In the Senate of the United States,

July 28, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1501) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vio3 lent and Repeat Juvenile Offender Accountability and Re4 habilitation Act of 1999’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Severability.
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TITLE I—JUVENILE JUSTICE REFORM

Sec. 101. Surrender to State authorities.

Sec. 102. Treatment of Federal juvenile offenders.

Sec. 103. Definitions.

Sec. 104. Notification after arrest.

Sec. 105. Release and detention prior to disposition.

Sec. 106. Speedy trial.

Sec. 107. Dispositional hearings.

Sec. 108. Use of juvenile records.

Sec. 109. Implementation of a sentence for juvenile offenders.

Sec. 110. Magistrate judge authority regarding juvenile defendants.

Sec. 111. Federal sentencing guidelines.

Sec. 112. Study and report on Indian tribal jurisdiction.

TITLE II—JUVENILE GANGS

Sec. 201. Solicitation or recruitment of persons in criminal street gang activity.

Sec. 202. Increased penalties for using minors to distribute drugs.

Sec. 203. Penalties for use of minors in crimes of violence.

Sec. 204. Criminal street gangs.

Sec. 205. High intensity interstate gang activity areas.

Sec. 206. Increasing the penalty for using physical force to tamper with witnesses, victims, or informants.

Sec. 207. Authority to make grants to prosecutors’ offices to combat gang crime

and youth violence.

Sec. 208. Increase in offense level for participation in crime as a gang member.

Sec. 209. Interstate and foreign travel or transportation in aid of criminal gangs.

Sec. 210. Prohibitions relating to firearms.

Sec. 211. Clone pagers.

TITLE III—JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND

DELINQUENCY PREVENTION

Subtitle A—Reform of the Juvenile Justice and Delinquency Prevention Act of

1974

Sec. 301. Findings; declaration of purpose; definitions.

Sec. 302. Juvenile crime control and prevention.

Sec. 303. Runaway and homeless youth.

Sec. 304. National Center for Missing and Exploited Children.

Sec. 305. Transfer of functions and savings provisions.

Subtitle B—Accountability for Juvenile Offenders and Public Protection

Incentive Grants

Sec. 321. Block grant program.

Sec. 322. Pilot program to promote replication of recent successful juvenile crime

reduction strategies.

Sec. 323. Repeal of unnecessary and duplicative programs.

Sec. 324. Extension of Violent Crime Reduction Trust Fund.

Sec. 325. Reimbursement of States for costs of incarcerating juvenile aliens.

Subtitle C—Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.
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Subtitle D—Parenting as Prevention

Sec. 341. Short title.

Sec. 342. Establishment of program.

Sec. 343. National Parenting Support and Education Commission.

Sec. 344. State and local parenting support and education grant program.

Sec. 345. Grants to address the problem of violence related stress to parents and

children.

TITLE IV—VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN’S

PROTECTION

Subtitle A—Children and the Media.

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Purposes; construction.

Sec. 404. Exemption of voluntary agreements on guidelines for certain entertainment material from applicability of antitrust laws.

Sec. 405. Exemption of activities to ensure compliance with ratings and labeling

systems from applicability of antitrust laws.

Sec. 406. Definitions.

Subtitle B—Other Matters.

Sec. 411. Study of marketing practices of motion picture, recording, and video/

personal computer game industries.

TITLE V—GENERAL FIREARM PROVISIONS

Sec. 501. Special licensees; special registrations.

Sec. 502. Clarification of authority to conduct firearm transactions at gun shows.

Sec. 503. ‘‘Instant check’’ gun tax and gun owner privacy.

Sec. 504. Effective date.

TITLE VI—RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

Sec. 601. Penalties for unlawful acts by juveniles.

Sec. 602. Effective date.

TITLE VII—EFFECTIVE GUN LAW ENFORCEMENT

Subtitle A—Criminal Use of Firearms by Felons

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Criminal Use of Firearms by Felons Program.

Sec. 704. Annual reports.

Sec. 705. Authorization of appropriations.

Subtitle B—Apprehension and Treatment of Armed Violent Criminals

Sec. 711. Apprehension and procedural treatment of armed violent criminals.

Subtitle C—Youth Crime Gun Interdiction

Sec. 721. Youth crime gun interdiction initiative.
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Subtitle D—Gun Prosecution Data

Sec. 731. Collection of gun prosecution data.

Subtitle E—Firearms Possession by Violent Juvenile Offenders

Sec. 741. Prohibition on firearms possession by violent juvenile offenders.

Subtitle F—Juvenile Access to Certain Firearms

Sec. 751. Penalties for firearm violations involving juveniles.

Subtitle G—General Firearm Provisions

Sec. 761. National instant criminal background check system improvements.

TITLE VIII—ENHANCED PENALTIES

Sec. 801. Straw purchases.

Sec. 802. Stolen firearms.

Sec. 803. Increase in penalties for crimes involving firearms.

Sec. 804. Increased penalties for distributing drugs to minors.

Sec. 805. Increased penalty for drug trafficking in or near a school or other protected location.

TITLE IX—CHILD HANDGUN SAFETY

Sec. 901. Short title.

Sec. 902. Purposes.

Sec. 903. Firearms safety.

Sec. 904. Effective date.

TITLE X—SCHOOL SAFETY AND VIOLENCE PREVENTION

Sec. 1001. School safety and violence prevention.

Sec. 1002. Study.

Sec. 1003. School uniforms.

Sec. 1004. Transfer of school disciplinary records.

Sec. 1005. School violence research.

Sec. 1006. National character achievement award.

Sec. 1007. National Commission on Character Development.

Sec. 1008. Juvenile access to treatment.

Sec. 1009. Background checks.

Sec. 1010. Drug tests.

Sec. 1011. Sense of the Senate.

TITLE XI—TEACHER LIABILITY PROTECTION ACT

Sec. 1101. Short title.

Sec. 1102. Findings and purpose.

Sec. 1103. Preemption and election of State nonapplicability.

Sec. 1104. Limitation on liability for teachers.

Sec. 1105. Liability for noneconomic loss.

Sec. 1106. Definitions.

Sec. 1107. Effective date.
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TITLE XII—VIOLENCE PREVENTION TRAINING FOR EARLY

CHILDHOOD EDUCATORS

Sec. 1201. Short title.

Sec. 1202. Purpose.

Sec. 1203. Findings.

Sec. 1204. Definitions.

Sec. 1205. Program authorized.

Sec. 1206. Application.

Sec. 1207. Selection priorities.

Sec. 1208. Authorization of appropriations.

TITLE XIII—PREVENTING JUVENILE DELINQUENCY THROUGH

CHARACTER EDUCATION

Sec. 1301. Purpose.

Sec. 1302. Authorization of appropriations.

Sec. 1303. School-based programs.

Sec. 1304. After school programs.

Sec. 1305. General provisions.

TITLE XIV—VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999

Sec. 1401. Short title.

Sec. 1402. Elimination of convicted offender DNA backlog.

Sec. 1403. DNA identification of Federal, District of Columbia, and military violent offenders.

TITLE XV—MISCELLANEOUS PROVISIONS

Subtitle A—General Provisions

Sec. 1501. Prohibition on firearms possession by violent juvenile offenders.

Sec. 1502. Safe students.

Sec. 1503. Study of marketing practices of the firearms industry.

Sec. 1504. Provision of Internet filtering or screening software by certain Internet

service providers.

Sec. 1505. Application of section 923 (j) and (m).

Sec. 1506. Constitutionality of memorial services and memorials at public

schools.

Sec. 1507. Twenty-first Amendment enforcement.

Sec. 1508. Interstate shipment and delivery of intoxicating liquors.

Sec. 1509. Disclaimer on materials produced, procured or distributed from funding authorized by this Act.

Sec. 1510. Aimee’s Law.

Sec. 1511. Drug tests and locker inspections.

Sec. 1512. Waiver for local match requirement under community policing program.

Sec. 1513. Carjacking offenses.

Sec. 1514. Special forfeiture of collateral profits of crime.

Sec. 1515. Caller identification services to elementary and secondary schools as

part of universal service obligation.

Sec. 1516. Parent leadership model.

Sec. 1517. National media campaign against violence.

Sec. 1518. Victims of terrorism.

Sec. 1519. Truth-in-sentencing incentive grants.
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Sec. 1520. Application of provision relating to a sentence of death for an act of

animal enterprise terrorism.

Sec. 1521. Prohibitions relating to explosive materials.

Sec. 1522. District judges for districts in the States of Arizona, Florida, and Nevada.

Sec. 1523. Behavioral and social science research on youth violence.

Sec. 1524. Sense of the Senate regarding mentoring programs.

Sec. 1525. Families and Schools Together program.

Sec. 1526. Amendments relating to violent crime in Indian country and areas of

exclusive Federal jurisdiction.

Sec. 1527. Federal Judiciary Protection Act of 1999.

Sec. 1528. Local enforcement of local alcohol prohibitions that reduce juvenile

crime in remote Alaska villages.

Sec. 1529. Rule of Construction.

Sec. 1530. Bounty hunter accountability and quality assistance.

Sec. 1531. Assistance for unincorporated neighborhood watch programs.

Sec. 1532. Findings and sense of Congress.

Sec. 1533. Prohibition on promoting violence on Federal property.

Sec. 1534. Provisions relating to pawn shops and special licensees.

Sec. 1535. Extension of Brady background checks to gun shows.

Sec. 1536. Appropriate interventions and services; clarification of Federal law.

Sec. 1537. Safe schools.

Sec. 1538. School counseling.

Sec. 1539. Criminal prohibition on distribution of certain information relating

to explosives, destructive devices, and weapons of mass destruction.

Subtitle B—James Guelff Body Armor Act

Sec. 1541. Short title.

Sec. 1542. Findings.

Sec. 1543. Definitions.

Sec. 1544. Amendment of sentencing guidelines with respect to body armor.

Sec. 1545. Prohibition of purchase, use, or possession of body armor by violent

felons.

Sec. 1546. Donation of Federal surplus body armor to State and local law enforcement agencies.

Sec. 1547. Additional findings; purpose.

Sec. 1548. Matching grant programs for law enforcement bullet resistant equipment and for video cameras.

Sec. 1549. Sense of Congress.

Sec. 1550. Technology development.

Sec. 1551. Matching grant program for law enforcement armor vests.

Subtitle C—Animal Enterprise Terrorism and Ecoterrorism

Sec. 1552. Enhancement of penalties for animal enterprise terrorism.

Sec. 1553. National animal terrorism and ecoterrorism incident clearinghouse.

Subtitle D—Jail-Based Substance Abuse

Sec. 1554. Jail-based substance abuse treatment programs.

Subtitle E—Safe School Security

Sec. 1555. Short title.

Sec. 1556. Establishment of School Security Technology Center.
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Sec. 1557. Grants for local school security programs.

Sec. 1558. Safe and secure school advisory report.

Subtitle F—Internet Prohibitions

Sec. 1561. Short title.

Sec. 1562. Findings; purpose.

Sec. 1563. Prohibitions on uses of the Internet.

Sec. 1564. Effective date.

Subtitle G—Partnerships for High-Risk Youth

Sec. 1571. Short title.

Sec. 1572. Findings.

Sec. 1573. Purposes.

Sec. 1574. Establishment of demonstration project.

Sec. 1575. Eligibility.

Sec. 1576. Uses of funds.

Sec. 1577. Authorization of appropriations.

Subtitle H—National Youth Crime Prevention

Sec. 1581. Short title.

Sec. 1582. Purposes.

Sec. 1583. Establishment of National Youth Crime Prevention Demonstration

Project.

Sec. 1584. Eligibility.

Sec. 1585. Uses of funds.

Sec. 1586. Reports.

Sec. 1587. Definitions.

Sec. 1588. Authorization of appropriations.

Subtitle I—National Youth Violence Commission

Sec. 1591. Short title.

Sec. 1592. National Youth Violence Commission.

Sec. 1593. Duties of the Commission.

Sec. 1594. Powers of the Commission.

Sec. 1595. Commission personnel matters.

Sec. 1596. Authorization of appropriations.

Sec. 1597. Termination of the Commission.

Subtitle J—School Safety

Sec. 1598. Short title.

Sec. 1599. Amendments to the Individuals with Disabilities Education Act.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) at the outset of the 20th century, the States

4 adopted a separate justice system for juvenile offend5 ers;
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1 (2) violent crimes committed by juveniles, such

2 as homicide, rape, and robbery, were an unknown

3 phenomenon then, but the rate at which juveniles

4 commit such crimes has escalated astronomically

5 since that time;

6 (3) in 1994—

7 (A) the number of persons arrested overall

8 for murder in the United States decreased by 5.8

9 percent, but the number of persons who are less

10 than 15 years of age arrested for murder in11 creased by 4 percent; and

12 (B) the number of persons arrested for all

13 violent crimes increased by 1.3 percent, but the

14 number of persons who are less than 15 years of

15 age arrested for violent crimes increased by 9.2

16 percent, and the number of persons less than 18

17 years of age arrested for such crimes increased

18 by 6.5 percent;

19 (4) from 1985 to 1996, the number of persons ar20 rested for all violent crimes increased by 52.3 percent,

21 but the number of persons under age 18 arrested for

22 violent crimes rose by 75 percent;

23 (5) the number of juvenile offenders is expected

24 to undergo a massive increase during the first 2 dec25 ades of the twenty-first century, culminating in an
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1 unprecedented number of violent offenders who are

2 less than 18 years of age;

3 (6) the rehabilitative model of sentencing for ju4 veniles, which Congress rejected for adult offenders

5 when Congress enacted the Sentencing Reform Act of

6 1984, is inadequate and inappropriate for dealing

7 with many violent and repeat juvenile offenders;

8 (7) the Federal Government should encourage the

9 States to experiment with progressive solutions to the

10 escalating problem of juveniles who commit violent

11 crimes and who are repeat offenders, including pros12 ecuting such offenders as adults, but should not im13 pose specific strategies or programs on the States;

14 (8) an effective strategy for reducing violent juve15 nile crime requires greater collection of investigative

16 data and other information, such as fingerprints and

17 DNA evidence, as well as greater sharing of such

18 information—

19 (A) among Federal, State, and local agen20 cies, including the courts; and

21 (B) among the law enforcement, edu22 cational, and social service systems;

23 (9) data regarding violent juvenile offenders

24 should be made available to the adult criminal justice
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1 system if recidivism by criminals is to be addressed

2 adequately;

3 (10) holding juvenile proceedings in secret denies

4 victims of crime the opportunity to attend and be

5 heard at such proceedings, helps juvenile offenders to

6 avoid accountability for their actions, and shields ju7 venile proceedings from public scrutiny and account8 ability;

9 (11) the injuries and losses suffered by the vic10 tims of violent crime are no less painful or dev11 astating because the offender is a juvenile; and

12 (12) the prevention, investigation, prosecution,

13 adjudication, and punishment of criminal offenses

14 committed by juveniles, and the rehabilitation and

15 correction of juvenile offenders are, and should re16 main, primarily the responsibility of the States, to be

17 carried out without interference from the Federal

18 Government.

19 (b) PURPOSES.—The purposes of this Act are—

20 (1) to reform Federal juvenile justice programs

21 and policies in order to promote the emergence of ju22 venile justice systems in which the paramount con23 cerns are providing for the safety of the public and

24 holding juvenile wrongdoers accountable for their ac-
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1 tions, while providing the wrongdoer a genuine op2 portunity for self-reform;

3 (2) to revise the procedures in Federal court that

4 are applicable to the prosecution of juvenile offenders;

5 and

6 (3) to encourage and promote, consistent with

7 the ideals of federalism, adoption of policies by the

8 States to ensure that the victims of violent crimes

9 committed by juveniles receive the same level of justice

10 as do victims of violent crimes that are committed by

11 adults.

12 SEC. 3. SEVERABILITY.

13 If any provision of this Act, an amendment made by

14 this Act, or the application of such provision or amendment

15 to any person or circumstance is held to be unconstitu16 tional, the remainder of this Act, the amendments made by

17 this Act, and the application of the provisions of such to

18 any person or circumstance shall not be affected thereby.

19 TITLE I—JUVENILE JUSTICE

20 REFORM

21 SEC. 101. SURRENDER TO STATE AUTHORITIES.

22 Section 5001 of title 18, United States Code, is amend23 ed by striking the first undesignated paragraph and insert24 ing the following:
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1 ‘‘Whenever any person who is less than 18 years of

2 age is been arrested and charged with the commission of

3 an offense (or an act of delinquency that would be an offense

4 were it committed by an adult) punishable in any court

5 of the United States or of the District of Columbia, the

6 United States Attorney for the district in which such person

7 has been arrested may forego prosecution pursuant to sec8 tion 5032(a)(2) if, after investigation by the United States

9 Attorney, it appears that—

10 ‘‘(1) such person has committed an act that is

11 also an offense or an act of delinquency under the law

12 of any State or the District of Columbia;

13 ‘‘(2) such State or the District of Columbia, as

14 applicable, can and will assume jurisdiction over

15 such juvenile and will take such juvenile into custody

16 and deal with the juvenile in accordance with the law

17 of such State or the District of Columbia, as applica18 ble; and

19 ‘‘(3) it is in the best interests of the United

20 States and of the juvenile offender.’’.

21 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

22 (a) IN GENERAL.—Section 5032 of title 18, United

23 States Code, is amended to read as follows:
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1 ‘‘§ 5032. Delinquency proceedings in district courts;

2 juveniles tried as adults; transfer for

3 other criminal prosecution

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) DELINQUENCY PROCEEDINGS IN DISTRICT

6 COURTS.—A juvenile who is alleged to have com7 mitted a Federal offense shall, except as provided in

8 paragraph (2), be tried in the appropriate district

9 court of the United States—

10 ‘‘(A) in the case of an offense described in

11 subsection (c), and except as provided in sub12 section (i), if the juvenile was not less than 14

13 years of age at the time of the offense, as an

14 adult at the discretion of the United States At15 torney in the appropriate jurisdiction, upon cer16 tification by that United States Attorney (which

17 certification shall not be subject to review in or

18 by any court, except as provided in subsection

19 (d)(2)) that—

20 ‘‘(i) there is a substantial Federal in21 terest in the case or the offense to warrant

22 the exercise of Federal jurisdiction; or

23 ‘‘(ii) the ends of justice otherwise so re24 quire;

25 ‘‘(B) in the case of a felony offense that is

26 not described in subsection (c), and except as
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1 provided in subsection (i), if the juvenile was not

2 less than 14 years of age at the time of the of3 fense, as an adult, upon certification by the At4 torney General (which certification shall not be

5 subject to review in or by any court, except as

6 provided in subsection (d)(2)) that—

7 ‘‘(i) there is a substantial Federal in8 terest in the case or the offense to warrant

9 the exercise of Federal jurisdiction; or

10 ‘‘(ii) the ends of justice otherwise so re11 quire;

12 ‘‘(C) in the case of a juvenile who has, on

13 a prior occasion, been tried and convicted as an

14 adult under this section, as an adult; and

15 ‘‘(D) in all other cases, as a juvenile.

16 ‘‘(2) REFERRAL BY UNITED STATES ATTORNEY;

17 APPLICATION TO CONCURRENT JURISDICTION.—

18 ‘‘(A) IN GENERAL.—If the United States At19 torney in the appropriate jurisdiction (or in the

20 case of an offense under paragraph (1)(B), the

21 Attorney General), declines prosecution of an of22 fense under this section, the matter may be re23 ferred to the appropriate legal authorities of the

24 State or Indian tribe with jurisdiction over both

25 the offense and the juvenile.
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1 ‘‘(B) APPLICATION TO CONCURRENT JURIS2 DICTION.—The United States Attorney in the ap3 propriate jurisdiction (or, in the case of an of4 fense under paragraph (1)(B), the Attorney Gen5 eral), in cases in which both the Federal Govern6 ment and a State or Indian tribe have penal

7 provisions that criminalize the conduct at issue

8 and both have jurisdiction over the juvenile, shall

9 exercise a presumption in favor of referral pur10 suant to subparagraph (A), unless the United

11 States Attorney pursuant to paragraph (1)(A)

12 (or the Attorney General pursuant to paragraph

13 (1)(B)) certifies (which certification shall not be

14 subject to review in or by any court) that—

15 ‘‘(i) the prosecuting authority or the

16 juvenile court or other appropriate court of

17 the State or Indian tribe refuses, declines,

18 or will refuse or will decline to assume ju19 risdiction over the conduct or the juvenile;

20 and

21 ‘‘(ii) there is a substantial Federal in22 terest in the case or the offense to warrant

23 the exercise of Federal jurisdiction.

24 ‘‘(C) DEFINITION.—In this subsection, the

25 term ‘Indian tribe’ has the meaning given the
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1 term in section 4(e) of the Indian Self-Deter2 mination and Education Assistance Act (25

3 U.S.C. 450b(e)).

4 ‘‘(b) JOINDER; LESSER INCLUDED OFFENSES.—In a

5 prosecution under this section, a juvenile may be prosecuted

6 and convicted as an adult for any offense that is properly

7 joined under the Federal Rules of Criminal Procedure with

8 an offense described in subsection (c), and may also be con9 victed of a lesser included offense.

10 ‘‘(c) OFFENSES DESCRIBED.—An offense is described

11 in this subsection if it is a Federal offense that—

12 ‘‘(1) is a serious violent felony or a serious drug

13 offense (as those terms are defined in section 3559(c),

14 except that section 3559(c)(3) does not apply to this

15 subsection); or

16 ‘‘(2) is a conspiracy or an attempt to commit an

17 offense described in paragraph (1).

18 ‘‘(d) WAIVER TO JUVENILE STATUS IN CERTAIN

19 CASES; LIMITATIONS ON JUDICIAL REVIEW.—

20 ‘‘(1) IN GENERAL.—Except as otherwise provided

21 in this subsection, a determination to approve or not

22 to approve, or to institute or not to institute, a pros23 ecution under subsection (a)(1) shall not be reviewable

24 in any court.
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1 ‘‘(2) DETERMINATION BY COURT ON TRIAL AS

2 ADULT OF CERTAIN JUVENILE.—In any prosecution of

3 a juvenile under subsection (a)(1)(A) if the juvenile

4 was less than 16 years of age at the time of the of5 fense, or under subsection (a)(1)(B), upon motion of

6 the defendant and after a hearing, the court in which

7 criminal charges have been filed shall determine

8 whether to issue an order to provide for the transfer

9 of the defendant to juvenile status for the purposes of

10 proceeding against the defendant or for referral under

11 subsection (a).

12 ‘‘(3) TIME REQUIREMENTS.—A motion by a de13 fendant under paragraph (2) shall not be considered

14 unless that motion is filed not later than 30 days

15 after the date on which the defendant—

16 ‘‘(A) appears through counsel to answer an

17 indictment; or

18 ‘‘(B) expressly waives the right to counsel

19 and elects to proceed pro se.

20 ‘‘(4) PROHIBITION.—The court shall not order

21 the transfer of a defendant to juvenile status under

22 paragraph (2) unless the defendant establishes by a

23 preponderance of the evidence or information that re24 moval to juvenile status would be in the interest of
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1 justice. In making a determination under paragraph

2 (2), the court may consider—

3 ‘‘(A) the nature of the alleged offense, in4 cluding the extent to which the juvenile played a

5 leadership role in an organization, or otherwise

6 influenced other persons to take part in criminal

7 activities;

8 ‘‘(B) whether prosecution of the juvenile as

9 an adult is necessary to protect property or pub10 lic safety;

11 ‘‘(C) the age and social background of the

12 juvenile;

13 ‘‘(D) the extent and nature of the prior

14 criminal or delinquency record of the juvenile;

15 ‘‘(E) the intellectual development and psy16 chological maturity of the juvenile;

17 ‘‘(F) the nature of any treatment efforts and

18 the response of the juvenile to those efforts; and

19 ‘‘(G) the availability of programs designed

20 to treat any identified behavioral problems of the

21 juvenile.

22 ‘‘(5) STATUS OF ORDERS.—

23 ‘‘(A) IN GENERAL.—An order of the court

24 made in ruling on a motion by a defendant to

25 transfer a defendant to juvenile status under this
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1 subsection shall not be a final order for the pur2 pose of enabling an appeal, except that an ap3 peal by the United States shall lie to a court of

4 appeals pursuant to section 3731 from an order

5 of a district court removing a defendant to juve6 nile status.

7 ‘‘(B) APPEALS.—Upon receipt of a notice of

8 appeal of an order under this paragraph, a court

9 of appeals shall hear and determine the appeal

10 on an expedited basis.

11 ‘‘(6) INADMISSIBILITY OF EVIDENCE.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraph (B), no statement made by a de14 fendant during or in connection with a hearing

15 under this subsection shall be admissible against

16 the defendant in any criminal prosecution.

17 ‘‘(B) EXCEPTIONS.—The prohibition under

18 subparagraph (A) shall apply, except—

19 ‘‘(i) for impeachment purposes; or

20 ‘‘(ii) in a prosecution for perjury or

21 giving a false statement.

22 ‘‘(7) RULES.—The rules concerning the receipt

23 and admissibility of evidence under this subsection

24 shall be the same as prescribed in section 3142(f).
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1 ‘‘(e) APPLICABLE PROCEDURES.—Any prosecution in

2 a district court of the United States under this section—

3 ‘‘(1) in the case of a juvenile tried as an adult

4 under subsection (a), shall proceed in the same man5 ner as is required by this title and by the Federal

6 Rules of Criminal Procedure in any proceeding

7 against an adult; and

8 ‘‘(2) in all other cases, shall proceed in accord9 ance with this chapter, unless the juvenile has re10 quested in writing, upon advice of counsel, to be pro11 ceeded against as an adult.

12 ‘‘(f) APPLICATION OF LAWS.—

13 ‘‘(1) APPLICABILITY OF SENTENCING PROVI14 SIONS.—

15 ‘‘(A) IN GENERAL.—Except as otherwise

16 provided in this chapter, and subject to subpara17 graph (C) of this paragraph, in any case in

18 which a juvenile is prosecuted in a district court

19 of the United States as an adult, the juvenile

20 shall be subject to the same laws, rules, and pro21 ceedings regarding sentencing (including the

22 availability of probation, restitution, fines, for23 feiture, imprisonment, and supervised release)

24 that would be applicable in the case of an adult,

25 except that no person shall be subject to the death
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1 penalty for an offense committed before the per2 son attains the age of 18 years.

3 ‘‘(B) STATUS AS ADULT.—No juvenile sen4 tenced to a term of imprisonment shall be re5 leased from custody on the basis that the juvenile

6 has attained the age of 18 years.

7 ‘‘(C) APPLICABLE GUIDELINES.—Each juve8 nile tried as an adult shall be sentenced in ac9 cordance with the Federal sentencing guidelines

10 promulgated under section 994(z) of title 28,

11 United States Code, once such guidelines are

12 promulgated and take effect.

13 ‘‘(2) APPLICABILITY OF MANDATORY RESTITU14 TION PROVISIONS TO CERTAIN JUVENILES.—If a juve15 nile is tried as an adult for any offense to which the

16 mandatory restitution provisions of sections 3663A,

17 2248, 2259, 2264, and 2323 apply, those sections shall

18 apply to that juvenile in the same manner and to the

19 same extent as those provisions apply to adults.

20 ‘‘(g) OPEN PROCEEDINGS.—

21 ‘‘(1) IN GENERAL.—Any offense tried or adju22 dicated in a district court of the United States under

23 this section shall be open to the general public, in ac24 cordance with rules 10, 26, 31(a), and 53 of the Fed25 eral Rules of Criminal Procedure, unless good cause
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1 is established by the moving party or is otherwise

2 found by the court, for closure.

3 ‘‘(2) STATUS ALONE INSUFFICIENT.—The status

4 of the defendant as a juvenile, absent other factors,

5 shall not constitute good cause for purposes of this

6 subsection.

7 ‘‘(h) AVAILABILITY OF RECORDS.—

8 ‘‘(1) IN GENERAL.—In making a determination

9 concerning the arrest or prosecution of a juvenile in

10 a district court of the United States under this sec11 tion, the United States Attorney of the appropriate

12 jurisdiction, or, as appropriate, the Attorney General,

13 shall have complete access to the prior Federal juve14 nile records of the subject juvenile and, to the extent

15 permitted by State law, the prior State juvenile

16 records of the subject juvenile.

17 ‘‘(2) CONSIDERATION OF ENTIRE RECORD.—In

18 any case in which a juvenile is found guilty or adju19 dicated delinquent in an action under this section, the

20 district court responsible for imposing sentence shall

21 have complete access to the prior Federal juvenile

22 records of the subject juvenile and, to the extent per23 mitted under State law, the prior State juvenile

24 records of the subject juvenile. At sentencing, the dis-
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1 trict court shall consider the entire available prior ju2 venile record of the subject juvenile.

3 ‘‘(i) APPLICATION TO INDIAN COUNTRY.—Notwith4 standing sections 1152 and 1153, certification under sub5 paragraph (A) or (B) of subsection (a)(1) shall not be made

6 nor granted with respect to a juvenile who is subject to the

7 criminal jurisdiction of an Indian tribal government if the

8 juvenile is less than 15 years of age at the time of offense

9 and is alleged to have committed an offense for which there

10 would be Federal jurisdiction based solely on commission

11 of the offense in Indian country (as defined in section

12 1151), unless the governing body of the tribe having juris13 diction over the place where the alleged offense was com14 mitted has, before the occurrence of the alleged offense, noti15 fied the Attorney General in writing of its election that

16 prosecution as an adult may take place under this section.’’.

17 (b) CONFORMING AMENDMENTS.—

18 (1) CHAPTER ANALYSIS.—The analysis for chap19 ter 403 of title 18, United States Code, is amended

20 by striking the item relating to section 5032 and in21 serting the following:

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults; transfer for other criminal prosecution.’’.

22 (2) ADULT SENTENCING.—Section 3553 of title

23 18, United States Code, is amended by adding at the

24 end the following:
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1 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

2 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

3 YOUNGER THAN 16.—Notwithstanding any other provision

4 of law, in the case of a defendant convicted for conduct that

5 occurred before the juvenile attained the age of 16 years,

6 the court shall impose a sentence without regard to any

7 statutory minimum sentence, if the court finds at sen8 tencing, after affording the Government an opportunity to

9 make a recommendation, that the juvenile has not been pre10 viously adjudicated delinquent for, or convicted of, a serious

11 violent felony or a serious drug offense (as those terms are

12 defined in section 3559(c)).

13 ‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY IN

14 FEDERAL SENTENCING.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) SENTENCING GUIDELINES.—Pursuant

17 to its authority under section 994 of title 28, the

18 United States Sentencing Commission (referred

19 to in this subsection as the ‘Commission’) shall

20 amend the Federal sentencing guidelines to pro21 vide that, in determining the criminal history

22 score under the Federal sentencing guidelines for

23 any adult offender or any juvenile offender being

24 sentenced as an adult, prior juvenile convictions

25 and adjudications for offenses described in para-
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1 graph (2) shall receive a score similar to that

2 which the defendant would have received if those

3 offenses had been committed by the defendant as

4 an adult, if any portion of the sentence for the

5 offense was imposed or served within 15 years

6 after the commencement of the instant offense.

7 ‘‘(B) REVIEWS.—The Commission shall re8 view the criminal history treatment of juvenile

9 adjudications or convictions for offenses other

10 than those described in paragraph (2) to deter11 mine whether the treatment should be adjusted as

12 described in subparagraph (A), and make any

13 amendments to the Federal sentencing guidelines

14 as necessary to make whatever adjustments the

15 Commission concludes are necessary to imple16 ment the results of the review.

17 ‘‘(2) OFFENSES DESCRIBED.—The offenses de18 scribed in this paragraph include any—

19 ‘‘(A) crime of violence;

20 ‘‘(B) controlled substance offense;

21 ‘‘(C) other offense for which the defendant

22 received a sentence or disposition of imprison23 ment of 1 year or more; and
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1 ‘‘(D) other offense punishable by a term of

2 imprisonment of more than 1 year for which the

3 defendant was prosecuted as an adult.

4 ‘‘(3) DEFINITIONS.—The Federal sentencing

5 guidelines described in paragraph (1) shall define the

6 terms ‘crime of violence’ and ‘controlled substance of7 fense’ in substantially the same manner as those

8 terms are defined in Guideline Section 4B1.2 of the

9 November 1, 1995, Guidelines Manual.

10 ‘‘(4) JUVENILE ADJUDICATIONS.—In carrying

11 out this subsection, the Commission—

12 ‘‘(A) shall assign criminal history points

13 for juvenile adjudications based principally on

14 the nature of the acts committed by the juvenile;

15 an

16 ‘‘(B) may provide for some adjustment of

17 the score in light of the length of sentence the ju18 venile received.

19 ‘‘(5) EMERGENCY AUTHORITY.—The Commission

20 shall promulgate the Federal sentencing guidelines

21 and amendments under this subsection as soon as

22 practicable, and in any event not later than 90 days

23 after the date of enactment of the Violent and Repeat

24 Juvenile Offender Accountability and Rehabilitation

25 Act of 1999, in accordance with the procedures set
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1 forth in section 21(a) of the Sentencing Act of 1987,

2 as though the authority under that authority had not

3 expired, except that the Commission shall submit to

4 Congress the emergency guidelines or amendments

5 promulgated under this section, and shall set an effec6 tive date for those guidelines or amendments not ear7 lier than 30 days after their submission to Congress.

8 ‘‘(6) CAREER OFFENDER DETERMINATION.—Pur9 suant to its authority under section 994 of title 28,

10 the Commission shall amend the Federal sentencing

11 guidelines to provide for inclusion, in any determina12 tion regarding whether a juvenile or adult defendant

13 is a career offender under section 994(h) of title 28,

14 and any computation of the sentence that any defend15 ant found to be a career offender should receive, of

16 any act for which the defendant was previously con17 victed or adjudicated delinquent as a juvenile that

18 would be a felony covered by that section if it had

19 been committed by the defendant as an adult.’’.

20 SEC. 103. DEFINITIONS.

21 Section 5031 of title 18, United States Code, is amend22 ed to read as follows:

23 ‘‘§ 5031. Definitions

24 ‘‘In this chapter:
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1 ‘‘(1) ADULT INMATE.—The term ‘adult inmate’

2 means an individual who has attained the age of 18

3 years and who is in custody for, awaiting trial on,

4 or convicted of criminal charges committed while an

5 adult or an act of juvenile delinquency committed

6 while a juvenile.

7 ‘‘(2) JUVENILE.—The term ‘juvenile’ means—

8 ‘‘(A) a person who has not attained the age

9 of 18 years; or

10 ‘‘(B) for the purpose of proceedings and dis11 position under this chapter for an alleged act of

12 juvenile delinquency, a person who has not at13 tained the age of 21 years.

14 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘juve15 nile delinquency’ means the violation of a law of the

16 United States committed by a person before the eight17 eenth birthday of that person, if the violation—

18 ‘‘(A) would have been a crime if committed

19 by an adult; or

20 ‘‘(B) is a violation of section 922(x).

21 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—

22 ‘‘(A) IN GENERAL.—The term ‘prohibited

23 physical contact’ means—

24 ‘‘(i) any physical contact between a ju25 venile and an adult inmate; and
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1 ‘‘(ii) proximity that provides an op2 portunity for physical contact between a ju3 venile and an adult inmate.

4 ‘‘(B) EXCLUSION.—The term does not in5 clude supervised proximity between a juvenile

6 and an adult inmate that is brief and inad7 vertent, or accidental, in secure areas of a facil8 ity that are not dedicated to use by juvenile of9 fenders and that are nonresidential, which may

10 include dining, recreational, educational, voca11 tional, health care, entry areas, and passage12 ways.

13 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—

14 ‘‘(A) IN GENERAL.—The term ‘sustained

15 oral communication’ means the imparting or

16 interchange of speech by or between a juvenile

17 and an adult inmate.

18 ‘‘(B) EXCEPTION.—The term does not

19 include—

20 ‘‘(i) communication that is accidental

21 or incidental; or

22 ‘‘(ii) sounds or noises that cannot rea23 sonably be considered to be speech.

24 ‘‘(6) STATE.—The term ‘State’ includes a State

25 of the United States, the District of Columbia, any
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1 commonwealth, territory, or possession of the United

2 States and, with regard to an act of juvenile delin3 quency that would have been a misdemeanor if com4 mitted by an adult, an Indian tribe (as defined in

5 section 4(e) of the Indian Self-Determination and

6 Education Assistance Act (25 U.S.C. 4506(e))).

7 ‘‘(7) VIOLENT JUVENILE.—The term ‘violent ju8 venile’ means any juvenile who is alleged to have

9 committed, has been adjudicated delinquent for, or

10 has been convicted of an offense that, if committed by

11 an adult, would be a crime of violence (as defined in

12 section 16).’’.

13 SEC. 104. NOTIFICATION AFTER ARREST.

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

15 amended—

16 (1) in the first sentence, by striking ‘‘imme17 diately notify the Attorney General and’’ and insert18 ing the following: ‘‘immediately, or as soon as prac19 ticable thereafter, notify the United States Attorney of

20 the appropriate jurisdiction and shall promptly take

21 reasonable steps to notify’’; and

22 (2) in the second sentence of the second undesig23 nated paragraph, by inserting before the period at the

24 end the following: ‘‘, and the juvenile shall not be sub25 ject to detention under conditions that permit prohib-
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1 ited physical contact with adult inmates or in which

2 the juvenile and an adult inmate can engage in sus3 tained oral communication’’.

4 SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSI5 TION.

6 (a) DUTIES OF MAGISTRATE.—Section 5034 of title

7 18, United States Code, is amended—

8 (1) by striking ‘‘The magistrate shall insure’’

9 and inserting the following:

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) REPRESENTATION BY COUNSEL.—The mag12 istrate shall ensure’’;

13 (2) by striking ‘‘The magistrate may appoint’’

14 and inserting the following:

15 ‘‘(2) GUARDIAN AD LITEM.—The magistrate may

16 appoint’’;

17 (3) by striking ‘‘If the juvenile’’ and inserting

18 the following:

19 ‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as

20 provided in subsection (c), if the juvenile’’; and

21 (4) by adding at the end the following:

22 ‘‘(c) RELEASE OF CERTAIN JUVENILES.—A juvenile

23 who is to be tried as an adult pursuant to section 5032

24 shall be released pending trial only in accordance with the

25 applicable provisions of chapter 207. The release shall be
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1 conducted in the same manner and shall be subject to the

2 same terms, conditions, and sanctions for violation of a re3 lease condition as provided for an adult under chapter 207.

4 ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE

5 ON RELEASE.—

6 ‘‘(1) IN GENERAL.—A juvenile alleged to have

7 committed, while on release under this section, an of8 fense that, if committed by an adult, would be a Fed9 eral criminal offense, shall be subject to prosecution

10 under section 5032.

11 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.—

12 Section 3147 shall apply to a juvenile who is to be

13 tried as an adult pursuant to section 5032 for an of14 fense committed while on release under this section.’’.

15 (b) DETENTION PRIOR TO DISPOSITION.—Section

16 5035 of title 18, United States Code, is amended—

17 (1) by striking ‘‘A juvenile’’ and inserting the

18 following:

19 ‘‘(a) IN GENERAL.—Except as provided in subsection

20 (b), a juvenile’’;

21 (2) in subsection (a), as redesignated—

22 (A) in the third sentence, by striking ‘‘reg23 ular contact’’ and inserting ‘‘prohibited physical

24 contact or sustained oral communication’’; and
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1 (B) after the fourth sentence, by inserting

2 the following: ‘‘To the extent practicable, violent

3 juveniles shall be kept separate from nonviolent

4 juveniles.’’; and

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

6 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—

7 ‘‘(1) IN GENERAL.—A juvenile who is to be tried

8 as an adult pursuant to section 5032 shall be subject

9 to detention in accordance with chapter 207 in the

10 same manner, to the same extent, and subject to the

11 same terms and conditions as an adult would be sub12 ject to under that chapter.

13 ‘‘(2) EXCEPTION.—A juvenile shall not be de14 tained or confined in any institution in which the ju15 venile has prohibited physical contact or sustained

16 oral communication with adult inmates. To the extent

17 practicable, violent juveniles shall be kept separate

18 from nonviolent juveniles.’’.

19 SEC. 106. SPEEDY TRIAL.

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

21 amended—

22 (1) by inserting ‘‘who is to be proceeded against

23 as a juvenile pursuant to section 5032 and’’ after ‘‘If

24 an alleged delinquent’’;

25 (2) by striking ‘‘thirty’’ and inserting ‘‘70’’; and
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1 (3) by striking ‘‘the court,’’ and all that follows

2 through the end of the section and inserting the fol3 lowing: ‘‘the court. The periods of exclusion under sec4 tion 3161(h) shall apply to this section. In deter5 mining whether an information should be dismissed

6 with or without prejudice, the court shall consider the

7 seriousness of the alleged act of juvenile delinquency,

8 the facts and circumstances of the case that led to the

9 dismissal, and the impact of a reprosecution on the

10 administration of justice.’’.

11 SEC. 107. DISPOSITIONAL HEARINGS.

12 Section 5037 of title 18, United States Code, is

13 amended—

14 (1) by striking subsection (a) and inserting the

15 following:

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) DISPOSITIONAL HEARING.—

18 ‘‘(A) IN GENERAL.—In a proceeding under

19 section 5032(a)(1)(D), if the court finds a juve20 nile to be a juvenile delinquent, the court shall

21 hold a hearing concerning the appropriate dis22 position of the juvenile not later than 40 court

23 days after the finding of juvenile delinquency,

24 unless the court has ordered further study pursu25 ant to subsection (e).
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1 ‘‘(B) PREDISPOSITION REPORT.—A pre2 disposition report shall be prepared by the pro3 bation officer, who shall promptly provide a

4 copy to the juvenile, the juvenile’s counsel, and

5 the attorney for the Government. Victim impact

6 information shall be included in the predisposi7 tion report, and victims or, in appropriate cases,

8 their official representatives, shall be provided

9 the opportunity to make a statement to the court

10 in person or to present any information in rela11 tion to the disposition.

12 ‘‘(2) ACTIONS OF COURT AFTER HEARING.—After

13 a dispositional hearing under paragraph (1), after

14 considering any pertinent policy statements promul15 gated by the United States Sentencing Commission

16 pursuant to section 994 of title 28, and in conform17 ance with any guidelines promulgated by the United

18 States Sentencing Commission pursuant to section

19 994(z)(1)(B) of title 28, the court shall—

20 ‘‘(A) place the juvenile on probation or com21 mit the juvenile to official detention (including

22 the possibility of a term of supervised release),

23 and impose any fine that would be authorized if

24 the juvenile had been tried and convicted as an

25 adult; and
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1 ‘‘(B) enter an order of restitution pursuant

2 to section 3663.’’;

3 (2) in subsection (b)—

4 (A) in the matter preceding paragraph (1),

5 by inserting ‘‘or supervised release’’ after ‘‘proba6 tion’’;

7 (B) by striking ‘‘extend—’’ and all that fol8 lows through ‘‘The provisions’’ and inserting the

9 following: ‘‘extend, in the case of a juvenile, be10 yond the maximum term of probation that would

11 be authorized by section 3561, or beyond the

12 maximum term of supervised release authorized

13 by section 3583, if the juvenile had been tried

14 and convicted as an adult. The provisions deal15 ing with supervised release set forth in section

16 3583 and the provisions’’; and

17 (C) in the last sentence, by inserting ‘‘or su18 pervised release’’ after ‘‘on probation’’; and

19 (3) in subsection (c), by striking ‘‘may not ex20 tend—’’ and all that follows through ‘‘Section 3624’’

21 and inserting the following: ‘‘may not extend beyond

22 the earlier of the 26th birthday of the juvenile or the

23 termination date of the maximum term of imprison24 ment, exclusive of any term of supervised release, that

25 would be authorized if the juvenile had been tried and
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1 convicted as an adult. No juvenile sentenced to a term

2 of imprisonment shall be released from custody sim3 ply because the juvenile attains the age of 18 years.

4 Section 3624’’.

5 SEC. 108. USE OF JUVENILE RECORDS.

6 Section 5038 of title 18, United States Code, is amend7 ed to read as follows:

8 ‘‘§ 5038. Use of juvenile records

9 ‘‘(a) IN GENERAL.—Throughout a juvenile delin10 quency proceeding under section 5032 or 5037, the records

11 of such proceeding shall be safeguarded from disclosure to

12 unauthorized persons, and shall only be released to the ex13 tent necessary for purposes of—

14 ‘‘(1) compliance with section 5032(h);

15 ‘‘(2) docketing and processing by the court;

16 ‘‘(3) responding to an inquiry received from an17 other court of law;

18 ‘‘(4) responding to an inquiry from an agency

19 preparing a presentence report for another court;

20 ‘‘(5) responding to an inquiry from a law en21 forcement agency, if the request for information is re22 lated to the investigation of a crime or a position

23 within that agency or analysis requested by the Attor24 ney General;
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1 ‘‘(6) responding to a written inquiry from the

2 director of a treatment agency or the director of a fa3 cility to which the juvenile has been committed by the

4 court;

5 ‘‘(7) responding to an inquiry from an agency

6 considering the person for a position immediately and

7 directly affecting national security;

8 ‘‘(8) responding to an inquiry from any victim

9 of such juvenile delinquency or, if the victim is de10 ceased, from a member of the immediate family of the

11 victim, related to the final disposition of such juvenile

12 by the court in accordance with section 5032 or 5037,

13 as applicable; and

14 ‘‘(9) communicating with a victim of such juve15 nile delinquency or, in appropriate cases, with the of16 ficial representative of a victim, in order to—

17 ‘‘(A) apprise the victim or representative of

18 the status or disposition of the proceeding;

19 ‘‘(B) effectuate any other provision of law;

20 or

21 ‘‘(C) assist in the allocution at disposition

22 of the victim or the representative of the victim.

23 ‘‘(b) RECORDS OF ADJUDICATION.—

24 ‘‘(1) TRANSMISSION TO FBI.—Upon an adjudica25 tion of delinquency under section 5032 or 5037, the
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1 court shall transmit to the Director of the Federal

2 Bureau of Investigation a record of such adjudication.

3 ‘‘(2) MAINTAINING RECORDS.—The Director of

4 the Federal Bureau of Investigation shall maintain,

5 in the central repository of the Federal Bureau of In6 vestigation, in accordance with the established prac7 tices and policies relating to adult criminal history

8 records of the Federal Bureau of Investigation—

9 ‘‘(A) a fingerprint supported record of the

10 Federal adjudication of delinquency of any juve11 nile who commits an act that, if committed by

12 an adult, would constitute the offense of murder,

13 armed robbery, rape (except statutory rape), or

14 a felony offense involving sexual molestation of a

15 child, or a conspiracy or attempt to commit any

16 such offense, that is equivalent to, and main17 tained and disseminated in the same manner

18 and for the same purposes, as are adult criminal

19 history records for the same offenses; and

20 ‘‘(B) a fingerprint supported record of the

21 Federal adjudication of delinquency of any juve22 nile who commits an act that, if committed by

23 an adult, would be any felony offense (other than

24 an offense described in subparagraph (A)) that is

25 equivalent to, and maintained and disseminated
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1 in the same manner, as are adult criminal his2 tory records for the same offenses—

3 ‘‘(i) for use by and within the criminal

4 justice system for the detection, apprehen5 sion, detention, pretrial release, post-trial

6 release, prosecution, adjudication, sen7 tencing, disposition, correctional super8 vision, or rehabilitation of an accused per9 son, criminal offender, or juvenile delin10 quent; and

11 ‘‘(ii) for purposes of responding to an

12 inquiry from an agency considering the

13 subject of the record for a position or clear14 ance immediately and directly affecting na15 tional security.

16 ‘‘(3) AVAILABILITY OF RECORDS TO SCHOOLS IN

17 CERTAIN CIRCUMSTANCES.—Notwithstanding para18 graph (2), the Director of the Federal Bureau of In19 vestigation shall make an adjudication record of a ju20 venile maintained pursuant to subparagraph (A) or

21 (B) of that paragraph, or conviction record described

22 in subsection (d), available to an official of an ele23 mentary, secondary, or post-secondary school, in ap24 propriate circumstances (as defined by and under

25 rules issued by the Attorney General), if—
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1 ‘‘(A) the subject of the record is a student

2 enrolled at the school, or a juvenile who seeks, in3 tends, or is instructed to enroll at that school;

4 ‘‘(B) the school official is subject to the same

5 standards and penalties under applicable Fed6 eral and State law relating to the handling and

7 disclosure of information contained in juvenile

8 adjudication records as are employees of law en9 forcement and juvenile justice agencies in the

10 State; and

11 ‘‘(C) information contained in the record is

12 not used for the sole purpose of denying admis13 sion.

14 ‘‘(c) NOTIFICATION OF RIGHTS.—A district court of

15 the United States that exercises jurisdiction over a juvenile

16 shall notify the juvenile, and a parent or guardian of the

17 juvenile, in writing, and in clear and nontechnical lan18 guage, of the rights of the juvenile relating to the adjudica19 tion record of the juvenile. Any juvenile may petition the

20 court after a period of 5 years to have a record relating

21 to such juvenile and described in this section (except a

22 record relating to an offense described in subsection

23 (b)(2)(A)) removed from the Federal Bureau of Investiga24 tion database if that juvenile can establish by clear and
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1 convincing evidence that the juvenile is no longer a danger

2 to the community.

3 ‘‘(d) RECORDS OF JUVENILES TRIED AS ADULTS.—

4 In any case in which a juvenile is tried as an adult in

5 Federal court, the Federal criminal record of the juvenile

6 shall be made available in the same manner as is applicable

7 to the records of adult defendants.’’.

8 SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVE9 NILE OFFENDERS.

10 (a) IN GENERAL.—Section 5039 of title 18, United

11 States Code, is amended to read as follows:

12 ‘‘§ 5039. Implementation of a sentence

13 ‘‘(a) IN GENERAL.—Except as otherwise provided in

14 this chapter, the sentence for a juvenile who is adjudicated

15 delinquent or found guilty of an offense under any pro16 ceeding in a district court of the United States under sec17 tion 5032 shall be carried out in the same manner as for

18 an adult defendant.

19 ‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION, AND

20 SUPERVISED RELEASE.—Subject to subsection (d), the im21 plementation of a sentence of imprisonment is governed by

22 subchapter C of chapter 229 and, if the sentence includes

23 a term of probation or supervised release, by subchapter A

24 of chapter 229.
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1 ‘‘(c) SENTENCES OF FINES AND ORDERS OF RESTITU2 TION; SPECIAL ASSESSMENTS.—

3 ‘‘(1) IN GENERAL.—A sentence of a fine, an

4 order of restitution, or a special assessment under sec5 tion 3013 shall be implemented and collected in the

6 same manner as for an adult defendant.

7 ‘‘(2) PROHIBITION.—The parent, guardian, or

8 custodian of a juvenile sentenced to pay a fine may

9 not be made liable for such payment by any court.

10 ‘‘(d) SEGREGATION OF JUVENILES; CONDITIONS OF

11 CONFINEMENT.—

12 ‘‘(1) IN GENERAL.—No juvenile committed for

13 incarceration, whether pursuant to an adjudication of

14 delinquency or conviction for an offense, to the cus15 tody of the Attorney General may, before the juvenile

16 attains the age of 18 years, be placed or retained in

17 any jail or correctional institution in which the juve18 nile has prohibited physical contact with adult in19 mate or can engage in sustained oral communication

20 with adult inmates. To the extent practicable, violent

21 juveniles shall be kept separate from nonviolent juve22 niles.

23 ‘‘(2) REQUIREMENTS.—Each juvenile who is

24 committed for incarceration shall be provided with—
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1 ‘‘(A) adequate food, heat, light, sanitary fa2 cilities, bedding, clothing, and recreation; and

3 ‘‘(B) as appropriate, counseling, education,

4 training, and medical care (including necessary

5 psychiatric, psychological, or other care or treat6 ment).

7 ‘‘(3) COMMITMENT TO FOSTER HOME OR COMMU8 NITY-BASED FACILITY.—Except in the case of a juve9 nile who is found guilty of a violent felony or who is

10 adjudicated delinquent for an offense that would be a

11 violent felony if the juvenile had been prosecuted as

12 an adult, the Attorney General shall commit a juve13 nile to a foster home or community-based facility lo14 cated in or near his home community if that commit15 ment is—

16 ‘‘(A) practicable;

17 ‘‘(B) in the best interest of the juvenile; and

18 ‘‘(C) consistent with the safety of the com19 munity.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 chapter 403 of title 18, United States Code, is amended by

22 striking the item relating to section 5039 and inserting the

23 following:

‘‘5039. Implementation of a sentence.’’.
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1 SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JU2 VENILE DEFENDANTS.

3 Section 3401(g) of title 18, United States Code, is

4 amended—

5 (1) in the second sentence, by inserting after

6 ‘‘magistrate judge may, in any’’ the following: ‘‘class

7 A misdemeanor or any’’; and

8 (2) in the third sentence, by striking ‘‘, except

9 that no’’ and all that follows before the period at the

10 end of the subsection.

11 SEC. 111. FEDERAL SENTENCING GUIDELINES.

12 (a) APPLICATION OF GUIDELINES TO CERTAIN JUVE13 NILE DEFENDANTS.—Section 994(h) of title 28, United

14 States Code, is amended by inserting ‘‘, or in which the

15 defendant is a juvenile who is tried as an adult,’’ after ‘‘old

16 or older’’.

17 (b) GUIDELINES FOR JUVENILE CASES.—

18 (1) IN GENERAL.—Section 994 of title 28,

19 United States Code, is amended by adding at the end

20 the following:

21 ‘‘(z) GUIDELINES FOR JUVENILE CASES.—

22 ‘‘(1) IN GENERAL.—Not later than 1 year after

23 the date of enactment of the Violent and Repeat Juve24 nile Offender Accountability and Rehabilitation Act

25 of 1999, the Commission, by affirmative vote of not

26 less than 4 members of the Commission, and pursuant
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1 to its rules and regulations and consistent with all

2 pertinent provisions of any Federal statute, shall pro3 mulgate and distribute to all courts of the United

4 States and to the United States Probation System—

5 ‘‘(A) guidelines, as described in this section,

6 for use by a sentencing court in determining the

7 sentence to be imposed in a criminal case if the

8 defendant committed the offense as a juvenile,

9 and is tried as an adult pursuant to section

10 5032 of title 18, United States Code; and

11 ‘‘(B) guidelines, as described in this section,

12 for use by a court in determining the sentence to

13 be imposed on a juvenile adjudicated delinquent

14 pursuant to section 5032 of title 18, United

15 States Code, and sentenced pursuant to a

16 dispositional hearing under section 5037 of title

17 18, United States Code.

18 ‘‘(2) DETERMINATIONS.—In carrying out this

19 subsection, the Commission shall make the determina20 tions required by subsection (a)(1) and promulgate

21 the policy statements and guidelines required by

22 paragraphs (2) and (3) of subsection (a).

23 ‘‘(3) CONSIDERATIONS.—In addition to any

24 other considerations required by this section, the Com25 mission, in promulgating guidelines—
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1 ‘‘(A) pursuant to paragraph (1)(A), shall

2 presume the appropriateness of adult sentencing

3 provisions, but may make such adjustments to

4 sentence lengths and to provisions governing

5 downward departures from the guidelines as re6 flect the specific interests and circumstances of

7 juvenile defendants; and

8 ‘‘(B) pursuant to paragraph (1)(B), shall

9 ensure that the guidelines—

10 ‘‘(i) reflect the broad range of sen11 tencing options available to the court under

12 section 5037 of title 18, United States Code;

13 and

14 ‘‘(ii) effectuate a policy of an account15 ability-based juvenile justice system that

16 provides substantial and appropriate sanc17 tions, that are graduated to reflect the sever18 ity or repeated nature of violations, for each

19 delinquent act, and reflect the specific inter20 ests and circumstances of juvenile defend21 ants.

22 ‘‘(4) REVIEW PERIOD.—The review period speci23 fied by subsection (p) applies to guidelines promul24 gated pursuant to this subsection and any amend25 ments to those guidelines.’’.
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1 (2) TECHNICAL CORRECTION TO ASSURE COMPLI2 ANCE OF SENTENCING GUIDELINES WITH PROVISIONS

3 OF ALL FEDERAL STATUTES.—Section 994(a) of title

4 28, United States Code, is amended by striking ‘‘con5 sistent with all pertinent provisions of this title and

6 title 18, United States Code,’’ and inserting ‘‘con7 sistent with all pertinent provisions of any Federal

8 statute’’.

9 SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURIS10 DICTION.

11 Not later than 18 months after the date of enactment

12 of this Act, the Attorney General shall conduct a study of

13 the juvenile justice systems of Indian tribes (as defined in

14 section 4(e) of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450b(e))) and shall report

16 to the Chairman and Ranking Member of the Committee

17 on the Judiciary and the Committee on Indian Affairs of

18 the Senate and the Chairman and Ranking Member of the

19 Committee on the Judiciary of the House of Representatives

20 on—

21 (1) the extent to which tribal governments are

22 equipped to adjudicate felonies, misdemeanors, and

23 acts of delinquency committed by juveniles subject to

24 tribal jurisdiction; and
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1 (2) the need for and benefits from expanding the

2 jurisdiction of tribal courts and the authority to im3 pose the same sentences that can be imposed by Fed4 eral or State courts on such juveniles.

5 TITLE II—JUVENILE GANGS

6 SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN

7 CRIMINAL STREET GANG ACTIVITY.

8 (a) PROHIBITED ACTS.—Chapter 26 of title 18, United

9 States Code, is amended by adding at the end the following:

10 ‘‘§ 522. Recruitment of persons to participate in crimi11 nal street gang activity

12 ‘‘(a) PROHIBITED ACT.—It shall be unlawful for any

13 person, to use any facility in, or travel in, interstate or

14 foreign commerce, or cause another to do so, to recruit, so15 licit, induce, command, or cause another person to be or

16 remain as a member of a criminal street gang, or conspire

17 to do so, with the intent that the person being recruited,

18 solicited, induced, commanded or caused to be or remain

19 a member of such gang participate in an offense described

20 in section 521(c) of this title.

21 ‘‘(b) PENALTIES.—Any person who violates subsection

22 (a) shall—

23 ‘‘(1) if the person recruited, solicited, induced,

24 commanded, or caused—
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1 ‘‘(A) is a minor, be imprisoned not less

2 than 4 years and not more than 10 years, fined

3 in accordance with this title, or both; or

4 ‘‘(B) is not a minor, be imprisoned not less

5 than 1 year and not more than 10 years, fined

6 in accordance with this title, or both; and

7 ‘‘(2) be liable for any costs incurred by the Fed8 eral Government or by any State or local government

9 for housing, maintaining, and treating the minor

10 until the minor attains the age of 18 years.

11 ‘‘(c) DEFINITIONS.—In this section:

12 ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi13 nal street gang’ has the meaning given the term in

14 section 521.

15 ‘‘(2) MINOR.—The term ‘minor’ means a person

16 who is younger than 18 years of age.’’.

17 (b) CONFORMING AMENDMENT.—The analysis for

18 chapter 26 of title 18, United States Code, is amended by

19 adding at the end the following:

‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.

20 SEC. 202. INCREASED PENALTIES FOR USING MINORS TO

21 DISTRIBUTE DRUGS.

22 Section 420 of the Controlled Substances Act (21

23 U.S.C. 861) is amended—

24 (1) in subsection (b), by striking ‘‘one year’’ and

25 inserting ‘‘3 years’’; and
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1 (2) in subsection (c), by striking ‘‘one year’’ and

2 inserting ‘‘5 years’’.

3 SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VI4 OLENCE.

5 (a) IN GENERAL.—Chapter 1 of title 18, United States

6 Code, is amended by adding at the end the following:

7 ‘‘§ 25. Use of minors in crimes of violence

8 ‘‘(a) PENALTIES.—Except as otherwise provided by

9 law, whoever, being not less than 18 years of age, knowingly

10 and intentionally uses a minor to commit a Federal offense

11 that is a crime of violence, or to assist in avoiding detection

12 or apprehension for such an offense, shall—

13 ‘‘(1) be subject to 2 times the maximum impris14 onment and 2 times the maximum fine that would

15 otherwise be imposed for the offense; and

16 ‘‘(2) for second or subsequent convictions under

17 this subsection, be subject to 3 times the maximum

18 imprisonment and 3 times the maximum fine that

19 would otherwise be imposed for the offense.

20 ‘‘(b) DEFINITIONS.—In this section:

21 ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of

22 violence’ has the meaning given the term in section 16

23 of this title.

24 ‘‘(2) MINOR.—The term ‘minor’ means a person

25 who is less than 18 years of age.
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1 ‘‘(3) USES.—The term ‘uses’ means employs,

2 hires, persuades, induces, entices, or coerces.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 chapter 1 of title 18, United States Code, is amended by

5 adding at the end the following:

‘‘25. Use of minors in crimes of violence.’’.

6 SEC. 204. CRIMINAL STREET GANGS.

7 (a) IN GENERAL.—Section 521 of title 18, United

8 States Code, is amended—

9 (1) in subsection (a), in the second undesignated

10 paragraph—

11 (A) by striking ‘‘5’’ and inserting ‘‘3’’;

12 (B) by inserting ‘‘, whether formal or infor13 mal’’ after ‘‘or more persons’’; and

14 (C) in subparagraph (A), by inserting ‘‘or

15 activities’’ after ‘‘purposes’’;

16 (2) in subsection (b), by inserting after ‘‘10

17 years’’ the following: ‘‘and such person shall be subject

18 to the forfeiture prescribed in section 412 of the Con19 trolled Substances Act (21 U.S.C. 853)’’;

20 (3) in subsection (c)—

21 (A) in paragraph (2), by striking ‘‘and’’ at

22 the end;

23 (B) in paragraph (3), by striking the period

24 at the end and inserting a semicolon;

25 (C) by adding at the end the following:
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1 ‘‘(3) that is a violation of section 522 (relating

2 to the recruitment of persons to participate in crimi3 nal gang activity);

4 ‘‘(4) that is a violation of section 844, 875, or

5 876 (relating to extortion and threats), section 1084

6 (relating to gambling), section 1955 (relating to gam7 bling), or chapter 73 (relating to obstruction of jus8 tice);

9 ‘‘(5) that is a violation of section 1956 (relating

10 to money laundering), to the extent that the violation

11 of such section is related to a Federal or State offense

12 involving a controlled substance (as that term is de13 fined in section 102 of the Controlled Substances Act

14 (21 U.S.C. 802)); or

15 ‘‘(6) that is a violation of section 274(a)(1)(A),

16 277, or 278 of the Immigration and Nationality Act

17 (8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating to

18 alien smuggling); and

19 ‘‘(7) a conspiracy, attempt, or solicitation to

20 commit an offense described in paragraphs (1)

21 through (6).’’.

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec23 tion 3663(c)(4) of title 18, United States Code, is amended

24 by striking ‘‘chapter 46’’ and inserting ‘‘section 521, chap25 ter 46,’’.
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1 SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY

2 AREAS.

3 (a) DEFINITIONS.—In this section:

4 (1) GOVERNOR.—The term ‘‘Governor’’ means a

5 Governor of a State or the Mayor of the District of

6 Columbia.

7 (2) HIGH INTENSITY INTERSTATE GANG ACTIVITY

8 AREA.—The term ‘‘high intensity interstate gang ac9 tivity area’’ means an area within a State that is

10 designated as a high intensity interstate gang activity

11 area under subsection (b)(1).

12 (3) STATE.—The term ‘‘State’’ means a State of

13 the United States or the District of Columbia.

14 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

15 AREAS.—

16 (1) DESIGNATION.—The Attorney General, upon

17 consultation with the Secretary of the Treasury and

18 the Governors of appropriate States, may designate as

19 a high intensity interstate gang activity area a speci20 fied area that is located—

21 (A) within a State; or

22 (B) in more than 1 State.

23 (2) ASSISTANCE.—In order to provide Federal

24 assistance to a high intensity interstate gang activity

25 area, the Attorney General may—
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1 (A) facilitate the establishment of a regional

2 task force, consisting of Federal, State, and local

3 law enforcement authorities, for the coordinated

4 investigation, disruption, apprehension, and

5 prosecution of criminal activities of gangs and

6 gang members in the high intensity interstate

7 gang activity area; and

8 (B) direct the detailing from any Federal

9 department or agency (subject to the approval of

10 the head of that department or agency, in the

11 case of a department or agency other than the

12 Department of Justice) of personnel to the high

13 intensity interstate gang activity area.

14 (3) CRITERIA FOR DESIGNATION.—In consid15 ering an area (within a State or within more than

16 1 State) for designation as a high intensity interstate

17 gang activity area under this section, the Attorney

18 General shall consider—

19 (A) the extent to which gangs from the area

20 are involved in interstate or international crimi21 nal activity;

22 (B) the extent to which the area is affected

23 by the criminal activity of gang members who—

24 (i) are located in, or have relocated

25 from, other States; or
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1 (ii) are located in, or have immigrated

2 (legally or illegally) from, foreign countries;

3 (C) the extent to which the area is affected

4 by the criminal activity of gangs that originated

5 in other States or foreign countries;

6 (D) the extent to which State and local law

7 enforcement agencies have committed resources to

8 respond to the problem of criminal gang activity

9 in the area, as an indication of their determina10 tion to respond aggressively to the problem;

11 (E) the extent to which a significant in12 crease in the allocation of Federal resources

13 would enhance local response to gang-related

14 criminal activities in the area; and

15 (F) any other criteria that the Attorney

16 General considers to be appropriate.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) IN GENERAL.—There is authorized to be ap19 propriated to carry out this section $100,000,000 for

20 each of fiscal years 1999 through 2004, to be used in

21 accordance with paragraph (2).

22 (2) USE OF FUNDS.—Of amounts made available

23 under paragraph (1) in each fiscal year—

24 (A) 60 percent shall be used to carry out

25 subsection (b)(2); and
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1 (B) 40 percent shall be used to make grants

2 for community-based programs to provide crime

3 prevention and intervention services that are de4 signed for gang members and at-risk youth in

5 areas designated pursuant to this section as high

6 intensity interstate gang activity areas.

7 (3) REQUIREMENT.—

8 (A) IN GENERAL.—The Attorney General

9 shall ensure that not less than 10 percent of

10 amounts made available under paragraph (1) in

11 each fiscal year are used to assist rural States

12 affected as described in subparagraphs (B) and

13 (C) of subsection (b)(3).

14 (B) DEFINITION OF RURAL STATE.—In this

15 paragraph, the term ‘‘rural State’’ has the mean16 ing given the term in section 1501(b) of title I

17 of the Omnibus Crime Control and Safe Streets

18 Act of 1968 (42 U.S.C. 3796bb(b)).

19 SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL

20 FORCE TO TAMPER WITH WITNESSES, VIC21 TIMS, OR INFORMANTS.

22 Section 1512 of title 18, United States Code, is

23 amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘as pro2 vided in paragraph (2)’’ and inserting ‘‘as pro3 vided in paragraph (3)’’;

4 (B) by redesignating paragraph (2) as

5 paragraph (3);

6 (C) by inserting after paragraph (1) the fol7 lowing:

8 ‘‘(2) USE OF PHYSICAL FORCE TO TAMPER WITH

9 WITNESSES, VICTIMS, OR INFORMANTS.—Whoever uses

10 physical force or the threat of physical force against

11 any person, or attempts to do so, with intent to—

12 ‘‘(A) influence, delay, or prevent the testi13 mony of any person in an official proceeding;

14 ‘‘(B) cause or induce any person to—

15 ‘‘(i) withhold testimony, or withhold a

16 record, document, or other object, from an

17 official proceeding;

18 ‘‘(ii) alter, destroy, mutilate, or conceal

19 an object with intent to impair the object’s

20 integrity or availability for use in an offi21 cial proceeding;

22 ‘‘(iii) evade legal process summoning

23 that person to appear as a witness, or to

24 produce a record, document, or other object,

25 in an official proceeding; or
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1 ‘‘(iv) be absent from an official pro2 ceeding to which such person has been sum3 moned by legal process; or

4 ‘‘(C) hinder, delay, or prevent the commu5 nication to a law enforcement officer or judge of

6 the United States of information relating to the

7 commission or possible commission of a Federal

8 offense or a violation of conditions of probation,

9 parole, or release pending judicial proceedings;

10 shall be punished as provided in paragraph (3).’’;

11 and

12 (D) in paragraph (3), as redesignated, by

13 striking subparagraph (B) and inserting the fol14 lowing:

15 ‘‘(B) in the case of—

16 ‘‘(i) an attempt to murder; or

17 ‘‘(ii) the use of physical force against

18 any person;

19 imprisonment for not more than 20 years.’’;

20 (2) in subsection (b), by striking ‘‘or physical

21 force’’; and

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

23 ‘‘(j) CONSPIRACY.—Whoever conspires to commit any

24 offense under this section or section 1513 shall be subject
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1 to the same penalties as those prescribed for the offense the

2 commission of which was the object of the conspiracy.’’.

3 SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS’

4 OFFICES TO COMBAT GANG CRIME AND

5 YOUTH VIOLENCE.

6 (a) IN GENERAL.—Section 31702 of subtitle Q of title

7 III of the Violent Crime Control and Law Enforcement Act

8 of 1994 (42 U.S.C. 13862) is amended—

9 (1) in paragraph (2), by striking ‘‘and’’ at the

10 end;

11 (2) in paragraph (4), by striking the period at

12 the end and inserting a semicolon; and

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

14 ‘‘(5) to allow the hiring of additional prosecu15 tors, so that more cases can be prosecuted and back16 logs reduced;

17 ‘‘(6) to provide funding to enable prosecutors to

18 address drug, gang, and youth violence problems more

19 effectively;

20 ‘‘(7) to provide funding to assist prosecutors with

21 funding for technology, equipment, and training to

22 assist prosecutors in reducing the incidence of, and

23 increase the successful identification and speed of

24 prosecution of young violent offenders; and
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1 ‘‘(8) to provide funding to assist prosecutors in

2 their efforts to engage in community prosecution,

3 problem solving, and conflict resolution techniques

4 through collaborative efforts with police, school offi5 cials, probation officers, social service agencies, and

6 community organizations.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

8 31707 of subtitle Q of title III of the Violent Crime Control

9 and Law Enforcement Act of 1994 (42 U.S.C. 13867) is

10 amended to read as follows:

11 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated to carry out

13 this subtitle, $50,000,000 for 2000 through 2004.’’.

14 SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPA15 TION IN CRIME AS A GANG MEMBER.

16 (a) DEFINITION OF CRIMINAL STREET GANG.—In this

17 section, the term ‘‘criminal street gang’’ has the meaning

18 given that term in section 521(a) of title 18, United States

19 Code, as amended by section 204 of this Act.

20 (b) AMENDMENT OF SENTENCING GUIDELINES.—

21 (1) IN GENERAL.—Pursuant to its authority

22 under section 994(p) of title 28, United States Code,

23 the United States Sentencing Commission shall

24 amend the Federal Sentencing Guidelines to provide

25 an appropriate enhancement for any Federal offense
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1 described in section 521(c) of title 18, United States

2 Code as amended by section 204 of this Act, if the of3 fense was both committed in connection with, or in

4 furtherance of, the activities of a criminal street gang

5 and the defendant was a member of the criminal

6 street gang at the time of the offense.

7 (2) FACTORS TO BE CONSIDERED.—In deter8 mining an appropriate enhancement under this sec9 tion, the United States Sentencing Commission shall

10 give great weight to the seriousness of the offense, the

11 offender’s relative position in the criminal gang, and

12 the risk of death or serious bodily injury to any per13 son posed by the offense.

14 (c) CONSTRUCTION WITH OTHER GUIDELINES.—The

15 amendment made by subsection (b) shall provide that the

16 increase in the offense level shall be in addition to any other

17 adjustment under chapter 3 of the Federal Sentencing

18 Guidelines.

19 SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANS20 PORTATION IN AID OF CRIMINAL GANGS.

21 (a) TRAVEL ACT AMENDMENT.—Section 1952 of title

22 18, United States Code, is amended to read as follows:

23 ‘‘§ 1952. Interstate and foreign travel or transpor24 tation in aid of racketeering enterprises

25 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—
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1 ‘‘(1) IN GENERAL.—Whoever—

2 ‘‘(A) travels in interstate or foreign com3 merce or uses the mail or any facility in inter4 state or foreign commerce, with intent to—

5 ‘‘(i) distribute the proceeds of any un6 lawful activity; or

7 ‘‘(ii) otherwise promote, manage, estab8 lish, carry on, or facilitate the promotion,

9 management, establishment, or carrying on,

10 of any unlawful activity; and

11 ‘‘(B) after travel or use of the mail or any

12 facility in interstate or foreign commerce de13 scribed in subparagraph (A), performs, attempts

14 to perform, or conspires to perform an act de15 scribed in clause (i) or (ii) of subparagraph (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 commit

22 any crime of violence to further any unlawful

23 activity; and

24 ‘‘(B) after travel or use of the mail or any

25 facility in interstate or foreign commerce de-
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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 shall

6 be sentenced to death or be imprisoned for any term

7 of years or for life.

8 ‘‘(b) DEFINITIONS.—In this section:

9 ‘‘(1) CONTROLLED SUBSTANCE.—The term ‘con10 trolled substance’ has the meaning given that term in

11 section 102(6) of the Controlled Substances Act (21

12 U.S.C. 802(6)).

13 ‘‘(2) STATE.—The term ‘State’ includes 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 ‘unlawful

18 activity’ means—

19 ‘‘(A) any business enterprise involving gam20 bling, liquor on which the Federal excise tax has

21 not been paid, narcotics or controlled substances,

22 or prostitution offenses in violation of the laws

23 of the State in which the offense is committed or

24 of the United States;
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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, as4 sault resulting in bodily injury, shooting at an

5 occupied dwelling or motor vehicle, or retaliation

6 against or intimidation of witnesses, victims, ju7 rors, or informants, in violation of the laws of

8 the State in which the offense is committed or of

9 the United States;

10 ‘‘(C) the use of bribery, force, intimidation,

11 or threat, directed against any person, to delay

12 or influence the testimony of or prevent from tes13 tifying a witness in a State criminal proceeding

14 or by any such means to cause any person to de15 stroy, alter, or conceal a record, document, or

16 other object, with intent to impair the object’s in17 tegrity or availability for use in such a pro18 ceeding; or

19 ‘‘(D) any act that is indictable under sec20 tion 1956 or 1957 of this title or under sub21 chapter II of chapter 53 of title 31.’’.

22 (b) AMENDMENT OF SENTENCING GUIDELINES.—

23 (1) IN GENERAL.—Pursuant to its authority

24 under section 994(p) of title 28, United States Code,

25 the United States Sentencing Commission shall
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1 amend chapter 2 of the Federal Sentencing Guidelines

2 to provide an appropriate increase in the offense lev3 els for traveling in interstate or foreign commerce in

4 aid of unlawful activity.

5 (2) UNLAWFUL ACTIVITY DEFINED.—In this sub6 section, the term ‘‘unlawful activity’’ has the meaning

7 given that term in section 1952(b) of title 18, United

8 States Code, as amended by this section.

9 (3) SENTENCING ENHANCEMENT FOR RECRUIT10 MENT ACROSS STATE LINES.—Pursuant to its author11 ity under section 994(p) of title 28, United States

12 Code, the United States Sentencing Commission shall

13 amend the Federal Sentencing Guidelines to provide

14 an appropriate enhancement for a person who, in vio15 lating section 522 of title 18, United States Code (as

16 added by section 201 of this Act), recruits, solicits, in17 duces, commands, or causes another person residing

18 in another State to be or to remain a member of a

19 criminal street gang, or crosses a State line with the

20 intent to recruit, solicit, induce, command, or cause

21 another person to be or to remain a member of a

22 criminal street gang.
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1 SEC. 210. PROHIBITIONS RELATING TO FIREARMS.

2 (a) SERIOUS JUVENILE DRUG OFFENSES AS ARMED

3 CAREER CRIMINAL PREDICATES.—Section 924(e)(2)(A) of

4 title 18, United States Code, is amended—

5 (1) in clause (i), by striking ‘‘or’’ at the end;

6 (2) in clause (ii), by adding ‘‘or’’ at the end; and

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

8 ‘‘(iii) any act of juvenile delinquency that,

9 if committed by an adult, would be an offense

10 described in clause (i) or (ii);’’.

11 (b) TRANSFER OF FIREARMS TO MINORS FOR USE IN

12 CRIME.—Section 924(h) of title 18, United States Code, is

13 amended by inserting ‘‘and if the transferee is a person who

14 is under 18 years of age, imprisoned not less than 3 years,’’

15 after ‘‘10 years,’’.

16 SEC. 211. CLONE PAGERS.

17 (a) IN GENERAL.—Section 2511(2)(h) of title 18,

18 United States Code, is amended by striking clause (i) and

19 inserting the following:

20 ‘‘(i) to use a pen register, trap and trace device,

21 or clone pager, as those terms are defined in chapter

22 206 of this title (relating to pen registers, trap and

23 trace devices, and clone pagers); or’’;

24 (b) EXCEPTION.—Section 3121 of title 18, United

25 States Code, is amended—
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1 (1) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) IN GENERAL.—Except as provided in this section,

4 no person may install or use a pen register, trap and trace

5 device, or clone pager without first obtaining a court order

6 under section 3123 or 3129 of this title, or under the For7 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801

8 et seq.).’’;

9 (2) in subsection (b), by striking ‘‘a pen register

10 or a trap and trace device’’ and inserting ‘‘a pen reg11 ister, trap and trace device, or clone pager’’; and

12 (3) by striking the section heading and inserting

13 the following:

14 ‘‘§ 3121. General prohibition on pen register, trap and

15 trace device, and clone pager use; excep16 tion’’.

17 (c) ASSISTANCE.—Section 3124 of title 18, United

18 States Code, is amended—

19 (1) by redesignating subsections (c) through (f)

20 as subsections (d) through (g), respectively;

21 (2) by inserting after subsection (b) the fol22 lowing:

23 ‘‘(c) CLONE PAGER.—Upon the request of an attorney

24 for the Government or an officer of a law enforcement agen25 cy authorized to use a clone pager under this chapter, a
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1 provider of electronic communication service shall furnish

2 to such investigative or law enforcement officer all informa3 tion, facilities, and technical assistance necessary to accom4 plish the use of the clone pager unobtrusively and with a

5 minimum of interference with the services that the person

6 so ordered by the court provides to the subscriber, if such

7 assistance is directed by a court order, as provided in sec8 tion 3129(b)(2) of this title.’’; and

9 (3) by striking the section heading and inserting

10 the following:

11 ‘‘§ 3124. Assistance in installation and use of a pen

12 register, trap and trace device, or clone

13 pager’’.

14 (d) EMERGENCY INSTALLATIONS.—Section 3125 of

15 title 18, United States Code, is amended—

16 (1) by striking ‘‘pen register or a trap and trace

17 device’’ and ‘‘pen register or trap and trace device’’

18 each place they appear and inserting ‘‘pen register,

19 trap and trace device, or clone pager’’;

20 (2) in subsection (a), by striking ‘‘an order ap21 proving the installation or use is issued in accordance

22 with section 3123 of this title’’ and inserting ‘‘an ap23 plication is made for an order approving the installa24 tion or use in accordance with section 3122 or section

25 3128 of this title’’;
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1 (3) in subsection (b), by adding at the end the

2 following: ‘‘If such application for the use of a clone

3 pager is denied, or in any other case in which the use

4 of the clone pager is terminated without an order

5 having been issued, an inventory shall be served as

6 provided for in section 3129(e) of this title.’’; and

7 (4) by striking the section heading and inserting

8 the following:

9 ‘‘§ 3125. Emergency installation and use of pen reg10 ister, trap and trace device, and clone

11 pager’’.

12 (e) REPORTS.—Section 3126 of title 18, United States

13 Code, is amended—

14 (1) by striking ‘‘pen register orders and orders

15 for trap and trace devices’’ and inserting ‘‘orders for

16 pen registers, trap and trace devices, and clone

17 pagers’’; and

18 (2) by striking the section heading and inserting

19 the following:

20 ‘‘§ 3126. Reports concerning pen registers, trap and

21 trace devices, and clone pagers’’.

22 (f) DEFINITIONS.—Section 3127 of title 18, United

23 States Code, is amended—

24 (1) in paragraph (2)—
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1 (A) in subparagraph (A), by striking ‘‘or’’

2 at the end; and

3 (B) by striking subparagraph (B) and in4 serting the following:

5 ‘‘(B) with respect to an application for the

6 use of a pen register or trap and trace device, a

7 court of general criminal jurisdiction of a State

8 authorized by the law of that State to enter or9 ders authorizing the use of a pen register or a

10 trap and trace device; or

11 ‘‘(C) with respect to an application for the

12 use of a clone pager, a court of general criminal

13 jurisdiction of a State authorized by the law of

14 that State to issue orders authorizing the use of

15 a clone pager;’’;

16 (2) in paragraph (5), by striking ‘‘and’’ at the

17 end;

18 (3) in paragraph (6), by striking the period at

19 the end and inserting ‘‘; and’’; and

20 (4) by adding at the end the following:

21 ‘‘(7) the term ‘clone pager’ means a numeric dis22 play device that receives communications intended for

23 another numeric display paging device.’’.

24 (g) APPLICATIONS.—Chapter 206 of title 18, United

25 States Code, is amended by adding at the end the following:
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1 ‘‘§ 3128. Application for an order for use of a clone

2 pager

3 ‘‘(a) APPLICATION.—

4 ‘‘(1) FEDERAL REPRESENTATIVES.—Any attor5 ney for the Government may apply to a court of com6 petent jurisdiction for an order or an extension of an

7 order under section 3129 of this title authorizing the

8 use of a clone pager.

