designed to link at-risk juveniles and juve12 nile offenders, particularly juveniles residing in

13 high-crime areas and juveniles experiencing

14 educational failure, with responsible adults

15 (such as law enforcement officers, adults work16 ing with local businesses, and adults working

17 with community-based organizations and agen18 cies) who are properly screened and trained;’’;

19 (vii) in subparagraph (H) by striking

20 ‘‘handicapped youth’’ and inserting ‘‘juve21 niles with disabilities’’;

22 (viii) by amending subparagraph (K)

23 to read as follows:

24 ‘‘(K) boot camps for juvenile offenders;’’;
156

•HR 1501 EH

1 (ix) by amending subparagraph (L) to

2 read as follows:

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

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

7 such juveniles may be retained in their homes;’’;

8 (x) by amending subparagraph (N) to

9 read as follows:

10 ‘‘(N) establishing policies and systems to

11 incorporate relevant child protective services

12 records into juvenile justice records for pur13 poses of establishing treatment plans for juve14 nile offenders;’’;

15 (xi) in subparagraph (O)—

16 (I) in striking ‘‘cultural’’ and in17 serting ‘‘other’’; and

18 (II) by striking the period at the

19 end and inserting a semicolon; and

20 (xii) by adding at the end the fol21 lowing:

22 ‘‘(P) programs designed to prevent and to

23 reduce hate crimes committed by juveniles; and

24 ‘‘(Q) after-school programs that provide

25 at-risk juveniles and juveniles in the juvenile
157

•HR 1501 EH

1 justice system with a range of age-appropriate

2 activities, including tutoring, mentoring, and

3 other educational and enrichment activities.’’;

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

5 follows:

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

7 the Administrator, provide that—

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

9 who have committed an offense that would not

10 be criminal if committed by an adult,

11 excluding—

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

13 who have committed a violation of section

14 922(x)(2) of title 18, United States Code,

15 or of a similar State law;

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

17 who have committed a violation of a valid

18 court order; and

19 ‘‘(iii) juveniles who are held in accord20 ance with the Interstate Compact on Juve21 niles as enacted by the State,

22 shall not be placed in secure detention facilities

23 or secure correctional facilities; and

24 ‘‘(B) juveniles—
158

•HR 1501 EH

1 ‘‘(i) who are not charged with any of2 fense; and

3 ‘‘(ii) who are—

4 ‘‘(I) aliens; or

5 ‘‘(II) alleged to be dependent, ne6 glected, or abused,

7 shall not be placed in secure detention facilities

8 or secure correctional facilities;’’;

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

10 follows:

11 ‘‘(13) provide that—

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

13 delinquent, and juveniles within the purview of

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

15 in any institution in which they have regular

16 contact, or unsupervised incidental contact,

17 with adults incarcerated because such adults

18 have been convicted of a crime or are awaiting

19 trial on criminal charges; and

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

21 that requires individuals who work with both

22 such juveniles and such adults in co-located fa23 cilities have been trained and certified to work

24 with juveniles;’’;
159

•HR 1501 EH

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

2 as follows:

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

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

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

7 jail or lockup for a period not to exceed 6

8 hours—

9 ‘‘(i) for processing or release;

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

12 ‘‘(iii) in which period such juveniles

13 make a court appearance;

14 ‘‘(B) juveniles who are accused of non15 status offenses, who are awaiting an initial

16 court appearance that will occur within 48

17 hours after being taken into custody (excluding

18 Saturdays, Sundays, and legal holidays), and

19 who are detained in a jail or lockup—

20 ‘‘(i) in which—

21 ‘‘(I) such juveniles do not have

22 regular contact, or unsupervised inci23 dental contact, with adults incarcer24 ated because such adults have been
160

•HR 1501 EH

1 convicted of a crime or are awaiting

2 trial on criminal charges; and

3 ‘‘(II) there is in effect in the

4 State a policy that requires individ5 uals who work with both such juve6 niles and such adults in co-located fa7 cilities have been trained and certified

8 to work with juveniles; and

9 ‘‘(ii) that—

10 ‘‘(I) is located outside a metro11 politan statistical area (as defined by

12 the Office of Management and Budg13 et) and has no existing acceptable al14 ternative placement available;

15 ‘‘(II) is located where conditions

16 of distance to be traveled or the lack

17 of highway, road, or transportation do

18 not allow for court appearances within

19 48 hours (excluding Saturdays, Sun20 days, and legal holidays) so that a

21 brief (not to exceed an additional 48

22 hours) delay is excusable; or

23 ‘‘(III) is located where conditions

24 of safety exist (such as severe adverse,

25 life-threatening weather conditions
161

•HR 1501 EH

1 that do not allow for reasonably safe

2 travel), in which case the time for an

3 appearance may be delayed until 24

4 hours after the time that such condi5 tions allow for reasonable safe travel;

6 ‘‘(C) juveniles who are accused of non7 status offenses and who are detained in a jail

8 or lockup that satisfies the requirements of sub9 paragraph (B)(i) if—

10 ‘‘(i) such jail or lockup—

11 ‘‘(I) is located outside a metro12 politan statistical area (as defined by

13 the Office of Management and Budg14 et); and

15 ‘‘(II) has no existing acceptable

16 alternative placement available;

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

18 (or guardian ad litem) of the juvenile in19 volved, in consultation with the counsel

20 representing the juvenile, consents to de21 taining such juvenile in accordance with

22 this subparagraph and has the right to re23 voke such consent at any time;

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

25 counsel representing such juvenile—
162

•HR 1501 EH

1 ‘‘(I) consults with the parents of

2 the juvenile to determine the appro3 priate placement of the juvenile; and

4 ‘‘(II) has an opportunity to

5 present the juvenile’s position regard6 ing the detention involved to the court

7 before the court approves such deten8 tion;

9 ‘‘(iv) the court has an opportunity to

10 hear from the juvenile before court ap11 proval of such placement; and

12 ‘‘(v) detaining such juvenile in accord13 ance with this subparagraph is—

14 ‘‘(I) approved in advance by a

15 court with competent jurisdiction that

16 has determined that such placement is

17 in the best interest of such juvenile;

18 ‘‘(II) required to be reviewed pe19 riodically and in the presence of the

20 juvenile, at intervals of not more than

21 5 days (excluding Saturdays, Sun22 days, and legal holidays), by such

23 court for the duration of detention;

24 and
163

•HR 1501 EH

1 ‘‘(III) for a period preceding the

2 sentencing (if any) of such juvenile,

3 but not to exceed a 20-day period;’’;

4 (L) in paragraph (15)—

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

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

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

8 (13)’’; and

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

10 and paragraph (13)’’ and inserting ‘‘para11 graphs (11) and (12)’’;

12 (M) in paragraph (16) by striking ‘‘men13 tally, emotionally, or physically handicapping

14 conditions’’ and inserting ‘‘disability’’;

15 (N) by amending paragraph (19) to read

16 as follows:

17 ‘‘(19) provide assurances that—

18 ‘‘(A) any assistance provided under this

19 Act will not cause the displacement (including

20 a partial displacement, such as a reduction in

21 the hours of nonovertime work, wages, or em22 ployment benefits) of any currently employed

23 employee;

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

25 not impair an existing collective bargaining re-
164

•HR 1501 EH

1 lationship, contract for services, or collective

2 bargaining agreement; and

3 ‘‘(C) no such activity that would be incon4 sistent with the terms of a collective bargaining

5 agreement shall be undertaken without the

6 written concurrence of the labor organization

7 involved;’’;

8 (O) in paragraph (22) by inserting before

9 the semicolon, the following:

10 ‘‘; and that the State will not expend funds to carry

11 out a program referred to in subparagraph (A), (B),

12 or (C) of paragraph (5) if the recipient of funds who

13 carried out such program during the preceding 2-

14 year period fails to demonstrate, before the expira15 tion of such 2-year period, that such program

16 achieved substantial success in achieving the goals

17 specified in the application submitted such recipient

18 to the State agency’’;

19 (P) by amending paragraph (23) to read

20 as follows:

21 ‘‘(23) address juvenile delinquency prevention

22 efforts and system improvement efforts designed to

23 reduce, without establishing or requiring numerical

24 standards or quotas, the disproportionate number of
165

•HR 1501 EH

1 juvenile members of minority groups, who come into

2 contact with the juvenile justice system;’’;

3 (Q) by amending paragraph (24) to read

4 as follows:

5 ‘‘(24) provide that if a juvenile is taken into

6 custody for violating a valid court order issued for

7 committing a status offense—

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

9 promptly notified that such juvenile is held in

10 custody for violating such order;

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

12 such juvenile is so held, an authorized rep13 resentative of such agency shall interview, in

14 person, such juvenile; and

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

16 such juvenile is so held—

17 ‘‘(i) such representative shall submit

18 an assessment to the court that issued

19 such order, regarding the immediate needs

20 of such juvenile; and

21 ‘‘(ii) such court shall conduct a hear22 ing to determine—

23 ‘‘(I) whether there is reasonable

24 cause to believe that such juvenile vio25 lated such order; and
166

•HR 1501 EH

1 ‘‘(II) the appropriate placement

2 of such juvenile pending disposition of

3 the violation alleged;’’;

4 (R) in paragraph (25) by striking the pe5 riod at the end and inserting a semicolon;

6 (S) by redesignating paragraphs (7)

7 through (25) as paragraphs (6) through (24),

8 respectively; and

9 (T) by adding at the end the following:

10 ‘‘(25) specify a percentage (if any), not to ex11 ceed 5 percent, of funds received by the State under

12 section 222 (other than funds made available to the

13 state advisory group under section 222(d)) that the

14 State will reserve for expenditure by the State to

15 provide incentive grants to units of general local gov16 ernment that reduce the caseload of probation offi17 cers within such units; and

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

19 extent practicable, will implement a system to ensure

20 that if a juvenile is before a court in the juvenile jus21 tice system, public child welfare records (including

22 child protective services records) relating to such ju23 venile that are on file in the geographical area under

24 the jurisdiction of such court will be made known to

25 such court.’’; and
167

•HR 1501 EH

1 (2) by amending subsection (c) to read as fol2 lows:

3 ‘‘(c) If a State fails to comply with any of the applica4 ble requirements of paragraphs (11), (12), (13), and (23)

5 of subsection (a) in any fiscal year beginning after Sep6 tember 30, 1999, then the amount allocated to such State

7 for the subsequent fiscal year shall be reduced by not to

8 exceed 12.5 percent for each such paragraph with respect

9 to which the failure occurs, unless the Administrator de10 termines that the State—

11 ‘‘(1) has achieved substantial compliance with

12 such applicable requirements with respect to which

13 the State was not in compliance; and

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

15 or legislative action, an unequivocal commitment to

16 achieving full compliance with such applicable re17 quirements within a reasonable time.’’; and

18 (3) in subsection (d)—

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

20 ‘‘allocation’’; and

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

22 (13), (14) and (23)’’ each place it appears and

23 inserting ‘‘paragraphs (11), (12), (13), and

24 (23) of subsection (a)’’.
168

•HR 1501 EH

1 SEC. 1311. JUVENILE DELINQUENCY PREVENTION BLOCK

2 GRANT PROGRAM.

3 Title II of the Juvenile Justice and Delinquency Pre4 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

5 amended—

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

7 (2) by striking the first part I;

8 (3) by redesignating the second part I as part

9 F; and

10 (4) by inserting after part B the following:

11 ‘‘PART C—JUVENILE DELINQUENCY PREVENTION

12 BLOCK GRANT PROGRAM

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

14 ‘‘The Administrator may make grants to eligible

15 States, from funds allocated under section 242, for the

16 purpose of providing financial assistance to eligible entities

17 to carry out projects designed to prevent juvenile delin18 quency, including—

19 ‘‘(1) projects that provide treatment (including

20 treatment for mental health problems) to juvenile of21 fenders, and juveniles who are at risk of becoming

22 juvenile offenders, who are victims of child abuse or

23 neglect or who have experienced violence in their

24 homes, at school, or in the community, and to their

25 families, in order to reduce the likelihood that such

26 juveniles will commit violations of law;
169

•HR 1501 EH

1 ‘‘(2) educational projects or supportive services

2 for delinquent or other juveniles—

3 ‘‘(A) to encourage juveniles to remain in

4 elementary and secondary schools or in alter5 native learning situations in educational set6 tings;

