106TH CONGRESS

1ST SESSION S. 254

AN ACT

To reduce violent juvenile crime, promote accountability by

and rehabilitation of juvenile criminals, punish and deter

violent gang crime, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Violent and Repeat Juvenile Offender Accountability and

6 Rehabilitation Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Severability.

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.
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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.

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—ASSAULT WEAPONS

Sec. 701. Short title.

Sec. 702. Ban on importing large capacity ammunition feeding devices.

Sec. 703. Definition of large capacity ammunition feeding device.

Sec. 704. Effective date.
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TITLE VIII—EFFECTIVE GUN LAW ENFORCEMENT

Subtitle A—Criminal Use of Firearms by Felons

Sec. 801. Short title.

Sec. 802. Findings.

Sec. 803. Criminal Use of Firearms by Felons Program.

Sec. 804. Annual reports.

Sec. 805. Authorization of appropriations.

Subtitle B—Apprehension and Treatment of Armed Violent Criminals

Sec. 811. Apprehension and procedural treatment of armed violent criminals.

Subtitle C—Youth Crime Gun Interdiction

Sec. 821. Youth crime gun interdiction initiative.

Subtitle D—Gun Prosecution Data

Sec. 831. Collection of gun prosecution data.

Subtitle E—Firearms Possession by Violent Juvenile Offenders

Sec. 841. Prohibition on firearms possession by violent juvenile offenders.

Subtitle F—Juvenile Access to Certain Firearms

Sec. 851. Penalties for firearm violations involving juveniles.

Subtitle G—General Firearm Provisions

Sec. 861. National instant criminal background check system improvements.

TITLE IX—ENHANCED PENALTIES

Sec. 901. Straw purchases.

Sec. 902. Stolen firearms.

Sec. 903. Increase in penalties for crimes involving firearms.

Sec. 904. Increased penalties for distributing drugs to minors.

Sec. 905. Increased penalty for drug trafficking in or near a school or other

protected location.

TITLE X—CHILD HANDGUN SAFETY

Sec. 1001. Short title.

Sec. 1002. Purposes.

Sec. 1003. Firearms safety.

Sec. 1004. Effective date.

TITLE XI—SCHOOL SAFETY AND VIOLENCE PREVENTION

Sec. 1101. School safety and violence prevention.

Sec. 1102. Study.

Sec. 1103. School uniforms.

Sec. 1104. Transfer of school disciplinary records.

Sec. 1105. School violence research.

Sec. 1106. National character achievement award.

Sec. 1107. National Commission on Character Development.

Sec. 1108. Juvenile access to treatment.
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Sec. 1109. Background checks.

Sec. 1110. Drug tests.

Sec. 1111. Sense of the Senate.

TITLE XII—TEACHER LIABILITY PROTECTION ACT

Sec. 1201. Short title.

Sec. 1202. Findings and purpose.

Sec. 1203. Preemption and election of State nonapplicability.

Sec. 1204. Limitation on liability for teachers.

Sec. 1205. Liability for noneconomic loss.

Sec. 1206. Definitions.

Sec. 1207. Effective date.

TITLE XIII—VIOLENCE PREVENTION TRAINING FOR EARLY

CHILDHOOD EDUCATORS

Sec. 1301. Short title.

Sec. 1302. Purpose.

Sec. 1303. Findings.

Sec. 1304. Definitions.

Sec. 1305. Program authorized.

Sec. 1306. Application.

Sec. 1307. Selection priorities.

Sec. 1308. Authorization of appropriations.

TITLE XIV—PREVENTING JUVENILE DELINQUENCY THROUGH

CHARACTER EDUCATION

Sec. 1401. Purpose.

Sec. 1402. Authorization of appropriations.

Sec. 1403. School-based programs.

Sec. 1404. After school programs.

Sec. 1405. General provisions.

TITLE XV—VIOLENT OFFENDER DNA IDENTIFICATION ACT OF

1999

Sec. 1501. Short title.

Sec. 1502. Elimination of convicted offender DNA backlog.

Sec. 1503. DNA identification of Federal, District of Columbia, and military

violent offenders.

TITLE XVI—MISCELLANEOUS PROVISIONS

Subtitle A—General Provisions

Sec. 1601. Prohibition on firearms possession by violent juvenile offenders.

Sec. 1602. Safe students.

Sec. 1603. Study of marketing practices of the firearms industry.

Sec. 1604. Provision of Internet filtering or screening software by certain Internet service providers.

Sec. 1605. Application of section 923 (j) and (m).

Sec. 1606. Constitutionality of memorial services and memorials at public

schools.

Sec. 1607. Twenty-first Amendment enforcement.

Sec. 1608. Interstate shipment and delivery of intoxicating liquors.
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Sec. 1609. Disclaimer on materials produced, procured or distributed from

funding authorized by this Act.

Sec. 1610. Aimee’s Law.

Sec. 1611. Drug tests and locker inspections.

Sec. 1612. Waiver for local match requirement under community policing program.

Sec. 1613. Carjacking offenses.

Sec. 1614. Special forfeiture of collateral profits of crime.

Sec. 1615. Caller identification services to elementary and secondary schools as

part of universal service obligation.

Sec. 1616. Parent leadership model.

Sec. 1617. National media campaign against violence.

Sec. 1618. Victims of terrorism.

Sec. 1619. Truth-in-sentencing incentive grants.

Sec. 1620. Application of provision relating to a sentence of death for an act

of animal enterprise terrorism.

Sec. 1621. Prohibitions relating to explosive materials.

Sec. 1622. District judges for districts in the States of Arizona, Florida, and

Nevada.

Sec. 1623. Behavioral and social science research on youth violence.

Sec. 1624. Sense of the Senate regarding mentoring programs.

Sec. 1625. Families and Schools Together program.

Sec. 1626. Amendments relating to violent crime in Indian country and areas

of exclusive Federal jurisdiction.

Sec. 1627. Federal Judiciary Protection Act of 1999.

Sec. 1628. Local enforcement of local alcohol prohibitions that reduce juvenile

crime in remote Alaska villages.

Sec. 1629. Rule of Construction.

Sec. 1630. Bounty hunter accountability and quality assistance.

Sec. 1631. Assistance for unincorporated neighborhood watch programs.

Sec. 1632. Findings and sense of Congress.

Sec. 1633. Prohibition on promoting violence on Federal property.

Sec. 1634. Provisions relating to pawn shops and special licensees.

Sec. 1635. Extension of Brady background checks to gun shows.

Sec. 1636. Appropriate interventions and services; clarification of Federal law.

Sec. 1637. Safe schools.

Sec. 1638. School counseling.

Sec. 1639. 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. 1641. Short title.

Sec. 1642. Findings.

Sec. 1643. Definitions.

Sec. 1644. Amendment of sentencing guidelines with respect to body armor.

Sec. 1645. Prohibition of purchase, use, or possession of body armor by violent

felons.

Sec. 1646. Donation of Federal surplus body armor to State and local law enforcement agencies.

Sec. 1647. Additional findings; purpose.

Sec. 1648. Matching grant programs for law enforcement bullet resistant equipment and for video cameras.

Sec. 1649. Sense of Congress.
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Sec. 1650. Technology development.

Sec. 1651. Matching grant program for law enforcement armor vests.

Subtitle C—Animal Enterprise Terrorism and Ecoterrorism

Sec. 1652. Enhancement of penalties for animal enterprise terrorism.

Sec. 1653. National animal terrorism and ecoterrorism incident clearinghouse.

Subtitle D—Jail-Based Substance Abuse

Sec. 1654. Jail-based substance abuse treatment programs.

Subtitle E—Safe School Security

Sec. 1655. Short title.

Sec. 1656. Establishment of School Security Technology Center.

Sec. 1657. Grants for local school security programs.

Sec. 1658. Safe and secure school advisory report.

Subtitle F—Internet Prohibitions

Sec. 1661. Short title.

Sec. 1662. Findings; purpose.

Sec. 1663. Prohibitions on uses of the Internet.

Sec. 1664. Effective date.

Subtitle G—Partnerships for High-Risk Youth

Sec. 1671. Short title.

Sec. 1672. Findings.

Sec. 1673. Purposes.

Sec. 1674. Establishment of demonstration project.

Sec. 1675. Eligibility.

Sec. 1676. Uses of funds.

Sec. 1677. Authorization of appropriations.

Subtitle H—National Youth Crime Prevention

Sec. 1681. Short title.

Sec. 1682. Purposes.

Sec. 1683. Establishment of National Youth Crime Prevention Demonstration

Project.

Sec. 1684. Eligibility.

Sec. 1685. Uses of funds.

Sec. 1686. Reports.

Sec. 1687. Definitions.

Sec. 1688. Authorization of appropriations.

Subtitle I—National Youth Violence Commission

Sec. 1691. Short title.

Sec. 1692. National Youth Violence Commission.

Sec. 1693. Duties of the Commission.

Sec. 1694. Powers of the Commission.

Sec. 1695. Commission personnel matters.

Sec. 1696. Authorization of appropriations.

Sec. 1697. Termination of the Commission.

Subtitle J—School Safety
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Sec. 1698. Short title.