9 ‘‘(2) STATE REPRESENTATIVES.—A State inves10 tigative or law enforcement officer may, if authorized

11 by a State statute, apply to a court of competent ju12 risdiction of such State for an order or an extension

13 of an order under section 3129 of this title author14 izing the use of a clone pager.

15 ‘‘(b) CONTENTS OF APPLICATION.—An application

16 under subsection (a) of this section shall include—

17 ‘‘(1) the identity of the attorney for the Govern18 ment or the State law enforcement or investigative of19 ficer making the application and the identity of the

20 law enforcement agency conducting the investigation;

21 ‘‘(2) the identity, if known, of the individual or

22 individuals using the numeric display paging device

23 to be cloned;

24 ‘‘(3) a description of the numeric display paging

25 device to be cloned;
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1 ‘‘(4) a description of the offense to which the in2 formation likely to be obtained by the clone pager re3 lates;

4 ‘‘(5) the identity, if known, of the person who is

5 subject of the criminal investigation; and

6 ‘‘(6) an affidavit or affidavits, sworn to before

7 the court of competent jurisdiction, establishing prob8 able cause to believe that information relevant to an

9 ongoing criminal investigation being conducted by

10 that agency will be obtained through use of the clone

11 pager.

12 ‘‘§ 3129. Issuance of an order for use of a clone pager

13 ‘‘(a) IN GENERAL.—Upon an application made under

14 section 3128 of this title, the court shall enter an ex parte

15 order authorizing the use of a clone pager within the juris16 diction of the court if the court finds that the application

17 has established probable cause to believe that information

18 relevant to an ongoing criminal investigation being con19 ducted by that agency will be obtained through use of the

20 clone pager.

21 ‘‘(b) CONTENTS OF AN ORDER.—An order issued under

22 this section—

23 ‘‘(1) shall specify—
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1 ‘‘(A) the identity, if known, of the indi2 vidual or individuals using the numeric display

3 paging device to be cloned;

4 ‘‘(B) the numeric display paging device to

5 be cloned;

6 ‘‘(C) the identity, if known, of the subscriber

7 to the pager service; and

8 ‘‘(D) the offense to which the information

9 likely to be obtained by the clone pager relates;

10 and

11 ‘‘(2) shall direct, upon the request of the appli12 cant, the furnishing of information, facilities, and

13 technical assistance necessary to use the clone pager

14 under section 3124 of this title.

15 ‘‘(c) TIME PERIOD AND EXTENSIONS.—

16 ‘‘(1) IN GENERAL.—An order issued under this

17 section shall authorize the use of a clone pager for a

18 period not to exceed 30 days. Such 30-day period

19 shall begin on the earlier of the day on which the in20 vestigative or law enforcement officer first begins use

21 of the clone pager under the order or the tenth day

22 after the order is entered.

23 ‘‘(2) EXTENSIONS.—Extensions of an order

24 issued under this section may be granted, but only

25 upon an application for an order under section 3128
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1 of this title and upon the judicial finding required by

2 subsection (a). An extension under this paragraph

3 shall be for a period not to exceed 30 days.

4 ‘‘(3) REPORT.—Within a reasonable time after

5 the termination of the period of a clone pager order

6 or any extensions thereof under this subsection, the

7 applicant shall report to the issuing court the number

8 of numeric pager messages acquired through the use

9 of the clone pager during such period.

10 ‘‘(d) NONDISCLOSURE OF EXISTENCE OF CLONE

11 PAGER.—An order authorizing the use of a clone pager

12 shall direct that—

13 ‘‘(1) the order shall be sealed until otherwise or14 dered by the court; and

15 ‘‘(2) the person who has been ordered by the

16 court to provide assistance to the applicant may not

17 disclose the existence of the clone pager or the exist18 ence of the investigation to the listed subscriber, or to

19 any other person, until otherwise ordered by the

20 court.

21 ‘‘(e) NOTIFICATION.—

22 ‘‘(1) IN GENERAL.—Within a reasonable time,

23 not later than 90 days after the date of termination

24 of the period of a clone pager order or any extensions

25 thereof, the issuing judge shall cause to be served, on
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1 the individual or individuals using the numeric dis2 play paging device that was cloned, an inventory in3 cluding notice of—

4 ‘‘(A) the fact of the entry of the order or the

5 application;

6 ‘‘(B) the date of the entry and the period of

7 clone pager use authorized, or the denial of the

8 application; and

9 ‘‘(C) whether or not information was ob10 tained through the use of the clone pager.

11 ‘‘(2) POSTPONEMENT.—Upon an ex-parte show12 ing of good cause, a court of competent jurisdiction

13 may in its discretion postpone the serving of the no14 tice required by this subsection.’’.

15 (h) CLERICAL AMENDMENTS.—The table of sections for

16 chapter 206 of title 18, United States Code, is amended—

17 (1) by striking the item relating to section 3121

18 and inserting the following:

‘‘3121. General prohibition on pen register, trap and trace device, and clone pager

use; exception.’’;

19 (2) by striking the items relating to sections

20 3124, 3125, and 3126 and inserting the following:

‘‘3124. Assistance in installation and use of a pen register, trap and trace device,

or clone pager.

‘‘3125. Emergency installation and use of pen register, trap and trace device, and

clone pager.

‘‘3126. Reports concerning pen registers, trap and trace devices, and clone

pagers.’’; and

21 (3) by adding at the end the following:
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‘‘3128. Application for an order for use of a clone pager.

‘‘3129. Issuance of an order for use of a clone pager’’.

1 (i) CONFORMING AMENDMENT.—Section 704(a) of the

2 Communications Act of 1934 (47 U.S.C. 605(a)) is amend3 ed by striking ‘‘chapter 119,’’ and inserting ‘‘chapters 119

4 and 206 of’’.

5 TITLE III—JUVENILE CRIME

6 CONTROL, ACCOUNTABILITY,

7 AND DELINQUENCY PREVEN8 TION

9 Subtitle A—Reform of the Juvenile

10 Justice and Delinquency Preven11 tion Act of 1974

12 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI13 TIONS.

14 Title I of the Juvenile Justice and Delinquency Pre15 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

16 to read as follows:

17 ‘‘TITLE I—FINDINGS AND

18 DECLARATION OF PURPOSE

19 ‘‘SEC. 101. FINDINGS.

20 ‘‘Congress makes the following findings:

21 ‘‘(1) During the past decade, the United States

22 has experienced an alarming increase in arrests of

23 adolescents for murder, assault, and weapons offenses.
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1 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar2 rests for violent crimes, including murder, robbery,

3 aggravated assault, and rape, including 514 such ar4 rests per 100,000 juveniles 10 through 17 years of age.

5 ‘‘(3) Understaffed and overcrowded juvenile

6 courts, prosecutorial and public defender offices, pro7 bation services, and correctional facilities no longer

8 adequately address the changing nature of juvenile

9 crime, protect the public, or correct youth offenders.

10 ‘‘(4) The juvenile justice system has proven inad11 equate to meet the needs of society and the needs of

12 children who may be at risk of becoming delinquents

13 are not being met.

14 ‘‘(5) Existing programs and policies have not

15 adequately responded to the particular threats that

16 drugs, alcohol abuse, violence, and gangs pose to the

17 youth of the Nation.

18 ‘‘(6) Projected demographic increases in the

19 number of youth offenders require reexamination of

20 current prosecution and incarceration policies for se21 rious violent youth offenders and crime prevention

22 policies.

23 ‘‘(7) State and local communities require assist24 ance to deal comprehensively with the problems of ju25 venile delinquency.
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1 ‘‘(8) Existing Federal programs have not pro2 vided the States with necessary flexibility, nor have

3 these programs provided the coordination, resources,

4 and leadership required to meet the crisis of youth vi5 olence.

6 ‘‘(9) Overlapping and uncoordinated Federal

7 programs have created a multitude of Federal funding

8 streams to States and units of local government, that

9 have become a barrier to effective program coordina10 tion, responsive public safety initiatives, and the pro11 vision of comprehensive services for children and

12 youth.

13 ‘‘(10) Violent crime by juveniles constitutes a

14 growing threat to the national welfare that requires

15 an immediate and comprehensive governmental re16 sponse, combining flexibility and coordinated evalua17 tion.

18 ‘‘(11) The role of the Federal Government should

19 be to encourage and empower communities to develop

20 and implement policies to protect adequately the pub21 lic from serious juvenile crime as well as implement

22 quality prevention programs that work with at-risk

23 juveniles, their families, local public agencies, and

24 community-based organizations.
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1 ‘‘(12) A strong partnership among law enforce2 ment, local government, juvenile and family courts,

3 schools, public recreation agencies, businesses, philan4 thropic organizations, families, and the religious com5 munity, can create a community environment that

6 supports the youth of the Nation in reaching their

7 highest potential and reduces the destructive trend of

8 juvenile crime.

9 ‘‘SEC. 102. PURPOSE AND STATEMENT OF POLICY.

10 ‘‘(a) IN GENERAL.—The purposes of this Act are to—

11 ‘‘(1) empower States and communities to develop

12 and implement comprehensive programs that support

13 families, reduce risk factors, and prevent serious

14 youth crime and juvenile delinquency;

15 ‘‘(2) protect the public and to hold juveniles ac16 countable for their acts;

17 ‘‘(3) encourage and promote, consistent with the

18 ideals of federalism, the adoption by the States of

19 policies recognizing the rights of victims in the juve20 nile justice system, and ensuring that the victims of

21 violent crimes committed by juveniles receive the same

22 level of justice as do the victims of violent crimes com23 mitted by adults;
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1 ‘‘(4) provide for the thorough and ongoing eval2 uation of all federally funded programs addressing ju3 venile crime and delinquency;

4 ‘‘(5) provide technical assistance to public and

5 private nonprofit entities that protect public safety,

6 administer justice and corrections to delinquent

7 youth, or provide services to youth at risk of delin8 quency, and their families;

9 ‘‘(6) establish a centralized research effort on the

10 problems of youth crime and juvenile delinquency, in11 cluding the dissemination of the findings of such re12 search and all related data;

13 ‘‘(7) establish a Federal assistance program to

14 deal with the problems of runaway and homeless

15 youth;

16 ‘‘(8) assist States and units of local government

17 in improving the administration of justice for juve18 niles;

19 ‘‘(9) assist the States and units of local govern20 ment in reducing the level of youth violence and juve21 nile delinquency;

22 ‘‘(10) assist States and units of local government

23 in promoting public safety by supporting juvenile de24 linquency prevention and control activities;
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1 ‘‘(11) encourage and promote programs designed

2 to keep in school juvenile delinquents expelled or sus3 pended for disciplinary reasons;

4 ‘‘(12) assist States and units of local government

5 in promoting public safety by encouraging account6 ability for acts of juvenile delinquency;

7 ‘‘(13) assist States and units of local government

8 in promoting public safety by improving the extent,

9 accuracy, availability and usefulness of juvenile court

10 and law enforcement records and the openness of the

11 juvenile justice system;

12 ‘‘(14) assist States and units of local government

13 in promoting public safety by encouraging the identi14 fication of violent and hardcore juveniles;

15 ‘‘(15) assist States and units of local government

16 in promoting public safety by providing resources to

17 States to build or expand juvenile detention facilities;

18 ‘‘(16) provide for the evaluation of federally as19 sisted juvenile crime control programs, and the train20 ing necessary for the establishment and operation of

21 such programs;

22 ‘‘(17) ensure the dissemination of information

23 regarding juvenile crime control programs by pro24 viding a national clearinghouse; and
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1 ‘‘(18) provide technical assistance to public and

2 private nonprofit juvenile justice and delinquency

3 prevention programs.

4 ‘‘(b) STATEMENT OF POLICY.—It is the policy of Con5 gress to provide resources, leadership, and coordination

6 to—

7 ‘‘(1) combat youth violence and to prosecute and

8 punish effectively violent juvenile offenders;

9 ‘‘(2) enhance efforts to prevent juvenile crime

10 and delinquency; and

11 ‘‘(3) improve the quality of juvenile justice in the

12 United States.

13 ‘‘SEC. 103. DEFINITIONS.

14 ‘‘In this Act:

15 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis16 trator’ means the Administrator of the Office of Juve17 nile Crime Control and Prevention, appointed in ac18 cordance with section 201.

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

20 means an individual who—

21 ‘‘(A) has reached the age of full criminal re22 sponsibility under applicable State law; and

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

24 for, awaiting trial on, or convicted of criminal

25 charges.
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1 ‘‘(3) BOOT CAMP.—The term ‘boot camp’ means

2 a residential facility (excluding a private residence)

3 at which there are provided—

4 ‘‘(A) a highly regimented schedule of dis5 cipline, physical training, work, drill, and cere6 mony characteristic of military basic training;

7 ‘‘(B) regular, remedial, special, and voca8 tional education;

9 ‘‘(C) counseling and treatment for substance

10 abuse and other health and mental health prob11 lems;

12 ‘‘(D) supervision by properly screened staff,

13 who are trained and experienced in working

14 with juveniles or young adults, in highly struc15 tured, disciplined surroundings, characteristic of

16 a military environment; and

17 ‘‘(E) participation in community service

18 programs, such as counseling sessions, men19 toring, community service, or restitution

20 projects, and a comprehensive aftercare plan de21 veloped through close coordination with Federal,

22 State, and local agencies, and in cooperation

23 with business and private organizations, as ap24 propriate.
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1 ‘‘(4) BUREAU OF JUSTICE ASSISTANCE.—The

2 term ‘Bureau of Justice Assistance’ means the bureau

3 established by section 401 of title I of the Omnibus

4 Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3741).

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

7 term ‘Bureau of Justice Statistics’ means the bureau

8 established by section 302(a) of title I of the Omnibus

9 Crime Control and Safe Streets Act of 1968 (42

10 U.S.C. 3732).

11 ‘‘(6) COLLOCATED FACILITIES.—The term ‘collo12 cated facilities’ means facilities that are located in the

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

14 buildings located on the same grounds.

15 ‘‘(7) COMBINATION.—The term ‘combination’ as

16 applied to States or units of local government means

17 any grouping or joining together of such States or

18 units for the purpose of preparing, developing, or im19 plementing a juvenile crime control and delinquency

20 prevention plan.

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

23 small, open group home or other suitable place located

24 near the juvenile’s home or family and programs of

25 community supervision and service that maintain
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1 community and consumer participation in the plan2 ning operation, and evaluation of their programs

3 which may include, medical, educational, vocational,

4 social, and psychological guidance, training, special

5 education, counseling, alcoholism treatment, drug

6 treatment, and other rehabilitative services.

7 ‘‘(9) COMPREHENSIVE AND COORDINATED SYS8 TEM OF SERVICES.—The term ‘comprehensive and co9 ordinated system of services’ means a system that—

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

11 the prevention and treatment of juvenile delin12 quency are consistent with policy goals of pre13 serving families and providing appropriate serv14 ices in the least restrictive environment so as to

15 simultaneously protect juveniles and maintain

16 public safety;

17 ‘‘(B) identifies, and intervenes early for the

18 benefit of, young children who are at risk of de19 veloping emotional or behavioral problems be20 cause of physical or mental stress or abuse, and

21 for the benefit of their families;

22 ‘‘(C) increases interagency collaboration

23 and family involvement in the prevention and

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

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

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

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

10 buildings).

11 ‘‘(11) FEDERAL JUVENILE CRIME CONTROL, PRE12 VENTION, AND JUVENILE OFFENDER ACCOUNTABILITY

13 PROGRAM.—The term ‘Federal juvenile crime control,

14 prevention, and juvenile offender accountability pro15 gram’ means any Federal program a primary objec16 tive of which is the prevention of juvenile crime or re17 duction of the incidence of arrest, the commission of

18 criminal acts or acts of delinquency, violence, the use

19 of alcohol or illegal drugs, or the involvement in

20 gangs among juveniles.

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

22 ‘gender-specific services’ means services designed to

23 address needs unique to the gender of the individual

24 to whom such services are provided.
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1 ‘‘(13) GRADUATED SANCTIONS.—The term ‘grad2 uated sanctions’ means an accountability-based juve3 nile justice system that protects the public, and holds

4 juvenile delinquents accountable for acts of delin5 quency by providing substantial and appropriate

6 sanctions that are graduated in such a manner as to

7 reflect (for each act of delinquency or offense) the se8 verity or repeated nature of that act or offense, and

9 in which there is sufficient flexibility to allow for in10 dividualized sanctions and services suited to the indi11 vidual juvenile offender.

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

13 The term ‘home-based alternative services’ means serv14 ices provided to a juvenile in the home of the juvenile

15 as an alternative to incarcerating the juvenile, and

16 includes home detention.

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

18 means any Indian tribe, band, nation, or other orga19 nized group or community, including any Alaska Na20 tive village or regional or village corporation as de21 fined in or established pursuant to the Alaska Native

22 Claims Settlement Act (43 U.S.C. 1601 et seq.), that

23 is recognized as eligible for the special programs and

24 services provided by the United States to Indians be25 cause of their status as Indians.
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1 ‘‘(16) JUVENILE.—The term ‘juvenile’ means a

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

3 is subject to delinquency proceedings under applicable

4 State law.

5 ‘‘(17) JUVENILE POPULATION.—The term ‘juve6 nile population’ means the population of a State

7 under 18 years of age.

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

9 ‘jail or lockup for adults’ means a locked facility that

10 is used by a State, unit of local government, or any

11 law enforcement authority to detain or confine

12 adults—

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

15 ‘‘(B) awaiting trial on a criminal charge;

16 or

17 ‘‘(C) convicted of violating a criminal law.

18 ‘‘(19) JUVENILE DELINQUENCY PROGRAM.—The

19 term ‘juvenile delinquency program’ means any pro20 gram or activity related to juvenile delinquency pre21 vention, control, diversion, treatment, rehabilitation,

22 planning, education, training, and research,

23 including—

24 ‘‘(A) drug and alcohol abuse programs;
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1 ‘‘(B) the improvement of the juvenile justice

2 system; and

3 ‘‘(C) any program or activity that is de4 signed to reduce known risk factors for juvenile

5 delinquent behavior, by providing activities that

6 build on protective factors for, and develop com7 petencies in, juveniles to prevent and reduce the

8 rate of delinquent juvenile behavior.

9 ‘‘(20) LAW ENFORCEMENT AND CRIMINAL JUS10 TICE.—The term ‘law enforcement and criminal jus11 tice’ means any activity pertaining to crime preven12 tion, control, or reduction or the enforcement of the

13 criminal law, including, but not limited to police ef14 forts to prevent, control, or reduce crime or to appre15 hend criminals, activities of courts having criminal

16 jurisdiction and related agencies (including prosecu17 torial and defender services), activities of corrections,

18 probation, or parole authorities, and programs relat19 ing to the prevention, control, or reduction of juvenile

20 delinquency or narcotic addiction.

21 ‘‘(21) NATIONAL INSTITUTE OF JUSTICE.—The

22 term ‘National Institute of Justice’ means the insti23 tute established by section 202(a) of title I of the Om24 nibus Crime Control and Safe Streets Act of 1968 (42

25 U.S.C. 3721).
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1 ‘‘(22) NONPROFIT ORGANIZATION.—The term

2 ‘nonprofit organization’ means an organization de3 scribed in section 501(c)(3) of the Internal Revenue

4 Code of 1986 that is exempt from taxation under sec5 tion 501(a) of the Internal Revenue Code of 1986.

6 ‘‘(23) OFFICE.—The term ‘Office’ means the Of7 fice of Juvenile Crime Control and Prevention estab8 lished under section 201.

9 ‘‘(24) OFFICE OF JUSTICE PROGRAMS.—The term

10 ‘Office of Justice Programs’ means the office estab11 lished by section 101 of title I of the Omnibus Crime

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

13 3711).

14 ‘‘(25) OUTCOME OBJECTIVE.—The term ‘outcome

15 objective’ means an objective that relates to the impact

16 of a program or initiative, that measures the reduc17 tion of high risk behaviors, such as incidence of ar18 rest, the commission of criminal acts or acts of delin19 quency, failure in school, violence, the use of alcohol

20 or illegal drugs, involvement of youth gangs, violent

21 and unlawful acts of animal cruelty, and teenage

22 pregnancy, among youth in the community.

23 ‘‘(26) PROCESS OBJECTIVE.—The term ‘process

24 objective’ means an objective that relates to the man-
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1 ner in which a program or initiative is carried out,

2 including—

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

4 which the program or initiative is reaching the

5 target population; and

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

7 which the program or initiative addresses known

8 risk factors for youth problem behaviors and in9 corporates activities that inhibit the behaviors

10 and that build on protective factors for youth.

11 ‘‘(27) PROHIBITED PHYSICAL CONTACT.—

12 ‘‘(A) IN GENERAL.—The term ‘prohibited

13 physical contact’ means—

14 ‘‘(i) any physical contact between a ju15 venile and an adult inmate; and

16 ‘‘(ii) proximity that provides an op17 portunity for physical contact between a ju18 venile and an adult inmate.

19 ‘‘(B) EXCLUSION.—The term does not in20 clude supervised proximity between a juvenile

21 and an adult inmate that is brief and inad22 vertent, or accidental, in secure areas of a facil23 ity that are not dedicated to use by juvenile of24 fenders and that are nonresidential, which may

25 include dining, recreational, educational, voca-
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1 tional, health care, entry areas, and passage2 ways.

3 ‘‘(28) RELATED COMPLEX OF BUILDINGS.—The

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

5 buildings that share—

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

7 fences, or services beyond mechanical services

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

9 ‘‘(B) the specialized services that are allow10 able under section 31.303(e)(3)(i)(C)(3) of title

11 28, Code of Federal Regulations, as in effect on

12 December 10, 1996.

13 ‘‘(29) SECURE CORRECTIONAL FACILITY.—The

14 term ‘secure correctional facility’ means any public or

15 private residential facility that—

16 ‘‘(A) includes construction fixtures designed

17 to physically restrict the movements and activi18 ties of juveniles or other individuals held in law19 ful custody in such facility; and

20 ‘‘(B) is used for the placement, after adju21 dication and disposition, of any juvenile who has

22 been adjudicated as having committed an offense

23 or any other individual convicted of a criminal

24 offense.
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1 ‘‘(30) SECURE DETENTION FACILITY.—The term

2 ‘secure detention facility’ means any public or private

3 residential facility that—

4 ‘‘(A) includes construction fixtures designed

5 to physically restrict the movements and activi6 ties of juveniles or other individuals held in law7 ful custody in such facility; and

8 ‘‘(B) is used for the temporary placement of

9 any juvenile who is accused of having committed

10 an offense or of any other individual accused of

11 having committed a criminal offense.

12 ‘‘(31) SERIOUS CRIME.—The term ‘serious crime’

13 means criminal homicide, rape or other sex offenses

14 punishable as a felony, mayhem, kidnapping, aggra15 vated assault, drug trafficking, robbery, larceny or

16 theft punishable as a felony, motor vehicle theft, bur17 glary or breaking and entering, extortion accom18 panied by threats of violence, and arson punishable as

19 a felony.

20 ‘‘(32) STATE.—The term ‘State’ means any

21 State of the United States, the District of Columbia,

22 the Commonwealth of Puerto Rico, the Virgin Islands,

23 Guam, American Samoa, and the Commonwealth of

24 the Northern Mariana Islands.
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1 ‘‘(33) STATE OFFICE.—The term ‘State office’

2 means an office designated by the chief executive offi3 cer of a State to carry out this title, as provided in

4 section 507 of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3757).

6 ‘‘(34) SUSTAINED ORAL COMMUNICATION.—

7 ‘‘(A) IN GENERAL.—The term ‘sustained

8 oral communication’ means the imparting or

9 interchange of speech by or between an adult in10 mate and a juvenile.

11 ‘‘(B) EXCEPTION.—The term does not

12 include—

13 ‘‘(i) communication that is accidental

14 or incidental; or

15 ‘‘(ii) sounds or noises that cannot rea16 sonably be considered to be speech.

17 ‘‘(35) TREATMENT.—The term ‘treatment’ in18 cludes medical and other rehabilitative services de19 signed to protect the public, including any services

20 designed to benefit addicts and other users by—

21 ‘‘(A) eliminating their dependence on alco22 hol or other addictive or nonaddictive drugs; or

23 ‘‘(B) controlling or reducing their depend24 ence and susceptibility to addiction or use.
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1 ‘‘(36) UNIT OF LOCAL GOVERNMENT.—The term

2 ‘unit of local government’ means—

3 ‘‘(A) any city, county, township, town, bor4 ough, parish, village, or other general purpose

5 political subdivision of a State;

6 ‘‘(B) any law enforcement district or judi7 cial enforcement district that—

8 ‘‘(i) is established under applicable

9 State law; and

10 ‘‘(ii) has the authority to, in a manner

11 independent of other State entities, establish

12 a budget and raise revenues;

13 ‘‘(C) an Indian tribe that performs law en14 forcement functions, as determined by the Sec15 retary of the Interior; or

16 ‘‘(D) for the purposes of assistance eligi17 bility, any agency of the government of the Dis18 trict of Columbia or the Federal Government

19 that performs law enforcement functions in and

20 for—

21 ‘‘(i) the District of Columbia; or

22 ‘‘(ii) any Trust Territory of the United

23 States.
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1 ‘‘(37) VALID COURT ORDER.—The term ‘valid

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

3 court judge to a juvenile—

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

5 made subject to such order; and

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

7 such order, the full due process rights guaranteed

8 to such juvenile by the Constitution of the United

9 States.

10 ‘‘(38) VIOLENT CRIME.—The term ‘violent crime’

11 means—

12 ‘‘(A) murder or nonnegligent manslaughter,

13 forcible rape, or robbery; or

14 ‘‘(B) aggravated assault committed with the

15 use of a firearm.

16 ‘‘(39) YOUTH.—The term ‘youth’ means an indi17 vidual who is not less than 6 years of age and not

18 more than 17 years of age.’’.

19 SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.

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

21 Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et

22 seq.) is amended to read as follows:
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1 ‘‘TITLE II—JUVENILE CRIME

2 CONTROL AND PREVENTION

3 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL

4 AND PREVENTION

5 ‘‘SEC. 201. ESTABLISHMENT OF OFFICE.

6 ‘‘(a) IN GENERAL.—There is established in the Depart7 ment of Justice, under the general authority of the Attorney

8 General, an Office of Juvenile Crime Control and Preven9 tion.

10 ‘‘(b) ADMINISTRATOR.—

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

12 an Administrator, who shall be appointed by the

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

14 Senate, from among individuals who have had experi15 ence in juvenile delinquency prevention and crime

16 control programs.

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

18 prescribe regulations consistent with this Act to

19 award, administer, modify, extend, terminate, mon20 itor, evaluate, reject, or deny all grants and contracts

21 from, and applications for, amounts made available

22 under this title.

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

24 The Administrator shall have the same reporting rela25 tionship with the Attorney General as the directors of
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1 other offices and bureaus within the Office of Justice

2 Programs have with the Attorney General.

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

4 Office a Deputy Administrator, who shall be appointed by

5 the Attorney General. The Deputy Administrator shall per6 form such functions as the Administrator may assign or

7 delegate and shall act as the Administrator during the ab8 sence or disability of the Administrator.

9 ‘‘(d) ASSOCIATE ADMINISTRATOR.—

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

11 an Associate Administrator, who shall be appointed

12 by the Administrator, and who shall be treated as a

13 career reserved position within the meaning of section

14 3132 of title 5, United States Code.

15 ‘‘(2) DUTIES.—The duties of the Associate Ad16 ministrator shall include keeping Congress, other Fed17 eral agencies, outside organizations, and State and

18 local government officials informed about activities

19 carried out by the Office.

20 ‘‘(e) DELEGATION AND ASSIGNMENT.—

21 ‘‘(1) IN GENERAL.—Except as otherwise ex22 pressly prohibited by law or otherwise provided by

23 this title, the Administrator may—

24 ‘‘(A) delegate any of the functions of the Ad25 ministrator, and any function transferred or
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1 granted to the Administrator after the date of en2 actment of the Violent and Repeat Juvenile Of3 fender Accountability and Rehabilitation Act of

4 1999, to such officers and employees of the Office

5 as the Administrator may designate; and

6 ‘‘(B) authorize successive redelegations of

7 such functions as may be necessary or appro8 priate.

9 ‘‘(2) RESPONSIBILITY.—No delegation of func10 tions by the Administrator under this subsection or

11 under any other provision of this title shall relieve the

12 Administrator of responsibility for the administration

13 of such functions.

14 ‘‘(f) REORGANIZATION.—The Administrator may allo15 cate or reallocate any function transferred among the offi16 cers of the Office, and establish, consolidate, alter, or dis17 continue such organizational entities in that Office as may

18 be necessary or appropriate.

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

20 AND CONSULTANTS.

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

22 employ, and fix the compensation of such officers and em23 ployees, including attorneys, as are necessary to perform

24 the functions vested in the Administrator and to prescribe

25 their functions.
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1 ‘‘(b) OFFICERS.—The Administrator may select, ap2 point, and employ not to exceed 4 officers and to fix their

3 compensation at rates not to exceed the maximum rate pay4 able under section 5376 of title 5, United States Code.

5 ‘‘(c) DETAIL OF FEDERAL PERSONNEL.—Upon the re6 quest of the Administrator, the head of any Federal agency

7 may detail, on a reimbursable basis, any of its personnel

8 to the Administrator to assist the Administrator in car9 rying out the functions of the Administrator under this

10 title.

11 ‘‘(d) SERVICES.—The Administrator may obtain serv12 ices as authorized by section 3109 of title 5, United States

13 Code, at rates not to exceed the rate now or hereafter pay14 able under section 5376 of title 5, United States Code.

15 ‘‘SEC. 203. VOLUNTARY SERVICE.

16 ‘‘The Administrator may accept and employ, in car17 rying out the provisions of this Act, voluntary and uncom18 pensated services notwithstanding the provisions of section

19 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).

20 ‘‘SEC. 204. NATIONAL PROGRAM.

21 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL, PREVEN22 TION, AND JUVENILE OFFENDER ACCOUNTABILITY PLAN.—

23 ‘‘(1) IN GENERAL.—Subject to the general au24 thority of the Attorney General, the Administrator

25 shall develop objectives, priorities, and short- and
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1 long-term plans, and shall implement overall policy

2 and a strategy to carry out such plan, for all Federal

3 juvenile crime control, prevention, and juvenile of4 fender accountability programs and activities relating

5 to improving juvenile crime control, the rehabilitation

6 of juvenile offenders, the prevention of juvenile crime,

7 and the enhancement of accountability by offenders

8 within the juvenile justice system in the United

9 States.

10 ‘‘(2) CONTENTS OF PLANS.—

11 ‘‘(A) IN GENERAL.—Each plan described in

12 paragraph (1) shall—

13 ‘‘(i) contain specific, measurable goals

14 and criteria for reducing the incidence of

15 crime and delinquency among juveniles, im16 proving juvenile crime control, and ensur17 ing accountability by offenders within the

18 juvenile justice system in the United States,

19 and shall include criteria for any discre20 tionary grants and contracts, for con21 ducting research, and for carrying out other

22 activities under this title;

23 ‘‘(ii) provide for coordinating the ad24 ministration of programs and activities

25 under this title with the administration of
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1 all other Federal juvenile crime control, pre2 vention, and juvenile offender account3 ability programs and activities, including

4 proposals for joint funding to be coordi5 nated by the Administrator;

6 ‘‘(iii) provide a detailed summary and

7 analysis of the most recent data available

8 regarding the number of juveniles taken into

9 custody, the rate at which juveniles are

10 taken into custody, the time served by juve11 niles in custody, and the trends dem12 onstrated by such data;

13 ‘‘(iv) provide a description of the ac14 tivities for which amounts are expended

15 under this title;

16 ‘‘(v) provide specific information relat17 ing to the attainment of goals set forth in

18 the plan, including specific, measurable

19 standards for assessing progress toward na20 tional juvenile crime reduction and juvenile

21 offender accountability goals; and

22 ‘‘(vi) provide for the coordination of

23 Federal, State, and local initiatives for the

24 reduction of youth crime, preventing delin-
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1 quency, and ensuring accountability for ju2 venile offenders.

3 ‘‘(B) SUMMARY AND ANALYSIS.—Each sum4 mary and analysis under subparagraph (A)(iii)

5 shall set out the information required by clauses

6 (i), (ii), and (iii) of this subparagraph sepa7 rately for juvenile nonoffenders, juvenile status

8 offenders, and other juvenile offenders. Such sum9 mary and analysis shall separately address with

10 respect to each category of juveniles specified in

11 the preceding sentence—

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

13 juveniles are charged;

14 ‘‘(ii) the ages of the juveniles;

15 ‘‘(iii) the types of facilities used to hold

16 the juveniles (including juveniles treated as

17 adults for purposes of prosecution) in cus18 tody, including secure detention facilities,

19 secure correctional facilities, jails, and lock20 ups;

21 ‘‘(iv) the length of time served by juve22 niles in custody; and

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

24 or who suffered serious bodily injury while

25 in custody and the circumstances under
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1 which each juvenile died or suffered such in2 jury.

3 ‘‘(C) DEFINITION OF SERIOUS BODILY IN4 JURY.—In this paragraph, the term ‘serious bod5 ily injury’ means bodily injury involving ex6 treme physical pain or the impairment of a

7 function of a bodily member, organ, or mental

8 faculty that requires medical intervention such

9 as surgery, hospitalization, or physical rehabili10 tation.

11 ‘‘(3) ANNUAL REVIEW.—The Administrator shall

12 annually—

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

14 subsection;

15 ‘‘(B) revise the plans, as the Administrator

16 considers appropriate; and

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

18 present the plans to the Committee on the Judi19 ciary of the Senate and the Committee on Edu20 cation and the Workforce of the House of Rep21 resentatives.

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

23 this title, the Administrator shall—

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

25 General as to all matters relating to federally assisted
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1 juvenile crime control, prevention, and juvenile of2 fender accountability programs, and Federal policies

3 regarding juvenile crime and justice, including poli4 cies relating to juveniles prosecuted or adjudicated in

5 the Federal courts;

6 ‘‘(2) implement and coordinate Federal juvenile

7 crime control, prevention, and juvenile offender ac8 countability programs and activities among Federal

9 departments and agencies and between such programs

10 and activities and other Federal programs and activi11 ties that the Administrator determines may have an

12 important bearing on the success of the entire na13 tional juvenile crime control, prevention, and juvenile

14 offender accountability effort including, in consulta15 tion with the Director of the Office of Management

16 and Budget listing annually those programs to be

17 considered Federal juvenile crime control, prevention,

18 and juvenile accountability programs for the fol19 lowing fiscal year;

20 ‘‘(3) serve as a single point of contact for States,

21 units of local government, and private entities to

22 apply for and coordinate the use of and access to all

23 Federal juvenile crime control, prevention, and juve24 nile offender accountability programs;
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1 ‘‘(4) provide for the auditing of grants provided

2 pursuant to this title;

3 ‘‘(5) collect, prepare, and disseminate useful data

4 regarding the prevention, correction, and control of

5 juvenile crime and delinquency, and issue, not less

6 frequently than once each calendar year, a report on

7 successful programs and juvenile crime reduction

8 methods utilized by States, localities, and private en9 tities;

10 ‘‘(6) ensure the performance of comprehensive

11 rigorous independent scientific evaluations, each of

12 which shall—

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

14 employ rigorous and scientifically valid stand15 ards and methodologies; and

16 ‘‘(B) include measures of outcome and proc17 ess objectives, such as reductions in juvenile

18 crime, youth gang activity, youth substance

19 abuse, and other high risk factors, as well as in20 creases in protective factors that reduce the like21 lihood of delinquency and criminal behavior;

22 ‘‘(7) involve consultation with appropriate au23 thorities in the States and with appropriate private

24 entities in the development, review, and revision of

25 the plans required by subsection (a) and in the devel-
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1 opment of policies relating to juveniles prosecuted or

2 adjudicated in the Federal courts;

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

4 units of local government, and private entities in im5 plementing programs funded by grants under this

6 title;

7 ‘‘(9) provide technical and financial assistance

8 to an organization composed of member representa9 tives of the State advisory groups appointed under

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

11 paragraph, if such an organization agrees to carry

12 out activities that include—

13 ‘‘(A) conducting an annual conference of

14 such member representatives for purposes relat15 ing to the activities of such State advisory

16 groups;

17 ‘‘(B) disseminating information, data,

18 standards, advanced techniques, and programs

19 models developed through the Institute and

20 through programs funded under section 261; and

21 ‘‘(C) advising the Administrator with re22 spect to particular functions or aspects of the

23 work of the Office; and

24 ‘‘(10) provide technical and financial assistance

25 to an eligible organization composed of member rep-
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1 resentatives of the State advisory groups appointed

2 under section 222(b)(2) to assist such organization to

3 carry out the functions specified under subparagraph

4 (A).

5 ‘‘(A) To be eligible to receive such assistance

6 such organization shall agree to carry out activi7 ties that include—

8 ‘‘(i) conducting an annual conference

9 of such member representatives for purposes

10 relating to the activities of such State advi11 sory groups; and

12 ‘‘(ii) disseminating information, data,

13 standards, advanced techniques, and pro14 gram models developed through the Institute

15 and through programs funded under section

16 261.

17 ‘‘(c) INFORMATION, REPORTS, STUDIES, AND SURVEYS

18 FROM OTHER AGENCIES.—The Administrator through the

19 general authority of the Attorney General, may require,

20 through appropriate authority, Federal departments and

21 agencies engaged in any activity involving any Federal ju22 venile crime control, prevention, and juvenile offender ac23 countability program to provide the Administrator with

24 such information and reports, and to conduct such studies
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1 and surveys, as the Administrator determines to be nec2 essary to carry out the purposes of this title.

3 ‘‘(d) UTILIZATION OF SERVICES AND FACILITIES OF

4 OTHER AGENCIES; REIMBURSEMENT.—The Administrator,

5 through the general authority of the Attorney General, may

6 utilize the services and facilities of any agency of the Fed7 eral Government and of any other public agency or institu8 tion in accordance with appropriate agreements, and to

9 pay for such services either in advance or by way of reim10 bursement as may be agreed upon.

11 ‘‘(e) COORDINATION OF FUNCTIONS OF ADMINIS12 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV13 ICES.—All functions of the Administrator shall be coordi14 nated as appropriate with the functions of the Secretary

15 of Health and Human Services under title III.

16 ‘‘(f) ANNUAL JUVENILE DELINQUENCY DEVELOPMENT

17 STATEMENTS.—

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

19 administers a Federal juvenile crime control, preven20 tion, and juvenile offender accountability program

21 shall annually submit to the Administrator a juvenile

22 crime control, prevention, and juvenile offender ac23 countability development statement.

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

25 submitted under paragraph (1) shall contain such in-
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1 formation, data, and analyses as the Administrator

2 may require. Such analyses shall include an analysis

3 of the extent to which the program of the Federal

4 agency submitting such development statement con5 forms with and furthers Federal juvenile crime con6 trol, prevention, and juvenile offender accountability,

7 prevention, and treatment goals and policies.

8 ‘‘(3) REVIEW AND COMMENT.—

9 ‘‘(A) IN GENERAL.—The Administrator

10 shall review and comment upon each juvenile

11 crime control, prevention, and juvenile offender

12 accountability development statement trans13 mitted to the Administrator under paragraph

14 (1).

15 ‘‘(B) INCLUSION IN OTHER DOCUMENTA16 TION.—The development statement transmitted

17 under paragraph (1), together with the comments

18 of the Administrator under subparagraph (A),

19 shall be—

20 ‘‘(i) included by the Federal agency in21 volved in every recommendation or request

22 made by such agency for Federal legislation

23 that significantly affects juvenile crime con24 trol, prevention, and juvenile offender ac25 countability; and
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1 ‘‘(ii) made available for promulgation

2 to and use by State and local government

3 officials, and by nonprofit organizations in4 volved in delinquency prevention programs.

5 ‘‘(g) JOINT FUNDING.—Notwithstanding any other

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

7 1 Federal agency to be used by any agency, organization,

8 institution, or individual to carry out a Federal juvenile

9 crime control, prevention, or juvenile offender account10 ability program or activity—

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

12 funds may be requested by the Administrator to act

13 for all in administering the funds advanced; and

14 ‘‘(2) in such a case, a single non-Federal share

15 requirement may be established according to the pro16 portion of funds advanced by each Federal agency,

17 and the Administrator may order any such agency to

18 waive any technical grant or contract requirement (as

19 defined in those regulations) that is inconsistent with

20 the similar requirement of the administering agency

21 or which the administering agency does not impose.

22 ‘‘SEC. 205. JUVENILE DELINQUENCY PREVENTION CHAL23 LENGE GRANT PROGRAM.

24 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis25 trator may make grants to eligible States in accordance
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1 with this part for the purpose of providing financial assist2 ance to eligible entities to carry out projects designed to

3 prevent juvenile delinquency, including—

4 ‘‘(1) educational projects or supportive services

5 for delinquent or other juveniles—

6 ‘‘(A) to encourage juveniles to remain in el7 ementary and secondary schools or in alternative

8 learning situations in educational settings;

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

10 in making the transition to the world of work

11 and self-sufficiency;

12 ‘‘(C) to assist in identifying learning dif13 ficulties (including learning disabilities);

14 ‘‘(D) to prevent unwarranted and arbitrary

15 suspensions and expulsions;

16 ‘‘(E) to encourage new approaches and tech17 niques with respect to the prevention of school vi18 olence and vandalism;

19 ‘‘(F) that assist law enforcement personnel

20 and juvenile justice personnel to more effectively

21 recognize and provide for learning-disabled and

22 other disabled juveniles;

23 ‘‘(G) that develop locally coordinated poli24 cies and programs among education, juvenile
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1 justice, public recreation, and social service

2 agencies; or

3 ‘‘(H) to provide services to juveniles with se4 rious mental and emotional disturbances (SED)

5 who are in need of mental health services;

6 ‘‘(2) projects that provide support and treatment

7 to—

8 ‘‘(A) juveniles who are at risk of delin9 quency because they are the victims of child

10 abuse or neglect; and

11 ‘‘(B) juvenile offenders who are victims of

12 child abuse or neglect and to their families, in

13 order to reduce the likelihood that such juvenile

14 offenders will commit subsequent violations of

15 law;

16 ‘‘(3) to develop, implement or operate projects for

17 the prevention or reduction of truancy through part18 nerships between local education agencies, local law

19 enforcement, and, as appropriate, other community

20 groups;

21 ‘‘(4) projects that support State and local pro22 grams to prevent juvenile delinquency by providing

23 for—

24 ‘‘(A) assessments by qualified mental health

25 professionals of incarcerated juveniles who are
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1 suspected of being in need of mental health serv2 ices;

3 ‘‘(B) the development of individualized

4 treatment plans for juveniles determined to be in

5 need of mental health services pursuant to assess6 ments under subparagraph (A);

7 ‘‘(C) the inclusion of discharge plans for in8 carcerated juveniles determined to be in need of

9 mental health services; and

10 ‘‘(D) requirements that all juveniles receiv11 ing psychotropic medication be under the care of

12 a licensed mental health professional;

13 ‘‘(5) 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 with

19 local businesses, public recreation staff, and adults

20 working for community-based organizations and

21 agencies) who are properly screened and trained and

22 that—

23 ‘‘(A) the State establish criteria to assess the

24 quality of those one-on-one mentoring projects;
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1 ‘‘(B) the Administrator develop an annual

2 report on the best mentoring practices in those

3 projects; and

4 ‘‘(C) the State choose exemplary projects,

5 designated Gold Star Mentoring Projects, to re6 ceive preferential access to funding;

7 ‘‘(6) community-based projects and services (in8 cluding literacy and social service programs) that

9 work with juvenile offenders, including those from

10 families with limited English-speaking proficiency,

11 their parents, their siblings, and other family mem12 bers during and after incarceration of the juvenile of13 fenders, in order to strengthen families, to allow juve14 nile offenders to remain in their homes, and to pre15 vent the involvement of other juvenile family members

16 in delinquent activities;

17 ‘‘(7) projects designed to provide for the treat18 ment of juveniles for dependence on or abuse of alco19 hol, drugs, or other harmful substances, giving pri20 ority to juveniles who have been arrested for an al21 leged act of juvenile delinquency or adjudicated delin22 quent;

23 ‘‘(8) projects that leverage funds to provide schol24 arships for postsecondary education and training for

25 low-income juveniles who reside in neighborhoods
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1 with high rates of poverty, violence, and drug-related

2 crimes;

3 ‘‘(9) projects (including school- or community4 based projects) that are designed to prevent, and re5 duce the rate of, the participation of juveniles in

6 gangs that commit crimes (particularly violent

7 crimes), that unlawfully use firearms and other weap8 ons, or that unlawfully traffic in drugs and that in9 volve, to the extent practicable, families and other

10 community members (including law enforcement per11 sonnel and members of the business community) in

12 the activities conducted under such projects, including

13 youth violence courts targeted to juveniles aged 14

14 and younger;

15 ‘‘(10) comprehensive juvenile justice and delin16 quency prevention projects that meet the needs of ju17 veniles through the collaboration of the many local

18 service systems juveniles encounter, including schools,

19 child abuse and neglect courts, courts, law enforce20 ment agencies, child protection agencies, mental

21 health agencies, welfare services, health care agencies,

22 public recreation agencies, and private nonprofit

23 agencies offering services to juveniles;

24 ‘‘(11) to develop, implement, and support, in

25 conjunction with public and private agencies, organi-
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1 zations, and businesses, projects for the employment of

2 juveniles and referral to job training programs (in3 cluding referral to Federal job training programs);

4 ‘‘(12) delinquency prevention activities that in5 volve youth clubs, sports, recreation and parks, peer

6 counseling and teaching, the arts, leadership develop7 ment, community service, volunteer service, before8 and after-school programs, violence prevention activi9 ties, mediation skills training, camping, environ10 mental education, ethnic or cultural enrichment, tu11 toring, and academic enrichment;

12 ‘‘(13) to establish policies and systems to incor13 porate relevant child protective services records into

14 juvenile justice records for purposes of establishing

15 treatment plans for juvenile offenders;

16 ‘‘(14) family strengthening activities, such as

17 mutual support groups for parents and their children

18 and postadoption services for families who adopt chil19 dren with special needs;

20 ‘‘(15) adoptive parent recruitment activities tar21 geted at recruiting permanent adoptive families for

22 older children and children with special needs in the

23 foster care system who are at risk of entering the juve24 nile justice system;
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1 ‘‘(16) projects to coordinate the delivery of ado2 lescent mental health and substance abuse services to

3 children at risk by coordinating councils composed of

4 public and private service providers;

5 ‘‘(17) partnerships between State educational

6 agencies and local educational agencies for the design

7 and implementation of character education and

8 training programs that incorporate the following ele9 ments of character: Caring, citizenship, fairness, re10 spect, responsibility and trustworthiness;

11 ‘‘(18) programs for positive youth development

12 that provide youth at risk of delinquency with—

13 ‘‘(A) an ongoing relationship with a caring

14 adult (for example, mentor, tutor, coach, or shel15 ter youth worker);

16 ‘‘(B) safe places and structured activities

17 during nonschool hours;

18 ‘‘(C) a healthy start;

19 ‘‘(D) a marketable skill through effective

20 education; and

21 ‘‘(E) an opportunity to give back through

22 community service;

23 ‘‘(19) projects that use neighborhood courts or

24 panels that increase victim satisfaction and require

25 juveniles to make restitution, or perform community
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1 service, for the damage caused by their delinquent

2 acts;

3 ‘‘(20) programs designed and operated to provide

4 eligible offenders with an alternative to adjudication

5 that emphasizes restorative justice;

6 ‘‘(21) projects that expand the use of probation

7 officers—

8 ‘‘(A) particularly for the purpose of permit9 ting nonviolent juvenile offenders, including sta10 tus offenders, to remain at home with their fami11 lies as an alternative to detention; and

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

13 terms of their probation; and

14 ‘‘(22) projects that provide for initial intake

15 screening, which may include drug testing, of each ju16 venile taken into custody—

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

18 juvenile will commit a subsequent offense; and

19 ‘‘(B) to provide appropriate interventions to

20 prevent such juvenile from committing subse21 quent offenses.

22 ‘‘(b) ELIGIBILITY OF STATES.—

23 ‘‘(1) APPLICATION.—To be eligible to receive a

24 grant under subsection (a), a State shall submit to
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1 the Administrator an application that contains the

2 following:

3 ‘‘(A) An assurance that the State will use—

4 ‘‘(i) not more than 5 percent of such

5 grant, in the aggregate, for—

6 ‘‘(I) the costs incurred by the

7 State to carry out this part; and

8 ‘‘(II) to evaluate, and provide

9 technical assistance relating to,

10 projects and activities carried out with

11 funds provided under this part; and

12 ‘‘(ii) the remainder of such grant to

13 make grants under subsection (c).

14 ‘‘(B) An assurance that, and a detailed de15 scription of how, such grant will support, and

16 not supplant State and local efforts to prevent

17 juvenile delinquency.

18 ‘‘(C) An assurance that such application

19 was prepared after consultation with and par20 ticipation by—

21 ‘‘(i) community-based organizations

22 that carry out programs, projects, or activi23 ties to prevent juvenile delinquency; and

24 ‘‘(ii) police, sheriff, prosecutors, State

25 or local probation services, juvenile courts,
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1 schools, public recreation agencies, busi2 nesses, and religious affiliated fraternal,

3 nonprofit, and social service organizations

4 involved in crime prevention.

5 ‘‘(D) An assurance that each eligible entity

6 described in subsection (c)(1) that receives an

7 initial grant under subsection (c) to carry out a

8 project or activity shall also receive an assurance

9 from the State that such entity will receive from

10 the State, for the subsequent fiscal year to carry

11 out such project or activity, a grant under such

12 section in an amount that is proportional, based

13 on such initial grant and on the amount of the

14 grant received under subsection (a) by the State

15 for such subsequent fiscal year, but that does not

16 exceed the amount specified for such subsequent

17 fiscal year in such application as approved by

18 the State.

19 ‘‘(E) An assurance that each eligible entity

20 described in subsection (c)(1) that receives a

21 grant to carry out a project or activity under

22 subsection (c) has agreed to provide a 50 percent

23 match of the amount of the grant, including the

24 value of in-kind contributions to fund the project

25 or activity, except that the Administrator may
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1 for good cause reduce the matching requirement

to 331 2 ⁄3 percent for economically disadvantaged

3 communities.

4 ‘‘(F) An assurance that projects or activities

5 funded by a grant under subsection (a) shall be

6 carried out through or in coordination with a

7 court with a juvenile crime or delinquency dock8 et.

9 ‘‘(G) An assurance that of the grant funds

10 remaining after administrative costs are de11 ducted consistent with subparagraph (A)—

12 ‘‘(i) not less than 80 percent shall be

13 used for the purposes designated in para14 graphs (1) through (18) of subsection (a);

15 and

16 ‘‘(ii) not less than 20 percent shall be

17 used for the purposes in paragraphs (19)

18 through (22) of subsection (a).

19 ‘‘(H) Such other information as the Admin20 istrator may reasonably require by rule.

21 ‘‘(2) APPROVAL OF APPLICATIONS.—

22 ‘‘(A) APPROVAL REQUIRED.—Subject to sub23 paragraph (A), the Administrator shall approve

24 an application, and amendments to such appli-
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1 cation submitted in subsequent fiscal years, that

2 satisfy the requirements of paragraph (1).

3 ‘‘(B) LIMITATION.—The Administrator may

4 not approve such application (including amend5 ments to such application) for a fiscal year

6 unless—

7 ‘‘(i)(I) the State submitted a plan

8 under section 222 for such fiscal year; and

9 ‘‘(II) such plan is approved by the Ad10 ministrator for such fiscal year; or

11 ‘‘(ii) the Administrator waives the ap12 plication of clause (i) to such State for such

13 fiscal year, after finding good cause for such

14 a waiver.

15 ‘‘(c) GRANTS FOR LOCAL PROJECTS.—

16 ‘‘(1) SELECTION FROM AMONG APPLICATIONS.—

17 ‘‘(A) IN GENERAL.—Using a grant received

18 under subsection (a), a State may make grants

19 to eligible entities whose applications are re20 ceived by the State in accordance with para21 graph (2) to carry out projects and activities de22 scribed in subsection (a).

23 ‘‘(B) SPECIAL CONSIDERATION.—For pur24 poses of making such grants, the State shall give

25 special consideration to eligible entities that—
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1 ‘‘(i) propose to carry out such projects

2 in geographical areas in which there is—

3 ‘‘(I) a disproportionately high

4 level of serious crime committed by ju5 veniles; or

6 ‘‘(II) a recent rapid increase in

7 the number of nonstatus offenses com8 mitted by juveniles;

9 ‘‘(ii)(I) agree to carry out such projects

10 or activities that are multidisciplinary and

11 involve 2 or more eligible entities; or

12 ‘‘(II) represent communities that have

13 a comprehensive plan designed to identify

14 at-risk juveniles and to prevent or reduce

15 the rate of juvenile delinquency, and that

16 involve other entities operated by individ17 uals who have a demonstrated history of in18 volvement in activities designed to prevent

19 juvenile delinquency; and

20 ‘‘(iii) state the amount of resources (in

21 cash or in kind) such entities will provide

22 to carry out such projects and activities.

23 ‘‘(2) RECEIPT OF APPLICATIONS.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), a unit of local government shall sub-
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1 mit to the State simultaneously all applications

2 that are—

3 ‘‘(i) timely received by such unit from

4 eligible entities; and

5 ‘‘(ii) determined by such unit to be

6 consistent with a current plan formulated

7 by such unit for the purpose of preventing,

8 and reducing the rate of, juvenile delin9 quency in the geographical area under the

10 jurisdiction of such unit.

11 ‘‘(B) DIRECT SUBMISSION.—If an applica12 tion submitted to such unit by an eligible entity

13 satisfies the requirements specified in clauses (i)

14 and (ii) of subparagraph (A), such entity may

15 submit such application directly to the State.

16 ‘‘(d) ELIGIBILITY OF ENTITIES.—

17 ‘‘(1) ELIGIBILITY.—Subject to paragraph (2)

18 and except as provided in paragraph (3), to be eligi19 ble to receive a grant under subsection (c), a commu20 nity-based organization, local juvenile justice system

21 officials (including prosecutors, police officers, judges,

22 probation officers, parole officers, and public defend23 ers), local education authority (as defined in section

24 14101 of the Elementary and Secondary Education

25 Act of 1965 and including a school within such au-
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1 thority), local recreation agency, nonprofit private or2 ganization (including a faith-based organization),

3 unit of local government, or social service provider,

4 and/or other entity with a demonstrated history of in5 volvement in the prevention of juvenile delinquency,

6 shall submit to a unit of local government an appli7 cation that contains the following:

8 ‘‘(A) An assurance that such applicant will

9 use such grant, and each such grant received for

10 the subsequent fiscal year, to carry out through11 out a 2-year period a project or activity de12 scribed in reasonable detail, and of a kind de13 scribed in 1 or more of paragraphs (1) through

14 (22) of subsection (a) as specified in, such appli15 cation.

16 ‘‘(B) A statement of the particular goals

17 such project or activity is designed to achieve,

18 and the methods such entity will use to achieve,

19 and assess the achievement of, each of such goals.

20 ‘‘(C) A statement identifying the research

21 (if any) such entity relied on in preparing such

22 application.

23 ‘‘(2) REVIEW AND SUBMISSION OF APPLICA24 TIONS.—Except as provided in paragraph (3), an en-
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1 tity shall not be eligible to receive a grant under sub2 section (c) unless—

3 ‘‘(A) such entity submits to a unit of local

4 government an application that—

5 ‘‘(i) satisfies the requirements specified

6 in subsection (a); and

7 ‘‘(ii) describes a project or activity to

8 be carried out in the geographical area

9 under the jurisdiction of such unit; and

10 ‘‘(B) such unit determines that such project

11 or activity is consistent with a current plan for12 mulated by such unit for the purpose of pre13 venting, and reducing the rate of, juvenile delin14 quency in the geographical area under the juris15 diction of such unit.

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

17 grant under subsection (c) to carry out a project or

18 activity for a 2-year period, and receives technical as19 sistance from the State or the Administrator after re20 questing such technical assistance (if any), fails to

21 demonstrate, before the expiration of such 2-year pe22 riod, that such project or such activity has achieved

23 substantial success in achieving the goals specified in

24 the application submitted by such entity to receive

25 such grants, then such entity shall not be eligible to
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1 receive any subsequent grant under such section to

2 continue to carry out such project or activity.

3 ‘‘(e) REPORTING REQUIREMENT.—Not later than 180

4 days after the last day of each fiscal year, the Administrator

5 shall submit to the Chairman of the Committee on Edu6 cation and the Workforce of the House of Representatives

7 and the Chairman of the Committee on the Judiciary of

8 the Senate a report, which shall—

9 ‘‘(1) describe activities and accomplishments of

10 grant activities funded under this section;

11 ‘‘(2) describe procedures followed to disseminate

12 grant activity products and research findings;

13 ‘‘(3) describe activities conducted to develop pol14 icy and to coordinate Federal agency and interagency

15 efforts related to delinquency prevention;

16 ‘‘(4) identify successful approaches and making

17 the recommendations for future activities to be con18 ducted under this section; and

19 ‘‘(5) describe, on a State-by-State basis, the total

20 amount of matching contributions made by States

21 and eligible entities for activities funded under this

22 section.

23 ‘‘(f) RESEARCH AND EVALUATION.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), of the amount made available to carry out
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1 this section in each fiscal year, the Administrator

2 shall use the lesser of 5 percent or $5,000,000 for re3 search, statistics, and evaluation activities carried out

4 in conjunction with the grant programs under this

5 section.

6 ‘‘(2) EXCEPTION.—No amount shall be available

7 as provided in paragraph (1) for a fiscal year, if

8 amounts are made available for that fiscal year for

9 the National Institute of Justice for evaluation re10 search of juvenile delinquency programs pursuant to

11 subsection (b)(6) or (c)(6) of section 313.

12 ‘‘SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.

13 ‘‘(a) GRANT PROGRAM.—The Administrator may

14 make grants to Indian tribes (as defined in section 4(e) of

15 the Indian Self-Determination and Education Assistance

16 Act) and national, Statewide, or community-based, non17 profit organizations in crime prone areas, (such as Boys

18 and Girls Clubs, Police Athletic Leagues, 4–H Clubs,

19 YWCA, YMCA, Big Brothers and Big Sisters, and Kids ’N

20 Kops programs) for the purposes of—

21 ‘‘(1) providing constructive activities to youth

22 during after school hours, weekends, and school vaca23 tions;
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1 ‘‘(2) providing supervised activities in safe envi2 ronments to youth in those areas, including activities

3 through parks and other recreation areas; and

4 ‘‘(3) providing anti-alcohol and other drug edu5 cation to prevent alcohol and other drug abuse among

6 youth.

7 ‘‘(b) APPLICATIONS.—

8 ‘‘(1) ELIGIBILITY.—In order to be eligible to re9 ceive a grant under this section, the governing body

10 of the Indian tribe or the chief operating officer of a

11 national, Statewide, or community-based nonprofit

12 organization shall submit an application to the Ad13 ministrator, in such form and containing such infor14 mation as the Administrator may reasonably require.

15 ‘‘(2) APPLICATION REQUIREMENTS.—Each appli16 cation submitted in accordance with paragraph (1)

17 shall include—

18 ‘‘(A) a request for a grant to be used for the

19 purposes of this section;

20 ‘‘(B) a description of the communities to be

21 served by the grant, including the nature of juve22 nile crime, violence, and drug use in the commu23 nities;

24 ‘‘(C) written assurances that Federal funds

25 received under this section will be used to supple-
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1 ment and not supplant, non-Federal funds that

2 would otherwise be available for activities funded

3 under this section;

4 ‘‘(D) written assurances that all activities

5 funded under this section will be supervised by

6 an appropriate number of responsible adults;

7 ‘‘(E) a plan for assuring that program ac8 tivities will take place in a secure environment

9 that is free of crime and drugs; and

10 ‘‘(F) any additional statistical or financial

11 information that the Administrator may reason12 ably require.

13 ‘‘(c) GRANT AWARDS.—In awarding grants under this

14 section, the Administrator shall consider—

15 ‘‘(1) the ability of the applicant to provide the

16 intended services;

17 ‘‘(2) the history and establishment of the appli18 cant in providing youth activities; and

19 ‘‘(3) the extent to which services will be provided

20 in crime prone areas, including efforts to achieve an

21 equitable geographic distribution of the grant awards.

22 ‘‘(d) ALLOCATION.—Of the amounts made available to

23 carry out this section—

24 ‘‘(1) 20 percent shall be for grants to national or

25 Statewide nonprofit organizations; and
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1 ‘‘(2) 80 percent shall be for grants to commu2 nity-based, nonprofit organizations.

3 ‘‘(e) CONTINUED AVAILABILITY.—Amounts made

4 available under this section shall remain available until ex5 pended.

6 ‘‘SEC. 207. GRANTS TO INDIAN TRIBES.

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

8 section 208(b) in each fiscal year, the Administrator shall

9 make grants to Indian tribes for programs pursuant to the

10 permissible purposes under section 205 and part B.

11 ‘‘(b) APPLICATIONS.—

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

13 grant under this section, an Indian tribe shall submit

14 to the Administrator an application in such form and

15 containing such information as the Administrator

16 may by regulation require.

17 ‘‘(2) PLANS.—Each application submitted under

18 paragraph (1) shall include a plan for conducting

19 projects described in section 205(a), which plan

20 shall—

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

22 performs law enforcement functions (as deter23 mined by the Secretary of the Interior);

24 ‘‘(B) identify the juvenile justice and delin25 quency problems and juvenile delinquency pre-
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1 vention needs to be addressed by activities con2 ducted by the Indian tribe in the area under the

3 jurisdiction of the Indian tribe with assistance

4 provided by the grant;

5 ‘‘(C) provide for fiscal control and account6 ing procedures that—

7 ‘‘(i) are necessary to ensure the pru8 dent use, proper disbursement, and account9 ing of funds received under this section; and

10 ‘‘(ii) are consistent with the require11 ments of subparagraph (B); and

12 ‘‘(D) comply with the requirements of sec13 tion 222(a) (except that such subsection relates to

14 consultation with a State advisory group) and

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

16 ‘‘(E) contain such other information, and be

17 subject to such additional requirements, as the

18 Administrator may reasonably prescribe to en19 sure the effectiveness of the grant program under

20 this section.

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

22 grants under this section, the Administrator shall

23 consider—
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1 ‘‘(1) the resources that are available to each ap2 plicant that will assist, and be coordinated with, the

3 overall juvenile justice system of the Indian tribe; and

4 ‘‘(2) for each Indian tribe that receives assistance

5 under such a grant—

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

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

8 provided by the grant.

9 ‘‘(d) GRANT AWARDS.—

10 ‘‘(1) IN GENERAL.—

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

12 provided in paragraph (2), the Administrator

13 shall annually award grants under this section

14 on a competitive basis. The Administrator shall

15 enter into a grant agreement with each grant re16 cipient under this section that specifies the terms

17 and conditions of the grant.

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

19 each grant awarded under this section shall be 2

20 years.

21 ‘‘(2) EXCEPTION.—In any case in which the Ad22 ministrator determines that a grant recipient under

23 this section has performed satisfactorily during the

24 preceding year in accordance with an applicable

25 grant agreement, the Administrator may—
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1 ‘‘(A) waive the requirement that the recipi2 ent be subject to the competitive award process

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

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

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

6 ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad7 ministrator may prescribe requirements to provide for

8 appropriate modifications to the plan preparation

9 and application process specified in subsection (b) for

10 an application for a renewal grant under paragraph

11 (2)(B).

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

13 that receives a grant under this section shall be subject to

14 the fiscal accountability provisions of section 5(f)(1) of the

15 Indian Self-Determination and Education Assistance Act

16 (25 U.S.C. 450c(f)(1)), relating to the submission of a sin17 gle-agency audit report required by chapter 75 of title 31,

18 United States Code.

19 ‘‘(f) MATCHING REQUIREMENT.—Funds appropriated

20 by Congress for the activities of any agency of an Indian

21 tribal government or the Bureau of Indian Affairs per22 forming law enforcement functions on any Indian lands

23 may be used to provide the non-Federal share of any pro24 gram or project with a matching requirement funded under

25 this section.
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1 ‘‘(g) TECHNICAL ASSISTANCE.—From the amount re2 served under section 208(b) in each fiscal year, the Admin3 istrator may reserve 1 percent for the purpose of providing

4 technical assistance to recipients of grants under this sec5 tion.

6 ‘‘SEC. 208. ALLOCATION OF GRANTS.

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

8 (d), the amount allocated under section 291 to carry out

9 section 205 in each fiscal year shall be allocated to the

10 States as follows:

11 ‘‘(1) 0.5 percent shall be allocated to each eligible

12 State.

13 ‘‘(2) The amount remaining after the allocation

14 under subparagraph (A) shall be allocated among eli15 gible States as follows:

16 ‘‘(A) 50 percent of such amount shall be al17 located proportionately based on the juvenile

18 population in the eligible States.

19 ‘‘(B) 50 percent of such amount shall be al20 located proportionately based on the annual av21 erage number of arrests for serious crimes com22 mitted in the eligible States by juveniles during

23 the then most recently completed period of 3 con24 secutive calendar years for which sufficient infor25 mation is available to the Administrator.
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1 ‘‘(b) RESERVATION OF FUNDS.—Notwithstanding any

2 other provision of law, from the amounts allocated under

3 section 291 to carry out section 205 and part B in each

4 fiscal year—

5 ‘‘(1) the Administrator shall reserve an amount

6 equal to the amount which all Indian tribes that

7 qualify for a grant under section 207 would collec8 tively be entitled, if such tribes were collectively treat9 ed as a State for purposes of subsection (a); and

10 ‘‘(2) the Administrator shall reserve 5 percent to

11 make grants to States under section 209.

12 ‘‘(c) EXCEPTION.—The amount allocated to the Virgin

13 Islands of the United States, Guam, American Samoa, the

14 Trust Territory of the Pacific Islands, and the Common15 wealth of the Northern Mariana Islands shall be not less

16 than $75,000 and not more than $100,000.

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

18 government, or eligible unit that receives funds under this

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

20 pay for administrative costs.

21 ‘‘SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS

22 SUSPECTED OF IMMINENT SCHOOL VIO23 LENCE.

24 ‘‘(a) IN GENERAL.—Grants under this section shall be

25 known as ‘CRISIS Grants’.
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1 ‘‘(b) AUTHORITY TO MAKE GRANTS.—From the

2 amounts reserved by the Administrator under section

3 208(b)(2), the Administrator shall make a grant to each

4 State in an amount determined under subsection (d), for

5 use in accordance with subsection (c).

6 ‘‘(c) USE OF GRANT AMOUNTS.—Amounts made avail7 able to a State under a grant under this section may be

8 used by the State—

9 ‘‘(1) to support the independent State develop10 ment and operation of confidential, toll-free telephone

11 hotlines that will operate 7 days per week, 24 hours

12 per day, in order to provide students, school officials,

13 and other individuals with the opportunity to report

14 specific threats of imminent school violence or to re15 port other suspicious or criminal conduct by juveniles

16 to appropriate State and local law enforcement enti17 ties for investigation;

18 ‘‘(2) to ensure proper State training of personnel

19 who answer and respond to telephone calls to hotlines

20 described in paragraph (1);

21 ‘‘(3) to assist in the acquisition of technology

22 necessary to enhance the effectiveness of hotlines de23 scribed in paragraph (1), including the utilization of

24 Internet web-pages or resources;
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1 ‘‘(4) to enhance State efforts to offer appropriate

2 counseling services to individuals who call a hotline

3 described in paragraph (1) threatening to do harm to

4 themselves or others; and

5 ‘‘(5) to further State efforts to publicize the serv6 ices offered by the hotlines described in paragraph (1)

7 and to encourage individuals to utilize those services.

8 ‘‘(d) ALLOCATION TO STATES.—The total amount re9 served to carry out this section in each fiscal year shall

10 be allocated to each State based on the proportion of the

11 population of the State that is less than 18 years of age.

12 ‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND

13 LOCAL PROGRAMS

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

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

16 grants to States and units of local government, or combina17 tions thereof, to assist them in planning, establishing, oper18 ating, coordinating, and evaluating projects directly or

19 through grants and contracts with public and private agen20 cies for the development of more effective education, train21 ing, research, prevention, diversion, treatment, and reha22 bilitation programs in the area of juvenile delinquency and

23 programs to improve the juvenile justice system.

24 ‘‘(b) TRAINING AND TECHNICAL ASSISTANCE.—
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1 ‘‘(1) IN GENERAL.—With not to exceed 2 percent

2 of the funds available in a fiscal year to carry out

3 this part, the Administrator shall make grants to and

4 enter into contracts with public and private agencies,

5 organizations, and individuals to provide training

6 and technical assistance to States, units of local gov7 ernments (and combinations thereof), and local pri8 vate agencies to facilitate compliance with section 222

9 and implementation of the State plan approved under

10 section 222(c).

11 ‘‘(2) ELIGIBLE RECIPIENTS.—Grants may be

12 made and contracts may be entered into under para13 graph (1) only to public and private agencies, organi14 zations, and individuals that have experience in pro15 viding such training and technical assistance. In pro16 viding such training and technical assistance, the re17 cipient of a grant or contract under this subsection

18 shall coordinate its activities with the State agency

19 described in section 222(a)(1).

20 ‘‘SEC. 222. STATE PLANS.

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

22 under this part, a State shall submit a plan, developed in

23 consultation with the State Advisory Group established by

24 the State under subsection (b)(2)(A), for carrying out its

25 purposes applicable to a 3-year period. A portion of any
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1 allocation of formula grants to a State shall be available

2 to develop a State plan or for other activities associated

3 with such State plan which are necessary for efficient ad4 ministration, including monitoring, evaluation, and one

5 full-time staff position. The State shall submit annual per6 formance reports to the Administrator, each of which shall

7 describe progress in implementing programs contained in

8 the original plan, and amendments necessary to update the

9 plan, and shall describe the status of compliance with State

10 plan requirements. In accordance with regulations that the

11 Administrator shall prescribe, such plan shall—

12 ‘‘(1) designate a State agency as the sole agency

13 for supervising the preparation and administration of

14 the plan;

15 ‘‘(2) contain satisfactory evidence that the State

16 agency designated in accordance with paragraph (1)

17 has or will have authority, by legislation if necessary,

18 to implement such plan in conformity with this part;

19 ‘‘(3) provide for the active consultation with and

20 participation of units of local government, or com21 binations thereof, in the development of a State plan

22 that adequately takes into account the needs and re23 quests of units of local government, except that noth24 ing in the plan requirements, or any regulations pro25 mulgated to carry out such requirements, shall be con-
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1 strued to prohibit or impede the State from making

2 grants to, or entering into contracts with, local pri3 vate agencies, including religious organizations;

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

5 paragraph (5), provide for an equitable distribution

6 of the assistance received with the State, including

7 rural areas;

8 ‘‘(5) require that the State or unit of local gov9 ernment that is a recipient of amounts under this

10 part distributes those amounts intended to be used for

11 the prevention of juvenile delinquency and reduction

12 of incarceration, to the extent feasible, in proportion

13 to the amount of juvenile crime committed within

14 those regions and communities;

15 ‘‘(6) provide assurances that youth coming into

16 contact with the juvenile justice system are treated eq17 uitably on the basis of gender, race, family income,

18 and disability;

19 ‘‘(7)(A) provide for—

20 ‘‘(i) an analysis of juvenile crime and de21 linquency problems (including the joining of

22 gangs that commit crimes) and juvenile justice

23 and delinquency prevention needs (including

24 educational needs) of the State (including any

25 geographical area in which an Indian tribe per-
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1 forms law enforcement functions), a description

2 of the services to be provided, and a description

3 of performance goals and priorities, including a

4 specific statement of the manner in which pro5 grams are expected to meet the identified juvenile

6 crime problems (including the joining of gangs

7 that commit crimes) and juvenile justice and de8 linquency prevention needs (including edu9 cational needs) of the State;

10 ‘‘(ii) an indication of the manner in which

11 the programs relate to other similar State or

12 local programs that are intended to address the

13 same or similar problems; and

14 ‘‘(iii) a plan for the concentration of State

15 efforts, which shall coordinate all State juvenile

16 crime control, prevention, and delinquency pro17 grams with respect to overall policy and develop18 ment of objectives and priorities for all State ju19 venile crime control and delinquency programs

20 and activities, including provision for regular

21 meetings of State officials with responsibility in

22 the area of juvenile justice and delinquency pre23 vention;

24 ‘‘(B) contain—
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1 ‘‘(i) a plan for providing needed gender-spe2 cific services for the prevention and treatment of

3 juvenile delinquency;

4 ‘‘(ii) a plan for providing needed services

5 for the prevention and treatment of juvenile de6 linquency in rural areas; and

7 ‘‘(iii) a plan for providing needed mental

8 health services to juveniles in the juvenile justice

9 system;

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

11 utilization of existing juvenile delinquency programs,

12 programs operated by public and private agencies

13 and organizations, and other related programs (such

14 as education, special education, recreation, health,

15 and welfare programs) in the State;

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

17 research, training, and evaluation capacity within

18 the State;

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

20 funds available to the State under section 221, other

21 than funds made available to the State advisory

22 group under this section, whether expended directly

23 by the State, by the unit of local government, or by

24 a combination thereof, or through grants and con-
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1 tracts with public or private nonprofit agencies, shall

2 be used for—

3 ‘‘(A) community-based alternatives (includ4 ing home-based alternatives) to incarceration

5 and institutionalization, including—

6 ‘‘(i) for youth who need temporary

7 placement: crisis intervention, shelter, and

8 after-care; and

9 ‘‘(ii) for youth who need residential

10 placement: a continuum of foster care or

11 group home alternatives that provide access

12 to a comprehensive array of services;

13 ‘‘(B) programs that assist in holding juve14 niles accountable for their actions, including the

15 use of graduated sanctions and of neighborhood

16 courts or panels that increase victim satisfaction

17 and require juveniles to make restitution for the

18 damage caused by their delinquent behavior;

19 ‘‘(C) comprehensive juvenile crime control

20 and delinquency prevention programs that meet

21 the needs of youth through the collaboration of

22 the many local systems before which a youth

23 may appear, including schools, courts, law en24 forcement agencies, child protection agencies,

25 mental health agencies, welfare services, health
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1 care agencies, public recreation agencies, and

2 private nonprofit agencies offering youth serv3 ices;

4 ‘‘(D) programs that provide treatment to ju5 venile offenders who are victims of child abuse or

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

7 the likelihood that such juvenile offenders will

8 commit subsequent violations of law;

9 ‘‘(E) educational programs or supportive

10 services for delinquent or other juveniles—

11 ‘‘(i) to encourage juveniles to remain

12 in elementary and secondary schools or in

13 alternative learning situations;

14 ‘‘(ii) to provide services to assist juve15 niles in making the transition to the world

16 of work and self-sufficiency; and

17 ‘‘(iii) enhance coordination with the

18 local schools that such juveniles would other19 wise attend, to ensure that—

20 ‘‘(I) the instruction that juveniles

21 receive outside school is closely aligned

22 with the instruction provided in school;

23 and

24 ‘‘(II) information regarding any

25 learning problems identified in such
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1 alternative learning situations are

2 communicated to the schools;

3 ‘‘(F) expanding the use of probation

4 officers—

5 ‘‘(i) particularly for the purpose of

6 permitting nonviolent juvenile offenders (in7 cluding status offenders) to remain at home

8 with their families as an alternative to in9 carceration or institutionalization; and

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

11 terms of their probation;

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

13 are designed to link at-risk juveniles and juvenile

14 offenders, particularly juveniles residing in high15 crime areas and juveniles experiencing edu16 cational failure, with responsible adults (such as

17 law enforcement officers, adults working with

18 local businesses, and adults working with com19 munity-based organizations and agencies) who

20 are properly screened and trained;

21 ‘‘(H) programs designed to develop and im22 plement projects relating to juvenile delinquency

23 and learning disabilities, including on-the-job

24 training programs to assist community services,

25 law enforcement, and juvenile justice personnel
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1 to more effectively recognize and provide for

2 learning disabled and other juveniles with dis3 abilities;

4 ‘‘(I) projects designed both to deter involve5 ment in illegal activities and to promote involve6 ment in lawful activities on the part of gangs

7 whose membership is substantially composed of

8 youth;

9 ‘‘(J) programs and projects designed to pro10 vide for the treatment of youths’ dependence on

11 or abuse of alcohol or other addictive or non12 addictive drugs;

13 ‘‘(K) boot camps for juvenile offenders;

14 ‘‘(L) community-based programs and serv15 ices to work with juveniles, their parents, and

16 other family members during and after incarcer17 ation in order to strengthen families so that such

18 juveniles may be retained in their homes;

19 ‘‘(M) other activities (such as court-ap20 pointed advocates) that the State determines will

21 hold juveniles accountable for their acts and de22 crease juvenile involvement in delinquent activi23 ties;

24 ‘‘(N) establishing policies and systems to in25 corporate relevant child protective services
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1 records into juvenile justice records for purposes

2 of establishing treatment plans for juvenile of3 fenders;

4 ‘‘(O) programs (including referral to lit5 eracy programs and social service programs) to

6 assist families with limited English-speaking

7 ability that include delinquent juveniles to over8 come language and other barriers that may pre9 vent the complete treatment of such juveniles and

10 the preservation of their families;

11 ‘‘(P) programs that utilize multidisci12 plinary interagency case management and infor13 mation sharing, that enable the juvenile justice

14 and law enforcement agencies, schools, and social

15 service agencies to make more informed decisions

16 regarding early identification, control, super17 vision, and treatment of juveniles who repeatedly

18 commit violent or serious delinquent acts;

19 ‘‘(Q) programs designed to prevent and re20 duce hate crimes committed by juveniles;

21 ‘‘(R) court supervised initiatives that ad22 dress the illegal possession of firearms by juve23 niles; and
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1 ‘‘(S) programs for positive youth develop2 ment that provide delinquent youth and youth

3 at-risk of delinquency with—

4 ‘‘(i) an ongoing relationship with a

5 caring adult (for example, mentor, tutor,

6 coach, or shelter youth worker);

7 ‘‘(ii) safe places and structured activi8 ties during nonschool hours;

9 ‘‘(iii) a healthy start;

10 ‘‘(iv) a marketable skill through effec11 tive education; and

12 ‘‘(v) an opportunity to give back

13 through community service;

14 ‘‘(11) shall provide that—

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

16 have committed an offense that would not be

17 criminal if committed by an adult, excluding—

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

19 who have committed a violation of section

20 922(x)(2) of title 18, United States Code, or

21 of a similar State law;

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

23 who have committed a violation of a valid

24 court order; and
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1 ‘‘(iii) juveniles who are held in accord2 ance with the Interstate Compact on Juve3 niles as enacted by the State;

4 shall not be placed in secure detention facilities

5 or secure correctional facilities; and

6 ‘‘(B) juveniles—

7 ‘‘(i) who are not charged with any of8 fense; and

9 ‘‘(ii) who are—

10 ‘‘(I) aliens; or

11 ‘‘(II) alleged to be dependent, ne12 glected, or abused;

13 shall not be placed in secure detention facilities

14 or secure correctional facilities;

15 ‘‘(12) provide that—

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

17 delinquent or juveniles within the purview of

18 paragraph (11) will not be detained or confined

19 in any institution in which they have prohibited

20 physical contact or sustained oral communica21 tion with adult inmates; and

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

23 that requires individuals who work with both

24 such juveniles and such adult inmates, including
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1 in collocated facilities, have been trained and

2 certified to work with juveniles;

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

4 confined in any jail or lockup for adults except—

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

6 offenses and who are detained in such jail or

7 lockup for a period not to exceed 6 hours—

8 ‘‘(i) for processing or release;

9 ‘‘(ii) while awaiting transfer to a juve10 nile facility; or

11 ‘‘(iii) in which period such juveniles

12 make a court appearance;

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

14 offenses, who are awaiting an initial court ap15 pearance that will occur within 48 hours after

16 being taken into custody (excluding Saturdays,

17 Sundays, and legal holidays), and who are de18 tained or confined in a jail or lockup—

19 ‘‘(i) in which—

20 ‘‘(I) such juveniles do not have

21 prohibited physical contact or sus22 tained oral communication with adult

23 inmates; and

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

25 a policy that requires individuals who
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1 work with both such juveniles and such

2 adult inmates, including in collocated

3 facilities, have been trained and cer4 tified to work with juveniles; and

5 ‘‘(ii) that—

6 ‘‘(I) is located outside a metro7 politan statistical area (as defined by

8 the Office of Management and Budget)

9 and has no existing acceptable alter10 native placement available;

11 ‘‘(II) is located where conditions

12 of distance to be traveled or the lack of

13 highway, road, or transportation do

14 not allow for court appearances within

15 48 hours (excluding Saturdays, Sun16 days, and legal holidays) so that a

17 brief (not to exceed an additional 48

18 hours) delay is excusable; or

19 ‘‘(III) is located where conditions

20 of safety exist (such as severe adverse,

21 life-threatening weather conditions that

22 do not allow for reasonably safe trav23 el), in which case the time for an ap24 pearance may be delayed until 24
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1 hours after the time that such condi2 tions allow for reasonable safe travel;

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

4 offenses and who are detained or confined in a

5 jail or lockup that satisfies the requirements of

6 subparagraph (B)(i) if—

7 ‘‘(i) such jail or lockup—

8 ‘‘(I) is located outside a metro9 politan statistical area (as defined by

10 the Office of Management and Budget);

11 and

12 ‘‘(II) has no existing acceptable

13 alternative placement available;

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

15 (or guardian ad litem) of the juvenile in16 volved consents to detaining or confining

17 such juvenile in accordance with this sub18 paragraph and the parent has the right to

19 revoke such consent at any time;

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

21 counsel representing such juvenile has an

22 opportunity to present the juvenile’s posi23 tion regarding the detention or confinement

24 involved to the court before the court finds

25 that such detention or confinement is in the
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1 best interest of such juvenile and approves

2 such detention or confinement; and

3 ‘‘(iv) detaining or confining such juve4 nile in accordance with this subparagraph

5 is—

6 ‘‘(I) approved in advance by a

7 court with competent jurisdiction;

8 ‘‘(II) required to be reviewed peri9 odically, at intervals of not more than

10 5 days (excluding Saturdays, Sundays,

11 and legal holidays), by such court for

12 the duration of detention or confine13 ment, which review may be in the pres14 ence of the juvenile; and

15 ‘‘(III) for a period preceding the

16 sentencing (if any) of such juvenile;

17 ‘‘(14) provide assurances that consideration will

18 be given to and that assistance will be available for

19 approaches designed to strengthen the families of de20 linquent and other youth to prevent juvenile delin21 quency (which approaches should include the involve22 ment of grandparents or other extended family mem23 bers, when possible, and appropriate and the provi24 sion of family counseling during the incarceration of
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1 juvenile family members and coordination of family

2 services when appropriate and feasible);

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

4 protecting the rights of recipients of services and for

5 assuring appropriate privacy with regard to records

6 relating to such services provided to any individual

7 under the State plan;

8 ‘‘(16) provide for such fiscal control and fund ac9 counting procedures necessary to assure prudent use,

10 proper disbursement, and accurate accounting of

11 funds received under this title;

12 ‘‘(17) provide reasonable assurances that Federal

13 funds made available under this part for any period

14 shall be so used as to supplement and increase (but

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

16 non-Federal funds that would in the absence of such

17 Federal funds be made available for the programs de18 scribed in this part, and shall in no event replace

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

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

21 under paragraph (1) will, not less often than annu22 ally, review its plan and submit to the Administrator

23 an analysis and evaluation of the effectiveness of the

24 programs and activities carried out under the plan,

25 and any modifications in the plan, including the sur-
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1 vey of State and local needs, that the agency considers

2 necessary;

3 ‘‘(19) provide assurances that the State or each

4 unit of local government that is a recipient of

5 amounts under this part require that any person con6 victed of a sexual act or sexual contact involving any

7 other person who has not attained the age of 18 years,

8 and who is not less than 4 years younger than such

9 convicted person, be tested for the presence of any sex10 ually transmitted disease and that the results of such

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

12 victim as well as to any court or other government

13 agency with primary authority for sentencing the

14 person convicted for the commission of the sexual act

15 or sexual contact (as those terms are defined in para16 graphs (2) and (3), respectively, of section 2246 of

17 title 18, United States Code) involving a person not

18 having attained the age of 18 years;

19 ‘‘(20) provide that if a juvenile is taken into cus20 tody for violating a valid court order issued for com21 mitting a status offense—

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

23 promptly notified that such juvenile is held in

24 custody for violating such order;
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1 ‘‘(B) not later than 24 hours during which

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

4 such juvenile; and

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

6 such juvenile is so held—

7 ‘‘(i) such representative shall submit

8 an assessment to the court that issued such

9 order, regarding the immediate needs of

10 such juvenile; and

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

13 ‘‘(I) whether there is reasonable

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

16 ‘‘(II) the appropriate placement of

17 such juvenile pending disposition of the

18 violation alleged;

19 ‘‘(21) specify a percentage, if any, of funds re20 ceived by the State under section 221 that the State

21 will reserve for expenditure by the State to provide

22 incentive grants to units of local government that re23 duce the case load of probation officers within such

24 units;
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1 ‘‘(22) provide that the State, to the maximum

2 extent practicable, will implement a system to ensure

3 that if a juvenile is before a court in the juvenile jus4 tice system, public child welfare records (including

5 child protective services records) relating to such juve6 nile that are on file in the geographical area under

7 the jurisdiction of such court will be made known to

8 such court;

9 ‘‘(23) unless the provisions of this paragraph are

10 waived at the discretion of the Administrator for any

11 State in which the services for delinquent or other

12 youth are organized primarily on a statewide basis,

13 provide that at least 50 percent of funds received by

14 the State under this section, other than funds made

15 available to the State advisory group, shall be

16 expended—

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

18 local government or combinations thereof, to the

19 extent such programs are consistent with the

20 State plan; and

21 ‘‘(B) through programs of local private

22 agencies, to the extent such programs are con23 sistent with the State plan, except that direct

24 funding of any local private agency by a State

25 shall be permitted only if such agency requests
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1 such funding after it has applied for and been

2 denied funding by any unit of general local gov3 ernment or combination thereof;

4 ‘‘(24) provide for the establishment of youth tri5 bunals and peer ‘juries’ in school districts in the

6 State to promote zero tolerance policies with respect

7 to misdemeanor offenses, acts of juvenile delinquency,

8 and other antisocial behavior occurring on school

9 grounds, including truancy, vandalism, underage

10 drinking, and underage tobacco use;

11 ‘‘(25) provide for projects to coordinate the deliv12 ery of adolescent mental health and substance abuse

13 services to children at risk by coordinating councils

14 composed of public and private service providers;

15 ‘‘(26) provide assurances that—

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

17 will not cause the displacement (including a

18 partial displacement, such as a reduction in the

19 hours of nonovertime work, wages, or employ20 ment benefits) of any currently employed em21 ployee;

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

23 not impair an existing collective bargaining re24 lationship, contract for services, or collective bar25 gaining agreement; and
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1 ‘‘(C) no such activity that would be incon2 sistent with the terms of a collective bargaining

3 agreement shall be undertaken without the writ4 ten concurrence of the labor organization in5 volved;

6 ‘‘(27) to the extent that segments of the juvenile

7 population are shown to be detained or confined in

8 secure detention facilities, secure correctional facili9 ties, jails, and lockups, to a greater extent than the

10 proportion of these groups in the general juvenile pop11 ulation, address prevention efforts designed to reduce

12 such disproportionate confinement, without requiring

13 the release or the failure to detain any individual;

14 and

15 ‘‘(28) demonstrate that the State has in effect a

16 policy or practice that requires State or local law en17 forcement agencies to—

18 ‘‘(A) present before a judicial officer any ju19 venile who unlawfully possesses a firearm in a

20 school; and

21 ‘‘(B) detain such juvenile in an appropriate

22 juvenile facility or secure community-based

23 placement for not less than 24 hours for appro24 priate evaluation, upon a finding by the judicial

25 officer that the juvenile may be a danger to him-
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1 self or herself, to other individuals, or to the com2 munity in which that juvenile resides.