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

8 in making the transition to the world of work

9 and self-sufficiency;

10 ‘‘(C) to assist in identifying learning dif11 ficulties (including learning disabilities);

12 ‘‘(D) to prevent unwarranted and arbitrary

13 suspensions and expulsions;

14 ‘‘(E) to encourage new approaches and

15 techniques with respect to the prevention of

16 school violence and vandalism;

17 ‘‘(F) which assist law enforcement per18 sonnel and juvenile justice personnel to more ef19 fectively recognize and provide for learning-dis20 abled and other juveniles with disabilities;

21 ‘‘(G) which develop locally coordinated

22 policies and programs among education, juve23 nile justice, and social service agencies; or
170

•HR 1501 EH

1 ‘‘(H) to provide services to juvenile with

2 serious mental and emotional disturbances

3 (SED) in need of mental health services;

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

5 officers—

6 ‘‘(A) particularly for the purpose of per7 mitting nonviolent juvenile offenders (including

8 status offenders) to remain at home with their

9 families as an alternative to incarceration or in10 stitutionalization; and

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

12 terms of their probation;

13 ‘‘(4) one-on-one mentoring projects that are de14 signed to link at-risk juveniles and juvenile offenders

15 who did not commit serious crime, particularly juve16 niles residing in high-crime areas and juveniles expe17 riencing educational failure, with responsible adults

18 (such as law enforcement officers, adults working

19 with local businesses, and adults working for com20 munity-based organizations and agencies) who are

21 properly screened and trained;

22 ‘‘(5) community-based projects and services (in23 cluding literacy and social service programs) which

24 work with juvenile offenders and juveniles who are

25 at risk of becoming juvenile offenders, including
171

•HR 1501 EH

1 those from families with limited English-speaking

2 proficiency, their parents, their siblings, and other

3 family members during and after incarceration of

4 the juvenile offenders, in order to strengthen fami5 lies, to allow juvenile offenders to be retained in

6 their homes, and to prevent the involvement of other

7 juvenile family members in delinquent activities;

8 ‘‘(6) projects designed to provide for the treat9 ment (including mental health services) of juveniles

10 for dependence on or abuse of alcohol, drugs, or

11 other harmful substances;

12 ‘‘(7) projects which leverage funds to provide

13 scholarships for postsecondary education and train14 ing for low-income juveniles who reside in neighbor15 hoods with high rates of poverty, violence, and drug16 related crimes;

17 ‘‘(8) projects which provide for an initial intake

18 screening of each juvenile taken into custody—

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

20 juvenile will commit a subsequent offense; and

21 ‘‘(B) to provide appropriate interventions

22 (including mental health services) to prevent

23 such juvenile from committing subsequent of24 fenses;
172

•HR 1501 EH

1 ‘‘(9) projects (including school- or community2 based projects) that are designed to prevent, and re3 duce the rate of, the participation of juveniles in

4 gangs that commit crimes (particularly violent

5 crimes), that unlawfully use firearms and other

6 weapons, or that unlawfully traffic in drugs and that

7 involve, to the extent practicable, families and other

8 community members (including law enforcement per9 sonnel and members of the business community) in

10 the activities conducted under such projects;

11 ‘‘(10) comprehensive juvenile justice and delin12 quency prevention projects that meet the needs of

13 juveniles through the collaboration of the many local

14 service systems juveniles encounter, including

15 schools, courts, law enforcement agencies, child pro16 tection agencies, mental health agencies, welfare

17 services, health care agencies, private nonprofit

18 agencies, and public recreation agencies offering

19 services to juveniles;

20 ‘‘(11) to develop, implement, and support, in

21 conjunction with public and private agencies, organi22 zations, and businesses, projects for the employment

23 of juveniles and referral to job training programs

24 (including referral to Federal job training pro25 grams);
173

•HR 1501 EH

1 ‘‘(12) delinquency prevention activities which

2 involve youth clubs, sports, recreation and parks,

3 peer counseling and teaching, the arts, leadership

4 development, community service, volunteer service,

5 before- and after-school programs, violence preven6 tion activities, mediation skills training, camping,

7 environmental education, ethnic or cultural enrich8 ment, tutoring, and academic enrichment;

9 ‘‘(13) to establish policies and systems to incor10 porate relevant child protective services records into

11 juvenile justice records for purposes of establishing

12 treatment plans for juvenile offenders;

13 ‘‘(14) programs that encourage social com14 petencies, problem-solving skills, and communication

15 skills, youth leadership, and civic involvement;

16 ‘‘(15) programs that focus on the needs of

17 young girls at-risk of delinquency or status offenses;

18 ‘‘(16) projects which provide for—

19 ‘‘(A) an assessment by a qualified mental

20 health professional of incarcerated juveniles

21 who are suspected to be in need of mental

22 health services;

23 ‘‘(B) the development of an individualized

24 treatment plan for those incarcerated juveniles

25 determined to be in need of such services;
174

•HR 1501 EH

1 ‘‘(C) the inclusion of a discharge plan for

2 incarcerated juveniles receiving mental health

3 services that addresses aftercare services; and

4 ‘‘(D) all juveniles receiving psychotropic

5 medications to be under the care of a licensed

6 mental health professional;

7 ‘‘(17) after-school programs that provide at-risk

8 juveniles and juveniles in the juvenile justice system

9 with a range of age-appropriate activities, including

10 tutoring, mentoring, and other educational and en11 richment activities;

12 ‘‘(18) programs related to the establishment

13 and maintenance of a school violence hotline, based

14 on a public-private partnership, that students and

15 parents can use to report suspicious, violent, or

16 threatening behavior to local school and law enforce17 ment authorities;

18 ‘‘(19) programs (excluding programs to pur19 chase guns from juveniles) designed to reduce the

20 unlawful acquisition and illegal use of guns by juve21 niles, including partnerships between law enforce22 ment agencies, health professionals, school officials,

23 firearms manufacturers, consumer groups, faith24 based groups and community organizations; and
175

•HR 1501 EH

1 ‘‘(20) other activities that are likely to prevent

2 juvenile delinquency.

3 ‘‘SEC. 242. ALLOCATION.

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

5 allocated among eligible States proportionately based on

6 the population that is less than 18 years of age in the

7 eligible States.

8 ‘‘SEC. 243. ELIGIBILITY OF STATES.

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

10 under section 241, a State shall submit to the Adminis11 trator an application that contains the following:

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

13 ‘‘(A) not more than 5 percent of such

14 grant, in the aggregate, for—

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

16 carry out this part; and

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

18 assistance relating to, projects and activi19 ties carried out with funds provided under

20 this part; and

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

22 grants under section 244.

23 ‘‘(2) An assurance that, and a detailed descrip24 tion of how, such grant will support, and not sup-
176

•HR 1501 EH

1 plant State and local efforts to prevent juvenile de2 linquency.

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

4 prepared after consultation with and participation by

5 community-based organizations, and organizations in

6 the local juvenile justice system, that carry out pro7 grams, projects, or activities to prevent juvenile de8 linquency.

9 ‘‘(4) An assurance that each eligible entity de10 scribed in section 244 that receives an initial grant

11 under section 244 to carry out a project or activity

12 shall also receive an assurance from the State that

13 such entity will receive from the State, for the subse14 quent fiscal year to carry out such project or activ15 ity, a grant under such section in an amount that

16 is proportional, based on such initial grant and on

17 the amount of the grant received under section 241

18 by the State for such subsequent fiscal year, but

19 that does not exceed the amount specified for such

20 subsequent fiscal year in such application as ap21 proved by the State.

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

23 the Administrator may reasonably require by rule.

24 ‘‘(b) APPROVAL OF APPLICATIONS.—
177

•HR 1501 EH

1 ‘‘(1) APPROVAL REQUIRED.—Subject to para2 graph (2), the Administrator shall approve an appli3 cation, and amendments to such application sub4 mitted in subsequent fiscal years, that satisfy the re5 quirements of subsection (a).

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

7 approve such application (including amendments to

8 such application) for a fiscal year unless—

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

10 section 223 for such fiscal year; and

11 ‘‘(ii) such plan is approved by the Adminis12 trator for such fiscal year; or

13 ‘‘(B) the Administrator waives the applica14 tion of subparagraph (A) to such State for such

15 fiscal year, after finding good cause for such a

16 waiver.

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

18 ‘‘(a) GRANTS BY STATES.—Using a grant received

19 under section 241, a State may make grants to eligible

20 entities whose applications are received by the State to

21 carry out projects and activities described in section 241.

22 ‘‘(b) SPECIAL CONSIDERATION.—For purposes of

23 making grants under subsection (a), the State shall give

24 special consideration to eligible entities that—
178

•HR 1501 EH

1 ‘‘(1) propose to carry out such projects in geo2 graphical areas in which there is—

3 ‘‘(A) a disproportionately high level of seri4 ous crime committed by juveniles; or

5 ‘‘(B) a recent rapid increase in the number

6 of nonstatus offenses committed by juveniles;

7 ‘‘(2)(A) agreed to carry out such projects or ac8 tivities that are multidisciplinary and involve more

9 than two private nonprofit agencies, organizations,

10 and institutions that have experience dealing with

11 juveniles; or

12 ‘‘(B) represent communities that have a com13 prehensive plan designed to identify at-risk juveniles

14 and to prevent or reduce the rate of juvenile delin15 quency, and that involve other entities operated by

16 individuals who have a demonstrated history of in17 volvement in activities designed to prevent juvenile

18 delinquency; and

19 ‘‘(3) the amount of resources (in cash or in

20 kind) such entities will provide to carry out such

21 projects and activities.

22 ‘‘SEC. 245. ELIGIBILITY OF ENTITIES.

23 ‘‘(a) ELIGIBILITY.—Except as provided in subsection

24 (b), to be eligible to receive a grant under section 244,

25 a unit of general purpose local government, acting jointly
179

•HR 1501 EH

1 with not fewer than two private nonprofit agencies, organi2 zations, and institutions that have experience dealing with

3 juveniles, shall submit to the State an application that

4 contains the following:

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

6 such grant, and each such grant received for the

7 subsequent fiscal year, to carry out throughout a 2-

8 year period a project or activity described in reason9 able detail, and of a kind described in one or more

10 of paragraphs (1) through (14) of section 241 as

11 specified in, such application.

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

13 project or activity is designed to achieve, and the

14 methods such entity will use to achieve, and assess

15 the achievement of, each of such goals.

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

17 any) such entity relied on in preparing such applica18 tion.

19 ‘‘(b) LIMITATION.—If an eligible entity that receives

20 a grant under section 244 to carry out a project or activity

21 for a 2-year period, and receives technical assistance from

22 the State or the Administrator after requesting such tech23 nical assistance (if any), fails to demonstrate, before the

24 expiration of such 2-year period, that such project or such

25 activity has achieved substantial success in achieving the
180

•HR 1501 EH

1 goals specified in the application submitted by such entity

2 to receive such grants, then such entity shall not be eligi3 ble to receive any subsequent grant under such section to

4 continue to carry out such project or activity.’’.

5 SEC. 1312. RESEARCH; EVALUATION; TECHNICAL ASSIST6 ANCE; TRAINING.

7 Title II of the Juvenile Justice and Delinquency Pre8 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

9 by inserting after part C, as added by section 1311, the

10 following:

11 ‘‘PART D—RESEARCH; EVALUATION; TECHNICAL

12 ASSISTANCE; TRAINING

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

14 ANALYSES; INFORMATION DISSEMINATION.

15 ‘‘(a) RESEARCH AND EVALUATION.—(1) The Admin16 istrator may—

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

18 the Director of the National Institute of Justice, the

19 purposes and goals of all agreements carried out

20 with funds provided under this subsection; and

21 ‘‘(B) make agreements with the National Insti22 tute of Justice or, subject to the approval of the As23 sistant Attorney General for the Office of Justice

24 Programs, with another Federal agency authorized

25 by law to conduct research or evaluation in juvenile
181

•HR 1501 EH

1 justice matters, for the purpose of providing re2 search and evaluation relating to—

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

4 of juvenile delinquency and serious crime com5 mitted by juveniles;

6 ‘‘(ii) the link between juvenile delinquency

7 and the incarceration of members of the fami8 lies of juveniles;

9 ‘‘(iii) successful efforts to prevent first10 time minor offenders from committing subse11 quent involvement in serious crime;

12 ‘‘(iv) successful efforts to prevent recidi13 vism;

14 ‘‘(v) the juvenile justice system;

15 ‘‘(vi) juvenile violence;

16 ‘‘(vii) appropriate mental health services

17 for juveniles and youth at risk of participating

18 in delinquent activities;

19 ‘‘(viii) reducing the proportion of juveniles

20 detained or confined in secure detention facili21 ties, secure correctional facilities, jails, and

22 lockups who are members of minority groups;

23 and

24 ‘‘(ix) other purposes consistent with the

25 purposes of this title and title I.
182

•HR 1501 EH

1 ‘‘(2) The Administrator shall ensure that an equi2 table amount of funds available to carry out paragraph

3 (1)(B) is used for research and evaluation relating to the

4 prevention of juvenile delinquency.