Sec. 1699. 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 of5 fenders;

6 (2) violent crimes committed by juveniles, such

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

8 phenomenon then, but the rate at which juveniles

9 commit such crimes has escalated astronomically

10 since that time;

11 (3) in 1994—

12 (A) the number of persons arrested overall

13 for murder in the United States decreased by

14 5.8 percent, but the number of persons who are

15 less than 15 years of age arrested for murder

16 increased by 4 percent; and

17 (B) the number of persons arrested for all

18 violent crimes increased by 1.3 percent, but the

19 number of persons who are less than 15 years

20 of age arrested for violent crimes increased by

21 9.2 percent, and the number of persons less

22 than 18 years of age arrested for such crimes

23 increased by 6.5 percent;
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1 (4) from 1985 to 1996, the number of persons

2 arrested for all violent crimes increased by 52.3 per3 cent, but the number of persons under age 18 ar4 rested for violent crimes rose by 75 percent;

5 (5) the number of juvenile offenders is expected

6 to undergo a massive increase during the first 2 dec7 ades of the twenty-first century, culminating in an

8 unprecedented number of violent offenders who are

9 less than 18 years of age;

10 (6) the rehabilitative model of sentencing for ju11 veniles, which Congress rejected for adult offenders

12 when Congress enacted the Sentencing Reform Act

13 of 1984, is inadequate and inappropriate for dealing

14 with many violent and repeat juvenile offenders;

15 (7) the Federal Government should encourage

16 the States to experiment with progressive solutions

17 to the escalating problem of juveniles who commit

18 violent crimes and who are repeat offenders, includ19 ing prosecuting such offenders as adults, but should

20 not impose specific strategies or programs on the

21 States;

22 (8) an effective strategy for reducing violent ju23 venile crime requires greater collection of investiga24 tive data and other information, such as fingerprints
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1 and DNA evidence, as well as greater sharing of

2 such information—

3 (A) among Federal, State, and local agen4 cies, including the courts; and

5 (B) among the law enforcement, edu6 cational, and social service systems;

7 (9) data regarding violent juvenile offenders

8 should be made available to the adult criminal jus9 tice system if recidivism by criminals is to be ad10 dressed adequately;

11 (10) holding juvenile proceedings in secret de12 nies victims of crime the opportunity to attend and

13 be heard at such proceedings, helps juvenile offend14 ers to avoid accountability for their actions, and

15 shields juvenile proceedings from public scrutiny and

16 accountability;

17 (11) the injuries and losses suffered by the vic18 tims of violent crime are no less painful or dev19 astating because the offender is a juvenile; and

20 (12) the prevention, investigation, prosecution,

21 adjudication, and punishment of criminal offenses

22 committed by juveniles, and the rehabilitation and

23 correction of juvenile offenders are, and should re24 main, primarily the responsibility of the States, to
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1 be carried out without interference from the Federal

2 Government.

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

4 (1) to reform Federal juvenile justice programs

5 and policies in order to promote the emergence of ju6 venile justice systems in which the paramount con7 cerns are providing for the safety of the public and

8 holding juvenile wrongdoers accountable for their ac9 tions, while providing the wrongdoer a genuine op10 portunity for self-reform;

11 (2) to revise the procedures in Federal court

12 that are applicable to the prosecution of juvenile of13 fenders; and

14 (3) to encourage and promote, consistent with

15 the ideals of federalism, adoption of policies by the

16 States to ensure that the victims of violent crimes

17 committed by juveniles receive the same level of jus18 tice as do victims of violent crimes that are com19 mitted by adults.

20 SEC. 3. SEVERABILITY.

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

22 this Act, or the application of such provision or amend23 ment to any person or circumstance is held to be unconsti24 tutional, the remainder of this Act, the amendments made

25 by this Act, and the application of the provisions of such
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1 to any person or circumstance shall not be affected there2 by.

3 TITLE I—JUVENILE JUSTICE

4 REFORM

5 SEC. 101. SURRENDER TO STATE AUTHORITIES.

6 Section 5001 of title 18, United States Code, is

7 amended by striking the first undesignated paragraph and

8 inserting the following:

9 ‘‘Whenever any person who is less than 18 years of

10 age is been arrested and charged with the commission of

11 an offense (or an act of delinquency that would be an of12 fense were it committed by an adult) punishable in any

13 court of the United States or of the District of Columbia,

14 the United States Attorney for the district in which such

15 person has been arrested may forego prosecution pursuant

16 to section 5032(a)(2) if, after investigation by the United

17 States Attorney, it appears that—

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

19 also an offense or an act of delinquency under the

20 law of any State or the District of Columbia;

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

22 applicable, can and will assume jurisdiction over

23 such juvenile and will take such juvenile into custody

24 and deal with the juvenile in accordance with the law
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1 of such State or the District of Columbia, as appli2 cable; and

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

4 States and of the juvenile offender.’’.

5 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

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

7 States Code, is amended to read as follows:

8 ‘‘§ 5032. Delinquency proceedings in district courts;

9 juveniles tried as adults; transfer for

10 other criminal prosecution

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) DELINQUENCY PROCEEDINGS IN DISTRICT

13 COURTS.—A juvenile who is alleged to have com14 mitted a Federal offense shall, except as provided in

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

16 court of the United States—

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

18 subsection (c), and except as provided in sub19 section (i), if the juvenile was not less than 14

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

21 adult at the discretion of the United States At22 torney in the appropriate jurisdiction, upon cer23 tification by that United States Attorney (which

24 certification shall not be subject to review in or
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1 by any court, except as provided in subsection

2 (d)(2)) that—

3 ‘‘(i) there is a substantial Federal in4 terest in the case or the offense to warrant

5 the exercise of Federal jurisdiction; or

6 ‘‘(ii) the ends of justice otherwise so

7 require;

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

9 not described in subsection (c), and except as

10 provided in subsection (i), if the juvenile was

11 not less than 14 years of age at the time of the

12 offense, as an adult, upon certification by the

13 Attorney General (which certification shall not

14 be subject to review in or by any court, except

15 as provided in subsection (d)(2)) that—

16 ‘‘(i) there is a substantial Federal in17 terest in the case or the offense to warrant

18 the exercise of Federal jurisdiction; or

19 ‘‘(ii) the ends of justice otherwise so

20 require;

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

22 a prior occasion, been tried and convicted as an

23 adult under this section, as an adult; and

24 ‘‘(D) in all other cases, as a juvenile.
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1 ‘‘(2) REFERRAL BY UNITED STATES ATTORNEY;

2 APPLICATION TO CONCURRENT JURISDICTION.—

3 ‘‘(A) IN GENERAL.—If the United States

4 Attorney in the appropriate jurisdiction (or in

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

6 the Attorney General), declines prosecution of

7 an offense under this section, the matter may

8 be referred to the appropriate legal authorities

9 of the State or Indian tribe with jurisdiction

10 over both the offense and the juvenile.

11 ‘‘(B) APPLICATION TO CONCURRENT JU12 RISDICTION.—The United States Attorney in

13 the appropriate jurisdiction (or, in the case of

14 an offense under paragraph (1)(B), the Attor15 ney General), in cases in which both the Fed16 eral Government and a State or Indian tribe

17 have penal provisions that criminalize the con18 duct at issue and both have jurisdiction over

19 the juvenile, shall exercise a presumption in

20 favor of referral pursuant to subparagraph (A),

21 unless the United States Attorney pursuant to

22 paragraph (1)(A) (or the Attorney General pur23 suant to paragraph (1)(B)) certifies (which cer24 tification shall not be subject to review in or by

25 any court) that—
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1 ‘‘(i) the prosecuting authority or the

2 juvenile court or other appropriate court of

3 the State or Indian tribe refuses, declines,

4 or will refuse or will decline to assume ju5 risdiction over the conduct or the juvenile;

6 and

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

9 the exercise of Federal jurisdiction.

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

11 term ‘Indian tribe’ has the meaning given the

12 term in section 4(e) of the Indian Self-Deter13 mination and Education Assistance Act (25

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

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

16 prosecution under this section, a juvenile may be pros17 ecuted and convicted as an adult for any offense that is

18 properly joined under the Federal Rules of Criminal Pro19 cedure with an offense described in subsection (c), and

20 may also be convicted of a lesser included offense.

21 ‘‘(c) OFFENSES DESCRIBED.—An offense is de22 scribed in this subsection if it is a Federal offense that—

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

24 offense (as those terms are defined in section
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1 3559(c), except that section 3559(c)(3) does not

2 apply to this subsection); or

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

4 an offense described in paragraph (1).

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

6 CASES; LIMITATIONS ON JUDICIAL REVIEW.—

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, a determination to approve

9 or not to approve, or to institute or not to institute,

10 a prosecution under subsection (a)(1) shall not be

11 reviewable in any court.

12 ‘‘(2) DETERMINATION BY COURT ON TRIAL AS

13 ADULT OF CERTAIN JUVENILE.—In any prosecution

14 of a juvenile under subsection (a)(1)(A) if the juve15 nile was less than 16 years of age at the time of the

16 offense, or under subsection (a)(1)(B), upon motion

17 of the defendant and after a hearing, the court in

18 which criminal charges have been filed shall deter19 mine whether to issue an order to provide for the

20 transfer of the defendant to juvenile status for the

21 purposes of proceeding against the defendant or for

22 referral under subsection (a).