3 ‘‘(b) APPROVAL BY STATE AGENCY.—

4 ‘‘(1) STATE AGENCY.—The State agency des5 ignated under subsection (a)(1) shall approve the

6 State plan and any modification thereof prior to sub7 mission of the plan to the Administrator.

8 ‘‘(2) STATE ADVISORY GROUP.—

9 ‘‘(A) ESTABLISHMENT.—The State advisory

10 group referred to in subsection (a) shall be

11 known as the ‘State Advisory Group’. The State

12 Advisory Group shall consist of representatives

13 from both the private and public sector, each of

14 whom shall be appointed for a term of not more

15 than 6 years. The State shall ensure that mem16 bers of the State Advisory Group shall have expe17 rience in the area of juvenile delinquency preven18 tion, the prosecution of juvenile offenders, the

19 treatment of juvenile delinquency, the investiga20 tion of juvenile crimes, or the administration of

21 juvenile justice programs, and shall include not

22 less than 1 prosecutor and not less than 1 judge

23 from a court with a juvenile crime or delin24 quency docket. The chairperson of the State Ad-
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1 visory Group shall not be a full-time employee of

2 the Federal Government or the State government.

3 ‘‘(B) CONSULTATION.—

4 ‘‘(i) IN GENERAL.—The State Advisory

5 Group established under subparagraph (A)

6 shall—

7 ‘‘(I) participate in the develop8 ment and review of the State plan

9 under this section before submission to

10 the supervisory agency for final action;

11 and

12 ‘‘(II) be afforded an opportunity

13 to review and comment, not later than

14 30 days after the submission to the

15 State Advisory Group, on all juvenile

16 justice and delinquency prevention

17 grant applications submitted to the

18 State agency designated under sub19 section (a)(1).

20 ‘‘(ii) AUTHORITY.—The State Advisory

21 Group shall report to the chief executive of22 ficer and the legislature of the State on an

23 annual basis regarding recommendations

24 related to the State’s compliance under this

25 section.
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1 ‘‘(C) FUNDING.—From amounts reserved for

2 administrative costs, the State may make avail3 able to the State Advisory Group such sums as

4 may be necessary to assist the State Advisory

5 Group in adequately performing its duties under

6 this paragraph.

7 ‘‘(c) COMPLIANCE WITH STATUTORY REQUIRE8 MENTS.—

9 ‘‘(1) IN GENERAL.—If a State fails to comply

10 with any of the applicable requirements of paragraph

11 (11), (12), (13), (27), or (28) of subsection (a) in any

12 fiscal year beginning after September 30, 2000, the

13 amount allocated to such State for the subsequent fis14 cal year shall be reduced by not to exceed 10 percent

15 for each such paragraph with respect to which the

16 failure occurs, unless the Administrator determines

17 that the State—

18 ‘‘(A) has achieved substantial compliance

19 with such applicable requirements with respect

20 to which the State was not in compliance; and

21 ‘‘(B) has made, through appropriate execu22 tive or legislative action, an unequivocal com23 mitment to achieving full compliance with such

24 applicable requirements within a reasonable

25 time.
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1 ‘‘(2) WAIVER.—The Administrator may, upon

2 request by a State showing good cause, waive the ap3 plication of this subsection with respect to such State.

4 ‘‘SEC. 223. ALLOCATION OF GRANTS.

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

6 (d), the amount allocated under section 291 to carry out

7 this part in each fiscal year that remains after reservation

8 under section 208(b) for that fiscal year shall be allocated

9 to the States as follows:

10 ‘‘(1) 0.5 percent shall be allocated to each eligible

11 State.

12 ‘‘(2) The amount remaining after the allocation

13 under clause (i) shall be allocated proportionately

14 based on the juvenile population in the eligible States.

15 ‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount allo16 cated under section 291 to carry out this part in each fiscal

17 year that remains after reservation under section 208(b) for

18 that fiscal year, up to 10 percent may be available for use

19 by the Administrator to provide—

20 ‘‘(1) training and technical assistance consistent

21 with the purposes authorized under sections 204, 205,

22 and 221;

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

24 develop, test, and demonstrate new approaches to im25 proving the juvenile justice system and reducing, pre-
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1 venting, and abating delinquent behavior, juvenile

2 crime, and youth violence;

3 ‘‘(3) for research and evaluation efforts to dis4 cover and test methods and practices to improve the

5 juvenile justice system and reduce, prevent, and abate

6 delinquent behavior, juvenile crime, and youth vio7 lence; and

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

9 practices, consistent with purposes authorized under

10 sections 204, 205, and 221.

11 ‘‘(c) EXCEPTION.—The amount allocated to the Virgin

12 Islands of the United States, Guam, American Samoa, the

13 Trust Territory of the Pacific Islands, and the Common14 wealth of the Northern Mariana Islands shall be not less

15 than $75,000 and not more than $100,000.

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

17 government, or eligible unit that receives funds under this

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

19 pay for administrative costs.

20 ‘‘PART C—NATIONAL PROGRAMS

21 ‘‘SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR

22 JUVENILE CRIME CONTROL AND DELIN23 QUENCY PREVENTION.

24 ‘‘(a) IN GENERAL.—There is established within the

25 National Institute of Justice a National Institute for Juve-
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1 nile Crime Control and Delinquency Prevention, the pur2 pose of which shall be to provide—

3 ‘‘(1) through the National Institute of Justice,

4 for the rigorous and independent evaluation of the de5 linquency and youth violence prevention programs

6 funded under this title; and

7 ‘‘(2) funding for new research, through the Na8 tional Institute of Justice, on the nature, causes, and

9 prevention of juvenile violence and juvenile delin10 quency.

11 ‘‘(b) ADMINISTRATION.—The National Institute for

12 Juvenile Crime Control and Delinquency Prevention shall

13 be under the supervision and direction of the Director of

14 the National Institute of Justice (referred to in this part

15 as the ‘Director’), in consultation with the Administrator.

16 ‘‘(c) COORDINATION.—The activities of the National

17 Institute for Juvenile Crime Control and Delinquency Pre18 vention shall be coordinated with the activities of the Na19 tional Institute of Justice.

20 ‘‘(d) DUTIES OF THE INSTITUTE.—

21 ‘‘(1) IN GENERAL.—The Administrator shall

22 transfer appropriated amounts to the National Insti23 tute of Justice, or to other Federal agencies, for the

24 purposes of new research and evaluation projects

25 funded by the National Institute for Juvenile Crime
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1 Control and Delinquency Prevention, and for evalua2 tion of discretionary programs of the Office of Juve3 nile Crime Control and Prevention.

4 ‘‘(2) REQUIREMENTS.—Each evaluation and re5 search study funded with amounts transferred under

6 paragraph (1) shall—

7 ‘‘(A) be independent in nature;

8 ‘‘(B) be awarded competitively; and

9 ‘‘(C) employ rigorous and scientifically rec10 ognized standards and methodologies, including

11 peer review by nonapplicants.

12 ‘‘(e) POWERS OF THE INSTITUTE.—In addition to the

13 other powers, express and implied, the National Institute

14 for Juvenile Crime Control and Delinquency Prevention

15 may—

16 ‘‘(1) request any Federal agency to supply such

17 statistics, data, program reports, and other material

18 as the National Institute for Juvenile Crime Control

19 and Delinquency Prevention deems necessary to carry

20 out its functions;

21 ‘‘(2) arrange with and reimburse the heads of

22 Federal agencies for the use of personnel or facilities

23 or equipment of such agencies;
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1 ‘‘(3) confer with and avail itself of the coopera2 tion, services, records, and facilities of State, munic3 ipal, or other public or private local agencies;

4 ‘‘(4) make grants and enter into contracts with

5 public or private agencies, organizations, or individ6 uals for the partial performance of any functions of

7 the National Institute for Juvenile Crime Control and

8 Delinquency Prevention; and

9 ‘‘(5) compensate consultants and members of

10 technical advisory councils who are not in the regular

11 full-time employ of the United States, at a rate now

12 or hereafter payable under section 5376 of title 5,

13 United States Code, and while away from home, or

14 regular place of business, they may be allowed travel

15 expenses, including per diem in lieu of subsistence, as

16 authorized by section 5703 of title 5, United States

17 Code, for persons in the Government service employed

18 intermittently.

19 ‘‘(f) INFORMATION FROM FEDERAL AGENCIES.—A

20 Federal agency that receives a request from the National

21 Institute for Juvenile Crime Control and Delinquency Pre22 vention under subsection (e)(1) may cooperate with the Na23 tional Institute for Juvenile Crime Control and Delin24 quency Prevention and shall, to the maximum extent prac25 ticable, consult with and furnish information and advice
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1 to the National Institute for Juvenile Crime Control and

2 Delinquency Prevention.

3 ‘‘SEC. 242. INFORMATION FUNCTION.

4 ‘‘The Administrator, in consultation with the Director,

5 shall—

6 ‘‘(1) on a continuing basis, review reports, data,

7 and standards relating to the juvenile justice system

8 in the United States;

9 ‘‘(2) serve as an information bank by collecting

10 systematically and synthesizing the knowledge ob11 tained from studies and research by public and pri12 vate agencies, institutions, or individuals concerning

13 all aspects of juvenile delinquency, including the pre14 vention and treatment of juvenile delinquency; and

15 ‘‘(3) serve as a clearinghouse and information

16 center for the preparation, publication, and dissemi17 nation of all information regarding juvenile delin18 quency, including State and local juvenile delin19 quency prevention and treatment programs (includ20 ing drug and alcohol programs and gender-specific

21 programs) and plans, availability of resources, train22 ing and educational programs, statistics, and other

23 pertinent data and information.
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1 ‘‘SEC. 242A. STATISTICAL ANALYSIS.

2 ‘‘The Administrator, under the supervision of the As3 sistant Attorney General for the Office of Justice Programs,

4 and in consultation with the Director, may—

5 ‘‘(1) transfer funds to and enter into agreements

6 with the Bureau of Justice Statistics or, subject to the

7 approval of the Assistant Attorney General for the Of8 fice of Justice Programs, to another Federal agency

9 authorized by law to undertake statistical work in ju10 venile justice matters, for the purpose of providing for

11 the collection, analysis, and dissemination of statis12 tical data and information relating to juvenile crime,

13 the juvenile justice system, and youth violence, and

14 for other purposes, consistent with the Violent and

15 Repeat Juvenile Offender Accountability Act of 1999;

16 and

17 ‘‘(2) plan and identify, in consultation with the

18 Director of the Bureau of Justice Statistics, the pur19 poses and goals of each grant made or contract or

20 other agreement entered into under this title.

21 ‘‘SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION

22 FUNCTIONS.

23 ‘‘(a) IN GENERAL.—The Administrator, acting

24 through the National Institute for Juvenile Crime Control

25 and Delinquency Prevention, as appropriate, may—
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1 ‘‘(1) conduct, encourage, and coordinate research

2 and evaluation into any aspect of juvenile delin3 quency, particularly with regard to new programs

4 and methods that show promise of making a contribu5 tion toward the prevention and treatment of juvenile

6 delinquency;

7 ‘‘(2) encourage the development of demonstration

8 projects in new, innovative techniques and methods to

9 prevent and treat juvenile delinquency;

10 ‘‘(3) establish or expand programs that, in rec11 ognition of varying degrees of the seriousness of delin12 quent behavior and the corresponding gradations in

13 the responses of the juvenile justice system in response

14 to that behavior, are designed to—

15 ‘‘(A) encourage courts to develop and imple16 ment a continuum of post-adjudication re17 straints that bridge the gap between traditional

18 probation and confinement in a correctional set19 ting (including expanded use of probation, medi20 ation, restitution, community service, treatment,

21 home detention, intensive supervision, electronic

22 monitoring, boot camps and similar programs,

23 and secure community-based treatment facilities

24 linked to other support services such as health,
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1 mental health, education (remedial and special),

2 job training, and recreation); and

3 ‘‘(B) assist in the provision by the Adminis4 trator of best practices of information and tech5 nical assistance, including technology transfer, to

6 States in the design and utilization of risk as7 sessment mechanisms to aid juvenile justice per8 sonnel in determining appropriate sanctions for

9 delinquent behavior;

10 ‘‘(4) encourage the development of programs that,

11 in addition to helping youth take responsibility for

12 their behavior, through control and incarceration, if

13 necessary, provide therapeutic intervention such as

14 providing skills;

15 ‘‘(5) encourage the development and establish16 ment of programs to enhance the States’ ability to

17 identify chronic serious and violent juvenile offenders

18 who commit crimes such as rape, murder, firearms of19 fenses, gang-related crimes, violent felonies, and seri20 ous drug offenses;

21 ‘‘(6) prepare, in cooperation with education in22 stitutions, with Federal, State, and local agencies,

23 and with appropriate individuals and private agen24 cies, such studies as it considers to be necessary with

25 respect to prevention of and intervention with juve-
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1 nile violence and delinquency and the improvement of

2 juvenile justice systems, including—

3 ‘‘(A) evaluations of programs and interven4 tions designed to prevent youth violence and ju5 venile delinquency;

6 ‘‘(B) assessments and evaluations of the

7 methodological approaches to evaluating the ef8 fectiveness of interventions and programs de9 signed to prevent youth violence and juvenile de10 linquency;

11 ‘‘(C) studies of the extent, nature, risk, and

12 protective factors, and causes of youth violence

13 and juvenile delinquency;

14 ‘‘(D) comparisons of youth adjudicated and

15 treated by the juvenile justice system compared

16 to juveniles waived to and adjudicated by the

17 adult criminal justice system (including incar18 cerated in adult, secure correctional facilities);

19 ‘‘(E) recommendations with respect to effec20 tive and ineffective primary, secondary, and ter21 tiary prevention interventions, including for

22 which juveniles, and under what circumstances

23 (including circumstances connected with the

24 staffing of the intervention), prevention efforts

25 are effective and ineffective; and
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1 ‘‘(F) assessments of risk prediction systems

2 of juveniles used in making decisions regarding

3 pretrial detention;

4 ‘‘(7) disseminate the results of such evaluations

5 and research and demonstration activities particu6 larly to persons actively working in the field of juve7 nile delinquency;

8 ‘‘(8) disseminate pertinent data and studies to

9 individuals, agencies, and organizations concerned

10 with the prevention and treatment of juvenile delin11 quency; and

12 ‘‘(9) routinely collect, analyze, compile, publish,

13 and disseminate uniform national statistics

14 concerning—

15 ‘‘(A) all aspects of juveniles as victims and

16 offenders;

17 ‘‘(B) the processing and treatment, in the

18 juvenile justice system, of juveniles who are sta19 tus offenders, delinquent, neglected, or abused;

20 and

21 ‘‘(C) the processing and treatment of such

22 juveniles who are treated as adults for purposes

23 of the criminal justice system.
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1 ‘‘(b) PUBLIC DISCLOSURE.—The Administrator or the

2 Director, as appropriate, shall make available to the

3 public—

4 ‘‘(1) the results of research, demonstration, and

5 evaluation activities referred to in subsection (a)(8);

6 ‘‘(2) the data and studies referred to in sub7 section (a)(9); and

8 ‘‘(3) regular reports regarding each State’s objec9 tive measurements of youth violence, such as the num10 ber, rate, and trend of homicides committed by

11 youths.

12 ‘‘SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNC13 TIONS.

14 ‘‘The Administrator may—

15 ‘‘(1) provide technical assistance and training

16 assistance to Federal, State, and local governments

17 and to courts, public and private agencies, institu18 tions, and individuals in the planning, establishment,

19 funding, operation, and evaluation of juvenile delin20 quency programs;

21 ‘‘(2) develop, conduct, and provide for training

22 programs for the training of professional, paraprofes23 sional, and volunteer personnel, and other persons

24 who are working with or preparing to work with ju-
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1 veniles, juvenile offenders (including juveniles who

2 commit hate crimes), and their families;

3 ‘‘(3) develop, conduct, and provide for seminars,

4 workshops, and training programs in the latest prov5 en effective techniques and methods of preventing and

6 treating juvenile delinquency for law enforcement offi7 cers, juvenile judges, prosecutors, and defense attor8 neys, and other court personnel, probation officers,

9 correctional personnel, and other Federal, State, and

10 local government personnel who are engaged in work

11 relating to juvenile delinquency;

12 ‘‘(4) develop technical training teams to aid in

13 the development of training programs in the States

14 and to assist State and local agencies that work di15 rectly with juveniles and juvenile offenders; and

16 ‘‘(5) provide technical assistance and training to

17 assist States and units of general local government.

18 ‘‘SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

19 ‘‘(a) IN GENERAL.—The Administrator shall establish

20 a training program designed to train enrollees with respect

21 to methods and techniques for the prevention and treatment

22 of juvenile delinquency, including methods and techniques

23 specifically designed to prevent and reduce the incidence of

24 hate crimes committed by juveniles. In carrying out this

25 program the Administrator may make use of available
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1 State and local services, equipment, personnel, facilities,

2 and the like.

3 ‘‘(b) QUALIFICATIONS FOR ENROLLMENT.—Enrollees

4 in the training program established under this section shall

5 be drawn from law enforcement and correctional personnel

6 (including volunteer lay personnel), teachers and special

7 education personnel, family counselors, child welfare work8 ers, juvenile judges and judicial personnel, persons associ9 ated with law-related education, public recreation per10 sonnel, youth workers, and representatives of private agen11 cies and organizations with specific experience in the pre12 vention and treatment of juvenile delinquency.

13 ‘‘SEC. 246. REPORT ON STATUS OFFENDERS.

14 ‘‘Not later than September 1, 2002, the Administrator,

15 through the National Institute of Justice, shall—

16 ‘‘(1) conduct a study on the effect of incarcer17 ation on status offenders compared to similarly situ18 ated individuals who are not placed in secure deten19 tion in terms of the continuation of their inappro20 priate or illegal conduct, delinquency, or future

21 criminal behavior, and evaluating the safety of status

22 offenders placed in secure detention; and

23 ‘‘(2) submit to the Chairman and Ranking Mem24 ber of the Committee on the Judiciary of the Senate

25 and the Chairman and Ranking Member of the Com-
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1 mittee on Education and the Workforce of the House

2 of Representatives a report on the results of the study

3 conducted under paragraph (1).

4 ‘‘SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICA5 TIONS.

6 ‘‘(a) IN GENERAL.—Any agency, institution, or indi7 vidual seeking to receive a grant, or enter into a contract,

8 under section 243, 244, or 245 shall submit an application

9 at such time, in such manner, and containing or accom10 panied by such information as the Administrator or the Di11 rector, as appropriate, may prescribe.

12 ‘‘(b) APPLICATION CONTENTS.—In accordance with

13 guidelines established by the Administrator or the Director,

14 as appropriate, each application for assistance under sec15 tion 243, 244, or 245 shall—

16 ‘‘(1) set forth a program for carrying out 1 or

17 more of the purposes set forth in section 243, 244, or

18 245, and specifically identify each such purpose such

19 program is designed to carry out;

20 ‘‘(2) provide that such program shall be admin21 istered by or under the supervision of the applicant;

22 ‘‘(3) provide for the proper and efficient admin23 istration of such program;

24 ‘‘(4) provide for regular evaluation of such pro25 gram; and
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1 ‘‘(5) provide for such fiscal control and fund ac2 counting procedures as may be necessary to ensure

3 prudent use, proper disbursement, and accurate ac4 counting of funds received under this title.

5 ‘‘(c) FACTORS FOR CONSIDERATION.—In determining

6 whether or not to approve applications for grants and for

7 contracts under this part, the Administrator or the Direc8 tor, as appropriate, shall consider—

9 ‘‘(1) whether the project uses appropriate and

10 rigorous methodology, including appropriate samples,

11 control groups, psychometrically sound measurement,

12 and appropriate data analysis techniques;

13 ‘‘(2) the experience of the principal and coprin14 cipal investigators in the area of youth violence and

15 juvenile delinquency;

16 ‘‘(3) the protection offered human subjects in the

17 study, including informed consent procedures; and

18 ‘‘(4) the cost-effectiveness of the proposed project.

19 ‘‘(d) SELECTION PROCESS.—

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) COMPETITIVE PROCESS.—Subject to

22 subparagraph (B), programs selected for assist23 ance through grants or contracts under section

24 243, 244, or 245 shall be selected through a com25 petitive process, which shall be established by the
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1 Administrator or the Director, as appropriate,

2 by rule. As part of such a process, the Adminis3 trator or the Director, as appropriate, shall an4 nounce in the Federal Register—

5 ‘‘(i) the availability of funds for such

6 assistance;

7 ‘‘(ii) the general criteria applicable to

8 the selection of applicants to receive such

9 assistance; and

10 ‘‘(iii) a description of the procedures

11 applicable to submitting and reviewing ap12 plications for such assistance.

13 ‘‘(B) WAIVER.—The competitive process de14 scribed in subparagraph (A) shall not be re15 quired if the Administrator or the Director, as

16 appropriate, makes a written determination

17 waiving the competitive process with respect to a

18 program to be carried out in an area with re19 spect to which the President declares under the

20 Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5121 et seq.)

22 that a major disaster or emergency exists.

23 ‘‘(2) REVIEW PROCESS.—

24 ‘‘(A) IN GENERAL.—Programs selected for

25 assistance through grants and contracts under
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1 this part shall be selected after a competitive

2 process that provides potential grantees and con3 tractors with not less than 90 days to submit ap4 plications for funds. Applications for funds shall

5 be reviewed through a formal peer review process

6 by qualified scientists with expertise in the fields

7 of criminology, juvenile delinquency, sociology,

8 psychology, research methodology, evaluation re9 search, statistics, and related areas. The peer re10 view process shall conform to the process used by

11 the National Institutes of Health, the National

12 Institute of Justice, or the National Science

13 Foundation.

14 ‘‘(B) ESTABLISHMENT OF PROCESS.—Such

15 process shall be established by the Administrator

16 or the Director, as appropriate, in consultation

17 with the Directors and other appropriate offi18 cials of the National Science Foundation and the

19 National Institute of Mental Health. Before im20 plementation of such process, the Administrator

21 or the Director, as appropriate, shall submit

22 such process to such Directors, each of whom

23 shall prepare and furnish to the Chairman of the

24 Committee on Education and the Workforce of

25 the House of Representatives and the Chairman
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1 of the Committee on the Judiciary of the Senate

2 a final report containing their comments on such

3 process as proposed to be established.

4 ‘‘(3) EMERGENCY EXPEDITED CONSIDERATION.—

5 In establishing the process required under paragraphs

6 (1) and (2), the Administrator or the Director, as ap7 propriate, shall provide for emergency expedited con8 sideration of a proposed program if the Adminis9 trator or the Director, as appropriate, determines

10 such action to be necessary in order to avoid a delay

11 that would preclude carrying out the program.

12 ‘‘(e) EFFECT OF POPULATION.—A city shall not be de13 nied assistance under section 243, 244, or 245 solely on the

14 basis of its population.

15 ‘‘(f) NOTIFICATION PROCESS.—Notification of grants

16 and contracts made under sections 243, 244, and 245 (and

17 the applications submitted for such grants and contracts)

18 shall, upon being made, be transmitted by the Adminis19 trator or the Director, as appropriate, to the Chairman of

20 the Committee on Education and the Workforce of the

21 House of Representatives and the Chairman of the Com22 mittee on the Judiciary of the Senate.
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1 ‘‘SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.

2 ‘‘(a) REQUIREMENT.—The National Institutes of

3 Health shall conduct a study of the effects of violent video

4 games and music on child development and youth violence.

5 ‘‘(b) ELEMENTS.—The study under subsection (a) shall

6 address—

7 ‘‘(1) whether, and to what extent, violence in

8 video games and music adversely affects the emotional

9 and psychological development of juveniles; and

10 ‘‘(2) whether violence in video games and music

11 contributes to juvenile delinquency and youth vio12 lence.

13 ‘‘PART D—GANG-FREE SCHOOLS AND COMMU14 NITIES; COMMUNITY-BASED GANG INTER15 VENTION

16 ‘‘SEC. 251. DEFINITION OF JUVENILE.

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

18 who has not attained the age of 22 years.

19 ‘‘SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) The Administrator shall make grants to or

22 enter into contracts with public agencies (including

23 local educational agencies) and private nonprofit

24 agencies, organizations, and institutions to establish

25 and support programs and activities that involve
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1 families and communities and that are designed to

2 carry out any of the following purposes:

3 ‘‘(A) To prevent and to reduce the partici4 pation of juveniles in the activities of gangs that

5 commit crimes. Such programs and activities

6 may include—

7 ‘‘(i) individual, peer, family, and

8 group counseling, including the provision of

9 life skills training and preparation for liv10 ing independently, which shall include co11 operation with social services, welfare, and

12 health care programs;

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

14 services designed to address the social and

15 developmental needs of juveniles that such

16 juveniles would otherwise seek to have met

17 through membership in gangs;

18 ‘‘(iii) crisis intervention and coun19 seling to juveniles, who are particularly at

20 risk of gang involvement, and their families,

21 including assistance from social service,

22 welfare, health care, mental health, and sub23 stance abuse prevention and treatment

24 agencies where necessary;
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1 ‘‘(iv) the organization of neighborhood

2 and community groups to work closely with

3 parents, schools, law enforcement, and other

4 public and private agencies in the commu5 nity; and

6 ‘‘(v) training and assistance to adults

7 who have significant relationships with ju8 veniles who are or may become members of

9 gangs, to assist such adults in providing

10 constructive alternatives to participating in

11 the activities of gangs.

12 ‘‘(B) To develop within the juvenile adju13 dicatory and correctional systems new and inno14 vative means to address the problems of juveniles

15 convicted of serious drug-related and gang-re16 lated offenses.

17 ‘‘(C) To target elementary school students,

18 with the purpose of steering students away from

19 gang involvement.

20 ‘‘(D) To provide treatment to juveniles who

21 are members of such gangs, including members

22 who are accused of committing a serious crime

23 and members who have been adjudicated as being

24 delinquent.
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1 ‘‘(E) To promote the involvement of juve2 niles in lawful activities in geographical areas

3 in which gangs commit crimes.

4 ‘‘(F) To promote and support, with the co5 operation of community-based organizations ex6 perienced in providing services to juveniles en7 gaged in gang-related activities and the coopera8 tion of local law enforcement agencies, the devel9 opment of policies and activities in public ele10 mentary and secondary schools that will assist

11 such schools in maintaining a safe environment

12 conducive to learning.

13 ‘‘(G) To assist juveniles who are or may be14 come members of gangs to obtain appropriate

15 educational instruction, in or outside a regular

16 school program, including the provision of coun17 seling and other services to promote and support

18 the continued participation of such juveniles in

19 such instructional programs.

20 ‘‘(H) To expand the availability of preven21 tion and treatment services relating to the illegal

22 use of controlled substances and controlled sub23 stance analogues (as defined in paragraphs (6)

24 and (32) of section 102 of the Controlled Sub25 stances Act (21 U.S.C. 802)) by juveniles, pro-
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1 vided through State and local health and social

2 services agencies.

3 ‘‘(I) To provide services to prevent juveniles

4 from coming into contact with the juvenile jus5 tice system again as a result of gang-related ac6 tivity.

7 ‘‘(J) To provide services authorized in this

8 section at a special location in a school or hous9 ing project or other appropriate site.

10 ‘‘(K) To support activities to inform juve11 niles of the availability of treatment and services

12 for which financial assistance is available under

13 this section.

14 ‘‘(2) From not more than 15 percent of the total

15 amount appropriated to carry out this part in each

16 fiscal year, the Administrator may make grants to

17 and enter into contracts with public agencies and pri18 vate nonprofit agencies, organizations, and

19 institutions—

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

21 juvenile gangs;

22 ‘‘(B) to evaluate the effectiveness of pro23 grams and activities funded under paragraph

24 (1); and
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1 ‘‘(C) to increase the knowledge of the public

2 (including public and private agencies that oper3 ate or desire to operate gang prevention and

4 intervention programs) by disseminating infor5 mation on research and on effective programs

6 and activities funded under this section.

7 ‘‘(b) APPROVAL OF APPLICATIONS.—

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

9 institution seeking to receive a grant, or to enter into

10 a contract, under this section shall submit an appli11 cation at such time, in such manner, and containing

12 such information as the Administrator may prescribe.

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

14 with guidelines established by the Administrator, each

15 application submitted under paragraph (1) shall—

16 ‘‘(A) set forth a program or activity for car17 rying out 1 or more of the purposes specified in

18 subsection (a) and specifically identify each such

19 purpose such program or activity is designed to

20 carry out;

21 ‘‘(B) provide that such program or activity

22 shall be administered by or under the super23 vision of the applicant;

24 ‘‘(C) provide for the proper and efficient ad25 ministration of such program or activity;
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1 ‘‘(D) provide for regular evaluation of such

2 program or activity;

3 ‘‘(E) provide an assurance that the pro4 posed program or activity will supplement, not

5 supplant, similar programs and activities al6 ready available in the community;

7 ‘‘(F) describe how such program or activity

8 is coordinated with programs, activities, and

9 services available locally under part B or C of

10 this title, and under chapter 1 of subtitle B of

11 title III of the Anti-Drug Abuse Act of 1988 (42

12 U.S.C. 11801–11805);

13 ‘‘(G) certify that the applicant has re14 quested the State planning agency to review and

15 comment on such application and summarize the

16 responses of such State planning agency to such

17 request;

18 ‘‘(H) provide that regular reports on such

19 program or activity shall be sent to the Adminis20 trator and to such State planning agency; and

21 ‘‘(I) provide for such fiscal control and fund

22 accounting procedures as may be necessary to

23 ensure prudent use, proper disbursement, and

24 accurate accounting of funds received under this

25 section.
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1 ‘‘(3) PRIORITY.—In reviewing applications for

2 grants and contracts under this section, the Adminis3 trator shall give priority to applications—

4 ‘‘(A) submitted by, or substantially involv5 ing, local educational agencies (as defined in sec6 tion 1471 of the Elementary and Secondary

7 Education Act of 1965 (20 U.S.C. 2891));

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

9 crimes committed by gangs whose membership is

10 composed primarily of juveniles in the geo11 graphical area in which the applicants propose

12 to carry out the programs and activities for

13 which such grants and contracts are requested;

14 and

15 ‘‘(C) for assistance for programs and activi16 ties that—

17 ‘‘(i) are broadly supported by public

18 and private nonprofit agencies, organiza19 tions, and institutions located in such geo20 graphical area; and

21 ‘‘(ii) will substantially involve the

22 families of juvenile gang members in car23 rying out such programs or activities.
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1 ‘‘SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

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

3 grants to or enter into contracts with public and private

4 nonprofit agencies, organizations, and institutions to carry

5 out programs and activities—

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

7 the illegal activities of gangs;

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

9 State, local, and community-based organizations to

10 coordinate the disruption of gangs and the prosecu11 tion of juvenile gang members and to curtail inter12 state activities of gangs; and

13 ‘‘(3) to facilitate coordination and cooperation

14 among—

15 ‘‘(A) local education, juvenile justice, em16 ployment, recreation, and social service agencies;

17 and

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

19 proven record of effectively providing interven20 tion services to juvenile gang members for the

21 purpose of reducing the participation of juveniles

22 in illegal gang activities; and

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

24 varying degrees of the seriousness of delinquent behav25 ior and the corresponding gradations in the responses
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1 of the juvenile justice system in response to that be2 havior, are designed to—

3 ‘‘(A) encourage courts to develop and imple4 ment a continuum of post-adjudication re5 straints that bridge the gap between traditional

6 probation and confinement in a correctional set7 ting (including expanded use of probation, medi8 ation, restitution, community service, treatment,

9 home detention, intensive supervision, electronic

10 monitoring, boot camps and similar programs,

11 and secure community-based treatment facilities

12 linked to other support services such as health,

13 mental health, education (remedial and special),

14 job training, and recreation); and

15 ‘‘(B) assist in the provision by the Adminis16 trator of information and technical assistance,

17 including technology transfer, to States in the

18 design and utilization of risk assessment mecha19 nisms to aid juvenile justice personnel in deter20 mining appropriate sanctions for delinquent be21 havior.

22 ‘‘(b) ELIGIBLE PROGRAMS AND ACTIVITIES.—Pro23 grams and activities for which grants and contracts are to

24 be made under this section may include—
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1 ‘‘(1) the hiring of additional State and local

2 prosecutors, and the establishment and operation of

3 programs, including multijurisdictional task forces,

4 for the disruption of gangs and the prosecution of

5 gang members;

6 ‘‘(2) developing within the juvenile adjudicatory

7 and correctional systems new and innovative means

8 to address the problems of juveniles convicted of seri9 ous drug-related and gang-related offenses;

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

11 members of such gangs, including members who are

12 accused of committing a serious crime and members

13 who have been adjudicated as being delinquent;

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

15 lawful activities in geographical areas in which gangs

16 commit crimes;

17 ‘‘(5) expanding the availability of prevention

18 and treatment services relating to the illegal use of

19 controlled substances and controlled substances ana20 logues (as defined in paragraphs (6) and (32) of sec21 tion 102 of the Controlled Substances Act (21 U.S.C.

22 802)), by juveniles, provided through State and local

23 health and social services agencies;
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1 ‘‘(6) providing services to prevent juveniles from

2 coming into contact with the juvenile justice system

3 again as a result of gang-related activity; or

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

5 the availability of treatment and services for which fi6 nancial assistance is available under this section.

7 ‘‘(c) APPROVAL OF APPLICATIONS.—

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

9 institution desiring to receive a grant, or to enter into

10 a contract, under this section shall submit an appli11 cation at such time, in such manner, and containing

12 such information as the Administrator may prescribe.

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

14 with guidelines established by the Administrator, each

15 application submitted under paragraph (1) shall—

16 ‘‘(A) set forth a program or activity for car17 rying out 1 or more of the purposes specified in

18 subsection (a) and specifically identify each such

19 purpose such program or activity is designed to

20 carry out;

21 ‘‘(B) provide that such program or activity

22 shall be administered by or under the super23 vision of the applicant;

24 ‘‘(C) provide for the proper and efficient ad25 ministration of such program or activity;
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1 ‘‘(D) provide for regular evaluation of such

2 program or activity;

3 ‘‘(E) provide an assurance that the pro4 posed program or activity will supplement, not

5 supplant, similar programs and activities al6 ready available in the community;

7 ‘‘(F) describe how such program or activity

8 is coordinated with programs, activities, and

9 services available locally under part B of this

10 title and under chapter 1 of subtitle B of title III

11 of the Anti-Drug Abuse Act of 1988 (42 U.S.C.

12 11801–11805);

13 ‘‘(G) certify that the applicant has re14 quested the State planning agency to review and

15 comment on such application and summarize the

16 responses of such State planning agency to such

17 request;

18 ‘‘(H) provide that regular reports on such

19 program or activity shall be sent to the Adminis20 trator and to such State planning agency; and

21 ‘‘(I) provide for such fiscal control and fund

22 accounting procedures as may be necessary to

23 ensure prudent use, proper disbursement, and

24 accurate accounting of funds received under this

25 section.
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1 ‘‘(3) PRIORITY.—In reviewing applications for

2 grants and contracts under subsection (a), the Admin3 istrator shall give priority to applications—

4 ‘‘(A) submitted by, or substantially involv5 ing, community-based organizations experienced

6 in providing services to juveniles;

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

8 crimes committed by gangs whose membership is

9 composed primarily of juveniles in the geo10 graphical area in which the applicants propose

11 to carry out the programs and activities for

12 which such grants and contracts are requested;

13 and

14 ‘‘(C) for assistance for programs and activi15 ties that—

16 ‘‘(i) are broadly supported by public

17 and private nonprofit agencies, organiza18 tions, and institutions located in such geo19 graphical area; and

20 ‘‘(ii) will substantially involve the

21 families of juvenile gang members in car22 rying out such programs or activities.
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1 ‘‘SEC. 254. PRIORITY.

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

3 shall give priority to funding programs and activities de4 scribed in subsections (a)(2) and (b)(1) of section 253.

5 ‘‘PART E—DEVELOPING, TESTING, AND DEM6 ONSTRATING PROMISING NEW INITIATIVES

7 AND PROGRAMS

8 ‘‘SEC. 261. GRANTS AND PROJECTS.

9 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis10 trator may make grants to, and enter into contracts with,

11 States, units of local government, Indian tribal govern12 ments, public and private agencies, organizations, and in13 dividuals, or combinations thereof, to carry out projects for

14 the development, testing, and demonstration of promising

15 initiatives and programs for the prevention, control, or re16 duction of juvenile delinquency. The Administrator shall

17 ensure that, to the extent reasonable and practicable, such

18 grants are made to achieve an equitable geographical dis19 tribution of such projects throughout the United States.

20 ‘‘(b) USE OF GRANTS.—A grant made under sub21 section (a) may be used to pay all or part of the cost of

22 the project for which such grant is made.

23 ‘‘SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSIST24 ANCE.

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

26 into contracts with, public and private agencies, organiza-
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1 tions, and individuals to provide training and technical as2 sistance to States, units of local government, Indian tribal

3 governments, local private entities or agencies, or any com4 bination thereof, to carry out the projects for which grants

5 are made under section 261.

6 ‘‘SEC. 263. ELIGIBILITY.

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

8 grant or contract under this part, a public or private agen9 cy, Indian tribal government, organization, institution, in10 dividual, or combination thereof, shall submit an applica11 tion to the Administrator at such time, in such form, and

12 containing such information as the Administrator may rea13 sonably require by rule.

14 ‘‘SEC. 264. REPORTS.

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

16 contract under this part shall submit to the Administrator

17 such reports as may be reasonably requested by the Admin18 istrator to describe progress achieved in carrying the

19 projects for which the assistance was provided.

20 ‘‘PART F—MENTORING

21 ‘‘SEC. 271. MENTORING.

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

23 mentors for at-risk youth—

24 ‘‘(1) reduce juvenile delinquency and gang par25 ticipation;
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1 ‘‘(2) improve academic performance; and

2 ‘‘(3) reduce the dropout rate.

3 ‘‘SEC. 272. DEFINITIONS.

4 ‘‘In this part—

5 ‘‘(1) the term ‘at-risk youth’ means a youth at

6 risk of educational failure, dropping out of school, or

7 involvement in criminal or delinquent activities; and

8 ‘‘(2) the term ‘mentor’ means a person who

9 works with an at-risk youth on a one-to-one basis,

10 providing a positive role model for the youth, estab11 lishing a supportive relationship with the youth, and

12 providing the youth with academic assistance and ex13 posure to new experiences and examples of oppor14 tunity that enhance the ability of the youth to become

15 a responsible adult.

16 ‘‘SEC. 273. GRANTS.

17 ‘‘(a) LOCAL EDUCATIONAL GRANTS.—The Adminis18 trator shall make grants to local education agencies and

19 nonprofit organizations to establish and support programs

20 and activities for the purpose of implementing mentoring

21 programs that—

22 ‘‘(1) are designed to link at-risk children, par23 ticularly children living in high crime areas and chil24 dren experiencing educational failure, with respon25 sible adults such as law enforcement officers, persons
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1 working with local businesses, elders in Alaska Native

2 villages, and adults working for community-based or3 ganizations and agencies; and

4 ‘‘(2) are intended to achieve 1 or more of the fol5 lowing goals:

6 ‘‘(A) Provide general guidance to at-risk

7 youth.

8 ‘‘(B) Promote personal and social responsi9 bility among at-risk youth.

10 ‘‘(C) Increase at-risk youth’s participation

11 in and enhance their ability to benefit from ele12 mentary and secondary education.

13 ‘‘(D) Discourage at-risk youth’s use of ille14 gal drugs, violence, and dangerous weapons, and

15 other criminal activity.

16 ‘‘(E) Discourage involvement of at-risk

17 youth in gangs.

18 ‘‘(F) Encourage at-risk youth’s participa19 tion in community service and community ac20 tivities.

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

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

23 ‘‘(A) FAMILY-TO-FAMILY MENTORING PRO24 GRAM.—The term ‘family-to-family mentoring

25 program’ means a mentoring program that—
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1 ‘‘(i) utilizes a 2-tier mentoring ap2 proach that matches volunteer families with

3 at-risk families allowing parents to directly

4 work with parents and children to work di5 rectly with children; and

6 ‘‘(ii) has an afterschool program for

7 volunteer and at-risk families.

8 ‘‘(B) POSITIVE ALTERNATIVES PROGRAM.—

9 The term ‘positive alternatives program’ means

10 a positive youth development and family-to-fam11 ily mentoring program that emphasizes drug

12 and gang prevention components.

13 ‘‘(C) QUALIFIED POSITIVE ALTERNATIVES

14 PROGRAM.—The term ‘qualified positive alter15 natives program’ means a positive alternatives

16 program that has established a family-to-family

17 mentoring program, as of the date of enactment

18 of the Violent and Repeat Juvenile Offender Ac19 countability and Rehabilitation Act of 1999.

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

21 make and enter into contracts with a qualified posi22 tive alternatives program.

23 ‘‘SEC. 274. REGULATIONS AND GUIDELINES.

24 ‘‘(a) PROGRAM GUIDELINES.—The Administrator

25 shall issue program guidelines to implement this part. The
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1 program guidelines shall be effective only after a period for

2 public notice and comment.

3 ‘‘(b) MODEL SCREENING GUIDELINES.—The Adminis4 trator shall develop and distribute to program participants

5 specific model guidelines for the screening of prospective

6 program mentors.

7 ‘‘SEC. 275. USE OF GRANTS.

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

9 part shall be used to implement mentoring programs,

10 including—

11 ‘‘(1) hiring of mentoring coordinators and sup12 port staff;

13 ‘‘(2) recruitment, screening, and training of

14 adult mentors;

15 ‘‘(3) reimbursement of mentors for reasonable in16 cidental expenditures such as transportation that are

17 directly associated with mentoring; and

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

19 may reasonably prescribe by regulation.

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

21 to this part shall not be used—

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

23 provided pursuant to subsection (a)(3);
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1 ‘‘(2) to obtain educational or other materials or

2 equipment that would otherwise be used in the ordi3 nary course of the grantee’s operations;

4 ‘‘(3) to support litigation of any kind; or

5 ‘‘(4) for any other purpose reasonably prohibited

6 by the Administrator by regulation.

7 ‘‘SEC. 276. PRIORITY.

8 ‘‘(a) IN GENERAL.—In making grants under this part,

9 the Administrator shall give priority for awarding grants

10 to applicants that—

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

12 ‘‘(2) have 60 percent or more of their youth eligi13 ble to receive funds under the Elementary and Sec14 ondary Education Act of 1965; and

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

16 drop out of school each year.

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

18 under this part, the Administrator shall give consideration

19 to—

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

21 rural) of applications;

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

23 including—

24 ‘‘(A) the resources, if any, that will be dedi25 cated to providing participating youth with op-
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1 portunities for job training or postsecondary

2 education; and

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

4 community-based organizations, and the local

5 community participate in the design and imple6 mentation of the mentoring plan; and

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

8 implement the mentoring plan.

9 ‘‘SEC. 277. APPLICATIONS.

10 ‘‘An application for assistance under this part shall

11 include—

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

13 served by the program;

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

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

16 ‘‘(3) An assurance that no mentor or mentoring

17 family will be assigned a number of youths that

18 would undermine their ability to be an effective men19 tor and ensure a one-to-one relationship with

20 mentored youths;

21 ‘‘(4) an assurance that projects operated in sec22 ondary schools will provide youth with a variety of

23 experiences and support, including—
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1 ‘‘(A) an opportunity to spend time in a

2 work environment and, when possible, partici3 pate in the work environment;

4 ‘‘(B) an opportunity to witness the job skills

5 that will be required for youth to obtain employ6 ment upon graduation;

7 ‘‘(C) assistance with homework assignments;

8 and

9 ‘‘(D) exposure to experiences that youth

10 might not otherwise encounter;

11 ‘‘(5) an assurance that projects operated in ele12 mentary schools will provide youth with—

13 ‘‘(A) academic assistance;

14 ‘‘(B) exposure to new experiences and ac15 tivities that youth might not encounter on their

16 own; and

17 ‘‘(C) emotional support;

18 ‘‘(6) an assurance that projects will be monitored

19 to ensure that each youth benefits from a mentor rela20 tionship, with provision for a new mentor assignment

21 if the relationship is not beneficial to the youth;

22 ‘‘(7) the method by which mentors and youth

23 will be recruited to the project;

24 ‘‘(8) the method by which prospective mentors

25 will be screened; and
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1 ‘‘(9) the training that will be provided to men2 tors.

3 ‘‘SEC. 278. GRANT CYCLES.

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

5 year period.

6 ‘‘SEC. 279. FAMILY MENTORING PROGRAM.

7 ‘‘(a) DEFINITIONS.—In this section—

8 ‘‘(1) the term ‘cooperative extension services’ has

9 the meaning given that term in section 1404 of the

10 National Agricultural Research, Extension, and

11 Teaching Policy Act of 1977 (7 U.S.C. 3103);

12 ‘‘(2) the term ‘family mentoring program’ means

13 a mentoring program that—

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

15 that uses college age or young adult mentors

16 working directly with at-risk youth and uses re17 tirement-age couples working with the parents

18 and siblings of at-risk youth; and

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

20 direction and advice to program administrators;

21 and

22 ‘‘(3) the term ‘qualified cooperative extension

23 service’ means a cooperative extension service that has

24 established a family mentoring program, as of the

25 date of enactment of the Violent and Repeat Juvenile
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1 Offender Accountability and Rehabilitation Act of

2 1999.

3 ‘‘(b) MODEL PROGRAM.—The Administrator, in co4 operation with the Secretary of Agriculture, shall make a

5 grant to a qualified cooperative extension service for the

6 purpose of expanding and replicating family mentoring

7 programs to reduce the incidence of juvenile crime and de8 linquency among at-risk youth.

9 ‘‘(c) ESTABLISHMENT OF NEW FAMILY MENTORING

10 PROGRAMS.—

11 ‘‘(1) IN GENERAL.—The Administrator, in co12 operation with the Secretary of Agriculture, may

13 make 1 or more grants to cooperative extension serv14 ices for the purpose of establishing family mentoring

15 programs to reduce the incidence of juvenile crime

16 and delinquency among at-risk youth.

17 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

18 MATCHING FUNDS.—

19 ‘‘(A) IN GENERAL.—The amount of a grant

20 under this subsection may not exceed 35 percent

21 of the total costs of the program funded by the

22 grant.

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

24 for grants under this subsection may be derived

25 from amounts made available to a State under
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1 subsections (b) and (c) of section 3 of the Smith2 Lever Act (7 U.S.C. 343), except that the total

3 amount derived from Federal sources may not

4 exceed 70 percent of the total cost of the program

5 funded by the grant.

6 ‘‘SEC. 280. CAPACITY BUILDING.

7 ‘‘(a) MODEL PROGRAM.—The Administrator may

8 make a grant to a qualified national organization with a

9 proven history of providing one-to-one services for the pur10 pose of expanding and replicating capacity building pro11 grams to reduce the incidence of juvenile crime and delin12 quency among at-risk youth.

13 ‘‘(b) ESTABLISHMENT OF NEW CAPACITY BUILDING

14 PROGRAMS.—

15 ‘‘(1) IN GENERAL.—The Administrator may

16 make one or more grants to national organizations

17 with proven histories of providing one-to-one services

18 for the purpose of expanding and replicating capacity

19 building programs to reduce the incidence of juvenile

20 crime and delinquency among at-risk youth.

21 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

22 MATCHING FUNDS.—

23 ‘‘(A) IN GENERAL.—The amount of a grant

24 under this subsection may not exceed 50 percent
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1 of the total cost of the programs funded by the

2 grant.

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

4 for grants under this subsection must be derived

5 from a private agency, institution or business.

6 ‘‘PART G—ADMINISTRATIVE PROVISIONS

7 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘(a) IN GENERAL.—There is authorized to be appro9 priated to carry out this title, and to carry out part R of

10 title I of the Omnibus Crime Control and Safe Streets Act

11 of 1968 (42 U.S.C. 3796 et seq.), $1,100,000,000 for each

12 of fiscal years 1999 through 2004.

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

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

15 year—

16 ‘‘(1) $500,000,000 shall be for programs under

17 sections 1801 and 1803 of part R of title I of the Om18 nibus Crime Control and Safe Streets Act of 1968 (42

19 U.S.C. 3796 et seq.), of which $50,000,000 shall be for

20 programs under section 1803;

21 ‘‘(2) $75,000,000 shall be for grants for juvenile

22 criminal history records upgrades pursuant to section

23 1802 of part R of title I of the Omnibus Crime Con24 trol and Safe Streets Act of 1968 (42 U.S.C. 3796 et

25 seq.);
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1 ‘‘(3) $200,000,000 shall be for programs under

2 section 205 of part A of this title;

3 ‘‘(4) $200,000,000 shall be for programs under

4 part B of this title;

5 ‘‘(5) $40,000,000 shall be for prevention pro6 grams under part C of this title—

7 ‘‘(A) of which $20,000,000 shall be for eval8 uation research of primary, secondary, and ter9 tiary juvenile delinquency programs; and

10 ‘‘(B) $2,000,000 shall be for the study re11 quired by section 248;

12 ‘‘(6) $20,000,000 shall be for programs under

13 parts D and E of this title; and

14 ‘‘(7) $20,000,000 shall be for programs under

15 part F of this title, of which $3,000,000 shall be for

16 programs under section 279 and $3,000,000 for pro17 grams under section 280.

18 ‘‘(c) SOURCE OF SUMS.—Amounts authorized to be ap19 propriated pursuant to this section may be derived from

20 the Violent Crime Reduction Trust Fund.

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

22 authorized to be appropriated for the administration and

23 operation of the Office of Juvenile Crime Control and Pre24 vention such sums as may be necessary for each of fiscal

25 years 1999 through 2004.
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1 ‘‘(e) AVAILABILITY OF FUNDS.—Amounts made avail2 able pursuant to this section and allocated in accordance

3 with this title in any fiscal year shall remain available

4 until expended.

5 ‘‘SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRIC6 TIONS ON USE OF AMOUNTS; PENALTIES.

7 ‘‘(a) RELIGIOUS NONDISCRIMINATION.—The provi8 sions of section 104 of the Personal Responsibility and Work

9 Opportunity Reconciliation Act of 1996 (42 U.S.C. 604a)

10 shall apply to a State or local government exercising its

11 authority to distribute grants to applicants under this title.

12 ‘‘(b) RESTRICTIONS ON THE USE OF AMOUNTS.—

13 ‘‘(1) EXPERIMENTATION ON INDIVIDUALS.—

14 ‘‘(A) IN GENERAL.—No amounts made

15 available to carry out this title may be used for

16 any biomedical or behavior control experimen17 tation on individuals or any research involving

18 such experimentation.

19 ‘‘(B) DEFINITION OF BEHAVIOR CONTROL.—

20 In this paragraph, the term ‘behavior control’—

21 ‘‘(i) means any experimentation or re22 search employing methods that—

23 ‘‘(I) involve a substantial risk of

24 physical or psychological harm to the

25 individual subject; and
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1 ‘‘(II) are intended to modify or

2 alter criminal and other antisocial be3 havior, including aversive conditioning

4 therapy, drug therapy, chemotherapy

5 (except as part of routine clinical

6 care), physical therapy of mental dis7 orders, electroconvulsive therapy, or

8 physical punishment; and

9 ‘‘(ii) does not include a limited class of

10 programs generally recognized as involving

11 no such risk, including methadone mainte12 nance and certain substance abuse treat13 ment programs, psychological counseling,

14 parent training, behavior contracting, sur15 vival skills training, restitution, or commu16 nity service, if safeguards are established for

17 the informed consent of subjects (including

18 parents or guardians of minors).

19 ‘‘(2) PROHIBITION AGAINST PRIVATE AGENCY

20 USE OF AMOUNTS IN CONSTRUCTION.—

21 ‘‘(A) IN GENERAL.—No amount made avail22 able to any private agency or institution, or to

23 any individual, under this title (either directly

24 or through a State office) may be used for con25 struction.
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1 ‘‘(B) EXCEPTION.—The restriction in clause

2 (i) shall not apply to any juvenile program in

3 which training or experience in construction or

4 renovation is used as a method of juvenile ac5 countability or rehabilitation.

6 ‘‘(3) LOBBYING.—

7 ‘‘(A) IN GENERAL.—Except as provided in

8 subparagraph (B), no amount made available

9 under this title to any public or private agency,

10 organization or institution, or to any individual

11 shall be used to pay for any personal service, ad12 vertisement, telegram, telephone communication,

13 letter, printed or written matter, or other device

14 intended or designed to influence a Member of

15 Congress or any other Federal, State, or local

16 elected official to favor or oppose any Act, bill,

17 resolution, or other legislation, or any ref18 erendum, initiative, constitutional amendment,

19 or any other procedure of Congress, any State

20 legislature, any local council, or any similar

21 governing body.

22 ‘‘(B) EXCEPTION.—This paragraph does not

23 preclude the use of amounts made available

24 under this title in connection with communica25 tions to Federal, State, or local elected officials,
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1 upon the request of such officials through proper

2 official channels, pertaining to authorization,

3 appropriation, or oversight measures directly af4 fecting the operation of the program involved.

5 ‘‘(4) LEGAL ACTION.—No amounts made avail6 able under this title to any public or private agency,

7 organization, institution, or to any individual, shall

8 be used in any way directly or indirectly to file an

9 action or otherwise take any legal action against any

10 Federal, State, or local agency, institution, or em11 ployee.

12 ‘‘(c) PENALTIES.—

13 ‘‘(1) IN GENERAL.—If any amounts are used for

14 the purposes prohibited in either paragraph (3) or (4)

15 of subsection (b), or in violation of subsection (a)—

16 ‘‘(A) funding for the agency, organization,

17 institution, or individual at issue shall be imme18 diately discontinued in whole or in part; and

19 ‘‘(B) the agency, organization, institution,

20 or individual using amounts for the purpose pro21 hibited in paragraph (3) or (4) of subsection (b),

22 or in violation of subsection (a), shall be liable

23 for reimbursement of all amounts granted to the

24 individual or entity for the fiscal year for which

25 the amounts were granted.
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1 ‘‘(2) LIABILITY FOR EXPENSES AND DAMAGES.—

2 In relation to a violation of subsection (b)(4), the in3 dividual filing the lawsuit or responsible for taking

4 the legal action against the Federal, State, or local

5 agency or institution, or individual working for the

6 Government, shall be individually liable for all legal

7 expenses and any other expenses of the Government

8 agency, institution, or individual working for the

9 Government, including damages assessed by the jury

10 against the Government agency, institution, or indi11 vidual working for the Government, and any punitive

12 damages.

13 ‘‘SEC. 293. ADMINISTRATIVE PROVISIONS.

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

15 shall be administered by the Administrator under the gen16 eral authority of the Attorney General.

17 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

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

19 812(a), 812(b), and 812(d) of the Omnibus Crime Control

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

21 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall

22 apply with respect to the administration of and compliance

23 with this title, except that for purposes of this Act—

24 ‘‘(1) any reference to the Office of Justice Pro25 grams in such sections shall be considered to be a ref-
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1 erence to the Assistant Attorney General who heads

2 the Office of Justice Programs; and

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

4 sections shall be considered to be a reference to this

5 title.

6 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME CON7 TROL PROVISIONS.—Sections 801(a), 801(c), and 806 of the

8 Omnibus Crime Control and Safe Streets Act of 1968 (42

9 U.S.C. 3711(a), 3711(c), and 3787) shall apply with respect

10 to the administration of and compliance with this title, ex11 cept that, for purposes of this title—

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

13 Assistant Attorney General who heads the Office of

14 Justice Programs, the Director of the National Insti15 tute of Justice, the Director of the Bureau of Justice

16 Statistics, or the Director of the Bureau of Justice As17 sistance shall be considered to be a reference to the

18 Administrator;

19 ‘‘(2) any reference to the Office of Justice Pro20 grams, the Bureau of Justice Assistance, the National

21 Institute of Justice, or the Bureau of Justice Statis22 tics shall be considered to be a reference to the Office

23 of Juvenile Crime Control and Prevention; and
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1 ‘‘(3) the term ‘this title’ as it appears in those

2 sections shall be considered to be a reference to this

3 title.

4 ‘‘(d) RULES, REGULATIONS, AND PROCEDURES.—The

5 Administrator may, after appropriate consultation with

6 representatives of States and units of local government, and

7 an opportunity for notice and comment in accordance with

8 subchapter II of chapter 5 of title 5, United States Code,

9 establish such rules, regulations, and procedures as are nec10 essary for the exercise of the functions of the Office and as

11 are consistent with the purpose of this Act.

12 ‘‘(e) WITHHOLDING.—The Administrator shall initiate

13 such proceedings as the Administrator determines to be ap14 propriate if the Administrator, after giving reasonable no15 tice and opportunity for hearing to a recipient of financial

16 assistance under this title, finds that—

17 ‘‘(1) the program or activity for which the grant

18 or contract involved was made has been so changed

19 that the program or activity no longer complies with

20 this title; or

21 ‘‘(2) in the operation of such program or activity

22 there is failure to comply substantially with any pro23 vision of this title.’’.
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1 (b) REPEAL.—Title V of the Juvenile Justice and De2 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

3 is repealed.

4 SEC. 303. RUNAWAY AND HOMELESS YOUTH.

5 (a) FINDINGS.—Section 302 of the Runaway and

6 Homeless Youth Act (42 U.S.C. 5701) is amended—

7 (1) in paragraph (5), by striking ‘‘accurate re8 porting of the problem nationally and to develop’’

9 and inserting ‘‘an accurate national reporting system

10 to report the problem, and to assist in the develop11 ment of’’; and

12 (2) by striking paragraph (8) and inserting the

13 following:

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

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

16 (b) AUTHORITY TO MAKE GRANTS FOR CENTERS AND

17 SERVICES.—Section 311 of the Runaway and Homeless

18 Youth Act (42 U.S.C. 5711) is amended—

19 (1) by striking subsection (a) and inserting the

20 following:

21 ‘‘(a) GRANTS FOR CENTERS AND SERVICES.—

22 ‘‘(1) IN GENERAL.—The Secretary shall make

23 grants to public and nonprofit private entities (and

24 combinations of such entities) to establish and operate

25 (including renovation) local centers to provide serv-
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1 ices for runaway and homeless youth and for the fam2 ilies of such youth.

3 ‘‘(2) SERVICES PROVIDED.—Services provided

4 under paragraph (1)—

5 ‘‘(A) shall be provided as an alternative to

6 involving runaway and homeless youth in the

7 law enforcement, child welfare, mental health,

8 and juvenile justice systems;

9 ‘‘(B) shall include—

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

11 ‘‘(ii) individual, family, and group

12 counseling, as appropriate; and

13 ‘‘(C) may include—

14 ‘‘(i) street-based services;

15 ‘‘(ii) home-based services for families

16 with youth at risk of separation from the

17 family; and

18 ‘‘(iii) drug abuse education and pre19 vention services.’’;

20 (2) in subsection (b)(2), by striking ‘‘the Trust

21 Territory of the Pacific Islands,’’; and

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

23 (c) ELIGIBILITY.—Section 312 of the Runaway and

24 Homeless Youth Act (42 U.S.C. 5712) is amended—

25 (1) in subsection (b)—
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1 (A) in paragraph (8), by striking ‘‘para2 graph (6)’’ and inserting ‘‘paragraph (7)’’;

3 (B) in paragraph (10), by striking ‘‘and’’

4 at the end;

5 (C) in paragraph (11), by striking the pe6 riod at the end and inserting ‘‘; and’’; and

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

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

9 report that includes, with respect to the year for

10 which the report is submitted—

11 ‘‘(A) information regarding the activities

12 carried out under this part;

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

14 this part carried out by the applicant; and

15 ‘‘(C) statistical summaries describing—

16 ‘‘(i) the number and the characteristics

17 of the runaway and homeless youth, and

18 youth at risk of family separation, who par19 ticipate in the project; and

20 ‘‘(ii) the services provided to such

21 youth by the project.’’; and

22 (2) by striking subsections (c) and (d) and in23 serting the following:

24 ‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV25 ICES.—To be eligible to use assistance under section
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1 311(a)(2)(C)(i) to provide street-based services, the appli2 cant shall include in the plan required by subsection (b)

3 assurances that in providing such services the applicant

4 will—

5 ‘‘(1) provide qualified supervision of staff, in6 cluding on-street supervision by appropriately

7 trained staff;

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

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

10 staff who provide such services; and

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

12 homeless youth, and street youth.

13 ‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV14 ICES.—To be eligible to use assistance under section 311(a)

15 to provide home-based services described in section

16 311(a)(2)(C)(ii), an applicant shall include in the plan re17 quired by subsection (b) assurances that in providing such

18 services the applicant will—

19 ‘‘(1) provide counseling and information to

20 youth and the families (including unrelated individ21 uals in the family households) of such youth, includ22 ing services relating to basic life skills, interpersonal

23 skill building, educational advancement, job attain24 ment skills, mental and physical health care, par-
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1 enting skills, financial planning, and referral to

2 sources of other needed services;

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

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

5 family crises (including immediate access to tem6 porary shelter for runaway and homeless youth, and

7 youth at risk of separation from the family);

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

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

10 separation from the family, objectives and measures of

11 success to be achieved as a result of receiving home12 based services;

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

14 staff who provide home-based services; and

15 ‘‘(5) ensure that—

16 ‘‘(A) caseloads will remain sufficiently low

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

18 involvement with each family receiving such

19 services; and

20 ‘‘(B) staff providing such services will re21 ceive qualified supervision.

22 ‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU23 CATION AND PREVENTION SERVICES.—To be eligible to use

24 assistance under section 311(a)(2)(C)(iii) to provide drug
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1 abuse education and prevention services, an applicant shall

2 include in the plan required by subsection (b)—

3 ‘‘(1) a description of—

4 ‘‘(A) the types of such services that the ap5 plicant proposes to provide;

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

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

8 to be provided to individuals providing such

9 services to runaway and homeless youth; and

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

11 the applicant shall conduct outreach activities for

12 runaway and homeless youth.’’.

13 (d) APPROVAL OF APPLICATIONS.—Section 313 of the

14 Runaway and Homeless Youth Act (42 U.S.C. 5713) is

15 amended to read as follows:

16 ‘‘SEC. 313. APPROVAL OF APPLICATIONS.

17 ‘‘(a) IN GENERAL.—An application by a public or pri18 vate entity for a grant under section 311(a) may be ap19 proved by the Secretary after taking into consideration,

20 with respect to the State in which such entity proposes to

21 provide services under this part—

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

23 of the proposed services under this part for which all

24 grant applicants request approval; and
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1 ‘‘(2) which areas of such State have the greatest

2 need for such services.

3 ‘‘(b) PRIORITY.—In selecting applications for grants

4 under section 311(a), the Secretary shall give priority to—

5 ‘‘(1) eligible applicants who have demonstrated

6 experience in providing services to runaway and

7 homeless youth; and

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

9 than $200,000.’’.

10 (e) AUTHORITY FOR TRANSITIONAL LIVING GRANT

11 PROGRAM.—Section 321 of the Runaway and Homeless

12 Youth Act (42 U.S.C. 5714–1) is amended—

13 (1) in the section heading, by striking ‘‘PURPOSE

14 AND’’;

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

16 (3) by striking subsection (b).

17 (f) ELIGIBILITY.—Section 322(a)(9) of the Runaway

18 and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is

19 amended by inserting ‘‘, and the services provided to such

20 youth by such project,’’ after ‘‘such project’’.

21 (g) COORDINATION.—Section 341 of the Runaway and

22 Homeless Youth Act (42 U.S.C. 5714–21) is amended to

23 read as follows:
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1 ‘‘SEC. 341. COORDINATION.

2 ‘‘With respect to matters relating to the health, edu3 cation, employment, and housing of runaway and homeless

4 youth, the Secretary—

5 ‘‘(1) in conjunction with the Attorney General,

6 shall coordinate the activities of agencies of the De7 partment of Health and Human Services with activi8 ties under any other Federal juvenile crime control,

9 prevention, and juvenile offender accountability pro10 gram and with the activities of other Federal entities;

11 and

12 ‘‘(2) shall coordinate the activities of agencies of

13 the Department of Health and Human Services with

14 the activities of other Federal entities and with the

15 activities of entities that are eligible to receive grants

16 under this title.’’.

17 (h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,

18 EVALUATION, DEMONSTRATION, AND SERVICE

19 PROJECTS.—Section 343 of the Runaway and Homeless

20 Youth Act (42 U.S.C. 5714–23) is amended—

21 (1) in the section heading, by inserting ‘‘EVAL22 UATION,’’ after ‘‘RESEARCH,’’;

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

24 after ‘‘research,’’; and

25 (3) in subsection (b)—

26 (A) by striking paragraph (2); and
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1 (B) by redesignating paragraphs (3)

2 through (10) as paragraphs (2) through (9), re3 spectively.

4 (i) ASSISTANCE TO POTENTIAL GRANTEES.—Section

5 371 of the Runaway and Homeless Youth Act (42 U.S.C.

6 5714a) is amended by striking the last sentence.

7 (j) REPORTS.—Section 381 of the Runaway and

8 Homeless Youth Act (42 U.S.C. 5715) is amended to read

9 as follows:

10 ‘‘SEC. 381. REPORTS.

11 ‘‘(a) IN GENERAL.—Not later than April 1, 2000, and

12 biennially thereafter, the Secretary shall submit, to the

13 Committee on Education and the Workforce of the House

14 of Representatives and the Committee on the Judiciary of

15 the Senate, a report on the status, activities, and accom16 plishments of entities that receive grants under parts A, B,

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

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

19 the ability or effectiveness of such centers in—

20 ‘‘(A) alleviating the problems of runaway

21 and homeless youth;

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

23 such youth with their families and encouraging

24 the resolution of intrafamily problems through

25 counseling and other services;
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1 ‘‘(C) strengthening family relationships and

2 encouraging stable living conditions for such

3 youth; and

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

5 future course of action; and

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

7 B—

8 ‘‘(A) the number and characteristics of

9 homeless youth served by such projects;

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

11 such projects;

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

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

15 preparing homeless youth for self-sufficiency;

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

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

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

23 ‘‘(G) activities and programs planned by

24 such projects for the following fiscal year.
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1 ‘‘(b) CONTENTS OF REPORTS.—The Secretary shall in2 clude in each report submitted under subsection (a), sum3 maries of—

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

5 under section 386; and

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

7 training provided to, individuals involved in car8 rying out such evaluations.’’.

9 (k) EVALUATION.—Section 384 of the Runaway and

10 Homeless Youth Act (42 U.S.C. 5732) is amended to read

11 as follows:

12 ‘‘SEC. 386. EVALUATION AND INFORMATION.

13 ‘‘(a) IN GENERAL.—If a grantee receives grants for 3

14 consecutive fiscal years under part A, B, C, D, or E (in

15 the alternative), then the Secretary shall evaluate such

16 grantee on-site, not less frequently than once in the period

17 of such 3 consecutive fiscal years, for purposes of—

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

19 used for the purposes for which such grants are made

20 by the Secretary;

21 ‘‘(2) collecting additional information for the re22 port required by section 383; and

23 ‘‘(3) providing such information and assistance

24 to such grantee as will enable such grantee to improve
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1 the operation of the centers, projects, and activities for

2 which such grants are made.

3 ‘‘(b) COOPERATION.—Recipients of grants under this

4 title shall cooperate with the Secretary’s efforts to carry out

5 evaluations, and to collect information, under this title.’’.

6 (l) AUTHORIZATION OF APPROPRIATIONS.—Section

7 385 of the Runaway and Homeless Youth Act (42 U.S.C.

8 5751) is amended to read as follows:

9 ‘‘SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AUTHORIZATION.—There is authorized to be

12 appropriated to carry out this title (other than part

13 E) such sums as may be necessary for fiscal years

14 2000, 2001, 2002, 2003, and 2004.

15 ‘‘(2) ALLOCATION.—

16 ‘‘(A) PARTS A AND B.—From the amount

17 appropriated under paragraph (1) for a fiscal

18 year, the Secretary shall reserve not less than 90

19 percent to carry out parts A and B.

20 ‘‘(B) PART B.—Of the amount reserved

21 under subparagraph (A), not less than 20 per22 cent, and not more than 30 percent, shall be re23 served to carry out part B.

24 ‘‘(3) PARTS C AND D.—In each fiscal year, after

25 reserving the amounts required by paragraph (2), the
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1 Secretary shall use the remaining amount (if any) to

2 carry out parts C and D.

3 ‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No

4 funds appropriated to carry out this title may be combined

5 with funds appropriated under any other Act if the purpose

6 of combining such funds is to make a single discretionary

7 grant, or a single discretionary payment, unless such funds

8 are separately identified in all grants and contracts and

9 are used for the purposes specified in this title.’’.

10 (m) SEXUAL ABUSE PREVENTION PROGRAM.—

11 (1) AUTHORITY FOR PROGRAM.—The Runaway

12 and Homeless Youth Act (42 U.S.C. 5701 et seq.) is

13 amended—

14 (A) by striking the heading for part F;

15 (B) by redesignating part E as part F; and

16 (C) by inserting after part D the following:

17 ‘‘PART E—SEXUAL ABUSE PREVENTION PROGRAM

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

19 ‘‘(a) IN GENERAL.—The Secretary may make grants

20 to nonprofit private agencies for the purpose of providing

21 street-based services to runaway and homeless, and street

22 youth, who have been subjected to, or are at risk of being

23 subjected to, sexual abuse, prostitution, or sexual exploi24 tation.
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1 ‘‘(b) PRIORITY.—In selecting applicants to receive

2 grants under subsection (a), the Secretary shall give pri3 ority to nonprofit private agencies that have experience in

4 providing services to runaway and homeless, and street

5 youth.’’.

6 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec7 tion 388(a) of the Runaway and Homeless Youth Act

8 (42 U.S.C. 5751), as amended by subsection (l) of this

9 section, is amended by adding at the end the fol10 lowing:

11 ‘‘(4) PART E.—There is authorized to be appropriated

12 to carry out part E such sums as may be necessary for

13 fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

14 (n) DEFINITIONS.—The Runaway and Homeless

15 Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting

16 after section 386, as amended by subsection (k) of this sec17 tion, the following:

18 ‘‘SEC. 387. DEFINITIONS.

19 ‘‘In this title:

20 ‘‘(1) DRUG ABUSE EDUCATION AND PREVENTION

21 SERVICES.—The term ‘drug abuse education and pre22 vention services’—

23 ‘‘(A) means services to runaway and home24 less youth to prevent or reduce the illicit use of

25 drugs by such youth; and
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1 ‘‘(B) may include—

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

3 peer counseling;

4 ‘‘(ii) drop-in services;

5 ‘‘(iii) assistance to runaway and

6 homeless youth in rural areas (including

7 the development of community support

8 groups);

9 ‘‘(iv) information and training relat10 ing to the illicit use of drugs by runaway

11 and homeless youth, to individuals involved

12 in providing services to such youth; and

13 ‘‘(v) activities to improve the avail14 ability of local drug abuse prevention serv15 ices to runaway and homeless youth.

16 ‘‘(2) HOME-BASED SERVICES.—The term ‘home17 based services’—

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

19 their families for the purpose of—

20 ‘‘(i) preventing such youth from run21 ning away, or otherwise becoming sepa22 rated, from their families; and

23 ‘‘(ii) assisting runaway youth to re24 turn to their families; and
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1 ‘‘(B) includes services that are provided in

2 the residences of families (to the extent prac3 ticable), including—

4 ‘‘(i) intensive individual and family

5 counseling; and

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

7 parenting.

8 ‘‘(3) HOMELESS YOUTH.—The term ‘homeless

9 youth’ means an individual—

10 ‘‘(A) who is—

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

12 and

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

14 less than 16 years of age;

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

16 a safe environment with a relative; and

17 ‘‘(C) who has no other safe alternative liv18 ing arrangement.

19 ‘‘(4) STREET-BASED SERVICES.—The term

20 ‘street-based services’—

21 ‘‘(A) means services provided to runaway

22 and homeless youth, and street youth, in areas

23 where they congregate, designed to assist such

24 youth in making healthy personal choices regard25 ing where they live and how they behave; and
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1 ‘‘(B) may include—

2 ‘‘(i) identification of and outreach to

3 runaway and homeless youth, and street

4 youth;

5 ‘‘(ii) crisis intervention and coun6 seling;

7 ‘‘(iii) information and referral for

8 housing;

9 ‘‘(iv) information and referral for

10 transitional living and health care services;

11 ‘‘(v) advocacy, education, and preven12 tion services related to—

13 ‘‘(I) alcohol and drug abuse;

14 ‘‘(II) sexual exploitation;

15 ‘‘(III) sexually transmitted dis16 eases, including human immuno17 deficiency virus (HIV); and

18 ‘‘(IV) physical and sexual assault.

19 ‘‘(5) STREET YOUTH.—The term ‘street youth’

20 means an individual who—

21 ‘‘(A) is—

22 ‘‘(i) a runaway youth; or

23 ‘‘(ii) indefinitely or intermittently a

24 homeless youth; and
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1 ‘‘(B) spends a significant amount of time

2 on the street or in other areas that increase the

3 risk to such youth for sexual abuse, sexual exploi4 tation, prostitution, or drug abuse.

5 ‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—

6 The term ‘transitional living youth project’ means a

7 project that provides shelter and services designed to

8 promote a transition to self-sufficient living and to

9 prevent long-term dependency on social services.

10 ‘‘(7) YOUTH AT RISK OF SEPARATION FROM THE

11 FAMILY.—The term ‘youth at risk of separation from

12 the family’ means an individual—

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

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

15 from the family of such individual;

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

17 is not willing to provide for the basic needs of

18 such individual; or

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

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

22 to meet such needs.’’.

23 (o) REDESIGNATION OF SECTIONS.—Sections 371, 372,

24 381, 382, and 383 of the Runaway and Homeless Youth

25 Act (42 U.S.C. 5714b–5851 et seq.), as amended by this
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1 title, are redesignated as sections 381, 382, 383, 384, and

2 385, respectively.

3 (p) TECHNICAL AMENDMENTS.—The Runaway and

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

5 (1) in section 331, in the first sentence, by strik6 ing ‘‘With’’ and all that follows through ‘‘the Sec7 retary’’, and inserting ‘‘The Secretary’’; and

8 (2) in section 344(a)(1), by striking ‘‘With’’ and

9 all that follows through ‘‘the Secretary’’, and insert10 ing ‘‘The Secretary’’.