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

6 may—

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

8 the Director of the Bureau of Justice Statistics, the

9 purposes and goals of all agreements carried out

10 with funds provided under this subsection; and

11 ‘‘(2) make agreements with the Bureau of Jus12 tice Statistics, or subject to the approval of the As13 sistant Attorney General for the Office of Justice

14 Programs, with another Federal agency authorized

15 by law to undertake statistical work in juvenile jus16 tice matters, for the purpose of providing for the col17 lection, analysis, and dissemination of statistical

18 data and information relating to juvenile delinquency

19 and serious crimes committed by juveniles, to the ju20 venile justice system, to juvenile violence, and to

21 other purposes consist with the purposes of this title

22 and title I.

23 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad24 ministrator shall use a competitive process, established by
183

•HR 1501 EH

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

2 (b).

3 ‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Fed4 eral agency that makes an agreement under subsections

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

6 such agreement directly or by making grants to or con7 tracts with public and private agencies, institutions, and

8 organizations.

9 ‘‘(e) INFORMATION DISSEMINATION.—The Adminis10 trator may—

11 ‘‘(1) review reports and data relating to the ju12 venile justice system in the United States and in for13 eign nations (as appropriate), collect data and infor14 mation from studies and research into all aspects of

15 juvenile delinquency (including the causes, preven16 tion, and treatment of juvenile delinquency) and se17 rious crimes committed by juveniles;

18 ‘‘(2) establish and operate, directly or by con19 tract, a clearinghouse and information center for the

20 preparation, publication, and dissemination of infor21 mation relating to juvenile delinquency, including

22 State and local prevention and treatment programs,

23 plans, resources, and training and technical assist24 ance programs; and
184

•HR 1501 EH

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

2 private agencies, institutions, and organizations, for

3 the purpose of disseminating information to rep4 resentatives and personnel of public and private

5 agencies, including practitioners in juvenile justice,

6 law enforcement, the courts, corrections, schools,

7 and related services, in the establishment, implemen8 tation, and operation of projects and activities for

9 which financial assistance is provided under this

10 title.

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

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

13 ‘‘(1) develop and carry out projects for the pur14 pose of training representatives and personnel of

15 public and private agencies, including practitioners

16 in juvenile justice, law enforcement, courts, correc17 tions, schools, and related services, to carry out the

18 purposes specified in section 102; and

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

20 and private agencies, institutions, and organizations

21 for the purpose of training representatives and per22 sonnel of public and private agencies, including prac23 titioners in juvenile justice, law enforcement, courts,

24 corrections, schools, and related services, to carry

25 out the purposes specified in section 102.
185

•HR 1501 EH

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

2 may—

3 ‘‘(1) develop and implement projects for the

4 purpose of providing technical assistance to rep5 resentatives and personnel of public and private

6 agencies and organizations, including practitioners

7 in juvenile justice, law enforcement, courts, correc8 tions, schools, and related services, in the establish9 ment, implementation, and operation of programs,

10 projects, and activities for which financial assistance

11 is provided under this title; and

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

13 and private agencies, institutions, and organizations,

14 for the purpose of providing technical assistance to

15 representatives and personnel of public and private

16 agencies, including practitioners in juvenile justice,

17 law enforcement, courts, corrections, schools, and re18 lated services, in the establishment, implementation,

19 and operation of programs, projects, and activities

20 for which financial assistance is provided under this

21 title.

22 ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE TO

23 MENTAL HEALTH PROFESSIONALS AND LAW ENFORCE24 MENT PERSONNEL.—The Administrator shall provide

25 training and technical assistance to mental health profes-
186

•HR 1501 EH

1 sionals and law enforcement personnel (including public

2 defenders, police officers, probation officers, judges, parole

3 officials, and correctional officers) to address or to pro4 mote the development, testing, or demonstration of prom5 ising or innovative models, programs, or delivery systems

6 that address the needs of juveniles who are alleged or ad7 judicated delinquent and who, as a result of such status,

8 are placed in secure detention or confinement or in non9 secure residential placements.’’.

10 SEC. 1313. DEMONSTRATION PROJECTS.

11 Title II of the Juvenile Justice and Delinquency Pre12 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

13 by inserting after part D, as added by section 1312, the

14 following:

15 ‘‘PART E—DEVELOPING, TESTING, AND DEM16 ONSTRATING PROMISING NEW INITIATIVES

17 AND PROGRAMS

18 ‘‘SEC. 261. GRANTS AND PROJECTS.

19 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis20 trator may make grants to and contracts with States,

21 units of general local government, Indian tribal govern22 ments, public and private agencies, organizations, and in23 dividuals, or combinations thereof, to carry out projects

24 for the development, testing, and demonstration of prom25 ising initiatives and programs for the prevention, control,
187

•HR 1501 EH

1 or reduction of juvenile delinquency. The Administrator

2 shall ensure that, to the extent reasonable and practicable,

3 such grants are made to achieve an equitable geographical

4 distribution of such projects throughout the United

5 States.

6 ‘‘(b) USE OF GRANTS.—A grant made under sub7 section (a) may be used to pay all or part of the cost of

8 the project for which such grant is made.

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

10 ‘‘The Administrator may make grants to and con11 tracts with public and private agencies, organizations, and

12 individuals to provide technical assistance to States, units

13 of general local government, Indian tribal governments,

14 local private entities or agencies, or any combination

15 thereof, to carry out the projects for which grants are

16 made under section 261.

17 ‘‘SEC. 263. ELIGIBILITY.

18 ‘‘To be eligible to receive a grant made under this

19 part, a public or private agency, Indian tribal government,

20 organization, institution, individual, or combination there21 of shall submit an application to the Administrator at such

22 time, in such form, and containing such information as

23 the Administrator may reasonable require by rule.
188

•HR 1501 EH

1 ‘‘SEC. 264. REPORTS.

2 ‘‘Recipients of grants made under this part shall sub3 mit to the Administrator such reports as may be reason4 ably requested by the Administrator to describe progress

5 achieved in carrying the projects for which such grants

6 are made.’’.

7 SEC. 1314. AUTHORIZATION OF APPROPRIATIONS.

8 Section 299 of the Juvenile Justice and Delinquency

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

10 (1) by striking subsection (e); and

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

12 inserting the following:

13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR

14 TITLE II (EXCLUDING PARTS C AND E).—(1) There are

15 authorized to be appropriated to carry out this title such

16 sums as may be appropriate for fiscal years 2000, 2001,

17 2002, and 2003.

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

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

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

21 to carry out part A;

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

23 to carry out part B; and

24 ‘‘(C) not more than 15 percent shall be avail25 able to carry out part D.
189

•HR 1501 EH

1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR

2 PART C.—There are authorized to be appropriated to

3 carry out part C such sums as may be necessary for fiscal

4 years 2000, 2001, 2002, and 2003.

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

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

7 part E, and authorized to remain available until expended,

8 such sums as may be necessary for fiscal years 2000,

9 2001, 2002, and 2003.’’.

10 SEC. 1315. ADMINISTRATIVE AUTHORITY.

11 Section 299A of the Juvenile Justice and Delin12 quency Prevention Act of 1974 (42 U.S.C. 5672) is

13 amended—

14 (1) in subsection (d) by striking ‘‘as are con15 sistent with the purpose of this Act’’ and inserting

16 ‘‘only to the extent necessary to ensure that there is

17 compliance with the specific requirements of this

18 title or to respond to requests for clarification and

19 guidance relating to such compliance’’; and

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

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

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

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

24 in such State such State shall be rebuttably presumed to

25 satisfy such requirements.’’.
190

•HR 1501 EH

1 SEC. 1316. USE OF FUNDS.

2 Section 299C of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5674) is

4 amended—

5 (1) in subsection (a)—

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

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

8 used for’’ after ‘‘(1)’’; and

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

10 follows:

11 ‘‘(2) may not be used for the cost of construc12 tion of any facility, except not more than 15 percent

13 of the funds received under this title by a State for

14 a fiscal year may be used for the purpose of ren15 ovating or replacing juvenile facilities.’’;

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

17 (3) by redesignating subsection (c) as sub18 section (b).

19 SEC. 1317. LIMITATION ON USE OF FUNDS.

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

22 as so redesignated by section 1311, is amended by adding

23 at the end the following:

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

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

26 title may be used to advocate for, or support, the unse-
191

•HR 1501 EH

1 cured release of juveniles who are charged with a violent

2 crime.’’.

3 SEC. 1318. RULES OF CONSTRUCTION.

4 Part F of title II of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

6 as so redesignated by section 1311 and amended by sec7 tion 1317, is amended adding at the end the following:

8 ‘‘SEC. 299G. RULES OF CONSTRUCTION.

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

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

11 awarded through grants under this title to any oth12 erwise eligible organization; or

13 ‘‘(2) to modify or affect any Federal or State

14 law relating to collective bargaining rights of em15 ployees.’’.

16 SEC. 1319. LEASING SURPLUS FEDERAL PROPERTY.

17 Part F of title II of the Juvenile Justice and Delin18 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

19 as so redesignated by section 1311 and amended by sec20 tions 1317 and 1318, is amended adding at the end the

21 following:

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

23 ‘‘The Administrator may receive surplus Federal

24 property (including facilities) and may lease such property

25 to States and units of general local government for use
192

•HR 1501 EH

1 in or as facilities for juvenile offenders, or for use in or

2 as facilities for delinquency prevention and treatment ac3 tivities.’’.

4 SEC. 1320. ISSUANCE OF RULES.

5 Part F of title II or the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

7 as so redesignated by section 1311 and amended by sec8 tions 1317, 1318, and 1319, is amended adding at the

9 end the following:

10 ‘‘SEC. 299I. ISSUANCE OF RULES.

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

12 title, including rules that establish procedures and meth13 ods for making grants and contracts, and distributing

14 funds available, to carry out this title.’’.

15 SEC. 1321. CONTENT OF MATERIALS.

16 Part F of title II of the Juvenile Justice and Delin17 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

18 as so redesignated by section 1311 and amended by sec19 tions 1317, 1318, 1319, and 1320, is amended by adding

20 at the end the following:

21 ‘‘SEC. 299J. CONTENT OF MATERIALS.

22 ‘‘Materials produced, procured, or distributed using

23 funds appropriated to carry out this Act, for the purpose

24 of preventing hate crimes should be respectful of the diver25 sity of deeply held religious beliefs and shall make it clear
193

•HR 1501 EH

1 that for most people religious faith is not associated with

2 prejudice and intolerance.’’.

3 SEC. 1322. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) TECHNICAL AMENDMENTS.—The Juvenile Jus5 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

6 5601 et seq.) is amended—

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

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

9 and inserting ‘‘payable under section 5376’’;

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

11 sentence;

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

17 of title 5, United States Code is amended by striking ‘‘Of18 fice of Juvenile Justice and Delinquency Prevention’’ and

19 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

23 and Delinquency Prevention’’ and inserting ‘‘Office of Ju24 venile Crime Control and Delinquency Prevention’’.
194

•HR 1501 EH

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

2 39 of the United States Code is amended by striking ‘‘Of3 fice of Juvenile Justice and Delinquency Prevention’’ each

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

5 Control 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 ‘‘Of9 fice of Juvenile Crime Control and Delinquency Preven10 tion’’.

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

12 the Omnibus Crime Control and Safe Streets Act of 1968

13 (42 U.S.C. 3712(a), 3782, 3785, 3786, 3789i) are amend14 ed by striking ‘‘Office of Juvenile Justice and Delinquency

15 Prevention’’ each place it appears and inserting ‘‘Office

16 of Juvenile Crime Control and Delinquency Prevention’’.