23 ‘‘(3) TIME REQUIREMENTS.—A motion by a de24 fendant under paragraph (2) shall not be considered
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1 unless that motion is filed not later than 30 days

2 after the date on which the defendant—

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

4 indictment; or

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

6 and elects to proceed pro se.

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

8 the transfer of a defendant to juvenile status under

9 paragraph (2) unless the defendant establishes by a

10 preponderance of the evidence or information that

11 removal to juvenile status would be in the interest

12 of justice. In making a determination under para13 graph (2), the court may consider—

14 ‘‘(A) the nature of the alleged offense, in15 cluding the extent to which the juvenile played

16 a leadership role in an organization, or other17 wise influenced other persons to take part in

18 criminal activities;

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

20 an adult is necessary to protect property or

21 public safety;

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

23 juvenile;

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

25 criminal or delinquency record of the juvenile;
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1 ‘‘(E) the intellectual development and psy2 chological maturity of the juvenile;

3 ‘‘(F) the nature of any treatment efforts

4 and the response of the juvenile to those efforts;

5 and

6 ‘‘(G) the availability of programs designed

7 to treat any identified behavioral problems of

8 the juvenile.

9 ‘‘(5) STATUS OF ORDERS.—

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

11 made in ruling on a motion by a defendant to

12 transfer a defendant to juvenile status under

13 this subsection shall not be a final order for the

14 purpose of enabling an appeal, except that an

15 appeal by the United States shall lie to a court

16 of appeals pursuant to section 3731 from an

17 order of a district court removing a defendant

18 to juvenile status.

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

20 of appeal of an order under this paragraph, a

21 court of appeals shall hear and determine the

22 appeal on an expedited basis.

23 ‘‘(6) INADMISSIBILITY OF EVIDENCE.—

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

25 subparagraph (B), no statement made by a de-
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1 fendant during or in connection with a hearing

2 under this subsection shall be admissible

3 against the defendant in any criminal prosecu4 tion.

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

6 subparagraph (A) shall apply, except—

7 ‘‘(i) for impeachment purposes; or

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

9 giving a false statement.

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

11 and admissibility of evidence under this subsection

12 shall be the same as prescribed in section 3142(f).

13 ‘‘(e) APPLICABLE PROCEDURES.—Any prosecution in

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

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

16 under subsection (a), shall proceed in the same man17 ner as is required by this title and by the Federal

18 Rules of Criminal Procedure in any proceeding

19 against an adult; and

20 ‘‘(2) in all other cases, shall proceed in accord21 ance with this chapter, unless the juvenile has re22 quested in writing, upon advice of counsel, to be pro23 ceeded against as an adult.

24 ‘‘(f) APPLICATION OF LAWS.—
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1 ‘‘(1) APPLICABILITY OF SENTENCING PROVI2 SIONS.—

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

4 provided in this chapter, and subject to sub5 paragraph (C) of this paragraph, in any case in

6 which a juvenile is prosecuted in a district court

7 of the United States as an adult, the juvenile

8 shall be subject to the same laws, rules, and

9 proceedings regarding sentencing (including the

10 availability of probation, restitution, fines, for11 feiture, imprisonment, and supervised release)

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

13 except that no person shall be subject to the

14 death penalty for an offense committed before

15 the person attains the age of 18 years.

16 ‘‘(B) STATUS AS ADULT.—No juvenile sen17 tenced to a term of imprisonment shall be re18 leased from custody on the basis that the juve19 nile has attained the age of 18 years.

20 ‘‘(C) APPLICABLE GUIDELINES.—Each ju21 venile tried as an adult shall be sentenced in ac22 cordance with the Federal sentencing guidelines

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

24 United States Code, once such guidelines are

25 promulgated and take effect.
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1 ‘‘(2) APPLICABILITY OF MANDATORY RESTITU2 TION PROVISIONS TO CERTAIN JUVENILES.—If a ju3 venile is tried as an adult for any offense to which

4 the mandatory restitution provisions of sections

5 3663A, 2248, 2259, 2264, and 2323 apply, those

6 sections shall apply to that juvenile in the same

7 manner and to the same extent as those provisions

8 apply to adults.

9 ‘‘(g) OPEN PROCEEDINGS.—

10 ‘‘(1) IN GENERAL.—Any offense tried or adju11 dicated in a district court of the United States

12 under this section shall be open to the general pub13 lic, in accordance with rules 10, 26, 31(a), and 53

14 of the Federal Rules of Criminal Procedure, unless

15 good cause is established by the moving party or is

16 otherwise found by the court, for closure.

17 ‘‘(2) STATUS ALONE INSUFFICIENT.—The sta18 tus of the defendant as a juvenile, absent other fac19 tors, shall not constitute good cause for purposes of

20 this subsection.

21 ‘‘(h) AVAILABILITY OF RECORDS.—

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

23 concerning the arrest or prosecution of a juvenile in

24 a district court of the United States under this sec25 tion, the United States Attorney of the appropriate
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1 jurisdiction, or, as appropriate, the Attorney Gen2 eral, shall have complete access to the prior Federal

3 juvenile records of the subject juvenile and, to the

4 extent permitted by State law, the prior State juve5 nile records of the subject juvenile.

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

7 any case in which a juvenile is found guilty or adju8 dicated delinquent in an action under this section,

9 the district court responsible for imposing sentence

10 shall have complete access to the prior Federal juve11 nile records of the subject juvenile and, to the extent

12 permitted under State law, the prior State juvenile

13 records of the subject juvenile. At sentencing, the

14 district court shall consider the entire available prior

15 juvenile record of the subject juvenile.

16 ‘‘(i) APPLICATION TO INDIAN COUNTRY.—Notwith17 standing sections 1152 and 1153, certification under sub18 paragraph (A) or (B) of subsection (a)(1) shall not be

19 made nor granted with respect to a juvenile who is subject

20 to the criminal jurisdiction of an Indian tribal government

21 if the juvenile is less than 15 years of age at the time

22 of offense and is alleged to have committed an offense for

23 which there would be Federal jurisdiction based solely on

24 commission of the offense in Indian country (as defined

25 in section 1151), unless the governing body of the tribe
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1 having jurisdiction over the place where the alleged offense

2 was committed has, before the occurrence of the alleged

3 offense, notified the Attorney General in writing of its

4 election that prosecution as an adult may take place under

5 this section.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) CHAPTER ANALYSIS.—The analysis for

8 chapter 403 of title 18, United States Code, is

9 amended by striking the item relating to section

10 5032 and inserting the following:

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults;

transfer for other criminal prosecution.’’.

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

12 18, United States Code, is amended by adding at

13 the end the following:

14 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

15 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

16 YOUNGER THAN 16.—Notwithstanding any other provi17 sion of law, in the case of a defendant convicted for con18 duct that occurred before the juvenile attained the age of

19 16 years, the court shall impose a sentence without regard

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

21 sentencing, after affording the Government an opportunity

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

23 previously adjudicated delinquent for, or convicted of, a
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1 serious violent felony or a serious drug offense (as those

2 terms are defined in section 3559(c)).

3 ‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY

4 IN FEDERAL SENTENCING.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) SENTENCING GUIDELINES.—Pursu7 ant to its authority under section 994 of title

8 28, the United States Sentencing Commission

9 (referred to in this subsection as the ‘Commis10 sion’) shall amend the Federal sentencing

11 guidelines to provide that, in determining the

12 criminal history score under the Federal sen13 tencing guidelines for any adult offender or any

14 juvenile offender being sentenced as an adult,

15 prior juvenile convictions and adjudications for

16 offenses described in paragraph (2) shall receive

17 a score similar to that which the defendant

18 would have received if those offenses had been

19 committed by the defendant as an adult, if any

20 portion of the sentence for the offense was im21 posed or served within 15 years after the com22 mencement of the instant offense.

23 ‘‘(B) REVIEWS.—The Commission shall re24 view the criminal history treatment of juvenile

25 adjudications or convictions for offenses other
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1 than those described in paragraph (2) to deter2 mine whether the treatment should be adjusted

3 as described in subparagraph (A), and make

4 any amendments to the Federal sentencing

5 guidelines as necessary to make whatever ad6 justments the Commission concludes are nec7 essary to implement the results of the review.

8 ‘‘(2) OFFENSES DESCRIBED.—The offenses de9 scribed in this paragraph include any—

10 ‘‘(A) crime of violence;

11 ‘‘(B) controlled substance offense;

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

13 received a sentence or disposition of imprison14 ment of 1 year or more; and

15 ‘‘(D) other offense punishable by a term of

16 imprisonment of more than 1 year for which

17 the defendant was prosecuted as an adult.

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

19 guidelines described in paragraph (1) shall define

20 the terms ‘crime of violence’ and ‘controlled sub21 stance offense’ in substantially the same manner as

22 those terms are defined in Guideline Section 4B1.2

23 of the November 1, 1995, Guidelines Manual.