11 SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED

12 CHILDREN.

13 (a) FINDINGS.—Section 402 of the Missing Children’s

14 Assistance Act (42 U.S.C. 5771) is amended—

15 (1) in paragraph (7), by striking ‘‘and’’ at the

16 end;

17 (2) in paragraph (8), by striking the period at

18 the end and inserting ‘‘; and’’; and

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

20 ‘‘(9) for 14 years, the National Center for Miss21 ing and Exploited Children has—

22 ‘‘(A) served as the national resource center

23 and clearinghouse congressionally mandated

24 under the provisions of the Missing Children’s

25 Assistance Act of 1984; and
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1 ‘‘(B) worked in partnership with the De2 partment of Justice, the Federal Bureau of In3 vestigation, the Department of the Treasury, the

4 Department of State, and many other agencies

5 in the effort to find missing children and prevent

6 child victimization;

7 ‘‘(10) Congress has given the Center, which is a

8 private non-profit corporation, access to the National

9 Crime Information Center of the Federal Bureau of

10 Investigation, and the National Law Enforcement

11 Telecommunications System;

12 ‘‘(11) since 1987, the Center has operated the

13 National Child Pornography Tipline, in conjunction

14 with the United States Customs Service and the

15 United States Postal Inspection Service and, begin16 ning this year, the Center established a new

17 CyberTipline on child exploitation, thus becoming ‘the

18 911 for the Internet’;

19 ‘‘(12) in light of statistics that time is of the es20 sence in cases of child abduction, the Director of the

21 Federal Bureau of Investigation in February of 1997

22 created a new NCIC child abduction (‘CA’) flag to

23 provide the Center immediate notification in the most

24 serious cases, resulting in 642 ‘CA’ notifications to
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1 the Center and helping the Center to have its highest

2 recovery rate in history;

3 ‘‘(13) the Center has established a national and

4 increasingly worldwide network, linking the Center

5 online with each of the missing children clearing6 houses operated by the 50 States, the District of Co7 lumbia, and Puerto Rico, as well as with Scotland

8 Yard in the United Kingdom, the Royal Canadian

9 Mounted Police, INTERPOL headquarters in Lyon,

10 France, and others, which has enabled the Center to

11 transmit images and information regarding missing

12 children to law enforcement across the United States

13 and around the world instantly;

14 ‘‘(14) from its inception in 1984 through March

15 31, 1998, the Center has—

16 ‘‘(A) handled 1,203,974 calls through its 24-

17 hour toll-free hotline (1–800–THE–LOST) and

18 currently averages 700 calls per day;

19 ‘‘(B) trained 146,284 law enforcement,

20 criminal and juvenile justice, and healthcare

21 professionals in child sexual exploitation and

22 missing child case detection, identification, in23 vestigation, and prevention;

24 ‘‘(C) disseminated 15,491,344 free publica25 tions to citizens and professionals; and
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1 ‘‘(D) worked with law enforcement on the

2 cases of 59,481 missing children, resulting in the

3 recovery of 40,180 children;

4 ‘‘(15) the demand for the services of the Center

5 is growing dramatically, as evidenced by the fact that

6 in 1997, the Center handled 129,100 calls, an all-time

7 record, and by the fact that its new Internet website

8 (www.missingkids.com) receives 1,500,000 ‘hits’ every

9 day, and is linked with hundreds of other websites to

10 provide real-time images of breaking cases of missing

11 children;

12 ‘‘(16) in 1997, the Center provided policy train13 ing to 256 police chiefs and sheriffs from 50 States

14 and Guam at its new Jimmy Ryce Law Enforcement

15 Training Center;

16 ‘‘(17) the programs of the Center have had a re17 markable impact, such as in the fight against infant

18 abductions in partnership with the healthcare indus19 try, during which the Center has performed 668 on20 site hospital walk-throughs and inspections, and

21 trained 45,065 hospital administrators, nurses, and

22 security personnel, and thereby helped to reduce in23 fant abductions in the United States by 82 percent;

24 ‘‘(18) the Center is now playing a significant

25 role in international child abduction cases, serving as
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1 a representative of the Department of State at cases

2 under The Hague Convention, and successfully resolv3 ing the cases of 343 international child abductions,

4 and providing greater support to parents in the

5 United States;

6 ‘‘(19) the Center is a model of public/private

7 partnership, raising private sector funds to match

8 congressional appropriations and receiving extensive

9 private in-kind support, including advanced tech10 nology provided by the computer industry such as im11 aging technology used to age the photographs of long12 term missing children and to reconstruct facial im13 ages of unidentified deceased children;

14 ‘‘(20) the Center was 1 of only 10 of 300 major

15 national charities given an A+ grade in 1997 by the

16 American Institute of Philanthropy; and

17 ‘‘(21) the Center has been redesignated as the

18 Nation’s missing children clearinghouse and resource

19 center once every 3 years through a competitive selec20 tion process conducted by the Office of Juvenile Jus21 tice and Delinquency Prevention of the Department of

22 Justice, and has received grants from that Office to

23 conduct the crucial purposes of the Center.’’.

24 (b) DEFINITIONS.—Section 403 of the Missing Chil25 dren’s Assistance Act (42 U.S.C. 5772) is amended—
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1 (1) in paragraph (1), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (2), by striking the period at

4 the end and inserting ‘‘; and’’; and

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

6 ‘‘(3) the term ‘Center’ means the National Center

7 for Missing and Exploited Children.’’.

8 (c) DUTIES AND FUNCTIONS OF THE ADMINIS9 TRATOR.—Section 404 of the Missing Children’s Assistance

10 Act (42 U.S.C. 5773) is amended—

11 (1) by redesignating subsection (c) as subsection

12 (d); and

13 (2) by striking subsection (b) and inserting the

14 following:

15 ‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR MISS16 ING AND EXPLOITED CHILDREN.—

17 ‘‘(1) IN GENERAL.—The Administrator shall an18 nually make a grant to the Center, which shall be

19 used to—

20 ‘‘(A)(i) operate a national 24-hour toll-free

21 telephone line by which individuals may report

22 information regarding the location of any miss23 ing child, or other child 13 years of age or

24 younger whose whereabouts are unknown to such

25 child’s legal custodian, and request information
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1 pertaining to procedures necessary to reunite

2 such child with such child’s legal custodian; and

3 ‘‘(ii) coordinate the operation of such tele4 phone line with the operation of the national

5 communications system referred to in part C of

6 the Runaway and Homeless Youth Act (42

7 U.S.C. 5714–11);

8 ‘‘(B) operate the official national resource

9 center and information clearinghouse for missing

10 and exploited children;

11 ‘‘(C) provide to State and local govern12 ments, public and private nonprofit agencies,

13 and individuals, information regarding—

14 ‘‘(i) free or low-cost legal, restaurant,

15 lodging, and transportation services that

16 are available for the benefit of missing and

17 exploited children and their families; and

18 ‘‘(ii) the existence and nature of pro19 grams being carried out by Federal agencies

20 to assist missing and exploited children and

21 their families;

22 ‘‘(D) coordinate public and private pro23 grams that locate, recover, or reunite missing

24 children with their families;
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1 ‘‘(E) disseminate, on a national basis, in2 formation relating to innovative and model pro3 grams, services, and legislation that benefit miss4 ing and exploited children;

5 ‘‘(F) provide technical assistance and train6 ing to law enforcement agencies, State and local

7 governments, elements of the criminal justice sys8 tem, public and private nonprofit agencies, and

9 individuals in the prevention, investigation,

10 prosecution, and treatment of cases involving

11 missing and exploited children; and

12 ‘‘(G) provide assistance to families and law

13 enforcement agencies in locating and recovering

14 missing and exploited children, both nationally

15 and internationally.

16 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to the Admin18 istrator to carry out this subsection, $10,000,000 for

19 each of fiscal years 2000, 2001, 2002, 2003, and 2004.

20 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis21 trator, either by making grants to or entering into contracts

22 with public agencies or nonprofit private agencies, shall—

23 ‘‘(1) periodically conduct national incidence

24 studies to determine for a given year the actual num25 ber of children reported missing each year, the num-
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1 ber of children who are victims of abduction by

2 strangers, the number of children who are the victims

3 of parental kidnapings, and the number of children

4 who are recovered each year; and

5 ‘‘(2) provide to State and local governments,

6 public and private nonprofit agencies, and individ7 uals information to facilitate the lawful use of school

8 records and birth certificates to identify and locate

9 missing children.’’.

10 (d) NATIONAL CENTER FOR MISSING AND EXPLOITED

11 CHILDREN.—Section 405(a) of the Missing Children’s As12 sistance Act (42 U.S.C. 5775(a)) is amended by inserting

13 ‘‘the Center and with’’ before ‘‘public agencies’’.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

15 408 of the Missing Children’s Assistance Act (42 U.S.C.

16 5777) is amended by striking ‘‘1997 through 2001’’ and in17 serting ‘‘2000 through 2004’’.

18 SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVI19 SIONS.

20 (a) DEFINITIONS.—In this section, unless otherwise

21 provided or indicated by the context:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Office of Juve24 nile Crime Control and Prevention established by op25 eration of subsection (b).
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1 (2) ADMINISTRATOR OF THE OFFICE.—The term

2 ‘‘Administrator of the Office’’ means the Adminis3 trator of the Office of Juvenile Justice and Delin4 quency Prevention.

5 (3) BUREAU OF JUSTICE ASSISTANCE.—The term

6 ‘‘Bureau of Justice Assistance’’ means the bureau es7 tablished under section 401 of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968.

9 (4) FEDERAL AGENCY.—The term ‘‘Federal agen10 cy’’ has the meaning given the term ‘‘agency’’ by sec11 tion 551(1) of title 5, United States Code.

12 (5) FUNCTION.—The term ‘‘function’’ means any

13 duty, obligation, power, authority, responsibility,

14 right, privilege, activity, or program.

15 (6) OFFICE OF JUVENILE CRIME CONTROL AND

16 PREVENTION.—The term ‘‘Office of Juvenile Crime

17 Control and Prevention’’ means the office established

18 by operation of subsection (b).

19 (7) OFFICE OF JUVENILE JUSTICE AND DELIN20 QUENCY PREVENTION.—The term ‘‘Office of Juvenile

21 Justice and Delinquency Prevention’’ means the Of22 fice of Juvenile Justice and Delinquency Prevention

23 of the Department of Justice, established by section

24 201 of the Juvenile Justice and Delinquency Preven-
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1 tion Act of 1974, as in effect on the day before the

2 date of enactment of this Act.

3 (8) OFFICE.—The term ‘‘office’’ includes any of4 fice, administration, agency, institute, unit, organiza5 tional entity, or component thereof.

6 (b) TRANSFER OF FUNCTIONS.—There are transferred

7 to the Office of Juvenile Crime Control and Prevention all

8 functions that the Administrator of the Office exercised be9 fore the date of enactment of this Act (including all related

10 functions of any officer or employee of the Office of Juvenile

11 Justice and Delinquency Prevention), and authorized after

12 the date of enactment of this Act, relating to carrying out

13 the Juvenile Justice and Delinquency Prevention Act of

14 1974.

15 (c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

16 AND PERSONNEL.—

17 (1) IN GENERAL.—Except as otherwise provided

18 in this section, the personnel employed in connection

19 with, and the assets, liabilities, contracts, property,

20 records, and unexpended balances of appropriations,

21 authorizations, allocations, and other amounts em22 ployed, used, held, arising from, available to, or to be

23 made available in connection with the functions

24 transferred by this section, subject to section 1531 of
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1 title 31, United States Code, shall be transferred to

2 the Office of Juvenile Crime Control and Prevention.

3 (2) UNEXPENDED AMOUNTS.—Any unexpended

4 amounts transferred pursuant to this subsection shall

5 be used only for the purposes for which the amounts

6 were originally authorized and appropriated.

7 (d) INCIDENTAL TRANSFERS.—

8 (1) IN GENERAL.—The Director of the Office of

9 Management and Budget, at such time or times as the

10 Director of that Office shall provide, may make such

11 determinations as may be necessary with regard to

12 the functions transferred by this section, and to make

13 such additional incidental dispositions of personnel,

14 assets, liabilities, grants, contracts, property, records,

15 and unexpended balances of appropriations, author16 izations, allocations, and other amounts held, used,

17 arising from, available to, or to be made available in

18 connection with such functions, as may be necessary

19 to carry out this section.

20 (2) TERMINATION OF AFFAIRS.—The Director of

21 the Office of Management and Budget shall provide

22 for the termination of the affairs of all entities termi23 nated by this section and for such further measures

24 and dispositions as may be necessary to effectuate the

25 purposes of this section.
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1 (e) EFFECT ON PERSONNEL.—

2 (1) IN GENERAL.—Except as otherwise provided

3 by this section, the transfer pursuant to this section

4 of full-time personnel (except special Government em5 ployees) and part-time personnel holding permanent

6 positions shall not cause any such employee to be sep7 arated or reduced in grade or compensation for 1

8 year after the date of transfer of such employee under

9 this section.

10 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

11 as otherwise provided in this section, any person who,

12 on the day before the date of enactment of this Act,

13 held a position compensated in accordance with the

14 Executive Schedule prescribed in chapter 53 of title 5,

15 United States Code, and who, without a break in

16 service, is appointed in the Office of Juvenile Crime

17 Control and Prevention to a position having duties

18 comparable to the duties performed immediately pre19 ceding such appointment shall continue to be com20 pensated in such new position at not less than the

21 rate provided for such previous position, for the dura22 tion of the service of such person in such new posi23 tion.

24 (3) TRANSITION RULE.—The incumbent Admin25 istrator of the Office as of the date immediately pre-
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1 ceding the date of enactment of this Act shall continue

2 to serve as Administrator after the date of enactment

3 of this Act until such time as the incumbent resigns,

4 is relieved of duty by the President, or an Adminis5 trator is appointed by the President, by and with the

6 advice and consent of the Senate.

7 (f) SAVINGS PROVISIONS.—

8 (1) CONTINUING EFFECT OF LEGAL DOCU9 MENTS.—All orders, determinations, rules, regula10 tions, permits, agreements, grants, contracts, certifi11 cates, licenses, registrations, privileges, and other ad12 ministrative actions—

13 (A) that have been issued, made, granted, or

14 allowed to become effective by the President, any

15 Federal agency or official thereof, or by a court

16 of competent jurisdiction, in the performance of

17 functions that are transferred under this section;

18 and

19 (B) that are in effect at the time this section

20 takes effect, or were final before the date of enact21 ment of this Act and are to become effective on

22 or after the date of enactment of this Act, shall

23 continue in effect according to their terms until

24 modified, terminated, superseded, set aside, or

25 revoked in accordance with law by the President,
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1 the Administrator, or other authorized official, a

2 court of competent jurisdiction, or by operation

3 of law.

4 (2) PROCEEDINGS NOT AFFECTED.—

5 (A) IN GENERAL.—This section shall not af6 fect any proceedings, including notices of pro7 posed rulemaking, or any application for any li8 cense, permit, certificate, or financial assistance

9 pending before the Office of Juvenile Justice and

10 Delinquency Prevention on the date on which

11 this section takes effect, with respect to functions

12 transferred by this section but such proceedings

13 and applications shall be continued.

14 (B) ORDERS; APPEALS; PAYMENTS.—Orders

15 shall be issued in such proceedings, appeals shall

16 be taken therefrom, and payments shall be made

17 pursuant to such orders, as if this section had

18 not been enacted, and orders issued in any such

19 proceedings shall continue in effect until modi20 fied, terminated, superseded, or revoked by a

21 duly authorized official, by a court of competent

22 jurisdiction, or by operation of law.

23 (C) DISCONTINUANCE OR MODIFICATION.—

24 Nothing in this paragraph shall be construed to

25 prohibit the discontinuance or modification of
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1 any such proceeding under the same terms and

2 conditions and to the same extent that such pro3 ceeding could have been discontinued or modified

4 if this paragraph had not been enacted.

5 (3) SUITS NOT AFFECTED.—This section shall

6 not affect suits commenced before the date of enact7 ment of this Act, and in all such suits, proceedings

8 shall be had, appeals taken, and judgments rendered

9 in the same manner and with the same effect as if

10 this section had not been enacted.

11 (4) NONABATEMENT OF ACTIONS.—No suit, ac12 tion, or other proceeding commenced by or against the

13 Office of Juvenile Justice and Delinquency Preven14 tion, or by or against any individual in the official

15 capacity of such individual as an officer of the Office

16 of Juvenile Justice and Delinquency Prevention, shall

17 abate by reason of the enactment of this section.

18 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO19 MULGATION OF REGULATIONS.—Any administrative

20 action relating to the preparation or promulgation of

21 a regulation by the Office of Juvenile Justice and De22 linquency Prevention relating to a function trans23 ferred under this section may be continued, to the ex24 tent authorized by this section, by the Office of Juve-
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1 nile Crime Control and Prevention with the same ef2 fect as if this section had not been enacted.

3 (6) RULE OF CONSTRUCTION.—Nothing in this

4 subsection may be construed to affect the authority

5 under section 242A or 243 of the Juvenile Justice and

6 Delinquency Prevention Act of 1974, as amended by

7 this Act.

8 (g) TRANSITION.—The Administrator may utilize—

9 (1) the services of such officers, employees, and

10 other personnel of the Office of Juvenile Justice and

11 Delinquency Prevention with respect to functions

12 transferred to the Office of Juvenile Crime Control

13 and Prevention by this section; and

14 (2) amounts appropriated to such functions for

15 such period of time as may reasonably be needed to

16 facilitate the orderly implementation of this section.

17 (h) REFERENCES.—Reference in any other Federal

18 law, Executive order, rule, regulation, or delegation of au19 thority, or any document of or relating to—

20 (1) the Administrator of the Office of Juvenile

21 Justice and Delinquency Prevention with regard to

22 functions transferred by operation of subsection (b),

23 shall be considered to refer to the Administrator of the

24 Office of Juvenile Crime Control and Prevention; and
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1 (2) the Office of Juvenile Justice and Delin2 quency Prevention with regard to functions trans3 ferred by operation of subsection (b), shall be consid4 ered to refer to the Office of Juvenile Crime Control

5 and Prevention.

6 (i) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) Section 5315 of title 5, United States Code,

8 is amended by striking ‘‘Administrator, Office of Ju9 venile Justice and Delinquency Prevention’’ and in10 serting ‘‘Administrator, Office of Juvenile Crime Con11 trol and Prevention’’.

12 (2) Section 4351(b) of title 18, United States

13 Code, is amended by striking ‘‘Office of Juvenile Jus14 tice and Delinquency Prevention’’ and inserting ‘‘Of15 fice of Juvenile Crime Control and Prevention’’.

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

17 title 39, United States Code, are each amended by

18 striking ‘‘Office of Juvenile Justice and Delinquency

19 Prevention’’ each place it appears and inserting ‘‘Of20 fice of Juvenile Crime Control and Prevention’’.

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

22 U.S.C. 663(f)) is amended by striking ‘‘Office of Juve23 nile Justice and Delinquency Prevention’’ and insert24 ing ‘‘Office of Juvenile Crime Control and Preven25 tion’’.
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1 (5) Sections 801(a), 804, 805, and 813 of title I

2 of the Omnibus Crime Control and Safe Streets Act

3 of 1968 (42 U.S.C. 3712(a), 3782, 3785, 3786, 3789i)

4 are amended by striking ‘‘Office of Juvenile Justice

5 and Delinquency Prevention’’ each place it appears

6 and inserting ‘‘Office of Juvenile Crime Control and

7 Prevention’’.

8 (6) The Victims of Child Abuse Act of 1990 (42

9 U.S.C. 13001 et seq.) is amended—

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

11 293, and 296 of subpart II of title II’’ and in12 serting ‘‘299B and 299E’’;

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

14 293, and 296 of subpart II of title II’’ and in15 serting ‘‘299B and 299E’’;

16 (C) in sections 217 and 222 by striking

17 ‘‘Office of Juvenile Justice and Delinquency Pre18 vention’’ each place it appears and inserting

19 ‘‘Office of Juvenile Crime Control and Preven20 tion’’; and

21 (D) in section 223(c) by striking ‘‘section

22 262, 293, and 296’’ and inserting ‘‘sections 262,

23 299B, and 299E’’.

24 (7) The Missing Children’s Assistance Act (42

25 U.S.C. 5771 et seq.) is amended—
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1 (A) in section 403(2) by striking ‘‘Justice

2 and Delinquency Prevention’’ and inserting

3 ‘‘Crime Control and Delinquency Prevention’’;

4 and

5 (B) in subsections (a)(5)(E) and (b)(1)(B)

6 of section 404 by striking ‘‘section 313’’ and in7 serting ‘‘section 331’’.

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

9 13001 et seq.) is amended—

10 (A) in section 217(c)(1) by striking ‘‘sec11 tions 262, 293, and 296 of subpart II of title II’’

12 and inserting ‘‘sections 299B and 299E’’; and

13 (B) in section 223(c) by striking ‘‘section

14 262, 293, and 296 of title II’’ and inserting ‘‘sec15 tions 299B and 299E’’.

16 (j) REFERENCES.—In any Federal law (excluding this

17 Act and the Acts amended by this Act), Executive order,

18 rule, regulation, order, delegation of authority, grant, con19 tract, suit, or document a reference to the Office of Juvenile

20 Justice and Delinquency Prevention shall be deemed to in21 clude a reference to the Office of Juvenile Crime Control

22 and Prevention.
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1 Subtitle B—Accountability for Juve2 nile Offenders and Public Pro3 tection Incentive Grants

4 SEC. 321. BLOCK GRANT PROGRAM.

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

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796

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

8 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

9 GRANTS

10 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

11 ‘‘(a) IN GENERAL.—The Attorney General shall make,

12 subject to the availability of appropriations, grants to

13 States for use by States and units of local government in

14 planning, establishing, operating, coordinating, and evalu15 ating projects, directly or through grants and contracts with

16 public and private agencies, for the development of more

17 effective investigation, prosecution, and punishment (in18 cluding the imposition of graduated sanctions) of crimes

19 or acts of delinquency committed by juveniles, programs to

20 improve the administration of justice for and ensure ac21 countability by juvenile offenders, and programs to reduce

22 the risk factors (such as truancy, drug or alcohol use, and

23 gang involvement) associated with juvenile crime or delin24 quency.
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1 ‘‘(b) USE OF GRANTS.—Grants under this section may

2 be used by States and units of local government—

3 ‘‘(1) for programs to enhance the identification,

4 investigation, prosecution, and punishment of juvenile

5 offenders, such as—

6 ‘‘(A) the utilization of graduated sanctions;

7 ‘‘(B) the utilization of short-term confine8 ment of juvenile offenders;

9 ‘‘(C) the incarceration of violent juvenile of10 fenders for extended periods of time;

11 ‘‘(D) the hiring of juvenile public defenders,

12 juvenile judges, juvenile probation officers, and

13 juvenile correctional officers to implement poli14 cies to control juvenile crime and violence and

15 ensure accountability of juvenile offenders; and

16 ‘‘(E) the development and implementation

17 of coordinated, multi-agency systems for—

18 ‘‘(i) the comprehensive and coordinated

19 booking, identification, and assessment of

20 juveniles arrested or detained by law en21 forcement agencies, including the utilization

22 of multi-agency facilities such as juvenile

23 assessment centers; and

24 ‘‘(ii) the coordinated delivery of sup25 port services for juveniles who have had or
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1 are at risk for contact with the juvenile or

2 criminal systems, including utilization of

3 court-established local service delivery coun4 cils;

5 ‘‘(2) for programs that require juvenile offenders

6 to make restitution to the victims of offenses com7 mitted by those juvenile offenders, including programs

8 designed and operated to further the goal of providing

9 eligible offenders with an alternative to adjudication

10 that emphasizes restorative justice;

11 ‘‘(3) for programs that require juvenile offenders

12 to attend and successfully complete school or voca13 tional training as part of a sentence imposed by a

14 court;

15 ‘‘(4) for programs that require juvenile offenders

16 who are parents to demonstrate parental responsi17 bility by working and paying child support;

18 ‘‘(5) for programs that seek to curb or punish

19 truancy;

20 ‘‘(6) for programs designed to collect, record, re21 tain, and disseminate information useful in the iden22 tification, prosecution, and sentencing of juvenile of23 fenders, such as criminal history information, finger24 prints, DNA tests, and ballistics tests;
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1 ‘‘(7) for the development and implementation of

2 coordinated multijurisdictional or multiagency pro3 grams for the identification, control, supervision, pre4 vention, investigation, and treatment of the most seri5 ous juvenile offenses and offenders, popularly known

6 as a ‘SHOCAP Program’ (Serious Habitual Offenders

7 Comprehensive Action Program);

8 ‘‘(8) for the development and implementation of

9 coordinated multijurisdictional or multiagency pro10 grams for the identification, control, supervision, pre11 vention, investigation, and disruption of youth gangs;

12 ‘‘(9) for the construction or remodeling of short13 and long-term facilities for juvenile offenders;

14 ‘‘(10) for the development and implementation of

15 technology, equipment, training programs for juvenile

16 crime control, for law enforcement officers, judges,

17 prosecutors, probation officers, and other court per18 sonnel who are employed by State and local govern19 ments, in furtherance of the purposes identified in

20 this section;

21 ‘‘(11) for partnerships between State educational

22 agencies and local educational agencies for the design

23 and implementation of character education and

24 training programs that incorporate the following ele-
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1 ments of character: Caring, citizenship, fairness, re2 spect, responsibility and trustworthiness;

3 ‘‘(12) for programs to seek to target, curb and

4 punish adults who knowingly and intentionally use a

5 juvenile during the commission or attempted commis6 sion of a crime, including programs that specifically

7 provide for additional punishments or sentence en8 hancements for adults who knowingly and inten9 tionally use a juvenile during the commission or at10 tempted commission of a crime;

11 ‘‘(13) for juvenile prevention programs (includ12 ing curfews, youth organizations, anti-drug, and

13 anti-alcohol programs, anti-gang programs, and after

14 school programs and activities);

15 ‘‘(14) for juvenile drug and alcohol treatment

16 programs;

17 ‘‘(15) for school counseling and other school-base

18 prevention programs;

19 ‘‘(16) for programs that drug test juveniles who

20 are arrested, including follow-up testings; and

21 ‘‘(17) for programs for—

22 ‘‘(A) providing cross-training, jointly with

23 the public mental health system, for State juve24 nile court judges, public defenders, prosecutors,

25 and mental health and substance abuse agency
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1 representatives with respect to the appropriate

2 use of effective, community-based alternatives to

3 juvenile justice or mental health system institu4 tional placements; or

5 ‘‘(B) providing training for State juvenile

6 probation officers and community mental health

7 and substance abuse program representatives on

8 appropriate linkages between probation pro9 grams and mental health community programs,

10 specifically focusing on the identification of men11 tal disorders and substance abuse addiction in

12 juveniles on probation, effective treatment inter13 ventions for those disorders, and making appro14 priate contact with mental health and substance

15 abuse case managers and programs in the com16 munity, in order to ensure that juveniles on pro17 bation receive appropriate access to mental

18 health and substance abuse treatment programs

19 and services.

20 ‘‘(c) REQUIREMENTS.—To be eligible to receive an in21 centive grant under this section, a State shall submit to

22 the Attorney General an application, in such form as shall

23 be prescribed by the Attorney General, which shall contain

24 assurances that, not later than 1 year after the date on

25 which the State submits such application—
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1 ‘‘(1) the State has established or will establish a

2 system of graduated sanctions for juvenile offenders

3 that ensures appropriate sanctions, which are grad4 uated to reflect the severity or repeated nature of vio5 lations, for each act of delinquency;

6 ‘‘(2) the State has established or will establish a

7 policy of drug testing (including followup testing) ju8 venile offenders upon their arrest for any offense with9 in an appropriate category of offenses designated by

10 the chief executive officer of the State; and

11 ‘‘(3) the State has an established policy recog12 nizing the rights and needs of victims of crimes com13 mitted by juveniles.

14 ‘‘(d) ALLOCATION AND DISTRIBUTION OF STATE

15 GRANTS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) STATE AND LOCAL DISTRIBUTION.—

18 Subject to subparagraph (B), of amounts made

19 available to the State, 30 percent may be re20 tained by the State for use pursuant to para21 graph (2) and 70 percent shall be reserved by the

22 State for local distribution pursuant to para23 graph (3).

24 ‘‘(B) SPECIAL RULE.—The Attorney Gen25 eral may waive the requirements of this para-
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1 graph with respect to any State in which the

2 criminal and juvenile justice services for delin3 quent or other youth are organized primarily on

4 a statewide basis, in which case not more than

5 50 percent of funds shall be made available to all

6 units of local government in that State pursuant

7 to paragraph (3).

8 ‘‘(2) OTHER DISTRIBUTION.—Of amounts re9 tained by the State under paragraph (1)—

10 ‘‘(A) not less than 50 percent shall be des11 ignated for—

12 ‘‘(i) programs pursuant to paragraph

13 (1) or (9) of subsection (b), except that if

14 the State designates any amounts for pur15 poses of construction or remodeling of short16 or long-term facilities pursuant to sub17 section (b)(9), such amounts shall constitute

18 not more than 50 percent of the estimated

19 construction or remodeling cost and that no

20 funds expended pursuant to this subpara21 graph may be used for the incarceration of

22 any offender who was more than 21 years

23 of age at the time of the offense, and no

24 funds expended pursuant to this subpara25 graph may be used for construction, renova-
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1 tion, or expansion of facilities for such of2 fenders, except that funds may be used to

3 construct juvenile facilities collocated with

4 adult facilities; or

5 ‘‘(ii) drug testing upon arrest for any

6 offense within the category of offenses des7 ignated pursuant to subsection (c)(3), and

8 intensive supervision thereafter pursuant to

9 programs under subsection (b)(7) and sub10 section (c)(3); and

11 ‘‘(B) not less than 25 percent shall be used

12 for the purposes set forth in paragraph (13),

13 (14), or (15) of subsection (b).

14 ‘‘(3) LOCAL ELIGIBILITY AND DISTRIBUTION.—

15 ‘‘(A) IN GENERAL.—

16 ‘‘(i) LOCAL DISTRIBUTION SUBGRANT

17 ELIGIBILITY.—To be eligible to receive a

18 subgrant, a unit of local government shall

19 provide such assurances to the State as the

20 State shall require, that, to the maximum

21 extent applicable, the unit of local govern22 ment has laws or policies and programs

23 that comply with the eligibility require24 ments of subsection (c).
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1 ‘‘(ii) COORDINATED LOCAL EFFORT.—

2 Prior to receiving a grant under this sec3 tion, a unit of local government shall certify

4 that it has or will establish a coordinated

5 enforcement plan for reducing juvenile

6 crime within the jurisdiction of the unit of

7 local government, developed by a juvenile

8 crime enforcement coalition, such coalition

9 consisting of individuals within the juris10 diction representing the police, sheriff, pros11 ecutor, State or local probation services, ju12 venile court, schools, business, and religious

13 affiliated, fraternal, nonprofit, or social

14 service organizations involved in crime pre15 vention.

16 ‘‘(B) SPECIAL RULE.—The requirements of

17 subparagraph (A) shall apply to an eligible unit

18 that receives funds from the Attorney General

19 under subparagraph (H), except that informa20 tion that would otherwise be submitted to the

21 State shall be submitted to the Attorney General.

22 ‘‘(C) LOCAL DISTRIBUTION.—From amounts

23 reserved for local distribution under paragraph

24 (1), the State shall allocate to such units of local
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1 government an amount that bears the same ratio

2 to the aggregate amount of such funds as—

3 ‘‘(i) the sum of—

4 ‘‘(I) the product of—

5 ‘‘(aa) two-thirds; multiplied

6 by

7 ‘‘(bb) the average law en8 forcement expenditure for such

9 unit of local government for the 3

10 most recent calendar years for

11 which such data is available; plus

12 ‘‘(II) the product of—

13 ‘‘(aa) one-third; multiplied

14 by

15 ‘‘(bb) the average annual

16 number of part 1 violent crimes

17 in such unit of local government

18 for the 3 most recent calendar

19 years for which such data is

20 available, bears to—

21 ‘‘(ii) the sum of the products deter22 mined under subparagraph (A) for all such

23 units of local government in the State.

24 ‘‘(D) EXPENDITURES.—The allocation any

25 unit of local government shall receive under
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1 paragraph (1) for a payment period shall not ex2 ceed 100 percent of law enforcement expenditures

3 of the unit for such payment period.

4 ‘‘(E) REALLOCATION.—The amount of any

5 unit of local government’s allocation that is not

6 available to such unit by operation of paragraph

7 (2) shall be available to other units of local gov8 ernment that are not affected by such operation

9 in accordance with this subsection.

10 ‘‘(F) UNAVAILABILITY OF DATA FOR UNITS

11 OF LOCAL GOVERNMENT.—If the State has reason

12 to believe that the reported rate of part 1 violent

13 crimes or law enforcement expenditure for a unit

14 of local government is insufficient or inaccurate,

15 the State shall—

16 ‘‘(i) investigate the methodology used

17 by the unit to determine the accuracy of the

18 submitted data; and

19 ‘‘(ii) if necessary, use the best available

20 comparable data regarding the number of

21 violent crimes or law enforcement expendi22 ture for the relevant years for the unit of

23 local government.

24 ‘‘(G) LOCAL GOVERNMENT WITH ALLOCA25 TIONS LESS THAN $5,000.—If, under this section,
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1 a unit of local government is allocated less than

2 $5,000 for a payment period, the amount allo3 cated shall be expended by the State on services

4 to units of local government whose allotment is

5 less than such amount in a manner consistent

6 with this part.

7 ‘‘(H) DIRECT GRANTS TO ELIGIBLE

8 UNITS.—

9 ‘‘(i) IN GENERAL.—If a State does not

10 qualify or apply for a grant under this sec11 tion, by the application deadline established

12 by the Attorney General, the Attorney Gen13 eral shall reserve not more than 70 percent

14 of the allocation that the State would have

15 received for grants under this section under

16 subsection (e) for such fiscal year to provide

17 grants to eligible units that meet the re18 quirements for funding under subparagraph

19 (A).

20 ‘‘(ii) AWARD BASIS.—In addition to

21 the qualification requirements for direct

22 grants for eligible units the Attorney Gen23 eral may use the average amount allocated

24 by the States to like governmental units as
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1 a basis for awarding grants under this sec2 tion.

3 ‘‘(I) ALLOCATION BY UNITS OF LOCAL GOV4 ERNMENT.—Of the total amount made available

5 under this section to a unit of local government

6 for a fiscal year, not less than 25 percent shall

7 be used for the purposes set forth in paragraph

8 (13), (14), or (15) of subsection (b), and not less

9 than 50 percent shall be designated for—

10 ‘‘(i) paragraph (1) or (9) of subsection

11 (b), except that, if amounts are allocated for

12 purposes of construction or remodeling of

13 short- or long-term facilities pursuant to

14 subsection (b)(9)—

15 ‘‘(I) the unit of local government

16 shall coordinate such expenditures with

17 similar State expenditures;

18 ‘‘(II) Federal funds shall con19 stitute not more than 50 percent of the

20 estimated construction or remodeling

21 cost; and

22 ‘‘(III) no funds expended pursu23 ant to this clause may be used for the

24 incarceration of any offender who was

25 more than 21 years of age at the time
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1 of the offense or for construction, ren2 ovation, or expansion of facilities for

3 such offenders, except that funds may

4 be used to construct juvenile facilities

5 collocated with adult facilities, includ6 ing separate buildings for juveniles

7 and separate juvenile wings, cells, or

8 areas collocated within an adult jail or

9 lockup; or

10 ‘‘(ii) drug testing upon arrest for any

11 offense within the category of offenses des12 ignated pursuant to subsection (c)(3), and

13 intensive supervision thereafter pursuant to

14 programs under subsection (b)(7) and sub15 section (c)(3).

16 ‘‘(4) NONSUPPLANTATION.—Amounts made

17 available under this section to the States (or units of

18 local government in the State) shall not be used to

19 supplant State or local funds (or in the case of In20 dian tribal governments, to supplant amounts pro21 vided by the Bureau of Indian Affairs) but shall be

22 used to increase the amount of funds that would in

23 the absence of amounts received under this section, be

24 made available from a State or local source, or in the
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1 case of Indian tribal governments, from amounts pro2 vided by the Bureau of Indian Affairs.

3 ‘‘(e) ALLOCATION OF GRANTS AMONG QUALIFYING

4 STATES; RESTRICTIONS ON USE.—

5 ‘‘(1) ALLOCATION.—Amounts made available

6 under this section shall be allocated as follows:

7 ‘‘(A) 0.5 percent shall be allocated to each

8 eligible State.

9 ‘‘(B) The amount remaining after the allo10 cation under subparagraph (A) shall be allocated

11 proportionately based on the population that is

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

13 ‘‘(2) RESTRICTIONS ON USE.—Amounts made

14 available under this section shall be subject to the re15 strictions of subsections (a) and (b) of section 292 of

16 the Juvenile Justice and Delinquency Prevention Act

17 of 1974, except that the penalties in section 292(c) of

18 such Act do not apply.

19 ‘‘(f) GRANTS TO INDIAN TRIBES.—

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

21 any other provision of law, from the amounts appro22 priated pursuant to section 291 of the Juvenile Jus23 tice and Delinquency Prevention Act of 1974, for each

24 fiscal year, the Attorney General shall reserve an

25 amount equal to the amount to which all Indian
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1 tribes eligible to receive a grant under paragraph (3)

2 would collectively be entitled, if such tribes were col3 lectively treated as a State to carry out this sub4 section.

5 ‘‘(2) GRANTS TO INDIAN TRIBES.—From the

6 amounts reserved under paragraph (1), the Attorney

7 General shall make grants to Indian tribes for pro8 grams pursuant to the permissible purposes under

9 section 1801.

10 ‘‘(3) APPLICATIONS.—To be eligible to receive a

11 grant under this subsection, an Indian tribe shall

12 submit to the Attorney General an application in

13 such form and containing such information as the At14 torney General may by regulation require. The re15 quirements of subsection (c) apply to grants under

16 this subsection.

17 ‘‘SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

18 ‘‘(a) IN GENERAL.—The Attorney General, through the

19 Director of the Bureau of Justice Statistics and with con20 sultation and coordination with the Office of Justice Pro21 grams and the Attorney General, upon application from a

22 State (in such form and containing such information as

23 the Attorney General may reasonably require) shall make

24 a grant to each eligible State to be used by the State exclu-
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1 sively for purposes of meeting the eligibility requirements

2 of subsection (b).

3 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant

4 under subsection (a) if its application provides assurances

5 that, not later than 3 years after the date on which such

6 application is submitted, the State will—

7 ‘‘(1) maintain, at the adult State central reposi8 tory in accordance with the State’s established prac9 tices and policies relating to adult criminal history

10 records—

11 ‘‘(A) a fingerprint supported record of the

12 adjudication of delinquency of any juvenile who

13 commits an act that, if committed by an adult,

14 would constitute the offense of murder, armed

15 robbery, rape (except statutory rape), or a felony

16 offense involving sexual molestation of a child, or

17 a conspiracy or attempt to commit any such of18 fense (all as defined by State law), that is equiv19 alent to, and maintained and disseminated in

20 the same manner and for the same purposes as

21 are adult criminal history records for the same

22 offenses, except that the record may include a no23 tation of expungement pursuant to State law;

24 and
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1 ‘‘(B) a fingerprint supported record of the

2 adjudication of delinquency of any juvenile who

3 commits an act that, if committed by an adult,

4 would be a felony other than a felony described

5 in subparagraph (A) that is equivalent to, and

6 maintained and disseminated in the same man7 ner for any criminal justice purpose as are adult

8 criminal history records for the same offenses, ex9 cept that the record may include a notation of

10 expungement pursuant to State law; and

11 ‘‘(2) will establish procedures by which an offi12 cial of an elementary, secondary, and post-secondary

13 school may, in appropriate circumstances (as defined

14 by applicable State law), gain access to the juvenile

15 adjudication record of a student enrolled at the school,

16 or a juvenile who seeks, intends, or is instructed to

17 enroll at that school, if—

18 ‘‘(A) the official is subject to the same

19 standards and penalties under applicable Fed20 eral and State law relating to the handling and

21 disclosure of information contained in juvenile

22 adjudication records as are employees of law en23 forcement and juvenile justice agencies in the

24 State; and
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1 ‘‘(B) information contained in the juvenile

2 adjudication record may not be used for the pur3 pose of making an admission determination.

4 ‘‘(c) VALIDITY OF CERTAIN JUDGMENTS.—Nothing in

5 this section shall require States, in order to qualify for

6 grants under this title, to modify laws concerning the status

7 of any adjudication of juvenile delinquency or judgment of

8 conviction under the law of the State that entered the judg9 ment.

10 ‘‘(d) DEFINITIONS.—In this section—

11 ‘‘(1) the term ‘criminal justice purpose’ means

12 the use by and within the criminal justice system for

13 the detection, apprehension, detention, pretrial re14 lease, post-trial release, prosecution, adjudication,

15 sentencing, disposition, correctional supervision, or

16 rehabilitation of accused persons, criminal offenders,

17 or juvenile delinquents; and

18 ‘‘(2) the term ‘expungement’ means the nullifica19 tion of the legal effect of the conviction or adjudica20 tion to which the record applies.

21 ‘‘SEC. 1803. GRANTS TO COURTS FOR STATE JUVENILE JUS22 TICE SYSTEMS.

23 ‘‘(a) IN GENERAL.—The Attorney General may make

24 grants in accordance with this section to States and units
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1 of local government to assist State and local courts with

2 juvenile offender dockets.

3 ‘‘(b) GRANT PURPOSES.—Grants under this section

4 may be used—

5 ‘‘(1) for technology, equipment, and training for

6 judges, probation officers, and other court personnel to

7 implement an accountability-based juvenile justice

8 system that provides substantial and appropriate

9 sanctions that are graduated in such manner as to re10 flect (for each delinquent act or criminal offense) the

11 severity or repeated nature of that act or offense;

12 ‘‘(2) to hire additional judges, probation officers,

13 other necessary court personnel, victims counselors,

14 and public defenders for juvenile courts or adult

15 courts with juvenile offender dockets, including courts

16 with specialized juvenile drug offense or juvenile fire17 arms offense dockets to reduce juvenile court backlogs,

18 and provide additional services to make more effective

19 systems of graduated sanctions designed to reduce re20 cidivism and deter future crimes or delinquent acts

21 by juvenile offenders;

22 ‘‘(3) to provide funding to enable juvenile courts

23 and juvenile probation officers to address drug, gang,

24 and youth violence problems more effectively; and

25 ‘‘(4) to provide funds to—
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1 ‘‘(A) effectively supervise and monitor juve2 nile offenders sentenced to probation or parole;

3 and

4 ‘‘(B) enforce conditions of probation and

5 parole imposed on juvenile offenders, including

6 drug testing and payment of restitution.

7 ‘‘(c) APPLICATION.—

8 ‘‘(1) IN GENERAL.—Each State or unit of local

9 government that applies for a grant under this section

10 shall submit an application to the Attorney General,

11 in such form and containing such information as the

12 Attorney General may reasonably require.

13 ‘‘(2) REQUIREMENTS.—In submitting an appli14 cation for a grant under this part, a State or unit

15 of local government shall provide assurances that the

16 State or unit of local government will—

17 ‘‘(A) give priority to the prosecution of vio18 lent juvenile offenders;

19 ‘‘(B) seek to reduce any backlogs in juvenile

20 justice cases and provide additional services to

21 make more effective systems of graduated sanc22 tions designed to reduce recidivism and deter fu23 ture crimes or delinquent acts by juvenile offend24 ers;
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1 ‘‘(C) give adequate consideration to the

2 rights and needs of victims of juvenile offenders;

3 and

4 ‘‘(D) use amounts received under this sec5 tion to supplement (and not supplant) State and

6 local resources.

7 ‘‘(d) ALLOCATION OF GRANTS.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) ALLOCATION TO STATES.—

10 ‘‘(i) IN GENERAL.—In awarding

11 grants under this part, the Attorney Gen12 eral may award grants provided for a State

13 (including units of local government in that

14 State) an aggregate amount equal to 0.75

15 percent of the amount made available to the

16 Attorney General by appropriations for this

17 section made pursuant to section 291(b)(1)

18 of the Juvenile Justice and Delinquency

19 Prevention Act of 1974 (reduced by

20 amounts reserved under subsection (e)).

21 ‘‘(ii) ADJUSTMENT.—If the Attorney

22 General determines that an insufficient

23 number of applications have been submitted

24 for a State, the Attorney General may ad-
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1 just the aggregate amount awarded for a

2 State under clause (i).

3 ‘‘(B) REMAINING AMOUNTS.—Of the ad4 justed amounts available to the Attorney General

5 to carry out the grant program under this sec6 tion referred to in subparagraph (A) that remain

7 after the Attorney General distributes the

8 amounts specified in that subparagraph (referred

9 to in this subparagraph as the ‘remaining

10 amount’) the Attorney General may award an

11 additional aggregate amount to each State (in12 cluding any political subdivision thereof) that

13 (or with respect to which a political subdivision

14 thereof) submits an application that is approved

15 by the Attorney General under this section that

16 bears the same ratio to the remaining amount as

17 the population of juveniles residing in that State

18 bears to the population of juveniles residing in

19 all States.

20 ‘‘(2) EQUITABLE DISTRIBUTION.—The Attorney

21 General shall ensure that the distribution of grant

22 amounts made available for a State (including units

23 of local government in that State) under this section

24 is made on an equitable geographic basis, to ensure

25 that—
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1 ‘‘(A) an equitable amount of available funds

2 are directed to rural areas, including those juris3 dictions serving smaller urban and rural com4 munities located along interstate transportation

5 routes that are adversely affected by interstate

6 criminal gang activity, such as illegal drug traf7 ficking; and

8 ‘‘(B) the amount allocated to a State is eq9 uitably divided between the State, counties, and

10 other units of local government to reflect the rel11 ative responsibilities of each such unit of local

12 government.

13 ‘‘(e) ADMINISTRATION; TECHNICAL ASSISTANCE.—

14 ‘‘(1) IN GENERAL.—The Attorney General may

15 reserve for each fiscal year not more than 2 percent

16 of amounts appropriated for this section pursuant to

17 section 291(b)(1) of the Juvenile Justice and Delin18 quency Prevention Act of 1974—

19 ‘‘(A) for the administration of this section;

20 and

21 ‘‘(B) for the provision of technical assist22 ance to recipients of or applicants for grant

23 awards under this section.

24 ‘‘(2) CARRYOVER PROVISION.—Any amounts re25 served for any fiscal year pursuant to paragraph (1)
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1 that are not expended during that fiscal year shall re2 main available until expended, except that any

3 amount reserved under this subsection for the suc4 ceeding fiscal year from amounts made available by

5 appropriations shall be reduced by an amount equal

6 to the amount that remains available.

7 ‘‘(f) AVAILABILITY OF FUNDS.—Any grant amounts

8 awarded under this section shall remain available until ex9 pended.’’.

10 SEC. 322. PILOT PROGRAM TO PROMOTE REPLICATION OF

11 RECENT SUCCESSFUL JUVENILE CRIME RE12 DUCTION STRATEGIES.

13 (a) PILOT PROGRAM TO PROMOTE REPLICATION OF

14 RECENT SUCCESSFUL JUVENILE CRIME REDUCTION

15 STRATEGIES.—

16 (1) ESTABLISHMENT.—The Attorney General (or

17 a designee of the Attorney General), in conjunction

18 with the Secretary of the Treasury (or the designee of

19 the Secretary), shall establish a pilot program (re20 ferred to in this section as the ‘‘program’’) to encour21 age and support communities that adopt a com22 prehensive approach to suppressing and preventing

23 violent juvenile crime patterned after successful State

24 juvenile crime reduction strategies.
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1 (2) PROGRAM.—In carrying out the program,

2 the Attorney General shall—

3 (A) make and track grants to grant recipi4 ents (referred to in this section as ‘‘coalitions’’);

5 (B) in conjunction with the Secretary of the

6 Treasury, provide for technical assistance and

7 training, data collection, and dissemination of

8 relevant information; and

9 (C) provide for the general administration

10 of the program.

11 (3) ADMINISTRATION.—Not later than 30 days

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

13 General shall appoint or designate an Administrator

14 (referred to in this section as the ‘‘Administrator’’) to

15 carry out the program.

16 (4) PROGRAM AUTHORIZATION.—To be eligible to

17 receive an initial grant or a renewal grant under this

18 section, a coalition shall meet each of the following

19 criteria:

20 (A) COMPOSITION.—The coalition shall con21 sist of 1 or more representatives of—

22 (i) the local police department or sher23 iff’s department;

24 (ii) the local prosecutors’ office;
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1 (iii) the United States Attorney’s of2 fice;

3 (iv) the Federal Bureau of Investiga4 tion;

5 (v) the Bureau of Alcohol, Tobacco and

6 Firearms;

7 (vi) State or local probation officers;

8 (vii) religious affiliated or fraternal

9 organizations involved in crime prevention;

10 (viii) schools;

11 (ix) parents or local grass roots organi12 zations such as neighborhood watch groups;

13 (x) local recreation agencies; and

14 (xi) social service agencies involved in

15 crime prevention.

16 (B) OTHER PARTICIPANTS.—If possible, in

17 addition to the representatives from the cat18 egories listed in subparagraph (A), the coalition

19 shall include—

20 (i) representatives from the business

21 community; and

22 (ii) researchers who have studied

23 criminal justice and can offer technical or

24 other assistance.
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1 (C) COORDINATED STRATEGY.—A coalition

2 shall submit to the Attorney General, or the At3 torney General’s designee, a comprehensive plan

4 for reducing violent juvenile crime. To be eligible

5 for consideration, a plan shall—

6 (i) ensure close collaboration among all

7 members of the coalition in suppressing and

8 preventing juvenile crime;

9 (ii) place heavy emphasis on coordi10 nated enforcement initiatives, such as Fed11 eral and State programs that coordinate

12 local police departments, prosecutors, and

13 local community leaders to focus on the sup14 pression of violent juvenile crime involving

15 gangs;

16 (iii) ensure that there is close collabo17 ration between police and probation officers

18 in the supervision of juvenile offenders, such

19 as initiatives that coordinate the efforts of

20 parents, school officials, and police and pro21 bation officers to patrol the streets and

22 make home visits to ensure that offenders

23 comply with the terms of their probation;

24 (iv) ensure that a program is in place

25 to trace all firearms seized from crime
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1 scenes or offenders in an effort to identify

2 illegal gun traffickers; and

3 (v) ensure that effective crime preven4 tion programs are in place, such as pro5 grams that provide after-school safe havens

6 and other opportunities for at-risk youth to

7 escape or avoid gang or other criminal ac8 tivity, and to reduce recidivism.

9 (D) ACCOUNTABILITY.—A coalition shall—

10 (i) establish a system to measure and

11 report outcomes consistent with common in12 dicators and evaluation protocols estab13 lished by the Administrator and that re14 ceives the approval of the Administrator;

15 and

16 (ii) devise a detailed model for meas17 uring and evaluating the success of the plan

18 of the coalition in reducing violent juvenile

19 crime, and provide assurances that the plan

20 will be evaluated on a regular basis to as21 sess progress in reducing violent juvenile

22 crime.

23 (5) GRANT AMOUNTS.—

24 (A) IN GENERAL.—The Administrator may

25 grant to an eligible coalition under this para-
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1 graph, an amount not to exceed the amount of

2 non-Federal funds raised by the coalition, in3 cluding in-kind contributions, for that fiscal

4 year.

5 (B) NONSUPPLANTING REQUIREMENT.—A

6 coalition seeking funds shall provide reasonable

7 assurances that funds made available under this

8 program to States or units of local government

9 shall be so used as to supplement and increase

10 (but not supplant) the level of the State, local,

11 and other non-Federal funds that would in the

12 absence of such Federal funds be made available

13 for programs described in this section, and shall

14 in no event replace such State, local, or other

15 non-Federal funds.

16 (C) SUSPENSION OF GRANTS.—If a coali17 tion fails to continue to meet the criteria set

18 forth in this section, the Administrator may sus19 pend the grant, after providing written notice to

20 the grant recipient and an opportunity to ap21 peal.

22 (D) RENEWAL GRANTS.—Subject to sub23 paragraph (D), the Administrator may award a

24 renewal grant to grant recipient under this sub25 paragraph for each fiscal year following the fis-
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1 cal year for which an initial grant is awarded,

2 in an amount not to exceed the amount of non3 Federal funds raised by the coalition, including

4 in-kind contributions, for that fiscal year, dur5 ing the 4-year period following the period of the

6 initial grant.

7 (E) LIMITATION.—The amount of a grant

8 award under this section may not exceed

9 $300,000 for a fiscal year.

10 (6) PERMITTED USE OF FUNDS.—A coalition re11 ceiving funds under this section may expend such

12 Federal funds on any use or program that is con13 tained in the plan submitted to the Administrator.

14 (7) CONGRESSIONAL CONSULTATION.—

15 (A) IN GENERAL.—Two years after the date

16 of implementation of the program established in

17 this section, the Comptroller General of the

18 United States shall submit to Congress a report

19 reviewing the effectiveness of the program in sup20 pressing and reducing violent juvenile crime in

21 the participating communities.

22 (B) CONTENTS OF REPORT.—The report

23 submitted under subparagraph (A) shall

24 include—
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1 (i) an analysis of each community

2 participating in the program, along with

3 information regarding the plan undertaken

4 in the community, and the effectiveness of

5 the plan in reducing violent juvenile crime;

6 and

7 (ii) recommendations regarding the ef8 ficacy of continuing the program.

9 (b) INFORMATION COLLECTION AND DISSEMINATION

10 WITH RESPECT TO COALITIONS.—

11 (1) COALITION INFORMATION.—For the purpose

12 of audit and examination, the Attorney General—

13 (A) shall have access to any books, docu14 ments, papers, and records that are pertinent to

15 any grant or grant renewal request under this

16 section; and

17 (B) may periodically request information

18 from a coalition to ensure that the coalition

19 meets the applicable criteria.

20 (2) REPORTING.—The Attorney General shall, to

21 the maximum extent practicable and in a manner

22 consistent with applicable law, minimize reporting

23 requirements by a coalition and expedite any appli24 cation for a renewal grant made under this section.

25 (c) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section $3,000,000 for

3 each of fiscal years 2000 through 2003.

4 (2) SOURCE OF SUMS.—Amounts authorized to

5 be appropriated pursuant to this subsection may be

6 derived from the Violent Crime Reduction Trust

7 Fund.

8 SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE

9 PROGRAMS.

10 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE11 MENT ACT OF 1994.—

12 (1) TITLE III.—Title III of the Violent Crime

13 Control and Law Enforcement Act of 1994 (42 U.S.C.

14 13741 et seq.) is amended by striking subtitles A

15 through C, and subtitles G through S.

16 (2) TITLE XXVII.—Title XXVII of the Violent

17 Crime Control and Law Enforcement Act of 1994 (42

18 U.S.C. 14191 et seq.) is repealed.

19 (b) REFORM OF GREAT PROGRAM.—Section 32401(a)

20 of the Violent Crime Control and Law Enforcement Act of

21 1994 (42 U.S.C. 13921(a)) is amended—

22 (1) by striking paragraph (2) and inserting the

23 following:

24 ‘‘(2) SELECTION OF COMMUNITIES.—
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1 ‘‘(A) IN GENERAL.—Each community iden2 tified for a GREAT project referred to in para3 graph (1) shall be selected by the Secretary of the

4 Treasury on the basis of—

5 ‘‘(i) the level of gang activity and

6 youth violence in the area in which the

7 community is located;

8 ‘‘(ii) the number of schools in the com9 munity in which training would be pro10 vided under the project;

11 ‘‘(iii) the number of students who

12 would receive the training referred to in

13 clause (ii) in schools referred to in that

14 clause; and

15 ‘‘(iv) a written description from offi16 cials of the community explaining the man17 ner in which funds made available to the

18 community under this section would be allo19 cated.

20 ‘‘(B) EQUITABLE SELECTION.—The Sec21 retary of the Treasury shall ensure that—

22 ‘‘(i) communities are identified and se23 lected for GREAT projects under this sub24 section on an equitable geographic basis (ex25 cept that this clause shall not be construed
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1 to require the termination of any projects

2 selected prior to the beginning of fiscal year

3 1999); and

4 ‘‘(ii) the communities referred to in

5 clause (i) include rural communities.’’; and

6 (2) in paragraph (3)—

7 (A) in subparagraph (A), by striking ‘‘50

8 percent’’ and inserting ‘‘85 percent’’; and

9 (B) in subparagraph (B), by striking ‘‘50

10 percent’’ and inserting ‘‘15 percent’’.

11 SEC. 324. EXTENSION OF VIOLENT CRIME REDUCTION

12 TRUST FUND.

13 (a) IN GENERAL.—Section 310001(b) of the Violent

14 Crime Control and Law Enforcement Act of 1994 (42

15 U.S.C. 14211) is amended by striking paragraphs (1)

16 through (5) and inserting the following:

17 ‘‘(1) for fiscal year 2001, $6,025,000,000;

18 ‘‘(2) for fiscal year 2002, $6,169,000,000;

19 ‘‘(3) for fiscal year 2003, $6,316,000,000;

20 ‘‘(4) for fiscal year 2004, $6,458,000,000; and

21 ‘‘(5) for fiscal year 2005, $6,616,000,000.’’.

22 (b) DISCRETIONARY LIMITS.—Title XXXI of the Vio23 lent Crime Control and Law Enforcement Act of 1994 (42

24 U.S.C. 14211 et seq.) is amended by inserting after section

25 310001 the following:
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1 ‘‘SEC. 310002. DISCRETIONARY LIMITS.

2 ‘‘For the purposes of allocations made for the discre3 tionary category pursuant to section 302(a) of the Congres4 sional Budget Act of 1974 (2 U.S.C. 633(a)), the term ‘dis5 cretionary spending limit’ means—

6 ‘‘(1) with respect to fiscal year 2001—

7 ‘‘(A) for the discretionary category,

8 amounts of budget authority and outlays nec9 essary to adjust the discretionary spending lim10 its to reflect the changes in subparagraph (B) as

11 determined by the Chairman of the Budget Com12 mittee; and

13 ‘‘(B) for the violent crime reduction cat14 egory: $6,025,000,000 in new budget authority

15 and $5,718,000,000 in outlays;

16 ‘‘(2) with respect to fiscal year 2002—

17 ‘‘(A) for the discretionary category,

18 amounts of budget authority and outlays nec19 essary to adjust the discretionary spending lim20 its to reflect the changes in subparagraph (B) as

21 determined by the Chairman of the Budget Com22 mittee; and

23 ‘‘(B) for the violent crime reduction cat24 egory: $6,169,000,000 in new budget authority

25 and $6,020,000,000 in outlays; and

26 ‘‘(3) with respect to fiscal year 2003—
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1 ‘‘(A) for the discretionary category,

2 amounts of budget authority and outlays nec3 essary to adjust the discretionary spending lim4 its to reflect the changes in subparagraph (B) as

5 determined by the Chairman of the Budget Com6 mittee; and

7 ‘‘(B) for the violent crime reduction cat8 egory: $6,316,000,000 in new budget authority

9 and $6,161,000,000 in outlays;

10 ‘‘(4) with respect to fiscal year 2004—

11 ‘‘(A) for the discretionary category,

12 amounts of budget authority and outlays nec13 essary to adjust the discretionary spending lim14 its to reflect the changes in subparagraph (B) as

15 determined by the Chairman of the Budget Com16 mittee; and

17 ‘‘(B) for the violent crime reduction cat18 egory: $6,458,000 in new budget authority and

19 $6,303,000,000 in outlays; and

20 ‘‘(5) with respect to fiscal year 2005—

21 ‘‘(A) for the discretionary category,

22 amounts of budget authority and outlays nec23 essary to adjust the discretionary spending lim24 its to reflect the changes in subparagraph (B) as
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1 determined by the Chairman of the Budget Com2 mittee; and

3 ‘‘(B) for the violent crime reduction cat4 egory: $6,616,000 in new budget authority and

5 $6,452,000,000 in outlays;

6 as adjusted in accordance with section 251(b) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985

8 (2 U.S.C. 901(b)) and section 314 of the Congressional

9 Budget Act of 1974.’’.

10 SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF IN11 CARCERATING JUVENILE ALIENS.

12 (a) IN GENERAL.—Section 501 of the Immigration Re13 form and Control Act of 1986 (8 U.S.C. 1365) is

14 amended—

15 (1) in subsection (a), by inserting ‘‘or illegal ju16 venile alien who has been adjudicated delinquent and

17 committed to a juvenile correctional facility by such

18 State or locality’’ before the period;

19 (2) in subsection (b), by inserting ‘‘(including

20 any juvenile alien who has been adjudicated delin21 quent and has been committed to a correctional facil22 ity)’’ before ‘‘who is in the United States unlawfully’’;

23 and

24 (3) by adding at the end the following:
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1 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section, the

2 term ‘juvenile alien’ means an alien (as defined in section

3 101(a)(3) of the Immigration and Nationality Act) who has

4 been adjudicated delinquent and committed to a correc5 tional facility by a State or locality as a juvenile offender.’’.

6 (b) ANNUAL REPORT.—Section 332 of the Illegal Im7 migration Reform and Immigrant Responsibility Act of

8 1996 (8 U.S.C. 1366) is amended—

9 (1) by striking ‘‘and’’ at the end of paragraph

10 (3);

11 (2) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and

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

14 ‘‘(5) the number of illegal juvenile aliens that are

15 committed to State or local juvenile correctional fa16 cilities, including the type of offense committed by

17 each juvenile.’’.

18 (c) CONFORMING AMENDMENT.—Section 241(i)(3)(B)

19 of the Immigration and Nationality Act (8 U.S.C.

20 1231(i)(3)(B)) is amended—

21 (1) by striking ‘‘or’’ at the end of clause (ii);

22 (2) by striking the period at the end of clause

23 (iii) and inserting ‘‘; or’’; and

24 (3) by adding at the end the following:
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1 ‘‘(iv) is a juvenile alien with respect to

2 whom section 501 of the Immigration Re3 form and Control Act of 1986 applies.’’.

4 Subtitle C—Alternative Education

5 and Delinquency Prevention

6 SEC. 331. ALTERNATIVE EDUCATION.

7 Part D of title I of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amended

9 by adding at the end the following:

10 ‘‘Subpart 4—Alternative Education Demonstration

11 Project Grants

12 ‘‘SEC. 1441. PROGRAM AUTHORITY.

13 ‘‘(a) GRANTS.—

14 ‘‘(1) IN GENERAL.—From amounts appropriated

15 under section 1443, the Secretary, in consultation

16 with the Administrator, shall make grants to State

17 educational agencies or local educational agencies for

18 not less than 10 demonstration projects that enable

19 the agencies to develop models for and carry out alter20 native education for at-risk youth.

21 ‘‘(2) CONSTRUCTION.—Nothing in this subpart

22 shall be construed to affect the requirements of the In23 dividuals with Disabilities Education Act.

24 ‘‘(b) DEMONSTRATION PROJECTS.—
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1 ‘‘(1) PARTNERSHIPS.—Each agency receiving a

2 grant under this subpart may enter into a partner3 ship with a private sector entity to provide alter4 native educational services to at-risk youth.

5 ‘‘(2) REQUIREMENTS.—Each demonstration

6 project assisted under this subpart shall—

7 ‘‘(A) accept for alternative education at-risk

8 or delinquent youth who are referred by a local

9 school or by a court with a juvenile delinquency

10 docket and who—

11 ‘‘(i) have demonstrated a pattern of se12 rious and persistent behavior problems in

13 regular schools;

14 ‘‘(ii) are at risk of dropping out of

15 school;

16 ‘‘(iii) have been convicted of a criminal

17 offense or adjudicated delinquent for an act

18 of juvenile delinquency, and are under a

19 court’s supervision; or

20 ‘‘(iv) have demonstrated that continued

21 enrollment in a regular classroom—

22 ‘‘(I) poses a physical threat to

23 other students; or

24 ‘‘(II) inhibits an atmosphere con25 ducive to learning; and
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1 ‘‘(B) provide for accelerated learning, in a

2 safe, secure, and disciplined environment,

3 including—

4 ‘‘(i) basic curriculum focused on mas5 tery of essential skills, including targeted

6 instruction in basic skills required for sec7 ondary school graduation; and

8 ‘‘(ii) emphasis on—

9 ‘‘(I) personal, academic, social,

10 and workplace skills; and

11 ‘‘(II) behavior modification.

12 ‘‘(c) APPLICABILITY.—Except as provided in sub13 sections (c) and (e) of section 1442, the provisions of section

14 1401(c), 1402, and 1431, and subparts 1 and 2, shall not

15 apply to this subpart.

16 ‘‘(d) DEFINITION OF ADMINISTRATOR.—In this sub17 part, the term ‘Administrator’ means the Administrator of

18 the Office of Juvenile Crime Control and Prevention of the

19 Department of Justice.

20 ‘‘SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

21 ‘‘(a) APPLICATIONS.—Each State educational agency

22 and local educational agency seeking a grant under this

23 subpart shall submit an application in such form, and con24 taining such information, as the Secretary, in consultation

25 with the Administrator, may reasonably require.
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1 ‘‘(b) SELECTION OF GRANTEES.—

2 ‘‘(1) IN GENERAL.—The Secretary shall select

3 State educational agencies and local educational

4 agencies to receive grants under this subpart on an

5 equitable geographic basis, including selecting agen6 cies that serve urban, suburban, and rural popu7 lations.

8 ‘‘(2) MINIMUM.—The Secretary shall award a

9 grant under this subpart to not less than 1 agency

10 serving a population with a significant percentage of

11 Native Americans.

12 ‘‘(3) PRIORITY.—In awarding grants under this

13 subpart, the Secretary may give priority to State edu14 cational agencies and local educational agencies that

15 demonstrate in the application submitted under sub16 section (a) that the State has a policy of equitably

17 distributing resources among school districts in the

18 State.

19 ‘‘(c) QUALIFICATIONS.—To qualify for a grant under

20 this subpart, a State educational agency or local edu21 cational agency shall—

22 ‘‘(1) in the case of a State educational agency,

23 have submitted a State plan under section 1414(a)

24 that is approved by the Secretary;
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1 ‘‘(2) in the case of a local educational agency,

2 have submitted an application under section 1423

3 that is approved by the State educational agency;

4 ‘‘(3) certify that the agency will comply with the

5 restrictions of section 292 of the Juvenile Justice and

6 Delinquency Prevention Act of 1974;

7 ‘‘(4) explain the educational and juvenile justice

8 needs of the community to be addressed by the dem9 onstration project;

10 ‘‘(5) provide a detailed plan to implement the

11 demonstration project; and

12 ‘‘(6) provide assurances and an explanation of

13 the agency’s ability to continue the program funded

14 by the demonstration project after the termination of

15 Federal funding under this subpart.

16 ‘‘(d) MATCHING REQUIREMENT.—

17 ‘‘(1) IN GENERAL.—Grant funds provided under

18 this subpart shall not constitute more than 35 percent

19 of the cost of the demonstration project funded.

20 ‘‘(2) SOURCE OF FUNDS.—Matching funds for

21 grants under this subpart may be derived from

22 amounts available under section 205, or part B of

23 title II, of the Juvenile Justice and Delinquency Pre24 vention Act of 1974 (42 U.S.C. 5611 et seq.) to the

25 State in which the demonstration project will be car-
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1 ried out, except that the total share of funds derived

2 from Federal sources shall not exceed 50 percent of the

3 cost of the demonstration project.

4 ‘‘(e) PROGRAM EVALUATION.—

5 ‘‘(1) IN GENERAL.—Each State educational

6 agency or local educational agency that receives a

7 grant under this subpart shall evaluate the dem8 onstration project assisted under this subpart in the

9 same manner as programs are evaluated under sec10 tion 1431. In addition, the evaluation shall include—

11 ‘‘(A) an evaluation of the effect of the alter12 native education project on order, discipline, and

13 an effective learning environment in regular

14 classrooms;

15 ‘‘(B) an evaluation of the project’s effective16 ness in improving the skills and abilities of at17 risk students assigned to alternative education,

18 including an analysis of the academic and social

19 progress of such students; and

20 ‘‘(C) an evaluation of the project’s effective21 ness in reducing juvenile crime and delinquency,

22 including—

23 ‘‘(i) reductions in incidents of campus

24 crime in relevant school districts, compared
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1 with school districts not included in the

2 project; and

3 ‘‘(ii) reductions in recidivism by at4 risk students who have juvenile justice sys5 tem involvement and are assigned to alter6 native education.

7 ‘‘(2) EVALUATION BY THE SECRETARY.—The

8 Secretary, in cooperation with the Administrator,

9 shall comparatively evaluate each of the demonstra10 tion projects funded under this subpart, including an

11 evaluation of the effectiveness of private sector edu12 cational services, and shall report the findings of the

13 evaluation to the Committee on Education and the

14 Workforce of the House of Representatives and the

15 Committees on the Judiciary and Health, Education,

16 Labor and Pensions of the Senate not later than June

17 30, 2005.

18 ‘‘SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated to carry out

20 this subpart $15,000,000 for each of fiscal years 2000, 2001,

21 2002, and 2003.’’.
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1 Subtitle D—Parenting as

2 Prevention

3 SEC. 341. SHORT TITLE.

4 This subtitle shall be cited as the ‘‘Parenting as Pre5 vention Act’’.

6 SEC. 342. ESTABLISHMENT OF PROGRAM.

7 The Secretary of Health and Human Services, in con8 sultation with the Attorney General, the Secretary of Edu9 cation, the Secretary of Housing and Urban Development,

10 the Secretary of Labor, the Secretary of Agriculture, and

11 the Secretary of Defense shall establish a parenting support

12 and education program as provided in sections 343, 344,

13 and 345.

14 SEC. 343. NATIONAL PARENTING SUPPORT AND EDUCATION

15 COMMISSION.

16 (a) ESTABLISH COMMISSION.—The Secretary of

17 Health and Human Services shall establish a National Par18 enting Support and Education Commission (hereinafter re19 ferred to as the ‘‘Commission’’) to identify the best practices

20 for parenting and to provide practical parenting advice for

21 parents and caregivers based on the best available research

22 data. She shall provide the Commission with necessary staff

23 and other resources to fulfill its duties.

24 (b) MEMBERSHIP OF COMMISSION.—The Secretary

25 shall appoint the Commission after consultation with the
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1 cabinet members identified in section 342. The Commission

2 shall consist of the following members—

3 (1) an adolescent representative;

4 (2) a parent representative;

5 (3) an expert in brain research;

6 (4) experts in child development, youth develop7 ment, early childhood education, primary education,

8 and secondary education;

9 (5) an expert in children’s mental health;

10 (6) an expert on children’s health and nutrition;

11 (7) an expert on child abuse prevention, diag12 nosis, and treatment;

13 (8) a representative of parenting support pro14 grams;

15 (9) a representative of parenting education;

16 (10) a representative from law enforcement;

17 (11) an expert on firearm safety programs;

18 (12) a representative from a nonprofit organiza19 tion that delivers services to children and their fami20 lies which may include a faith based organization;

21 and

22 (13) such other representatives as the Secretary

23 deems necessary.

24 (c) DUTIES OF COMMISSION.—The Commission

25 shall—
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1 (1) identify best parenting practices for parents

2 and caregivers of young children on topics including

3 but not limited to brain stimulation, developing

4 healthy attachments and social relationships, anger

5 management and conflict resolution, character devel6 opment, discipline, controlling access to television and

7 other entertainment including computers, firearms

8 safety, mental health, health care and nutrition in9 cluding breastfeeding, encouraging reading and life10 long learning habits, and recognition and treatment

11 of developmental and behavioral problems;

12 (2) identify best parenting practices of adoles13 cents and pre-adolescents on topics including but not

14 limited to methods of addressing peer pressure with

15 respect to underage drinking, sexual relations, illegal

16 drug use, and other negative behavior; developing

17 healthy social and family relationships; exercising

18 discipline; controlling access to television and other

19 entertainment including computers, video games, and

20 movies; firearm safety; encouraging success in school;

21 and other issues of concern to parents of adolescents;

22 (3) identify best parenting practices and re23 sources available for parents and caregivers of chil24 dren with special needs including fetal alcohol syn25 drome, fetal alcohol effect, mental illness, autism, re-
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1 tardation, learning disabilities, behavioral disorders,

2 chronic illness, and physical disabilities; and

3 (4) review existing parenting support and edu4 cation programs and the data evaluating them and

5 make recommendations to the Secretary and the Con6 gress on which are most effective and should receive

7 Federal support within 18 months of appointment.

8 (d) PUBLIC HEARINGS AND TESTIMONY.—The Com9 mission shall conduct four public hearings, shall solicit and

10 receive testimony from national experts and national orga11 nizations, shall conduct a comprehensive review of academic

12 and other research literature, and shall seek information

13 from the Governors on existing brain development and par14 enting programs which have been most successful.

15 (e) PUBLICATION OF MATERIALS.—If not otherwise

16 available, the Commission shall prepare materials which

17 may include written material, videotapes, CD’s, and other

18 audio and visual material on best parenting practices and

19 shall make them available for distribution to parents, care20 givers, and others through State and local government pro21 grams, hospitals, maternity centers, and other health care

22 providers, adoption agencies, schools, public housing units,

23 child care centers, and social service providers. If such ma24 terials are already available, the Commission may print,

25 reproduce, and distribute such materials.
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1 (f) REPORTING REQUIREMENT.—The Commission

2 shall prepare and submit a report of its findings and rec3 ommendations to the Secretary and the Congress no later

4 than 18 months after appointment.

5 (g) AUTHORIZATION OF FUNDS.—There is authorized

6 to be appropriated in fiscal year 2000 such sums as may

7 be necessary to support the work of the Commission and

8 to produce and distribute the materials described in sub9 section (e). Such sum shall remain available until ex10 pended. Any fund appropriated pursuant to this section

11 shall remain available until expended.

12 SEC. 344. STATE AND LOCAL PARENTING SUPPORT AND

13 EDUCATION GRANT PROGRAM.

14 (a) STATE ALLOTMENTS.—The Secretary shall make

15 allotments to eligible States to support parenting support

16 and training programs. Each State shall receive an amount

17 that bears the same relationship to the amount appro18 priated as the total number of children in the State bears

19 to the total number of children in all States, but no State

20 shall receive less than one-half of one percent of the state

21 allocation. From the amounts provided to each State with

22 Indian or Alaska Native populations exceeding two percent

23 of its total statewide population, the Governor shall set

24 aside two percent for Indian tribes as that term is defined

25 in section 4(e) of the Indian Self-Determination and Edu-
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1 cation Assistance Act (P.L. 93–638, as amended; 25 U.S.C.

2 450b(e)) which shall be distributed based on the percentage

3 of Indian children in each tribe except that with respect

4 to Alaska, the funds shall be distributed to the nonprofit

5 entities described in section 419(4)(B) of the Social Secu6 rity Act pursuant to section 103 of Public Law 104–193

7 (110 Stat. 2159, 2160; 42 U.S.C. 619(4)(B)) which shall

8 be allocated based on the percentage of Alaska Native chil9 dren in each region.

10 (b) STATE PARENTING SUPPORT AND EDUCATION

11 COUNCIL.—To be eligible to receive Federal funding, the

12 Governor of each State shall appoint a State Parenting

13 Support and Education Council (hereinafter referred to as

14 the ‘‘Council’’) which shall include parent representatives,

15 representatives of the State government, bipartisan rep16 resentation from the State legislature, representatives from

17 local communities, and interested children’s organizations,

18 except that the Governor may designate an existing entity

19 that includes such groups. The Council shall conduct a

20 needs and resources assessment of parenting support and

21 education programs in the State to determine where pro22 grams are lacking or inadequate and identify what addi23 tional programs are needed and which programs require

24 additional resources. It shall consider the findings and rec25 ommendations of the Parenting Commission in making
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1 those determinations. Upon completion of the assessment,

2 the Council may consider grant applications from the State

3 to provide statewide programs, from local communities in4 cluding schools, and from nonprofit service providers in5 cluding faith based organizations.

6 (c) GRANTS.—Grants may be made for:

7 (1) Parenting support to promote early brain de8 velopment and childhood development and education

9 including—

10 (A) assistance to schools to offer classroom

11 instruction on brain stimulation, child develop12 ment, and early childhood education;

13 (B) distribution of materials developed by

14 the Commission or another entity that reflect

15 best parenting practices;

16 (C) development and distribution of referral

17 information on programs and services available

18 to children and families at the local level, includ19 ing eligibility criteria;

20 (D) voluntary hospital visits for

21 postpartum women and in-home visits for fami22 lies with infants, toddlers, or newly adopted chil23 dren to provide hands-on training and one-on24 one instruction on brain stimulation, child de25 velopment, and early childhood education;
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1 (E) parenting education programs includ2 ing training with respect to the best parenting

3 practices identified in subsection (c).

4 (2) Parenting support for adolescents and youth

5 including funds for services and support for parents

6 and other caregivers of young people being served by

7 a range of education, social service, mental health,

8 health, runaway and homeless youth programs. Pro9 grams may include the Boys and Girls Club, YMCA

10 and YWCA, after school programs, 4–H programs, or

11 other community based organizations. Eligible activi12 ties may include parent-caregiver support groups,

13 peer support groups, parent education classes, semi14 nars or discussion groups on problems facing adoles15 cents, advocates and mentors to help parents under16 stand and work with schools, the courts, and various

17 treatment programs.

18 (3) Parenting support and education resource

19 centers including—

20 (A) development of parenting resource cen21 ters which may serve as a single point of contact

22 for the provision of comprehensive services avail23 able to children and their families including

24 Federal, State, and local governmental and non25 profit services available to children. Such serv-
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1 ices may include child care, respite care, pedi2 atric care, child abuse prevention programs, nu3 trition programs, parent training, infant and

4 child CPR and safety training programs, care5 giver training and education, and other related

6 programs;

7 (B) a national toll free anonymous parent

8 hotline with 24 hour a day consultation and ad9 vice including referral to local community based

10 services;

11 (C) respite care for parents with children

12 with special needs, single mothers, and at-risk

13 youth.

14 (d) REPORTING.—Each entity that receives a grant

15 under this section shall submit a report every 2 years to

16 the Council describing the program it has developed, the

17 number of parents and children served, and the success of

18 the program using specific performance measures.

19 (e) ADMINISTRATIVE COSTS.—Not more than 5 percent

20 of the amounts received by a State may be used to pay for

21 the administrative expenses of the Council in implementing

22 the grant program.

23 (f) SUPPLEMENT NOT SUPPLANT.—Funds appro24 priated pursuant to this section shall be used to supplement

25 and not supplant other Federal, State, and local public
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1 funds expended for parenting support and education pro2 grams.

3 (g) AUTHORIZATION OF FUNDS.—There is authorized

4 to be appropriated such sums as are necessary for fiscal

5 year 2000 and subsequent fiscal years.

6 SEC. 345. GRANTS TO ADDRESS THE PROBLEM OF VIO7 LENCE RELATED STRESS TO PARENTS AND

8 CHILDREN.

9 (a) FINDINGS.—The Congress finds that a child’s

10 brain is wired between the ages of 0–3. A child’s ability

11 to learn, develop healthy family and social relationships,

12 resist peer pressure, and control violent impulses depends

13 on the quality and quantity of brain stimulation he re14 ceives. Research shows that children exposed to negative

15 brain stimulation in the form of physical and sexual abuse

16 and violence in the family or community causes the brain

17 to be miswired making it difficult for the child to be success18 ful in life. Intervention early in a child’s life to correct the

19 miswiring is much more successful than adult rehabilita20 tion efforts.

21 (b) IN GENERAL.—The Secretary shall award grants,

22 enter into contracts or cooperative agreements to public and

23 nonprofit private entities, as well as to Indian tribes, Na24 tive Hawaiians, and Alaska Native nonprofit corporations

25 to establish national and regional centers of excellence on
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1 psychological trauma response and to identify the best prac2 tices for treating psychiatric and behavioral disorders re3 sulting from children witnessing or experiencing such stress.

4 (c) PRIORITIES.—In awarding grants, contracts or co5 operative agreements under subsection (a) related to the

6 identifying best practices for treating disorders associated

7 with psychological trauma, the Secretary shall give priority

8 to programs that work with children, adolescents, adults,

9 and families who are survivors and witnesses of child abuse,

10 domestic, school, and community violence, and disasters.

11 (d) GEOGRAPHICAL DISTRIBUTION.—The Secretary

12 shall ensure that grants, contracts, or cooperative agree13 ments under subsection (a) with respect to centers of excel14 lence are distributed equitably among the regions of the

15 country and among urban and rural areas.

16 (e) EVALUATION.—The Secretary shall require that

17 each applicant for a grant, contract or cooperative agree18 ment under subsection (a) submit a plan as part of his ap19 plication for the rigorous evaluation of the activities funded

20 under the grant, contract or agreement, including both

21 process and outcomes evaluation, and the submission of an

22 evaluation at the end of the project period.

23 (f) DURATION OF AWARDS.—With respect to a grant,

24 contract or cooperative agreement under this section, the pe25 riod during which payments under such an award will be
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1 made to the recipient may not be less than 3 years. Such

2 grants, contract or agreement may be renewed.

3 (g) REPORT.—Not later than 1 year after the date of

4 enactment of this section, the General Accounting Office

5 shall prepare and submit to the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate and the Com7 mittee on Commerce of the House of Representatives a re8 port concerning whether individuals are covered for post9 traumatic stress disorders under public and private health

10 plans, and the course of treatment, if any, that is covered.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated such sums as are necessary

13 to carry out this section for fiscal year 2000 and subsequent

14 fiscal years.

15 TITLE IV—VOLUNTARY MEDIA

16 AGREEMENTS FOR CHIL17 DREN’S PROTECTION

18 Subtitle A—Children and the Media

19 SEC. 401. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Children’s Protec21 tion Act of 1999’’.

22 SEC. 402. FINDINGS.

23 Congress makes the following findings:

24 (1) Television is seen and heard in nearly every

25 United States home and is a uniquely pervasive pres-
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1 ence in the daily lives of Americans. The average

2 American home has 2.5 televisions, and a television

3 is turned on in the average American home 7 hours

4 every day.

5 (2) Television plays a particularly significant

6 role in the lives of children. Figures provided by

7 Nielsen Research show that children between the ages

8 of 2 years and 11 years spend an average of 21 hours

9 in front of a television each week.

10 (3) Television has an enormous capability to in11 fluence perceptions, especially those of children, of the

12 values and behaviors that are common and acceptable

13 in society.

14 (4) The influence of television is so great that its

15 images and messages often can be harmful to the de16 velopment of children. Social science research amply

17 documents a strong correlation between the exposure

18 of children to televised violence and a number of be19 havioral and psychological problems.