17 (6) The Victims of Child Abuse Act of 1990 (42

18 U.S.C. 13001 et seq.) is amended—

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

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

21 ‘‘299B and 299E’’;

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

23 293, and 296 of subpart II of title II’’ and inserting

24 ‘‘299B and 299E’’;
195

•HR 1501 EH

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

2 of Juvenile Justice and Delinquency Prevention’’

3 each place it appears and inserting ‘‘Office of Juve4 nile Crime Control and Delinquency Prevention’’;

5 and

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

7 293, and 296’’ and inserting ‘‘sections 262, 299B,

8 and 299E’’.

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

10 5771 et seq.) is amended—

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

12 Delinquency Prevention’’ and inserting ‘‘Crime Con13 trol and Delinquency Prevention’’; and

14 (B) in subsections (a)(5)(E) and (b)(1)(B) of

15 section 404 by striking ‘‘section 313’’ and inserting

16 ‘‘section 331’’.

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

18 et seq.) is amended—

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

20 262, 293, and 296 of subpart II of title II’’ and in21 serting ‘‘sections 299B and 299E’’; and

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

23 293, and 296 of title II’’ and inserting ‘‘sections

24 299B and 299E’’.
196

•HR 1501 EH

1 SEC. 1323. REFERENCES.

2 In any Federal law (excluding this title and the Acts

3 amended by this title), Executive order, rule, regulation,

4 order, delegation of authority, grant, contract, suit, or

5 document—

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

7 and Delinquency Prevention shall be deemed to in8 clude a reference to the Office of Juvenile Crime

9 Control and Delinquency Prevention; and

10 (2) a reference to the National Institute for Ju11 venile Justice and Delinquency Prevention shall be

12 deemed to include a reference to Office of Juvenile

13 Crime Control and Delinquency Prevention.

14 Subtitle B—Amendments to the

15 Runaway and Homeless Youth Act

16 SEC. 1331. RUNAWAY AND HOMELESS YOUTH.

17 (a) FINDINGS.—Section 302 of the Runaway and

18 Homeless Youth Act (42 U.S.C. 5701) is amended—

19 (1) in paragraph (5), by striking ‘‘accurate re20 porting of the problem nationally and to develop’’

21 and inserting ‘‘an accurate national reporting system

22 to report the problem, and to assist in the develop23 ment of’’; and

24 (2) by striking paragraph (8) and inserting the

25 following:
197

•HR 1501 EH

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

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

3 (b) AUTHORITY TO MAKE GRANTS FOR CENTERS

4 AND SERVICES.—Section 311 of the Runaway and Home5 less Youth Act (42 U.S.C. 5711) is amended—

6 (1) by striking subsection (a) and inserting the

7 following:

8 ‘‘(a) GRANTS FOR CENTERS AND SERVICES.—

9 ‘‘(1) IN GENERAL.—The Secretary shall make

10 grants to public and nonprofit private entities (and

11 combinations of such entities) to establish and oper12 ate (including renovation) local centers to provide

13 services for runaway and homeless youth and for the

14 families of such youth.

15 ‘‘(2) SERVICES PROVIDED.—Services provided

16 under paragraph (1)—

17 ‘‘(A) shall be provided as an alternative to

18 involving runaway and homeless youth in the

19 law enforcement, child welfare, mental health,

20 and juvenile justice systems;

21 ‘‘(B) shall include—

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

23 ‘‘(ii) individual, family, and group

24 counseling, as appropriate; and

25 ‘‘(C) may include—
198

•HR 1501 EH

1 ‘‘(i) street-based services;

2 ‘‘(ii) home-based services for families

3 with youth at risk of separation from the

4 family; and

5 ‘‘(iii) drug abuse education and pre6 vention services.’’;

7 (2) in subsection (b)(2), by striking ‘‘the Trust

8 Territory of the Pacific Islands,’’; and

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

10 (c) ELIGIBILITY.—Section 312 of the Runaway and

11 Homeless Youth Act (42 U.S.C. 5712) is amended—

12 (1) in subsection (b)—

13 (A) in paragraph (8), by striking ‘‘para14 graph (6)’’ and inserting ‘‘paragraph (7)’’;

15 (B) in paragraph (10), by striking ‘‘and’’

16 at the end;

17 (C) in paragraph (11), by striking the pe18 riod at the end and inserting ‘‘; and’’; and

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

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

21 report that includes, with respect to the year for

22 which the report is submitted—

23 ‘‘(A) information regarding the activities

24 carried out under this part;
199

•HR 1501 EH

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

2 this part carried out by the applicant; and

3 ‘‘(C) statistical summaries describing—

4 ‘‘(i) the number and the characteris5 tics of the runaway and homeless youth,

6 and youth at risk of family separation, who

7 participate in the project; and

8 ‘‘(ii) the services provided to such

9 youth by the project.’’; and

10 (2) by striking subsections (c) and (d) and in11 serting the following:

12 ‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV13 ICES.—To be eligible to use assistance under section

14 311(a)(2)(C)(i) to provide street-based services, the appli15 cant shall include in the plan required by subsection (b)

16 assurances that in providing such services the applicant

17 will—

18 ‘‘(1) provide qualified supervision of staff, in19 cluding on-street supervision by appropriately

20 trained staff;

21 ‘‘(2) provide backup personnel for on-street

22 staff;

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

24 staff who provide such services; and
200

•HR 1501 EH

1 ‘‘(4) conduct outreach activities for runaway

2 and homeless youth, and street youth.

3 ‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV4 ICES.—To be eligible to use assistance under section

5 311(a) to provide home-based services described in section

6 311(a)(2)(C)(ii), an applicant shall include in the plan re7 quired by subsection (b) assurances that in providing such

8 services the applicant will—

9 ‘‘(1) provide counseling and information to

10 youth and the families (including unrelated individ11 uals in the family households) of such youth, includ12 ing services relating to basic life skills, interpersonal

13 skill building, educational advancement, job attain14 ment skills, mental and physical health care, par15 enting skills, financial planning, and referral to

16 sources of other needed services;

17 ‘‘(2) provide directly, or through an arrange18 ment made by the applicant, 24-hour service to re19 spond to family crises (including immediate access to

20 temporary shelter for runaway and homeless youth,

21 and youth at risk of separation from the family);

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

23 of runaway and homeless youth, and youth at risk

24 of separation from the family, objectives and meas-
201

•HR 1501 EH

1 ures of success to be achieved as a result of receiv2 ing home-based services;

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

4 staff who provide home-based services; and

5 ‘‘(5) ensure that—

6 ‘‘(A) caseloads will remain sufficiently low

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

8 involvement with each family receiving such

9 services; and

10 ‘‘(B) staff providing such services will re11 ceive qualified supervision.

12 ‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU13 CATION AND PREVENTION SERVICES.—To be eligible to

14 use assistance under section 311(a)(2)(C)(iii) to provide

15 drug abuse education and prevention services, an appli16 cant shall include in the plan required by subsection (b)—

17 ‘‘(1) a description of—

18 ‘‘(A) the types of such services that the ap19 plicant proposes to provide;

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

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

22 to be provided to individuals providing such

23 services to runaway and homeless youth; and
202

•HR 1501 EH

1 ‘‘(2) an assurance that in providing such serv2 ices the applicant shall conduct outreach activities

3 for runaway and homeless youth.’’.

4 (d) APPROVAL OF APPLICATIONS.—Section 313 of

5 the Runaway and Homeless Youth Act (42 U.S.C. 5713)

6 is amended to read as follows:

7 ‘‘SEC. 313. APPROVAL OF APPLICATIONS.

8 ‘‘(a) IN GENERAL.—An application by a public or

9 private entity for a grant under section 311(a) may be

10 approved by the Secretary after taking into consideration,

11 with respect to the State in which such entity proposes

12 to provide services under this part—

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

14 of the proposed services under this part for which all

15 grant applicants request approval; and

16 ‘‘(2) which areas of such State have the great17 est need for such services.

18 ‘‘(b) PRIORITY.—In selecting applications for grants

19 under section 311(a), the Secretary shall give priority to—

20 ‘‘(1) eligible applicants who have demonstrated

21 experience in providing services to runaway and

22 homeless youth; and

23 ‘‘(2) eligible applicants that request grants of

24 less than $200,000.’’.
203

•HR 1501 EH

1 (e) AUTHORITY FOR TRANSITIONAL LIVING GRANT

2 PROGRAM.—Section 321 of the Runaway and Homeless

3 Youth Act (42 U.S.C. 5714–1) is amended—

4 (1) in the section heading, by striking ‘‘PUR5 POSE AND’’;

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

7 (3) by striking subsection (b).

8 (f) ELIGIBILITY.—Section 322(a)(9) of the Runaway

9 and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is

10 amended by inserting ‘‘, and the services provided to such

11 youth by such project,’’ after ‘‘such project’’.

12 (g) COORDINATION.—Section 341 of the Runaway

13 and Homeless Youth Act (42 U.S.C. 5714–21) is amended

14 to read as follows:

15 ‘‘SEC. 341. COORDINATION.

16 ‘‘With respect to matters relating to the health, edu17 cation, employment, and housing of runaway and homeless

18 youth, the Secretary—

19 ‘‘(1) in conjunction with the Attorney General,

20 shall coordinate the activities of agencies of the De21 partment of Health and Human Services with activi22 ties under any other Federal juvenile crime control,

23 prevention, and juvenile offender accountability pro24 gram and with the activities of other Federal enti25 ties; and
204

•HR 1501 EH

1 ‘‘(2) shall coordinate the activities of agencies

2 of the Department of Health and Human Services

3 with the activities of other Federal entities and with

4 the activities of entities that are eligible to receive

5 grants under this title.’’.

6 (h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,

7 EVALUATION, DEMONSTRATION, AND SERVICE

8 PROJECTS.—Section 343 of the Runaway and Homeless

9 Youth Act (42 U.S.C. 5714–23) is amended—

10 (1) in the section heading, by inserting ‘‘EVAL11 UATION,’’ after ‘‘RESEARCH,’’;

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

13 after ‘‘research,’’; and

14 (3) in subsection (b)—

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

16 (B) by redesignating paragraphs (3)

17 through (10) as paragraphs (2) through (9), re18 spectively.

19 (i) STUDY.—Part D of the Runaway and Homeless

20 Youth Act (42 U.S.C. 5731 et seq.) is amended by adding

21 after section 344 the following:

22 ‘‘SEC. 345. STUDY

23 ‘‘The Secretary shall conduct a study of a representa24 tive sample of runaways to determine the percent who
205

•HR 1501 EH

1 leave home because of sexual abuse. The report on the

2 study shall include—

3 ‘‘(1) in the case of sexual abuse , the relation4 ship of the assaulter to the runaway; and

5 ‘‘(2) recommendations on how Federal laws

6 may be changed to reduce sexual assaults on chil7 dren.

8 The study shall be completed to enable the Secretary to

9 make a report to the committees of Congress with jurisdic10 tion over this Act, and to make such report available to

11 the public, within one year of the date of the enactment

12 of this section.’’

13 (j) ASSISTANCE TO POTENTIAL GRANTEES.—Section

14 371 of the Runaway and Homeless Youth Act (42 U.S.C.

15 5714a) is amended by striking the last sentence.

16 (k) REPORTS.—Section 381 of the Runaway and

17 Homeless Youth Act (42 U.S.C. 5715) is amended to read

18 as follows:

19 ‘‘SEC. 381. REPORTS.

20 ‘‘(a) IN GENERAL.—Not later than April 1, 2000,

21 and biennially thereafter, the Secretary shall submit, to

22 the Committee on Education and the Workforce of the

23 House of Representatives and the Committee on the Judi24 ciary of the Senate, a report on the status, activities, and
206

•HR 1501 EH

1 accomplishments of entities that receive grants under

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

3 ‘‘(1) in the case of centers funded under part

4 A, the ability or effectiveness of such centers in—

5 ‘‘(A) alleviating the problems of runaway

6 and homeless youth;

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

8 such youth with their families and encouraging

9 the resolution of intrafamily problems through

10 counseling and other services;

11 ‘‘(C) strengthening family relationships

12 and encouraging stable living conditions for

13 such youth; and

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

15 future course of action; and

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

17 B—

18 ‘‘(A) the number and characteristics of

19 homeless youth served by such projects;

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

21 such projects;

22 ‘‘(C) the effectiveness of such projects in

23 alleviating the problems of homeless youth;

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

25 preparing homeless youth for self-sufficiency;
207

•HR 1501 EH

1 ‘‘(E) the effectiveness of such projects in

2 assisting homeless youth to decide upon future

3 education, employment, and independent living;

4 ‘‘(F) the ability of such projects to encour5 age the resolution of intrafamily problems

6 through counseling and development of self-suf7 ficient living skills; and

8 ‘‘(G) activities and programs planned by

9 such projects for the following fiscal year.