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

25 out this subsection, the Commission—
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1 ‘‘(A) shall assign criminal history points

2 for juvenile adjudications based principally on

3 the nature of the acts committed by the juve4 nile; an

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

6 the score in light of the length of sentence the

7 juvenile received.

8 ‘‘(5) EMERGENCY AUTHORITY.—The Commis9 sion shall promulgate the Federal sentencing guide10 lines and amendments under this subsection as soon

11 as practicable, and in any event not later than 90

12 days after the date of enactment of the Violent and

13 Repeat Juvenile Offender Accountability and Reha14 bilitation Act of 1999, in accordance with the proce15 dures set forth in section 21(a) of the Sentencing

16 Act of 1987, as though the authority under that au17 thority had not expired, except that the Commission

18 shall submit to Congress the emergency guidelines

19 or amendments promulgated under this section, and

20 shall set an effective date for those guidelines or

21 amendments not earlier than 30 days after their

22 submission to Congress.

23 ‘‘(6) CAREER OFFENDER DETERMINATION.—

24 Pursuant to its authority under section 994 of title

25 28, the Commission shall amend the Federal sen-
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1 tencing guidelines to provide for inclusion, in any de2 termination regarding whether a juvenile or adult

3 defendant is a career offender under section 994(h)

4 of title 28, and any computation of the sentence that

5 any defendant found to be a career offender should

6 receive, of any act for which the defendant was pre7 viously convicted or adjudicated delinquent as a ju8 venile that would be a felony covered by that section

9 if it had been committed by the defendant as an

10 adult.’’.

11 SEC. 103. DEFINITIONS.

12 Section 5031 of title 18, United States Code, is

13 amended to read as follows:

14 ‘‘§ 5031. Definitions

15 ‘‘In this chapter:

16 ‘‘(1) ADULT INMATE.—The term ‘adult inmate’

17 means an individual who has attained the age of 18

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

19 or convicted of criminal charges committed while an

20 adult or an act of juvenile delinquency committed

21 while a juvenile.

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

23 ‘‘(A) a person who has not attained the

24 age of 18 years; or
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1 ‘‘(B) for the purpose of proceedings and

2 disposition under this chapter for an alleged act

3 of juvenile delinquency, a person who has not

4 attained the age of 21 years.

5 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘ju6 venile delinquency’ means the violation of a law of

7 the United States committed by a person before the

8 eighteenth birthday of that person, if the violation—

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

10 by an adult; or

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

12 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—

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

14 physical contact’ means—

15 ‘‘(i) any physical contact between a

16 juvenile and an adult inmate; and

17 ‘‘(ii) proximity that provides an op18 portunity for physical contact between a

19 juvenile and an adult inmate.

20 ‘‘(B) EXCLUSION.—The term does not in21 clude supervised proximity between a juvenile

22 and an adult inmate that is brief and inad23 vertent, or accidental, in secure areas of a facil24 ity that are not dedicated to use by juvenile of25 fenders and that are nonresidential, which may
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1 include dining, recreational, educational, voca2 tional, health care, entry areas, and passage3 ways.

4 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—

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

6 oral communication’ means the imparting or

7 interchange of speech by or between a juvenile

8 and an adult inmate.

9 ‘‘(B) EXCEPTION.—The term does not

10 include—

11 ‘‘(i) communication that is accidental

12 or incidental; or

13 ‘‘(ii) sounds or noises that cannot rea14 sonably be considered to be speech.

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

16 of the United States, the District of Columbia, any

17 commonwealth, territory, or possession of the United

18 States and, with regard to an act of juvenile delin19 quency that would have been a misdemeanor if com20 mitted by an adult, an Indian tribe (as defined in

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

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

23 ‘‘(7) VIOLENT JUVENILE.—The term ‘violent

24 juvenile’ means any juvenile who is alleged to have

25 committed, has been adjudicated delinquent for, or
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1 has been convicted of an offense that, if committed

2 by an adult, would be a crime of violence (as defined

3 in section 16).’’.

4 SEC. 104. NOTIFICATION AFTER ARREST.

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

6 amended—

7 (1) in the first sentence, by striking ‘‘imme8 diately notify the Attorney General and’’ and insert9 ing the following: ‘‘immediately, or as soon as prac10 ticable thereafter, notify the United States Attorney

11 of the appropriate jurisdiction and shall promptly

12 take reasonable steps to notify’’; and

13 (2) in the second sentence of the second undes14 ignated paragraph, by inserting before the period at

15 the end the following: ‘‘, and the juvenile shall not

16 be subject to detention under conditions that permit

17 prohibited physical contact with adult inmates or in

18 which the juvenile and an adult inmate can engage

19 in sustained oral communication’’.

20 SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSI21 TION.

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

23 18, United States Code, is amended—

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

25 and inserting the following:
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1 ‘‘(a) IN GENERAL.—

2 ‘‘(1) REPRESENTATION BY COUNSEL.—The

3 magistrate shall ensure’’;

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

5 and inserting the following:

6 ‘‘(2) GUARDIAN AD LITEM.—The magistrate

7 may appoint’’;

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

9 the following:

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

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

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

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

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

15 shall be released pending trial only in accordance with the

16 applicable provisions of chapter 207. The release shall be

17 conducted in the same manner and shall be subject to the

18 same terms, conditions, and sanctions for violation of a

19 release condition as provided for an adult under chapter

20 207.

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

22 ON RELEASE.—

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

24 committed, while on release under this section, an

25 offense that, if committed by an adult, would be a
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1 Federal criminal offense, shall be subject to prosecu2 tion under section 5032.

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

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

5 tried as an adult pursuant to section 5032 for an of6 fense committed while on release under this sec7 tion.’’.

8 (b) DETENTION PRIOR TO DISPOSITION.—Section

9 5035 of title 18, United States Code, is amended—

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

11 following:

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

13 (b), a juvenile’’;

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

15 (A) in the third sentence, by striking ‘‘reg16 ular contact’’ and inserting ‘‘prohibited physical

17 contact or sustained oral communication’’; and

18 (B) after the fourth sentence, by inserting

19 the following: ‘‘To the extent practicable, vio20 lent juveniles shall be kept separate from non21 violent juveniles.’’; and

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

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

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

25 tried as an adult pursuant to section 5032 shall be
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1 subject to detention in accordance with chapter 207

2 in the same manner, to the same extent, and subject

3 to the same terms and conditions as an adult would

4 be subject to under that chapter.

5 ‘‘(2) EXCEPTION.—A juvenile shall not be de6 tained or confined in any institution in which the ju7 venile has prohibited physical contact or sustained

8 oral communication with adult inmates. To the ex9 tent practicable, violent juveniles shall be kept sepa10 rate from nonviolent juveniles.’’.

11 SEC. 106. SPEEDY TRIAL.

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

13 amended—

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

15 as a juvenile pursuant to section 5032 and’’ after

16 ‘‘If an alleged delinquent’’;

17 (2) by striking ‘‘thirty’’ and inserting ‘‘70’’; and

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

19 through the end of the section and inserting the fol20 lowing: ‘‘the court. The periods of exclusion under

21 section 3161(h) shall apply to this section. In deter22 mining whether an information should be dismissed

23 with or without prejudice, the court shall consider

24 the seriousness of the alleged act of juvenile delin25 quency, the facts and circumstances of the case that
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1 led to the dismissal, and the impact of a reprosecu2 tion on the administration of justice.’’.

3 SEC. 107. DISPOSITIONAL HEARINGS.

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

5 amended—

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

7 following:

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) DISPOSITIONAL HEARING.—

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

11 section 5032(a)(1)(D), if the court finds a juve12 nile to be a juvenile delinquent, the court shall

13 hold a hearing concerning the appropriate dis14 position of the juvenile not later than 40 court

15 days after the finding of juvenile delinquency,

16 unless the court has ordered further study pur17 suant to subsection (e).

18 ‘‘(B) PREDISPOSITION REPORT.—A pre19 disposition report shall be prepared by the pro20 bation officer, who shall promptly provide a

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

22 the attorney for the Government. Victim impact

23 information shall be included in the predisposi24 tion report, and victims or, in appropriate

25 cases, their official representatives, shall be pro-
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1 vided the opportunity to make a statement to

2 the court in person or to present any informa3 tion in relation to the disposition.