20 (5) Hundreds of studies have proven conclusively

21 that children who are consistently exposed to violence

22 on television have a higher tendency to exhibit violent

23 and aggressive behavior, both as children and later in

24 life.
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1 (6) Such studies also show that repeated expo2 sure to violent programming causes children to be3 come desensitized to and more accepting of real-life

4 violence and to grow more fearful and less trusting of

5 their surroundings.

6 (7) A growing body of social science research in7 dicates that sexual content on television can also have

8 a significant influence on the attitudes and behaviors

9 of young viewers. This research suggests that heavy

10 exposure to programming with strong sexual content

11 contributes to the early commencement of sexual ac12 tivity among teenagers.

13 (8) Members of the National Association of

14 Broadcasters (NAB) adhered for many years to a

15 comprehensive code of conduct that was based on an

16 understanding of the influence exerted by television

17 and on a widely held sense of responsibility for using

18 that influence carefully.

19 (9) This code of conduct, the Television Code of

20 the National Association of Broadcasters, articulated

21 this sense of responsibility as follows:

22 (A) ‘‘In selecting program subjects and

23 themes, great care must be exercised to be sure

24 that the treatment and presentation are made in

25 good faith and not for the purpose of sensa-
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1 tionalism or to shock or exploit the audience or

2 appeal to prurient interests or morbid curi3 osity.’’.

4 (B) ‘‘Broadcasters have a special responsi5 bility toward children. Programs designed pri6 marily for children should take into account the

7 range of interests and needs of children, from in8 structional and cultural material to a wide vari9 ety of entertainment material. In their totality,

10 programs should contribute to the sound, bal11 anced development of children to help them

12 achieve a sense of the world at large and in13 formed adjustments to their society.’’.

14 (C) ‘‘Violence, physical, or psychological,

15 may only be projected in responsibly handled

16 contexts, not used exploitatively. Programs in17 volving violence present the consequences of it to

18 its victims and perpetrators. Presentation of the

19 details of violence should avoid the excessive, the

20 gratuitous and the instructional.’’.

21 (D) ‘‘The presentation of marriage, family,

22 and similarly important human relationships,

23 and material with sexual connotations, shall not

24 be treated exploitatively or irresponsibly, but

25 with sensitivity.’’.
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1 (E) ‘‘Above and beyond the requirements of

2 the law, broadcasters must consider the family

3 atmosphere in which many of their programs are

4 viewed. There shall be no graphic portrayal of

5 sexual acts by sight or sound. The portrayal of

6 implied sexual acts must be essential to the plot

7 and presented in a responsible and tasteful man8 ner.’’.

9 (10) The National Association of Broadcasters

10 abandoned the code of conduct in 1983 after three

11 provisions of the code restricting the sale of adver12 tising were challenged by the Department of Justice

13 on antitrust grounds and a Federal district court

14 issued a summary judgment against the National As15 sociation of Broadcasters regarding one of the provi16 sions on those grounds. However, none of the pro17 gramming standards of the code were challenged.

18 (11) While the code of conduct was in effect, its

19 programming standards were never found to have vio20 lated any antitrust law.

21 (12) Since the National Association of Broad22 casters abandoned the code of conduct, programming

23 standards on broadcast and cable television have dete24 riorated dramatically.
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1 (13) In the absence of effective programming

2 standards, public concern about the impact of tele3 vision on children, and on society as a whole, has

4 risen substantially. Polls routinely show that more

5 than 80 percent of Americans are worried by the in6 creasingly graphic nature of sex, violence, and vul7 garity on television and by the amount of program8 ming that openly sanctions or glorifies criminal,

9 antisocial, and degrading behavior.

10 (14) At the urging of Congress, the television in11 dustry has taken some steps to respond to public con12 cerns about programming standards and content. The

13 broadcast television industry agreed in 1992 to adopt

14 a set of voluntary guidelines designed to ‘‘proscribe

15 gratuitous or excessive portrayals of violence’’. Short16 ly thereafter, both the broadcast and cable television

17 industries agreed to conduct independent studies of

18 the violent content in their programming and make

19 those reports public.

20 (15) In 1996, the television industry as a whole

21 made a commitment to develop a comprehensive rat22 ing system to label programming that may be harm23 ful or inappropriate for children. That system was

24 implemented at the beginning of 1999.
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1 (16) Despite these efforts to respond to public

2 concern about the impact of television on children,

3 millions of Americans, especially parents with young

4 children, remain angry and frustrated at the sinking

5 standards of television programming, the reluctance

6 of the industry to police itself, and the harmful influ7 ence of television on the well-being of the children and

8 the values of the United States.

9 (17) The Department of Justice issued a ruling

10 in 1993 indicating that additional efforts by the tele11 vision industry to develop and implement voluntary

12 programming guidelines would not violate the anti13 trust laws. The ruling states that ‘‘such activities may

14 be likened to traditional standard setting efforts that

15 do not necessarily restrain competition and may have

16 significant procompetitive benefits . . . . Such guide17 lines could serve to disseminate valuable information

18 on program content to both advertisers and television

19 viewers. Accurate information can enhance the de20 mand for, and increase the output of, an industry’s

21 products or services.’’.

22 (18) The Children’s Television Act of 1990 (Pub23 lic Law 101–437) states that television broadcasters

24 in the United States have a clear obligation to meet

25 the educational and informational needs of children.
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1 (19) Several independent analyses have dem2 onstrated that the television broadcasters in the

3 United States have not fulfilled their obligations

4 under the Children’s Television Act of 1990 and have

5 not noticeably expanded the amount of educational

6 and informational programming directed at young

7 viewers since the enactment of that Act.

8 (20) The popularity of video and personal com9 puter (PC) games is growing steadily among children.

10 Although most popular video and personal computer

11 games are educational or harmless in nature, many

12 of the most popular are extremely violent. One recent

13 study by Strategic Record Research found that 64

14 percent of teenagers played video or personal com15 puter games on a regular basis. Other surveys of chil16 dren as young as elementary school age found that al17 most half of them list violent computer games among

18 their favorites.

19 (21) Violent video games often present violence

20 in a glamorized light. Game players are often cast in

21 the role of shooter, with points scored for each ‘‘kill’’.

22 Similarly, advertising for such games often touts vio23 lent content as a selling point—the more graphic and

24 extreme, the better.
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1 (22) As the popularity and graphic nature of

2 such video games grows, so do their potential to nega3 tively influence impressionable children.

4 (23) Music is another extremely pervasive and

5 popular form of entertainment. American children

6 and teenagers listen to music more than any other de7 mographic group. The Journal of American Medicine

8 reported that between the 7th and 12th grades the av9 erage teenager listens to 10,500 hours of rock or rap

10 music, just slightly less than the entire number of

11 hours spent in the classroom from kindergarten

12 through high school.

13 (24) Teens are among the heaviest purchasers of

14 music, and are most likely to favor music genres that

15 depict, and often appear to glamorize violence.

16 (25) Music has a powerful ability to influence

17 perceptions, attitudes, and emotional state. The use of

18 music as therapy indicates its potential to increase

19 emotional, psychological. and physical health. That

20 influence can be used for ill as well.

21 SEC. 403. PURPOSES; CONSTRUCTION.

22 (a) PURPOSES.—The purposes of this subtitle are to

23 permit the entertainment industry—

24 (1) to work collaboratively to respond to growing

25 public concern about television programming, movies,
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1 video games, Internet content, and music lyrics, and

2 the harmful influence of such programming, movies,

3 games, content, and lyrics on children;

4 (2) to develop a set of voluntary programming

5 guidelines similar to those contained in the Television

6 Code of the National Association of Broadcasters; and

7 (3) to implement the guidelines in a manner

8 that alleviates the negative impact of television pro9 gramming, movies, video games, Internet content, and

10 music lyrics on the development of children in the

11 United States and stimulates the development and

12 broadcast of educational and informational program13 ming for such children.

14 (b) CONSTRUCTION.—This subtitle may not be con15 strued as—

16 (1) providing the Federal Government with any

17 authority to restrict television programming, movies,

18 video games, Internet content, or music lyrics that is

19 in addition to the authority to restrict such program20 ming, movies, games, content, or lyrics under law as

21 of the date of the enactment of this Act; or

22 (2) approving any action of the Federal Govern23 ment to restrict such programming, movies, games,

24 content, or lyrics that is in addition to any actions
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1 undertaken for that purpose by the Federal Govern2 ment under law as of such date.

3 SEC. 404. EXEMPTION OF VOLUNTARY AGREEMENTS ON

4 GUIDELINES FOR CERTAIN ENTERTAINMENT

5 MATERIAL FROM APPLICABILITY OF ANTI6 TRUST LAWS.

7 (a) EXEMPTION.—Subject to subsection (b), the anti8 trust laws shall not apply to any joint discussion, consider9 ation, review, action, or agreement by or among persons

10 in the entertainment industry for the purpose of developing

11 and disseminating voluntary guidelines designed—

12 (1) to alleviate the negative impact of telecast

13 material, movies, video games, Internet content, and

14 music lyrics containing violence, sexual content,

15 criminal behavior, or other subjects that are not ap16 propriate for children; or

17 (2) to promote telecast material that is edu18 cational, informational, or otherwise beneficial to the

19 development of children.

20 (b) LIMITATION.—The exemption provided in sub21 section (a) shall not apply to any joint discussion, consider22 ation, review, action, or agreement which—

23 (1) results in a boycott of any person; or

24 (2) concerns the purchase or sale of advertising,

25 including (without limitation) restrictions on the
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1 number of products that may be advertised in a com2 mercial, the number of times a program may be in3 terrupted for commercials, and the number of consecu4 tive commercials permitted within each interruption.

5 SEC. 405. EXEMPTION OF ACTIVITIES TO ENSURE COMPLI6 ANCE WITH RATINGS AND LABELING SYS7 TEMS FROM APPLICABILITY OF ANTITRUST

8 LAWS.

9 (a) EXEMPTION FROM ANTITRUST LAWS.—

10 (1) IN GENERAL.—The antitrust laws shall not

11 apply to any joint discussion, consideration, review,

12 action, or agreement between or among persons in the

13 motion picture, recording, or video game industry for

14 the purpose of and limited to the development or en15 forcement of voluntary guidelines, procedures, and

16 mechanisms designed to ensure compliance by persons

17 and entities described in paragraph (2) with ratings

18 and labeling systems to identify and limit dissemina19 tion of sexual, violent, or other indecent material to

20 children.

21 (2) PERSONS AND ENTITIES DESCRIBED.—A per22 son or entity described in this paragraph is a person

23 or entity that is—

24 (A) engaged in the retail sales of motion

25 pictures, recordings, or video games; or
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1 (B) a theater owner or operator, video game

2 arcade owner or operator, or other person or en3 tity that makes available the viewing, listening,

4 or use of a motion picture, recording, or video

5 game to a member of the general public for com6 pensation.

7 (b) REPORT.—Not later than 12 months after the date

8 of the enactment of this Act, the Antitrust Division of the

9 Department of Justice, in conjunction with the Federal

10 Trade Commission, shall submit to Congress a report on—

11 (1) the extent to which the motion picture, re12 cording, and video game industry have developed or

13 enforced guidelines, procedures, or mechanisms to en14 sure compliance by persons and entities described in

15 subsection (b)(2) with ratings or labeling systems

16 which identify and limit dissemination of sexual, vio17 lent, or other indecent material to children; and

18 (2) the extent to which Federal or State antitrust

19 laws preclude those industries from developing and

20 enforcing the guidelines described in subsection (b)(1).

21 SEC. 406. DEFINITIONS.

22 In this subtitle:

23 (1) ANTITRUST LAWS.—The term ‘‘antitrust

24 laws’’ has the meaning given such term in the first

25 section of the Clayton Act (15 U.S.C. 12) and in-
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1 cludes section 5 of the Federal Trade Commission Act

2 (15 U.S.C. 45).

3 (2) INTERNET.—The term ‘‘Internet’’ means the

4 combination of computer facilities and electro5 magnetic transmission media, and related equipment

6 and software, comprising the interconnected world7 wide network of computer networks that employ the

8 Transmission Control Protocol/Internet Protocol or

9 any successor protocol to transmit information.

10 (3) MOVIES.—The term ‘‘movies’’ means motion

11 pictures.

12 (4) PERSON IN THE ENTERTAINMENT INDUS13 TRY.—The term ‘‘person in the entertainment indus14 try’’ means a television network, any entity which

15 produces or distributes television programming (in16 cluding motion pictures), the National Cable Tele17 vision Association, the Association of Independent

18 Television Stations, Incorporated, the National Asso19 ciation of Broadcasters, the Motion Picture Associa20 tion of America, each of the affiliate organizations of

21 the television networks, the Interactive Digital Soft22 ware Association, any entity which produces or dis23 tributes video games, the Recording Industry Associa24 tion of America, and any entity which produces or
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1 distributes music, and includes any individual acting

2 on behalf of such person.

3 (5) TELECAST.—The term ‘‘telecast’’ means any

4 program broadcast by a television broadcast station

5 or transmitted by a cable television system.

6 Subtitle B—Other Matters

7 SEC. 411. STUDY OF MARKETING PRACTICES OF MOTION

8 PICTURE, RECORDING, AND VIDEO/PERSONAL

9 COMPUTER GAME INDUSTRIES.

10 (a) STUDY.—

11 (1) IN GENERAL.—The Federal Trade Commis12 sion and the Attorney General shall jointly conduct a

13 study of the marketing practices of the motion pic14 ture, recording, and video/personal computer game

15 industries.

16 (2) ISSUES EXAMINED.—In conducting the study

17 under paragraph (1), the Commission and the Attor18 ney General shall examine—

19 (A) the extent to which the motion picture,

20 recording, and video/personal computer indus21 tries target the marketing of violent, sexually ex22 plicit, or other unsuitable material to minors,

23 including whether such content is advertised or

24 promoted in media outlets in which minors com25 prise a substantial percentage of the audience;
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1 (B) the extent to which retail merchants,

2 movie theaters, or others who engage in the sale

3 or rental for a fee of products of the motion pic4 ture, recording, and video/personal computer

5 industries—

6 (i) have policies to restrict the sale,

7 rental, or viewing to minors of music, mov8 ies, or video/personal computer games that

9 are deemed inappropriate for minors under

10 the applicable voluntary industry rating or

11 labeling systems; and

12 (ii) have procedures compliant with

13 such policies;

14 (C) whether and to what extent the motion

15 picture, recording, and video/personal computer

16 industries require, monitor, or encourage the en17 forcement of their respective voluntary rating or

18 labeling systems by industry members, retail

19 merchants, movie theaters, or others who engage

20 in the sale or rental for a fee of the products of

21 such industries;

22 (D) whether any of the marketing practices

23 examined may violate Federal law; and

24 (E) whether and to what extent the motion

25 picture, recording, and video/personal computer
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1 industries engage in actions to educate the public

2 on the existence, use, or efficacy of their vol3 untary rating or labeling systems.

4 (3) FACTORS FOR DETERMINATION.—In deter5 mining whether the products of the motion picture,

6 recording, or video/personal computer industries are

7 violent, sexually explicit, or otherwise unsuitable for

8 minors for the purposes of paragraph (2)(A), the

9 Commission and the Attorney General shall consider

10 the voluntary industry rating or labeling systems of

11 the industry concerned as in effect on the date of the

12 enactment of this Act.

13 (b) REPORT.—Not later than one year after the date

14 of the enactment of this Act, the Commission and the Attor15 ney General shall submit to Congress a report on the study

16 conducted under subsection (a).

17 (c) AUTHORITY.—For the purposes of the study con18 ducted under subsection (a), the Commission may use its

19 authority under section 6(b) of the Federal Trade Commis20 sion Act to require the filing of reports or answers in writ21 ing to specific questions, as well as to obtain information,

22 oral testimony, documentary material, or tangible things.
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1 TITLE V—GENERAL FIREARM

2 PROVISIONS

3 SEC. 501. SPECIAL LICENSEES; SPECIAL REGISTRATIONS.

4 (a) DEFINITIONS.—Section 921(a) of title 18, United

5 States Code, is amended by adding at the end the following:

6 ‘‘(35) GUN SHOW.—The term ‘gun show’ means

7 a gun show or event described in section 923(j).

8 ‘‘(36) SPECIAL LICENSE.—The term ‘special li9 cense’ means a license issued under section 923(m).

10 ‘‘(37) SPECIAL LICENSEE.—The term ‘special li11 censee’ means a person to whom a special license has

12 been issued.

13 ‘‘(38) SPECIAL REGISTRANT.—The term ‘special

14 registrant’ means a person to whom a special reg15 istration has been issued.

16 ‘‘(39) SPECIAL REGISTRATION.—The term ‘spe17 cial registration’ means a registration issued under

18 section 923(m).’’.

19 (b) SPECIAL LICENSES; SPECIAL REGISTRATION.—

20 Section 923 of title 18, United States Code, is amended by

21 adding at the end the following:

22 ‘‘(m) SPECIAL LICENSES; SPECIAL REGISTRATIONS.—

23 ‘‘(1) SPECIAL LICENSES.—

24 ‘‘(A) APPLICATION.—A person who—
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1 ‘‘(i) is engaged in the business of deal2 ing in firearms by—

3 ‘‘(I) buying or selling firearms

4 solely or primarily at gun shows; or

5 ‘‘(II) buying or selling firearms as

6 part of a gunsmith or firearm repair

7 business or the conduct of other activ8 ity that, absent this subsection, would

9 require a license under this chapter;

10 and

11 ‘‘(ii) desires to have access to the Na12 tional Instant Check System;

13 may submit to the Secretary an application for a spe14 cial license.

15 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in

16 this paragraph—

17 ‘‘(i) requires a license for conduct that

18 did not require a license before the date of

19 enactment of this subsection; or

20 ‘‘(ii) diminishes in any manner any

21 right to display, sell, or otherwise dispose of

22 firearms or ammunition, make repairs, or

23 engage in any other conduct or activity,

24 that was otherwise lawful to engage in with-
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1 out a license before the date of enactment of

2 this subsection.

3 ‘‘(C) CONTENTS.—An application under

4 subparagraph (A) shall—

5 ‘‘(i) contain a certification by the ap6 plicant that—

7 ‘‘(I) the applicant meets the re8 quirements of subparagraphs (A)

9 through (D) of subsection (d)(1);

10 ‘‘(II)(aa) the applicant conducts

11 the firearm business primarily or sole12 ly at gun shows, and the applicant has

13 premises (or a designated portion of

14 premises) that may be inspected under

15 this chapter from which the applicant

16 conducts business (or intends to estab17 lish such premises) within a reasonable

18 period of time; or

19 ‘‘(bb) the applicant conducts the

20 firearm business from a premises (or a

21 designated portion of premises) of a

22 gunsmith or firearms repair business

23 (or intends to establish such premises

24 within a reasonable period of time);

25 and
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1 ‘‘(III) the firearm business to be

2 conducted under the license—

3 ‘‘(aa) is not engaged in busi4 ness for regularly buying and sell5 ing firearms from the applicant’s

6 premises;

7 ‘‘(bb) will be engaged in the

8 buying or selling of firearms

9 only—

10 ‘‘(AA) primarily or sole11 ly for a firearm business at

12 gun shows; or

13 ‘‘(BB) as part of a gun14 smith or firearm repair busi15 ness;

16 ‘‘(cc) shall be conducted in

17 accordance with all dealer record18 keeping required under this chap19 ter for a dealer; and

20 ‘‘(dd) shall be subject to in21 spection under this chapter, in22 cluding the special licensee’s (or a

23 designated portion of the prem24 ises), pursuant to the provisions
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1 in this chapter applicable to deal2 ers;

3 ‘‘(ii) include a photograph and finger4 prints of the applicant; and

5 ‘‘(iii) be in such form as the Secretary

6 shall by regulation promulgate.

7 ‘‘(D) COMPLIANCE WITH STATE OR LOCAL

8 LAW.—

9 ‘‘(i) IN GENERAL.—An applicant

10 under subparagraph (A) shall not be re11 quired to certify or demonstrate that any

12 firearm business to be conducted from the

13 premises or elsewhere, to the extent per14 mitted under this subsection, is or will be

15 done in accordance with State or local law

16 regarding the carrying on of a general busi17 ness or commercial activity, including com18 pliance with zoning restrictions.

19 ‘‘(ii) DUTY TO COMPLY.—The issuance

20 of a special license does not relieve an ap21 plicant or licensee, as a matter of State or

22 local law, from complying with State or

23 local law described in clause (i).

24 ‘‘(E) APPROVAL.—
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1 ‘‘(i) IN GENERAL.—The Secretary shall

2 approve an application under subpara3 graph (A) if the application meets the re4 quirements of subparagraph (D).

5 ‘‘(ii) ISSUANCE OF LICENSE.—On ap6 proval of the application and payment by

7 the applicant of a fee prescribed for dealers

8 under this section, the Secretary shall issue

9 to the applicant a license which, subject to

10 the provisions of this chapter and other ap11 plicable provisions of law, entitles the li12 censee to conduct business during the 3-year

13 period that begins on the date on which the

14 license is issued.

15 ‘‘(iii) TIMING.—

16 ‘‘(I) IN GENERAL.—The Secretary

17 shall approve or disapprove an appli18 cation under subparagraph (A) not

19 later than 60 days after the Secretary

20 receives the application.

21 ‘‘(II) FAILURE TO ACT.—If the

22 Secretary fails to approve or dis23 approve an application within the

24 time specified by subclause (I), the ap25 plicant may bring an action under sec-
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1 tion 1361 of title 28 to compel the Sec2 retary to act.

3 ‘‘(2) SPECIAL REGISTRANTS.—

4 ‘‘(A) IN GENERAL.—A person who is not li5 censed under this chapter (other than a licensed

6 collector) and who wishes to perform instant

7 background checks for the purposes of meeting

8 the requirements of section 922(t) at a gun show

9 may submit to the Secretary an application for

10 a special registration.

11 ‘‘(B) CONTENTS.—An application under

12 subparagraph (A) shall—

13 ‘‘(i) contain a certification by the ap14 plicant that—

15 ‘‘(I) the applicant meets the re16 quirements of subparagraphs (A)

17 through (D) of subsection (d)(1); and

18 ‘‘(II)(aa) any gun show at which

19 the applicant will conduct instant

20 checks under the special registration

21 will be a show that is not prohibited by

22 State or local law; and

23 ‘‘(bb) instant checks will be con24 ducted only at gun shows that are con-
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1 ducted in accordance with Federal,

2 State, and local law;

3 ‘‘(ii) include a photograph and finger4 prints of the applicant; and

5 ‘‘(iii) be in such form as the Secretary

6 shall by regulation promulgate.

7 ‘‘(C) APPROVAL.—

8 ‘‘(i) IN GENERAL.—The Secretary shall

9 approve an application under subpara10 graph (A) if the application meets the re11 quirements of subparagraph (B).

12 ‘‘(ii) ISSUANCE OF REGISTRATION.—

13 On approval of the application and pay14 ment by the applicant of a fee of $100 for

15 3 years, and upon renewal of valid registra16 tion a fee of $50 for 3 years, the Secretary

17 shall issue to the applicant a special reg18 istration, and notify the Attorney General

19 of the United States of the issuance of the

20 special registration.

21 ‘‘(iii) PERMITTED ACTIVITY.—Under a

22 special registration, a special registrant

23 may conduct instant check screening during

24 the 3-year period that begins with the date

25 on which the registration is issued.
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1 ‘‘(D) TIMING.—

2 ‘‘(i) IN GENERAL.—The Secretary shall

3 approve or deny an application under sub4 paragraph (A) not later than 60 days after

5 the Secretary receives the application.

6 ‘‘(ii) FAILURE TO ACT.—If the Sec7 retary fails to approve or disapprove an ap8 plication under subparagraph (A) within

9 the time specified by clause (i), the appli10 cant may bring an action under section

11 1361 of title 28 to compel the Secretary to

12 act.

13 ‘‘(E) USE OF SPECIAL REGISTRANTS.—

14 ‘‘(i) IN GENERAL.—A person not li15 censed under this chapter who desires to

16 transfer a firearm at a gun show in the per17 son’s State of residence to another person

18 who is a resident of the same State, may

19 use (but shall not be required to use) the

20 services of a special registrant to determine

21 the eligibility of the prospective transferee to

22 possess a firearm by having the transferee

23 provide the special registrant at the gun

24 show, on a special and limited-purpose form
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1 that the Secretary shall prescribe for use by

2 a special registrant—

3 ‘‘(I) the name, age, address, and

4 other identifying information of the

5 prospective transferee (or, in the case

6 of a prospective transferee that is a

7 corporation or other business entity,

8 the identity and principal and local

9 places of business of the prospective

10 transferee); and

11 ‘‘(II) proof of verification of the

12 identity of the prospective transferee as

13 required by section 922(t)(1)(C).

14 ‘‘(ii) ACTION BY THE SPECIAL REG15 ISTRANT.—The special registrant shall—

16 ‘‘(I) make inquiry of the national

17 instant background check system (or as

18 the Attorney General shall arrange,

19 with the appropriate State point of

20 contact agency for each jurisdiction in

21 which the special registrant intends to

22 offer services) concerning the prospec23 tive transferee in accordance with the

24 established procedures for making such

25 inquiries;
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1 ‘‘(II) receive the response from the

2 system;

3 ‘‘(III) indicate the response on

4 both a portion of the inquiry form for

5 the records of the special registrant

6 and on a separate form to be provided

7 to the prospective transferee;

8 ‘‘(IV) provide the response to the

9 transferor; and

10 ‘‘(V) follow the procedures estab11 lished by the Secretary and the Attor12 ney General for advising a person un13 dergoing an instant background check

14 on the meaning of a response, and any

15 appeal rights, if applicable.

16 ‘‘(iii) RECORDKEEPING.—A special

17 registrant shall—

18 ‘‘(I) keep all records or documents

19 that the special registrant collected

20 pursuant to clause (ii) during the gun

21 show; and

22 ‘‘(II) transmit the records to the

23 Secretary when the special registration

24 is no longer valid, expires, or is re25 voked.
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1 ‘‘(iv) NO OTHER REQUIREMENTS.—Ex2 cept for the requirements stated in this sec3 tion, a special registrant is not subject to

4 any of the requirements imposed on licens5 ees by this chapter, including those in sec6 tion 922(t) and paragraphs (1)(A) and

7 (3)(A) of subsection (g) with respect to the

8 proposed transfer of a firearm.

9 ‘‘(3) NO CAUSE OF ACTION OR STANDARD OF

10 CONDUCT.—

11 ‘‘(A) IN GENERAL.—Nothing in this

12 subsection—

13 ‘‘(i) creates a cause of action against

14 any special registrant or any other person,

15 including the transferor, for any civil liabil16 ity; or

17 ‘‘(ii) establishes any standard of care.

18 ‘‘(B) EVIDENCE.—Notwithstanding any

19 other provision of law, except to give effect to the

20 provisions of paragraph (3)(vi), evidence regard21 ing the use or nonuse by a transferor of the serv22 ices of a special registrant under this paragraph

23 shall not be admissible as evidence in any pro24 ceeding of any court, agency, board, or other en25 tity for the purposes of establishing liability
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1 based on a civil action brought on any theory for

2 harm caused by a product or by negligence.

3 ‘‘(4) IMMUNITY.—

4 ‘‘(A) DEFINITION.—In this paragraph:

5 ‘‘(i) IN GENERAL.—The term ‘qualified

6 civil liability action’ means a civil action

7 brought by any person against a person de8 scribed in subparagraph (B) for damages

9 resulting from the criminal or unlawful

10 misuse of the firearm by the transferee or a

11 third party.

12 ‘‘(ii) EXCLUSIONS.—The term ‘quali13 fied civil liability action’ shall not include

14 an action—

15 ‘‘(B) IMMUNITY.—Notwithstanding any

16 other provision of law, a person who is—

17 ‘‘(i) a special registrant who performs

18 a background check in the manner pre19 scribed in this subsection at a gun show;

20 ‘‘(ii) a licensee or special licensee who

21 acquires a firearm at a gun show from a

22 nonlicensee, for transfer to another non23 licensee in attendance at the gun show, for

24 the purpose of effectuating a sale, trade, or

25 transfer between the 2 nonlicensees, all in
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1 the manner prescribed for the acquisition

2 and disposition of a firearm under this

3 chapter; or

4 ‘‘(iii) a nonlicensee person disposing of

5 a firearm who uses the services of a person

6 described in clause (i) or (ii);

7 shall be entitled to immunity from civil liability

8 action as described in subparagraph (B).

9 ‘‘(C) PROSPECTIVE ACTIONS.—A qualified

10 civil liability action may not be brought in any

11 Federal or State court—

12 ‘‘(i) brought against a transferor con13 victed under section 922(h), or a com14 parable State felony law, by a person di15 rectly harmed by the transferee’s criminal

16 conduct, as defined in section 922(h); or

17 ‘‘(ii) brought against a transferor for

18 negligent entrustment or negligence per se.

19 ‘‘(D) DISMISSAL OF PENDING ACTIONS.—A

20 qualified civil liability action that is pending on

21 the date of enactment of this subsection shall be

22 dismissed immediately by the court.

23 ‘‘(5) REVOCATION.—A special license or special

24 registration shall be subject to revocation under proce-
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1 dures provided for revocation of licensees in this chap2 ter.’’.

3 (b) PENALTIES.—Section 924(a) of title 18, United

4 States Code, is amended by adding at the end the following:

5 ‘‘(7) SPECIAL LICENSEES; SPECIAL REG6 ISTRANTS.—Whoever knowingly violates section

7 923(m)(1) shall be fined under this title, imprisoned

8 not more than 5 years, or both.’’.

9 SEC. 502. CLARIFICATION OF AUTHORITY TO CONDUCT

10 FIREARM TRANSACTIONS AT GUN SHOWS.

11 Section 923 of title 18, United States Code, is amended

12 by striking subsection (j) and inserting the following:

13 ‘‘(j) GUN SHOWS.—

14 ‘‘(1) IN GENERAL.—A licensed importer, licensed

15 manufacturer, or licensed dealer may, under regula16 tions promulgated by the Secretary, conduct business

17 at a temporary location, other than the location speci18 fied on the license, described in paragraph (2).

19 ‘‘(2) TEMPORARY LOCATION.—

20 ‘‘(A) IN GENERAL.—A temporary location

21 referred to in paragraph (1) is a location for a

22 gun show, or for an event in the State specified

23 on the license, at which firearms, firearms acces24 sories and related items may be bought, sold,
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1 traded, and displayed, in accordance with Fed2 eral, State, and local laws.

3 ‘‘(B) LOCATIONS OUT OF STATE.—If the lo4 cation is not in the State specified on the license,

5 a licensee may display any firearm, and take or6 ders for a firearm or effectuate the transfer of a

7 firearm, in accordance with this chapter, includ8 ing paragraph (3) of this subsection.

9 ‘‘(C) QUALIFIED GUN SHOWS OR EVENTS.—

10 A gun show or an event shall qualify as a tem11 porary location if—

12 ‘‘(i) the gun show or event is one which

13 is sponsored, for profit or not, by an indi14 vidual, national, State, or local organiza15 tion, association, or other entity to foster

16 the collecting, competitive use, sporting use,

17 or any other legal use of firearms; and

18 ‘‘(ii) the gun show or event has 20 per19 cent or more firearm exhibitors out of all

20 exhibitors.

21 ‘‘(D) FIREARM EXHIBITOR.—The term ‘fire22 arm exhibitor’ means an exhibitor who displays

23 1 or more firearms (as defined by section

24 921(a)(3)) and offers such firearms for sale or

25 trade at the gun show or event.
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1 ‘‘(3) RECORDS.—Records of receipt and disposi2 tion of firearms transactions conducted at a tem3 porary location—

4 ‘‘(A) shall include the location of the sale or

5 other disposition;

6 ‘‘(B) shall be entered in the permanent

7 records of the licensee; and

8 ‘‘(C) shall be retained at the location prem9 ises specified on the license.

10 ‘‘(4) VEHICLES.—Nothing in this subsection au11 thorizes a licensee to conduct business in or from any

12 motorized or towed vehicle.

13 ‘‘(5) NO SEPARATE FEE.—Notwithstanding sub14 section (a), a separate fee shall not be required of a

15 licensee with respect to business conducted under this

16 subsection.

17 ‘‘(6) INSPECTIONS AND EXAMINATIONS.—

18 ‘‘(A) AT A TEMPORARY LOCATION.—Any in19 spection or examination of inventory or records

20 under this chapter by the Secretary at a tem21 porary location shall be limited to inventory

22 consisting of, or records relating to, firearms held

23 or disposed at the temporary location.

24 ‘‘(B) NO REQUIREMENT.—Nothing in this

25 subsection authorizes the Secretary to inspect or
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1 examine the inventory or records of a licensed

2 importer, licensed manufacturer, or licensed

3 dealer at any location other than the location

4 specified on the license.

5 ‘‘(7) NO EFFECT ON OTHER RIGHTS.—Nothing

6 in this subsection diminishes in any manner any

7 right to display, sell, or otherwise dispose of firearms

8 or ammunition that is in effect before the date of en9 actment of this subsection, including the right of a li10 censee to conduct firearms transfers and business

11 away from their business premises with another li12 censee without regard to whether the location of the

13 business is in the State specified on the license of ei14 ther licensee.’’.

15 SEC. 503. ‘‘INSTANT CHECK’’ GUN TAX AND GUN OWNER PRI16 VACY.

17 (a) PROHIBITION OF GUN TAX.—

18 (1) IN GENERAL.—Chapter 33 of title 28, United

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

21 ‘‘§ 540B. Prohibition of background check fee

22 ‘‘(a) IN GENERAL.—No officer, employee, or agent of

23 the United States, including a State or local officer or em24 ployee acting on behalf of the United States, may charge

25 or collect any fee in connection with any background check
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1 required in connection with the transfer of a firearm (as

2 defined in section 921(a)(3) of title 18).

3 ‘‘(b) CIVIL REMEDIES.—Any person aggrieved by a

4 violation of this section may bring an action in United

5 States district court for actual damages, punitive damages,

6 and such other remedies as the court may determine to be

7 appropriate, including a reasonable attorney’s fee.’’.

8 (2) CONFORMING AMENDMENT.—The analysis for

9 chapter 33 of title 28, United States Code, is amended

10 by inserting after the item relating to section 540A

11 the following:

‘‘540B. Prohibition of background check fee.’’.

12 (b) PROTECTION OF GUN OWNER PRIVACY AND OWN13 ERSHIP RIGHTS.—

14 (1) IN GENERAL.—Chapter 44 of title 18, United

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘§ 931. Gun owner privacy and ownership rights

18 ‘‘(a) IN GENERAL.—Notwithstanding any other provi19 sion of law, no department, agency, or instrumentality of

20 the United States or officer, employee, or agent of the

21 United States, including a State or local officer or employee

22 acting on behalf of the United States shall—

23 ‘‘(1) perform any national instant criminal

24 background check on any person through the system

25 established under section 103 of the Brady Handgun
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1 Violence Prevention Act (18 U.S.C. 922 note) (re2 ferred to in this section as the ‘‘system’’) if the system

3 does not require and result in the immediate destruc4 tion of all information, in any form whatsoever or

5 through any medium, concerning the person if the

6 person is determined, through the use of the system,

7 not to be prohibited by subsection (g) or (n) of section

8 922 or by State law from receiving a firearm; or

9 ‘‘(2) continue to operate the system (including

10 requiring a background check before the transfer of a

11 firearm) unless—

12 ‘‘(A) the National Instant Check System

13 index complies with the requirements of section

14 552a(e)(5) of title 5, United States Code; and

15 ‘‘(B) does not invoke the exceptions under

16 subsection (j)(2) or paragraph (2) or (3) of sub17 section (k) of section 552a of title 5, United

18 States Code, except if specifically identifiable in19 formation is compiled for a particular law en20 forcement investigation or specific criminal en21 forcement matter.

22 ‘‘(b) APPLICABILITY.—Subsection (a)(1) does not

23 apply to the retention or transfer of information relating

24 to—
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1 ‘‘(1) any unique identification number provided

2 by the national instant criminal background check

3 system pursuant to section 922(t)(1)(B)(i) of title 18,

4 United States Code; or

5 ‘‘(2) the date on which that number is provided.

6 ‘‘(c) CIVIL REMEDIES.—Any person aggrieved by a

7 violation of this section may bring an action in United

8 States district court for actual damages, punitive damages,

9 and such other remedies as the court may determine to be

10 appropriate, including a reasonable attorney’s fee.’’.

11 (2) CONFORMING AMENDMENT.—The analysis for

12 chapter 44 of title 18, United States Code, is amended

13 by adding at the end the following:

‘‘931. Gun owner privacy and ownership rights.’’.

14 (c) PROVISION RELATING TO PAWN AND OTHER

15 TRANSACTIONS.—

16 (1) REPEAL.—Section 655 of title VI of the

17 Treasury and General Governmental Appropriations

18 Act, 1999 (112 Stat. 2681–530) is repealed.

19 (2) RETURN OF FIREARM.—Section 922(t)(1) of

20 title 18, United States Code, is amended by inserting

21 ‘‘(other than the return of a firearm to the person

22 from whom it was received)’’ before ‘‘to any other per23 son’’.
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1 SEC. 504. EFFECTIVE DATE.

2 (a) SECTIONS 501 AND 502.—The amendments made

3 by sections 501 and 502 shall take effect on the date that

4 is 90 days after the date of enactment of this Act.

5 (b) SECTION 503.—The amendments made by section

6 503 take effect on the date of enactment of this Act, except

7 that the amendment made by subsection (a) of that section

8 takes effect on October 1, 1999.

9 TITLE VI—RESTRICTING JUVE10 NILE ACCESS TO CERTAIN

11 FIREARMS

12 SEC. 601. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

13 (a) JUVENILE WEAPONS PENALTIES.—Section 924(a)

14 of title 18, United States Code, is amended—

15 (1) in paragraph (4) by striking ‘‘Whoever’’ at

16 the beginning of the first sentence, and inserting in

17 lieu thereof, ‘‘Except as provided in paragraph (6) of

18 this subsection, whoever’’; and

19 (2) in paragraph (6), by amending it to read as

20 follows:

21 ‘‘(6)(A) A juvenile who violates section 922(x)

22 shall be fined under this title, imprisoned not more

23 than 1 year, or both, except—

24 ‘‘(i) a juvenile shall be sentenced to proba25 tion on appropriate conditions and shall not be
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1 incarcerated unless the juvenile fails to comply

2 with a condition of probation, if—

3 ‘‘(I) the offense of which the juvenile is

4 charged is possession of a handgun, ammu5 nition, large capacity ammunition feeding

6 device or a semiautomatic assault weapon

7 in violation of section 922(x)(2); and

8 ‘‘(II) the juvenile has not been con9 victed in any court of an offense (including

10 an offense under section 922(x) or a similar

11 State law, but not including any other of12 fense consisting of conduct that if engaged

13 in by an adult would not constitute an of14 fense) or adjudicated as a juvenile delin15 quent for conduct that if engaged in by an

16 adult would constitute an offense; or

17 ‘‘(ii) a juvenile shall be fined under this

18 title, imprisoned not more than 20 years, or

19 both, if—

20 ‘‘(I) the offense of which the juvenile is

21 charged is possession of a handgun, ammu22 nition, large capacity ammunition feeding

23 device or a semiautomatic assault weapon

24 in violation of section 922(x)(2); and
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1 ‘‘(II) during the same course of con2 duct in violating section 922(x)(2), the juve3 nile violated section 922(q), with the intent

4 to carry or otherwise possess or discharge or

5 otherwise use the handgun, ammunition,

6 large capacity ammunition feeding device

7 or a semiautomatic assault weapon in the

8 commission of a violent felony.

9 ‘‘(B) A person other than a juvenile who know10 ingly violates section 922(x)—

11 ‘‘(i) shall be fined under this title, impris12 oned not more than 1 year, or both; and

13 ‘‘(ii) if the person sold, delivered, or other14 wise transferred a handgun, ammunition, large

15 capacity ammunition feeding device or a semi16 automatic assault weapon to a juvenile knowing

17 or having reasonable cause to know that the juve18 nile intended to carry or otherwise possess or

19 discharge or otherwise use the handgun, ammu20 nition, large capacity ammunition feeding device

21 or semiautomatic assault weapon in the commis22 sion of a violent felony, shall be fined under this

23 title, imprisoned not more than 20 years, or

24 both.
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1 ‘‘(C) For purposes of this paragraph a ‘violent

2 felony’ means conduct as described in section

3 924(e)(2)(B) of this title.

4 ‘‘(D) Except as otherwise provided in this chap5 ter, in any case in which a juvenile is prosecuted in

6 a district court of the United States, and the juvenile

7 is subject to the penalties under clause (ii) of para8 graph (A), the juvenile shall be subject to the same

9 laws, rules, and proceedings regarding sentencing (in10 cluding the availability of probation, restitution,

11 fines, forfeiture, imprisonment, and supervised re12 lease) that would be applicable in the case of an

13 adult. No juvenile sentenced to a term of imprison14 ment shall be released from custody simply because

15 the juvenile reaches the age of 18 years.’’.

16 (b) UNLAWFUL WEAPONS TRANSFERS TO JUVE17 NILES.—Section 922(x) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(x)(1) It shall be unlawful for a person to sell, deliver,

20 or otherwise transfer to a person who the transferor knows

21 or has reasonable cause to believe is a juvenile—

22 ‘‘(A) a handgun;

23 ‘‘(B) ammunition that is suitable for use only in

24 a handgun;

25 ‘‘(C) a semiautomatic assault weapon; or
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1 ‘‘(D) a large capacity ammunition feeding de2 vice.

3 ‘‘(2) It shall be unlawful for any person who is a juve4 nile to knowingly possess—

5 ‘‘(A) a handgun;

6 ‘‘(B) ammunition that is suitable for use only in

7 a handgun;

8 ‘‘(C) a semiautomatic assault weapon; or

9 ‘‘(D) a large capacity ammunition feeding de10 vice.

11 ‘‘(3) This subsection does not apply to—

12 ‘‘(A) a temporary transfer of a handgun, ammu13 nition, large capacity ammunition feeding device or

14 a semiautomatic assault weapon to a juvenile or to

15 the possession or use of a handgun, ammunition,

16 large capacity ammunition feeding device or a semi17 automatic assault weapon by a juvenile—

18 ‘‘(i) if the handgun, ammunition, large ca19 pacity ammunition feeding device or semiauto20 matic assault weapon are possessed and used by

21 the juvenile—

22 ‘‘(I) in the course of employment,

23 ‘‘(II) in the course of ranching or

24 farming related to activities at the residence

25 of the juvenile (or on property used for
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1 ranching or farming at which the juvenile,

2 with the permission of the property owner

3 or lessee, is performing activities related to

4 the operation of the farm or ranch),

5 ‘‘(III) for target practice,

6 ‘‘(IV) for hunting, or

7 ‘‘(V) for a course of instruction in the

8 safe and lawful use of a firearm;

9 ‘‘(ii) clause (i) shall apply only if the juve10 nile’s possession and use of a handgun, ammuni11 tion, large capacity ammunition feeding device

12 or a semiautomatic assault weapon under this

13 subparagraph are in accordance with State and

14 local law, and the following conditions are met—

15 ‘‘(I) except when a parent or guardian

16 of the juvenile is in the immediate and su17 pervisory presence of the juvenile, the juve18 nile shall have in the juvenile’s possession at

19 all times when a handgun, ammunition,

20 large capacity ammunition feeding device

21 or semiautomatic assault weapon is in the

22 possession of the juvenile, the prior written

23 consent of the juvenile’s parent or guardian

24 who is not prohibited by Federal, State, or
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1 local law from possessing a firearm or am2 munition; and

3 ‘‘(II) during transportation by the ju4 venile directly from the place of transfer to

5 a place at which an activity described in

6 clause (i) is to take place the firearm shall

7 be unloaded and in a locked container or

8 case, and during the transportation by the

9 juvenile of that firearm, directly from the

10 place at which such an activity took place

11 to the transferor, the firearm shall also be

12 unloaded and in a locked container or case;

13 or

14 ‘‘(III) with respect to employment,

15 ranching or farming activities as described

16 in clause (i), a juvenile may possess and use

17 a handgun, ammunition, large capacity

18 ammunition feeding device or a semiauto19 matic assault rifle with the prior written

20 approval of the juvenile’s parent or legal

21 guardian, if such approval is on file with

22 the adult who is not prohibited by Federal,

23 State, or local law from possessing a fire24 arm or ammunition and that person is di-
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1 recting the ranching or farming activities of

2 the juvenile;

3 ‘‘(B) a juvenile who is a member of the Armed

4 Forces of the United States or the National Guard

5 who possesses or is armed with a handgun, ammuni6 tion, large capacity ammunition feeding device or

7 semiautomatic assault weapon in the line of duty;

8 ‘‘(C) a transfer by inheritance of title (but not

9 possession) of a handgun, ammunition, large capacity

10 ammunition feeding device or a semiautomatic as11 sault weapon to a juvenile; or

12 ‘‘(D) the possession of a handgun, ammunition,

13 large capacity ammunition feeding device or a semi14 automatic assault weapon taken in lawful defense of

15 the juvenile or other persons in the residence of the ju16 venile or a residence in which the juvenile is an in17 vited guest.

18 ‘‘(4) A handgun, ammunition, large capacity ammu19 nition feeding device or a semiautomatic assault weapon,

20 the possession of which is transferred to a juvenile in cir21 cumstances in which the transferor is not in violation of

22 this subsection, shall not be subject to permanent confisca23 tion by the Government if its possession by the juvenile sub24 sequently becomes unlawful because of the conduct of the

25 juvenile, but shall be returned to the lawful owner when
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1 such handgun, ammunition, large capacity ammunition

2 feeding device or semiautomatic assault weapon is no longer

3 required by the Government for the purposes of investiga4 tion or prosecution.

5 ‘‘(5) For purposes of this subsection, the term ‘juvenile’

6 means a person who is less than 18 years of age.

7 ‘‘(6)(A) In a prosecution of a violation of this sub8 section, the court shall require the presence of a juvenile

9 defendant’s parent or legal guardian at all proceedings.

10 ‘‘(B) The court may use the contempt power to enforce

11 subparagraph (A).

12 ‘‘(C) The court may excuse attendance of a parent or

13 legal guardian of a juvenile defendant at a proceeding in

14 a prosecution of a violation of this subsection for good cause

15 shown.

16 ‘‘(7) For purposes of this subsection only, the term

17 ‘large capacity ammunition feeding device’ has the same

18 meaning as in section 921(a)(31) of title 18 and includes

19 similar devices manufactured before the effective date of the

20 Violent Crime Control and Law Enforcement Act of 1994.’’.

21 SEC. 602. EFFECTIVE DATE.

22 This title and the amendments made by this title shall

23 take effect 180 days after the date of enactment of this Act.
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1 TITLE VII—EFFECTIVE GUN LAW

2 ENFORCEMENT

3 Subtitle A—Criminal Use of

4 Firearms by Felons

5 SEC. 701. SHORT TITLE.

6 This subtitle may be referred to as the ‘‘Criminal Use

7 of Firearms by Felons (CUFF) Act’’.

8 SEC. 702. FINDINGS.

9 Congress finds the following:

10 (1) Tragedies such as those occurring recently in

11 the communities of Pearl, Mississippi, Paducah, Ken12 tucky, Jonesboro, Arkansas, Springfield, Oregon, and

13 Littleton, Colorado are terrible reminders of the vul14 nerability of innocent individuals to random and

15 senseless acts of criminal violence.

16 (2) The United States Congress has responded to

17 the problem of gun violence by passing numerous

18 criminal statutes and by supporting the development

19 of law enforcement programs designed both to punish

20 the criminal misuse of weapons and also to deter in21 dividuals from undertaking illegal acts.

22 (3) In 1988, the Administration initiated an in23 novative program known as Project Achilles. The con24 cept behind the initiative was that the illegal posses25 sion of firearms was the Achilles heel or the area of
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1 greatest vulnerability of criminals. By aggressively

2 prosecuting criminals with guns in Federal court, the

3 offenders were subject to stiffer penalties and expe4 dited prosecutions. The Achilles program was particu5 larly effective in removing the most violent criminals

6 from our communities.

7 (4) In 1991, the Administration expanded its ef8 forts to remove criminals with guns from our streets

9 with Project Triggerlock. Triggerlock continued the

10 ideas formulated in the Achilles program and com11 mitted the Department of Justice resources to the

12 prosecution effort. Under the program, every United

13 States Attorney was directed to form special teams of

14 Federal, State, and local investigators to look for gang

15 and drug cases that could be prosecuted as Federal

16 weapon violations. Congress appropriated additional

17 funds to allow a large number of new law enforcement

18 officers and Federal prosecutors to target these gun

19 and drug offenders. In 1992, approximately 7048 de20 fendants were prosecuted under this initiative.

21 (5) Since 1993, the number of ‘‘Project

22 Triggerlock’’ type gun prosecutions pursued by the

23 Department of Justice has fallen to approximately

24 3807 prosecutions in 1998. This is a decline of over
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1 40 percent in Federal prosecutions of criminals with

2 guns.

3 (6) The threat of criminal prosecution in the

4 Federal criminal justice system works to deter crimi5 nal behavior because the Federal system is known for

6 speedier trials and longer prison sentences.

7 (7) The deterrent effect of Federal gun prosecu8 tions has been demonstrated recently by successful

9 programs, such as ‘‘Project Exile’’ in Richmond, Vir10 ginia, which resulted in a 22 percent decrease in vio11 lent crime since 1994.

12 (8) The Department of Justice’s failure to pros13 ecute the criminal use of guns under existing Federal

14 law undermines the significant deterrent effect that

15 these laws are meant to produce.

16 (9) The Department of Justice already possesses

17 a vast array of Federal criminal statutes that, if used

18 aggressively to prosecute wrongdoers, would signifi19 cantly reduce both the threat of, and the incidence of,

20 criminal gun violence.

21 (10) As an example, the Department of Justice

22 has the statutory authority in section 922(q) of title

23 18, United States Code, to prosecute individuals who

24 bring guns to school zones. Although the Administra25 tion stated that over 6,000 students were expelled last
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1 year for bringing guns to school, the Justice Depart2 ment reports prosecuting only 8 cases under section

3 922(q) in 1998.

4 (11) The Department of Justice is also empow5 ered under section 922(x) of title 18, United States

6 Code, to prosecute adults who transfer handguns to

7 juveniles. In 1998, the Department of Justice reports

8 having prosecuted only 6 individuals under this pro9 vision.

10 (12) The Department of Justice’s utilization of

11 existing prosecutorial power is 1 of the most signifi12 cant steps that can be taken to reduce the number of

13 criminal acts involving guns, and represents a better

14 response to the problem of criminal violence than the

15 enactment of new, symbolic laws, which, if current

16 Departmental trends hold, would likely be underuti17 lized.

18 SEC. 703. CRIMINAL USE OF FIREARMS BY FELONS PRO19 GRAM.

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

21 date of enactment of this Act, the Attorney General and the

22 Secretary of the Treasury shall establish in the jurisdictions

23 specified in subsection (d) a program that meets the require24 ments of subsections (b) and (c). The program shall be
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1 known as the ‘‘Criminal Use of Firearms by Felons (CUFF)

2 Program’’.

3 (b) PROGRAM ELEMENTS.—Each program established

4 under subsection (a) shall, for the jurisdiction concerned—

5 (1) provide for coordination with State and local

6 law enforcement officials in the identification of vio7 lations of Federal firearms laws;

8 (2) provide for the establishment of agreements

9 with State and local law enforcement officials for the

10 referral to the Bureau of Alcohol, Tobacco, and Fire11 arms and the United States Attorney for prosecution

12 of persons arrested for violations of section 922(a)(6),

13 922(g)(1), 922(g)(2), 922(g)(3), 922(j), 922(q), 922(k),

14 or 924(c) of title 18, United States Code, or section

15 5861(d) or 5861(h) of the Internal Revenue Code of

16 1986, relating to firearms;

17 (3) require that the United States Attorney des18 ignate not less than 1 Assistant United States Attor19 ney to prosecute violations of Federal firearms laws;

20 (4) provide for the hiring of agents for the Bu21 reau of Alcohol, Tobacco, and Firearms to investigate

22 violations of the provisions referred to in paragraph

23 (2) and section 922(a)(5) of title 18, United States

24 Code, relating to firearms; and
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1 (5) ensure that each person referred to the

2 United States Attorney under paragraph (2) be

3 charged with a violation of the most serious Federal

4 firearm offense consistent with the act committed.

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

6 program for a jurisdiction, the United States Attorney shall

7 carry out, in cooperation with local civic, community, law

8 enforcement, and religious organizations, an extensive

9 media and public outreach campaign focused in high-crime

10 areas to—

11 (1) educate the public about the severity of pen12 alties for violations of Federal firearms laws; and

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

14 possession of illegal firearms to authorities.

15 (d) COVERED JURISDICTIONS.—The jurisdictions spec16 ified in this subsection are the following 25 jurisdictions:

17 (1) The 10 jurisdictions with a population equal

18 to or greater than 100,000 persons that had the high19 est total number of violent crimes according to the

20 FBI uniform crime report for 1998.

21 (2) The 15 jurisdictions with such a population,

22 other than the jurisdictions covered by paragraph (1),

23 with the highest per capita rate of violent crime ac24 cording to the FBI uniform crime report for 1998.
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1 SEC. 704. ANNUAL REPORTS.

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

3 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 Attor8 neys hired under the program under this subtitle dur9 ing the year preceding the year in which the report

10 is submitted in order to prosecute violations of Fed11 eral firearms laws in Federal court.

12 (2) The number of individuals indicted for such

13 violations during that year by reason of the program.

14 (3) The increase or decrease in the number of in15 dividuals indicted for such violations during that

16 year by reason of the program when compared with

17 the year preceding that year.

18 (4) The number of individuals held without bond

19 in anticipation of prosecution by reason of the pro20 gram.

21 (5) To the extent information is available, the

22 average length of prison sentence of the individuals

23 convicted of violations of Federal firearms laws by

24 reason of the program.
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1 SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

3 authorized to be appropriated to carry out the program

4 under section 703 $50,000,000 for fiscal year 2000, of

5 which—

6 (1) $40,000,000 shall be used for salaries and ex7 penses of Assistant United States Attorneys and Bu8 reau of Alcohol, Tobacco, and Firearms agents; and

9 (2) $10,000,000 shall be available for the public

10 relations campaign required by subsection (c) of that

11 section.

12 (b) USE OF FUNDS.—

13 (1) The Assistant United States Attorneys hired

14 using amounts appropriated pursuant to the author15 ization of appropriations in subsection (a) shall pros16 ecute violations of Federal firearms laws in accord17 ance with section 703(b)(3).

18 (2) The Bureau of Alcohol, Tobacco, and Fire19 arms agents hired using amounts appropriated pur20 suant to the authorization of appropriations in sub21 section (a) shall, to the maximum extent practicable,

22 concentrate their investigations on violations of Fed23 eral firearms laws in accordance with section

24 703(b)(4).

25 (3) It is the sense of Congress that amounts

26 made available under this section for the public edu-
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1 cation campaign required by section 703(c) should, to

2 the maximum extent practicable, be matched with

3 State or local funds or private donations.

4 (c) AUTHORIZATION OF ADDITIONAL APPROPRIA5 TIONS.—In addition to amounts made available under sub6 section (a), there is authorized to be appropriated to the

7 Administrative Office of the United States Courts such

8 sums as may be necessary to carry out this subtitle.

9 Subtitle B—Apprehension and

10 Treatment of Armed Violent

11 Criminals

12 SEC. 711. APPREHENSION AND PROCEDURAL TREATMENT

13 OF ARMED VIOLENT CRIMINALS.

14 (a) PRETRIAL DETENTION FOR POSSESSION OF FIRE15 ARMS OR EXPLOSIVES BY CONVICTED FELONS.—Section

16 3156(a)(4) of title 18, United States Code, is amended—

17 (1) by striking ‘‘or’’ at the end of subparagraph

18 (B);

19 (2) by striking ‘‘and’’ at the end of subpara20 graph (C) and inserting ‘‘or’’; and

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

22 ‘‘(D) an offense that is a violation of section

23 842(i) or 922(g) (relating to possession of explo24 sives or firearms by convicted felons); and’’.
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1 (b) FIREARMS POSSESSION BY VIOLENT FELONS AND

2 SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of title 18,

3 United States Code, is amended—

4 (1) by striking ‘‘Whoever’’ and inserting ‘‘(A)

5 Except as provided in subparagraph (B), any person

6 who’’; and

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

8 ‘‘(B) Notwithstanding any other provision of law, the

9 court shall not grant a probationary sentence to a person

10 who has more than 1 previous conviction for a violent fel11 ony or a serious drug offense, committed under different

12 circumstances.’’.

13 Subtitle C—Youth Crime Gun

14 Interdiction

15 SEC. 721. YOUTH CRIME GUN INTERDICTION INITIATIVE.

16 (a) IN GENERAL.—

17 (1) EXPANSION OF NUMBER OF CITIES.—The

18 Secretary of the Treasury shall endeavor to expand

19 the number of cities and counties directly partici20 pating in the Youth Crime Gun Interdiction Initia21 tive (in this section referred to as the ‘‘YCGII’’) to 75

22 cities or counties by October 1, 2000, to 150 cities or

23 counties by October 1, 2002, and to 250 cities or

24 counties by October 1, 2003.
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1 (2) SELECTION.—Cities and counties selected for

2 participation in the YCGII shall be selected by the

3 Secretary of the Treasury and in consultation with

4 Federal, State and local law enforcement officials.

5 (b) IDENTIFICATION OF INDIVIDUALS.—

6 (1) IN GENERAL.—The Secretary of the Treasury

7 shall, utilizing the information provided by the

8 YCGII, facilitate the identification and prosecution of

9 individuals illegally trafficking firearms to prohibited

10 individuals.

11 (2) SHARING OF INFORMATION.—The Secretary

12 of the Treasury shall share information derived from

13 the YCGII with State and local law enforcement

14 agencies through on-line computer access, as soon as

15 such capability is available.

16 (c) GRANT AWARDS.—

17 (1) IN GENERAL.—The Secretary of the Treasury

18 shall award grants (in the form of funds or equip19 ment) to States, cities, and counties for purposes of

20 assisting such entities in the tracing of firearms and

21 participation in the YCGII.

22 (2) USE OF GRANT FUNDS.—Grants made under

23 this part shall be used to—

24 (A) hire or assign additional personnel for

25 the gathering, submission and analysis of trac-
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1 ing data submitted to the Bureau of Alcohol, To2 bacco and Firearms under the YCGII;

3 (B) hire additional law enforcement per4 sonnel for the purpose of identifying and arrest5 ing individuals illegally trafficking firearms;

6 and

7 (C) purchase additional equipment, includ8 ing automatic data processing equipment and

9 computer software and hardware, for the timely

10 submission and analysis of tracing data.

11 Subtitle D—Gun Prosecution Data

12 SEC. 731. COLLECTION OF GUN PROSECUTION DATA.

13 (a) REPORT TO CONGRESS.—On February 1, 2000,

14 and on February 1 of each year thereafter, the Attorney

15 General shall submit to the Committees on the Judiciary

16 and on Appropriations of the Senate and the House of Rep17 resentatives a report of information gathered under this sec18 tion during the fiscal year that ended on September 30 of

19 the preceding year.

20 (b) SUBJECT OF ANNUAL REPORT.—Not later than 90

21 days after the date of enactment of this Act, the Attorney

22 General shall require each component of the Department of

23 Justice, including each United States Attorney’s Office, to

24 furnish for the purposes of the report described in subsection

25 (a), information relating to any case presented to the De-
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1 partment of Justice for review or prosecution, in which the

2 objective facts of the case provide probable cause to believe

3 that there has been a violation of section 922 of title 18,

4 United States Code.

5 (c) ELEMENTS OF ANNUAL REPORT.—With respect to

6 each case described in subsection (b), the report submitted

7 under subsection (a) shall include information indicating—

8 (1) whether in any such case, a decision has been

9 made not to charge an individual with a violation of

10 section 922 of title 18, United States Code, or any

11 other violation of Federal criminal law;

12 (2) in any case described in paragraph (1), the

13 reason for such failure to seek or obtain a charge

14 under section 922 of title 18, United States Code;

15 (3) whether in any case described in subsection

16 (b), an indictment, information, or other charge has

17 been brought against any person, or the matter is

18 pending;

19 (4) whether, in the case of an indictment, infor20 mation, or other charge described in paragraph (3),

21 the charging document contains a count or counts al22 leging a violation of section 922 of title 18, United

23 States Code;

24 (5) in any case described in paragraph (4) in

25 which the charging document contains a count or
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1 counts alleging a violation of section 922 of title 18,

2 United States Code, whether a plea agreement of any

3 kind has been entered into with such charged indi4 vidual;

5 (6) whether any plea agreement described in

6 paragraph (5) required that the individual plead

7 guilty, to enter a plea of nolo contendere, or otherwise

8 caused a court to enter a conviction against that in9 dividual for a violation of section 922 of title 18,

10 United States Code;

11 (7) in any case described in paragraph (6) in

12 which the plea agreement did not require that the in13 dividual plead guilty, enter a plea of nolo contendere,

14 or otherwise cause a court to enter a conviction

15 against that individual for a violation of section 922

16 of title 18, United States Code, identification of the

17 charges to which that individual did plead guilty,

18 and the reason for the failure to seek or obtain a con19 viction under that section;

20 (8) in the case of an indictment, information, or

21 other charge described in paragraph (3), in which the

22 charging document contains a count or counts alleg23 ing a violation of section 922 of title 18, United

24 States Code, the result of any trial of such charges

25 (guilty, not guilty, mistrial); and
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1 (9) in the case of an indictment, information, or

2 other charge described in paragraph (3), in which the

3 charging document did not contain a count or counts

4 alleging a violation of section 922 of title 18, United

5 States Code, the nature of the other charges brought

6 and the result of any trial of such other charges as

7 have been brought (guilty, not guilty, mistrial).

8 Subtitle E—Firearms Possession by

9 Violent Juvenile Offenders

10 SEC. 741. PROHIBITION ON FIREARMS POSSESSION BY VIO11 LENT JUVENILE OFFENDERS.

12 (a) DEFINITION.—Section 921(a)(20) of title 18,

13 United States Code, is amended—

14 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

15 (2) by redesignating subparagraphs (A) and (B)

16 as clauses (i) and (ii), respectively;

17 (3) by inserting after subparagraph (A) the fol18 lowing:

19 ‘‘(B) For purposes of subsections (d) and (g) of section

20 922, the term ‘act of violent juvenile delinquency’ means

21 an adjudication of delinquency in Federal or State court,

22 based on a finding of the commission of an act by a person

23 prior to his or her eighteenth birthday that, if committed

24 by an adult, would be a serious or violent felony, as defined

25 in section 3559(c)(2)(F)(i) had Federal jurisdiction existed
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1 and been exercised (except that section 3559(c)(3)(A) shall

2 not apply to this subparagraph).’’; and

3 (4) in the undesignated paragraph following sub4 paragraph (B) (as added by paragraph (3) of this

5 subsection), by striking ‘‘What constitutes’’ and all

6 that follows through ‘‘this chapter,’’ and inserting the

7 following:

8 ‘‘(C) What constitutes a conviction of such a crime or

9 an adjudication of an act of violent juvenile delinquency

10 shall be determined in accordance with the law of the juris11 diction in which the proceedings were held. Any State con12 viction or adjudication of an act of violent juvenile delin13 quency that has been expunged or set aside, or for which

14 a person has been pardoned or has had civil rights restored,

15 by the jurisdiction in which the conviction or adjudication

16 of an act of violent juvenile delinquency occurred shall not

17 be considered to be a conviction or adjudication of an act

18 of violent juvenile delinquency for purposes of this chap19 ter,’’.

20 (b) PROHIBITION.—Section 922 of title 18, United

21 States Code, is amended—

22 (1) in subsection (d)—

23 (A) in paragraph (8), by striking ‘‘or’’ at

24 the end;
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1 (B) in paragraph (9), by striking the period

2 at the end and inserting ‘‘; or’’; and

3 (C) by inserting after paragraph (9) the fol4 lowing:

5 ‘‘(10) has committed an act of violent juvenile

6 delinquency.’’; and

7 (2) in subsection (g)—

8 (A) in paragraph (8), by striking ‘‘or’’ at

9 the end;

10 (B) in paragraph (9), by striking the

11 comma at the end and inserting ‘‘; or’’; and

12 (C) by inserting after paragraph (9) the fol13 lowing:

14 ‘‘(10) who has committed an act of violent juve15 nile delinquency,’’.

16 (c) EFFECTIVE DATE OF ADJUDICATION PROVI17 SIONS.—The amendments made by this section shall only

18 apply to an adjudication of an act of violent juvenile delin19 quency that occurs after the date that is 30 days after the

20 date on which the Attorney General certifies to Congress

21 and separately notifies Federal firearms licensees, through

22 publication in the Federal Register by the Secretary of the

23 Treasury, that the records of such adjudications are rou24 tinely available in the national instant criminal back-
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1 ground check system established under section 103(b) of the

2 Brady Handgun Violence Prevention Act.

3 Subtitle F—Juvenile Access to

4 Certain Firearms

5 SEC. 751. PENALTIES FOR FIREARM VIOLATIONS INVOLV6 ING JUVENILES.

7 (a) PENALTIES FOR FIREARM VIOLATIONS BY JUVE8 NILES.—Section 924(a) of title 18, United States Code, is

9 amended—

10 (1) in paragraph (4), by striking ‘‘Whoever’’ and

11 inserting ‘‘Except as provided in paragraph (6), who12 ever’’; and

13 (2) by striking paragraph (6) and inserting the

14 following:

15 ‘‘(6) TRANSFER TO OR POSSESSION BY A JUVE16 NILE.—

17 ‘‘(A) DEFINITIONS OF VIOLENT FELONY.—

18 In this paragraph—

19 ‘‘(i) the term ‘juvenile’ has the meaning

20 given the term in section 922(x); and

21 ‘‘(ii) the term ‘violent felony’ has the mean22 ing given the term in subsection (e)(2)(B).

23 ‘‘(B) POSSESSION BY A JUVENILE.—

24 ‘‘(i) IN GENERAL.—Subject to clauses

25 (ii) and (iii), a juvenile who violates section
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1 922(x) shall be fined under this title, im2 prisoned not more than 5 years, or both.

3 ‘‘(ii) PROBATION.—Unless clause (iii)

4 applies and unless a juvenile fails to com5 ply with a condition of probation, the juve6 nile may be sentenced to probation on ap7 propriate conditions if—

8 ‘‘(I) the offense with which the ju9 venile is charged is possession of a

10 handgun, ammunition, or semiauto11 matic assault weapon in violation of

12 section 922(x)(2); and

13 ‘‘(II) the juvenile has not been

14 convicted in any court of an offense

15 (including an offense under section

16 922(x) or a similar State law, but not

17 including any other offense consisting

18 of conduct that if engaged in by an

19 adult would not constitute an offense)

20 or adjudicated as a juvenile delinquent

21 for conduct that if engaged in by an

22 adult would constitute an offense.

23 ‘‘(iii) SCHOOL ZONES.—A juvenile

24 shall be fined under this title, imprisoned

25 not more than 20 years, or both, if—
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1 ‘‘(I) the offense of which the juve2 nile is charged is possession of a hand3 gun, ammunition, or semiautomatic

4 assault weapon in violation of section

5 922(x)(2); and

6 ‘‘(II) during the same course of

7 conduct in violating section 922(x)(2),

8 the juvenile violated section 922(q),

9 with the intent to carry or otherwise

10 possess or discharge or otherwise use

11 the handgun, ammunition, or semi12 automatic assault weapon in the com13 mission of a violent felony.

14 ‘‘(C) TRANSFER TO A JUVENILE.—A person

15 other than a juvenile who knowingly violates sec16 tion 922(x)—

17 ‘‘(i) shall be fined under this title, im18 prisoned not less than 1 year and not more

19 than 5 years, or both; or

20 ‘‘(ii) if the person sold, delivered, or

21 otherwise transferred a handgun, ammuni22 tion, or semiautomatic assault weapon to a

23 juvenile knowing or having reasonable cause

24 to know that the juvenile intended to carry

25 or otherwise possess or discharge or other-
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1 wise use the handgun, ammunition, or

2 semiautomatic assault weapon in the com3 mission of a violent felony, shall be fined

4 under this title and imprisoned not less

5 than 10 and not more than 20 years.

6 ‘‘(D) CASES IN UNITED STATES DISTRICT

7 COURT.—Except as otherwise provided in this

8 chapter, in any case in which a juvenile is pros9 ecuted in a district court of the United States,

10 and the juvenile is subject to the penalties under

11 subparagraph (B)(iii), the juvenile shall be sub12 ject to the same laws, rules, and proceedings re13 garding sentencing (including the availability of

14 probation, restitution, fines, forfeiture, imprison15 ment, and supervised release) that would be ap16 plicable in the case of an adult.

17 ‘‘(E) NO RELEASE AT AGE 18.—No juvenile

18 sentenced to a term of imprisonment shall be re19 leased from custody solely for the reason that the

20 juvenile has reached the age of 18 years.’’.

21 (b) UNLAWFUL WEAPONS TRANSFERS TO JUVE22 NILES.—Section 922 of title 18, United States Code, is

23 amended by striking subsection (x) and inserting the fol24 lowing:

25 ‘‘(x) JUVENILES.—
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1 ‘‘(1) DEFINITION OF JUVENILE.—In this sub2 section, the term ‘juvenile’ means a person who is less

3 than 18 years of age.

4 ‘‘(2) TRANSFER TO JUVENILES.—It shall be un5 lawful for a person to sell, deliver, or otherwise trans6 fer to a person who the transferor knows or has rea7 sonable cause to believe is a juvenile—

8 ‘‘(A) a handgun;

9 ‘‘(B) ammunition that is suitable for use

10 only in a handgun; or

11 ‘‘(C) a semiautomatic assault weapon.

12 ‘‘(3) POSSESSION BY A JUVENILE.—It shall be

13 unlawful for any person who is a juvenile to know14 ingly possess—

15 ‘‘(A) a handgun;

16 ‘‘(B) ammunition that is suitable for use

17 only in a handgun; or

18 ‘‘(C) a semiautomatic assault weapon.

19 ‘‘(4) APPLICABILITY.—

20 ‘‘(A) IN GENERAL.—This subsection does

21 not apply to—

22 ‘‘(i) if the conditions stated in sub23 paragraph (B) are met, a temporary trans24 fer of a handgun, ammunition, or semiauto25 matic assault weapon to a juvenile or to the
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1 possession or use of a handgun, ammuni2 tion, or semiautomatic assault weapon by a

3 juvenile if the handgun, ammunition, or

4 semiautomatic assault weapon is possessed

5 and used by the juvenile—

6 ‘‘(I) in the course of employment;

7 ‘‘(II) in the course of ranching or

8 farming related to activities at the res9 idence of the juvenile (or on property

10 used for ranching or farming at which

11 the juvenile, with the permission of the

12 property owner or lessee, is performing

13 activities related to the operation of the

14 farm or ranch);

15 ‘‘(III) for target practice;

16 ‘‘(IV) for hunting; or

17 ‘‘(V) for a course of instruction in

18 the safe and lawful use of a handgun;

19 ‘‘(ii) a juvenile who is a member of the

20 Armed Forces of the United States or the

21 National Guard who possesses or is armed

22 with a handgun, ammunition, or semiauto23 matic assault weapon in the line of duty;

24 ‘‘(iii) a transfer by inheritance of title

25 (but not possession) of handgun, ammuni-
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1 tion, or semiautomatic assault weapon to a

2 juvenile; or

3 ‘‘(iv) the possession of a handgun, am4 munition, or semiautomatic assault weapon

5 taken in lawful defense of the juvenile or

6 other persons against an intruder into the

7 residence of the juvenile or a residence in

8 which the juvenile is an invited guest.

9 ‘‘(B) TEMPORARY TRANSFERS.—Clause (i)

10 shall apply if—

11 ‘‘(i) the juvenile’s possession and use of

12 a handgun, ammunition, or semiautomatic

13 assault weapon under this paragraph are in

14 accordance with State and local law; and

15 ‘‘(ii)(I)(aa) except when a parent or

16 guardian of the juvenile is in the immediate

17 and supervisory presence of the juvenile, the

18 juvenile, at all times when a handgun, am19 munition, or semiautomatic assault weapon

20 is in the possession of the juvenile, has in

21 the juvenile’s possession the prior written

22 consent of the juvenile’s parent or guardian

23 who is not prohibited by Federal, State, or

24 local law from possessing a firearm or am25 munition; and
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1 ‘‘(bb) during transportation by the ju2 venile directly from the place of transfer to

3 a place at which an activity described in

4 item (aa) is to take place, the firearm is un5 loaded and in a locked container or case,

6 and during the transportation by the juve7 nile of the firearm, directly from the place

8 at which such an activity took place to the

9 transferor, the firearm is unloaded and in

10 a locked container or case; or

11 ‘‘(II) with respect to ranching or farm12 ing activities as described in subparagraph

13 (A)(i)(II)—

14 ‘‘(aa) a juvenile possesses and uses

15 a handgun, ammunition, or semiauto16 matic assault weapon with the prior

17 written approval of the juvenile’s par18 ent or legal guardian;

19 ‘‘(bb) the approval is on file with

20 an adult who is not prohibited by Fed21 eral, State, or local law from pos22 sessing a firearm or ammunition; and

23 ‘‘(cc) the adult is directing the

24 ranching or farming activities of the

25 juvenile.
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1 ‘‘(5) INNOCENT TRANSFERORS.—A handgun, am2 munition, or semiautomatic assault weapon, the pos3 session of which is transferred to a juvenile in cir4 cumstances in which the transferor is not in violation

5 under this subsection, shall not be subject to perma6 nent confiscation by the Government if its possession

7 by the juvenile subsequently becomes unlawful because

8 of the conduct of the juvenile, but shall be returned to

9 the lawful owner when the handgun, ammunition, or

10 semiautomatic assault weapon is no longer required

11 by the Government for the purposes of investigation

12 or prosecution.

13 ‘‘(6) ATTENDANCE BY PARENT OR LEGAL GUARD14 IAN AS CRIMINAL PROCEEDINGS.—In a prosecution of

15 a violation of this subsection, the court—

16 ‘‘(A) shall require the presence of a juvenile

17 defendant’s parent or legal guardian at all pro18 ceedings;

19 ‘‘(B) may use the contempt power to enforce

20 subparagraph (A); and

21 ‘‘(C) may excuse attendance of a parent or

22 legal guardian of a juvenile defendant for good

23 cause.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect 180 days after the date of enactment

3 of this Act.

4 Subtitle G—General Firearm

5 Provisions

6 SEC. 761. NATIONAL INSTANT CRIMINAL BACKGROUND

7 CHECK SYSTEM IMPROVEMENTS.

8 (a) EXPEDITED ACTION BY THE ATTORNEY GEN9 ERAL.—

10 (1) IN GENERAL.—The Attorney General shall

11 expedite—

12 (A) not later than 90 days after the date of

13 enactment of this section, a study of the feasi14 bility of developing—

15 ‘‘(i) a single fingerprint convicted of16 fender database in the Federal criminal

17 records system maintained by the Federal

18 Bureau of Investigation; and

19 (ii) procedures under which a licensed

20 firearm dealer may voluntarily transmit to

21 the National Instant Check System a single

22 digitalized fingerprint for prospective fire23 arms transferees;

24 (B) the provision of assistance to States,

25 under the Crime Identification Technology Act of
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1 1998 (112 Stat. 1871), in gaining access to

2 records in the National Instant Check System

3 disclosing the disposition of State criminal cases;

4 and

5 (C) development of a procedure for the col6 lection of data identifying persons that are pro7 hibited from possessing a firearm by section

8 922(g) of title 18, United States Code, including

9 persons adjudicated as a mental defective, per10 sons committed to a mental institution, and per11 sons subject to a domestic violence restraining

12 order.

13 (2) CONSIDERATIONS.—In developing procedures

14 under paragraph (1), the Attorney General shall con15 sider the privacy needs of individuals.

16 (b) COMPATIBILITY OF BALLISTICS INFORMATION SYS17 TEMS.—The Attorney General and the Secretary of the

18 Treasury shall ensure the integration and interoperability

19 of ballistics identification systems maintained by the Fed20 eral Bureau of Investigation and the Bureau of Alcohol, To21 bacco, and Firearms through the National Integrated Bal22 listics Information Network.

23 (c) FORENSIC LABORATORY INSPECTION.—The Attor24 ney General shall provide financial assistance to the Amer25 ican Academy of Forensic Science Laboratory Accreditation
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1 Board to be used to facilitate forensic laboratory inspection

2 activities.

3 (d) RELIEF FROM DISABILITY DATABASE.—Section

4 925(c) of title 18, United States Code, is amended—

5 (1) by striking ‘‘(c) A person’’ and inserting the

6 following:

7 ‘‘(c) RELIEF FROM DISABILITIES.—

8 ‘‘(1) IN GENERAL.—A person’’; and

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

10 ‘‘(2) DATABASE.—The Secretary shall establish a

11 database, accessible through the National Instant

12 Check System, identifying persons who have been

13 granted relief from disability under paragraph (1).’’.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated for fiscal year 2000—

16 (1) to pay the costs of the Federal Bureau of In17 vestigation in operating the National Instant Check

18 System, $68,000,000;

19 (2) for payments to States that act as points of

20 contact for access to the National Instant Check Sys21 tem, $40,000,000;

22 (3) to carry out subsection (a)(1), $40,000,000;

23 (4) to carry out subsection (a)(3), $25,000,000;

24 (5) to carry out subsection (b), $1,150,000; and

25 (6) to carry out subsection (c), $1,000,000.
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1 (f) INCREASED AUTHORIZATION.—Section 102(e)(1) of

2 the Crime Identification Technology Act of 1998 (42 U.S.C.

3 14601(e)(1)) is amended by striking ‘‘this section’’ and all

4 that follows and inserting ‘‘this section—

5 ‘‘(A) $250,000,000 for fiscal year 1999;

6 ‘‘(B) $350,000,000 for each of fiscal years

7 2000 through 2003.’’.

8 TITLE VIII—ENHANCED

9 PENALTIES

10 SEC. 801. STRAW PURCHASES.

11 (a) IN GENERAL.—Section 924(a) of title 18, United

12 States Code, is amended by adding at the end the following:

13 ‘‘(7)(A) Notwithstanding paragraph (2), whoever

14 knowingly violates section 922(a)(6) for the purpose

15 of selling, delivering, or otherwise transferring a fire16 arm, knowing or having reasonable cause to know

17 that another person will carry or otherwise possess or

18 discharge or otherwise use the firearm in the commis19 sion of a violent felony, shall be—

20 ‘‘(i) fined under this title, imprisoned not

21 more than 15 years, or both; or

22 ‘‘(ii) imprisoned not less than 10 and not

23 more than 20 years and fined under this title, if

24 the procurement is for a juvenile.

25 ‘‘(B) In this paragraph—
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1 ‘‘(i) the term ‘juvenile’ has the meaning

2 given the term in section 922(x); and

3 ‘‘(ii) the term ‘violent felony’ has the mean4 ing given the term in subsection (e)(2)(B).’’.

5 (b) EFFECTIVE DATE.—The amendment made by this

6 section shall take effect 180 days after the date of enactment

7 of this Act.

8 SEC. 802. STOLEN FIREARMS.

9 (a) IN GENERAL.—Section 924 of title 18, United

10 States Code, is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (2), by striking ‘‘(i), (j),’’;

13 and

14 (B) by adding at the end the following:

15 ‘‘(8) Whoever knowingly violates subsection (i) or (j)

16 of section 922 shall be fined under this title, imprisoned

17 not more than 15 years, or both.’’;

18 (2) in subsection (i)(1), by striking by striking

19 ‘‘10 years, or both’’ and inserting ‘‘15 years, or both’’;

20 and

21 (3) in subsection (l), by striking ‘‘10 years, or

22 both’’ and inserting ‘‘15 years, or both’’.

23 (b) SENTENCING COMMISSION.—The United States

24 Sentencing Commission shall amend the Federal sentencing
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1 guidelines to reflect the amendments made by subsection

2 (a).

3 SEC. 803. INCREASE IN PENALTIES FOR CRIMES INVOLVING

4 FIREARMS.

5 Section 924 of title 18, United States Code, is

6 amended—

7 (1) in subsection (c)(1)(A)—

8 (A) in clause (iii), by striking ‘‘10 years.’’

9 and inserting ‘‘12 years; and’’; and

10 (B) by adding at the end the following:

11 ‘‘(iv) if the firearm is used to injure

12 another person, be sentenced to a term of

13 imprisonment of not less than 15 years.’’;

14 and

15 (2) in subsection (h), by striking ‘‘imprisoned

16 not more than 10 years’’ and inserting ‘‘imprisoned

17 not less than 5 years and not more than 10 years’’.

18 SEC. 804. INCREASED PENALTIES FOR DISTRIBUTING

19 DRUGS TO MINORS.

20 Section 418 of the Controlled Substances Act (21

21 U.S.C. 859) is amended—

22 (1) in subsection (a), by striking ‘‘one year’’ and

23 inserting ‘‘3 years’’; and

24 (2) in subsection (b), by striking ‘‘one year’’ and

25 inserting ‘‘5 years’’.
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1 SEC. 805. INCREASED PENALTY FOR DRUG TRAFFICKING IN

2 OR NEAR A SCHOOL OR OTHER PROTECTED

3 LOCATION.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) in subsection (a), by striking ‘‘one year’’ and

7 inserting ‘‘3 years’’; and

8 (2) in subsection (b), by striking ‘‘three years’’

9 each place that term appears and inserting ‘‘5 years’’.