10 ‘‘(b) CONTENTS OF REPORTS.—The Secretary shall

11 include in each report submitted under subsection (a),

12 summaries of—

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

14 under section 386; and

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

16 training provided to, individuals involved in carrying

17 out such evaluations.’’.

18 (l) EVALUATION.—Section 384 of the Runaway and

19 Homeless Youth Act (42 U.S.C. 5732) is amended to read

20 as follows:

21 ‘‘SEC. 386. EVALUATION AND INFORMATION.

22 ‘‘(a) IN GENERAL.—If a grantee receives grants for

23 3 consecutive fiscal years under part A, B, C, D, or E

24 (in the alternative), then the Secretary shall evaluate such
208

•HR 1501 EH

1 grantee on-site, not less frequently than once in the period

2 of such 3 consecutive fiscal years, for purposes of—

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

4 used for the purposes for which such grants are

5 made by the Secretary;

6 ‘‘(2) collecting additional information for the re7 port required by section 384; and

8 ‘‘(3) providing such information and assistance

9 to such grantee as will enable such grantee to im10 prove the operation of the centers, projects, and ac11 tivities for which such grants are made.

12 ‘‘(b) COOPERATION.—Recipients of grants under this

13 title shall cooperate with the Secretary’s efforts to carry

14 out evaluations, and to collect information, under this

15 title.’’.

16 (m) AUTHORIZATION OF APPROPRIATIONS.—Section

17 385 of the Runaway and Homeless Youth Act (42 U.S.C.

18 5751) is amended to read as follows:

19 ‘‘SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) AUTHORIZATION.—There is authorized to

22 be appropriated to carry out this title (other than

23 part E) such sums as may be necessary for fiscal

24 years 2000, 2001, 2002, and 2003.

25 ‘‘(2) ALLOCATION.—
209

•HR 1501 EH

1 ‘‘(A) PARTS A AND B.—From the amount

2 appropriated under paragraph (1) for a fiscal

3 year, the Secretary shall reserve not less than

4 90 percent to carry out parts A and B.

5 ‘‘(B) PART B.—Of the amount reserved

6 under subparagraph (A), not less than 20 per7 cent, and not more than 30 percent, shall be re8 served to carry out part B.

9 ‘‘(3) PARTS C AND D.—In each fiscal year,

10 after reserving the amounts required by paragraph

11 (2), the Secretary shall use the remaining amount

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

13 ‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No

14 funds appropriated to carry out this title may be combined

15 with funds appropriated under any other Act if the pur16 pose of combining such funds is to make a single discre17 tionary grant, or a single discretionary payment, unless

18 such funds are separately identified in all grants and con19 tracts and are used for the purposes specified in this

20 title.’’.

21 (n) SEXUAL ABUSE PREVENTION PROGRAM.—

22 (1) AUTHORITY FOR PROGRAM.—The Runaway

23 and Homeless Youth Act (42 U.S.C. 5701 et seq.)

24 is amended—

25 (A) by striking the heading for part F;
210

•HR 1501 EH

1 (B) by redesignating part E as part F; and

2 (C) by inserting after part D the following:

3 ‘‘PART E—SEXUAL ABUSE PREVENTION

4 PROGRAM

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

6 ‘‘(a) IN GENERAL.—The Secretary may make grants

7 to nonprofit private agencies for the purpose of providing

8 street-based services to runaway and homeless, and street

9 youth, who have been subjected to, or are at risk of being

10 subjected to, sexual abuse, prostitution, or sexual exploi11 tation.

12 ‘‘(b) PRIORITY.—In selecting applicants to receive

13 grants under subsection (a), the Secretary shall give pri14 ority to nonprofit private agencies that have experience in

15 providing services to runaway and homeless, and street

16 youth.’’.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 Section 388(a) of the Runaway and Homeless Youth

19 Act (42 U.S.C. 5751), as amended by subsection

20 (m) of this section, is amended by adding at the end

21 the following:

22 ‘‘(4) PART E.—There is authorized to be appro23 priated to carry out part E such sums as may be

24 necessary for fiscal years 2000, 2001, 2002, and

25 2003.’’.
211

•HR 1501 EH

1 (o) CONSOLIDATED REVIEW OF APPLICATIONS.—

2 The Runaway and Homeless Youth Act (42 U.S.C. 5701

3 et seq.) is amended by inserting after section 383 the fol4 lowing:

5 ‘‘SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

6 ‘‘With respect to funds available to carry out parts

7 A, B, C, D, and E, nothing in this title shall be construed

8 to prohibit the Secretary from—

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

10 availability of funds for grants under two or more of

11 such parts; and

12 ‘‘(2) reviewing applications for grants under

13 two or more of such parts in a single, consolidated

14 application review process.’’.

15 (p) DEFINITIONS.—The Runaway and Homeless

16 Youth Act (42 U.S.C. 5701 et seq.) is amended by insert17 ing after section 386, as amended by subsection (l) of this

18 section, the following:

19 ‘‘SEC. 387. DEFINITIONS.

20 ‘‘In this title:

21 ‘‘(1) DRUG ABUSE EDUCATION AND PREVEN22 TION SERVICES.—The term ‘drug abuse education

23 and prevention services’—
212

•HR 1501 EH

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 relating

13 to the illicit use of drugs by runaway and

14 homeless youth, to individuals involved in

15 providing services to such youth; and

16 ‘‘(v) activities to improve the avail17 ability of local drug abuse prevention serv18 ices to runaway and homeless youth.

19 ‘‘(2) HOME-BASED SERVICES.—The term

20 ‘home-based services’—

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

22 their families for the purpose of—

23 ‘‘(i) preventing such youth from run24 ning away, or otherwise becoming sepa25 rated, from their families; and
213

•HR 1501 EH

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) HOMELESS YOUTH.—The term ‘homeless

11 youth’ means an individual—

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) STREET-BASED SERVICES.—The term

22 ‘street-based services’—

23 ‘‘(A) means services provided to runaway

24 and homeless youth, and street youth, in areas

25 where they congregate, designed to assist such
214

•HR 1501 EH

1 youth in making healthy personal choices re2 garding where they live and how they behave;

3 and

4 ‘‘(B) may include—

5 ‘‘(i) identification of and outreach to

6 runaway and homeless youth, and street

7 youth;

8 ‘‘(ii) crisis intervention and coun9 seling;

10 ‘‘(iii) information and referral for

11 housing;

12 ‘‘(iv) information and referral for

13 transitional living and health care services;

14 ‘‘(v) advocacy, education, and preven15 tion services related to—

16 ‘‘(I) alcohol and drug abuse;

17 ‘‘(II) sexual exploitation;

18 ‘‘(III) sexually transmitted dis19 eases, including human immuno20 deficiency virus (HIV); and

21 ‘‘(IV) physical and sexual as22 sault.

23 ‘‘(5) STREET YOUTH.—The term ‘street youth’

24 means an individual who—

25 ‘‘(A) is—
215

•HR 1501 EH

1 ‘‘(i) a runaway youth; or

2 ‘‘(ii) indefinitely or intermittently a

3 homeless youth; and

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

5 on the street or in other areas that increase the

6 risk to such youth for sexual abuse, sexual ex7 ploitation, prostitution, or drug abuse.

8 ‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—

9 The term ‘transitional living youth project’ means a

10 project that provides shelter and services designed to

11 promote a transition to self-sufficient living and to

12 prevent long-term dependency on social services.

13 ‘‘(7) YOUTH AT RISK OF SEPARATION FROM

14 THE FAMILY.—The term ‘youth at risk of separation

15 from the family’ means an individual—

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

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

18 from the family of such individual;

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

20 is not willing to provide for the basic needs of

21 such individual; or

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

23 welfare system or juvenile justice system as a

24 result of the lack of services available to the

25 family to meet such needs.’’.
216

•HR 1501 EH

1 (q) REDESIGNATION OF SECTIONS.—Sections 371,

2 372, 381, 382, and 383 of the Runaway and Homeless

3 Youth Act (42 U.S.C. 5714b–5851 et seq.), as amended

4 by this title, are redesignated as sections 380, 381, 382,

5 383, and 384, respectively.

6 (r) TECHNICAL AMENDMENTS.—The Runaway and

7 Homeless Youth Act (42 U.S.C. 5701 et seq.) is

8 amended—

9 (1) in section 331, in the first sentence, by

10 striking ‘‘With’’ and all that follows through ‘‘the

11 Secretary’’, and inserting ‘‘The Secretary’’; and

12 (2) in section 344(a)(1), by striking ‘‘With’’

13 and all that follows through ‘‘the Secretary’’, and in14 serting ‘‘The Secretary’’.

15 Subtitle C—Repeal of Title V Relat16 ing to Incentive Grants for

17 Local Delinquency Prevention

18 Programs

19 SEC. 1341. REPEALER.

20 Title V of the Juvenile Justice and Delinquency Pre21 vention Act of 1974 (42 U.S.C. 5681 et seq.), as added

22 by Public Law 102–586, is repealed.
217

•HR 1501 EH

1 Subtitle D—Amendments to the

2 Missing Children’s Assistance Act

3 SEC. 1351. NATIONAL CENTER FOR MISSING AND EX4 PLOITED CHILDREN.

5 (a) FINDINGS.—Section 402 of the Missing Chil6 dren’s Assistance Act (42 U.S.C. 5771) is amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (8), by striking the period at

10 the end and inserting a semicolon; and

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

12 ‘‘(9) for 14 years, the National Center for Miss13 ing and Exploited Children has—

14 ‘‘(A) served as the national resource center

15 and clearinghouse congressionally mandated

16 under the provisions of the Missing Children’s

17 Assistance Act of 1984; and

18 ‘‘(B) worked in partnership with the De19 partment of Justice, the Federal Bureau of In20 vestigation, the Department of the Treasury,

21 the Department of State, and many other agen22 cies in the effort to find missing children and

23 prevent child victimization;

24 ‘‘(10) Congress has given the Center, which is

25 a private non-profit corporation, access to the Na-
218

•HR 1501 EH

1 tional Crime Information Center of the Federal Bu2 reau of Investigation, and the National Law En3 forcement Telecommunications System;

4 ‘‘(11) since 1987, the Center has operated the

5 National Child Pornography Tipline, in conjunction

6 with the United States Customs Service and the

7 United States Postal Inspection Service and, begin8 ning this year, the Center established a new

9 CyberTipline on child exploitation, thus becoming

10 ‘the 911 for the Internet’;

11 ‘‘(12) in light of statistics that time is of the es12 sence in cases of child abduction, the Director of the

13 Federal Bureau of Investigation in February of

14 1997 created a new NCIC child abduction (‘CA’)

15 flag to provide the Center immediate notification in

16 the most serious cases, resulting in 642 ‘CA’ notifi17 cations to the Center and helping the Center to have

18 its highest recovery rate in history;

19 ‘‘(13) the Center has established a national and

20 increasingly worldwide network, linking the Center

21 online with each of the missing children clearing22 houses operated by the 50 States, the District of Co23 lumbia, and Puerto Rico, as well as with Scotland

24 Yard in the United Kingdom, the Royal Canadian

25 Mounted Police, INTERPOL headquarters in Lyon,
219

•HR 1501 EH

1 France, and others, which has enabled the Center to

2 transmit images and information regarding missing

3 children to law enforcement across the United States

4 and around the world instantly;

5 ‘‘(14) from its inception in 1984 through March

6 31, 1998, the Center has—

7 ‘‘(A) handled 1,203,974 calls through its

8 24-hour toll-free hotline (1–800–THE–LOST)

9 and currently averages 700 calls per day;

10 ‘‘(B) trained 146,284 law enforcement,

11 criminal and juvenile justice, and healthcare

12 professionals in child sexual exploitation and

13 missing child case detection, identification, in14 vestigation, and prevention;

15 ‘‘(C) disseminated 15,491,344 free publica16 tions to citizens and professionals; and