4 ‘‘(2) ACTIONS OF COURT AFTER HEARING.—

5 After a dispositional hearing under paragraph (1),

6 after considering any pertinent policy statements

7 promulgated by the United States Sentencing Com8 mission pursuant to section 994 of title 28, and in

9 conformance with any guidelines promulgated by the

10 United States Sentencing Commission pursuant to

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

12 ‘‘(A) place the juvenile on probation or

13 commit the juvenile to official detention (includ14 ing the possibility of a term of supervised re15 lease), and impose any fine that would be au16 thorized if the juvenile had been tried and con17 victed as an adult; and

18 ‘‘(B) enter an order of restitution pursuant

19 to section 3663.’’;

20 (2) in subsection (b)—

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

22 by inserting ‘‘or supervised release’’ after ‘‘pro23 bation’’;

24 (B) by striking ‘‘extend—’’ and all that

25 follows through ‘‘The provisions’’ and inserting
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1 the following: ‘‘extend, in the case of a juvenile,

2 beyond the maximum term of probation that

3 would be authorized by section 3561, or beyond

4 the maximum term of supervised release au5 thorized by section 3583, if the juvenile had

6 been tried and convicted as an adult. The provi7 sions dealing with supervised release set forth

8 in section 3583 and the provisions’’; and

9 (C) in the last sentence, by inserting ‘‘or

10 supervised release’’ after ‘‘on probation’’; and

11 (3) in subsection (c), by striking ‘‘may not ex12 tend—’’ and all that follows through ‘‘Section 3624’’

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

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

15 termination date of the maximum term of imprison16 ment, exclusive of any term of supervised release,

17 that would be authorized if the juvenile had been

18 tried and convicted as an adult. No juvenile sen19 tenced to a term of imprisonment shall be released

20 from custody simply because the juvenile attains the

21 age of 18 years. Section 3624’’.

22 SEC. 108. USE OF JUVENILE RECORDS.

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

24 amended to read as follows:
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1 ‘‘§ 5038. Use of juvenile records

2 ‘‘(a) IN GENERAL.—Throughout a juvenile delin3 quency proceeding under section 5032 or 5037, the

4 records of such proceeding shall be safeguarded from dis5 closure to unauthorized persons, and shall only be released

6 to the extent necessary for purposes of—

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

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

9 ‘‘(3) responding to an inquiry received from an10 other court of law;

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

12 preparing a presentence report for another court;

13 ‘‘(5) responding to an inquiry from a law en14 forcement agency, if the request for information is

15 related to the investigation of a crime or a position

16 within that agency or analysis requested by the At17 torney General;

18 ‘‘(6) responding to a written inquiry from the

19 director of a treatment agency or the director of a

20 facility to which the juvenile has been committed by

21 the court;

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

23 considering the person for a position immediately

24 and directly affecting national security;

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

26 of such juvenile delinquency or, if the victim is de-
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1 ceased, from a member of the immediate family of

2 the victim, related to the final disposition of such ju3 venile by the court in accordance with section 5032

4 or 5037, as applicable; and

5 ‘‘(9) communicating with a victim of such juve6 nile delinquency or, in appropriate cases, with the

7 official representative of a victim, in order to—

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

9 the status or disposition of the proceeding;

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

11 or

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

13 of the victim or the representative of the victim.

14 ‘‘(b) RECORDS OF ADJUDICATION.—

15 ‘‘(1) TRANSMISSION TO FBI.—Upon an adju16 dication of delinquency under section 5032 or 5037,

17 the court shall transmit to the Director of the Fed18 eral Bureau of Investigation a record of such adju19 dication.

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

21 the Federal Bureau of Investigation shall maintain,

22 in the central repository of the Federal Bureau of

23 Investigation, in accordance with the established

24 practices and policies relating to adult criminal his-
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1 tory records of the Federal Bureau of

2 Investigation—

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

4 Federal adjudication of delinquency of any juve5 nile who commits an act that, if committed by

6 an adult, would constitute the offense of mur7 der, armed robbery, rape (except statutory

8 rape), or a felony offense involving sexual mo9 lestation of a child, or a conspiracy or attempt

10 to commit any such offense, that is equivalent

11 to, and maintained and disseminated in the

12 same manner and for the same purposes, as are

13 adult criminal history records for the same of14 fenses; and

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

16 Federal adjudication of delinquency of any juve17 nile who commits an act that, if committed by

18 an adult, would be any felony offense (other

19 than an offense described in subparagraph (A))

20 that is equivalent to, and maintained and dis21 seminated in the same manner, as are adult

22 criminal history records for the same offenses—

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

24 justice system for the detection, apprehen25 sion, detention, pretrial release, post-trial
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1 release, prosecution, adjudication, sen2 tencing, disposition, correctional super3 vision, or rehabilitation of an accused per4 son, criminal offender, or juvenile delin5 quent; and

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

7 inquiry from an agency considering the

8 subject of the record for a position or

9 clearance immediately and directly affect10 ing national security.

11 ‘‘(3) AVAILABILITY OF RECORDS TO SCHOOLS

12 IN CERTAIN CIRCUMSTANCES.—Notwithstanding

13 paragraph (2), the Director of the Federal Bureau

14 of Investigation shall make an adjudication record of

15 a juvenile maintained pursuant to subparagraph (A)

16 or (B) of that paragraph, or conviction record de17 scribed in subsection (d), available to an official of

18 an elementary, secondary, or post-secondary school,

19 in appropriate circumstances (as defined by and

20 under rules issued by the Attorney General), if—

21 ‘‘(A) the subject of the record is a student

22 enrolled at the school, or a juvenile who seeks,

23 intends, or is instructed to enroll at that school;

24 ‘‘(B) the school official is subject to the

25 same standards and penalties under applicable
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1 Federal and State law relating to the handling

2 and disclosure of information contained in juve3 nile adjudication records as are employees of

4 law enforcement and juvenile justice agencies in

5 the State; and

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

7 not used for the sole purpose of denying admis8 sion.

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

10 the United States that exercises jurisdiction over a juve11 nile shall notify the juvenile, and a parent or guardian

12 of the juvenile, in writing, and in clear and nontechnical

13 language, of the rights of the juvenile relating to the adju14 dication record of the juvenile. Any juvenile may petition

15 the court after a period of 5 years to have a record relating

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

17 record relating to an offense described in subsection

18 (b)(2)(A)) removed from the Federal Bureau of Investiga19 tion database if that juvenile can establish by clear and

20 convincing evidence that the juvenile is no longer a danger

21 to the community.

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

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

24 Federal court, the Federal criminal record of the juvenile
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1 shall be made available in the same manner as is applica2 ble to the records of adult defendants.’’.

3 SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVE4 NILE OFFENDERS.

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

6 States Code, is amended to read as follows:

7 ‘‘§ 5039. Implementation of a sentence

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

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

10 delinquent or found guilty of an offense under any pro11 ceeding in a district court of the United States under sec12 tion 5032 shall be carried out in the same manner as for

13 an adult defendant.

14 ‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION,

15 AND SUPERVISED RELEASE.—Subject to subsection (d),

16 the implementation of a sentence of imprisonment is gov17 erned by subchapter C of chapter 229 and, if the sentence

18 includes a term of probation or supervised release, by sub19 chapter A of chapter 229.

20 ‘‘(c) SENTENCES OF FINES AND ORDERS OF RES21 TITUTION; SPECIAL ASSESSMENTS.—

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

23 order of restitution, or a special assessment under

24 section 3013 shall be implemented and collected in

25 the same manner as for an adult defendant.
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1 ‘‘(2) PROHIBITION.—The parent, guardian, or

2 custodian of a juvenile sentenced to pay a fine may

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

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

5 CONFINEMENT.—

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

7 incarceration, whether pursuant to an adjudication

8 of delinquency or conviction for an offense, to the

9 custody of the Attorney General may, before the ju10 venile attains the age of 18 years, be placed or re11 tained in any jail or correctional institution in which

12 the juvenile has prohibited physical contact with

13 adult inmate or can engage in sustained oral com14 munication with adult inmates. To the extent prac15 ticable, violent juveniles shall be kept separate from

16 nonviolent juveniles.

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

18 committed for incarceration shall be provided with—

19 ‘‘(A) adequate food, heat, light, sanitary

20 facilities, bedding, clothing, and recreation; and

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

22 training, and medical care (including necessary

23 psychiatric, psychological, or other care or

24 treatment).
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1 ‘‘(3) COMMITMENT TO FOSTER HOME OR COM2 MUNITY-BASED FACILITY.—Except in the case of a

3 juvenile who is found guilty of a violent felony or

4 who is adjudicated delinquent for an offense that

5 would be a violent felony if the juvenile had been

6 prosecuted as an adult, the Attorney General shall

7 commit a juvenile to a foster home or community8 based facility located in or near his home community

9 if that commitment is—

10 ‘‘(A) practicable;

11 ‘‘(B) in the best interest of the juvenile;

12 and

13 ‘‘(C) consistent with the safety of the com14 munity.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 403 of title 18, United States Code, is amended

17 by striking the item relating to section 5039 and inserting

18 the following:

‘‘5039. Implementation of a sentence.’’.

19 SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JU20 VENILE DEFENDANTS.

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

22 amended—

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

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

25 A misdemeanor or any’’; and
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1 (2) in the third sentence, by striking ‘‘, except

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

3 end of the subsection.

4 SEC. 111. FEDERAL SENTENCING GUIDELINES.

5 (a) APPLICATION OF GUIDELINES TO CERTAIN JU6 VENILE DEFENDANTS.—Section 994(h) of title 28, United

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

8 defendant is a juvenile who is tried as an adult,’’ after

9 ‘‘old or older’’.