10 TITLE IX—CHILD HANDGUN

11 SAFETY

12 SEC. 901. SHORT TITLE.

13 This title may be cited as the ‘‘Safe Handgun Storage

14 and Child Handgun Safety Act of 1999’’.

15 SEC. 902. PURPOSES.

16 The purposes of this title are as follows:

17 (1) To promote the safe storage and use of hand18 guns by consumers.

19 (2) To prevent unauthorized persons from gain20 ing access to or use of a handgun, including children

21 who may not be in possession of a handgun, unless

22 it is under one of the circumstances provided for in

23 the Youth Handgun Safety Act.

24 (3) To avoid hindering industry from supplying

25 law abiding citizens firearms for all lawful purposes,
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1 including hunting, self-defense, collecting and com2 petitive or recreational shooting.

3 SEC. 903. FIREARMS SAFETY.

4 (a) UNLAWFUL ACTS.—

5 (1) MANDATORY TRANSFER OF SECURE GUN

6 STORAGE OR SAFETY DEVICE.—Section 922 of title

7 18, United States Code, is amended by inserting after

8 subsection (y) the following:

9 ‘‘(z) SECURE GUN STORAGE OR SAFETY DEVICE.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), it shall be unlawful for any licensed manu12 facturer, licensed importer, or licensed dealer to sell,

13 deliver, or transfer any handgun to any person other

14 than any person licensed under the provisions of this

15 chapter, unless the transferee is provided with a se16 cure gun storage or safety device, as described in sec17 tion 921(a)(35) of this chapter, for that handgun.

18 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

19 apply to the—

20 ‘‘(A)(i) manufacture for, transfer to, or pos21 session by, the United States or a State or a de22 partment or agency of the United States, or a

23 State or a department, agency, or political sub24 division of a State, of a handgun; or
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1 ‘‘(ii) transfer to, or possession by, a

2 law enforcement officer employed by an en3 tity referred to in clause (i) of a handgun

4 for law enforcement purposes (whether on or

5 off duty); or

6 ‘‘(B) transfer to, or possession by, a rail po7 lice officer employed by a rail carrier and cer8 tified or commissioned as a police officer under

9 the laws of a State of a handgun for purposes of

10 law enforcement (whether on or off duty);

11 ‘‘(C) transfer to any person of a handgun

12 listed as a curio or relic by the Secretary pursu13 ant to section 921(a)(13); or

14 ‘‘(D) transfer to any person of a handgun

15 for which a secure gun storage or safety device

16 is temporarily unavailable for the reasons de17 scribed in the exceptions stated in section 923(e):

18 Provided, That the licensed manufacturer, li19 censed importer, or licensed dealer delivers to the

20 transferee within 10 calendar days from the date

21 of the delivery of the handgun to the transferee

22 a secure gun storage or safety device for the

23 handgun.

24 ‘‘(3) LIABILITY FOR USE.—(A) Notwithstanding

25 any other provision of law, a person who has lawful
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1 possession and control of a handgun, and who uses a

2 secure gun storage or safety device with the handgun,

3 shall be entitled to immunity from a civil liability

4 action as described in this paragraph.

5 ‘‘(B) PROSPECTIVE ACTIONS.—A qualified civil

6 liability action may not be brought in any Federal or

7 State court. The term ‘qualified civil liability action’

8 means a civil action brought by any person against

9 a person described in subparagraph (A) for damages

10 resulting from the criminal or unlawful misuse of the

11 handgun by a third party, where—

12 ‘‘(i) the handgun was accessed by another

13 person who did not have the permission or au14 thorization of the person having lawful posses15 sion and control of the handgun to have access

16 to it; and

17 ‘‘(ii) at the time access was gained by the

18 person not so authorized, the handgun had been

19 made inoperable by use of a secure gun storage

20 or safety device.

21 A ‘qualified civil liability action’ shall not include an

22 action brought against the person having lawful pos23 session and control of the handgun for negligent en24 trustment or negligence per se.’’.
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1 (b) CIVIL PENALTIES.—Section 924 of title 18, United

2 States Code, is amended—

3 (1) in subsection (a)(1), by striking ‘‘or (f)’’ and

4 inserting ‘‘(f), or (p)’’; and

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

6 ‘‘(p) PENALTIES RELATING TO SECURE GUN STORAGE

7 OR SAFETY DEVICE.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) SUSPENSION OR REVOCATION OF LI10 CENSE; CIVIL PENALTIES.—With respect to each

11 violation of section 922(z)(1) by a licensed man12 ufacturer, licensed importer, or licensed dealer,

13 the Secretary may, after notice and opportunity

14 for hearing—

15 ‘‘(i) suspend for up to six months, or

16 revoke, the license issued to the licensee

17 under this chapter that was used to conduct

18 the firearms transfer; or

19 ‘‘(ii) subject the licensee to a civil pen20 alty in an amount equal to not more than

21 $2,500.

22 ‘‘(B) REVIEW.—An action of the Secretary

23 under this paragraph may be reviewed only as

24 provided in section 923(f).
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1 ‘‘(2) ADMINISTRATIVE REMEDIES.—The suspen2 sion or revocation of a license or the imposition of a

3 civil penalty under paragraph (1) does not preclude

4 any administrative remedy that is otherwise available

5 to the Secretary.’’.

6 (c) LIABILITY; EVIDENCE.—

7 (1) LIABILITY.—Nothing in this title shall

8 be construed to—

9 (A) create a cause of action against any

10 Federal firearms licensee or any other person for

11 any civil liability; or

12 (B) establish any standard of care.

13 (2) EVIDENCE.—Notwithstanding any other pro14 vision of law, evidence regarding compliance or non15 compliance with the amendments made by this title

16 shall not be admissible as evidence in any proceeding

17 of any court, agency, board, or other entity, except

18 with respect to an action to enforce paragraphs (1)

19 and (2) of section 922(z), or to give effect to para20 graph (3) of section 922(z).

21 (3) RULE OF CONSTRUCTION.—Nothing in this

22 subsection shall be construed to bar a governmental

23 action to impose a penalty under section 924(p) of

24 title 18, United States Code, for a failure to comply

25 with section 922(z) of that title.
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1 SEC. 904. EFFECTIVE DATE.

2 This title and the amendments made by this title shall

3 take effect 180 days after the date of enactment of this Act.

4 TITLE X—SCHOOL SAFETY AND

5 VIOLENCE PREVENTION

6 SEC. 1001. SCHOOL SAFETY AND VIOLENCE PREVENTION.

7 Title XIV of the Elementary and Secondary Education

8 Act of 1965 (20 U.S.C. 8801 et seq.) is amended by adding

9 at the end the following:

10 ‘‘PART I—SCHOOL SAFETY AND VIOLENCE

11 PREVENTION

12 ‘‘SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

13 ‘‘Notwithstanding any other provision of titles IV and

14 VI, funds made available under such titles may be used

15 for—

16 ‘‘(1) training, including in-service training, for

17 school personnel (including custodians and bus driv18 ers), with respect to—

19 ‘‘(A) identification of potential threats, such

20 as illegal weapons and explosive devices;

21 ‘‘(B) crisis preparedness and intervention

22 procedures; and

23 ‘‘(C) emergency response;

24 ‘‘(2) training for parents, teachers, school per25 sonnel and other interested members of the commu-
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1 nity regarding the identification and responses to

2 early warning signs of troubled and violent youth;

3 ‘‘(3) innovative research-based delinquency and

4 violence prevention programs, including—

5 ‘‘(A) school anti-violence programs; and

6 ‘‘(B) mentoring programs;

7 ‘‘(4) comprehensive school security assessments;

8 ‘‘(5) purchase of school security equipment and

9 technologies, such as—

10 ‘‘(A) metal detectors;

11 ‘‘(B) electronic locks; and

12 ‘‘(C) surveillance cameras;

13 ‘‘(6) collaborative efforts with community-based

14 organizations, including faith-based organizations,

15 statewide consortia, and law enforcement agencies,

16 that have demonstrated expertise in providing effec17 tive, research-based violence prevention and interven18 tion programs to school aged children;

19 ‘‘(7) providing assistance to States, local edu20 cational agencies, or schools to establish school uni21 form policies;

22 ‘‘(8) school resource officers, including commu23 nity policing officers; and

24 ‘‘(9) other innovative, local responses that are

25 consistent with reducing incidents of school violence
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1 and improving the educational atmosphere of the

2 classroom.’’.

3 SEC. 1002. STUDY.

4 (a) STUDY.—The Comptroller General shall carry out

5 a study regarding school safety issues, including

6 examining—

7 (1) incidents of school-based violence in the

8 United States;

9 (2) impediments to combating school-based vio10 lence, including local, state, and Federal education

11 and law enforcement impediments;

12 (3) promising initiatives for addressing school13 based violence;

14 (4) crisis preparedness of school personnel;

15 (5) preparedness of local, State, and Federal law

16 enforcement to address incidents of school-based vio17 lence; and

18 (6) evaluating current school violence prevention

19 programs.

20 (b) REPORT.—The Comptroller General shall prepare

21 and submit to Congress a report regarding the results of

22 the study conducted under paragraph (1).
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1 SEC. 1003. SCHOOL UNIFORMS.

2 Part E of title XIV of the Elementary and Secondary

3 Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended

4 by adding at the end the following:

5 ‘‘SEC. 14515. SCHOOL UNIFORMS.

6 ‘‘(a) CONSTRUCTION.—Nothing in this Act shall be

7 construed to prohibit any State, local educational agency,

8 or school from establishing a school uniform policy.

9 ‘‘(b) FUNDING.—Notwithstanding any other provision

10 of law, funds provided under titles IV and VI may be used

11 for establishing a school uniform policy.’’.

12 SEC. 1004. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

13 Part F of title XIV of the Elementary and Secondary

14 Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended

15 by adding after section 14603 (20 U.S.C. 8923) the fol16 lowing:

17 ‘‘SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY

18 RECORDS.

19 ‘‘(a) NONAPPLICATION OF PROVISIONS.—The provi20 sions of this section shall not apply to any disciplinary

21 records transferred from a private, parochial, or other non22 public school, person, institution, or other entity, that pro23 vides education below the college level.

24 ‘‘(b) DISCIPLINARY RECORDS.—Not later than 2 years

25 after the date of enactment of the Violent and Repeat Juve26 nile Offender Accountability and Rehabilitation Act of
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1 1999, each State receiving Federal funds under this Act

2 shall provide an assurance to the Secretary that the State

3 has a procedure in place to facilitate the transfer of discipli4 nary records by local educational agencies to any private

5 or public elementary school or secondary school for any stu6 dent who is enrolled or seeks, intends, or is instructed to

7 enroll, full-time or part-time, in the school.

8 SEC. 1005. SCHOOL VIOLENCE RESEARCH.

9 The Attorney General shall establish at the National

10 Center for Rural Law Enforcement in Little Rock, Arkan11 sas, a research center that shall serve as a resource center

12 or clearinghouse for school violence research. The research

13 center shall conduct, compile, and publish school violence

14 research and otherwise conduct activities related to school

15 violence research, including—

16 (1) the collection, categorization, and analysis of

17 data from students, schools, communities, parents,

18 law enforcement agencies, medical providers, and oth19 ers for use in efforts to improve school security and

20 otherwise prevent school violence;

21 (2) the identification and development of strate22 gies to prevent school violence; and

23 (3) the development and implementation of cur24 ricula designed to assist local educational agencies
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1 and law enforcement agencies in the prevention of or

2 response to school violence.

3 SEC. 1006. NATIONAL CHARACTER ACHIEVEMENT AWARD.

4 (a) PRESENTATION AUTHORIZED.—The President is

5 authorized to award to individuals under the age of 18, on

6 behalf of the Congress, a National Character Achievement

7 Award, consisting of medal of appropriate design, with rib8 bons and appurtenances, honoring those individuals for dis9 tinguishing themselves as a model of good character.

10 (b) DESIGN AND STRIKING.—For the purposes of the

11 award referred to in subsection (a), the Secretary of the

12 Treasury shall design and strike a medal with suitable em13 blems, devices, and inscriptions, to be determined by the

14 Secretary.

15 (c) ELIGIBILITY.—

16 (1) IN GENERAL.—The President pro tempore of

17 the Senate and the Speaker of the House of Represent18 atives shall establish procedures for processing rec19 ommendations to be forwarded to the President for

20 awarding National Character Achievement Award

21 under subsection (a).

22 (2) RECOMMENDATIONS BY SCHOOL PRIN23 CIPALS.—At a minimum, the recommendations re24 ferred to in paragraph (1) shall contain the endorse25 ment of the principal (or equivalent official) of the
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1 school in which the individual under the age of 18 is

2 enrolled.

3 SEC. 1007. NATIONAL COMMISSION ON CHARACTER DEVEL4 OPMENT.

5 (a) ESTABLISHMENT.—There is established a commis6 sion to be known as the National Commission on Character

7 Development (referred to in this section as the ‘‘Commis8 sion’’).

9 (b) MEMBERSHIP.—

10 (1) APPOINTING AUTHORITY.—The Commission

11 shall consist of 36 members, of whom—

12 (A) 12 shall be appointed by the President;

13 (B) 12 shall be appointed by the Speaker of

14 the House of Representatives; and

15 (C) 12 shall be appointed by the President

16 pro tempore of the Senate, on the recommenda17 tion of the majority and minority leaders of the

18 Senate.

19 (2) COMPOSITION.—The President, the Speaker

20 of the House of Representatives, and the President pro

21 tempore of the Senate shall each appoint as members

22 of the Commission—

23 (A) 1 parent;

24 (B) 1 student;
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1 (C) 2 representatives of the entertainment

2 industry (including the segments of the industry

3 relating to audio, video, and multimedia enter4 tainment);

5 (D) 2 members of the clergy;

6 (E) 2 representatives of the information or

7 technology industry;

8 (F) 1 local law enforcement official;

9 (G) 2 individuals who have engaged in aca10 demic research with respect to the impact of cul11 tural influences on child development and juve12 nile crime; and

13 (H) 1 representative of a grassroots organi14 zation engaged in community and child inter15 vention programs.

16 (3) PERIOD OF APPOINTMENT.—Members shall be

17 appointed for the life of the Commission. Any va18 cancy in the Commission shall not affect its powers,

19 but shall be filled in the same manner as the original

20 appointment.

21 (c) DUTIES OF THE COMMISSION.—

22 (1) STUDY.—The Commission shall study and

23 make recommendations with respect to the impact of

24 current cultural influences (as of the date of the

25 study) on the process of developing and instilling the
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1 key aspects of character, which include trust2 worthiness, honesty, integrity, an ability to keep

3 promises, loyalty, respect, responsibility, fairness, a

4 caring nature, and good citizenship.

5 (2) REPORTS.—

6 (A) INTERIM REPORTS.—The Commission

7 shall submit to the President and Congress such

8 interim reports relating to the study as the Com9 mission considers to be appropriate.

10 (B) FINAL REPORT.—Not later than 2 years

11 after the date of the enactment of this Act, the

12 Commission shall submit a final report to the

13 President and Congress that shall contain a de14 tailed statement of the findings and conclusions

15 of the Commission resulting from the study, to16 gether with recommendations for such legislation

17 and administrative actions as the Commission

18 considers to be appropriate.

19 (d) CHAIRPERSON.—The Commission shall select a

20 Chairperson from among the members of the Commission.

21 (e) POWERS OF THE COMMISSION.—

22 (1) HEARINGS.—The Commission may hold such

23 hearings, sit and act at such times and places, take

24 such testimony, and receive such evidence as the Com-
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1 mission considers advisable to carry out the purposes

2 of this Act.

3 (2) INFORMATION FROM FEDERAL AGENCIES.—

4 The Commission may secure directly from any Fed5 eral department or agency such information as the

6 Commission considers necessary to carry out the pro7 visions of this Act. Upon request of the Chairman of

8 the Commission, the head of such department or agen9 cy shall furnish such information to the Commission.

10 (3) POSTAL SERVICES.—The Commission may

11 use the United States mails in the same manner and

12 under the same conditions as other departments and

13 agencies of the Federal Government.

14 (4) GIFTS.—The Commission may accept, use,

15 and dispose of gifts or donations of services or prop16 erty.

17 (f) COMMISSION PERSONNEL MATTERS.—

18 (1) TRAVEL EXPENSES.—The members of the

19 Commission shall not receive compensation for the

20 performance of services for the Commission, but shall

21 be allowed travel expenses, including per diem in lieu

22 of subsistence, at rates authorized for employees of

23 agencies under subchapter I of chapter 57 of title 5,

24 United States Code, while away from their homes or
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1 regular places of business in the performance of serv2 ices for the Commission.

3 (2) DETAIL OF GOVERNMENT EMPLOYEES.—Any

4 Federal Government employee may be detailed to the

5 Commission without reimbursement, and the detail

6 shall be without interruption or loss of civil service

7 status or privilege.

8 (g) PERMANENT COMMISSION.—Section 14 of the Fed9 eral Advisory Committee Act (5 U.S.C. App.) shall not

10 apply to the Commission.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to carry out this section such

13 sums as may be necessary for each of fiscal years 2000 and

14 2001.

15 SEC. 1008. JUVENILE ACCESS TO TREATMENT.

16 (a) COORDINATED JUVENILE SERVICES GRANTS.—

17 Title II of the Juvenile Justice and Delinquency Prevention

18 Act of 1974 (42 U.S.C. 5611 et seq.) is amended by insert19 ing after section 205 the following:

20 ‘‘SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

21 ‘‘(a) IN GENERAL.—The Attorney General, in con22 sultation with the Secretary of Health and Human Serv23 ices, working in conjunction with the Center for Substance

24 Abuse of the Substance Abuse and Mental Health Services

25 Administration, may make grants to a consortium within
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1 a State of State or local juvenile justice agencies or State

2 or local substance abuse and mental health agencies, and

3 child service agencies to coordinate the delivery of services

4 to children among these agencies. Any public agency may

5 serve as the lead entity for the consortium.

6 ‘‘(b) USE OF FUNDS.—A consortium described in sub7 section (a) that receives a grant under this section shall use

8 the grant for the establishment and implementation of pro9 grams that address the service needs of adolescents with sub10 stance abuse or mental health treatment problems, includ11 ing those who come into contact with the justice system by

12 requiring the following:

13 ‘‘(1) Collaboration across child serving systems,

14 including juvenile justice agencies, relevant public

15 and private substance abuse and mental health treat16 ment providers, and State or local educational enti17 ties and welfare agencies.

18 ‘‘(2) Appropriate screening and assessment of ju19 veniles.

20 ‘‘(3) Individual treatment plans.

21 ‘‘(4) Significant involvement of juvenile judges

22 where appropriate.

23 ‘‘(c) APPLICATION FOR COORDINATED JUVENILE

24 SERVICES GRANT.—
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1 ‘‘(1) IN GENERAL.—A consortium described in

2 subsection (a) desiring to receive a grant under this

3 section shall submit an application containing such

4 information as the Administrator may prescribe.

5 ‘‘(2) CONTENTS.—In addition to guidelines es6 tablished by the Administrator, each application sub7 mitted under paragraph (1) shall provide—

8 ‘‘(A) certification that there has been appro9 priate consultation with all affected agencies and

10 that there will be appropriate coordination with

11 all affected agencies in the implementation of the

12 program;

13 ‘‘(B) for the regular evaluation of the pro14 gram funded by the grant and describe the meth15 odology that will be used in evaluating the pro16 gram;

17 ‘‘(C) assurances that the proposed program

18 or activity will not supplant similar programs

19 and activities currently available in the commu20 nity; and

21 ‘‘(D) specify plans for obtaining necessary

22 support and continuing the proposed program

23 following the conclusion of Federal support.
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1 ‘‘(3) FEDERAL SHARE.—The Federal share of a

2 grant under this section shall not exceed 75 percent

3 of the cost of the program.

4 ‘‘(d) REPORT.—Each recipient of a grant under this

5 section during a fiscal year shall submit to the Attorney

6 General a report regarding the effectiveness of programs es7 tablished with the grant on the date specified by the Attor8 ney General.

9 ‘‘(e) FUNDING.—Grants under this section shall be con10 sidered an allowable use under section 205(a) and subtitle

11 B.’’.

12 SEC. 1009. BACKGROUND CHECKS.

13 Section 5(9) of the National Child Protection Act of

14 1993 (42 U.S.C. 5119c(9)) is amended—

15 (1) in subparagraph (A)(i), by inserting ‘‘(in16 cluding an individual who is employed by a school in

17 any capacity, including as a child care provider, a

18 teacher, or another member of school personnel)’’ be19 fore the semicolon; and

20 (2) in subparagraph (B)(i), by inserting ‘‘(in21 cluding an individual who seeks to be employed by a

22 school in any capacity, including as a child care pro23 vider, a teacher, or another member of school per24 sonnel)’’ before the semicolon.
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1 SEC. 1010. DRUG TESTS.

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

3 ‘‘School Violence Prevention Act’’.

4 (b) AMENDMENT.—Section 4116(b) of the Elementary

5 and Secondary Education Act of 1965 (20 U.S.C. 7116(b))

6 is amended—

7 (1) in paragraph (9), by striking ‘‘and’’ after the

8 semicolon;

9 (2) by redesignating paragraph (10) as para10 graph (11); and

11 (3) by inserting after paragraph (9) the fol12 lowing:

13 ‘‘(10) consistent with the fourth amendment to

14 the Constitution of the United States, testing a stu15 dent for illegal drug use, including at the request of

16 or with the consent of a parent or legal guardian of

17 the student, if the local educational agency elects to

18 so test; and’’.

19 SEC. 1011. SENSE OF THE SENATE.

20 It is the sense of the Senate that States receiving Fed21 eral elementary and secondary education funding should re22 quire local educational agencies to conduct, for each of their

23 employees (regardless of when hired) and prospective em24 ployees, a nationwide background check for the purpose of

25 determining whether the employee has been convicted of a

26 crime that bears upon his fitness to have responsibility for
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1 the safety or well-being of children, to serve in the par2 ticular capacity in which he is (or is to be) employed, or

3 otherwise to be employed at all thereby.

4 TITLE XI—TEACHER LIABILITY

5 PROTECTION ACT

6 SEC. 1101. SHORT TITLE.

7 This title may be cited as the ‘‘Teacher Liability Pro8 tection Act of 1999’’.

9 SEC. 1102. FINDINGS AND PURPOSE.

10 (a) FINDINGS.—Congress makes the following findings:

11 (1) The ability of teachers, principals and other

12 school professionals to teach, inspire and shape the in13 tellect of our Nation’s elementary and secondary

14 school students is deterred and hindered by frivolous

15 lawsuits and litigation.

16 (2) Each year more and more teachers, prin17 cipals and other school professionals face lawsuits for

18 actions undertaken as part of their duties to provide

19 millions of school children quality educational oppor20 tunities.

21 (3) Too many teachers, principals and other

22 school professionals face increasingly severe and ran23 dom acts of violence in the classroom and in schools.

24 (4) Providing teachers, principals and other

25 school professionals a safe and secure environment is
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1 an important part of the effort to improve and ex2 pand educational opportunities.

3 (5) Clarifying and limiting the liability of teach4 ers, principals and other school professionals who un5 dertake reasonable actions to maintain order, dis6 cipline and an appropriate educational environment

7 is an appropriate subject of Federal legislation

8 because—

9 (A) the national scope of the problems cre10 ated by the legitimate fears of teachers, prin11 cipals and other school professionals about frivo12 lous, arbitrary or capricious lawsuits against

13 teachers; and

14 (B) millions of children and their families

15 across the Nation depend on teachers, principals

16 and other school professionals for the intellectual

17 development of the children.

18 (b) PURPOSE.—The purpose of this title is to provide

19 teachers, principals and other school professionals the tools

20 they need to undertake reasonable actions to maintain

21 order, discipline and an appropriate educational environ22 ment.
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1 SEC. 1103. PREEMPTION AND ELECTION OF STATE NON2 APPLICABILITY.

3 (a) PREEMPTION.—This title preempts the laws of any

4 State to the extent that such laws are inconsistent with this

5 title, except that this title shall not preempt any State law

6 that provides additional protection from liability relating

7 to teachers.

8 (b) ELECTION OF STATE REGARDING NONAPPLICA9 BILITY.—This title shall not apply to any civil action in

10 a State court against a teacher in which all parties are

11 citizens of the State if such State enacts a statute in accord12 ance with State requirements for enacting legislation—

13 (1) citing the authority of this subsection;

14 (2) declaring the election of such State that this

15 title shall not apply, as of a date certain, to such civil

16 action in the State; and

17 (3) containing no other provisions.

18 SEC. 1104. LIMITATION ON LIABILITY FOR TEACHERS.

19 (a) LIABILITY PROTECTION FOR TEACHERS.—Except

20 as provided in subsections (b) and (d), no teacher in a

21 school shall be liable for harm caused by an act or omission

22 of the teacher on behalf of the school if—

23 (1) the teacher was acting within the scope of the

24 teacher’s employment or responsibilities related to

25 providing educational services;
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1 (2) the actions of the teacher were carried out in

2 conformity with local, state, or federal laws, rules or

3 regulations in furtherance of efforts to control, dis4 cipline, expel, or suspend a student or maintain order

5 or control in the classroom or school;

6 (3) if appropriate or required, the teacher was

7 properly licensed, certified, or authorized by the ap8 propriate authorities for the activities or practice in

9 the State in which the harm occurred, where the ac10 tivities were or practice was undertaken within the

11 scope of the teacher’s responsibilities;

12 (4) the harm was not caused by willful or crimi13 nal misconduct, gross negligence, reckless misconduct,

14 or a conscious, flagrant indifference to the rights or

15 safety of the individual harmed by the teacher; and

16 (5) the harm was not caused by the teacher oper17 ating a motor vehicle, vessel, aircraft, or other vehicle

18 for which the State requires the operator or the owner

19 of the vehicle, craft, or vessel to—

20 (A) possess an operator’s license; or

21 (B) maintain insurance.

22 (b) CONCERNING RESPONSIBILITY OF TEACHERS TO

23 SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this

24 section shall be construed to affect any civil action brought
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1 by any school or any governmental entity against any

2 teacher of such school.

3 (c) NO EFFECT ON LIABILITY OF SCHOOL OR GOVERN4 MENTAL ENTITY.—Nothing in this section shall be con5 strued to affect the liability of any school or governmental

6 entity with respect to harm caused to any person.

7 (d) EXCEPTIONS TO TEACHER LIABILITY PROTEC8 TION.—If the laws of a State limit teacher liability subject

9 to one or more of the following conditions, such conditions

10 shall not be construed as inconsistent with this section:

11 (1) A State law that requires a school or govern12 mental entity to adhere to risk management proce13 dures, including mandatory training of teachers.

14 (2) A State law that makes the school or govern15 mental entity liable for the acts or omissions of its

16 teachers to the same extent as an employer is liable

17 for the acts or omissions of its employees.

18 (3) A State law that makes a limitation of li19 ability inapplicable if the civil action was brought by

20 an officer of a State or local government pursuant to

21 State or local law.

22 (e) LIMITATION ON PUNITIVE DAMAGES BASED ON

23 THE ACTIONS OF TEACHERS.—

24 (1) GENERAL RULE.—Punitive damages may not

25 be awarded against a teacher in an action brought for
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1 harm based on the action of a teacher acting within

2 the scope of the teacher’s responsibilities to a school or

3 governmental entity unless the claimant establishes by

4 clear and convincing evidence that the harm was

5 proximately caused by an action of such teacher

6 which constitutes willful or criminal misconduct, or

7 a conscious, flagrant indifference to the rights or safe8 ty of the individual harmed.

9 (2) CONSTRUCTION.—Paragraph (1) does not

10 create a cause of action for punitive damages and

11 does not preempt or supersede any Federal or State

12 law to the extent that such law would further limit

13 the award of punitive damages.

14 (f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—

15 (1) IN GENERAL.—The limitations on the liabil16 ity of a teacher under this title shall not apply to any

17 misconduct that—

18 (A) constitutes a crime of violence (as that

19 term is defined in section 16 of title 18, United

20 States Code) or act of international terrorism (as

21 that term is defined in section 2331 of title 18,

22 United States Code) for which the defendant has

23 been convicted in any court;
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1 (B) involves a sexual offense, as defined by

2 applicable State law, for which the defendant has

3 been convicted in any court;

4 (C) involves misconduct for which the de5 fendant has been found to have violated a Fed6 eral or State civil rights law; or

7 (D) where the defendant was under the in8 fluence (as determined pursuant to applicable

9 State law) of intoxicating alcohol or any drug at

10 the time of the misconduct.

11 (2) RULE OF CONSTRUCTION.—Nothing in this

12 subsection shall be construed to effect subsection (a)(3)

13 or (e).

14 SEC. 1105. LIABILITY FOR NONECONOMIC LOSS.

15 (a) GENERAL RULE.—In any civil action against a

16 teacher, based on an action of a teacher acting within the

17 scope of the teacher’s responsibilities to a school or govern18 mental entity, the liability of the teacher for noneconomic

19 loss shall be determined in accordance with subsection (b).

20 (b) AMOUNT OF LIABILITY.—

21 (1) IN GENERAL.—Each defendant who is a

22 teacher, shall be liable only for the amount of non23 economic loss allocated to that defendant in direct

24 proportion to the percentage of responsibility of that

25 defendant (determined in accordance with paragraph
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1 (2)) for the harm to the claimant with respect to

2 which that defendant is liable. The court shall render

3 a separate judgment against each defendant in an

4 amount determined pursuant to the preceding sen5 tence.

6 (2) PERCENTAGE OF RESPONSIBILITY.—For pur7 poses of determining the amount of noneconomic loss

8 allocated to a defendant who is a teacher under this

9 section, the trier of fact shall determine the percentage

10 of responsibility of that defendant for the claimant’s

11 harm.

12 SEC. 1106. DEFINITIONS.

13 For purposes of this title:

14 (1) ECONOMIC LOSS.—The term ‘‘economic loss’’

15 means any pecuniary loss resulting from harm (in16 cluding the loss of earnings or other benefits related

17 to employment, medical expense loss, replacement

18 services loss, loss due to death, burial costs, and loss

19 of business or employment opportunities) to the extent

20 recovery for such loss is allowed under applicable

21 State law.

22 (2) HARM.—The term ‘‘harm’’ includes physical,

23 nonphysical, economic, and noneconomic losses.

24 (3) NONECONOMIC LOSSES.—The term ‘‘non25 economic losses’’ means losses for physical and emo-
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1 tional pain, suffering, inconvenience, physical im2 pairment, mental anguish, disfigurement, loss of en3 joyment of life, loss of society and companionship,

4 loss of consortium (other than loss of domestic serv5 ice), hedonic damages, injury to reputation and all

6 other nonpecuniary losses of any kind or nature.

7 (4) SCHOOL.—The term ‘‘school’’ means a public

8 or private kindergarten, a public or private elemen9 tary school or secondary school (as defined in section

10 14101 of the Elementary and Secondary Education

11 Act of 1965 (20 U.S.C. 8801)), or a home school.

12 (5) STATE.—The term ‘‘State’’ means each of the

13 several States of the United States, the District of Co14 lumbia, the Commonwealth of Puerto Rico, the

15 United States Virgin Islands, Guam, American

16 Samoa, the Commonwealth of the Northern Mariana

17 Islands, any other territory or possession of the

18 United States, or any political subdivision of any

19 such State, territory, or possession.

20 (6) TEACHER.—The term ‘‘teacher’’ means a

21 teacher, instructor, principal, administrator, or other

22 educational professional, that works in a school.

23 SEC. 1107. EFFECTIVE DATE.

24 (a) IN GENERAL.—This title shall take effect 90 days

25 after the date of enactment of this Act.
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1 (b) APPLICATION.—This title applies to any claim for

2 harm caused by an act or omission of a teacher where that

3 claim is filed on or after the effective date of this Act, with4 out regard to whether the harm that is the subject of the

5 claim or the conduct that caused the harm occurred before

6 such effective date.

7 TITLE XII—VIOLENCE PREVEN8 TION TRAINING FOR EARLY

9 CHILDHOOD EDUCATORS

10 SEC. 1201. SHORT TITLE.

11 This title may be cited as the ‘‘Violence Prevention

12 Training for Early Childhood Educators Act’’.

13 SEC. 1202. PURPOSE.

14 The purpose of this title is to provide grants to institu15 tions that carry out early childhood education training pro16 grams to enable the institutions to include violence preven17 tion training as part of the preparation of individuals pur18 suing careers in early childhood development and edu19 cation.

20 SEC. 1203. FINDINGS.

21 Congress makes the following findings:

22 (1) Aggressive behavior in early childhood is the

23 single best predictor of aggression in later life.

24 (2) Aggressive and defiant behavior predictive of

25 later delinquency is increasing among our Nation’s
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1 youngest children. Without prevention efforts, higher

2 percentages of juveniles are likely to become violent

3 juvenile offenders.

4 (3) Research has demonstrated that aggression is

5 primarily a learned behavior that develops through

6 observation, imitation, and direct experience. There7 fore, children who experience violence as victims or as

8 witnesses are at increased risk of becoming violent

9 themselves.

10 (4) In a study at a Boston city hospital, 1 out

11 of every 10 children seen in the primary care clinic

12 had witnessed a shooting or a stabbing before the age

13 of 6, with 50 percent of the children witnessing in the

14 home and 50 percent of the children witnessing in the

15 streets.

16 (5) A study in New York found that children

17 who had been victims of violence within their families

18 were 24 percent more likely to report violent behavior

19 as adolescents, and adolescents who had grown up in

20 families where partner violence occurred were 21 per21 cent more likely to report violent delinquency than in22 dividuals not exposed to violence.

23 (6) Aggression can become well-learned and dif24 ficult to change by the time a child reaches adoles25 cence. Early childhood offers a critical period for
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1 overcoming risk for violent behavior and providing

2 support for prosocial behavior.

3 (7) Violence prevention programs for very young

4 children yield economic benefits. By providing health

5 and stability to the individual child and the child’s

6 family, the programs may reduce expenditures for

7 medical care, special education, and involvement with

8 the judicial system.

9 (8) Primary prevention can be effective. When

10 preschool teachers teach young children interpersonal

11 problem-solving skills and other forms of conflict reso12 lution, children are less likely to demonstrate problem

13 behaviors.

14 (9) There is evidence that family support pro15 grams in families with children from birth through 5

16 years of age are effective in preventing delinquency.

17 SEC. 1204. DEFINITIONS.

18 In this title:

19 (1) AT-RISK CHILD.—The term ‘‘at-risk child’’

20 means a child who has been affected by violence

21 through direct exposure to child abuse, other domestic

22 violence, or violence in the community.

23 (2) EARLY CHILDHOOD EDUCATION TRAINING

24 PROGRAM.—The term ‘‘early childhood education

25 training program’’ means a program that—
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1 (A)(i) trains individuals to work with

2 young children in early child development pro3 grams or elementary schools; or

4 (ii) provides professional development to in5 dividuals working in early child development

6 programs or elementary schools;

7 (B) provides training to become an early

8 childhood education teacher, an elementary

9 school teacher, a school counselor, or a child care

10 provider; and

11 (C) leads to a bachelor’s degree or an associ12 ate’s degree, a certificate for working with young

13 children (such as a Child Development Associ14 ate’s degree or an equivalent credential), or, in

15 the case of an individual with such a degree, cer16 tificate, or credential, provides professional de17 velopment.

18 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen19 tary school’’ has the meaning given the term in sec20 tion 14101 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 8801).

22 (4) VIOLENCE PREVENTION.—The term ‘‘violence

23 prevention’’ means—

24 (A) preventing violent behavior in children;
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1 (B) identifying and preventing violent be2 havior in at-risk children; or

3 (C) identifying and ameliorating violent be4 havior in children who act out violently.

5 SEC. 1205. PROGRAM AUTHORIZED.

6 (a) GRANT AUTHORITY.—The Secretary of Education

7 is authorized to award grants to institutions that carry out

8 early childhood education training programs and have ap9 plications approved under section 1206 to enable the insti10 tutions to provide violence prevention training as part of

11 the early childhood education training program.

12 (b) AMOUNT.—The Secretary of Education shall award

13 a grant under this title in an amount that is not less than

14 $500,000 and not more than $1,000,000.

15 (c) DURATION.—The Secretary of Education shall

16 award a grant under this title for a period of not less than

17 3 years and not more than 5 years.

18 SEC. 1206. APPLICATION.

19 (a) APPLICATION REQUIRED.—Each institution desir20 ing a grant under this title shall submit to the Secretary

21 of Education an application at such time, in such manner,

22 and accompanied by such information as the Secretary of

23 Education may require.

24 (b) CONTENTS.—Each application shall—
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1 (1) describe the violence prevention training ac2 tivities and services for which assistance is sought;

3 (2) contain a comprehensive plan for the activi4 ties and services, including a description of—

5 (A) the goals of the violence prevention

6 training program;

7 (B) the curriculum and training that will

8 prepare students for careers which are described

9 in the plan;

10 (C) the recruitment, retention, and training

11 of students;

12 (D) the methods used to help students find

13 employment in their fields;

14 (E) the methods for assessing the success of

15 the violence prevention training program; and

16 (F) the sources of financial aid for qualified

17 students;

18 (3) contain an assurance that the institution has

19 the capacity to implement the plan; and

20 (4) contain an assurance that the plan was de21 veloped in consultation with agencies and organiza22 tions that will assist the institution in carrying out

23 the plan.
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1 SEC. 1207. SELECTION PRIORITIES.

2 The Secretary of Education shall give priority to

3 awarding grants to institutions carrying out violence pre4 vention programs that include 1 or more of the following

5 components:

6 (1) Preparation to engage in family support

7 (such as parent education, service referral, and lit8 eracy training).

9 (2) Preparation to engage in community out10 reach or collaboration with other services in the com11 munity.

12 (3) Preparation to use conflict resolution train13 ing with children.

14 (4) Preparation to work in economically dis15 advantaged communities.

16 (5) Recruitment of economically disadvantaged

17 students.

18 (6) Carrying out programs of demonstrated effec19 tiveness in the type of training for which assistance

20 is sought, including programs funded under section

21 596 of the Higher Education Act of 1965 (as such sec22 tion was in effect prior to October 7, 1998).

23 SEC. 1208. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated to carry out

25 this title $15,000,000 for each of the fiscal years 2000

26 through 2004.
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1 TITLE XIII—PREVENTING JUVE2 NILE DELINQUENCY

3 THROUGH CHARACTER EDU4 CATION

5 SEC. 1301. PURPOSE.

6 The purpose of this title is to support the work of com7 munity-based organizations, local educational agencies, and

8 schools in providing children and youth with alternatives

9 to delinquency through strong school-based and after school

10 programs that—

11 (1) are organized around character education;

12 (2) reduce delinquency, school discipline prob13 lems, and truancy; and

14 (3) improve student achievement, overall school

15 performance, and youths’ positive involvement in

16 their community.

17 SEC. 1302. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be

19 appropriated—

20 (1) $15,000,000 for fiscal year 2000, and such

21 sums as may be necessary for each of the 4 succeeding

22 fiscal years, to carry out school-based programs under

23 section 1303; and

24 (2) $10,000,000 for fiscal year 2000, and such

25 sums as may be necessary for each of the 4 succeeding
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1 fiscal years, to carry out the after school programs

2 under section 1304.

3 (b) SOURCE OF FUNDING.—Amounts authorized to be

4 appropriated pursuant to this section may be derived from

5 the Violent Crime Reduction Trust Fund.

6 SEC. 1303. SCHOOL-BASED PROGRAMS.

7 (a) IN GENERAL.—The Secretary, in consultation with

8 the Attorney General, is authorized to award grants to

9 schools, or local educational agencies that enter into a part10 nership with a school, to support the development of char11 acter education programs in the schools in order to—

12 (1) reduce delinquency, school discipline prob13 lems, and truancy; and

14 (2) improve student achievement, overall school

15 performance, and youths’ positive involvement in

16 their community.

17 (b) APPLICATIONS.—Each school or local educational

18 agency desiring a grant under this section shall submit an

19 application to the Secretary at such time and in such man20 ner as the Secretary may require.

21 (1) CONTENTS.—Each application shall

22 include—

23 (A) a description of the community to be

24 served and the needs that will be met with the

25 program in that community;
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1 (B) a description of how the program will

2 reach youth at-risk of delinquency;

3 (C) a description of the activities to be as4 sisted, including—

5 (i) how parents, teachers, students, and

6 other members of the community will be in7 volved in the design and implementation of

8 the program;

9 (ii) the character education program to

10 be implemented, including methods of teach11 er training and parent education that will

12 be used or developed; and

13 (iii) how the program will coordinate

14 activities assisted under this section with

15 other youth serving activities in the larger

16 community;

17 (D) a description of the goals of the pro18 gram;

19 (E) a description of how progress toward

20 the goals, and toward meeting the purposes of

21 this title, will be measured; and

22 (F) an assurance that the school or local

23 educational agency will provide the Secretary

24 with information regarding the program and the

25 effectiveness of the program.
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1 SEC. 1304. AFTER SCHOOL PROGRAMS.

2 (a) IN GENERAL.—The Secretary, in consultation with

3 the Attorney General, is authorized to award grants to com4 munity-based organizations to enable the organizations to

5 provide youth with alternative activities, in the after school

6 or out of school hours, that include a strong character edu7 cation component.

8 (b) ELIGIBLE COMMUNITY-BASED ORGANIZATIONS.—

9 The Secretary only shall award a grant under this section

10 to a community-based organization that has a dem11 onstrated capacity to provide after school or out of school

12 programs to youth, including youth serving organizations,

13 businesses, and other community groups.

14 (c) APPLICATIONS.—Each community-based organiza15 tion desiring a grant under this section shall submit an

16 application to the Secretary at such time and in such man17 ner as the Secretary may require. Each application shall

18 include—

19 (1) a description of the community to be served

20 and the needs that will be met with the program in

21 that community;

22 (2) a description of how the program will iden23 tify and recruit at-risk youth for participation in the

24 program, and will provide continuing support for

25 their participation;
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1 (3) a description of the activities to be assisted,

2 including—

3 (A) how parents, students, and other mem4 bers of the community will be involved in the de5 sign and implementation of the program;

6 (B) how character education will be incor7 porated into the program; and

8 (C) how the program will coordinate activi9 ties assisted under this section with activities of

10 schools and other community-based organiza11 tions;

12 (4) a description of the goals of the program;

13 (5) a description of how progress toward the

14 goals, and toward meeting the purposes of this title,

15 will be measured; and

16 (6) an assurance that the community-based orga17 nization will provide the Secretary with information

18 regarding the program and the effectiveness of the

19 program.

20 SEC. 1305. GENERAL PROVISIONS.

21 (a) DURATION.—Each grant under this title shall be

22 awarded for a period of not to exceed 5 years.

23 (b) PLANNING.—A school, local educational agency or

24 community-based organization may use grant funds pro-
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1 vided under this title for not more than 1 year for the plan2 ning and design of the program to be assisted.

3 (c) SELECTION OF GRANTEES.—

4 (1) CRITERIA.—The Secretary, in consultation

5 with the Attorney General, shall select, through a peer

6 review process, community-based organizations,

7 schools, and local educational agencies to receive

8 grants under this title on the basis of the quality of

9 the applications submitted and taking into consider10 ation such factors as—

11 (A) the quality of the activities to be as12 sisted;

13 (B) the extent to which the program fosters

14 in youth the elements of character and reaches

15 youth at-risk of delinquency;

16 (C) the quality of the plan for measuring

17 and assessing the success of the program;

18 (D) the likelihood the goals of the program

19 will be realistically achieved;

20 (E) the experience of the applicant in pro21 viding similar services; and

22 (F) the coordination of the program with

23 larger community efforts in character education.

24 (2) DIVERSITY OF PROJECTS.—The Secretary

25 shall approve applications under this title in a man-
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1 ner that ensures, to the extent practicable, that pro2 grams assisted under this title serve different areas of

3 the United States, including urban, suburban and

4 rural areas, and serve at-risk populations.

5 (d) USE OF FUNDS.—Grant funds under this title

6 shall be used to support the work of community-based orga7 nizations, schools, or local educational agencies in pro8 viding children and youth with alternatives to delinquency

9 through strong school-based, after school, or out of school

10 programs that—

11 (1) are organized around character education;

12 (2) reduce delinquency, school discipline prob13 lems, and truancy; and

14 (3) improve student achievement, overall school

15 performance, and youths’ positive involvement in

16 their community.

17 (d) DEFINITIONS.—

18 (1) IN GENERAL.—The terms used in this Act

19 have the meanings given the terms in section 14101

20 of the Elementary and Secondary Education Act of

21 1965 (20 U.S.C. 8801).

22 (2) CHARACTER EDUCATION.—The term ‘‘char23 acter education’’ means an organized educational pro24 gram that works to reinforce core elements of char25 acter, including caring, civic virtue and citizenship,
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1 justice and fairness, respect, responsibility, and trust2 worthiness.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Education.

5 TITLE XIV—VIOLENT OFFENDER

6 DNA IDENTIFICATION ACT OF

7 1999

8 SEC. 1401. SHORT TITLE.

9 This title may be cited as the ‘‘Violent Offender DNA

10 Identification Act of 1999’’.

11 SEC. 1402. ELIMINATION OF CONVICTED OFFENDER DNA

12 BACKLOG.

13 (a) DEVELOPMENT OF PLAN.—

14 (1) IN GENERAL.—Not later than 45 days after

15 the date of enactment of this Act, the Director of the

16 Federal Bureau of Investigation, in coordination with

17 the Assistant Attorney General of the Office of Justice

18 Programs at the Department of Justice, and after

19 consultation with representatives of State and local

20 forensic laboratories, shall develop a voluntary plan

21 to assist State and local forensic laboratories in per22 forming DNA analyses of DNA samples collected from

23 convicted offenders.

24 (2) OBJECTIVE.—The objective of the plan devel25 oped under paragraph (1) shall be to effectively elimi-
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1 nate the backlog of convicted offender DNA samples

2 awaiting analysis in State or local forensic labora3 tory storage, including samples that need to be reana4 lyzed using upgraded methods, in an efficient, expedi5 tious manner that will provide for their entry into

6 the Combined DNA Indexing System (CODIS).

7 (b) PLAN CONDITIONS.—The plan developed under

8 subsection (a) shall—

9 (1) require that each laboratory performing DNA

10 analyses satisfy quality assurance standards and uti11 lize state-of-the-art testing methods, as set forth by the

12 Director of the Federal Bureau of Investigation, in

13 coordination with the Assistant Attorney General of

14 the Office of Justice Programs of the Department of

15 Justice; and

16 (2) require that each DNA sample collected and

17 analyzed be accessible only—

18 (A) to criminal justice agencies for law en19 forcement identification purposes;

20 (B) in judicial proceedings, if otherwise ad21 missible pursuant to applicable statutes or rules;

22 (C) for criminal defense purposes, to a de23 fendant, who shall have access to samples and

24 analyses performed in connection with the case

25 in which such defendant is charged; or
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1 (D) if personally identifiable information is

2 removed, for a population statistics database, for

3 identification research and protocol development

4 purposes, or for quality control purposes.

5 (c) IMPLEMENTATION OF PLAN.—Subject to the avail6 ability of appropriations under subsection (d), the Director

7 of the Federal Bureau of Investigation, in coordination with

8 the Assistant Attorney General of the Office of Justice Pro9 grams at the Department of Justice, shall implement the

10 plan developed pursuant to subsection (a) with State and

11 local forensic laboratories that elect to participate.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to the Department of Justice

14 to carry out this section $15,000,000 for each of fiscal years

15 2000 and 2001.

16 SEC. 1403. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF

17 COLUMBIA, AND MILITARY VIOLENT OFFEND18 ERS.

19 (a) EXPANSION OF DNA IDENTIFICATION INDEX.—

20 Section 811(a)(2) of the Antiterrorism and Effective Death

21 Penalty Act of 1996 (28 U.S.C. 531 note) is amended to

22 read as follows:

23 ‘‘(2) the Director of the Federal Bureau of Inves24 tigation shall expand the combined DNA Identifica25 tion System (CODIS) to include information on DNA
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1 identification records and analyses related to crimi2 nal offenses and acts of juvenile delinquency under

3 Federal law, the Uniform Code of Military Justice,

4 and the District of Columbia Code, in accordance

5 with section 210304 of the Violent Crime Control and

6 Law Enforcement Act of 1994 (42 U.S.C. 14132).’’.

7 (b) INDEX TO FACILITATE LAW ENFORCEMENT EX8 CHANGE OF DNA IDENTIFICATION INFORMATION.—Section

9 210304 of the Violent Crime Control and Law Enforcement

10 Act of 1994 (42 U.S.C. 14132) is amended—

11 (1) in subsection (a)(1), by striking ‘‘persons

12 convicted of crimes’’ and inserting ‘‘individuals con13 victed of criminal offenses or adjudicated delinquent

14 for acts of juvenile delinquency, including qualifying

15 offenses (as defined in subsection (d)(1))’’;

16 (2) in subsection (b)(2), by striking ‘‘, at regular

17 intervals of not to exceed 180 days,’’ and inserting

18 ‘‘semiannual’’; and

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

20 ‘‘(d) INCLUSION OF DNA INFORMATION RELATING TO

21 VIOLENT OFFENDERS.—

22 ‘‘(1) DEFINITIONS.—In this subsection—

23 ‘‘(A) the term ‘crime of violence’ has the

24 meaning given such term in section 924(c)(3) of

25 title 18, United States Code; and
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1 ‘‘(B) the term ‘qualifying offense’ means a

2 criminal offense or act of juvenile delinquency

3 included on the list established by the Director of

4 the Federal Bureau of Investigation under para5 graph (2)(A)(i).

6 ‘‘(2) REGULATIONS.—

7 ‘‘(A) IN GENERAL.—Not later than 90 days

8 after the date of enactment of this subsection,

9 and at the discretion of the Director thereafter,

10 the Director of the Federal Bureau of Investiga11 tion, in consultation with the Director of the Bu12 reau of Prisons, the Director of the Court Serv13 ices and Offender Supervision Agency for the

14 District of Columbia or the Trustee appointed

15 under section 11232(a) of the Balanced Budget

16 Act of 1997 (as appropriate), and the Chief of

17 Police of the Metropolitan Police Department of

18 the District of Columbia, shall by regulation

19 establish—

20 ‘‘(i) a list of qualifying offenses; and

21 ‘‘(ii) standards and procedures for—

22 ‘‘(I) the analysis of DNA samples

23 collected from individuals convicted of

24 or adjudicated delinquent for a quali25 fying offense;
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1 ‘‘(II) the inclusion in the index

2 established by this section of the DNA

3 identification records and DNA anal4 yses relating to the DNA samples de5 scribed in subclause (I); and

6 ‘‘(III) with respect to juveniles,

7 the expungement of DNA identification

8 records and DNA analyses described in

9 subclause (II) from the index estab10 lished by this section in any cir11 cumstance in which the underlying ad12 judication for the qualifying offense

13 has been expunged.

14 ‘‘(B) OFFENSES INCLUDED.—The list estab15 lished under subparagraph (A)(i) shall include—

16 ‘‘(i) each criminal offense or act of ju17 venile delinquency under Federal law

18 that—

19 ‘‘(I) constitutes a crime of vio20 lence; or

21 ‘‘(II) in the case of an act of juve22 nile delinquency, would, if committed

23 by an adult, constitute a crime of vio24 lence;
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1 ‘‘(ii) each criminal offense under the

2 District of Columbia Code that constitutes a

3 crime of violence; and

4 ‘‘(iii) any other felony offense under

5 Federal law or the District of Columbia

6 Code, as determined by the Director of the

7 Federal Bureau of Investigation.

8 ‘‘(3) FEDERAL OFFENDERS.—

9 ‘‘(A) COLLECTION OF SAMPLES FROM FED10 ERAL PRISONERS.—

11 ‘‘(i) IN GENERAL.—Beginning 180

12 days after the date of enactment of this sub13 section, the Director of the Bureau of Pris14 ons shall collect a DNA sample from each

15 individual in the custody of the Bureau of

16 Prisons who, before or after this subsection

17 takes effect, has been convicted of or adju18 dicated delinquent for a qualifying offense.

19 ‘‘(ii) TIME AND MANNER.—The Direc20 tor of the Bureau of Prisons shall specify

21 the time and manner of collection of DNA

22 samples under this subparagraph.

23 ‘‘(B) COLLECTION OF SAMPLES FROM FED24 ERAL OFFENDERS ON SUPERVISED RELEASE, PA25 ROLE, OR PROBATION.—
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1 ‘‘(i) IN GENERAL.—Beginning 180

2 days after the date of enactment of this sub3 section, the agency responsible for the super4 vision under Federal law of an individual

5 on supervised release, parole, or probation

6 (other than an individual described in

7 paragraph (4)(B)(i)) shall collect a DNA

8 sample from each individual who has, before

9 or after this subsection takes effect, been

10 convicted of or adjudicated delinquent for a

11 qualifying offense.

12 ‘‘(ii) TIME AND MANNER.—The Direc13 tor of the Administrative Office of the

14 United States Courts shall specify the time

15 and manner of collection of DNA samples

16 under this subparagraph.

17 ‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—

18 ‘‘(A) OFFENDERS IN CUSTODY OF DISTRICT

19 OF COLUMBIA.—

20 ‘‘(i) IN GENERAL.—The Government of

21 the District of Columbia may—

22 ‘‘(I) identify 1 or more categories

23 of individuals who are in the custody

24 of, or under supervision by, the Dis-
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1 trict of Columbia, from whom DNA

2 samples should be collected; and

3 ‘‘(II) collect a DNA sample from

4 each individual in any category iden5 tified under clause (i).

6 ‘‘(ii) DEFINITION.—In this subpara7 graph, the term ‘individuals in the custody

8 of, or under supervision by, the District of

9 Columbia’—

10 ‘‘(I) includes any individual in

11 the custody of, or under supervision by,

12 any agency of the Government of the

13 District of Columbia; and

14 ‘‘(II) does not include an indi15 vidual who is under the supervision of

16 the Director of the Court Services and

17 Offender Supervision Agency for the

18 District of Columbia or the Trustee ap19 pointed under section 11232(a) of the

20 Balanced Budget Act of 1997.

21 ‘‘(B) OFFENDERS ON SUPERVISED RELEASE,

22 PROBATION, OR PAROLE.—

23 ‘‘(i) IN GENERAL.—Beginning 180

24 days after the date of enactment of this sub25 section, the Director of the Court Services
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1 and Offender Supervision Agency for the

2 District of Columbia, or the Trustee ap3 pointed under section 11232(a) of the Bal4 anced Budget Act of 1997, as appropriate,

5 shall collect a DNA sample from each indi6 vidual under the supervision of the Agency

7 or Trustee, respectively, who is on super8 vised release, parole, or probation and who

9 has, before or after this subsection takes ef10 fect, been convicted of or adjudicated delin11 quent for a qualifying offense.

12 ‘‘(ii) TIME AND MANNER.—The Direc13 tor or the Trustee, as appropriate, shall

14 specify the time and manner of collection of

15 DNA samples under this subparagraph.

16 ‘‘(5) WAIVER; COLLECTION PROCEDURES.—Not17 withstanding any other provision of this subsection, a

18 person or agency responsible for the collection of DNA

19 samples under this subsection may—

20 ‘‘(A) waive the collection of a DNA sample

21 from an individual under this subsection if an22 other person or agency has collected such a sam23 ple from the individual under this subsection or

24 subsection (e); and
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1 ‘‘(B) use or authorize the use of such means

2 as are necessary to restrain and collect a DNA

3 sample from an individual who refuses to cooper4 ate in the collection of the sample.

5 ‘‘(e) INCLUSION OF DNA INFORMATION RELATING TO

6 VIOLENT MILITARY OFFENDERS.—

7 ‘‘(1) IN GENERAL.—Not later than 120 days

8 after the date of enactment of this subsection, the Sec9 retary of Defense shall prescribe regulations that—

10 ‘‘(A) specify categories of conduct punish11 able under the Uniform Code of Military Justice

12 (referred to in this subsection as ‘qualifying

13 military offenses’) that are comparable to quali14 fying offenses (as defined in subsection (d)(1));

15 and

16 ‘‘(B) set forth standards and procedures

17 for—

18 ‘‘(i) the analysis of DNA samples col19 lected from individuals convicted of a quali20 fying military offense; and

21 ‘‘(ii) the inclusion in the index estab22 lished by this section of the DNA identifica23 tion records and DNA analyses relating to

24 the DNA samples described in clause (i).

25 ‘‘(2) COLLECTION OF SAMPLES.—
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1 ‘‘(A) IN GENERAL.—Beginning 180 days

2 after the date of enactment of this subsection, the

3 Secretary of Defense shall collect a DNA sample

4 from each individual under the jurisdiction of

5 the Secretary of a military department who has,

6 before or after this subsection takes effect, been

7 convicted of a qualifying military offense.

8 ‘‘(B) TIME AND MANNER.—The Secretary of

9 Defense shall specify the time and manner of col10 lection of DNA samples under this paragraph.

11 ‘‘(3) WAIVER; COLLECTION PROCEDURES.—Not12 withstanding any other provision of this subsection,

13 the Secretary of Defense may—

14 ‘‘(A) waive the collection of a DNA sample

15 from an individual under this subsection if an16 other person or agency has collected or will col17 lect such a sample from the individual under

18 subsection (d); and

19 ‘‘(B) use or authorize the use of such means

20 as are necessary to restrain and collect a DNA

21 sample from an individual who refuses to cooper22 ate in the collection of the sample.

23 ‘‘(f) CRIMINAL PENALTY.—

24 ‘‘(1) IN GENERAL.—An individual from whom

25 the collection of a DNA sample is required or author-
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1 ized pursuant to subsection (d) who fails to cooperate

2 in the collection of that sample shall be—

3 ‘‘(A) guilty of a class A misdemeanor; and

4 ‘‘(B) punished in accordance with title 18,

5 United States Code.

6 ‘‘(2) MILITARY OFFENDERS.—An individual

7 from whom the collection of a DNA sample is re8 quired or authorized pursuant to subsection (e) who

9 fails to cooperate in the collection of that sample may

10 be punished as a court martial may direct as a viola11 tion of the Uniform Code of Military Justice.

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated—

14 ‘‘(1) to the Department of Justice to carry out

15 subsection (d) of this section (including to reimburse

16 the Federal judiciary for any reasonable costs in17 curred in implementing such subsection, as deter18 mined by the Attorney General) and section 3(d) of

19 the Violent Offender DNA Identification Act of

20 1999—

21 ‘‘(A) $6,600,000 for fiscal year 2000; and

22 ‘‘(B) such sums as may be necessary for

23 each of fiscal years 2001 through 2004;

24 ‘‘(2) to the Court Services and Offender Super25 vision Agency for the District of Columbia or the
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1 Trustee appointed under section 11232(a) of the Bal2 anced Budget Act of 1997 (as appropriate), such sums

3 as may be necessary for each of fiscal years 2000

4 through 2004; and

5 ‘‘(3) to the Department of Defense to carry out

6 subsection (e)—

7 ‘‘(A) $600,000 for fiscal year 2000; and

8 ‘‘(B) $300,000 for each of fiscal years 2001

9 through 2004.’’.

10 (c) CONDITIONS OF RELEASE.—

11 (1) CONDITIONS OF PROBATION.—Section

12 3563(a) of title 18, United States Code, is amended—

13 (A) in paragraph (7), by striking ‘‘and’’ at

14 the end;

15 (B) in paragraph (8), by striking the period

16 at the end and inserting ‘‘; and’’; and

17 (C) by inserting after paragraph (8) the fol18 lowing:

19 ‘‘(9) that the defendant cooperate in the collec20 tion of a DNA sample from the defendant if the collec21 tion of such a sample is required or authorized pursu22 ant to section 210304 of the Violent Crime Control

23 and Law Enforcement Act of 1994 (42 U.S.C.

24 14132).’’.
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1 (2) CONDITIONS OF SUPERVISED RELEASE.—Sec2 tion 3583(d) of title 18, United States Code, is

3 amended by inserting before ‘‘The court shall also

4 order’’ the following: ‘‘The court shall order, as an ex5 plicit condition of supervised release, that the defend6 ant cooperate in the collection of a DNA sample from

7 the defendant, if the collection of such a sample is re8 quired or authorized pursuant to section 210304 of

9 the Violent Crime Control and Law Enforcement Act

10 of 1994 (42 U.S.C. 14132).’’.

11 (3) CONDITIONS OF RELEASE GENERALLY.—If

12 the collection of a DNA sample from an individual on

13 probation, parole, or supervised release pursuant to a

14 conviction or adjudication of delinquency under the

15 law of any jurisdiction (including an individual on

16 parole pursuant to chapter 311 of title 18, United

17 States Code, as in effect on October 30, 1997) is re18 quired or authorized pursuant to section 210304 of

19 the Violent Crime Control and Law Enforcement Act

20 of 1994 (42 U.S.C. 14132), and the sample has not

21 otherwise been collected, the individual shall cooperate

22 in the collection of a DNA sample as a condition of

23 that probation, parole, or supervised release.

24 (d) REPORT AND EVALUATION.—Not later than 1 year

25 after the date of enactment of this Act, the Attorney General,
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1 acting through the Assistant Attorney General for the Office

2 of Justice Programs of the Department of Justice and the

3 Director of the Federal Bureau of Investigation, shall—

4 (1) conduct an evaluation to—

5 (A) identify criminal offenses, including of6 fenses other than qualifying offenses (as defined

7 in section 210304(d)(1) of the Violent Crime

8 Control and Law Enforcement Act of 1994 (42

9 U.S.C. 14132(d)(1)), as added by this section)

10 that, if serving as a basis for the mandatory col11 lection of a DNA sample under section 210304 of

12 the Violent Crime Control and Law Enforcement

13 Act of 1994 (42 U.S.C. 14132) or under State

14 law, are likely to yield DNA matches, and the

15 relative degree of such likelihood with respect to

16 each such offense; and

17 (B) determine the number of investigations

18 aided (including the number of suspects cleared),

19 and the rates of prosecution and conviction of

20 suspects identified through DNA matching; and

21 (2) submit to Congress a report describing the re22 sults of the evaluation under paragraph (1).

23 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

24 (1) DRUG CONTROL AND SYSTEM IMPROVEMENT

25 GRANTS.—Section 503(a)(12)(C) of title I of the Om-
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1 nibus Crime Control and Safe Streets Act of 1968 (42

2 U.S.C. 3753(a)(12)(C)) is amended by striking ‘‘, at

3 regular intervals of not to exceed 180 days,’’ and in4 serting ‘‘semiannual’’.

5 (2) DNA IDENTIFICATION GRANTS.—Section

6 2403(3) of title I of the Omnibus Crime Control and

7 Safe Streets Act of 1968 (42 U.S.C. 3796kk–2(3)) is

8 amended by striking ‘‘, at regular intervals not ex9 ceeding 180 days,’’ and inserting ‘‘semiannual’’.

10 (3) FEDERAL BUREAU OF INVESTIGATION.—Sec11 tion 210305(a)(1)(A) of the Violent Crime Control

12 and Law Enforcement Act of 1994 (42 U.S.C.

13 14133(a)(1)(A)) is amended by striking ‘‘, at regular

14 intervals of not to exceed 180 days,’’ and inserting

15 ‘‘semiannual’’.

16 TITLE XV—MISCELLANEOUS

17 PROVISIONS

18 Subtitle A—General Provisions

19 SEC. 1501. PROHIBITION ON FIREARMS POSSESSION BY

20 VIOLENT JUVENILE OFFENDERS.

21 (a) DEFINITION.—Section 921(a)(20) of title 18,

22 United States Code, is amended—

23 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

24 (2) by redesignating subparagraphs (A) and (B)

25 as clauses (i) and (ii), respectively;
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1 (3) by inserting after subparagraph (A) the fol2 lowing:

3 ‘‘(B) For purposes of subsections (d) and (g) of section

4 922, the term ‘act of violent juvenile delinquency’ means

5 an adjudication of delinquency in Federal or State court,

6 based on a finding of the commission of an act by a person

7 prior to his or her eighteenth birthday that, if committed

8 by an adult, would be a serious or violent felony, as defined

9 in section 3559(c)(2)(F)(i) had Federal jurisdiction existed

10 and been exercised (except that section 3559(c)(3) shall not

11 apply to this subparagraph).’’; and

12 (4) in the undesignated paragraph following sub13 paragraph (B) (as added by paragraph (3) of this

14 subsection), by striking ‘‘What constitutes’’ and all

15 that follows through ‘‘this chapter,’’ and inserting the

16 following:

17 ‘‘(C) What constitutes a conviction of such a crime or

18 an adjudication of an act of violent juvenile delinquency

19 shall be determined in accordance with the law of the juris20 diction in which the proceedings were held. Any State con21 viction or adjudication of an act of violent juvenile delin22 quency that has been expunged or set aside, or for which

23 a person has been pardoned or has had civil rights restored,

24 by the jurisdiction in which the conviction or adjudication

25 of an act of violent juvenile delinquency occurred shall not
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1 be considered to be a conviction or adjudication of an act

2 of violent juvenile delinquency for purposes of this chap3 ter,’’.

4 (b) PROHIBITION.—Section 922 of title 18, United

5 States Code, is amended—

6 (1) in subsection (d)—

7 (A) in paragraph (8), by striking ‘‘or’’ at

8 the end;

9 (B) in paragraph (9), by striking the period

10 at the end and inserting ‘‘; or’’; and

11 (C) by inserting after paragraph (9) the fol12 lowing:

13 ‘‘(10) has committed an act of violent juvenile

14 delinquency.’’; and

15 (2) in subsection (g)—

16 (A) in paragraph (8), by striking ‘‘or’’ at

17 the end;

18 (B) in paragraph (9), by striking the

19 comma at the end and inserting ‘‘; or’’; and

20 (C) by inserting after paragraph (9) the fol21 lowing:

22 ‘‘(10) who has committed an act of violent juve23 nile delinquency,’’.

24 (c) EFFECTIVE DATE OF ADJUDICATION PROVI25 SIONS.—The amendments made by this section shall only
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1 apply to an adjudication of an act of violent juvenile delin2 quency that occurs after the date that is 30 days after the

3 date on which the Attorney General certifies to Congress

4 and separately notifies Federal firearms licensees, through

5 publication in the Federal Register by the Secretary of the

6 Treasury, that the records of such adjudications are rou7 tinely available in the national instant criminal back8 ground check system established under section 103(b) of the

9 Brady Handgun Violence Prevention Act.

10 SEC. 1502. SAFE STUDENTS.

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

12 ‘‘Safe Students Act.’’

13 (b) PURPOSE.—It is the purpose of this section to

14 maximize local flexibility in responding to the threat of ju15 venile violence through the implementation of effective

16 school violence prevention and safety programs.

17 (c) PROGRAM AUTHORIZED.—The Attorney General

18 shall, subject to the availability of appropriations, award

19 grants to local education agencies and to law enforcement

20 agencies to assist in the planning, establishing, operating,

21 coordinating and evaluating of school violence prevention

22 and school safety programs.

23 (d) APPLICATION REQUIREMENTS.—

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

25 grant under subsection (c), an entity shall—
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1 (A) be a local education agency or a law en2 forcement agency; and

3 (B) prepare and submit to the Attorney

4 General an application at such time, in such

5 manner and containing such information as the

6 Attorney General may require, including—

7 (i) a detailed explanation of the in8 tended uses of funds provided under the

9 grant; and

10 (ii) a written assurance that the

11 schools to be served under the grant will

12 have a zero tolerance policy in effect for

13 drugs, alcohol, weapons, truancy and juve14 nile crime on school campuses.

15 (2) PRIORITY.—The Attorney General shall give

16 priority in awarding grants under this section to ap17 plications that have been submitted jointly by a local

18 education agency and a law enforcement agency.

19 (e) ALLOWABLE USES OF FUNDS.—Amounts received

20 under a grant under this section shall be used for innova21 tive, local responses, consistent with the purposes of this Act,

22 which may include—

23 (1) training, including in-service training, for

24 school personnel, custodians and bus drivers in—
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1 (A) the identification of potential threats

2 (such as illegal weapons and explosive devices);

3 (B) crisis preparedness and intervention

4 procedures; and

5 (C) emergency response;

6 (2) training of interested parents, teachers and

7 other school and law enforcement personnel in the

8 identification and responses to early warning signs of

9 troubled and violent youth;

10 (3) innovative research-based delinquency and

11 violence prevention programs, including mentoring

12 programs;

13 (4) comprehensive school security assessments;

14 (5) the purchase of school security equipment

15 and technologies such as metal detectors, electronic

16 locks, surveillance cameras;

17 (6) collaborative efforts with law enforcement

18 agencies, community-based organizations (including

19 faith-based organizations) that have demonstrated ex20 pertise in providing effective, research-based violence

21 prevention and intervention programs to school age

22 children;

23 (7) providing assistance to families in need for

24 the purpose of purchasing required school uniforms;
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1 (8) school resource officers, including community

2 police officers; and

3 (9) community policing in and around schools.

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section,

6 $200,000,000 for fiscal year 2000, and such sums as may

7 be necessary for each of fiscal years 2001 through 2004.

8 (g) REPORT TO CONGRESS.—Not later than 2 years

9 after the date of enactment of this section, and every 2 years

10 thereafter, the Attorney General shall prepare and submit

11 to the appropriate committees of Congress a report con12 cerning the manner in which grantees have used amounts

13 received under a grant under this section.

14 SEC. 1503. STUDY OF MARKETING PRACTICES OF THE FIRE15 ARMS INDUSTRY.

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

17 and the Attorney General shall jointly conduct a study of

18 the marketing practices of the firearms industry, with re19 spect to children.

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

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

22 General shall examine the extent to which the firearms in23 dustry advertises and promotes its products to juveniles, in24 cluding in media outlets in which minors comprise a sub25 stantial percentage of the audience.
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1 (c) REPORT.—Not later than one year after the date

2 of the enactment of this Act, the Commission and the Attor3 ney General shall submit to Congress a report on the study

4 conducted under subsection (a).

5 SEC. 1504. PROVISION OF INTERNET FILTERING OR

6 SCREENING SOFTWARE BY CERTAIN INTER7 NET SERVICE PROVIDERS.

8 (a) REQUIREMENT TO PROVIDE.—Each Internet serv9 ice provider shall at the time of entering an agreement with

10 a residential customer for the provision of Internet access

11 services, provide to such customer, either at no fee or at

12 a fee not in excess of the amount specified in subsection

13 (c), computer software or other filtering or blocking system

14 that allows the customer to prevent the access of minors to

15 material on the Internet.

16 (b) SURVEYS OF PROVISION OF SOFTWARE OR SYS17 TEMS.—

18 (1) SURVEYS.—The Office of Juvenile Justice

19 and Delinquency Prevention of the Department of

20 Justice and the Federal Trade Commission shall

21 jointly conduct surveys of the extent to which Internet

22 service providers are providing computer software or

23 systems described in subsection (a) to their sub24 scribers.
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1 (2) FREQUENCY.—The surveys required by para2 graph (1) shall be completed as follows:

3 (A) One shall be completed not later than

4 one year after the date of the enactment of this

5 Act.

6 (B) One shall be completed not later than

7 two years after that date.

8 (C) One shall be completed not later than

9 three years after that date.

10 (c) FEES.—The fee, if any, charged and collected by

11 an Internet service provider for providing computer soft12 ware or a system described in subsection (a) to a residential

13 customer shall not exceed the amount equal to the cost of

14 the provider in providing the software or system to the sub15 scriber, including the cost of the software or system and of

16 any license required with respect to the software or system.

17 (d) APPLICABILITY.—The requirement described in

18 subsection (a) shall become effective only if—

19 (1) 1 year after the date of the enactment of this

20 Act, the Office and the Commission determine as a re21 sult of the survey completed by the deadline in sub22 section (b)(2)(A) that less than 75 percent of the total

23 number of residential subscribers of Internet service

24 providers as of such deadline are provided computer
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1 software or systems described in subsection (a) by

2 such providers;

3 (2) 2 years after the date of the enactment of this

4 Act, the Office and the Commission determine as a re5 sult of the survey completed by the deadline in sub6 section (b)(2)(B) that less than 85 percent of the total

7 number of residential subscribers of Internet service

8 providers as of such deadline are provided such soft9 ware or systems by such providers; or

10 (3) 3 years after the date of the enactment of this

11 Act, if the Office and the Commission determine as a

12 result of the survey completed by the deadline in sub13 section (b)(2)(C) that less than 100 percent of the

14 total number of residential subscribers of Internet

15 service providers as of such deadline are provided

16 such software or systems by such providers.

17 (e) INTERNET SERVICE PROVIDER DEFINED.—In this

18 section, the term ‘‘Internet service provider’’ means a serv19 ice provider as defined in section 512(k)(1)(A) of title 17,

20 United States Code, which has more than 50,000 sub21 scribers.

22 SEC. 1505. APPLICATION OF SECTION 923 (j) AND (m).

23 Notwithstanding any other provision of this Act, sec24 tion 923 of title 18, United States Code, as amended by
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1 this Act, shall be applied by amending in subsections (j)

2 and (m) the following:

3 (1) In subsection (j) amend—

4 (A) paragraph (2) (A), (B) and (C) to read

5 as follows:

6 ‘‘(A) IN GENERAL.—A temporary location

7 referred to in paragraph (1) is a location for a

8 gun show, or event in the State specified on the

9 license, at which firearms, firearms accessories

10 and related items may be bought, sold, traded,

11 and displayed, in accordance with Federal,

12 State, and local laws.

13 ‘‘(B) LOCATIONS OUT OF STATE.—If the lo14 cation is not in the State specified on the license,

15 a licensee may display any firearm, and take or16 ders for a firearm or effectuate the transfer of a

17 firearm, in accordance with this chapter, includ18 ing paragraph (7) of this subsection.

19 ‘‘(C) QUALIFIED GUN SHOWS OR EVENTS.—

20 A gun show or an event shall qualify as a tem21 porary location if—

22 ‘‘(i) the gun show or event is one which

23 is sponsored, for profit or not, by an indi24 vidual, national, State, or local organiza25 tion, association, or other entity to foster
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1 the collecting, competitive use, sporting use,

2 or any other legal use of firearms; and

3 ‘‘(ii) the gun show or event has—

4 ‘‘(I) 20 percent or more firearm

5 exhibitors out of all exhibitors; or

6 ‘‘(II) 10 or more firearms exhibi7 tors.’’.

8 (B) paragraph (3)(C) to read as follows:

9 ‘‘(C) shall be retained at the premises speci10 fied on the license.’’; and

11 (C) paragraph (7) to read as follows:

12 ‘‘(7) NO EFFECT ON OTHER RIGHTS.—Nothing

13 in this subsection diminishes in any manner any

14 right to display, sell, or otherwise dispose of firearms

15 or ammunition that is in effect before the date of en16 actment of the Firearms Owners’ Protection Act, in17 cluding the right of a licensee to conduct firearms

18 transfers and business away from their business

19 premises with another licensee without regard to

20 whether the location of the business is in the State

21 specified on the license of either licensee.’’.

22 (2) In subsection (m), amend—

23 (A) paragraph (2)(E)(i) to read as follows:

24 ‘‘(i) IN GENERAL.—A person not li25 censed under this section who desires to
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1 transfer a firearm at a gun show in his

2 State of residence to another person who is

3 a resident of the same State, and not li4 censed under this section, shall only make

5 such a transfer through a licensee who can

6 conduct an instant background check at the

7 gun show, or directly to the prospective

8 transferee if an instant background check is

9 first conducted by a special registrant at the

10 gun show on the prospective transferee. For

11 any instant background check conducted at

12 a gun show, the time period stated in sec13 tion 922(t)(1)(B)(ii) of this chapter shall be

14 24 hours in a calendar day since the li15 censee contacted the system. If the services of

16 a special registrant are used to determine

17 the firearms eligibility of the prospective

18 transferee to possesses a firearm, the trans19 feree shall provide the special registrant at

20 the gun show, on a special and limited-pur21 pose form that the Secretary shall prescribe

22 for use by a special registrant—

23 ‘‘(I) the name, age, address, and

24 other identifying information of the

25 prospective transferee (or, in the case
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1 of a prospective transferee that is a

2 corporation or other business entity,

3 the identity and principal and local

4 places of business of the prospective

5 transferee); and

6 ‘‘(II) proof of verification of the

7 identity of the prospective transferee as

8 required by section 922(t)(1)(C).‘‘; and

9 (B) paragraph (4) to read as follows:

10 ‘‘(4) IMMUNITY.—

11 ‘‘(A) DEFINITION.—In this paragraph:

12 ‘‘(i) IN GENERAL.—The term ‘qualified

13 civil liability action’ means a civil action

14 brought by any person against a person de15 scribed in subparagraph (B) for damages

16 resulting from the criminal or unlawful

17 misuse of the firearm by the transferee or a

18 third party.

19 ‘‘(ii) EXCLUSIONS.—The term ‘quali20 fied civil liability action’ shall not include

21 an action—

22 ‘‘(I) brought against a transferor

23 convicted under section 924(h), or a

24 comparable State felony law, by a per25 son directly harmed by the transferee’s
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1 criminal conduct, as defined in section

2 924(h); or

3 ‘‘(II) brought against a transferor

4 for negligent entrustment or negligence

5 per se.

6 ‘‘(B) IMMUNITY.—Notwithstanding any

7 other provision of law, a person who is—

8 ‘‘(i) a special registrant who performs

9 a background check in the manner pre10 scribed in this subsection at a gun show;

11 ‘‘(ii) a licensee or special licensee who

12 acquires a firearm at a gun show from a

13 nonlicensee, for transfer to another non14 licensee in attendance at the gun show, for

15 the purpose of effectuating a sale, trade, or

16 transfer between the 2 nonlicensees, all in

17 the manner prescribed for the acquisition

18 and disposition of a firearm under this

19 chapter; or

20 ‘‘(iii) a nonlicensee person disposing of

21 a firearm who uses the services of a person

22 described in clause (i) or (ii);

23 shall be entitled to immunity from civil liability

24 action as described in subparagraphs (C) and

25 (D).
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1 ‘‘(C) PROSPECTIVE ACTIONS.—A qualified

2 civil liability action may not be brought in any

3 Federal or State court.

4 ‘‘(D) DISMISSAL OF PENDING ACTIONS.—A

5 qualified civil liability action that is pending on

6 the date of enactment of this subsection shall be

7 dismissed immediately by the court.’’.

8 SEC. 1506. CONSTITUTIONALITY OF MEMORIAL SERVICES

9 AND MEMORIALS AT PUBLIC SCHOOLS.

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

11 finds that the saying of a prayer, the reading of a scripture,

12 or the performance of religious music as part of a memorial

13 service that is held on the campus of a public school in order

14 to honor the memory of any person slain on that campus

15 does not violate the First Amendment to the Constitution

16 of the United States, and that the design and construction

17 of any memorial that is placed on the campus of a public

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

19 on that campus a part of which includes religious symbols,

20 motifs, or sayings does not violate the First Amendment to

21 the Constitution of the United States.

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

23 of memorial or memorial service described in subsection (a)

24 violates the Constitution of the United States—
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1 (1) each party shall pay its own attorney’s fees

2 and costs, notwithstanding any other provision of

3 law, and

4 (2) the Attorney General of the United States is

5 authorized to provide legal assistance to the school

6 district or other governmental entity that is defending

7 the legality of such memorial service.

8 SEC. 1507. TWENTY-FIRST AMENDMENT ENFORCEMENT.

9 (a) SHIPMENT OF INTOXICATING LIQUOR INTO STATE

10 IN VIOLATION OF STATE LAW.—The Act entitled ‘‘An Act

11 divesting intoxicating liquors of their interstate character

12 in certain cases’’, approved March 1, 1913 (commonly

13 known as the ‘‘Webb-Kenyon Act’’) (27 U.S.C. 122) is

14 amended by adding at the end the following:

15 ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

16 ‘‘(a) DEFINITIONS.—In this section—

17 ‘‘(1) the term ‘attorney general’ means the attor18 ney general or other chief law enforcement officer of

19 a State, or the designee thereof;

20 ‘‘(2) the term ‘intoxicating liquor’ means any

21 spirituous, vinous, malted, fermented, or other intoxi22 cating liquor of any kind;

23 ‘‘(3) the term ‘person’ means any individual and

24 any partnership, corporation, company, firm, society,

25 association, joint stock company, trust, or other entity
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1 capable of holding a legal or beneficial interest in

2 property, but does not include a State or agency

3 thereof; and

4 ‘‘(4) the term ‘State’ means any State of the

5 United States, the District of Columbia, the Common6 wealth of Puerto Rico, or any territory or possession

7 of the United States.

8 ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If the

9 attorney general of a State has reasonable cause to believe

10 that a person is engaged in, is about to engage in, or has

11 engaged in, any act that would constitute a violation of

12 a State law regulating the importation or transportation

13 of any intoxicating liquor, the attorney general may bring

14 a civil action in accordance with this section for injunctive

15 relief (including a preliminary or permanent injunction or

16 other order) against the person, as the attorney general de17 termines to be necessary to—

18 ‘‘(1) restrain the person from engaging, or con19 tinuing to engage, in the violation; and

20 ‘‘(2) enforce compliance with the State law.

21 ‘‘(c) FEDERAL JURISDICTION.—

22 ‘‘(1) IN GENERAL.—The district courts of the

23 United States shall have jurisdiction over any action

24 brought under this section.
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1 ‘‘(2) VENUE.—An action under this section may

2 be brought only in accordance with section 1391 of

3 title 28, United States Code.

4 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR5 DERS.—

6 ‘‘(1) IN GENERAL.—In any action brought under

7 this section, upon a proper showing by the attorney

8 general of the State, the court shall issue a prelimi9 nary or permanent injunction or other order without

10 requiring the posting of a bond.