17 ‘‘(D) worked with law enforcement on the

18 cases of 59,481 missing children, resulting in

19 the recovery of 40,180 children;

20 ‘‘(15) the demand for the services of the Center

21 is growing dramatically, as evidenced by the fact

22 that in 1997, the Center handled 129,100 calls, an

23 all-time record, and by the fact that its new Internet

24 website (www.missingkids.com) receives 1,500,000

25 ‘hits’ every day, and is linked with hundreds of other
220

•HR 1501 EH

1 websites to provide real-time images of breaking

2 cases of missing children;

3 ‘‘(16) in 1997, the Center provided policy train4 ing to 256 police chiefs and sheriffs from 50 States

5 and Guam at its new Jimmy Ryce Law Enforcement

6 Training Center;

7 ‘‘(17) the programs of the Center have had a

8 remarkable impact, such as in the fight against in9 fant abductions in partnership with the healthcare

10 industry, during which the Center has performed

11 668 onsite hospital walk-throughs and inspections,

12 and trained 45,065 hospital administrators, nurses,

13 and security personnel, and thereby helped to reduce

14 infant abductions in the United States by 82 per15 cent;

16 ‘‘(18) the Center is now playing a significant

17 role in international child abduction cases, serving as

18 a representative of the Department of State at cases

19 under The Hague Convention, and successfully re20 solving the cases of 343 international child abduc21 tions, and providing greater support to parents in

22 the United States;

23 ‘‘(19) the Center is a model of public/private

24 partnership, raising private sector funds to match

25 congressional appropriations and receiving extensive
221

•HR 1501 EH

1 private in-kind support, including advanced tech2 nology provided by the computer industry such as

3 imaging technology used to age the photographs of

4 long-term missing children and to reconstruct facial

5 images of unidentified deceased children;

6 ‘‘(20) the Center was one of only 10 of 300

7 major national charities given an A+ grade in 1997

8 by the American Institute of Philanthropy; and

9 ‘‘(21) the Center has been redesignated as the

10 Nation’s missing children clearinghouse and resource

11 center once every 3 years through a competitive se12 lection process conducted by the Office of Juvenile

13 Justice and Delinquency Prevention of the Depart14 ment of Justice, and has received grants from that

15 Office to conduct the crucial purposes of the Cen16 ter.’’.

17 (b) DEFINITIONS.—Section 403 of the Missing Chil18 dren’s Assistance Act (42 U.S.C. 5772) is amended—

19 (1) in paragraph (1), by striking ‘‘and’’ at the

20 end;

21 (2) in paragraph (2), by striking the period at

22 the end and inserting ‘‘; and’’; and

23 (3) by adding at the end the following:

24 ‘‘(3) the term ‘Center’ means the National Cen25 ter for Missing and Exploited Children.’’.
222

•HR 1501 EH

1 (c) DUTIES AND FUNCTIONS OF THE ADMINIS2 TRATOR.—Section 404 of the Missing Children’s Assist3 ance Act (42 U.S.C. 5773) is amended—

4 (1) by redesignating subsection (c) as sub5 section (d); and

6 (2) by striking subsection (b) and inserting the

7 following:

8 ‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR

9 MISSING AND EXPLOITED CHILDREN.—

10 ‘‘(1) IN GENERAL.—The Administrator shall

11 annually make a grant to the Center, which shall be

12 used to—

13 ‘‘(A)(i) operate a national 24-hour toll-free

14 telephone line by which individuals may report

15 information regarding the location of any miss16 ing child, or other child 13 years of age or

17 younger whose whereabouts are unknown to

18 such child’s legal custodian, and request infor19 mation pertaining to procedures necessary to

20 reunite such child with such child’s legal custo21 dian; and

22 ‘‘(ii) coordinate the operation of such tele23 phone line with the operation of the national

24 communications system referred to in part C of
223

•HR 1501 EH

1 the Runaway and Homeless Youth Act (42

2 U.S.C. 5714–11);

3 ‘‘(B) operate the official national resource

4 center and information clearinghouse for miss5 ing and exploited children;

6 ‘‘(C) provide to State and local govern7 ments, public and private nonprofit agencies,

8 and individuals, information regarding—

9 ‘‘(i) free or low-cost legal, restaurant,

10 lodging, and transportation services that

11 are available for the benefit of missing and

12 exploited children and their families; and

13 ‘‘(ii) the existence and nature of pro14 grams being carried out by Federal agen15 cies to assist missing and exploited chil16 dren and their families;

17 ‘‘(D) coordinate public and private pro18 grams that locate, recover, or reunite missing

19 children with their families;

20 ‘‘(E) disseminate, on a national basis, in21 formation relating to innovative and model pro22 grams, services, and legislation that benefit

23 missing and exploited children;

24 ‘‘(F) provide technical assistance and

25 training to law enforcement agencies, State and
224

•HR 1501 EH

1 local governments, elements of the criminal jus2 tice system, public and private nonprofit agen3 cies, and individuals in the prevention, inves4 tigation, prosecution, and treatment of cases in5 volving missing and exploited children; and

6 ‘‘(G) provide assistance to families and law

7 enforcement agencies in locating and recovering

8 missing and exploited children, both nationally

9 and internationally.

10 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated to the Ad12 ministrator to carry out this subsection,

13 $10,000,000 for each of fiscal years 2000, 2001,

14 2002, and 2003.

15 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis16 trator, either by making grants to or entering into con17 tracts with public agencies or nonprofit private agencies,

18 shall—

19 ‘‘(1) periodically conduct national incidence

20 studies to determine for a given year the actual

21 number of children reported missing each year, the

22 number of children who are victims of abduction by

23 strangers, the number of children who are the vic24 tims of parental kidnapings, and the number of chil25 dren who are recovered each year; and
225

•HR 1501 EH

1 ‘‘(2) provide to State and local governments,

2 public and private nonprofit agencies, and individ3 uals information to facilitate the lawful use of school

4 records and birth certificates to identify and locate

5 missing children.’’.

6 (d) NATIONAL CENTER FOR MISSING AND EX7 PLOITED CHILDREN.—Section 405(a) of the Missing Chil8 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by

9 inserting ‘‘the Center and with’’ before ‘‘public agencies’’.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

11 408 of the Missing Children’s Assistance Act (42 U.S.C.

12 5777) is amended by striking ‘‘1997 through 2001’’ and

13 inserting ‘‘2000 through 2003’’.

14 Subtitle E—Studies and

15 Evaluations

16 SEC. 1361. STUDY OF SCHOOL VIOLENCE.

17 (a) CONTRACT FOR STUDY.—Not later than 60 days

18 after the date of the enactment of this Act, the Secretary

19 of Education shall enter into a contract with the National

20 Academy of Sciences for the purposes of conducting a

21 study regarding the antecedents of school violence in

22 urban, suburban, and rural schools, including the inci23 dents of school violence that occurred in Pearl, Mis24 sissippi; Paducah, Kentucky; Jonesboro, Arkansas;

25 Springfield, Oregon; Edinboro, Pennsylvania; Fayetteville,
226

•HR 1501 EH

1 Tennessee; Littleton, Colorado; and Conyers, Georgia.

2 Under the terms of such contract, the National Academy

3 of Sciences shall appoint a panel that will—

4 (1) review the relevant research about adoles5 cent violence in general and school violence in par6 ticular, including the existing longitudinal and cross7 sectional studies on youth that are relevant to exam8 ining violent behavior;

9 (2) relate what can be learned from past and

10 current research and surveys to specific incidents of

11 school shootings;

12 (3) interview relevant individuals, if possible,

13 such as the perpetrators of such incidents, their

14 families, their friends, their teachers, mental health

15 providers, and others; and

16 (4) give particular attention to such issues as—

17 (A) the perpetrators’ early development,

18 the relationship with their families, community

19 and school experiences, and utilization of men20 tal health services;

21 (B) the relationship between perpetrators

22 and their victims;

23 (C) how the perpetrators gained access to

24 firearms;
227

•HR 1501 EH

1 (D) the impact of cultural influences and

2 exposure to the media, video games, and the

3 Internet; and

4 (E) such other issues as the panel deems

5 important or relevant to the purpose of the

6 study.

7 The National Academy of Sciences shall utilize profes8 sionals with expertise in such issues, including psychia9 trists, social workers, behavioral and social scientists,

10 practitioners, epidemiologists, statisticians, and meth11 odologists.

12 (b) REPORT.—The National Academy of Sciences

13 shall submit a report containing the results of the study

14 required by subsection (a), to the Speaker of the House

15 of Representatives, the President pro tempore of the Sen16 ate, the Chair and ranking minority Member of the Com17 mittee on Education and the Workforce of the House of

18 Representatives, and the Chair and ranking minority

19 Member of the Committee on Health, Education, Labor,

20 and Pensions of the Senate, not later than January 1,

21 2001, or 18 months after entering into the contract re22 quired by such subsection, whichever is earlier.

23 (c) APPROPRIATION.—Of the funds made available

24 under Public Law 105–277 for the Department of Edu-
228

•HR 1501 EH

1 cation, $2.1 million shall be made available to carry out

2 this section.

3 SEC. 1362. STUDY OF THE MENTAL HEALTH NEEDS OF JU4 VENILES IN SECURE OR NONSECURE PLACE5 MENTS IN THE JUVENILE JUSTICE SYSTEM.

6 (a) STUDY.—The Administrator of the Office of Ju7 venile Crime Control and Delinquency Prevention, in col8 laboration with the National Institute of Mental Health,

9 shall conduct a study that includes, but is not limited to,

10 all of the following:

11 (1) Identification of the scope and nature of the

12 mental health problems or disorders of—

13 (A) juveniles who are alleged to be or adju14 dicated delinquent and who, as a result of such

15 status, have been placed in secure detention or

16 confinement or in nonsecure residential place17 ments; and

18 (B) juveniles on probation after having

19 been adjudicated delinquent and having received

20 a disposition as delinquent.

21 (2) A comprehensive survey of the types of

22 mental health services that are currently being pro23 vided to such juveniles by States and units of local

24 government.
229

•HR 1501 EH

1 (3) Identification of governmental entities that

2 have developed or implemented model or promising

3 screening, assessment, or treatment programs or in4 novative mental health delivery or coordination sys5 tems, that address and meet the mental health needs

6 of such juveniles.

7 (4) A review of the literature that analyzes the

8 mental health problems and needs of juveniles in the

9 juvenile justice system and that documents innova10 tive and promising models and programs that ad11 dress such needs.

12 (b) REPORT.—Not later than 18 months after the

13 date of the enactment of this Act, the Administrator shall

14 submit to the Congress, and broadly disseminate to indi15 viduals and entities engaged in fields that provide services

16 for the benefit of juveniles or that make policy relating

17 to juveniles, a report containing the results of the study

18 conducted under subsection (a) and documentation identi19 fying promising or innovative models or programs referred

20 to in such subsection.

21 SEC. 1363. EVALUATION BY GENERAL ACCOUNTING OF22 FICE.

23 (a) EVALUATION.—Not later than October 1, 2002,

24 the Comptroller General of the United States shall con25 duct a comprehensive analysis and evaluation regarding
230

•HR 1501 EH

1 the performance of the Office of Juvenile Justice Delin2 quency and Prevention, its functions, its programs, and

3 its grants under specified criteria, and shall submit the

4 report required by subsection (b). In conducting the anal5 ysis and evaluation, the Comptroller General shall take

6 into consideration the following factors to document the

7 efficiency and public benefit of the Juvenile Justice and

8 Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et

9 seq.), excluding the Runaway and Homeless Youth Act

10 (42 U.S.C. 5701 et seq.) and the Missing Children’s As11 sistance Act (42 U.S.C. 5771 et seq.):

12 (1) The extent to which the agency has com13 plied with the provisions contained in the Govern14 ment Performance and Results Act of 1993 (Public

15 Law 103–62; 107 Stat. 285).

16 (2) The outcome and results of the programs

17 carried out by the Office of Juvenile Justice and De18 linquency Prevention and those administered

19 through grants by Office of Juvenile Justice and De20 linquency Prevention.

21 (3) Whether the agency has acted outside the

22 scope of its original authority, and whether the origi23 nal objectives of the agency have been achieved.

24 (4) Whether less restrictive or alternative meth25 ods exists to carry out the functions of the agency.
231

•HR 1501 EH

1 Whether present functions or operations are im2 peded or enhanced by existing, statutes, rules, and

3 procedures.