10 (b) GUIDELINES FOR JUVENILE CASES.—

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

12 United States Code, is amended by adding at the

13 end the following:

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

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

16 the date of enactment of the Violent and Repeat Ju17 venile Offender Accountability and Rehabilitation

18 Act of 1999, the Commission, by affirmative vote of

19 not less than 4 members of the Commission, and

20 pursuant to its rules and regulations and consistent

21 with all pertinent provisions of any Federal statute,

22 shall promulgate and distribute to all courts of the

23 United States and to the United States Probation

24 System—
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1 ‘‘(A) guidelines, as described in this sec2 tion, for use by a sentencing court in deter3 mining the sentence to be imposed in a criminal

4 case if the defendant committed the offense as

5 a juvenile, and is tried as an adult pursuant to

6 section 5032 of title 18, United States Code;

7 and

8 ‘‘(B) guidelines, as described in this sec9 tion, for use by a court in determining the sen10 tence to be imposed on a juvenile adjudicated

11 delinquent pursuant to section 5032 of title 18,

12 United States Code, and sentenced pursuant to

13 a dispositional hearing under section 5037 of

14 title 18, United States Code.

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

16 subsection, the Commission shall make the deter17 minations required by subsection (a)(1) and promul18 gate the policy statements and guidelines required

19 by paragraphs (2) and (3) of subsection (a).

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

21 other considerations required by this section, the

22 Commission, in promulgating guidelines—

23 ‘‘(A) pursuant to paragraph (1)(A), shall

24 presume the appropriateness of adult sen25 tencing provisions, but may make such adjust-
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1 ments to sentence lengths and to provisions

2 governing downward departures from the guide3 lines as reflect the specific interests and cir4 cumstances of juvenile defendants; and

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

6 ensure that the guidelines—

7 ‘‘(i) reflect the broad range of sen8 tencing options available to the court

9 under section 5037 of title 18, United

10 States Code; and

11 ‘‘(ii) effectuate a policy of an account12 ability-based juvenile justice system that

13 provides substantial and appropriate sanc14 tions, that are graduated to reflect the se15 verity or repeated nature of violations, for

16 each delinquent act, and reflect the specific

17 interests and circumstances of juvenile de18 fendants.

19 ‘‘(4) REVIEW PERIOD.—The review period spec20 ified by subsection (p) applies to guidelines promul21 gated pursuant to this subsection and any amend22 ments to those guidelines.’’.

23 (2) TECHNICAL CORRECTION TO ASSURE COM24 PLIANCE OF SENTENCING GUIDELINES WITH PROVI25 SIONS OF ALL FEDERAL STATUTES.—Section 994(a)
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1 of title 28, United States Code, is amended by strik2 ing ‘‘consistent with all pertinent provisions of this

3 title and title 18, United States Code,’’ and inserting

4 ‘‘consistent with all pertinent provisions of any Fed5 eral statute’’.

6 SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURIS7 DICTION.

8 Not later than 18 months after the date of enactment

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

10 of the juvenile justice systems of Indian tribes (as defined

11 in section 4(e) of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 450b(e))) and shall re13 port to the Chairman and Ranking Member of the Com14 mittee on the Judiciary and the Committee on Indian Af15 fairs of the Senate and the Chairman and Ranking Mem16 ber of the Committee on the Judiciary of the House of

17 Representatives on—

18 (1) the extent to which tribal governments are

19 equipped to adjudicate felonies, misdemeanors, and

20 acts of delinquency committed by juveniles subject to

21 tribal jurisdiction; and

22 (2) the need for and benefits from expanding

23 the jurisdiction of tribal courts and the authority to

24 impose the same sentences that can be imposed by

25 Federal or State courts on such juveniles.
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1 TITLE II—JUVENILE GANGS

2 SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN

3 CRIMINAL STREET GANG ACTIVITY.

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

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

6 following:

7 ‘‘§ 522. Recruitment of persons to participate in

8 criminal street gang activity

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

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

11 foreign commerce, or cause another to do so, to recruit,

12 solicit, induce, command, or cause another person to be

13 or remain as a member of a criminal street gang, or con14 spire to do so, with the intent that the person being re15 cruited, solicited, induced, commanded or caused to be or

16 remain a member of such gang participate in an offense

17 described in section 521(c) of this title.

18 ‘‘(b) PENALTIES.—Any person who violates sub19 section (a) shall—

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

21 commanded, or caused—

22 ‘‘(A) is a minor, be imprisoned not less

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

24 in accordance with this title, or both; or
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1 ‘‘(B) is not a minor, be imprisoned not less

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

3 in accordance with this title, or both; and

4 ‘‘(2) be liable for any costs incurred by the

5 Federal Government or by any State or local govern6 ment for housing, maintaining, and treating the

7 minor until the minor attains the age of 18 years.

8 ‘‘(c) DEFINITIONS.—In this section:

9 ‘‘(1) CRIMINAL STREET GANG.—The term

10 ‘criminal street gang’ has the meaning given the

11 term in section 521.

12 ‘‘(2) MINOR.—The term ‘minor’ means a per13 son who is younger than 18 years of age.’’.

14 (b) CONFORMING AMENDMENT.—The analysis for

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

16 by adding at the end the following:

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

17 SEC. 202. INCREASED PENALTIES FOR USING MINORS TO

18 DISTRIBUTE DRUGS.

19 Section 420 of the Controlled Substances Act (21

20 U.S.C. 861) is amended—

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

22 and inserting ‘‘3 years’’; and

23 (2) in subsection (c), by striking ‘‘one year’’

24 and inserting ‘‘5 years’’.
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1 SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF

2 VIOLENCE.

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

4 States Code, is amended by adding at the end the fol5 lowing:

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

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

8 law, whoever, being not less than 18 years of age, know9 ingly and intentionally uses a minor to commit a Federal

10 offense that is a crime of violence, or to assist in avoiding

11 detection or apprehension for such an offense, shall—

12 ‘‘(1) be subject to 2 times the maximum impris13 onment and 2 times the maximum fine that would

14 otherwise be imposed for the offense; and

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

16 this subsection, be subject to 3 times the maximum

17 imprisonment and 3 times the maximum fine that

18 would otherwise be imposed for the offense.

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

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

21 violence’ has the meaning given the term in section

22 16 of this title.

23 ‘‘(2) MINOR.—The term ‘minor’ means a per24 son who is less than 18 years of age.

25 ‘‘(3) USES.—The term ‘uses’ means employs,

26 hires, persuades, induces, entices, or coerces.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

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

3 adding at the end the following:

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

4 SEC. 204. CRIMINAL STREET GANGS.

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

6 States Code, is amended—

7 (1) in subsection (a), in the second undesig8 nated paragraph—

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

10 (B) by inserting ‘‘, whether formal or in11 formal’’ after ‘‘or more persons’’; and

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

13 activities’’ after ‘‘purposes’’;

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

15 years’’ the following: ‘‘and such person shall be sub16 ject to the forfeiture prescribed in section 412 of the

17 Controlled Substances Act (21 U.S.C. 853)’’;

18 (3) in subsection (c)—

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

20 the end;

21 (B) in paragraph (3), by striking the pe22 riod at the end and inserting a semicolon;

23 (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

7 gambling), or chapter 73 (relating to obstruction of

8 justice);

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

10 to money laundering), to the extent that the viola11 tion of such section is related to a Federal or State

12 offense involving a controlled substance (as that

13 term is defined in section 102 of the Controlled Sub14 stances Act (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

18 to 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.—

23 Section 3663(c)(4) of title 18, United States Code, is

24 amended by striking ‘‘chapter 46’’ and inserting ‘‘section

25 521, chapter 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

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

6 of Columbia.

7 (2) HIGH INTENSITY INTERSTATE GANG ACTIV8 ITY AREA.—The term ‘‘high intensity interstate

9 gang activity area’’ means an area within a State

10 that is designated as a high intensity interstate gang

11 activity area under subsection (b)(1).

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

13 of the United States or the District of Columbia.

14 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

15 AREAS.—

16 (1) DESIGNATION.—The Attorney General,

17 upon consultation with the Secretary of the Treas18 ury and the Governors of appropriate States, may

19 designate as a high intensity interstate gang activity

20 area a specified 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 re2 gional task force, consisting of Federal, State,

3 and local law enforcement authorities, for the

4 coordinated investigation, disruption, apprehen5 sion, and prosecution of criminal activities of

6 gangs and gang members in the high intensity

7 interstate gang activity area; and

8 (B) direct the detailing from any Federal

9 department or agency (subject to the approval

10 of the head of that department or agency, in

11 the case of a department or agency other than

12 the Department of Justice) of personnel to the

13 high 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 inter17 state gang activity area under this section, the At18 torney General shall consider—

19 (A) the extent to which gangs from the

20 area are involved in interstate or international

21 criminal 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

8 to respond to the problem of criminal gang ac9 tivity in the area, as an indication of their de10 termination to respond aggressively to the prob11 lem;

12 (E) the extent to which a significant in13 crease in the allocation of Federal resources

14 would enhance local response to gang-related

15 criminal activities in the area; and

16 (F) any other criteria that the Attorney

17 General considers to be appropriate.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) IN GENERAL.—There is authorized to be

20 appropriated to carry out this section $100,000,000

21 for each of fiscal years 1999 through 2004, to be

22 used in accordance with paragraph (2).