11 ‘‘(2) NOTICE.—No preliminary or permanent in12 junction or other order may be issued under para13 graph (1) without notice to the adverse party.

14 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre15 liminary or permanent injunction or other order en16 tered in an action brought under this section shall—

17 ‘‘(A) set forth the reasons for the issuance of

18 the order;

19 ‘‘(B) be specific in terms;

20 ‘‘(C) describe in reasonable detail, and not

21 by reference to the complaint or other document,

22 the act or acts to be restrained; and

23 ‘‘(D) be binding only upon—
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1 ‘‘(i) the parties to the action and the

2 officers, agents, employees, and attorneys of

3 those parties; and

4 ‘‘(ii) persons in active cooperation or

5 participation with the parties to the action

6 who receive actual notice of the order by

7 personal service or otherwise.

8 ‘‘(e) CONSOLIDATION OF HEARING WITH TRIAL ON

9 MERITS.—

10 ‘‘(1) IN GENERAL.—Before or after the com11 mencement of a hearing on an application for a pre12 liminary or permanent injunction or other order

13 under this section, the court may order the trial of the

14 action on the merits to be advanced and consolidated

15 with the hearing on the application.

16 ‘‘(2) ADMISSIBILITY OF EVIDENCE.—If the court

17 does not order the consolidation of a trial on the mer18 its with a hearing on an application described in

19 paragraph (1), any evidence received upon an appli20 cation for a preliminary or permanent injunction or

21 other order that would be admissible at the trial on

22 the merits shall become part of the record of the trial

23 and shall not be required to be received again at the

24 trial.
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1 ‘‘(f) NO RIGHT TO TRIAL BY JURY.—An action

2 brought under this section shall be tried before the court.

3 ‘‘(g) ADDITIONAL REMEDIES.—

4 ‘‘(1) IN GENERAL.—A remedy under this section

5 is in addition to any other remedies provided by law.

6 ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in

7 this section may be construed to prohibit an author8 ized State official from proceeding in State court on

9 the basis of an alleged violation of any State law.’’.

10 SEC. 1508. INTERSTATE SHIPMENT AND DELIVERY OF IN11 TOXICATING LIQUORS.

12 Chapter 59 of title 18, United States Code, is

13 amended—

14 (1) in section 1263—

15 (A) by inserting ‘‘a label on the shipping

16 container that clearly and prominently identifies

17 the contents as alcoholic beverages, and a’’ after

18 ‘‘accompanied by’’; and

19 (B) by inserting ‘‘and requiring upon deliv20 ery the signature of a person who has attained

21 the age for the lawful purchase of intoxicating

22 liquor in the State in which the delivery is

23 made,’’ after ‘‘contained therein,’’; and

24 (2) in section 1264, by inserting ‘‘or to any per25 son other than a person who has attained the age for
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1 the lawful purchase of intoxicating liquor in the State

2 in which the delivery is made,’’ after ‘‘consignee,’’.

3 SEC. 1509. DISCLAIMER ON MATERIALS PRODUCED, PRO4 CURED OR DISTRIBUTED FROM FUNDING AU5 THORIZED BY THIS ACT.

6 (a) All materials produced, procured, or distributed,

7 in whole or in part, as a result of Federal funding author8 ized under this Act for expenditure by Federal, State or

9 local governmental recipients or other nongovernmental en10 tities shall have printed thereon the following language:

11 ‘‘This material has been printed, procured or distrib12 uted, in whole or in part, at the expense of the Fed13 eral Government. Any person who objects to the accu14 racy of the material, to the completeness of the mate15 rial, or to the representations made within the mate16 rial, including objections related to this material’s

17 characterization of religious beliefs, are encouraged to

18 direct their comments to the office of the Attorney

19 General of the United States.’’.

20 (b) All materials produced, procured, or distributed

21 using funds authorized under this Act shall have printed

22 thereon, in addition to the language contained in para23 graph (a), a complete address for an office designated by

24 the Attorney General to receive comments from members of

25 the public.
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1 (c) The office designated under paragraph (b) by the

2 Attorney General to receive comments shall, every six

3 months, prepare an accurate summary of all comments re4 ceived by the office. This summary shall include details

5 about the number of comments received and the specific na6 ture of the concerns raised within the comments, and shall

7 be provided to the Chairmen of the Senate and House Judi8 ciary Committees, the Senate and House Education Com9 mittees, the Majority and Minority Leaders of the Senate,

10 and the Speaker and Minority Leader of the House of Rep11 resentatives. Further, the comments received shall be re12 tained by the office and shall be made available to any

13 member of the general public upon request.

14 SEC. 1510. AIMEE’S LAW.

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

16 ‘‘Aimee’s Law’’.

17 (b) DEFINITIONS.—In this section:

18 (1) DANGEROUS SEXUAL OFFENSE.—The term

19 ‘‘dangerous sexual offense’’ means sexual abuse or sex20 ually explicit conduct committed by an individual

21 who has attained the age of 18 years against an indi22 vidual who has not attained the age of 14 years.

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

24 meaning given the term under applicable State law.
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1 (3) RAPE.—The term ‘‘rape’’ has the meaning

2 given the term under applicable State law.

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

4 has the meaning given the term under applicable

5 State law.

6 (5) SEXUALLY EXPLICIT CONDUCT.—The term

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

8 term under applicable State law.

9 (c) REIMBURSEMENT TO STATES FOR CRIMES COM10 MITTED BY CERTAIN RELEASED FELONS.—

11 (1) PENALTY.—

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

13 a State convicts an individual of murder, rape,

14 or a dangerous sexual offense, who has a prior

15 conviction for any 1 of those offenses in a State

16 described in subparagraph (C), the Attorney

17 General shall transfer an amount equal to the

18 costs of incarceration, prosecution, and appre19 hension of that individual, from Federal law en20 forcement assistance funds that have been allo21 cated to but not distributed to the State that con22 victed the individual of the prior offense, to the

23 State account that collects Federal law enforce24 ment assistance funds of the State that convicted

25 that individual of the subsequent offense.
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1 (B) MULTIPLE STATES.—In any case in

2 which a State convicts an individual of murder,

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

4 prior conviction for any 1 or more of those of5 fenses in more than 1 other State described in

6 subparagraph (C), the Attorney General shall

7 transfer an amount equal to the costs of incar8 ceration, prosecution, and apprehension of that

9 individual, from Federal law enforcement assist10 ance funds that have been allocated to but not

11 distributed to each State that convicted such in12 dividual of the prior offense, to the State account

13 that collects Federal law enforcement assistance

14 funds of the State that convicted that individual

15 of the subsequent offense.

16 (C) STATE DESCRIBED.—A State is de17 scribed in this subparagraph if—

18 (i) the State has not adopted Federal

19 truth-in-sentencing guidelines under section

20 20104 of the Violent Crime Control and

21 Law Enforcement Act of 1994 (42 U.S.C.

22 13704);

23 (ii) the average term of imprisonment

24 imposed by the State on individuals con25 victed of the offense for which the individual
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1 described in subparagraph (A) or (B), as

2 applicable, was convicted by the State is

3 less than 10 percent above the average term

4 of imprisonment imposed for that offense in

5 all States; or

6 (iii) with respect to the individual de7 scribed in subparagraph (A) or (B), as ap8 plicable, the individual had served less than

9 85 percent of the term of imprisonment to

10 which that individual was sentenced for the

11 prior offense.

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

13 an amount transferred under paragraph (1), the chief

14 executive of a State shall submit to the Attorney Gen15 eral an application, in such form and containing

16 such information as the Attorney General may rea17 sonably require, which shall include a certification

18 that the State has convicted an individual of murder,

19 rape, or a dangerous sexual offense, who has a prior

20 conviction for 1 of those offenses in another State.

21 (3) SOURCE OF FUNDS.—Any amount trans22 ferred under paragraph (1) shall be derived by reduc23 ing the amount of Federal law enforcement assistance

24 funds received by the State that convicted such indi25 vidual of the prior offense before the distribution of
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1 the funds to the State. The Attorney General, in con2 sultation with the chief executive of the State that

3 convicted such individual of the prior offense, shall es4 tablish a payment schedule.

5 (4) CONSTRUCTION.—Nothing in this subsection

6 may be construed to diminish or otherwise affect any

7 court ordered restitution.

8 (5) EXCEPTION.—This subsection does not apply

9 if the individual convicted of murder, rape, or a dan10 gerous sexual offense has been released from prison

11 upon the reversal of a conviction for an offense de12 scribed in paragraph (1) and subsequently been con13 victed for an offense described in paragraph (1).

14 (d) COLLECTION OF RECIDIVISM DATA.—

15 (1) IN GENERAL.—Beginning with calendar year

16 1999, and each calendar year thereafter, the Attorney

17 General shall collect and maintain information relat18 ing to, with respect to each State—

19 (A) the number of convictions during that

20 calendar year for murder, rape, and any sex of21 fense in the State in which, at the time of the

22 offense, the victim had not attained the age of 14

23 years and the offender had attained the age of 18

24 years; and
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1 (B) the number of convictions described in

2 subparagraph (A) that constitute second or sub3 sequent convictions of the defendant of an offense

4 described in that subparagraph.

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

6 and on March 1 of each year thereafter, the Attorney

7 General shall submit to Congress a report, which shall

8 include—

9 (A) the information collected under para10 graph (1) with respect to each State during the

11 preceding calendar year; and

12 (B) the percentage of cases in each State in

13 which an individual convicted of an offense de14 scribed in paragraph (1)(A) was previously con15 victed of another such offense in another State

16 during the preceding calendar year.

17 SEC. 1511. DRUG TESTS AND LOCKER INSPECTIONS.

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

19 ‘‘School Violence Prevention Act’’.

20 (b) AMENDMENT.—Section 4116(b) of the Elementary

21 and Secondary Education Act of 1965 (20 U.S.C. 7116(b))

22 is amended—

23 (1) in paragraph (9), by striking ‘‘and’’ after the

24 semicolon;
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1 (2) by redesignating paragraph (10) as para2 graph (11); and

3 (3) by inserting after paragraph (9) the fol4 lowing:

5 ‘‘(10) consistent with the fourth amendment to

6 the Constitution of the United States, testing a stu7 dent for illegal drug use or inspecting a student’s

8 locker for guns, explosives, other weapons, or illegal

9 drugs, including at the request of or with the consent

10 of a parent or legal guardian of the student, if the

11 local educational agency elects to so test or inspect;

12 and’’.

13 SEC. 1512. WAIVER FOR LOCAL MATCH REQUIREMENT

14 UNDER COMMUNITY POLICING PROGRAM.

15 Section 1701(i) of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3796dd(i)) is amended

17 by adding at the end of the first sentence the following:

18 ‘‘The Attorney General shall waive the requirement

19 under this subsection of a non-Federal contribution to

20 the costs of a program, project, or activity that hires

21 law enforcement officers for placement in public

22 schools by a jurisdiction that demonstrates financial

23 need or hardship.’’.
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1 SEC. 1513. CARJACKING OFFENSES.

2 Section 2119 of title 18, United States Code, is amend3 ed by striking ‘‘, with the intent to cause death or serious

4 bodily harm’’.

5 SEC. 1514. SPECIAL FORFEITURE OF COLLATERAL PROFITS

6 OF CRIME.

7 Section 3681 of title 18, United States Code, is amend8 ed by striking subsection (a) and inserting the following:

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) FORFEITURE OF PROCEEDS.—Upon the mo11 tion of the United States attorney made at any time

12 after conviction of a defendant for an offense de13 scribed in paragraph (2), and after notice to any in14 terested party, the court shall order the defendant to

15 forfeit all or any part of proceeds received or to be re16 ceived by the defendant, or a transferee of the defend17 ant, from a contract relating to the transfer of a right

18 or interest of the defendant in any property described

19 in paragraph (3), if the court determines that—

20 ‘‘(A) the interests of justice or an order of

21 restitution under this title so require;

22 ‘‘(B) the proceeds (or part thereof) to be for23 feited reflect the enhanced value of the property

24 attributable to the offense; and

25 ‘‘(C) with respect to a defendant convicted

26 of an offense against a State—
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1 ‘‘(i) the property at issue, or the pro2 ceeds to be forfeited, have travelled in inter3 state or foreign commerce or were derived

4 through the use of an instrumentality of

5 interstate or foreign commerce; and

6 ‘‘(ii) the attorney general of the State

7 has declined to initiate a forfeiture action

8 with respect to the proceeds to be forfeited.

9 ‘‘(2) OFFENSES DESCRIBED.—An offense is de10 scribed in this paragraph if it is—

11 ‘‘(A) an offense under section 794 of this

12 title;

13 ‘‘(B) a felony offense against the United

14 States or any State; or

15 ‘‘(C) a misdemeanor offense against the

16 United States or any State resulting in physical

17 harm to any individual.

18 ‘‘(3) PROPERTY DESCRIBED.—Property is de19 scribed in this paragraph if it is any property, tan20 gible or intangible, including any—

21 ‘‘(A) evidence of the offense;

22 ‘‘(B) instrument of the offense, including

23 any vehicle used in the commission of the offense;

24 ‘‘(C) real estate where the offense was com25 mitted;
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1 ‘‘(D) document relating to the offense;

2 ‘‘(E) photograph or audio or video record3 ing relating to the offense;

4 ‘‘(F) clothing, jewelry, furniture, or other

5 personal property relating to the offense;

6 ‘‘(G) movie, book, newspaper, magazine,

7 radio or television production, or live entertain8 ment of any kind depicting the offense or other9 wise relating to the offense;

10 ‘‘(H) expression of the thoughts, opinions, or

11 emotions of the defendant regarding the offense;

12 or

13 ‘‘(I) other property relating to the offense.’’.

14 SEC. 1515. CALLER IDENTIFICATION SERVICES TO ELEMEN15 TARY AND SECONDARY SCHOOLS AS PART OF

16 UNIVERSAL SERVICE OBLIGATION.

17 (a) CLARIFICATION.—Section 254(h)(1)(B) of the

18 Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is

19 amended by inserting after ‘‘under subsection (c)(3),’’ the

20 following: ‘‘including caller identification services with re21 spect to elementary and secondary schools,’’.

22 (b) OUTREACH.—The Federal Communications Com23 mission shall take appropriate actions to notify elementary

24 and secondary schools throughout the United States of—
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1 (1) the availability of caller identification serv2 ices as part of the services that are within the defini3 tion of universal service under section 254(h)(1)(B) of

4 the Communications Act of 1934; and

5 (2) the procedures to be used by such schools in

6 applying for such services under that section.

7 SEC. 1516. PARENT LEADERSHIP MODEL.

8 (a) IN GENERAL.—The Administrator of the Office of

9 Juvenile Crime Control and Prevention is authorized to

10 make a grant to a national organization to provide train11 ing, technical assistance, best practice strategies, program

12 materials and other necessary support for a mutual sup13 port, parental leadership model proven to prevent child

14 abuse and juvenile delinquency.

15 (b) AUTHORIZATION.—There are authorized to be ap16 propriated out of the Violent Crime Trust Fund,

17 $3,000,000.

18 SEC. 1517. NATIONAL MEDIA CAMPAIGN AGAINST VIO19 LENCE.

20 There is authorized to be appropriated to the National

21 Crime Prevention Council not to exceed $25,000,000, to be

22 expended without fiscal-year limitation, for a 2-year na23 tional media campaign, to be conducted in consultation

24 with national, statewide or community based youth organi25 zations, Boys and Girls Clubs of America, and to be tar-
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1 geted to parents (and other caregivers) and to youth, to re2 duce and prevent violent criminal behavior by young Amer3 icans: Provided, That none of such funds may be used—

4 (1) to propose, influence, favor, or oppose any change in

5 any statute, rule, regulation, treaty, or other provision of

6 law; (2) for any partisan political purpose; (3) to feature

7 any elected officials, persons seeking elected office, cabinet8 level officials, or Federal officials employed pursuant to

9 Schedule C of title 5, Code of Federal Regulations, section

10 213; or (4) in any way that otherwise would violate section

11 1913 of title 18 of the United States Code: Provided further,

12 That, for purposes hereof, ‘‘violent criminal behavior by

13 young Americans’’ means behavior, by minors residing in

14 the United States (or in any jurisdiction under the sov15 ereign jurisdiction thereof), that both is illegal under Fed16 eral, State, or local law, and involves acts or threats of

17 physical violence, physical injury, or physical harm: Pro18 vided further, That not to exceed 10 percent of the funds

19 appropriated pursuant to this authorization shall be used

20 to commission an objective accounting, from a licensed and

21 certified public accountant, using generally-accepted ac22 counting principles, of the funds appropriated pursuant to

23 this authorization and of any other funds or in-kind dona24 tions spent or used in the campaign, and an objective eval25 uation both of the impact and cost-effectiveness of the cam-
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1 paign and of the campaign-related activities of the Council

2 and the Clubs, which accounting and evaluation shall be

3 submitted by the Council to the Committees on Appropria4 tions and the Judiciary of each House of Congress by not

5 later than 9 months after the conclusion of the campaign.

6 SEC. 1518. VICTIMS OF TERRORISM.

7 (a) IN GENERAL.—Section 1404B of the Victims of

8 Crime Act of 1984 (42 U.S.C. 10603b) is amended to read

9 as follows:

10 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

11 OF TERRORISM OR MASS VIOLENCE.

12 ‘‘(a) DEFINITIONS.—In this section—

13 ‘‘(1) the term ‘eligible crime victim compensation

14 program’ means a program that meets the require15 ments of section 1402(b);

16 ‘‘(2) the term ‘eligible crime victim assistance

17 program’ means a program that meets the require18 ments of section 1404(b);

19 ‘‘(3) the term ‘public agency’ includes any Fed20 eral, State, or local government or nonprofit organi21 zation; and

22 ‘‘(4) the term ‘victim’—

23 ‘‘(A) means an individual who is citizen or

24 employee of the United States, and who is in25 jured or killed as a result of a terrorist act or
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1 mass violence, whether occurring within or out2 side the United States; and

3 ‘‘(B) includes, in the case of an individual

4 described in subparagraph (A) who is deceased,

5 the family members of the individual.

6 ‘‘(b) GRANTS AUTHORIZED.—The Director may make

7 grants, as provided in either section 1402(d)(4)(B) or

8 1404—

9 ‘‘(1) to States, which shall be used for eligible

10 crime victim compensation programs and eligible

11 crime victim assistance programs for the benefit of

12 victims; and

13 ‘‘(2) to victim service organizations, and public

14 agencies that provide emergency or ongoing assistance

15 to victims of crime, which shall be used to provide, for

16 the benefit of victims—

17 ‘‘(A) emergency relief (including compensa18 tion, assistance, and crisis response) and other

19 related victim services; and

20 ‘‘(B) training and technical assistance for

21 victim service providers.

22 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion may be construed to supplant any compensation avail24 able under title VIII of the Omnibus Diplomatic Security

25 and Antiterrorism Act of 1986.’’.
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1 (b) APPLICABILITY.—The amendment made by this

2 section applies to any terrorist act or mass violence occur3 ring on or after December 20, 1988, with respect to which

4 an investigation or prosecution was ongoing after April 24,

5 1996.

6 SEC. 1519. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

7 (a) QUALIFICATION DATE.—Section 20104 of the Vio8 lent Crime Control and Law Enforcement Act of 1994 (42

9 U.S.C. 13704(a)(3)) is amended by striking ‘‘on April 26,

10 1996’’ and inserting ‘‘on or after April 26, 1996.’’

11 (b) MINIMUM AMOUNT.—Section 20106 of the Violent

12 Crime Control and Law Enforcement Act of 1994 (42

13 U.S.C. 13706) is amended by striking subsection (b) and

14 inserting the following:

15 ‘‘(b) FORMULA ALLOCATION.—The amount made

16 available to carry out this section for any fiscal year under

17 section 20104 shall be allocated as follows:

18 ‘‘(1) .75 percent shall be allocated to each State

19 that meets the requirements of section 20104, except

20 that the United States Virgin Islands, America

21 Samoa, Guam, and the Northern Mariana Islands

22 each shall be allocated 0.05 percent; and

23 ‘‘(2) The amount remaining after the application

24 of paragraph (1) shall be allocated to each State that

25 meets the requirements of section 20104 in the ratio
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1 that the average annual number of part 1 violent

2 crimes reported by that State to the Federal Bureau

3 of Investigation for the 3 years preceding the year in

4 which the determination is made bears to the average

5 annual number of part 1 violent crimes reported by

6 States that meet the requirements of section 20104 to

7 the Federal Bureau of Investigation for the 3 years

8 preceding the year in which the determination is

9 made, except that a State may not receive more than

10 25 percent of the total amount available for such

11 grants.’’.

12 SEC. 1520. APPLICATION OF PROVISION RELATING TO A

13 SENTENCE OF DEATH FOR AN ACT OF ANIMAL

14 ENTERPRISE TERRORISM.

15 Section 3591 of title 18, United States Code (relating

16 to circumstances under which a defendant may be sentenced

17 to death), shall apply to sentencing for a violation of section

18 43 of title 18, United States Code, as amended by this Act

19 to include the death penalty as a possible punishment.

20 SEC. 1521. PROHIBITIONS RELATING TO EXPLOSIVE MATE21 RIALS.

22 (a) PROHIBITION OF SALE, DELIVERY, OR TRANSFER

23 OF EXPLOSIVE MATERIALS TO CERTAIN INDIVIDUALS.—

24 Section 842 of title 18, United States Code, is amended by

25 striking subsection (d) and inserting the following:
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1 ‘‘(d) PROHIBITION OF SALE, DELIVERY, OR TRANSFER

2 OF EXPLOSIVE MATERIALS TO CERTAIN INDIVIDUALS.—It

3 shall be unlawful for any licensee to knowingly sell, deliver,

4 or transfer any explosive materials to any individual

5 who—

6 ‘‘(1) is less than 21 years of age;

7 ‘‘(2) is under indictment for, or has been con8 victed in any court of, a crime punishable by impris9 onment for a term exceeding 1 year;

10 ‘‘(3) is a fugitive from justice;

11 ‘‘(4) is an unlawful user of or addicted to any

12 controlled substance (as defined in section 102 of the

13 Controlled Substances Act (21 U.S.C. 802));

14 ‘‘(5) has been adjudicated as a mental defective

15 or has been committed to any mental institution;

16 ‘‘(6) being an alien—

17 ‘‘(A) is illegally or unlawfully in the United

18 States; or

19 ‘‘(B) except as provided in section 845(d),

20 has been admitted to the United States under a

21 nonimmigrant visa (as that term is defined in

22 section 101(a)(26) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(26));

24 ‘‘(7) has been discharged from the Armed Forces

25 under dishonorable conditions;
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1 ‘‘(8) having been a citizen of the United States,

2 has renounced his citizenship;

3 ‘‘(9) is subject to a court order that restrains

4 such person from harassing, stalking, or threatening

5 an intimate partner of such person or child of such

6 intimate partner or person, or engaging in other con7 duct that would place an intimate partner in reason8 able fear of bodily injury to the partner or child, ex9 cept that this paragraph shall only apply to a court

10 order that—

11 ‘‘(A) was issued after a hearing of which

12 such person received actual notice, and at which

13 such person had the opportunity to participate;

14 and

15 ‘‘(B)(i) includes a finding that such person

16 represents a credible threat to the physical safety

17 of such intimate partner or child; and

18 ‘‘(ii) by its terms explicitly prohibits the

19 use, attempted use, or threatened use of physical

20 force against such intimate partner or child that

21 would reasonably be expected to cause bodily in22 jury; or

23 ‘‘(10) has been convicted in any court of a mis24 demeanor crime of domestic violence.’’.
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1 (b) PROHIBITION ON SHIPPING, TRANSPORTING, POS2 SESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN INDI3 VIDUALS.—Section 842 of title 18, United States Code, is

4 amended by striking subsection (i) and inserting the fol5 lowing:

6 ‘‘(i) PROHIBITION ON SHIPPING, TRANSPORTING, POS7 SESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN INDI8 VIDUALS.—It shall be unlawful for any person to ship or

9 transport in interstate or foreign commerce, or possess, in

10 or affecting commerce, any explosive, or to receive any ex11 plosive that has been shipped or transported in interstate

12 or foreign commerce, if that person—

13 ‘‘(1) is less than 21 years of age;

14 ‘‘(2) has been convicted in any court, of a crime

15 punishable by imprisonment for a term exceeding 1

16 year;

17 ‘‘(3) is a fugitive from justice;

18 ‘‘(4) is an unlawful user of or addicted to any

19 controlled substance (as defined in section 102 of the

20 Controlled Substances Act (21 U.S.C. 802));

21 ‘‘(5) has been adjudicated as a mental defective

22 or who has been committed to a mental institution;

23 ‘‘(6) being an alien—

24 ‘‘(A) is illegally or unlawfully in the United

25 States; or
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1 ‘‘(B) except as provided in section 845(d),

2 has been admitted to the United States under a

3 nonimmigrant visa (as that term is defined in

4 section 101(a)(26) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(26));

6 ‘‘(7) has been discharged from the Armed Forces

7 under dishonorable conditions;

8 ‘‘(8) having been a citizen of the United States,

9 has renounced his citizenship; or

10 ‘‘(9) is subject to a court order that—

11 ‘‘(A) was issued after a hearing of which

12 such person received actual notice, and at which

13 such person had an opportunity to participate;

14 ‘‘(B) restrains such person from harassing,

15 stalking, or threatening an intimate partner of

16 such person or child of such intimate partner or

17 person, or engaging in other conduct that would

18 place an intimate partner in reasonable fear of

19 bodily injury to the partner or child; and

20 ‘‘(C)(i) includes a finding that such person

21 represents a credible threat to the physical safety

22 of such intimate partner or child; and

23 ‘‘(ii) by its terms explicitly prohibits the

24 use, attempted use, or threatened use of physical

25 force against such intimate partner or child that
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1 would reasonably be expected to cause bodily in2 jury; or

3 ‘‘(10) has been convicted in any court of a mis4 demeanor crime of domestic violence.’’.

5 (c) EXCEPTIONS AND WAIVER FOR CERTAIN INDIVID6 UALS.—Section 845 of title 18, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(d) EXCEPTIONS AND WAIVER FOR CERTAIN INDIVID9 UALS.—

10 ‘‘(1) DEFINITIONS.—In this subsection—

11 ‘‘(A) the term ‘alien’ has the same meaning

12 as in section 101(a)(3) of the Immigration and

13 Nationality Act (8 U.S.C. 1101(a)(3)); and

14 ‘‘(B) the term ‘nonimmigrant visa’ has the

15 same meaning as in section 101(a)(26) of the

16 Immigration and Nationality Act (8 U.S.C.

17 1101(a)(26)).

18 ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B) and

19 (i)(5)(B) of section 842 do not apply to any alien

20 who has been lawfully admitted to the United States

21 pursuant to a nonimmigrant visa, if that alien is—

22 ‘‘(A) admitted to the United States for law23 ful hunting or sporting purposes;

24 ‘‘(B) a foreign military personnel on official

25 assignment to the United States;
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1 ‘‘(C) an official of a foreign government or

2 a distinguished foreign visitor who has been so

3 designated by the Department of State; or

4 ‘‘(D) a foreign law enforcement officer of a

5 friendly foreign government entering the United

6 States on official law enforcement business.

7 ‘‘(3) WAIVER.—

8 ‘‘(A) IN GENERAL.—Any individual who

9 has been admitted to the United States under a

10 nonimmigrant visa and who is not described in

11 paragraph (2), may receive a waiver from the

12 applicability of subsection (d)(5)(B) or (i)(5)(B)

13 of section 842, if—

14 ‘‘(i) the individual submits to the At15 torney General a petition that meets the re16 quirements of subparagraph (B); and

17 ‘‘(ii) the Attorney General approves the

18 petition.

19 ‘‘(B) PETITIONS.—Each petition under sub20 paragraph (A)(i) shall—

21 ‘‘(i) demonstrate that the petitioner has

22 resided in the United States for a contin23 uous period of not less than 180 days before

24 the date on which the petition is submitted

25 under this paragraph; and
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1 ‘‘(ii) include a written statement from

2 the embassy or consulate of the petitioner,

3 authorizing the petitioner to engage in any

4 activity prohibited under subsection (d) or

5 (i) of section 842, as applicable, and certi6 fying that the petitioner would not other7 wise be prohibited from engaging in that

8 activity under subsection (d) or (i) of sec9 tion 842, as applicable.’’.

10 SEC. 1522. DISTRICT JUDGES FOR DISTRICTS IN THE

11 STATES OF ARIZONA, FLORIDA, AND NEVADA.

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

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

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

15 and with the advice and consent of the Senate—

16 (1) 3 additional district judges for the district of

17 Arizona;

18 (2) 4 additional district judges for the middle

19 district of Florida; and

20 (3) 2 additional district judges for the district of

21 Nevada.

22 (c) TABLES.—In order that the table contained in sec23 tion 133 of title 28, United States Code, will reflect the

24 changes in the total number of permanent district judge-
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1 ships authorized as a result of subsection (a) of this

2 section—

3 (1) the item relating to Arizona in such table is

4 amended to read as follows:

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

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

6 amended to read as follows:

‘‘Florida:

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

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

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

7 and

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

9 amended to read as follows:

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

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated such sums as may be nec12 essary to carry out the provisions of this section, including

13 such sums as may be necessary to provide appropriate space

14 and facilities for the judicial positions created by this sec15 tion.

16 SEC. 1523. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH

17 ON YOUTH VIOLENCE.

18 (a) NIH RESEARCH.—The National Institutes of

19 Health, acting through the Office of Behavioral and Social

20 Sciences Research, shall carry out a coordinated, multi-year

21 course of behavioral and social science research on the

22 causes and prevention of youth violence.
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1 (b) NATURE OF RESEARCH.—Funds made available to

2 the National Institutes of Health pursuant to this section

3 shall be utilized to conduct, support, coordinate, and dis4 seminate basic and applied behavioral and social science

5 research with respect to youth violence, including research

6 on 1 or more of the following subjects:

7 (1) The etiology of youth violence.

8 (2) Risk factors for youth violence.

9 (3) Childhood precursors to antisocial violent be10 havior.

11 (4) The role of peer pressure in inciting youth

12 violence.

13 (5) The processes by which children develop pat14 terns of thought and behavior, including beliefs about

15 the value of human life.

16 (6) Science-based strategies for preventing youth

17 violence, including school and community-based pro18 grams.

19 (7) Other subjects that the Director of the Office

20 of Behavioral and Social Sciences Research deems ap21 propriate.

22 (c) ROLE OF THE OFFICE OF BEHAVIORAL AND SO23 CIAL SCIENCES RESEARCH.—Pursuant to this section and

24 section 404A of the Public Health Service Act (42 U.S.C.
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1 283c), the Director of the Office of Behavioral and Social

2 Sciences Research shall—

3 (1) coordinate research on youth violence con4 ducted or supported by the agencies of the National

5 Institutes of Health;

6 (2) identify youth violence research projects that

7 should be conducted or supported by the research in8 stitutes, and develop such projects in cooperation with

9 such institutes and in consultation with State and

10 Federal law enforcement agencies;

11 (3) take steps to further cooperation and collabo12 ration between the National Institutes of Health and

13 the Centers for Disease Control and Prevention, the

14 Substance Abuse and Mental Health Services Admin15 istration, the agencies of the Department of Justice,

16 and other governmental and nongovernmental agen17 cies with respect to youth violence research conducted

18 or supported by such agencies;

19 (4) establish a clearinghouse for information

20 about youth violence research conducted by govern21 mental and nongovernmental entities; and

22 (5) periodically report to Congress on the state

23 of youth violence research and make recommendations

24 to Congress regarding such research.
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1 (d) FUNDING.—There is authorized to be appropriated,

2 $5,000,000 for each of fiscal years 2000 through 2004 to

3 carry out this section. If amount are not separately appro4 priated to carry out this section, the Director of the Na5 tional Institutes of Health shall carry out this section using

6 funds appropriated generally to the National Institutes of

7 Health, except that funds expended for under this section

8 shall supplement and not supplant existing funding for be9 havioral research activities at the National Institutes of

10 Health.

11 SEC. 1524. SENSE OF THE SENATE REGARDING MENTORING

12 PROGRAMS.

13 (a) FINDINGS.—The Senate finds that—

14 (1) the well-being of all people of the United

15 States is preserved and enhanced when young people

16 are given the guidance they need to live healthy and

17 productive lives;

18 (2) adult mentors can play an important role in

19 ensuring that young people become healthy, produc20 tive, successful members of society;

21 (3) at-risk young people with mentors are 46

22 percent less likely to begin using illegal drugs than

23 at-risk young people without mentors;
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1 (4) at-risk young people with mentors are 27

2 percent less likely to begin using alcohol than at-risk

3 young people without mentors;

4 (5) at-risk young people with mentors are 53

5 percent less likely to skip school than at-risk young

6 people without mentors;

7 (6) at-risk young people with mentors are 33

8 percent less likely to hit someone than at-risk young

9 people without mentors;

10 (7) 73 percent of students with mentors report

11 that their mentors helped raise their goals and expec12 tations; and

13 (8) there are many employees of the Federal Gov14 ernment who would like to serve as youth or family

15 mentors but are unable to leave their jobs to partici16 pate in mentoring programs.

17 (b) SENSE OF THE SENATE.—It is the sense of the Sen18 ate that the President should issue an Executive Order al19 lowing all employees of the Federal Government to use a

20 maximum of 1 hour each week of excused absence or admin21 istrative leave to serve as mentors in youth or family men22 toring programs.

23 SEC. 1525. FAMILIES AND SCHOOLS TOGETHER PROGRAM.

24 (a) DEFINITIONS.—In this section:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Office of Juve3 nile Justice and Delinquency in the Department of

4 Justice.

5 (2) FAST PROGRAM.—The term ‘‘FAST pro6 gram’’ means a program that addresses the urgent so7 cial problems of youth violence and chronic juvenile

8 delinquency by building and enhancing juveniles’ re9 lationships with their families, peers, teachers, school

10 staff, and other members of the community by bring11 ing together parents, schools, and communities to

12 help—

13 (A) at-risk children identified by their

14 teachers to succeed;

15 (B) enhance the functioning of families with

16 at-risk children;

17 (C) prevent alcohol and other drug abuse in

18 the family; and

19 (D) reduce the stress that their families ex20 perience from daily life.

21 (b) AUTHORIZATION.—In consultation with the Attor22 ney General, the Secretary of Education, and the Secretary

23 of the Department of Health and Human Services, the Ad24 ministrator shall carry out a Family and Schools Together

25 program to promote FAST programs.
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1 (c) REGULATIONS.—Not later than 60 days after the

2 date of enactment of this Act, the Administrator, in con3 sultation with the Attorney General, the Secretary of Edu4 cation, and the Secretary of the Department of Health and

5 Human Services shall develop regulations governing the

6 distribution of the funds for FAST programs.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—There is authorized to be ap9 propriated to carry out this section $9,000,000 for

10 each of the fiscal years 2000 through 2004.

11 (2) ALLOCATION.—Of amounts appropriated

12 under paragraph (1)—

13 (A) 83.33 percent shall be available for the

14 implementation of local FAST programs; and

15 (B) 16.67 percent shall be available for re16 search and evaluation of FAST programs.

17 SEC. 1526. AMENDMENTS RELATING TO VIOLENT CRIME IN

18 INDIAN COUNTRY AND AREAS OF EXCLUSIVE

19 FEDERAL JURISDICTION.

20 (a) ASSAULTS WITH MARITIME AND TERRITORIAL JU21 RISDICTION.—Section 113(a)(3) of title 18, United States

22 Code, is amended by striking ‘‘with intent to do bodily

23 harm, and’’.
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1 (b) OFFENSES COMMITTED WITHIN INDIAN COUN2 TRY.—Section 1153 of title 18, United States Code, is

3 amended—

4 (1) in subsection (a), by inserting ‘‘an offense for

5 which the maximum statutory term of imprisonment

6 under section 1363 is greater than 5 years,’’ after ‘‘a

7 felony under chapter 109A,’’; and

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

9 ‘‘(c) Nothing in this section shall limit the inherent

10 power of an Indian tribe to exercise criminal jurisdiction

11 over any Indian with respect to any offense committed

12 within Indian country, subject to the limitations on punish13 ment under section 202(7) of the Civil Rights Act of 1968

14 (25 U.S.C. 1302(7)).’’.

15 (c) RACKETEERING ACTIVITY.—Section 1961(1)(A) of

16 title 18, United States Code, is amended by inserting ‘‘(or

17 would have been so chargeable except that the act or threat

18 was committed in Indian country, as defined in section

19 1151, or in any other area of exclusive Federal jurisdic20 tion)’’ after ‘‘chargeable under State law’’.

21 (d) MANSLAUGHTER WITHIN THE SPECIAL MARITIME

22 AND TERRITORIAL JURISDICTION OF THE UNITED

23 STATES.—Section 1112(b) of title 18, United States Code,

24 is amended by striking ‘‘ten years’’ and inserting ‘‘20

25 years’’.
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1 (e) EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL

2 ORGANIZATIONS.—The second undesignated paragraph of

3 section 1163 of title 18, United States Code, is amended

4 by striking ‘‘so embezzled,’’ and inserting ‘‘embezzled,’’.

5 SEC. 1527. FEDERAL JUDICIARY PROTECTION ACT OF 1999.

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

7 ‘‘Federal Judiciary Protection Act of 1999’’.

8 (b) ASSAULTING, RESISTING, OR IMPEDING CERTAIN

9 OFFICERS OR EMPLOYEES.—Section 111 of title 18, United

10 States Code, is amended—

11 (1) in subsection (a), by striking ‘‘three’’ and in12 serting ‘‘8’’; and

13 (2) in subsection (b), by striking ‘‘ten’’ and in14 serting ‘‘20’’.

15 (c) INFLUENCING, IMPEDING, OR RETALIATING

16 AGAINST A FEDERAL OFFICIAL BY THREATENING OR IN17 JURING A FAMILY MEMBER.—Section 115(b)(4) of title 18,

18 United States Code, is amended—

19 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

20 (2) by striking ‘‘three’’ and inserting ‘‘6’’.

21 (d) MAILING THREATENING COMMUNICATIONS.—Sec22 tion 876 of title 18, United States Code, is amended—

23 (1) by designating the first 4 undesignated para24 graphs as subsections (a) through (d), respectively;
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1 (2) in subsection (c), as so designated, by adding

2 at the end the following: ‘‘If such a communication is

3 addressed to a United States judge, a Federal law en4 forcement officer, or an official who is covered by sec5 tion 1114, the individual shall be fined under this

6 title, imprisoned not more than 10 years, or both.’’;

7 and

8 (3) in subsection (d), as so designated, by adding

9 at the end the following: ‘‘If such a communication is

10 addressed to a United States judge, a Federal law en11 forcement officer, or an official who is covered by sec12 tion 1114, the individual shall be fined under this

13 title, imprisoned not more than 10 years, or both.’’.

14 (e) AMENDMENT OF THE SENTENCING GUIDELINES

15 FOR ASSAULTS AND THREATS AGAINST FEDERAL JUDGES

16 AND CERTAIN OTHER FEDERAL OFFICIALS AND EMPLOY17 EES.—

18 (1) IN GENERAL.—Pursuant to its authority

19 under section 994 of title 28, United States Code, the

20 United States Sentencing Commission shall review

21 and amend the Federal sentencing guidelines and the

22 policy statements of the Commission, if appropriate,

23 to provide an appropriate sentencing enhancement for

24 offenses involving influencing, assaulting, resisting,

25 impeding, retaliating against, or threatening a Fed-
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1 eral judge, magistrate judge, or any other official de2 scribed in section 111 or 115 of title 18, United

3 States Code.

4 (2) FACTORS FOR CONSIDERATION.—In carrying

5 out this section, the United States Sentencing Com6 mission shall consider, with respect to each offense de7 scribed in paragraph (1)—

8 (A) any expression of congressional intent

9 regarding the appropriate penalties for the of10 fense;

11 (B) the range of conduct covered by the of12 fense;

13 (C) the existing sentences for the offense;

14 (D) the extent to which sentencing enhance15 ments within the Federal sentencing guidelines

16 and the court’s authority to impose a sentence in

17 excess of the applicable guideline range are ade18 quate to ensure punishment at or near the max19 imum penalty for the most egregious conduct

20 covered by the offense;

21 (E) the extent to which Federal sentencing

22 guideline sentences for the offense have been con23 strained by statutory maximum penalties;

24 (F) the extent to which Federal sentencing

25 guidelines for the offense adequately achieve the
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1 purposes of sentencing as set forth in section

2 3553(a)(2) of title 18, United States Code;

3 (G) the relationship of Federal sentencing

4 guidelines for the offense to the Federal sen5 tencing guidelines for other offenses of com6 parable seriousness; and

7 (H) any other factors that the Commission

8 considers to be appropriate.

9 SEC. 1528. LOCAL ENFORCEMENT OF LOCAL ALCOHOL PRO10 HIBITIONS THAT REDUCE JUVENILE CRIME

11 IN REMOTE ALASKA VILLAGES.

12 (a) CONGRESSIONAL FINDINGS.—The Congress finds

13 the following:

14 (1) Villages in remote areas of Alaska lack local

15 law enforcement due to the absence of a tax base to

16 support such services and to small populations that

17 do not secure sufficient funds under existing State

18 and Federal grant program formulas.

19 (2) State troopers are often unable to respond to

20 reports of violence in remote villages if there is in21 clement weather, and often only respond in reported

22 felony cases.

23 (3) Studies conclude that alcohol consumption is

24 strongly linked to the commission of violent crimes in

25 remote Alaska villages and that youth are particu-
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1 larly susceptible to developing chronic criminal be2 haviors associated with alcohol in the absence of early

3 intervention.

4 (4) Many remote villages have sought to limit the

5 introduction of alcohol into their communities as a

6 means of early intervention and to reduce criminal

7 conduct among juveniles.

8 (5) In many remote villages, there is no person

9 with the authority to enforce these local alcohol re10 strictions in a manner consistent with judicical

11 standards of due process required under the State and

12 Federal constitutions.

13 (6) Remote Alaska villages are experiencing a

14 marked increase in births and the number of juveniles

15 residing in villages is expected to increase dramati16 cally in the next 5 years.

17 (7) Adoption of alcohol prohibitions by voters in

18 remote villages represents a community-based effort to

19 reduce juvenile crime, but this local policy choice re20 quires local law enforcement to be effective.

21 (b) GRANT OF FEDERAL FUNDS.—(1) The Attorney

22 General is authorized to provide to the State of Alaska

23 funds for State law enforcement, judicial infrastructure and

24 other costs necessary in remote villages to implement the
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1 prohibitions on the sale, importation and possession of alco2 hol adopted pursuant to State local option statutes.

3 (2) Funds provided to the State of Alaska under this

4 section shall be in addition to and shall not disqualify the

5 State, local governments, or Indian tribes (as that term is

6 defined in section 4(e) of the Indian Self-Determination

7 and Education Assistance Act (P.L. 93–638, as amended;

8 25 U.S.C. 450b(e) (1998)) from Federal funds available

9 under other authority.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to carry out this section—

13 (A) $15,000,000 for fiscal year 2000;

14 (B) $17,000,000 for fiscal year 2001;

15 (C) $18,000,000 for fiscal year 2002.

16 (2) SOURCE OF SUMS.—Amounts authorized to

17 be appropriated under this subsection may be derived

18 from the Violent Crime Reduction Trust Fund.

19 SEC. 1529. RULE OF CONSTRUCTION.

20 Nothing in this Act may be construed to create, expand

21 or diminish or in any way affect the jurisdiction of an In22 dian tribe in the State of Alaska.

23 SEC. 1530. BOUNTY HUNTER ACCOUNTABILITY AND QUAL24 ITY ASSISTANCE.

25 (a) FINDINGS.—Congress finds that—
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1 (1) bounty hunters, also known as bail enforce2 ment officers or recovery agents, provide law enforce3 ment officers and the courts with valuable assistance

4 in recovering fugitives from justice;

5 (2) regardless of the differences in their duties,

6 skills, and responsibilities, the public has had dif7 ficulty in discerning the difference between law en8 forcement officers and bounty hunters;

9 (3) the availability of bail as an alternative to

10 the pretrial detention or unsecured release of criminal

11 defendants is important to the effective functioning of

12 the criminal justice system;

13 (4) the safe and timely return to custody of fugi14 tives who violate bail contracts is an important mat15 ter of public safety, as is the return of any other fugi16 tive from justice;

17 (5) bail bond agents are widely regulated by the

18 States, whereas bounty hunters are largely unregu19 lated;

20 (6) the public safety requires the employment of

21 qualified, well-trained bounty hunters; and

22 (7) in the course of their duties, bounty hunters

23 often move in and affect interstate commerce.

24 (b) DEFINITIONS.—In this section—
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1 (1) the term ‘‘bail bond agent’’ means any retail

2 seller of a bond to secure the release of a criminal de3 fendant pending judicial proceedings, unless such per4 son also is self-employed to obtain the recovery of any

5 fugitive from justice who has been released on bail;

6 (2) the term ‘‘bounty hunter’’—

7 (A) means any person whose services are

8 engaged, either as an independent contractor or

9 as an employee of a bounty hunter employer, to

10 obtain the recovery of any fugitive from justice

11 who has been released on bail; and

12 (B) does not include any—

13 (i) law enforcement officer acting

14 under color of law;

15 (ii) attorney, accountant, or other pro16 fessional licensed under applicable State

17 law;

18 (iii) employee whose duties are pri19 marily internal audit or credit functions;

20 (iv) person while engaged in the per21 formance of official duties as a member of

22 the Armed Forces on active duty (as defined

23 in section 101(d)(1) of title 10, United

24 States Code); or

25 (v) bail bond agent;
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1 (3) the term ‘‘bounty hunter employer’’—

2 (A) means any person that—

3 (i) employs 1 or more bounty hunters;

4 or

5 (ii) provides, as an independent con6 tractor, for consideration, the services of 1

7 or more bounty hunters (which may include

8 the services of that person); and

9 (B) does not include any bail bond agent;

10 and

11 (4) the term ‘‘law enforcement officer’’ means a

12 public officer or employee authorized under applicable

13 Federal or State law to conduct or engage in the pre14 vention, investigation, prosecution, or adjudication of

15 criminal offenses, including any public officer or em16 ployee engaged in corrections, parole, or probation

17 functions, or the recovery of any fugitive from justice.

18 (c) MODEL GUIDELINES.—

19 (1) IN GENERAL.—Not later than 180 days after

20 the date of enactment of this Act, the Attorney Gen21 eral shall develop model guidelines for the State con22 trol and regulation of persons employed or applying

23 for employment as bounty hunters. In developing such

24 guidelines, the Attorney General shall consult with or25 ganizations representing—
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1 (A) State and local law enforcement officers;

2 (B) State and local prosecutors;

3 (C) the criminal defense bar;

4 (D) bail bond agents;

5 (E) bounty hunters; and

6 (F) corporate sureties.

7 (2) RECOMMENDATIONS.—The guidelines devel8 oped under paragraph (1) shall include recommenda9 tions of the Attorney General regarding whether—

10 (A) a person seeking employment as a boun11 ty hunter should—

12 (i) be required to submit to a finger13 print-based criminal background check

14 prior to entering into the performance of

15 duties pursuant to employment as a bounty

16 hunter; or

17 (ii) not be allowed to obtain such em18 ployment if that person has been convicted

19 of a felony offense under Federal or State

20 law;

21 (B) bounty hunters and bounty hunter em22 ployers should be required to obtain adequate li23 ability insurance for actions taken in the course

24 of performing duties pursuant to employment as

25 a bounty hunter; and
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1 (C) State laws should provide—

2 (i) for the prohibition on bounty hunt3 ers entering any private dwelling, unless the

4 bounty hunter first knocks on the front door

5 and announces the presence of 1 or more

6 bounty hunters; and

7 (ii) the official recognition of bounty

8 hunters from other States.

9 (3) EFFECT ON BAIL.—The guidelines published

10 under paragraph (1) shall include an analysis of the

11 estimated effect, if any, of the adoption of the guide12 lines by the States on—

13 (A) the cost and availability of bail; and

14 (B) the bail bond agent industry.

15 (4) NO REGULATORY AUTHORITY.—Nothing in

16 this subsection may be construed to authorize the pro17 mulgation of any Federal regulation relating to boun18 ty hunters, bounty hunter employers, or bail bond

19 agents.

20 (5) PUBLICATION OF GUIDELINES.—The Attor21 ney General shall publish model guidelines developed

22 pursuant to paragraph (1) in the Federal Register.
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1 SEC. 1531. ASSISTANCE FOR UNINCORPORATED NEIGHBOR2 HOOD WATCH PROGRAMS.

3 (a) IN GENERAL.—Section 1701(d) of title I of the

4 Omnibus Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3796dd(d)) is amended—

6 (1) in paragraph (10), by striking ‘‘and’’ at the

7 end;

8 (2) in paragraph (11), by striking the period at

9 the end and inserting ‘‘; and’’; and

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

11 ‘‘(12) provide assistance to unincorporated

12 neighborhood watch organizations approved by the

13 appropriate local police or sheriff’s department, in an

14 amount equal to not more than $1,950 per organiza15 tion, for the purchase of citizen band radios, street

16 signs, magnetic signs, flashlights, and other equip17 ment relating to neighborhood watch patrols.’’.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

19 1001(a)(11) of title I of the Omnibus Crime Control and

20 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is

21 amended—

22 (1) in subparagraph (A), by striking clause (vi)

23 and inserting the following:

24 ‘‘(vi) $282,625,000 for fiscal year 2000.’’; and

25 (2) in subparagraph (B) by inserting after ‘‘(B)’’

26 the following: ‘‘Of amounts made available to carry
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1 out part Q in each fiscal year $14,625,000 shall be

2 used to carry out section 1701(d)(12).’’.

3 SEC. 1532. FINDINGS AND SENSE OF CONGRESS.

4 (a) FINDINGS.—Congress makes the following

5 findings—

6 (1) The Nation’s highest priority should be to en7 sure that children begin school ready to learn.

8 (2) New scientific research shows that the elec9 trical activity of brain cells actually changes the

10 physical structure of the brain itself and that without

11 a stimulating environment, a baby’s brain will suffer.

12 At birth, a baby’s brain contains 100,000,000,000

13 neurons, roughly as many nerve cells as there are

14 stars in the Milky Way, but the wiring pattern be15 tween these neurons develops over time. Children who

16 play very little or are rarely touched develop brains

17 that are 20 to 30 percent smaller than normal for

18 their age.

19 (3) This scientific research also conclusively

20 demonstrates that enhancing children’s physical, so21 cial, emotional, and intellectual development will re22 sult in tremendous benefits for children, families, and

23 the Nation.

24 (4) Since more than 50 percent of the mothers of

25 children under the age of 3 now work outside of the
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1 home, society must change to provide new supports so

2 young children receive the attention and care that

3 they need.

4 (5) There are 12,000,000 children under the age

5 of 3 in the United States today and 1 in 4 lives in

6 poverty.

7 (6) Compared with most other industrialized

8 countries, the United States has a higher infant mor9 tality rate, a higher proportion of low-birth weight

10 babies, and a smaller proportion of babies immunized

11 against childhood diseases.

12 (7) National and local studies have found a

13 strong link between—

14 (A) lack of early intervention for children;

15 and

16 (B) increased violence and crime among

17 youth.

18 (8) The United States will spend more than

19 $35,000,000,000 over the next 5 years on Federal pro20 grams for at-risk or delinquent youth and child wel21 fare programs, which address crisis situations that

22 frequently could have been avoided or made much less

23 severe through good early intervention for children.

24 (9) Many local communities across the country

25 have developed successful early childhood efforts and
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1 with additional resources could expand and enhance

2 opportunities for young children.

3 (b) SENSE OF CONGRESS.—It is the sense of Congress

4 that Federal funding for early childhood development

5 collaboratives should be a priority in the Federal budget

6 for fiscal year 2000 and subsequent fiscal years.

7 SEC. 1533. PROHIBITION ON PROMOTING VIOLENCE ON

8 FEDERAL PROPERTY.

9 (a) GENERAL RULE.—A Federal department or agency

10 that—

11 (1) considers a request from an individual or en12 tity for the use of any property, facility, equipment,

13 or personnel of the department or agency, or for any

14 other cooperation from the department or agency, to

15 film a motion picture or television production for

16 commercial purposes; and

17 (2) makes a determination as to whether grant18 ing a request described in paragraph (1) is consistent

19 with—

20 (A) United States policy;

21 (B) the mission or interest of the depart22 ment or agency; or

23 (C) the public interest;
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1 shall not grant such a request without considering whether

2 such motion picture or television production glorifies or en3 dorses wanton and gratuitous violence.

4 (b) EXCEPTION.—Subsection (a) shall not apply to—

5 (1) any bona fide newsreel or news television

6 production; or

7 (2) any public service announcement.

8 SEC. 1534. PROVISIONS RELATING TO PAWN SHOPS AND

9 SPECIAL LICENSEES.

10 (a) Notwithstanding any other provision of this Act,

11 the repeal heretofore effected by paragraph (1) and the

12 amendment heretofore effected by paragraph (2) of sub13 section (c) with the heading ‘‘Provision Related to Pawn

14 and Other Transactions’’ of section 503 of title V with the

15 heading ‘‘General Firearm Provisions’’ shall be null and

16 void.

17 (b) Notwithstanding any other provision of this Act,

18 section 923(m)(1), of title 18, United States Code, as here19 tofore provided, is amended by adding at the end the fol20 lowing subparagraph:

21 ‘‘(F) COMPLIANCE.—Except as to the State

22 and local planning and zoning requirements for

23 a licensed premises as provided in subparagraph

24 (D), a special licensee shall be subject to all of

25 the provisions of this chapter applicable to deal-
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1 ers, including, but not limited to, the perform2 ance of an instant background check.’’.

3 SEC. 1535. EXTENSION OF BRADY BACKGROUND CHECKS TO

4 GUN SHOWS.

5 (a) FINDINGS.—Congress finds that—

6 (1) more than 4,400 traditional gun shows are

7 held annually across the United States, attracting

8 thousands of attendees per show and hundreds of Fed9 eral firearms licensees and nonlicensed firearms sell10 ers;

11 (2) traditional gun shows, as well as flea mar12 kets and other organized events, at which a large

13 number of firearms are offered for sale by Federal

14 firearms licensees and nonlicensed firearms sellers,

15 form a significant part of the national firearms mar16 ket;

17 (3) firearms and ammunition that are exhibited

18 or offered for sale or exchange at gun shows, flea mar19 kets, and other organized events move easily in and

20 substantially affect interstate commerce;

21 (4) in fact, even before a firearm is exhibited or

22 offered for sale or exchange at a gun show, flea mar23 ket, or other organized event, the gun, its component

24 parts, ammunition, and the raw materials from
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1 which it is manufactured have moved in interstate

2 commerce;

3 (5) gun shows, flea markets, and other organized

4 events at which firearms are exhibited or offered for

5 sale or exchange, provide a convenient and centralized

6 commercial location at which firearms may be bought

7 and sold anonymously, often without background

8 checks and without records that enable gun tracing;

9 (6) at gun shows, flea markets, and other orga10 nized events at which guns are exhibited or offered for

11 sale or exchange, criminals and other prohibited per12 sons obtain guns without background checks and fre13 quently use guns that cannot be traced to later com14 mit crimes;

15 (7) many persons who buy and sell firearms at

16 gun shows, flea markets, and other organized events

17 cross State lines to attend these events and engage in

18 the interstate transportation of firearms obtained at

19 these events;

20 (8) gun violence is a pervasive, national problem

21 that is exacerbated by the availability of guns at gun

22 shows, flea markets, and other organized events;

23 (9) firearms associated with gun shows have been

24 transferred illegally to residents of another State by

25 Federal firearms licensees and nonlicensed firearms
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1 sellers, and have been involved in subsequent crimes

2 including drug offenses, crimes of violence, property

3 crimes, and illegal possession of firearms by felons

4 and other prohibited persons; and

5 (10) Congress has the power, under the interstate

6 commerce clause and other provisions of the Constitu7 tion of the United States, to ensure, by enactment of

8 this Act, that criminals and other prohibited persons

9 do not obtain firearms at gun shows, flea markets,

10 and other organized events.

11 (b) DEFINITIONS.—Section 921(a) of title 18, United

12 States Code, is amended by adding at the end the following:

13 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any

14 event—

15 ‘‘(A) at which 50 or more firearms are offered or

16 exhibited for sale, transfer, or exchange, if 1 or more

17 of the firearms has been shipped or transported in, or

18 otherwise affects, interstate or foreign commerce; and

19 ‘‘(B) at which—

20 ‘‘(i) not less than 20 percent of the exhibi21 tors are firearm exhibitors;

22 ‘‘(ii) there are not less than 10 firearm ex23 hibitors; or

24 ‘‘(iii) 50 or more firearms are offered for

25 sale, transfer, or exchange.
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1 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show

2 promoter’ means any person who organizes, plans, pro3 motes, or operates a gun show.

4 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show ven5 dor’ means any person who exhibits, sells, offers for sale,

6 transfers, or exchanges 1 or more firearms at a gun show,

7 regardless of whether or not the person arranges with the

8 gun show promoter for a fixed location from which to ex9 hibit, sell, offer for sale, transfer, or exchange 1 or more

10 firearms.’’

11 (c) REGULATION OF FIREARMS TRANSFERS AT GUN

12 SHOWS.—

13 (1) IN GENERAL.—Chapter 44 of title 18, United

14 States Code, is amended by adding at the end the fol15 lowing:

16 ‘‘§ 931. Regulation of firearms transfers at gun shows

17 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—It

18 shall be unlawful for any person to organize, plan, promote,

19 or operate a gun show unless that person—

20 ‘‘(1) registers with the Secretary in accordance

21 with regulations promulgated by the Secretary; and

22 ‘‘(2) pays a registration fee, in an amount deter23 mined by the Secretary.
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1 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PROMOTERS.—

2 It shall be unlawful for any person to organize, plan, pro3 mote, or operate a gun show unless that person—

4 ‘‘(1) before commencement of the gun show,

5 verifies the identity of each gun show vendor partici6 pating in the gun show by examining a valid identi7 fication document (as defined in section 1028(d)(1))

8 of the vendor containing a photograph of the vendor;

9 ‘‘(2) before commencement of the gun show, re10 quires each gun show vendor to sign—

11 ‘‘(A) a ledger with identifying information

12 concerning the vendor; and

13 ‘‘(B) a notice advising the vendor of the ob14 ligations of the vendor under this chapter; and

15 ‘‘(3) notifies each person who attends the gun

16 show of the requirements of this chapter, in accord17 ance with such regulations as the Secretary shall pre18 scribe; and

19 ‘‘(4) maintains a copy of the records described in

20 paragraphs (1) and (2) at the permanent place of

21 business of the gun show promoter for such period of

22 time and in such form as the Secretary shall require

23 by regulation.

24 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

25 THAN LICENSEES.—
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1 ‘‘(1) IN GENERAL.—If any part of a firearm

2 transaction takes place at a gun show, it shall be un3 lawful for any person who is not licensed under this

4 chapter to transfer a firearm to another person who

5 is not licensed under this chapter, unless the firearm

6 is transferred through a licensed importer, licensed

7 manufacturer, or licensed dealer in accordance with

8 subsection (e).

9 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A person

10 who is subject to the requirement of paragraph (1)—

11 ‘‘(A) shall not transfer the firearm to the

12 transferee until the licensed importer, licensed

13 manufacturer, or licensed dealer through which

14 the transfer is made under subsection (e) makes

15 the notification described in subsection (e)(3)(A);

16 and

17 ‘‘(B) notwithstanding subparagraph (A),

18 shall not transfer the firearm to the transferee if

19 the licensed importer, licensed manufacturer, or

20 licensed dealer through which the transfer is

21 made under subsection (e) makes the notification

22 described in subsection (e)(3)(B).

23 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE24 MENTS.—Nothing in this section shall permit or au-
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1 thorize the Secretary to impose recordkeeping require2 ments on any nonlicensed vendor.

3 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

4 THAN LICENSEES.—

5 ‘‘(1) IN GENERAL.—If any part of a firearm

6 transaction takes place at a gun show, it shall be un7 lawful for any person who is not licensed under this

8 chapter to receive a firearm from another person who

9 is not licensed under this chapter, unless the firearm

10 is transferred through a licensed importer, licensed

11 manufacturer, or licensed dealer in accordance with

12 subsection (e).

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A person

14 who is subject to the requirement of paragraph (1)—

15 ‘‘(A) shall not receive the firearm from the

16 transferor until the licensed importer, licensed

17 manufacturer, or licensed dealer through which

18 the transfer is made under subsection (e) makes

19 the notification described in subsection (e)(3)(A);

20 and

21 ‘‘(B) notwithstanding subparagraph (A),

22 shall not receive the firearm from the transferor

23 if the licensed importer, licensed manufacturer,

24 or licensed dealer through which the transfer is
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1 made under subsection (e) makes the notification

2 described in subsection (e)(3)(B).

3 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

4 importer, licensed manufacturer, or licensed dealer who

5 agrees to assist a person who is not licensed under this

6 chapter in carrying out the responsibilities of that person

7 under subsection (c) or (d) with respect to the transfer of

8 a firearm shall—

9 ‘‘(1) enter such information about the firearm as

10 the Secretary may require by regulation into a sepa11 rate bound record;

12 ‘‘(2) record the transfer on a form specified by

13 the Secretary;

14 ‘‘(3) comply with section 922(t) as if transfer15 ring the firearm from the inventory of the licensed

16 importer, licensed manufacturer, or licensed dealer to

17 the designated transferee (although a licensed im18 porter, licensed manufacturer, or licensed dealer com19 plying with this subsection shall not be required to

20 comply again with the requirements of section 922(t)

21 in delivering the firearm to the nonlicensed trans22 feror), and notify the nonlicensed transferor and the

23 nonlicensed transferee—

24 ‘‘(A) of such compliance; and
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1 ‘‘(B) if the transfer is subject to the require2 ments of section 922(t)(1), of any receipt by the

3 licensed importer, licensed manufacturer, or li4 censed dealer of a notification from the national

5 instant criminal background check system that

6 the transfer would violate section 922 or would

7 violate State law;

8 ‘‘(4) not later than 10 days after the date on

9 which the transfer occurs, submit to the Secretary a

10 report of the transfer, which report—

11 ‘‘(A) shall be on a form specified by the Sec12 retary by regulation; and

13 ‘‘(B) shall not include the name of or other

14 identifying information relating to any person

15 involved in the transfer who is not licensed

16 under this chapter;

17 ‘‘(5) if the licensed importer, licensed manufac18 turer, or licensed dealer assists a person other than a

19 licensee in transferring, at 1 time or during any 5

20 consecutive business days, 2 or more pistols or revolv21 ers, or any combination of pistols and revolvers total22 ing 2 or more, to the same nonlicensed person, in ad23 dition to the reports required under paragraph (4),

24 prepare a report of the multiple transfers, which re25 port shall be—
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1 ‘‘(A) prepared on a form specified by the

2 Secretary; and

3 ‘‘(B) not later than the close of business on

4 the date on which the transfer occurs, forwarded

5 to—

6 ‘‘(i) the office specified on the form de7 scribed in subparagraph (A); and

8 ‘‘(ii) the appropriate State law en9 forcement agency of the jurisdiction in

10 which the transfer occurs; and

11 ‘‘(6) retain a record of the transfer as part of the

12 permanent business records of the licensed importer,

13 licensed manufacturer, or licensed dealer.

14 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any part

15 of a firearm transaction takes place at a gun show, each

16 licensed importer, licensed manufacturer, and licensed deal17 er who transfers 1 or more firearms to a person who is not

18 licensed under this chapter shall, not later than 10 days

19 after the date on which the transfer occurs, submit to the

20 Secretary a report of the transfer, which report—

21 ‘‘(1) shall be in a form specified by the Secretary

22 by regulation;

23 ‘‘(2) shall not include the name of or other iden24 tifying information relating to the transferee; and
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1 ‘‘(3) shall not duplicate information provided in

2 any report required under subsection (e)(4).

3 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec4 tion, the term ‘firearm transaction’—

5 ‘‘(1) includes the offer for sale, sale, transfer, or

6 exchange of a firearm; and

7 ‘‘(2) does not include the mere exhibition of a

8 firearm.’’.

9 (2) PENALTIES.—Section 924(a) of title 18,

10 United States Code, is amended by adding at the end

11 the following:

12 ‘‘(7)(A) Whoever knowingly violates section 931(a)

13 shall be fined under this title, imprisoned not more than

14 5 years, or both.

15 ‘‘(B) Whoever knowingly violates subsection (b) or (c)

16 of section 931, shall be—

17 ‘‘(i) fined under this title, imprisoned not more

18 than 2 years, or both; and

19 ‘‘(ii) in the case of a second or subsequent con20 viction, such person shall be fined under this title,

21 imprisoned not more than 5 years, or both.

22 ‘‘(C) Whoever willfully violates section 931(d), shall

23 be—

24 ‘‘(i) fined under this title, imprisoned not more

25 than 2 years, or both; and
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1 ‘‘(ii) in the case of a second or subsequent con2 viction, such person shall be fined under this title,

3 imprisoned not more than 5 years, or both.

4 ‘‘(D) Whoever knowingly violates subsection (e) or (f)

5 of section 931 shall be fined under this title, imprisoned

6 not more than 5 years, or both.

7 ‘‘(E) In addition to any other penalties imposed under

8 this paragraph, the Secretary may, with respect to any per9 son who knowingly violates any provision of section 931—

10 ‘‘(i) if the person is registered pursuant to sec11 tion 931(a), after notice and opportunity for a hear12 ing, suspend for not more than 6 months or revoke the

13 registration of that person under section 931(a); and

14 ‘‘(ii) impose a civil fine in an amount equal to

15 not more than $10,000.’’.

16 (3) TECHNICAL AND CONFORMING AMEND17 MENTS.—Chapter 44 of title 18, United States Code,

18 is amended—

19 (A) in the chapter analysis, by adding at

20 the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’;

21 and

22 (B) in the first sentence of section 923(j), by

23 striking ‘‘a gun show or event’’ and inserting

24 ‘‘an event’’; and
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1 (d) INSPECTION AUTHORITY.—Section 923(g)(1) is

2 amended by adding at the end the following:

3 ‘‘(E) Notwithstanding subparagraph (B), the Sec4 retary may enter during business hours the place of business

5 of any gun show promoter and any place where a gun show

6 is held for the purposes of examining the records required

7 by sections 923 and 931 and the inventory of licensees con8 ducting business at the gun show. Such entry and examina9 tion shall be conducted for the purposes of determining com10 pliance with this chapter by gun show promoters and li11 censees conducting business at the gun show and shall not

12 require a showing of reasonable cause or a warrant.’’.

13 (e) INCREASED PENALTIES FOR SERIOUS RECORD14 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3) of

15 title 18, United States Code, is amended to read as follows:

16 ‘‘(3)(A) Except as provided in subparagraph (B), any

17 licensed dealer, licensed importer, licensed manufacturer, or

18 licensed collector who knowingly makes any false statement

19 or representation with respect to the information required

20 by this chapter to be kept in the records of a person licensed

21 under this chapter, or violates section 922(m) shall be fined

22 under this title, imprisoned not more than 1 year, or both.

23 ‘‘(B) If the violation described in subparagraph (A)

24 is in relation to an offense—
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1 ‘‘(i) under paragraph (1) or (3) of section

2 922(b), such person shall be fined under this title, im3 prisoned not more than 5 years, or both; or

4 ‘‘(ii) under subsection (a)(6) or (d) of section

5 922, such person shall be fined under this title, im6 prisoned not more than 10 years, or both.’’.

7 (f) INCREASED PENALTIES FOR VIOLATIONS OF CRIMI8 NAL BACKGROUND CHECK REQUIREMENTS.—

9 (1) PENALTIES.—Section 924 of title 18, United

10 States Code, is amended—

11 (A) in paragraph (5), by striking ‘‘sub12 section (s) or (t) of section 922’’ and inserting

13 ‘‘section 922(s)’’; and

14 (B) by adding at the end the following:

15 ‘‘(8) Whoever knowingly violates section 922(t) shall

16 be fined under this title, imprisoned not more than 5 years,

17 or both.’’.

18 (2) ELIMINATION OF CERTAIN ELEMENTS OF OF19 FENSE.—Section 922(t)(5) of title 18, United States

20 Code, is amended by striking ‘‘and, at the time’’ and

21 all that follows through ‘‘State law’’.

22 (g) GUN OWNER PRIVACY AND PREVENTION OF FRAUD

23 AND ABUSE OF SYSTEM INFORMATION.—Section

24 922(t)(2)(C) of title 18, United States Code, is amended by

25 inserting before the period at the end the following: ‘‘, as
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1 soon as possible, consistent with the responsibility of the

2 Attorney General under section 103(h) of the Brady Hand3 gun Violence Prevention Act to ensure the privacy and secu4 rity of the system and to prevent system fraud and abuse,

5 but in no event later than 90 days after the date on which

6 the licensee first contacts the system with respect to the

7 transfer’’.

8 (h) EFFECTIVE DATE.—This section (other than sub9 section (i)) and the amendments made by this section shall

10 take effect 180 days after the date of enactment of this Act.

11 (i) INAPPLICABILITY OF OTHER PROVISIONS.—Not12 withstanding any other provision of this Act, the provisions

13 of the title headed ‘‘GENERAL FIREARM PROVI14 SIONS’’ (as added by the amendment of Mr. Craig num15 ber 332) and the provisions of the section headed ‘‘APPLI16 CATION OF SECTION 923 (j) AND (m)’’ (as

17 added by the amendment of Mr. Hatch number 344) shall

18 be null and void.

19 SEC. 1536. APPROPRIATE INTERVENTIONS AND SERVICES;

20 CLARIFICATION OF FEDERAL LAW.

21 (a) APPROPRIATE INTERVENTIONS AND SERVICES.—

22 School personnel shall ensure that immediate appropriate

23 interventions and services, including mental health inter24 ventions and services, are provided to a child removed from

25 school for any act of violence, including carrying or pos-
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1 sessing a weapon to or at a school, on school premises, or

2 to or at a school function under the jurisdiction of a State

3 or local educational agency, in order to—

4 (1) to ensure that our Nation’s schools and com5 munities are safe; and

6 (2) maximize the likelihood that such child shall

7 not engage in such behaviors, or such behaviors do not

8 reoccur.

9 (b) CLARIFICATION OF FEDERAL LAW.—Nothing in

10 Federal law shall be construed—

11 (1) to prohibit an agency from reporting a crime

12 committed by a child, including a child with a dis13 ability, to appropriate authorities; or

14 (2) to prevent State law enforcement and judi15 cial authorities from exercising their responsibilities

16 with regard to the application of Federal and State

17 law to a crime committed by a child, including a

18 child with a disability.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) AUTHORIZATION.—There are authorized to be

21 appropriated to pay the costs of the interventions and

22 services described in subsection (a) such sums as may

23 be necessary for each of the fiscal years 2000 through

24 2004.
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1 (2) DISTRIBUTION.—The Secretary of Education

2 shall provide for the distribution of the funds made

3 available under paragraph (1)—

4 (A) to States for a fiscal year in the same

5 manner as the Secretary makes allotments to

6 States under section 4011(b) of the Elementary

7 and Secondary Education Act of 1965 (20

8 U.S.C. 7111(b)) for the fiscal year; and

9 (B) to local educational agencies for a fiscal

10 year in the same manner as funds are distrib11 uted to local educational agencies under section

12 4113(d)(2) of the Elementary and Secondary

13 Education Act of 1965 (20 U.S.C. 7113(d)(2))

14 for the fiscal year.

15 SEC. 1537. SAFE SCHOOLS.

16 (a) AMENDMENTS.—Part F of title XIV of the Elemen17 tary and Secondary Education Act of 1965 (20 U.S.C. 8921

18 et seq.) is amended as follows:

19 (1) SHORT TITLE.—Section 14601(a) is amended

20 by replacing ‘‘Gun-Free’’ with ‘‘Safe’’, and ‘‘1994’’

21 with ‘‘1999’’.

22 (2) REQUIREMENTS.—Section 14601(b)(1) is

23 amended by inserting after ‘‘determined’’ the fol24 lowing: ‘‘to be in possession of felonious quantities of

25 an illegal drug, on school property under the jurisdic-
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1 tion of, or in a vehicle operated by an employee or

2 agent of, a local educational agency in that State,

3 or’’.

4 (3) DEFINITIONS.—Section 14601(b)(4) is

5 amended by replacing ‘‘Definition’’ with ‘‘Defini6 tions’’ in the catchline, by replacing ‘‘section’’ in the

7 matter under the catchline with ‘‘part’’, by redesig8 nating the matter under the catchline after the

9 comma as subparagraph (A), by replacing the period

10 with a semicolon, and by adding new subparagraphs

11 (B), (C), and (D) as follows:

12 ‘‘(B) the term ‘illegal drug’ means a con13 trolled substance, as defined in section 102(6) of

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

15 802(6)), the possession of which is unlawful

16 under the Act (21 U.S.C. 801 et seq.) or under

17 the Controlled Substances Import and Export

18 Act (21 U.S.C. 951 et seq.), but does not mean

19 a controlled substance used pursuant to a valid

20 prescription or as authorized by law; and

21 ‘‘(C) the term ‘illegal drug paraphernalia’

22 means drug paraphernalia, as defined in section

23 422(d) of the Controlled Substances Act (21

24 U.S.C. 863(d)), except that the first sentence of

25 that section shall be applied by inserting ‘or
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1 under the Controlled Substances Import and Ex2 port Act (21 U.S.C. 951 et seq.)’, before the pe3 riod.

4 ‘‘(D) the term ‘felonious quantities of an il5 legal drug’ means any quantity of an illegal

6 drug—

7 ‘‘(i) possession of which quantity

8 would, under Federal, State, or local law,

9 either constitute a felony or indicate an in10 tent to distribute; or

11 ‘‘(ii) that is possessed with an intent to

12 distribute.’’.

13 (4) REPORT TO STATE.—Section

14 14601(d)(2)(C) is amended by inserting ‘‘illegal

15 drugs or’’ before ‘‘weapons’’.

16 (5) REPEALER.—Section 14601 is amended

17 by striking subsection (f).

18 (6) POLICY REGARDING CRIMINAL JUSTICE

19 SYSTEM REFERRAL.—Section 14602(a) is

20 amended by replacing ‘‘served by’’ with ‘‘under

21 the jurisdiction of’’, and by inserting after

22 ‘‘who’’ the following: ‘‘is in possession of an ille23 gal drug, or illegal drug paraphernalia, on

24 school property under the jurisdiction of, or in
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1 a vehicle operated by an employee or agent of,

2 such agency, or who’’.

3 (7) DATA AND POLICY DISSEMINATION

4 UNDER IDEA.—Section 14603 is amended by in5 serting ‘‘current’’ before ‘‘policy’’, by striking ‘‘in

6 effect on October 20, 1994’’, by striking all the

7 matter after ‘‘schools’’ and inserting a period

8 thereafter, and by inserting before ‘‘engaging’’

9 the following: ‘‘possessing illegal drugs, or illegal

10 drug paraphernalia, on school property, or in

11 vehicles operated by employees or agents of,

12 schools or local educational agencies, or’’.

13 (b) COMPLIANCE DATE; REPORTING.—(1) States shall

14 have 2 years from the date of enactment of this Act to com15 ply with the requirements established in the amendments

16 made by subsection (a).

17 (2) Not later than 3 years after the date of enactment

18 of this Act, the Secretary of Education shall submit to Con19 gress a report on any State that is not in compliance with

20 the requirements of this part.

21 (3) Not later than 2 years after the date of enactment

22 of this Act, the Secretary of Education shall submit to Con23 gress a report analyzing the strengths and weaknesses of

24 approaches regarding the disciplining of children with dis25 abilities.
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1 SEC. 1538. SCHOOL COUNSELING.

2 Section 10102 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 8002) is amended to read

4 as follows:

5 ‘‘SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY

6 SCHOOL COUNSELING DEMONSTRATION.

7 ‘‘(a) COUNSELING DEMONSTRATION.—

8 ‘‘(1) IN GENERAL.—The Secretary may award

9 grants under this section to local educational agencies

10 to enable the local educational agencies to establish or

11 expand elementary school counseling programs.

12 ‘‘(2) PRIORITY.—In awarding grants under this

13 section, the Secretary shall give special consideration

14 to applications describing programs that—

15 ‘‘(A) demonstrate the greatest need for new

16 or additional counseling services among the chil17 dren in the schools served by the applicant;

18 ‘‘(B) propose the most promising and inno19 vative approaches for initiating or expanding

20 school counseling; and

21 ‘‘(C) show the greatest potential for replica22 tion and dissemination.

23 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

24 grants under this section, the Secretary shall ensure

25 an equitable geographic distribution among the re-
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1 gions of the United States and among urban, subur2 ban, and rural areas.

3 ‘‘(4) DURATION.—A grant under this section

4 shall be awarded for a period not to exceed three

5 years.

6 ‘‘(5) MAXIMUM GRANT.—A grant under this sec7 tion shall not exceed $400,000 for any fiscal year.

8 ‘‘(b) APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—Each local educational agen10 cy desiring a grant under this section shall submit an

11 application to the Secretary at such time, in such

12 manner, and accompanied by such information as the

13 Secretary may reasonably require.

14 ‘‘(2) CONTENTS.—Each application for a grant

15 under this section shall—

16 ‘‘(A) describe the school population to be

17 targeted by the program, the particular personal,

18 social, emotional, educational, and career devel19 opment needs of such population, and the cur20 rent school counseling resources available for

21 meeting such needs;

22 ‘‘(B) describe the activities, services, and

23 training to be provided by the program and the

24 specific approaches to be used to meet the needs

25 described in subparagraph (A);
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1 ‘‘(C) describe the methods to be used to

2 evaluate the outcomes and effectiveness of the

3 program;

4 ‘‘(D) describe the collaborative efforts to be

5 undertaken with institutions of higher education,

6 businesses, labor organizations, community

7 groups, social service agencies, and other public

8 or private entities to enhance the program and

9 promote school-linked services integration;

10 ‘‘(E) describe collaborative efforts with in11 stitutions of higher education which specifically

12 seek to enhance or improve graduate programs

13 specializing in the preparation of school coun14 selors, school psychologists, and school social

15 workers;

16 ‘‘(F) document that the applicant has the

17 personnel qualified to develop, implement, and

18 administer the program;

19 ‘‘(G) describe how any diverse cultural pop20 ulations, if applicable, would be served through

21 the program;

22 ‘‘(H) assure that the funds made available

23 under this part for any fiscal year will be used

24 to supplement and, to the extent practicable, in25 crease the level of funds that would otherwise be
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1 available from non-Federal sources for the pro2 gram described in the application, and in no

3 case supplant such funds from non-Federal

4 sources; and

5 ‘‘(I) assure that the applicant will appoint

6 an advisory board composed of parents, school

7 counselors, school psychologists, school social

8 workers, other pupil services personnel, teachers,

9 school administrators, and community leaders to

10 advise the local educational agency on the design

11 and implementation of the program.

12 ‘‘(c) USE OF FUNDS.—

13 ‘‘(1) IN GENERAL.—Grant funds under this sec14 tion shall be used to initiate or expand school coun15 seling programs that comply with the requirements in

16 paragraph (2).

17 ‘‘(2) PROGRAM REQUIREMENTS.—Each program

18 assisted under this section shall—

19 ‘‘(A) be comprehensive in addressing the

20 personal, social, emotional, and educational

21 needs of all students;

22 ‘‘(B) use a developmental, preventive ap23 proach to counseling;
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1 ‘‘(C) increase the range, availability, quan2 tity, and quality of counseling services in the ele3 mentary schools of the local educational agency;

4 ‘‘(D) expand counseling services only

5 through qualified school counselors, school psy6 chologists, and school social workers;

7 ‘‘(E) use innovative approaches to increase

8 children’s understanding of peer and family re9 lationships, work and self, decisionmaking, or

10 academic and career planning, or to improve so11 cial functioning;

12 ‘‘(F) provide counseling services that are

13 well-balanced among classroom group and small

14 group counseling, individual counseling, and

15 consultation with parents, teachers, administra16 tors, and other pupil services personnel;

17 ‘‘(G) include inservice training for school

18 counselors, school social workers, school psycholo19 gists, other pupil services personnel, teachers,

20 and instructional staff;

21 ‘‘(H) involve parents of participating stu22 dents in the design, implementation, and evalua23 tion of a counseling program;

24 ‘‘(I) involve collaborative efforts with insti25 tutions of higher education, businesses, labor or-
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1 ganizations, community groups, social service

2 agencies, or other public or private entities to en3 hance the program and promote school-linked

4 services integration;

5 ‘‘(J) evaluate annually the effectiveness and

6 outcomes of the counseling services and activities

7 assisted under this section;

8 ‘‘(K) ensure a team approach to school

9 counseling by maintaining a ratio in the elemen10 tary schools of the local educational agency that

11 does not exceed 1 school counselor to 250 stu12 dents, 1 school social worker to 800 students, and

13 1 school psychologist to 1,000 students; and

14 ‘‘(L) ensure that school counselors, school

15 psychologists, or school social workers paid from

16 funds made available under this section spend at

17 least 85 percent of their total worktime at the

18 school in activities directly related to the coun19 seling process and not more than 15 percent of

20 such time on administrative tasks that are asso21 ciated with the counseling program.

22 ‘‘(3) REPORT.—The Secretary shall issue a re23 port evaluating the programs assisted pursuant to

24 each grant under this subsection at the end of each
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1 grant period in accordance with section 14701, but in

2 no case later than January 30, 2003.