4 (5) The extent to which the jurisdiction of, and

5 the programs administered by, the agency duplicate

6 or conflict with the jurisdiction and programs of

7 other agencies.

8 (6) The potential benefits of consolidating pro9 grams administered by the agency with similar or

10 duplicative programs of other agencies, and the po11 tential for consolidating such programs.

12 (7) The number and types of beneficiaries or

13 persons served by programs carried out under the

14 Act.

15 (8) The extent to which any trends, develop16 ments, or emerging conditions that are likely to af17 fect the future nature and the extent of the prob18 lems or needs the programs carried out by the Act

19 are intended to address.

20 (9) The manner with which the agency seeks

21 public input and input from State and local govern22 ments on the performance of the functions of the

23 agency.

24 (10) Whether the agency has worked to enact

25 changes in the law intended to benefit the public as
232

•HR 1501 EH

1 a whole rather than the specific businesses, institu2 tions, or individuals the agency regulates or funds.

3 (11) The extent to which the agency grants

4 have encouraged participation by the public as a

5 whole in making its rules and decisions rather than

6 encouraging participation solely by those it regu7 lates.

8 (12) The extent to which the agency complies

9 with section 552 of title 5, United States Code (com10 monly known as the ‘‘Freedom of Information Act’’).

11 (13) The impact of any regulatory, privacy, and

12 paperwork concerns resulting from the programs

13 carried out by the agency.

14 (14) The extent to which the agency has coordi15 nated with state and local governments in per16 forming the functions of the agency.

17 (15) The extent to which changes are necessary

18 in the authorizing statutes of the agency in order

19 that the functions of the agency can be performed

20 in a more efficient and effective manner.

21 (16) Whether greater oversight is needed of

22 programs developed with grants made by the Office

23 of Juvenile Justice and Delinquency Prevention.

24 (b) REPORT.—The report required by subsection (a)

25 shall—
233

•HR 1501 EH

1 (1) include recommendations for legislative

2 changes, as appropriate, based on the evaluation

3 conducted under subsection (a), to be made to the

4 Juvenile Justice and Delinquency Prevention Act of

5 1974 (42 U.S.C. 5601 et seq.), excluding the Run6 away and Homeless Youth Act (42 U.S.C. 5701 et

7 seq.) and the Missing Children’s Assistance Act (42

8 U.S.C. 5771 et seq.); and

9 (2) shall be submitted, together with supporting

10 materials, to the Speaker of the House of Represent11 atives and the President pro tempore of the Senate,

12 and made available to the public.

13 SEC. 1364. GENERAL ACCOUNTING OFFICE REPORT.

14 Not later than 1 year after the date of the enactment

15 of this Act, the General Accounting Office shall transmit

16 to Congress a report containing the following:

17 (1) For each State, a description of the types

18 of after-school programs that are available for stu19 dents in kindergarten through grade 12, including

20 programs sponsored by the Boys and Girls Clubs of

21 America, the Boy Scouts of America, the Girl Scouts

22 of America, YMCAs, and athletic and other pro23 grams operated by public schools and other State

24 and local agencies.
234

•HR 1501 EH

1 (2) For 15 communities selected to represent a

2 variety of regional, population, and demographic

3 profiles, a detailed analysis of all of the after-school

4 programs that are available for students in kinder5 garten through grade 12, including programs spon6 sored by the Boys and Girls Clubs of America, the

7 Boy Scouts of America, the Girl Scouts of America,

8 YMCAs, mentoring programs, athletic programs,

9 and programs operated by public schools, churches,

10 day care centers, parks, recreation centers, family

11 day care, community organizations, law enforcement

12 agencies, service providers, and for-profit and non13 profit organizations.

14 (3) For each State, a description of significant

15 areas of unmet need in the quality and availability

16 of after-school programs.

17 (4) For each State, a description of barriers

18 which prevent or deter the participation of children

19 in after-school programs.

20 (5) For each State, a description of barriers to

21 improving the quality and availability of after-school

22 programs.

23 (6) A list of activities, other than after-school

24 programs, in which students in kindergarten through

25 grade 12 participate when not in school, including
235

•HR 1501 EH

1 jobs, volunteer opportunities, and other non-school

2 affiliated programs.

3 (7) An analysis of the value of the activities

4 listed pursuant to paragraph (6) to the well-being

5 and educational development of students in kinder6 garten through grade 12.

7 SEC. 1365. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH

8 ON YOUTH VIOLENCE.

9 (a) NIH RESEARCH.—The National Institutes of

10 Health, acting through the Office of Behavioral and Social

11 Sciences Research, shall carry out a coordinated, multi12 year course of behavioral and social science research on

13 the causes and prevention of youth violence.

14 (b) NATURE OF RESEARCH.—Funds made available

15 to the National Institutes of Health pursuant to this sec16 tion shall be utilized to conduct, support, coordinate, and

17 disseminate basic and applied behavioral and social science

18 research with respect to youth violence, including research

19 on one or more of the following subjects:

20 (1) The etiology of youth violence.

21 (2) Risk factors for youth violence.

22 (3) Childhood precursors to antisocial violent

23 behavior.

24 (4) The role of peer pressure in inciting youth

25 violence.
236

•HR 1501 EH

1 (5) The processes by which children develop

2 patterns of thought and behavior, including beliefs

3 about the value of human life.

4 (6) Science-based strategies for preventing

5 youth violence, including school and community6 based programs.

7 (7) Other subjects that the Director of the Of8 fice of Behavioral and Social Sciences Research

9 deems appropriate.

10 (c) ROLE OF THE OFFICE OF BEHAVIORAL AND SO11 CIAL SCIENCES RESEARCH.—Pursuant to this section and

12 section 404A of the Public Health Service Act (42 U.S.C.

13 283c), the Director of the Office of Behavioral and Social

14 Sciences Research shall—

15 (1) coordinate research on youth violence con16 ducted or supported by the agencies of the National

17 Institutes of Health;

18 (2) identify youth violence research projects

19 that should be conducted or supported by the re20 search institutes, and develop such projects in co21 operation with such institutes and in consultation

22 with State and Federal law enforcement agencies;

23 (3) take steps to further cooperation and col24 laboration between the National Institutes of Health

25 and the Centers for Disease Control and Prevention,
237

•HR 1501 EH

1 the Substance Abuse and Mental Health Services

2 Administration, the agencies of the Department of

3 Justice, and other governmental and nongovern4 mental agencies with respect to youth violence re5 search conducted or supported by such agencies;

6 (4) establish a clearinghouse for information

7 about youth violence research conducted by govern8 mental and nongovernmental entities; and

9 (5) periodically report to Congress on the state

10 of youth violence research and make recommenda11 tions to Congress regarding such research.

12 (d) FUNDING.—There is authorized to be appro13 priated, $5,000,000 for each of fiscal years 2000 through

14 2004 to carry out this section. If amount are not sepa15 rately appropriated to carry out this section, the Director

16 of the National Institutes of Health shall carry out this

17 section using funds appropriated generally to the National

18 Institutes of Health, except that funds expended for under

19 this section shall supplement and not supplant existing

20 funding for behavioral research activities at the National

21 Institutes of Health.
238

•HR 1501 EH

1 Subtitle F—General Provisions

2 SEC. 1371. EFFECTIVE DATE; APPLICATION OF AMEND3 MENTS.

4 (a) EFFECTIVE DATE.—Except as provided in sub5 section (b), this title and the amendments made by this

6 title shall take effect on the date of the enactment of this

7 Act.

8 (b) APPLICATION OF AMENDMENTS.—The amend9 ments made by this title shall apply only with respect to

10 fiscal years beginning after September 30, 1999.

11 TITLE XIV—CHILDREN’S

12 INTERNET PROTECTION

13 SEC. 1401. SHORT TITLE.

14 This title may be cited as the ‘‘Children’s Internet

15 Protection Act’’.

16 SEC. 1402. NO UNIVERSAL SERVICE FOR SCHOOLS OR LI17 BRARIES THAT FAIL TO IMPLEMENT A FIL18 TERING OR BLOCKING TECHNOLOGY FOR

19 COMPUTERS WITH INTERNET ACCESS.

20 (a) IN GENERAL.—Section 254 of the Communica21 tions Act of 1934 (47 U.S.C. 254) is amended by adding

22 at the end thereof the following:

23 ‘‘(l) IMPLEMENTATION OF AN INTERNET FILTERING

24 OR BLOCKING TECHNOLOGY.—
239

•HR 1501 EH

1 ‘‘(1) IN GENERAL.—An elementary school, sec2 ondary school, or library that fails to provide the

3 certification required by paragraph (2) or (3), re4 spectively, is not eligible to receive or retain uni5 versal service assistance provided under subsection

6 (h)(1)(B).

7 ‘‘(2) CERTIFICATION FOR SCHOOLS.—To be eli8 gible to receive universal service assistance under

9 subsection (h)(1)(B), an elementary or secondary

10 school shall certify to the Commission that it has—

11 ‘‘(A) selected a technology for computers

12 with Internet access to filter or block—

13 ‘‘(i) child pornographic materials,

14 which shall have the meaning of that term

15 as used in sections 2252, 2252A, 2256 of

16 title 18, United States Code;

17 ‘‘(ii) obscene materials, which shall

18 have the meaning of that term as used in

19 section 1460 of title 18, United States

20 Code; and

21 ‘‘(iii) during use by minors, materials

22 deemed to be harmful to minors, which

23 shall have the meaning of that term as

24 used in section 231 of the Communications

25 Act of 1934 (47 U.S.C. 231); and
240

•HR 1501 EH

1 ‘‘(B) installed, or will install, and uses or

2 will use, as soon as it obtains computers with

3 Internet access, a technology to filter or block

4 such material.

5 ‘‘(3) CERTIFICATION FOR LIBRARIES.—To be

6 eligible to receive universal service assistance under

7 subsection (h)(1)(B),a library shall certify to the

8 Commission that it has—

9 ‘‘(A) selected a technology for computers

10 with Internet access to filter or block—

11 ‘‘(i) child pornographic materials,

12 which shall have the meaning of that term

13 as used in sections 2252, 2252A, 2256 of

14 title 18, United States Code;

15 ‘‘(ii) obscene materials, which shall

16 have the meaning of that term as used in

17 section 1460 of title 18, United States

18 Code; and

19 ‘‘(iii) during use by minors, materials

20 deemed to be harmful to minors, which

21 shall have the meaning of that term as

22 used in section 231 of the Communications

23 Act of 1934 (47 U.S.C. 231); and

24 ‘‘(B) installed, or will install, and uses or

25 will use, as soon as it obtains computers with
241

•HR 1501 EH

1 Internet access, a technology to filter or block

2 such material.

3 ‘‘(4) TIME FOR CERTIFICATION.—The certifi4 cation required by paragraph (2) or (3) shall be

5 made within 30 days of the date that rules are pro6 mulgated by the Federal Communications Commis7 sion, or, if later, within 10 days of the date on which

8 any computer with access to the Internet is first

9 made available in the school or library for its in10 tended use.

11 ‘‘(5) NOTIFICATION OF CESSATION; ADDI12 TIONAL INTERNET-ACCESSING COMPUTER.—

13 ‘‘(A) CESSATION.—A school or library that

14 has filed the certification required by paragraph

15 (3)(A) shall notify the Commission within 10

16 days after the date on which it ceases to use

17 the filtering or blocking technology to which the

18 certification related.

19 ‘‘(B) ADDITIONAL INTERNET-ACCESSING

20 COMPUTER.—A school or library that has filed

21 the certification required by paragraph (3)(B)

22 that adds another computer with Internet ac23 cess intended for use by the public (including

24 minors) shall make the certification required by

25 paragraph (3)(A) within 10 days after that
242

•HR 1501 EH

1 computer is made available for use by the pub2 lic.

3 ‘‘(6) POSTING OF NOTICE.—A school or library

4 that has filed a certification under paragraph (2) or

5 (3) shall post within view of the computers which

6 are the subject of that certification a notice that

7 contains—

8 ‘‘(A) a copy of the filter or block certifi9 cation;

10 ‘‘(B) a statement of such school’s or li11 brary’s filtering or block policy; and

12 ‘‘(C) information on the specific block

13 technology in use.