23 (2) USE OF FUNDS.—Of amounts made avail24 able under paragraph (1) in each fiscal year—
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1 (A) 60 percent shall be used to carry out

2 subsection (b)(2); and

3 (B) 40 percent shall be used to make

4 grants for community-based programs to pro5 vide crime prevention and intervention services

6 that are designed for gang members and at-risk

7 youth in areas designated pursuant to this sec8 tion as high intensity interstate gang activity

9 areas.

10 (3) REQUIREMENT.—

11 (A) IN GENERAL.—The Attorney General

12 shall ensure that not less than 10 percent of

13 amounts made available under paragraph (1) in

14 each fiscal year are used to assist rural States

15 affected as described in subparagraphs (B) and

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

17 (B) DEFINITION OF RURAL STATE.—In

18 this paragraph, the term ‘‘rural State’’ has the

19 meaning given the term in section 1501(b) of

20 title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3796bb(b)).
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1 SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL

2 FORCE TO TAMPER WITH WITNESSES, VIC3 TIMS, OR INFORMANTS.

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

5 amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by striking ‘‘as pro8 vided in paragraph (2)’’ and inserting ‘‘as pro9 vided in paragraph (3)’’;

10 (B) by redesignating paragraph (2) as

11 paragraph (3);

12 (C) by inserting after paragraph (1) the

13 following:

14 ‘‘(2) USE OF PHYSICAL FORCE TO TAMPER

15 WITH WITNESSES, VICTIMS, OR INFORMANTS.—Who16 ever uses physical force or the threat of physical

17 force against any person, or attempts to do so, with

18 intent to—

19 ‘‘(A) influence, delay, or prevent the testi20 mony of any person in an official proceeding;

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

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

23 record, document, or other object, from an

24 official proceeding;

25 ‘‘(ii) alter, destroy, mutilate, or con26 ceal an object with intent to impair the ob-
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1 ject’s integrity or availability for use in an

2 official proceeding;

3 ‘‘(iii) evade legal process summoning

4 that person to appear as a witness, or to

5 produce a record, document, or other ob6 ject, in an official proceeding; or

7 ‘‘(iv) be absent from an official pro8 ceeding to which such person has been

9 summoned by legal process; or

10 ‘‘(C) hinder, delay, or prevent the commu11 nication to a law enforcement officer or judge

12 of the United States of information relating to

13 the commission or possible commission of a

14 Federal offense or a violation of conditions of

15 probation, parole, or release pending judicial

16 proceedings;

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

18 and

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

20 striking subparagraph (B) and inserting the fol21 lowing:

22 ‘‘(B) in the case of—

23 ‘‘(i) an attempt to murder; or

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

25 any person;
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1 imprisonment for not more than 20 years.’’;

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

3 force’’; and

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

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

6 offense under this section or section 1513 shall be subject

7 to the same penalties as those prescribed for the offense

8 the commission of which was the object of the con9 spiracy.’’.

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

11 OFFICES TO COMBAT GANG CRIME AND

12 YOUTH VIOLENCE.

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

14 title III of the Violent Crime Control and Law Enforce15 ment Act of 1994 (42 U.S.C. 13862) is amended—

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

17 end;

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

19 the end and inserting a semicolon; and

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

21 ‘‘(5) to allow the hiring of additional prosecu22 tors, so that more cases can be prosecuted and back23 logs reduced;
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1 ‘‘(6) to provide funding to enable prosecutors to

2 address drug, gang, and youth violence problems

3 more effectively;

4 ‘‘(7) to provide funding to assist prosecutors

5 with funding for technology, equipment, and training

6 to assist prosecutors in reducing the incidence of,

7 and increase the successful identification and speed

8 of prosecution of young violent offenders; and

9 ‘‘(8) to provide funding to assist prosecutors in

10 their efforts to engage in community prosecution,

11 problem solving, and conflict resolution techniques

12 through collaborative efforts with police, school offi13 cials, probation officers, social service agencies, and

14 community organizations.’’.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

16 31707 of subtitle Q of title III of the Violent Crime Con17 trol and Law Enforcement Act of 1994 (42 U.S.C. 13867)

18 is amended to read as follows:

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

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

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

22 SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPA23 TION IN CRIME AS A GANG MEMBER.

24 (a) DEFINITION OF CRIMINAL STREET GANG.—In

25 this section, the term ‘‘criminal street gang’’ has the
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1 meaning given that term in section 521(a) of title 18,

2 United States Code, as amended by section 204 of this

3 Act.

4 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

7 the United States Sentencing Commission shall

8 amend the Federal Sentencing Guidelines to provide

9 an appropriate enhancement for any Federal offense

10 described in section 521(c) of title 18, United States

11 Code as amended by section 204 of this Act, if the

12 offense was both committed in connection with, or in

13 furtherance of, the activities of a criminal street

14 gang and the defendant was a member of the crimi15 nal street gang at the time of the offense.

16 (2) FACTORS TO BE CONSIDERED.—In deter17 mining an appropriate enhancement under this sec18 tion, the United States Sentencing Commission shall

19 give great weight to the seriousness of the offense,

20 the offender’s relative position in the criminal gang,

21 and the risk of death or serious bodily injury to any

22 person posed by the offense.

23 (c) CONSTRUCTION WITH OTHER GUIDELINES.—

24 The amendment made by subsection (b) shall provide that

25 the increase in the offense level shall be in addition to any
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1 other adjustment under chapter 3 of the Federal Sen2 tencing Guidelines.

3 SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANS4 PORTATION IN AID OF CRIMINAL GANGS.

5 (a) TRAVEL ACT AMENDMENT.—Section 1952 of

6 title 18, United States Code, is amended to read as fol7 lows:

8 ‘‘§ 1952. Interstate and foreign travel or transpor9 tation in aid of racketeering enterprises

10 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—

11 ‘‘(1) IN GENERAL.—Whoever—

12 ‘‘(A) travels in interstate or foreign com13 merce or uses the mail or any facility in inter14 state or foreign commerce, with intent to—

15 ‘‘(i) distribute the proceeds of any un16 lawful activity; or

17 ‘‘(ii) otherwise promote, manage, es18 tablish, carry on, or facilitate the pro19 motion, management, establishment, or

20 carrying on, of any unlawful activity; and

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

22 facility in interstate or foreign commerce de23 scribed in subparagraph (A), performs, at24 tempts to perform, or conspires to perform an
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1 act described in clause (i) or (ii) of subpara2 graph (A);

3 shall be fined under this title, imprisoned not more

4 than 10 years, or both.

5 ‘‘(2) CRIMES OF VIOLENCE.—Whoever—

6 ‘‘(A) travels in interstate or foreign com7 merce or uses the mail or any facility in inter8 state or foreign commerce, with intent to com9 mit any crime of violence to further any unlaw10 ful 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), commits, attempts

14 to commit, or conspires to commit any crime of

15 violence to further any unlawful activity;

16 shall be fined under this title, imprisoned for not

17 more than 20 years, or both, and if death results

18 shall be sentenced to death or be imprisoned for any

19 term of years or for life.

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

21 ‘‘(1) CONTROLLED SUBSTANCE.—The term

22 ‘controlled substance’ has the meaning given that

23 term in section 102(6) of the Controlled Substances

24 Act (21 U.S.C. 802(6)).
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1 ‘‘(2) STATE.—The term ‘State’ includes a State

2 of the United States, the District of Columbia, and

3 any commonwealth, territory, or possession of the

4 United States.

5 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw6 ful activity’ means—

7 ‘‘(A) any business enterprise involving

8 gambling, liquor on which the Federal excise

9 tax has not been paid, narcotics or controlled

10 substances, or prostitution offenses in violation

11 of the laws of the State in which the offense is

12 committed or of the United States;

13 ‘‘(B) extortion, bribery, arson, burglary if

14 the offense involves property valued at not less

15 than $10,000, assault with a deadly weapon,

16 assault resulting in bodily injury, shooting at an

17 occupied dwelling or motor vehicle, or retalia18 tion against or intimidation of witnesses, vic19 tims, jurors, or informants, in violation of the

20 laws of the State in which the offense is com21 mitted or of the United States;

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

23 or threat, directed against any person, to delay

24 or influence the testimony of or prevent from

25 testifying a witness in a State criminal pro-
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1 ceeding or by any such means to cause any per2 son to destroy, alter, or conceal a record, docu3 ment, or other object, with intent to impair the

4 object’s integrity or availability for use in such

5 a proceeding; or

6 ‘‘(D) any act that is indictable under sec7 tion 1956 or 1957 of this title or under sub8 chapter II of chapter 53 of title 31.’’.

9 (b) AMENDMENT OF SENTENCING GUIDELINES.—

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

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

12 the United States Sentencing Commission shall

13 amend chapter 2 of the Federal Sentencing Guide14 lines to provide an appropriate increase in the of15 fense levels for traveling in interstate or foreign

16 commerce in aid of unlawful activity.

17 (2) UNLAWFUL ACTIVITY DEFINED.—In this

18 subsection, the term ‘‘unlawful activity’’ has the

19 meaning given that term in section 1952(b) of title

20 18, United States Code, as amended by this section.