3 ‘‘(4) DISSEMINATION.—The Secretary shall make

4 the programs assisted under this section available for

5 dissemination, either through the National Diffusion

6 Network or other appropriate means.

7 ‘‘(5) LIMIT ON ADMINISTRATION.—Not more than

8 five percent of the amounts made available under this

9 section in any fiscal year shall be used for adminis10 trative costs to carry out this section.

11 ‘‘(d) DEFINITIONS.—For purposes of this section—

12 ‘‘(1) the term ‘school counselor’ means an indi13 vidual who has documented competence in counseling

14 children and adolescents in a school setting and

15 who—

16 ‘‘(A) possesses State licensure or certifi17 cation granted by an independent professional

18 regulatory authority;

19 ‘‘(B) in the absence of such State licensure

20 or certification, possesses national certification

21 in school counseling or a specialty of counseling

22 granted by an independent professional organi23 zation; or

24 ‘‘(C) holds a minimum of a master’s degree

25 in school counseling from a program accredited
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1 by the Council for Accreditation of Counseling

2 and Related Educational Programs or the equiv3 alent;

4 ‘‘(2) the term ‘school psychologist’ means an in5 dividual who—

6 ‘‘(A) possesses a minimum of 60 graduate

7 semester hours in school psychology from an in8 stitution of higher education and has completed

9 1,200 clock hours in a supervised school psy10 chology internship, of which 600 hours shall be

11 in the school setting;

12 ‘‘(B) possesses State licensure or certifi13 cation in the State in which the individual

14 works; or

15 ‘‘(C) in the absence of such State licensure

16 or certification, possesses national certification

17 by the National School Psychology Certification

18 Board;

19 ‘‘(3) the term ‘school social worker’ means an in20 dividual who holds a master’s degree in social work

21 and is licensed or certified by the State in which serv22 ices are provided or holds a school social work spe23 cialist credential; and

24 ‘‘(4) the term ‘supervisor’ means an individual

25 who has the equivalent number of years of profes-
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1 sional experience in such individual’s respective dis2 cipline as is required of teaching experience for the

3 supervisor or administrative credential in the State of

4 such individual.

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated to carry out this section

7 $15,000,000 for fiscal year 2000 and such sums as may be

8 necessary for each of the 4 succeeding fiscal years.’’.

9 SEC. 1539. CRIMINAL PROHIBITION ON DISTRIBUTION OF

10 CERTAIN INFORMATION RELATING TO EXPLO11 SIVES, DESTRUCTIVE DEVICES, AND WEAP12 ONS OF MASS DESTRUCTION.

13 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

14 United States Code, is amended by adding at the end the

15 following:

16 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO

17 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

18 MASS DESTRUCTION.—

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

20 ‘‘(A) The term ‘destructive device’ has the

21 same meaning as in section 921(a)(4).

22 ‘‘(B) The term ‘explosive’ has the same

23 meaning as in section 844(j).

24 ‘‘(C) The term ‘weapon of mass destruction’

25 has the same meaning as in section 2332a(c)(2).
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1 ‘‘(2) PROHIBITION.—It shall be unlawful for any

2 person—

3 ‘‘(A) to teach or demonstrate the making or

4 use of an explosive, a destructive device, or a

5 weapon of mass destruction, or to distribute by

6 any means information pertaining to, in whole

7 or in part, the manufacture or use of an explo8 sive, destructive device, or weapon of mass de9 struction, with the intent that the teaching, dem10 onstration, or information be used for, or in fur11 therance of, an activity that constitutes a Fed12 eral crime of violence; or

13 ‘‘(B) to teach or demonstrate to any person

14 the making or use of an explosive, a destructive

15 device, or a weapon of mass destruction, or to

16 distribute to any person, by any means, infor17 mation pertaining to, in whole or in part, the

18 manufacture or use of an explosive, destructive

19 device, or weapon of mass destruction, knowing

20 that such person intends to use the teaching,

21 demonstration, or information for, or in further22 ance of, an activity that constitutes a Federal

23 crime of violence.’’.

24 (b) PENALTIES.—Section 844 of title 18, United States

25 Code, is amended—
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1 (1) in subsection (a), by striking ‘‘person who

2 violates any of subsections’’ and inserting the fol3 lowing: ‘‘person who—

4 ‘‘(1) violates any of subsections’’;

5 (2) by striking the period at the end and insert6 ing ‘‘; and’’;

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

8 ‘‘(2) violates subsection (p)(2) of section 842,

9 shall be fined under this title, imprisoned not more

10 than 20 years, or both.’’; and

11 (4) in subsection (j), by striking ‘‘and (i)’’ and

12 inserting ‘‘(i), and (p)’’.

13 Subtitle B—James Guelff Body

14 Armor Act

15 SEC. 1541. SHORT TITLE.

16 This subtitle may be cited as the ‘‘James Guelff Body

17 Armor Act of 1999’’.

18 SEC. 1542. FINDINGS.

19 Congress finds that—

20 (1) nationally, police officers and ordinary citi21 zens are facing increased danger as criminals use

22 more deadly weaponry, body armor, and other sophis23 ticated assault gear;
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1 (2) crime at the local level is exacerbated by the

2 interstate movement of body armor and other assault

3 gear;

4 (3) there is a traffic in body armor moving in

5 or otherwise affecting interstate commerce, and exist6 ing Federal controls over such traffic do not ade7 quately enable the States to control this traffic within

8 their own borders through the exercise of their police

9 power;

10 (4) recent incidents, such as the murder of San

11 Francisco Police Officer James Guelff by an assailant

12 wearing 2 layers of body armor and a 1997 bank

13 shoot out in north Hollywood, California, between po14 lice and 2 heavily armed suspects outfitted in body

15 armor, demonstrate the serious threat to community

16 safety posed by criminals who wear body armor dur17 ing the commission of a violent crime;

18 (5) of the approximately 1,200 officers killed in

19 the line of duty since 1980, more than 30 percent

20 could have been saved by body armor, and the risk of

21 dying from gunfire is 14 times higher for an officer

22 without a bulletproof vest;

23 (6) the Department of Justice has estimated that

24 25 percent of State and local police are not issued

25 body armor;
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1 (7) the Federal Government is well-equipped to

2 grant local police departments access to body armor

3 that is no longer needed by Federal agencies; and

4 (8) Congress has the power, under the interstate

5 commerce clause and other provisions of the Constitu6 tion of the United States, to enact legislation to regu7 late interstate commerce that affects the integrity and

8 safety of our communities.

9 SEC. 1543. DEFINITIONS.

10 In this subtitle:

11 (1) BODY ARMOR.—The term ‘‘body armor’’

12 means any product sold or offered for sale, in inter13 state or foreign commerce, as personal protective body

14 covering intended to protect against gunfire, regard15 less of whether the product is to be worn alone or is

16 sold as a complement to another product or garment.

17 (2) LAW ENFORCEMENT AGENCY.—The term

18 ‘‘law enforcement agency’’ means an agency of the

19 United States, a State, or a political subdivision of

20 a State, authorized by law or by a government agency

21 to engage in or supervise the prevention, detection, in22 vestigation, or prosecution of any violation of crimi23 nal law.

24 (3) LAW ENFORCEMENT OFFICER.—The term

25 ‘‘law enforcement officer’’ means any officer, agent, or
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1 employee of the United States, a State, or a political

2 subdivision of a State, authorized by law or by a gov3 ernment agency to engage in or supervise the preven4 tion, detection, investigation, or prosecution of any

5 violation of criminal law.

6 SEC. 1544. AMENDMENT OF SENTENCING GUIDELINES WITH

7 RESPECT TO BODY ARMOR.

8 (a) SENTENCING ENHANCEMENT.—The United States

9 Sentencing Commission shall amend the Federal sentencing

10 guidelines to provide an appropriate sentencing enhance11 ment, increasing the offense level not less than 2 levels, for

12 any offense in which the defendant used body armor.

13 (b) APPLICABILITY.—No amendment made to the Fed14 eral Sentencing Guidelines pursuant to this section shall

15 apply if the Federal offense in which the body armor is

16 used constitutes a violation of, attempted violation of, or

17 conspiracy to violate the civil rights of any person by a

18 law enforcement officer acting under color of the authority

19 of such law enforcement officer.

20 SEC. 1545. PROHIBITION OF PURCHASE, USE, OR POSSES21 SION OF BODY ARMOR BY VIOLENT FELONS.

22 (a) DEFINITION OF BODY ARMOR.—Section 921 of title

23 18, United States Code, is amended by adding at the end

24 the following:
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1 ‘‘(35) The term ‘body armor’ means any product

2 sold or offered for sale, in interstate or foreign com3 merce, as personal protective body covering intended

4 to protect against gunfire, regardless of whether the

5 product is to be worn alone or is sold as a com6 plement to another product or garment.’’.

7 (b) PROHIBITION.—

8 (1) IN GENERAL.—Chapter 44 of title 18, United

9 States Code, is amended by adding at the end the fol10 lowing:

11 ‘‘§ 931. Prohibition on purchase, ownership, or posses12 sion of body armor by violent felons

13 ‘‘(a) IN GENERAL.—Except as provided in subsection

14 (b), it shall be unlawful for a person to purchase, own, or

15 possess body armor, if that person has been convicted of a

16 felony that is—

17 ‘‘(1) a crime of violence (as defined in section

18 16); or

19 ‘‘(2) an offense under State law that would con20 stitute a crime of violence under paragraph (1) if it

21 occurred within the special maritime and territorial

22 jurisdiction of the United States.

23 ‘‘(b) AFFIRMATIVE DEFENSE.—

24 ‘‘(1) IN GENERAL.—It shall be an affirmative de25 fense under this section that—
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1 ‘‘(A) the defendant obtained prior written

2 certification from his or her employer that the

3 defendant’s purchase, use, or possession of body

4 armor was necessary for the safe performance of

5 lawful business activity; and

6 ‘‘(B) the use and possession by the defend7 ant were limited to the course of such perform8 ance.

9 ‘‘(2) EMPLOYER.—In this subsection, the term

10 ‘employer’ means any other individual employed by

11 the defendant’s business that supervises defendant’s

12 activity. If that defendant has no supervisor, prior

13 written certification is acceptable from any other em14 ployee of the business.’’.

15 (2) CLERICAL AMENDMENT.—The analysis for

16 chapter 44 of title 18, United States Code, is amended

17 by adding at the end the following:

‘‘931. Prohibition on purchase, ownership, or possession of body armor by violent

felons.’’.

18 (c) PENALTIES.—Section 924(a) of title 18, United

19 States Code, is amended by adding at the end the following:

20 ‘‘(7) Whoever knowingly violates section 931 shall be

21 fined under this title, imprisoned not more than 3 years,

22 or both.’’.
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1 SEC. 1546. DONATION OF FEDERAL SURPLUS BODY ARMOR

2 TO STATE AND LOCAL LAW ENFORCEMENT

3 AGENCIES.

4 (a) DEFINITIONS.—In this section, the terms ‘‘Federal

5 agency’’ and ‘‘surplus property’’ have the meanings given

6 such terms under section 3 of the Federal Property and Ad7 ministrative Services Act of 1949 (40 U.S.C. 472).

8 (b) DONATION OF BODY ARMOR.—Notwithstanding

9 section 203 of the Federal Property and Administrative

10 Services Act of 1949 (40 U.S.C. 484), the head of a Federal

11 agency may donate body armor directly to any State or

12 local law enforcement agency, if such body armor is—

13 (1) in serviceable condition; and

14 (2) surplus property.

15 (c) NOTICE TO ADMINISTRATOR.—The head of a Fed16 eral agency who donates body armor under this section shall

17 submit to the Administrator of General Services a written

18 notice identifying the amount of body armor donated and

19 each State or local law enforcement agency that received

20 the body armor.

21 (d) DONATION BY CERTAIN OFFICERS.—

22 (1) DEPARTMENT OF JUSTICE.—In the adminis23 tration of this section with respect to the Department

24 of Justice, in addition to any other officer of the De25 partment of Justice designated by the Attorney Gen-
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1 eral, the following officers may act as the head of a

2 Federal agency:

3 (A) The Administrator of the Drug Enforce4 ment Administration.

5 (B) The Director of the Federal Bureau of

6 Investigation.

7 (C) The Commissioner of the Immigration

8 and Naturalization Service.

9 (D) The Director of the United States Mar10 shals Service.

11 (2) DEPARTMENT OF THE TREASURY.—In the

12 administration of this section with respect to the De13 partment of the Treasury, in addition to any other of14 ficer of the Department of the Treasury designated by

15 the Secretary of the Treasury, the following officers

16 may act as the head of a Federal agency:

17 (A) The Director of the Bureau of Alcohol,

18 Tobacco, and Firearms.

19 (B) The Commissioner of Customs.

20 (C) The Director of the United States Secret

21 Service.

22 SEC. 1547. ADDITIONAL FINDINGS; PURPOSE.

23 (a) FINDINGS.—Congress finds that—

24 (1) Officer Dale Claxton of the Cortez, Colorado,

25 Police Department was shot and killed by bullets that
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1 passed through the windshield of his police car after

2 he stopped a stolen truck, and his life may have been

3 saved if his police car had been equipped with bullet

4 resistant equipment;

5 (2) the number of law enforcement officers who

6 are killed in the line of duty would significantly de7 crease if every law enforcement officer in the United

8 States had access to additional bullet resistant equip9 ment;

10 (3) according to studies, between 1985 and 1994,

11 709 law enforcement officers in the United States

12 were feloniously killed in the line of duty;

13 (4) the Federal Bureau of Investigation estimates

14 that the risk of fatality to law enforcement officers

15 while not wearing bullet resistant equipment, such as

16 an armor vest, is 14 times higher than for officers

17 wearing an armor vest;

18 (5) according to studies, between 1985 and 1994,

19 bullet-resistant materials helped save the lives of more

20 than 2,000 law enforcement officers in the United

21 States; and

22 (6) the Executive Committee for Indian Country

23 Law Enforcement Improvements reports that violent

24 crime in Indian country has risen sharply despite a

25 decrease in the national crime rate, and has con-
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1 cluded that there is a ‘‘public safety crisis in Indian

2 country’’.

3 (b) PURPOSE.—The purpose of this chapter is to save

4 lives of law enforcement officers by helping State, local, and

5 tribal law enforcement agencies provide officers with bullet

6 resistant equipment and video cameras.

7 SEC. 1548. MATCHING GRANT PROGRAMS FOR LAW EN8 FORCEMENT BULLET RESISTANT EQUIPMENT

9 AND FOR VIDEO CAMERAS.

10 (a) IN GENERAL.—Part Y of title I of the Omnibus

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

12 3796ll et seq.) is amended—

13 (1) by striking the part designation and part

14 heading and inserting the following:

15 ‘‘PART Y—MATCHING GRANT PROGRAMS

16 FOR LAW ENFORCEMENT

17 ‘‘Subpart A—Grant Program For Armor

18 Vests’’;

19 (2) by striking ‘‘this part’’ each place it appears

20 and inserting ‘‘this subpart’’; and

21 (3) by adding at the end the following:
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1 ‘‘Subpart B—Grant Program For Bullet

2 Resistant Equipment

3 ‘‘SEC. 2511. PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Director of the Bureau of

5 Justice Assistance is authorized to make grants to States,

6 units of local government, and Indian tribes to purchase

7 bullet resistant equipment for use by State, local, and trib8 al law enforcement officers.

9 ‘‘(b) USES OF FUNDS.—Grants awarded under this

10 section shall be—

11 ‘‘(1) distributed directly to the State, unit of

12 local government, or Indian tribe; and

13 ‘‘(2) used for the purchase of bullet resistant

14 equipment for law enforcement officers in the jurisdic15 tion of the grantee.

16 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

17 grants under this subpart, the Director of the Bureau of

18 Justice Assistance may give preferential consideration, if

19 feasible, to an application from a jurisdiction that—

20 ‘‘(1) has the greatest need for bullet resistant

21 equipment based on the percentage of law enforcement

22 officers in the department who do not have access to

23 a vest;
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1 ‘‘(2) has a violent crime rate at or above the na2 tional average as determined by the Federal Bureau

3 of Investigation; or

4 ‘‘(3) has not received a block grant under the

5 Local Law Enforcement Block Grant program de6 scribed under the heading ‘Violent Crime Reduction

7 Programs, State and Local Law Enforcement Assist8 ance’ of the Departments of Commerce, Justice, and

9 State, the Judiciary, and Related Agencies Appro10 priations Act, 1998 (Public Law 105–119).

11 ‘‘(d) MINIMUM AMOUNT.—Unless all eligible applica12 tions submitted by any State or unit of local government

13 within such State for a grant under this section have been

14 funded, such State, together with grantees within the State

15 (other than Indian tribes), shall be allocated in each fiscal

16 year under this section not less than 0.25 percent of the

17 total amount appropriated in the fiscal year for grants pur18 suant to this section except that the United States Virgin

19 Islands, American Samoa, Guam, and the Northern Mar20 iana Islands shall each be allocated 0.10 percent.

21 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

22 local government, or Indian tribe may not receive more

23 than 5 percent of the total amount appropriated in each

24 fiscal year for grants under this section, except that a State,

25 together with the grantees within the State may not receive
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1 more than 20 percent of the total amount appropriated in

2 each fiscal year for grants under this section.

3 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

4 a program provided by a grant under subsection (a) may

5 not exceed 50 percent. Any funds appropriated by Congress

6 for the activities of any agency of an Indian tribal govern7 ment or the Bureau of Indian Affairs performing law en8 forcement functions on any Indian lands may be used to

9 provide the non-Federal share of a matching requirement

10 funded under this subsection.

11 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

12 funds available under this subpart shall be awarded to units

13 of local government with fewer than 100,000 residents.

14 ‘‘SEC. 2512. APPLICATIONS.

15 ‘‘(a) IN GENERAL.—To request a grant under this sub16 part, the chief executive of a State, unit of local government,

17 or Indian tribe shall submit an application to the Director

18 of the Bureau of Justice Assistance in such form and con19 taining such information as the Director may reasonably

20 require.

21 ‘‘(b) REGULATIONS.—Not later than 90 days after the

22 date of the enactment of this subpart, the Director of the

23 Bureau of Justice Assistance shall promulgate regulations

24 to implement this section (including the information that

25 must be included and the requirements that the States,
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1 units of local government, and Indian tribes must meet)

2 in submitting the applications required under this section.

3 ‘‘(c) ELIGIBILITY.—A unit of local government that re4 ceives funding under the Local Law Enforcement Block

5 Grant program (described under the heading ‘Violent Crime

6 Reduction Programs, State and Local Law Enforcement

7 Assistance’ of the Departments of Commerce, Justice, and

8 State, the Judiciary, and Related Agencies Appropriations

9 Act, 1998 (Public Law 104–119)) during a fiscal year in

10 which it submits an application under this subpart shall

11 not be eligible for a grant under this subpart unless the

12 chief executive officer of such unit of local government cer13 tifies and provides an explanation to the Director that the

14 unit of local government considered or will consider using

15 funding received under the block grant program for any or

16 all of the costs relating to the purchase of bullet resistant

17 equipment, but did not, or does not expect to use such funds

18 for such purpose.

19 ‘‘SEC. 2513. DEFINITIONS.

20 ‘‘In this subpart—

21 ‘‘(1) the term ‘equipment’ means windshield

22 glass, car panels, shields, and protective gear;

23 ‘‘(2) the term ‘State’ means each of the 50 States,

24 the District of Columbia, the Commonwealth of Puer-
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1 to Rico, the United States Virgin Islands, American

2 Samoa, Guam, and the Northern Mariana Islands;

3 ‘‘(3) the term ‘unit of local government’ means a

4 county, municipality, town, township, village, parish,

5 borough, or other unit of general government below

6 the State level;

7 (4) the term ‘Indian tribe’ has the same meaning

8 as in section 4(e) of the Indian Self-Determination

9 and Education Assistance Act (25 U.S.C. 450b(e));

10 and

11 ‘‘(5) the term ‘law enforcement officer’ means

12 any officer, agent, or employee of a State, unit of

13 local government, or Indian tribe authorized by law

14 or by a government agency to engage in or supervise

15 the prevention, detection, or investigation of any vio16 lation of criminal law, or authorized by law to super17 vise sentenced criminal offenders.

18 ‘‘Subpart C—Grant Program For Video

19 Cameras

20 ‘‘SEC. 2521. PROGRAM AUTHORIZED.

21 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus22 tice Assistance is authorized to make grants to States, units

23 of local government, and Indian tribes to purchase video

24 cameras for use by State, local, and tribal law enforcement

25 agencies in law enforcement vehicles.
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1 ‘‘(b) USES OF FUNDS.—Grants awarded under this

2 section shall be—

3 ‘‘(1) distributed directly to the State, unit of

4 local government, or Indian tribe; and

5 ‘‘(2) used for the purchase of video cameras for

6 law enforcement vehicles in the jurisdiction of the

7 grantee.

8 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

9 grants under this subpart, the Director of the Bureau of

10 Justice Assistance may give preferential consideration, if

11 feasible, to an application from a jurisdiction that—

12 ‘‘(1) has the greatest need for video cameras,

13 based on the percentage of law enforcement officers in

14 the department do not have access to a law enforce15 ment vehicle equipped with a video camera;

16 ‘‘(2) has a violent crime rate at or above the na17 tional average as determined by the Federal Bureau

18 of Investigation; or

19 ‘‘(3) has not received a block grant under the

20 Local Law Enforcement Block Grant program de21 scribed under the heading ‘Violent Crime Reduction

22 Programs, State and Local Law Enforcement Assist23 ance’ of the Departments of Commerce, Justice, and

24 State, the Judiciary, and Related Agencies Appro25 priations Act, 1998 (Public Law 105–119).
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1 ‘‘(d) MINIMUM AMOUNT.—Unless all eligible applica2 tions submitted by any State or unit of local government

3 within such State for a grant under this section have been

4 funded, such State, together with grantees within the State

5 (other than Indian tribes), shall be allocated in each fiscal

6 year under this section not less than 0.25 percent of the

7 total amount appropriated in the fiscal year for grants pur8 suant to this section, except that the United States Virgin

9 Islands, American Samoa, Guam, and the Northern Mar10 iana Islands shall each be allocated 0.10 percent.

11 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

12 local government, or Indian tribe may not receive more

13 than 5 percent of the total amount appropriated in each

14 fiscal year for grants under this section, except that a State,

15 together with the grantees within the State may not receive

16 more than 20 percent of the total amount appropriated in

17 each fiscal year for grants under this section.

18 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

19 a program provided by a grant under subsection (a) may

20 not exceed 50 percent. Any funds appropriated by Congress

21 for the activities of any agency of an Indian tribal govern22 ment or the Bureau of Indian Affairs performing law en23 forcement functions on any Indian lands may be used to

24 provide the non-Federal share of a matching requirement

25 funded under this subsection.
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1 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

2 funds available under this subpart shall be awarded to units

3 of local government with fewer than 100,000 residents.

4 ‘‘SEC. 2522. APPLICATIONS.

5 ‘‘(a) IN GENERAL.—To request a grant under this sub6 part, the chief executive of a State, unit of local government,

7 or Indian tribe shall submit an application to the Director

8 of the Bureau of Justice Assistance in such form and con9 taining such information as the Director may reasonably

10 require.

11 ‘‘(b) REGULATIONS.—Not later than 90 days after the

12 date of the enactment of this subpart, the Director of the

13 Bureau of Justice Assistance shall promulgate regulations

14 to implement this section (including the information that

15 must be included and the requirements that the States,

16 units of local government, and Indian tribes must meet)

17 in submitting the applications required under this section.

18 ‘‘(c) ELIGIBILITY.—A unit of local government that re19 ceives funding under the Local Law Enforcement Block

20 Grant program (described under the heading ‘Violent Crime

21 Reduction Programs, State and Local Law Enforcement

22 Assistance’ of the Departments of Commerce, Justice, and

23 State, the Judiciary, and Related Agencies Appropriations

24 Act, 1998 (Public Law 105–119)) during a fiscal year in

25 which it submits an application under this subpart shall
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1 not be eligible for a grant under this subpart unless the

2 chief executive officer of such unit of local government cer3 tifies and provides an explanation to the Director that the

4 unit of local government considered or will consider using

5 funding received under the block grant program for any or

6 all of the costs relating to the purchase of video cameras,

7 but did not, or does not expect to use such funds for such

8 purpose.

9 ‘‘SEC. 2523. DEFINITIONS.

10 ‘‘In this subpart—

11 ‘‘(1) the term ‘Indian tribe’ has the same mean12 ing as in section 4(e) of the Indian Self-Determina13 tion and Education Assistance Act (25 U.S.C.

14 450b(e));

15 ‘‘(2) the term ‘law enforcement officer’ means

16 any officer, agent, or employee of a State, unit of

17 local government, or Indian tribe authorized by law

18 or by a government agency to engage in or supervise

19 the prevention, detection, or investigation of any vio20 lation of criminal law, or authorized by law to super21 vise sentenced criminal offenders;

22 ‘‘(3) the term ‘State’ means each of the 50 States,

23 the District of Columbia, the Commonwealth of Puer24 to Rico, the United States Virgin Islands, American
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1 Samoa, Guam, and the Northern Mariana Islands;

2 and

3 ‘‘(4) the term ‘unit of local government’ means a

4 county, municipality, town, township, village, parish,

5 borough, or other unit of general government below

6 the State level.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

8 1001(a) of the Omnibus Crime Control and Safe Streets Act

9 of 1968 (42 U.S.C. 3793(a)) is amended by striking para10 graph (23) and inserting the following:

11 ‘‘(23) There are authorized to be appropriated to carry

12 out part Y—

13 ‘‘(A) $25,000,000 for each of fiscal years 2000

14 through 2002 for grants under subpart A of that part;

15 ‘‘(B) $40,000,000 for each of fiscal years 2000

16 through 2002 for grants under subpart B of that part;

17 and

18 ‘‘(C) $25,000,000 for each of fiscal years 2000

19 through 2002 for grants under subpart C of that

20 part.’’.

21 (c) CLERICAL AMENDMENTS.—The table of contents of

22 title I of the Omnibus Crime Control and Safe Streets Act

23 of 1968 (42 U.S.C. 3711 et seq.) is amended—

24 (1) by striking the item relating to the part

25 heading of part Y and inserting the following:
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‘‘PART Y—MATCHING GRANTS PROGRAMS FOR LAW ENFORCEMENT

‘‘SUBPART A—GRANT PROGRAM FOR ARMOR VESTS’’; AND

1 (2) by adding at the end of the matter relating

2 to part Y the following:

‘‘SUBPART B—GRANT PROGRAM FOR BULLET RESISTANT EQUIPMENT

‘‘2511. Program authorized.

‘‘2512. Applications.

‘‘2513. Definitions.

‘‘SUBPART C—GRANT PROGRAM FOR VIDEO CAMERAS

‘‘2521. Program authorized.

‘‘2522. Applications.

‘‘2523. Definitions.’’.

3 SEC. 1549. SENSE OF CONGRESS.

4 In the case of any equipment or products that may

5 be authorized to be purchased with financial assistance pro6 vided using funds appropriated or otherwise made available

7 under subpart B or C of part Y of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968, as added by

9 this chapter, it is the sense of the Congress that entities re10 ceiving the assistance should, in expending the assistance,

11 purchase only American-made equipment and products.

12 SEC. 1550. TECHNOLOGY DEVELOPMENT.

13 Section 202 of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3722) is amended by adding

15 at the end the following:

16 ‘‘(e) BULLET RESISTANT TECHNOLOGY DEVELOP17 MENT.—

18 ‘‘(1) IN GENERAL.—The Institute is authorized

19 to—
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1 ‘‘(A) conduct research and otherwise work to

2 develop new bullet resistant technologies (i.e.,

3 acrylic, polymers, aluminized material, and

4 transparent ceramics) for use in police equip5 ment (including windshield glass, car panels,

6 shields, and protective gear);

7 ‘‘(B) inventory bullet resistant technologies

8 used in the private sector, in surplus military

9 property, and by foreign countries;

10 ‘‘(C) promulgate relevant standards for, and

11 conduct technical and operational testing and

12 evaluation of, bullet resistant technology and

13 equipment, and otherwise facilitate the use of

14 that technology in police equipment.

15 ‘‘(2) PRIORITY.—In carrying out this subsection,

16 the Institute shall give priority in testing and engi17 neering surveys to law enforcement partnerships de18 veloped in coordination with High Intensity Drug

19 Trafficking Areas.

20 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out

22 this subsection $3,000,000 for fiscal years 2000

23 through 2002.’’.
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1 SEC. 1551. MATCHING GRANT PROGRAM FOR LAW ENFORCE2 MENT ARMOR VESTS.

3 Section 2501(f) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is amended—

5 (1) by striking ‘‘The portion’’ and inserting the

6 following:

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

8 portion’’; and

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

10 ‘‘(2) WAIVER.—The Director may waive, in

11 whole or in part, the requirement of paragraph (1) in

12 the case of fiscal hardship, as determined by the Di13 rector.’’.

14 Subtitle C—Animal Enterprise

15 Terrorism and Ecoterrorism

16 SEC. 1552. ENHANCEMENT OF PENALTIES FOR ANIMAL EN17 TERPRISE TERRORISM.

18 Section 43 of title 18, United States Code, is

19 amended—

20 (1) in subsection (a)—

21 (A), by striking ‘‘under this title’’ and in22 serting ‘‘consistent with this title or double the

23 amount of damages, whichever is greater,’’; and

24 (B) by striking ‘‘one year’’ and inserting

25 ‘‘five years’’; and

26 (2) in subsection (b)—
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1 (A) by redesignating paragraph (2) as

2 paragraph (3);

3 (B) by inserting after paragraph (1) the fol4 lowing new paragraph (2):

5 ‘‘(2) EXPLOSIVES OR ARSON.—Whoever

6 in the course of a violation of subsection (a)

7 maliciously damages or destroys, or at8 tempts to damage or destroy, by means of

9 fire or an explosive, any building, vehicle,

10 or other real or personal property used by

11 the animal enterprise shall be imprisoned

12 for not less than 5 years and not more than

13 20 years, fined under this title, or both.’’;

14 and

15 (C) in paragraph (3), as so redesignated, by

16 striking ‘‘under this title and’’ and all that fol17 lows through the period and inserting ‘‘under

18 this title, imprisoned for life or for any term of

19 years, or sentenced to death.’’.

20 SEC. 1553. NATIONAL ANIMAL TERRORISM AND

21 ECOTERRORISM INCIDENT CLEARINGHOUSE.

22 (a) IN GENERAL.—The Director shall establish and

23 maintain a national clearinghouse for information on inci24 dents of crime and terrorism—
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1 (1) committed against or directed at any animal

2 enterprise;

3 (2) committed against or directed at any com4 mercial activity because of the perceived impact or ef5 fect of such commercial activity on the environment;

6 or

7 (3) committed against or directed at any person

8 because of such person’s perceived connection with or

9 support of any enterprise or activity described in

10 paragraph (1) or (2).

11 (b) CLEARINGHOUSE.—The clearinghouse established

12 under subsection (a) shall—

13 (1) accept, collect, and maintain information on

14 incidents described in subsection (a) that is submitted

15 to the clearinghouse by Federal, State, and local law

16 enforcement agencies, by law enforcement agencies of

17 foreign countries, and by victims of such incidents;

18 (2) collate and index such information for pur19 poses of cross-referencing; and

20 (3) upon request from a Federal, State, or local

21 law enforcement agency, or from a law enforcement

22 agency of a foreign country, provide such information

23 to assist in the investigation of an incident described

24 in subsection (a).
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1 (c) SCOPE OF INFORMATION.—The information main2 tained by the clearinghouse for each incident shall, to the

3 extent practicable, include—

4 (1) the date, time, and place of the incident;

5 (2) details of the incident;

6 (3) any available information on suspects or per7 petrators of the incident; and

8 (4) any other relevant information.

9 (d) DESIGN OF CLEARINGHOUSE.—The clearinghouse

10 shall be designed for maximum ease of use by participating

11 law enforcement agencies.

12 (e) PUBLICITY.—The Director shall publicize the exist13 ence of the clearinghouse to law enforcement agencies by ap14 propriate means.

15 (f) RESOURCES.—In establishing and maintaining the

16 clearinghouse, the Director may—

17 (1) through the Attorney General, utilize the re18 sources of any other department or agency of the Fed19 eral Government; and

20 (2) accept assistance and information from pri21 vate organizations or individuals.

22 (g) COORDINATION.—The Director shall carry out the

23 Director’s responsibilities under this section in cooperation

24 with the Director of the Bureau of Alcohol, Tobacco, and

25 Firearms.
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1 (h) DEFINITIONS.—In this section:

2 (1) The term ‘‘animal enterprise’’ has the same

3 meaning as in section 43 of title 18, United States

4 Code.

5 (2) The term ‘‘Director’’ means the Director of

6 the Federal Bureau of Investigation.

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

8 hereby authorized to be appropriated for fiscal years 2000,

9 2001, 2002, 2003, and 2004 such sums as are necessary to

10 carry out this section.

11 Subtitle D—Jail-Based Substance

12 Abuse

13 SEC. 1554. JAIL-BASED SUBSTANCE ABUSE TREATMENT

14 PROGRAMS.

15 (a) USE OF RESIDENTIAL SUBSTANCE ABUSE TREAT16 MENT GRANTS TO PROVIDE AFTERCARE SERVICES.—Sec17 tion 1901 of part S of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3796ff–1) is amended by

19 adding at the end the following:

20 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDENTIAL

21 AFTERCARE SERVICES.—A State may use amounts received

22 under this part to provide nonresidential substance abuse

23 treatment aftercare services for inmates or former inmates

24 that meet the requirements of subsection (c), if the chief ex25 ecutive officer of the State certifies to the Attorney General
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1 that the State is providing, and will continue to provide,

2 an adequate level of residential treatment services.’’.

3 (b) JAIL-BASED SUBSTANCE ABUSE TREATMENT.—

4 Part S of title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended

6 by adding at the end the following:

7 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

8 ‘‘(a) DEFINITIONS.—In this section—

9 ‘‘(1) the term ‘jail-based substance abuse treat10 ment program’ means a course of individual and

11 group activities, lasting for a period of not less than

12 3 months, in an area of a correctional facility set

13 apart from the general population of the correctional

14 facility, if those activities are—

15 ‘‘(A) directed at the substance abuse prob16 lems of prisoners; and

17 ‘‘(B) intended to develop the cognitive, be18 havioral, social, vocational, and other skills of

19 prisoners in order to address the substance abuse

20 and related problems of prisoners; and

21 ‘‘(2) the term ‘local correctional facility’ means

22 any correctional facility operated by a unit of local

23 government.

24 ‘‘(b) AUTHORIZATION.—
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1 ‘‘(1) IN GENERAL.—Not less than 10 percent of

2 the total amount made available to a State under sec3 tion 1904(a) for any fiscal year may be used by the

4 State to make grants to local correctional facilities in

5 the State for the purpose of assisting jail-based sub6 stance abuse treatment programs established by those

7 local correctional facilities.

8 ‘‘(2) FEDERAL SHARE.—The Federal share of a

9 grant made by a State under this section to a local

10 correctional facility may not exceed 75 percent of the

11 total cost of the jail-based substance abuse treatment

12 program described in the application submitted under

13 subsection (c) for the fiscal year for which the pro14 gram receives assistance under this section.

15 ‘‘(c) APPLICATIONS.—

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

17 grant from a State under this section for a jail-based

18 substance abuse treatment program, the chief execu19 tive of a local correctional facility shall submit to the

20 State, in such form and containing such information

21 as the State may reasonably require, an application

22 that meets the requirements of paragraph (2).

23 ‘‘(2) APPLICATION REQUIREMENTS.—Each appli24 cation submitted under paragraph (1) shall include—
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1 ‘‘(A) with respect to the jail-based substance

2 abuse treatment program for which assistance is

3 sought, a description of the program and a writ4 ten certification that—

5 ‘‘(i) the program has been in effect for

6 not less than 2 consecutive years before the

7 date on which the application is submitted;

8 and

9 ‘‘(ii) the local correctional facility

10 will—

11 ‘‘(I) coordinate the design and im12 plementation of the program between

13 local correctional facility representa14 tives and the appropriate State and

15 local alcohol and substance abuse agen16 cies;

17 ‘‘(II) implement (or continue to

18 require) urinalysis or other proven re19 liable forms of substance abuse testing

20 of individuals participating in the

21 program, including the testing of indi22 viduals released from the jail-based

23 substance abuse treatment program

24 who remain in the custody of the local

25 correctional facility; and
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1 ‘‘(III) carry out the program in

2 accordance with guidelines, which shall

3 be established by the State, in order to

4 guarantee each participant in the pro5 gram access to consistent, continual

6 care if transferred to a different local

7 correctional facility within the State;

8 ‘‘(B) written assurances that Federal funds

9 received by the local correctional facility from

10 the State under this section will be used to sup11 plement, and not to supplant, non-Federal funds

12 that would otherwise be available for jail-based

13 substance abuse treatment programs assisted

14 with amounts made available to the local correc15 tional facility under this section; and

16 ‘‘(C) a description of the manner in which

17 amounts received by the local correctional facil18 ity from the State under this section will be co19 ordinated with Federal assistance for substance

20 abuse treatment and aftercare services provided

21 to the local correctional facility by the Substance

22 Abuse and Mental Health Services Administra23 tion of the Department of Health and Human

24 Services.

25 ‘‘(d) REVIEW OF APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—Upon receipt of an applica2 tion under subsection (c), the State shall—

3 ‘‘(A) review the application to ensure that

4 the application, and the jail-based residential

5 substance abuse treatment program for which a

6 grant under this section is sought, meet the re7 quirements of this section; and

8 ‘‘(B) if so, make an affirmative finding in

9 writing that the jail-based substance abuse treat10 ment program for which assistance is sought

11 meets the requirements of this section.

12 ‘‘(2) APPROVAL.—Based on the review conducted

13 under paragraph (1), not later than 90 days after the

14 date on which an application is submitted under sub15 section (c), the State shall—

16 ‘‘(A) approve the application, disapprove

17 the application, or request a continued evalua18 tion of the application for an additional period

19 of 90 days; and

20 ‘‘(B) notify the applicant of the action

21 taken under subparagraph (A) and, with respect

22 to any denial of an application under subpara23 graph (A), afford the applicant an opportunity

24 for reconsideration.
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1 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

2 AFTERCARE COMPONENT.—

3 ‘‘(A) IN GENERAL.—In making grants

4 under this section, a State shall give preference

5 to applications from local correctional facilities

6 that ensure that each participant in the jail7 based substance abuse treatment program for

8 which a grant under this section is sought, is re9 quired to participate in an aftercare services

10 program that meets the requirements of subpara11 graph (B), for a period of not less than 1 year

12 following the earlier of—

13 ‘‘(i) the date on which the participant

14 completes the jail-based substance abuse

15 treatment program; or

16 ‘‘(ii) the date on which the participant

17 is released from the correctional facility at

18 the end of the participant’s sentence or is

19 released on parole.

20 ‘‘(B) AFTERCARE SERVICES PROGRAM RE21 QUIREMENTS.—For purposes of subparagraph

22 (A), an aftercare services program meets the re23 quirements of this paragraph if the program—

24 ‘‘(i) in selecting individuals for par25 ticipation in the program, gives priority to
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1 individuals who have completed a jail-based

2 substance abuse treatment program;

3 ‘‘(ii) requires each participant in the

4 program to submit to periodic substance

5 abuse testing; and

6 ‘‘(iii) involves the coordination between

7 the jail-based substance abuse treatment

8 program and other human service and reha9 bilitation programs that may assist in the

10 rehabilitation of program participants, such

11 as—

12 ‘‘(I) educational and job training

13 programs;

14 ‘‘(II) parole supervision pro15 grams;

16 ‘‘(III) half-way house programs;

17 and

18 ‘‘(IV) participation in self-help

19 and peer group programs; and

20 ‘‘(iv) assists in placing jail-based sub21 stance abuse treatment program partici22 pants with appropriate community sub23 stance abuse treatment facilities upon re24 lease from the correctional facility at the

25 end of a sentence or on parole.
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1 ‘‘(e) COORDINATION AND CONSULTATION.—

2 ‘‘(1) COORDINATION.—Each State that makes 1

3 or more grants under this section in any fiscal year

4 shall, to the maximum extent practicable, implement

5 a statewide communications network with the capac6 ity to track the participants in jail-based substance

7 abuse treatment programs established by local correc8 tional facilities in the State as those participants

9 move between local correctional facilities within the

10 State.

11 ‘‘(2) CONSULTATION.—Each State described in

12 paragraph (1) shall consult with the Attorney General

13 and the Secretary of Health and Human Services to

14 ensure that each jail-based substance abuse treatment

15 program assisted with a grant made by the State

16 under this section incorporates applicable components

17 of comprehensive approaches, including relapse pre18 vention and aftercare services.

19 ‘‘(f) USE OF GRANT AMOUNTS.—

20 ‘‘(1) IN GENERAL.—Each local correctional facil21 ity that receives a grant under this section shall use

22 the grant amount solely for the purpose of carrying

23 out the jail-based substance abuse treatment program

24 described in the application submitted under sub25 section (c).
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1 ‘‘(2) ADMINISTRATION.—Each local correctional

2 facility that receives a grant under this section shall

3 carry out all activities relating to the administration

4 of the grant amount, including reviewing the manner

5 in which the amount is expended, processing, moni6 toring the progress of the program assisted, financial

7 reporting, technical assistance, grant adjustments, ac8 counting, auditing, and fund disbursement.

9 ‘‘(3) RESTRICTION.—A local correctional facility

10 may not use any amount of a grant under this sec11 tion for land acquisition or a construction project.

12 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE13 VIEW.—

14 ‘‘(1) REPORTING REQUIREMENT.—Not later than

15 March 1 of each year, each local correctional facility

16 that receives a grant under this section shall submit

17 to the Attorney General, through the State, a descrip18 tion and evaluation of the jail-based substance abuse

19 treatment program carried out by the local correc20 tional facility with the grant amount, in such form

21 and containing such information as the Attorney

22 General may reasonably require.

23 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

24 General shall conduct an annual review of each jail25 based substance abuse treatment program assisted
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1 under this section, in order to verify the compliance

2 of local correctional facilities with the requirements of

3 this section.

4 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing in

5 this section shall be construed to affect the allocation of

6 amounts to States under section 1904(a).’’.

7 (c) TECHNICAL AMENDMENT.—The table of contents

8 for title I of the Omnibus Crime Control and Safe Streets

9 Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the

10 matter relating to part S, by adding at the end the fol11 lowing:

‘‘1906. Jail-based substance abuse treatment.’’.

12 Subtitle E—Safe School Security

13 SEC. 1555. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Safe School Security

15 Act of 1999’’.

16 SEC. 1556. ESTABLISHMENT OF SCHOOL SECURITY TECH17 NOLOGY CENTER.

18 (a) SCHOOL SECURITY TECHNOLOGY CENTER.—

19 (1) ESTABLISHMENT.—The Attorney General,

20 the Secretary of Education, and the Secretary of En21 ergy shall enter into an agreement for the establish22 ment at the Sandia National Laboratories, in part23 nership with the National Law Enforcement and Cor24 rections Technology Center—Southeast and the Na25 tional Center for Rural Law Enforcement, of a center
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1 to be known as the ‘‘School Security Technology Cen2 ter’’. The School Security Technology Center shall be

3 administered by the Attorney General.

4 (2) FUNCTIONS.—The School Security Tech5 nology Center shall be a resource to local educational

6 agencies for school security assessments, security tech7 nology development, technology availability and im8 plementation, and technical assistance relating to im9 proving school security. The School Security Tech10 nology Center shall also conduct and publish research

11 on school violence, coalesce data from victim groups,

12 and monitor and report on schools that implement

13 school security strategies.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section—

16 (1) $3,700,000 for fiscal year 2000;

17 (2) $3,800,000 for fiscal year 2001; and

18 (3) $3,900,000 for fiscal year 2002.

19 SEC. 1557. GRANTS FOR LOCAL SCHOOL SECURITY PRO20 GRAMS.

21 Subpart 1 of part A of title IV of the Elementary and

22 Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.)

23 is amended by adding at the end the following:

24 ‘‘SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) GRANTS AUTHORIZED.—From amounts ap2 propriated under subsection (c), the Secretary shall

3 award grants on a competitive basis to local edu4 cational agencies to enable the agencies to acquire se5 curity technology for, or carry out activities related

6 to improving security at, the middle and secondary

7 schools served by the agencies, including obtaining

8 school security assessments, and technical assistance,

9 for the development of a comprehensive school security

10 plan from the School Security Technology Center.

11 ‘‘(2) APPLICATION.—To be eligible to receive a

12 grant under this section, a local educational agency

13 shall submit to the Secretary an application in such

14 form and containing such information as the Sec15 retary may require, including information relating to

16 the security needs of the agency.

17 ‘‘(3) PRIORITY.—In awarding grants under this

18 section, the Secretary shall give priority to local edu19 cational agencies that demonstrate the highest secu20 rity needs, as reported by the agency in the applica21 tion submitted under paragraph (2).

22 ‘‘(b) APPLICABILITY.—The provisions of this part

23 (other than this section) shall not apply to this section.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $10,000,000 for each of fiscal years 2000, 2001, and 2002.’’.

4 SEC. 1558. SAFE AND SECURE SCHOOL ADVISORY REPORT.

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

6 this Act, the Attorney General, in consultation with the Sec7 retary of Education and the Secretary of Energy, or their

8 designees, shall—

9 (1) develop a proposal to further improve school

10 security; and

11 (2) submit that proposal to Congress.

12 Subtitle F—Internet Prohibitions

13 SEC. 1561. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Internet Firearms

15 and Explosives Advertising Act of 1999’’.

16 SEC. 1562. FINDINGS; PURPOSE.

17 Congress finds the following:

18 (1) Citizens have an individual right, under the

19 Second Amendment to the United States Constitution,

20 to keep and bear arms. The Gun Control Act of 1968

21 and the Firearms Owners Protection Act of 1986 spe22 cifically state that it is not the intent of Congress to

23 frustrate the free exercise of that right in enacting

24 Federal legislation. The free exercise of that right in25 cludes law abiding firearms owners buying, selling,
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1 trading, and collecting guns in accordance with Fed2 eral, State, and local laws for whatever lawful use

3 they deem desirable.

4 (2) The Internet is a powerful information me5 dium, which has and continues to be an excellent tool

6 to educate citizens on the training, education and

7 safety programs available to use firearms safely and

8 responsibly. It has, and should continue to develop, as

9 a 21st century tool for ‘‘e-commerce’’ and marketing

10 many products, including firearms and sporting

11 goods. Many web sites related to these topics are spon12 sored in large part by the sporting firearms and

13 hunting community.

14 (3) It is the intent of Congress that this legisla15 tion be applied where the Internet is being exploited

16 to violate the applicable explosives and firearms laws

17 of the United States.

18 SEC. 1563. PROHIBITIONS ON USES OF THE INTERNET.

19 (a) In General.—Chapter 44 of title 18, United States

20 Code, is amended by adding at the end the following:

21 ‘‘§ 931. Criminal firearms and explosives solicitations

22 ‘‘(a)(1) IN GENERAL.—Any person who, in a cir23 cumstance described in paragraph (2), knowingly makes,

24 prints, or publishes, or causes to be made, printed, or pub25 lished, any notice or advertisement seeking or offering to
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1 receive, exchange, buy, sell, produce, distribute, or

2 transfer—

3 ‘‘(A) a firearm knowing that such transaction, if

4 carried out as noticed or advertised, would violate

5 subsection (a), (d), (g), or (x) of section 922 of this

6 chapter, or

7 ‘‘(B) explosive materials knowing that such

8 transaction, if carried out as noticed or advertised,

9 would violate subsection (a), (d), and (i) of section

10 842 of this title,

11 shall be punished as provided under subsection (b).

12 ‘‘(2) The circumstance referred to in paragraph (1) is

13 that—

14 ‘‘(A) such person knows or has reason to know

15 that such notice or advertisement will be transported

16 in interstate or foreign commerce by computer; or

17 ‘‘(B) such notice or advertisement is transported

18 in interstate or foreign commerce by computer.

19 ‘‘(b) PENALTIES.—Any individual who violates, or at20 tempts or conspires to violate, this section shall be fined

21 under this title or imprisoned not more than 1 year, and

22 both, but if such person has one prior conviction under this

23 section, or under the laws of any State relating to the same

24 offense, such person shall be fined under this title and im25 prisoned for not more than 5 years, but if such person has
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1 2 or more prior convictions under this section, or under

2 the laws of any State relating to the same offense, such per3 son shall be fined under this title and imprisoned not less

4 than 10 years nor more than 20 years. Any organization

5 that violates, or attempts or conspires to violate, this section

6 shall be fined under this title. Whoever, in the course of an

7 offense under this section, engages in conduct that results

8 in the death of a juvenile, herein defined as an individual

9 who has not yet attained the age of 18 years, shall be pun10 ished by death, or imprisoned for any term of years or for

11 life.

12 ‘‘(c) DEFENSES.—It is an affirmative defense against

13 any proceeding involving this section if the proponent

14 proves by a preponderance of the evidence that—

15 ‘‘(1) the advertisement or notice came from—

16 ‘‘(A) a web site, notice or advertisement op17 erated or created by a person licensed—

18 ‘‘(i) as a manufacturer, importer, or

19 dealer under section 923 of this chapter; or

20 ‘‘(ii) under chapter 40 of this title; and

21 ‘‘(B) the site, advertisement or notice, ad22 vised the person at least once prior to the offer23 ing of the product, material or information to

24 the person that sales or transfers of the product

25 or information will be made in accord with Fed-
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1 eral, State and local law applicable to the buyer

2 or transferee, and such notice includes, in the

3 case of firearms or ammunition, additional in4 formation that firearms transfers will only be

5 made through a licensee, and that firearms and

6 ammunition transfers are prohibited to felons,

7 fugitives, juveniles and other persons under the

8 Gun Control Act of 1968 prohibited from receiv9 ing or possessing firearms or ammunition; or

10 ‘‘(2) the advertisement or notice came from—

11 ‘‘(A) a web site, notice or advertisement is

12 operated or created by a person not licensed as

13 stated in paragraph (1); and

14 ‘‘(B) the site, advertisement or notice, ad15 vised the person at least once prior to the offer16 ing of the product, material or information to

17 the person that the sales or transfers of the prod18 uct or information—

19 ‘‘(i) will be made in accord with Fed20 eral, State and local law applicable to the

21 buyer or transferee, and such notice in22 cludes, in the case of firearms or ammuni23 tion, that firearms and ammunition trans24 fers are prohibited to felons, fugitives, juve25 niles and other persons under the Gun Con-
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1 trol Act of 1968 prohibited from receiving

2 or possessing firearms or ammunition; and

3 ‘‘(ii) as a term or condition for posting

4 or listing the firearm for sale or exchange

5 on the web site for a prospective transferor,

6 the web site, advertisement or notice re7 quires that, in the event of any agreement

8 to sell or exchange the firearm pursuant to

9 that posting or listing, the firearm be trans10 ferred to that person for disposition through

11 a Federal firearms licensee, where the Gun

12 Control Act of 1968 requires the transfer to

13 be made through a Federal firearms li14 censee.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

16 analysis for chapter 44 of title 18, United States Code, is

17 amended by inserting after the item relating to section 930

18 the following:

‘‘931. Criminal firearms and explosives solicitations.’’.

19 SEC. 1564. EFFECTIVE DATE.

20 The amendments made by sections 1661–1663 shall

21 take effect beginning on the date that is 180 days after the

22 enactment of this Act.
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1 Subtitle G—Partnerships for High2 Risk Youth

3 SEC. 1571. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Partnerships for

5 High-Risk Youth Act’’.

6 SEC. 1572. FINDINGS.

7 Congress finds that—

8 (1) violent juvenile crime rates have been in9 creasing in United States schools, causing many high10 profile deaths of young, innocent school children;

11 (2) in 1994, there were 2,700,000 arrests of per12 sons under age 18 (a third of whom were under age

13 15), up from 1,700,000 in 1991;

14 (3) while crime is generally down in many

15 urban and suburban areas, crime committed by teen16 agers has spiked sharply over the past few years;

17 (4) there is no single solution, or panacea, to the

18 problem of rising juvenile crime;

19 (5) there will soon be over 34,000,000 teenagers

20 in the United States, which is 26 percent higher than

21 the number of such teenagers in 1990 and the largest

22 number of teenagers in the United States to date;

23 (6) in order to ensure the safety of youth in the

24 United States, the Nation should begin to explore in25 novative methods of curbing the rise in violent crime
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1 in United States schools, such as use of faith-based

2 and grassroots initiatives; and

3 (7)(A) a strong partnership among law enforce4 ment, local government, juvenile and family courts,

5 schools, businesses, charitable organizations, families,

6 and the religious community can create a community

7 environment that supports the youth of the Nation

8 and reduces the occurrence of juvenile crime; and

9 (B) the development of character and strong

10 moral values will—

11 (i) greatly decrease the likelihood that youth

12 will fall victim to the temptations of crime; and

13 (ii) improve the lives and future prospects

14 of high-risk youth and their communities.

15 SEC. 1573. PURPOSES.

16 The purposes of this subtitle are as follows:

17 (1) To establish a national demonstration project

18 to promote learning about successful youth interven19 tions, with programs carried out by institutions that

20 can identify and employ effective approaches for im21 proving the lives and future prospects of high-risk

22 youth and their communities.

23 (2) To document best practices for conducting

24 successful interventions for high-risk youth, based on

25 the results of local initiatives.
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1 (3) To produce lessons and data from the oper2 ating experience from those local initiatives that

3 will—

4 (A) provide information to improve policy

5 in the public and private sectors; and

6 (B) promote the operational effectiveness of

7 other local initiatives throughout the United

8 States.

9 SEC. 1574. ESTABLISHMENT OF DEMONSTRATION PROJECT.

10 (a) IN GENERAL.—The Attorney General shall estab11 lish and carry out a demonstration project. In carrying out

12 the demonstration project, the Attorney General shall, sub13 ject to the availability of appropriations, award a grant

14 to Public-Private Ventures, Inc. to enable Public-Private

15 Ventures, Inc. to award grants to eligible partnerships to

16 pay for the Federal share of the cost of carrying out collabo17 rative intervention programs for high-risk youth, described

18 in section 1576, in the following 12 cities:

19 (1) Boston, Massachusetts.

20 (2) New York, New York.

21 (3) Philadelphia, Pennsylvania.

22 (4) Pittsburgh, Pennsylvania.

23 (5) Detroit, Michigan.

24 (6) Denver, Colorado.

25 (7) Seattle, Washington.
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1 (8) Cleveland, Ohio.

2 (9) San Francisco, California.

3 (10) Austin, Texas.

4 (11) Memphis, Tennessee.

5 (12) Indianapolis, Indiana.

6 (b) FEDERAL SHARE.—

7 (1) IN GENERAL.—The Federal share of the cost

8 described in subsection (a) shall be 70 percent.

9 (2) NON-FEDERAL SHARE.—The non-Federal

10 share of the cost may be provided in cash.

11 SEC. 1575. ELIGIBILITY.

12 (a) IN GENERAL.—To be eligible to receive a grant

13 under section 1574, a partnership—

14 (1) shall submit an application to Public-Private

15 Ventures Inc. at such time, in such manner, and con16 taining such information as Public-Private Ventures,

17 Inc. may require;

18 (2) shall enter into a memorandum of under19 standing with Public-Private Ventures, Inc.; and

20 (3)(A) shall be a collaborative entity that in21 cludes representatives of local government, juvenile de22 tention service providers, local law enforcement, pro23 bation officers, youth street workers, and local edu24 cational agencies, and religious institutions that have
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1 resident-to-membership percentages of at least 40 per2 cent; and

3 (B) shall serve a city referred to in section

4 1574(a).

5 (b) SELECTION CRITERIA.—In making grants under

6 section 1574, Public-Private Ventures, Inc. shall consider—

7 (1) the ability of a partnership to design and

8 implement a local intervention program for high-risk

9 youth;

10 (2) the past experience of the partnership, and

11 key participating individuals, in intervention pro12 grams for youth and similar community activities;

13 and

14 (3) the experience of the partnership in working

15 with other community-based organizations.

16 SEC. 1576. USES OF FUNDS.

17 (a) PROGRAMS.—

18 (1) CORE FEATURES.—An eligible partnership

19 that receives a grant under section 1574 shall use the

20 funds made available through the grant to carry out

21 an intervention program with the following core fea22 tures:

23 (A) TARGET GROUP.—The program will

24 target a group of youth (including young adults)

25 who—
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1 (i) are at high risk of—

2 (I) leading lives that are unpro3 ductive and negative;

4 (II) not being self-sufficient; and

5 (III) becoming incarcerated; and

6 (ii) are likely to cause pain and loss to

7 other individuals and their communities.

8 (B) VOLUNTEERS AND MENTORS.—The pro9 gram will make significant use of volunteers and

10 mentors.

11 (C) LONG-TERM INVOLVEMENT.—The pro12 gram will feature activities that promote long13 term involvement in the lives of the youth (in14 cluding young adults).

15 (2) PERMISSIBLE SERVICES.—The partnership,

16 in carrying out the program, may use funds made

17 available through the grant to provide, directly or

18 through referrals, comprehensive support services to

19 the youth (including young adults).

20 (b) EVALUATION AND RELATED ACTIVITIES.—Using

21 funds made available through its grant under section 1574,

22 Public-Private Ventures, Inc. shall—

23 (1) prepare and implement an evaluation design

24 for evaluating the programs that receive grants under

25 section 1574;
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1 (2) conduct a quarterly evaluation of the per2 formance and progress of the programs;

3 (3) organize and conduct national and regional

4 conferences to promote peer learning about the oper5 ational experiences from the programs;

6 (4) provide technical assistance to the partner7 ships carrying out the programs, based on the quar8 terly evaluations; and

9 (5) prepare and submit to the Attorney General

10 a report that describes the activities of the partner11 ships and the results of the evaluations.

12 (c) LIMITATION.—Not more than 20 percent of the

13 funds appropriated under section 1577 for a fiscal year

14 may be used—

15 (1) to provide comprehensive support services

16 under subsection (a)(2);

17 (2) to carry out activities under subsection (b);

18 and

19 (3) to pay for the administrative costs of Public20 Private Ventures, Inc., related to carrying out this

21 subtitle.

22 SEC. 1577. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated to carry out

24 this subtitle $4,000,000 for each of the fiscal years 2000

25 through 2004.
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1 Subtitle H—National Youth Crime

2 Prevention

3 SEC. 1581. SHORT TITLE.

4 This subtitle may be cited as the ‘‘National Youth

5 Crime Prevention Demonstration Act’’.

6 SEC. 1582. PURPOSES.

7 The purposes of this subtitle are as follows:

8 (1) To establish a demonstration project that es9 tablishes violence-free zones that would involve suc10 cessful youth intervention models in partnership with

11 law enforcement, local housing authorities, private

12 foundations, and other public and private partners.

13 (2) To document best practices based on success14 ful grassroots interventions in cities, including Wash15 ington, District of Columbia; Boston, Massachusetts;

16 Hartford, Connecticut; and other cities to develop

17 methodologies for widespread replication.

18 (3) To increase the efforts of the Department of

19 Justice, the Department of Housing and Urban De20 velopment, and other agencies in supporting effective

21 neighborhood mediating approaches.

22 SEC. 1583. ESTABLISHMENT OF NATIONAL YOUTH CRIME

23 PREVENTION DEMONSTRATION PROJECT.

24 The Attorney General shall establish and carry out a

25 demonstration project. In carrying out the demonstration
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1 project, the Attorney General shall, subject to the avail2 ability of appropriations, award a grant to the National

3 Center for Neighborhood Enterprise (referred to in this sub4 title as the ‘‘National Center’’) to enable the National Cen5 ter to award grants to grassroots entities in the following

6 8 cities:

7 (1) Washington, District of Columbia.

8 (2) Detroit, Michigan.

9 (3) Hartford, Connecticut.

10 (4) Indianapolis, Indiana.

11 (5) Chicago (and surrounding metropolitan

12 area), Illinois.

13 (6) San Antonio, Texas.

14 (7) Dallas, Texas.

15 (8) Los Angeles, California.

16 SEC. 1584. ELIGIBILITY.

17 (a) IN GENERAL.—To be eligible to receive a grant

18 under this subtitle, a grassroots entity referred to in section

19 1583 shall submit an application to the National Center

20 to fund intervention models that establish violence-free

21 zones.

22 (b) SELECTION CRITERIA.—In awarding grants under

23 this subtitle, the National Center shall consider—
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1 (1) the track record of a grassroots entity and

2 key participating individuals in youth group medi3 ation and crime prevention;

4 (2) the engagement and participation of a grass5 roots entity with other local organizations; and

6 (3) the ability of a grassroots entity to enter into

7 partnerships with local housing authorities, law en8 forcement agencies, and other public entities.

9 SEC. 1585. USES OF FUNDS.

10 (a) IN GENERAL.—Funds received under this subtitle

11 may be used for youth mediation, youth mentoring, life

12 skills training, job creation and entrepreneurship, organiza13 tional development and training, development of long-term

14 intervention plans, collaboration with law enforcement,

15 comprehensive support services and local agency partner16 ships, and activities to further community objectives in re17 ducing youth crime and violence.

18 (b) GUIDELINES.—The National Center will identify

19 local lead grassroots entities in each designated city.

20 (c) TECHNICAL ASSISTANCE.—The National Center, in

21 cooperation with the Attorney General, shall also provide

22 technical assistance for startup projects in other cities.

23 SEC. 1586. REPORTS.

24 The National Center shall submit a report to the Attor25 ney General evaluating the effectiveness of grassroots agen-
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1 cies and other public entities involved in the demonstration

2 project.

3 SEC. 1587. DEFINITIONS.

4 In this subtitle:

5 (1) GRASSROOTS ENTITY.—The term ‘‘grassroots

6 entity’’ means a not-for-profit community organiza7 tion with demonstrated effectiveness in mediating and

8 addressing youth violence by empowering at-risk

9 youth to become agents of peace and community res10 toration.

11 (2) NATIONAL CENTER FOR NEIGHBORHOOD EN12 TERPRISE.—The term ‘‘National Center for Neighbor13 hood Enterprise’’ means a not-for-profit organization

14 incorporated in the District of Columbia.

15 SEC. 1588. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated to carry out this subtitle—

18 (1) $5,000,000 for fiscal year 2000;

19 (2) $5,000,000 for fiscal year 2001;

20 (3) $5,000,000 for fiscal year 2002;

21 (4) $5,000,000 for fiscal year 2003; and

22 (5) $5,000,000 for fiscal year 2004.

23 (b) RESERVATION.—The National Center for Neighbor24 hood Enterprise may use not more than 20 percent of the

25 amounts appropriated pursuant to subsection (a) in any
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1 fiscal year for administrative costs, technical assistance and

2 training, comprehensive support services, and evaluation of

3 participating grassroots organizations.

4 Subtitle I—National Youth Violence

5 Commission

6 SEC. 1591. SHORT TITLE.

7 This subtitle may be cited as the ‘‘National Youth Vio8 lence Commission Act’’.

9 SEC. 1592. NATIONAL YOUTH VIOLENCE COMMISSION.

10 (a) ESTABLISHMENT OF COMMISSION.—There is estab11 lished a commission to be known as the National Youth Vio12 lence Commission (hereinafter referred to in this subtitle as

13 the ‘‘Commission’’). The Commission shall—

14 (1) be composed of 16 members appointed in ac15 cordance with subsection (b); and

16 (2) conduct its business in accordance with the

17 provisions of this subtitle.

18 (b) MEMBERSHIP.—

19 (1) PERSONS ELIGIBLE.—Except for those mem20 bers who hold the offices described under paragraph

21 (2)(A), and those members appointed under para22 graph (2) (C)(ii) and (D)(iv), the members of the

23 Commission shall be individuals who have expertise,

24 by both experience and training, in matters to be

25 studied by the Commission under section 1593. The
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1 members of the Commission shall be well-known and

2 respected among their peers in their respective fields

3 of expertise.

4 (2) APPOINTMENTS.—The members of the Com5 mission shall be appointed for the life of the Commis6 sion as follows:

7 (A) Four shall be appointed by the Presi8 dent of the United States, including—

9 (i) the Surgeon General of the United

10 States;

11 (ii) the Attorney General of the United

12 States;

13 (iii) the Secretary of the Department of

14 Health and Human Services; and

15 (iv) the Secretary of the Department of

16 Education.

17 (B) Four shall be appointed by the Speaker

18 of the House of Representatives, including—

19 (i) 1 member who meets the criteria for

20 eligibility in paragraph (1) in the field of

21 law enforcement or crime enforcement;

22 (ii) 1 member who meets the criteria

23 for eligibility in paragraph (1) in the field

24 of school administration, teaching, or coun25 seling;
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1 (iii) 1 member who meets the criteria

2 for eligibility in paragraph (1) in the field

3 of parenting and family studies; and

4 (iv) 1 member who meets the criteria

5 for eligibility in paragraph (1) in the field

6 of child or adolescent psychology.

7 (C) Two shall be appointed by the Minority

8 Leader of the House of Representatives,

9 including—

10 (i) 1 member who meets the criteria for

11 eligibility in paragraph (1) in the field of

12 law enforcement or crime enforcement; and

13 (ii) 1 member who is a recognized reli14 gious leader.

15 (D) Four shall be appointed by the Majority

16 Leader of the Senate, including—

17 (i) 1 member who meets the criteria for

18 eligibility in paragraph (1) in the field of

19 law enforcement or crime enforcement;

20 (ii) 1 member who meets the criteria

21 for eligibility in paragraph (1) in the field

22 of school administration, teaching, or coun23 seling;
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1 (iii) 1 member who meets the criteria

2 for eligibility in paragraph (1) in the social

3 sciences; and

4 (iv) 1 member who is a recognized reli5 gious leader.

6 (E) Two shall be appointed by the Minority

7 Leader of the Senate, including—

8 (i) 1 member who meets the criteria for

9 eligibility in paragraph (1) in the field of

10 school administration, teaching, or coun11 seling; and

12 (ii) 1 member who meets the criteria

13 for eligibility in paragraph (1) in the field

14 of parenting and family studies.

15 (3) COMPLETION OF APPOINTMENTS; VACAN16 CIES.—Not later than 30 days after the date of enact17 ment of this Act, the appointing authorities under

18 paragraph (2) shall each make their respective ap19 pointments. Any vacancy that occurs during the life

20 of the Commission shall not affect the powers of the

21 Commission, and shall be filled in the same manner

22 as the original appointment not later than 30 days

23 after the vacancy occurs.

24 (4) OPERATION OF THE COMMISSION.—
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1 (A) CHAIRMANSHIP.—The appointing au2 thorities under paragraph (2) shall jointly des3 ignate 1 member as the Chairman of the Com4 mission. In the event of a disagreement among

5 the appointing authorities, the Chairman shall

6 be determined by a majority vote of the appoint7 ing authorities. The determination of which

8 member shall be Chairman shall be made not

9 later than 15 days after the appointment of the

10 last member of the Commission, but in no case

11 later than 45 days after the date of enactment of

12 this Act.

13 (B) MEETINGS.—The Commission shall

14 meet at the call of the Chairman. The initial

15 meeting of the Commission shall be conducted

16 not later than 30 days after the later of—

17 (i) the date of the appointment of the

18 last member of the Commission; or

19 (ii) the date on which appropriated

20 funds are available for the Commission.

21 (C) QUORUM; VOTING; RULES.—A majority

22 of the members of the Commission shall con23 stitute a quorum to conduct business, but the

24 Commission may establish a lesser quorum for

25 conducting hearings scheduled by the Commis-
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1 sion. Each member of the Commission shall have

2 1 vote, and the vote of each member shall be ac3 corded the same weight. The Commission may es4 tablish by majority vote any other rules for the

5 conduct of the Commission’s business, if such

6 rules are not inconsistent with this subtitle or

7 other applicable law.

8 SEC. 1593. DUTIES OF THE COMMISSION.

9 (a) STUDY.—

10 (1) IN GENERAL.—It shall be the duty of the

11 Commission to conduct a comprehensive factual study

12 of incidents of youth violence to determine the root

13 causes of such violence.

14 (2) MATTERS TO BE STUDIED.—In determining

15 the root causes of incidents of youth violence, the

16 Commission shall study any matter that the Commis17 sion determines relevant to meeting the requirements

18 of paragraph (1), including at a minimum—

19 (A) the level of involvement and awareness

20 of teachers and school administrators in the lives

21 of their students and any impact of such involve22 ment and awareness on incidents of youth vio23 lence;

24 (B) trends in family relationships, the level

25 of involvement and awareness of parents in the
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1 lives of their children, and any impact of such

2 relationships, involvement, and awareness on in3 cidents of youth violence;

4 (C) the alienation of youth from their

5 schools, families, and peer groups, and any im6 pact of such alienation on incidents of youth vio7 lence;

8 (D) the availability of firearms to youth,

9 including any illegal means by which youth ac10 quire such firearms, and any impact of such

11 availability on incidents of youth violence;

12 (E) any impact upon incidents of youth vi13 olence of the failure to execute existing laws de14 signed to restrict youth access to certain fire15 arms, and the illegal purchase, possession, or

16 transfer of certain firearms;

17 (F) the effect upon youth of depictions of vi18 olence in the media and any impact of such de19 pictions on incidents of youth violence; and

20 (G) the availability to youth of information

21 regarding the construction of weapons, including

22 explosive devices, and any impact of such infor23 mation on incidents of youth violence.

24 (3) TESTIMONY OF PARENTS AND STUDENTS.—In

25 determining the root causes of incidents of youth vio-
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1 lence, the Commission shall, pursuant to section

2 1594(a), take the testimony of parents and students to

3 learn and memorialize their views and experiences re4 garding incidents of youth violence.

5 (b) RECOMMENDATIONS.—Based on the findings of the

6 study required under subsection (a), the Commission shall

7 make recommendations to the President and Congress to ad8 dress the causes of youth violence and reduce incidents of

9 youth violence. If the Surgeon General issues any report

10 on media and violence, the Commission shall consider the

11 findings and conclusions of such report in making rec12 ommendations under this subsection.

13 (c) REPORT.—

14 (1) IN GENERAL.—Not later than 1 year after

15 the date on which the Commission first meets, the

16 Commission shall submit to the President and Con17 gress a comprehensive report of the Commission’s

18 findings and conclusions, together with the rec19 ommendations of the Commission.

20 (2) SUMMARIES.—The report under this sub21 section shall include a summary of—

22 (A) the reports submitted to the Commission

23 by any entity under contract for research under

24 section 1594(e); and
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1 (B) any other material relied on by the

2 Commission in the preparation of the Commis3 sion’s report.

4 SEC. 1594. POWERS OF THE COMMISSION.

5 (a) HEARINGS.—

6 (1) IN GENERAL.—The Commission may hold

7 such hearings, sit and act at such times and places,

8 administer such oaths, take such testimony, and re9 ceive such evidence as the Commission considers ad10 visable to carry out its duties under section 1593.

11 (2) WITNESS EXPENSES.—Witnesses requested to

12 appear before the Commission shall be paid the same

13 fees as are paid to witnesses under section 1821 of

14 title 28, United States Code.

15 (b) SUBPOENAS.—

16 (1) IN GENERAL.—If a person fails to supply in17 formation requested by the Commission, the Commis18 sion may by majority vote request the Attorney Gen19 eral of the United States to require by subpoena the

20 production of any written or recorded information,

21 document, report, answer, record, account, paper,

22 computer file, or other data or documentary evidence

23 necessary to carry out the Commission’s duties under

24 section 1593. The Commission shall transmit to the

25 Attorney General a confidential, written request for
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1 the issuance of any such subpoena. The Attorney Gen2 eral shall issue the requested subpoena if the request

3 is reasonable and consistent with the Commission’s

4 duties under section 1593. A subpoena under this

5 paragraph may require the production of materials

6 from any place within the United States.

7 (2) INTERROGATORIES.—The Commission may,

8 with respect only to information necessary to under9 stand any materials obtained through a subpoena

10 under paragraph (1), request the Attorney General to

11 issue a subpoena requiring the person producing such

12 materials to answer, either through a sworn deposi13 tion or through written answers provided under oath

14 (at the election of the person upon whom the subpoena

15 is served), to interrogatories from the Commission re16 garding such information. The Attorney General shall

17 issue the requested subpoena if the request is reason18 able and consistent with the Commission’s duties

19 under section 1593. A complete recording or tran20 scription shall be made of any deposition made under

21 this paragraph.

22 (3) CERTIFICATION.—Each person who submits

23 materials or information to the Attorney General

24 pursuant to a subpoena issued under paragraph (1)

25 or (2) shall certify to the Attorney General the au-
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1 thenticity and completeness of all materials or infor2 mation submitted. The provisions of section 1001 of

3 title 18, United States Code, shall apply to any false

4 statements made with respect to the certification re5 quired under this paragraph.

6 (4) TREATMENT OF SUBPOENAS.—Any subpoena

7 issued by the Attorney General under paragraph (1)

8 or (2) shall comply with the requirements for sub9 poenas issued by a United States district court under

10 the Federal Rules of Civil Procedure.

11 (5) FAILURE TO OBEY A SUBPOENA.—If a person

12 refuses to obey a subpoena issued by the Attorney

13 General under paragraph (1) or (2), the Attorney

14 General may apply to a United States district court

15 for an order requiring that person to comply with

16 such subpoena. The application may be made within

17 the judicial district in which that person is found, re18 sides, or transacts business. Any failure to obey the

19 order of the court may be punished by the court as

20 civil contempt.

21 (c) INFORMATION FROM FEDERAL AGENCIES.—The

22 Commission may secure directly from any Federal depart23 ment or agency such information as the Commission con24 siders necessary to carry out its duties under section 1593.

25 Upon the request of the Commission, the head of such de-
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1 partment or agency may furnish such information to the

2 Commission.

3 (d) INFORMATION TO BE KEPT CONFIDENTIAL.—

4 (1) IN GENERAL.—The Commission shall be con5 sidered an agency of the Federal Government for pur6 poses of section 1905 of title 18, United States Code,

7 and any individual employed by any individual or

8 entity under contract with the Commission under

9 subsection (e) shall be considered an employee of the

10 Commission for the purposes of section 1905 of title

11 18, United States Code.

12 (2) DISCLOSURE.—Information obtained by the

13 Commission or the Attorney General under this Act

14 and shared with the Commission, other than informa15 tion available to the public, shall not be disclosed to

16 any person in any manner, except—

17 (A) to Commission employees or employees

18 of any individual or entity under contract to the

19 Commission under subsection (e) for the purpose

20 of receiving, reviewing, or processing such infor21 mation;

22 (B) upon court order; or

23 (C) when publicly released by the Commis24 sion in an aggregate or summary form that does

25 not directly or indirectly disclose—
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1 (i) the identity of any person or busi2 ness entity; or

3 (ii) any information which could not

4 be released under section 1905 of title 18,

5 United States Code.

6 (e) CONTRACTING FOR RESEARCH.—The Commission

7 may enter into contracts with any entity for research nec8 essary to carry out the Commission’s duties under section

9 1593.

10 SEC. 1595. COMMISSION PERSONNEL MATTERS.

11 (a) COMPENSATION OF MEMBERS.—Each member of

12 the Commission who is not an officer or employee of the

13 Federal Government shall be compensated at a rate equal

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under section

16 5315 of title 5, United States Code, for each day (including

17 travel time) during which such member is engaged in the

18 performance of the duties of the Commission. All members

19 of the Commission who are officers or employees of the

20 United States shall serve without compensation in addition

21 to that received for their services as officers or employees

22 of the United States.

23 (b) TRAVEL EXPENSES.—The members of the Commis24 sion shall be allowed travel expenses, including per diem

25 in lieu of subsistence, at rates authorized for employees of
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1 agencies under subchapter I of chapter 57 of title 5, United

2 States Code, while away from their homes or regular places

3 of business in the performance of service for the Commis4 sion.

5 (c) STAFF.—

6 (1) IN GENERAL.—The Chairman of the Com7 mission may, without regard to the civil service laws

8 and regulations, appoint and terminate an executive

9 director and such other additional personnel as may

10 be necessary to enable the Commission to perform its

11 duties. The employment and termination of an execu12 tive director shall be subject to confirmation by a ma13 jority of the members of the Commission.

14 (2) COMPENSATION.—The executive director shall

15 be compensated at a rate not to exceed the rate pay16 able for level V of the Executive Schedule under sec17 tion 5316 of title 5, United States Code. The Chair18 man may fix the compensation of other personnel

19 without regard to the provisions of chapter 51 and

20 subchapter III of chapter 53 of title 5, United States

21 Code, relating to classification of positions and Gen22 eral Schedule pay rates, except that the rate of pay

23 for such personnel may not exceed the rate payable for

24 level V of the Executive Schedule under section 5316

25 of such title.
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1 (3) DETAIL OF GOVERNMENT EMPLOYEES.—Any

2 Federal Government employee, with the approval of

3 the head of the appropriate Federal agency, may be

4 detailed to the Commission without reimbursement,

5 and such detail shall be without interruption or loss

6 of civil service status, benefits, or privilege.

7 (d) PROCUREMENT OF TEMPORARY AND INTERMIT8 TENT SERVICES.—The Chairman of the Commission may

9 procure temporary and intermittent services under section

10 3109(b) of title 5, United States Code, at rates for individ11 uals not to exceed the daily equivalent of the annual rate

12 of basic pay prescribed for level V of the Executive Schedule

13 under section 5316 of such title.

14 SEC. 1596. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated to the Com16 mission and any agency of the Federal Government assist17 ing the Commission in carrying out its duties under this

18 subtitle such sums as may be necessary to carry out the

19 purposes of this subtitle. Any sums appropriated shall re20 main available, without fiscal year limitation, until ex21 pended.

22 SEC. 1597. TERMINATION OF THE COMMISSION.

23 The Commission shall terminate 30 days after the

24 Commission submits the report under section 1593(c).
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1 Subtitle J—School Safety

2 SEC. 1598. SHORT TITLE.

3 This subtitle may be cited as the ‘‘School Safety Act

4 of 1999’’.

5 SEC. 1599. AMENDMENTS TO THE INDIVIDUALS WITH DIS6 ABILITIES EDUCATION ACT.

7 (a) PLACEMENT IN ALTERNATIVE EDUCATIONAL SET8 TING.—Section 615(k) of the Individuals with Disabilities

9 Education Act (20 U.S.C. 1415(k)) is amended—

10 (1) in paragraph (1)(A)(ii)(I), by inserting

11 ‘‘(other than a gun or firearm)’’ after ‘‘weapon’’;

12 (2) by redesignating paragraph (10) as para13 graph (11); and

14 (3) by inserting after paragraph (9) the fol15 lowing new section:

16 ‘‘(10) DISCIPLINE WITH REGARD TO GUNS OR

17 FIREARMS.—

18 ‘‘(A) AUTHORITY OF SCHOOL PERSONNEL

19 WITH RESPECT TO GUNS OR FIREARMS.—

20 ‘‘(i) Notwithstanding any other provi21 sion of this Act, school personnel may dis22 cipline (including expel or suspend) a child

23 with a disability who carries or possesses a

24 gun or firearm to or at a school, on school

25 premises, or to or at a school function,
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1 under the jurisdiction of a State or a local

2 educational agency, in the same manner in

3 which such personnel may discipline a child

4 without a disability.

5 ‘‘(ii) Nothing in clause (i) shall be con6 strued to prevent a child with a disability

7 who is disciplined pursuant to the authority

8 provided under clause (i) from asserting a

9 defense that the carrying or possession of

10 the gun or firearm was unintentional or in11 nocent.

12 ‘‘(B) FREE APPROPRIATE PUBLIC EDU13 CATION.—

14 ‘‘(i) CEASING TO PROVIDE EDU15 CATION.—Notwithstanding section

16 612(a)(1)(A), a child expelled or suspended

17 under subparagraph (A) shall not be enti18 tled to continued educational services, in19 cluding a free appropriate public education,

20 under this title, during the term of such ex21 pulsion or suspension, if the State in which

22 the local educational agency responsible for

23 providing educational services to such child

24 does not require a child without a disability
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1 to receive educational services after being

2 expelled or suspended.

3 ‘‘(ii) PROVIDING EDUCATION.—Not4 withstanding clause (i), the local edu5 cational agency responsible for providing

6 educational services to a child with a dis7 ability who is expelled or suspended under

8 subparagraph (A) may choose to continue to

9 provide educational services to such child. If

10 the local educational agency so chooses to

11 continue to provide the services—

12 ‘‘(I) nothing in this title shall re13 quire the local educational agency to

14 provide such child with a free appro15 priate public education, or any par16 ticular level of service; and

17 ‘‘(II) the location where the local

18 educational agency provides the serv19 ices shall be left to the discretion of the

20 local educational agency.

21 ‘‘(C) RELATIONSHIP TO OTHER REQUIRE22 MENTS.—

23 ‘‘(i) PLAN REQUIREMENTS.—No agency

24 shall be considered to be in violation of sec25 tion 612 or 613 because the agency has pro-
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1 vided discipline, services, or assistance in

2 accordance with this paragraph.

3 ‘‘(ii) PROCEDURE.—Actions taken pur4 suant to this paragraph shall not be subject

5 to the provisions of this section, other than

6 this paragraph.

7 ‘‘(D) FIREARM.—The term ‘firearm’ has the

8 meaning given the term under section 921 of

9 title 18, United States Code.’’.

10 (b) CONFORMING AMENDMENT.—Section 615(f)(1) of

11 the Individuals with Disabilities Education Act (20 U.S.C.

12 1415(f)(1)) is amended by striking ‘‘Whenever’’ and insert13 ing the following: ‘‘Except as provided in section

14 615(k)(10), whenever’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1501

AMENDMENT
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