14 ‘‘(7) PENALTY FOR FAILURE TO COMPLY.—A

15 school or library that fails to meet the requirements

16 of this subsection is liable to repay immediately the

17 full amount of all universal service assistance the

18 school or library received under subsection (h)(1)(B)

19 after the date the failure began.

20 ‘‘(8) LOCAL DETERMINATION OF MATERIAL TO

21 BE FILTERED.—For purposes of paragraphs (2) and

22 (3), the determination of what material is to be

23 deemed harmful to minors shall be made by the

24 school, school board, library or other authority re25 sponsible for making the required certification. No
243

•HR 1501 EH

1 agency or instrumentality of the United States Gov2 ernment may—

3 ‘‘(A) establish criteria for making that de4 termination;

5 ‘‘(B) review the determination made by the

6 certifying school, school board, library, or other

7 authority; or

8 ‘‘(C) consider the criteria employed by the

9 certifying school, school board, library, or other

10 authority in the administration of subsection

11 (h)(1)(B).

12 ‘‘(9) NO PREEMTION OR OTHER EFFECT.—

13 Nothing in this subsection shall be construed—

14 ‘‘(A) to preempt, supersede, or limit any

15 requirements that imposed by a school or li16 brary, or by a political authority for a school or

17 library, that are more stringent than the re18 quirements of this subsection; or

19 ‘‘(B) to supersede or limit otherwise appli20 cable Federal or State child pornography or ob21 scenity laws.’’.

22 (b) CONFORMING CHANGE.—Section 254(h)(1)(B) of

23 the Communications Act of 1934 (47 U.S.C.

24 254(h)(1)(B)) is amended by striking ‘‘All telecommuni-
244

•HR 1501 EH

1 cations’’ and inserting ‘‘Except as provided by subsection

2 (l), all telecommunications’’.

3 SEC. 1403. FEDERAL COMMUNICATIONS COMMISSION TO

4 ADOPT RULES WITHIN 4 MONTHS.

5 The Federal Communications Commission shall

6 adopt rules implementing section 254(l) of the Commu7 nications Act of 1934 (as added by this Act) within 120

8 days after the date of the enactment of this Act.

9 TITLE XV—TEACHER LIABILITY

10 PROTECTION

11 SEC. 1501. SHORT TITLE.

12 This title may be cited as the ‘‘Teacher Liability Pro13 tection Act of 1999’’.

14 SEC. 1502. FINDINGS AND PURPOSE.

15 (a) FINDINGS.—Congress makes the following find16 ings:

17 (1) The ability of teachers, principals and other

18 school professionals to teach, inspire and shape the

19 intellect of our Nation’s elementary and secondary

20 school students is deterred and hindered by frivolous

21 lawsuits and litigation.

22 (2) Each year more and more teachers, prin23 cipals and other school professionals face lawsuits

24 for actions undertaken as part of their duties to pro-
245

•HR 1501 EH

1 vide millions of school children quality educational

2 opportunities.

3 (3) Too many teachers, principals and other

4 school professionals face increasingly severe and ran5 dom acts of violence in the classroom and in schools.

6 (4) Providing teachers, principals and other

7 school professionals a safe and secure environment is

8 an important part of the effort to improve and ex9 pand educational opportunities.

10 (5) Clarifying and limiting the liability of teach11 ers, principals and other school professionals who

12 undertake reasonable actions to maintain order, dis13 cipline and an appropriate educational environment

14 is an appropriate subject of Federal legislation

15 because—

16 (A) the scope of the problems created by

17 the legitimate fears of teachers, principals and

18 other school professionals about frivolous, arbi19 trary or capricious lawsuits against teachers is

20 of national importance; and

21 (B) millions of children and their families

22 across the Nation depend on teachers, prin23 cipals and other school professionals for the in24 tellectual development of children.
246

•HR 1501 EH

1 (b) PURPOSE.—The purpose of this title is to provide

2 teachers, principals and other school professionals the

3 tools they need to undertake reasonable actions to main4 tain order, discipline and an appropriate educational envi5 ronment.

6 SEC. 1503. PREEMPTION AND ELECTION OF STATE NON7 APPLICABILITY.

8 (a) PREEMPTION.—This title preempts the laws of

9 any State to the extent that such laws are inconsistent

10 with this title, except that this title shall not preempt any

11 State law that provides additional protection from liability

12 relating to teachers.

13 (b) ELECTION OF STATE REGARDING NONAPPLICA14 BILITY.—This title shall not apply to any civil action in

15 a State court against a teacher in which all parties are

16 citizens of the State if such State enacts a statute in ac17 cordance with State requirements for enacting

18 legislation—

19 (1) citing the authority of this subsection;

20 (2) declaring the election of such State that this

21 title shall not apply, as of a date certain, to such

22 civil action in the State; and

23 (3) containing no other provisions.
247

•HR 1501 EH

1 SEC. 1504. LIMITATION ON LIABILITY FOR TEACHERS.

2 (a) LIABILITY PROTECTION FOR TEACHERS.—Ex3 cept as provided in subsections (b) and (c), no teacher in

4 a school shall be liable for harm caused by an act or omis5 sion of the teacher on behalf of the school if—

6 (1) the teacher was acting within the scope of

7 the teacher’s employment or responsibilities related

8 to providing educational services;

9 (2) the actions of the teacher were carried out

10 in conformity with local, state, or federal laws, rules

11 or regulations in furtherance of efforts to control,

12 discipline, expel, or suspend a student or maintain

13 order or control in the classroom or school;

14 (3) if appropriate or required, the teacher was

15 properly licensed, certified, or authorized by the ap16 propriate authorities for the activities or practice in

17 the State in which the harm occurred, where the ac18 tivities were or practice was undertaken within the

19 scope of the teacher’s responsibilities;

20 (4) the harm was not caused by willful or crimi21 nal misconduct, gross negligence, reckless mis22 conduct, or a conscious, flagrant indifference to the

23 rights or safety of the individual harmed by the

24 teacher; and

25 (5) the harm was not caused by the teacher op26 erating a motor vehicle, vessel, aircraft, or other ve-
248

•HR 1501 EH

1 hicle for which the State requires the operator or the

2 owner of the vehicle, craft, or vessel to—

3 (A) possess an operator’s license; or

4 (B) maintain insurance.

5 (b) CONCERNING RESPONSIBILITY OF TEACHERS TO

6 SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in

7 this section shall be construed to affect any civil action

8 brought by any school or any governmental entity against

9 any teacher of such school.

10 (c) EXCEPTIONS TO TEACHER LIABILITY PROTEC11 TION.—If the laws of a State limit teacher liability subject

12 to one or more of the following conditions, such conditions

13 shall not be construed as inconsistent with this section:

14 (1) A State law that requires a school or gov15 ernmental entity to adhere to risk management pro16 cedures, including mandatory training of teachers.

17 (2) A State law that makes the school or gov18 ernmental entity liable for the acts or omissions of

19 its teachers to the same extent as an employer is lia20 ble for the acts or omissions of its employees.

21 (3) A State law that makes a limitation of li22 ability inapplicable if the civil action was brought by

23 an officer of a State or local government pursuant

24 to State or local law.
249

•HR 1501 EH

1 (d) LIMITATION ON PUNITIVE DAMAGES BASED ON

2 THE ACTIONS OF TEACHERS.—

3 (1) GENERAL RULE.—Punitive damages may

4 not be awarded against a teacher in an action

5 brought for harm based on the action of a teacher

6 acting within the scope of the teacher’s responsibil7 ities to a school or governmental entity unless the

8 claimant establishes by clear and convincing evidence

9 that the harm was proximately caused by an action

10 of such teacher which constitutes willful or criminal

11 misconduct, or a conscious, flagrant indifference to

12 the rights or safety of the individual harmed.

13 (2) CONSTRUCTION.—Paragraph (1) does not

14 create a cause of action for punitive damages and

15 does not preempt or supersede any Federal or State

16 law to the extent that such law would further limit

17 the award of punitive damages.

18 (e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—

19 (1) IN GENERAL.—The limitations on the liabil20 ity of a teacher under this title shall not apply to

21 any misconduct that—

22 (A) constitutes a crime of violence (as that

23 term is defined in section 16 of title 18, United

24 States Code) or act of international terrorism

25 (as that term is defined in section 2331 of title
250

•HR 1501 EH

1 18, United States Code) for which the defend2 ant has been convicted in any court;

3 (B) involves a sexual offense, as defined by

4 applicable State law, for which the defendant

5 has been convicted in any court;

6 (C) involves misconduct for which the de7 fendant has been found to have violated a Fed8 eral or State civil rights law; or

9 (D) where the defendant was under the in10 fluence (as determined pursuant to applicable

11 State law) of intoxicating alcohol or any drug at

12 the time of the misconduct.

13 (2) RULE OF CONSTRUCTION.—Nothing in this

14 subsection shall be construed to effect subsection

15 (a)(3) or (d).

16 SEC. 1505. LIABILITY FOR NONECONOMIC LOSS.

17 (a) GENERAL RULE.—In any civil action against a

18 teacher, based on an action of a teacher acting within the

19 scope of the teacher’s responsibilities to a school or gov20 ernmental entity, the liability of the teacher for non21 economic loss shall be determined in accordance with sub22 section (b).

23 (b) AMOUNT OF LIABILITY.—

24 (1) IN GENERAL.—Each defendant who is a

25 teacher, shall be liable only for the amount of non-
251

•HR 1501 EH

1 economic loss allocated to that defendant in direct

2 proportion to the percentage of responsibility of that

3 defendant (determined in accordance with paragraph

4 (2)) for the harm to the claimant with respect to

5 which that defendant is liable. The court shall

6 render a separate judgment against each defendant

7 in an amount determined pursuant to the preceding

8 sentence.

9 (2) PERCENTAGE OF RESPONSIBILITY.—For

10 purposes of determining the amount of noneconomic

11 loss allocated to a defendant who is a teacher under

12 this section, the trier of fact shall determine the per13 centage of responsibility of that defendant for the

14 claimant’s harm.

15 SEC. 1506. DEFINITIONS.

16 For purposes of this title:

17 (1) ECONOMIC LOSS.—The term ‘‘economic

18 loss’’ means any pecuniary loss resulting from harm

19 (including the loss of earnings or other benefits re20 lated to employment, medical expense loss, replace21 ment services loss, loss due to death, burial costs,

22 and loss of business or employment opportunities) to

23 the extent recovery for such loss is allowed under ap24 plicable State law.
252

•HR 1501 EH

1 (2) HARM.—The term ‘‘harm’’ includes phys2 ical, nonphysical, economic, and noneconomic losses.

3 (3) NONECONOMIC LOSSES.—The term ‘‘non4 economic losses’’ means losses for physical and emo5 tional pain, suffering, inconvenience, physical im6 pairment, mental anguish, disfigurement, loss of en7 joyment of life, loss of society and companionship,

8 loss of consortium (other than loss of domestic serv9 ice), hedonic damages, injury to reputation and all

10 other nonpecuniary losses of any kind or nature.

11 (4) SCHOOL.—The term ‘‘school’’ means a pub12 lic or private kindergarten, a public or private ele13 mentary school or secondary school (as defined in

14 section 14101 of the Elementary and Secondary

15 Education Act of 1965 (20 U.S.C. 8801)), or a

16 home school.

17 (5) STATE.—The term ‘‘State’’ means each of

18 the several States of the United States, the District

19 of Columbia, the Commonwealth of Puerto Rico, the

20 United States Virgin Islands, Guam, American

21 Samoa, the Commonwealth of the Northern Mariana

22 Islands, any other territory or possession of the

23 United States, or any political subdivision of any

24 such State, territory, or possession.
253

•HR 1501 EH

1 (6) TEACHER.—The term ‘‘teacher’’ means a

2 teacher, instructor, principal, administrator, or other

3 educational professional that works in a school, a

4 local school board and any member of such board,

5 and a local educational agency and any employee of

6 such agency.

7 SEC. 1507. EFFECTIVE DATE.

8 (a) IN GENERAL.—This title shall take effect 90 days

9 after the date of the enactment of this Act.

10 (b) APPLICATION.—This title applies to any claim for

11 harm caused by an act or omission of a teacher where

12 that claim is filed on or after the effective date of this

13 Act, without regard to whether the harm that is the sub14 ject of the claim or the conduct that caused the harm oc15 curred before such effective date.

Passed the House of Representatives June 17, 1999.

Attest:

Clerk.