21 (3) SENTENCING ENHANCEMENT FOR RECRUIT22 MENT ACROSS STATE LINES.—Pursuant to its au23 thority under section 994(p) of title 28, United

24 States Code, the United States Sentencing Commis25 sion shall amend the Federal Sentencing Guidelines
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1 to provide an appropriate enhancement for a person

2 who, in violating section 522 of title 18, United

3 States Code (as added by section 201 of this Act),

4 recruits, solicits, induces, commands, or causes an5 other person residing in another State to be or to re6 main a member of a criminal street gang, or crosses

7 a State line with the intent to recruit, solicit, induce,

8 command, or cause another person to be or to re9 main a member of a criminal street gang.

10 SEC. 210. PROHIBITIONS RELATING TO FIREARMS.

11 (a) SERIOUS JUVENILE DRUG OFFENSES AS ARMED

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

13 of title 18, United States Code, is amended—

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

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

16 and

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

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

19 if committed by an adult, would be an offense

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

21 (b) TRANSFER OF FIREARMS TO MINORS FOR USE

22 IN CRIME.—Section 924(h) of title 18, United States

23 Code, is amended by inserting ‘‘and if the transferee is

24 a person who is under 18 years of age, imprisoned not

25 less than 3 years,’’ after ‘‘10 years,’’.
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1 SEC. 211. CLONE PAGERS.

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

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

4 inserting the following:

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

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

7 206 of this title (relating to pen registers, trap and

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

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

10 States Code, is amended—

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

12 following:

13 ‘‘(a) IN GENERAL.—Except as provided in this sec14 tion, no person may install or use a pen register, trap and

15 trace device, or clone pager without first obtaining a court

16 order under section 3123 or 3129 of this title, or under

17 the Foreign Intelligence Surveillance Act of 1978 (50

18 U.S.C. 1801 et seq.).’’;

19 (2) in subsection (b), by striking ‘‘a pen reg20 ister or a trap and trace device’’ and inserting ‘‘a

21 pen register, trap and trace device, or clone pager’’;

22 and

23 (3) by striking the section heading and insert24 ing the following:
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1 ‘‘§ 3121. General prohibition on pen register, trap and

2 trace device, and clone pager use; excep3 tion’’.

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

5 States Code, is amended—

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

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

8 (2) by inserting after subsection (b) the fol9 lowing:

10 ‘‘(c) CLONE PAGER.—Upon the request of an attor11 ney for the Government or an officer of a law enforcement

12 agency authorized to use a clone pager under this chapter,

13 a provider of electronic communication service shall fur14 nish to such investigative or law enforcement officer all

15 information, facilities, and technical assistance necessary

16 to accomplish the use of the clone pager unobtrusively and

17 with a minimum of interference with the services that the

18 person so ordered by the court provides to the subscriber,

19 if such assistance is directed by a court order, as provided

20 in section 3129(b)(2) of this title.’’; and

21 (3) by striking the section heading and insert22 ing the following:
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1 ‘‘§ 3124. Assistance in installation and use of a pen

2 register, trap and trace device, or clone

3 pager’’.

4 (d) EMERGENCY INSTALLATIONS.—Section 3125 of

5 title 18, United States Code, is amended—

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

7 trace device’’ and ‘‘pen register or trap and trace de8 vice’’ each place they appear and inserting ‘‘pen reg9 ister, trap and trace device, or clone pager’’;

10 (2) in subsection (a), by striking ‘‘an order ap11 proving the installation or use is issued in accord12 ance with section 3123 of this title’’ and inserting

13 ‘‘an application is made for an order approving the

14 installation or use in accordance with section 3122

15 or section 3128 of this title’’;

16 (3) in subsection (b), by adding at the end the

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

18 pager is denied, or in any other case in which the

19 use of the clone pager is terminated without an

20 order having been issued, an inventory shall be

21 served as provided for in section 3129(e) of this

22 title.’’; and

23 (4) by striking the section heading and insert24 ing the following:
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1 ‘‘§ 3125. Emergency installation and use of pen reg2 ister, trap and trace device, and clone

3 pager’’.

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

5 States Code, is amended—

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

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

8 pen registers, trap and trace devices, and clone

9 pagers’’; and

10 (2) by striking the section heading and insert11 ing the following:

12 ‘‘§ 3126. Reports concerning pen registers, trap and

13 trace devices, and clone pagers’’.

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

15 States Code, is amended—

16 (1) in paragraph (2)—

17 (A) in subparagraph (A), by striking ‘‘or’’

18 at the end; and

19 (B) by striking subparagraph (B) and in20 serting the following:

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

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

23 a court of general criminal jurisdiction of a

24 State authorized by the law of that State to

25 enter orders authorizing the use of a pen reg26 ister or a trap and trace device; or
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1 ‘‘(C) with respect to an application for the

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

3 jurisdiction of a State authorized by the law of

4 that State to issue orders authorizing the use of

5 a clone pager;’’;

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

7 end;

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

9 the end and inserting ‘‘; and’’; and

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

11 ‘‘(7) the term ‘clone pager’ means a numeric

12 display device that receives communications intended

13 for another numeric display paging device.’’.

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

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘§ 3128. Application for an order for use of a clone

18 pager

19 ‘‘(a) APPLICATION.—

20 ‘‘(1) FEDERAL REPRESENTATIVES.—Any attor21 ney for the Government may apply to a court of

22 competent jurisdiction for an order or an extension

23 of an order under section 3129 of this title author24 izing the use of a clone pager.
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1 ‘‘(2) STATE REPRESENTATIVES.—A State in2 vestigative or law enforcement officer may, if author3 ized by a State statute, apply to a court of com4 petent jurisdiction of such State for an order or an

5 extension of an order under section 3129 of this title

6 authorizing the use of a clone pager.

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

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

9 ‘‘(1) the identity of the attorney for the Govern10 ment or the State law enforcement or investigative

11 officer making the application and the identity of the

12 law enforcement agency conducting the investiga13 tion;

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

15 individuals using the numeric display paging device

16 to be cloned;

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

18 device to be cloned;

19 ‘‘(4) a description of the offense to which the

20 information likely to be obtained by the clone pager

21 relates;

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

23 is subject of the criminal investigation; and

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

25 the court of competent jurisdiction, establishing
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1 probable cause to believe that information relevant

2 to an ongoing criminal investigation being conducted

3 by that agency will be obtained through use of the

4 clone pager.

5 ‘‘§ 3129. Issuance of an order for use of a clone pager

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

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

8 order authorizing the use of a clone pager within the juris9 diction of the court if the court finds that the application

10 has established probable cause to believe that information

11 relevant to an ongoing criminal investigation being con12 ducted by that agency will be obtained through use of the

13 clone pager.

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

15 under this section—

16 ‘‘(1) shall specify—

17 ‘‘(A) the identity, if known, of the indi18 vidual or individuals using the numeric display

19 paging device to be cloned;

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

21 be cloned;

22 ‘‘(C) the identity, if known, of the sub23 scriber to the pager service; and
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1 ‘‘(D) the offense to which the information

2 likely to be obtained by the clone pager relates;

3 and

4 ‘‘(2) shall direct, upon the request of the appli5 cant, the furnishing of information, facilities, and

6 technical assistance necessary to use the clone pager

7 under section 3124 of this title.

8 ‘‘(c) TIME PERIOD AND EXTENSIONS.—

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

10 section shall authorize the use of a clone pager for

11 a period not to exceed 30 days. Such 30-day period

12 shall begin on the earlier of the day on which the

13 investigative or law enforcement officer first begins

14 use of the clone pager under the order or the tenth

15 day after the order is entered.

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

17 issued under this section may be granted, but only

18 upon an application for an order under section 3128

19 of this title and upon the judicial finding required by

20 subsection (a). An extension under this paragraph

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

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

23 the termination of the period of a clone pager order

24 or any extensions thereof under this subsection, the

25 applicant shall report to the issuing court the num-
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1 ber of numeric pager messages acquired through the

2 use of the clone pager during such period.

3 ‘‘(d) NONDISCLOSURE OF EXISTENCE OF CLONE

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

5 shall direct that—

6 ‘‘(1) the order shall be sealed until otherwise

7 ordered by the court; and

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

9 court to provide assistance to the applicant may not

10 disclose the existence of the clone pager or the exist11 ence of the investigation to the listed subscriber, or

12 to any other person, until otherwise ordered by the

13 court.

14 ‘‘(e) NOTIFICATION.—

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

16 not later than 90 days after the date of termination

17 of the period of a clone pager order or any exten18 sions thereof, the issuing judge shall cause to be

19 served, on the individual or individuals using the nu20 meric display paging device that was cloned, an in21 ventory including notice of—

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

23 the application;
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1 ‘‘(B) the date of the entry and the period

2 of clone pager use authorized, or the denial of

3 the application; and

4 ‘‘(C) whether or not information was ob5 tained through the use of the clone pager.

6 ‘‘(2) POSTPONEMENT.—Upon an ex-parte show7 ing of good cause, a court of competent jurisdiction

8 may in its discretion postpone the serving of the no9 tice required by this subsection.’’.

10 (h) CLERICAL AMENDMENTS.—The table of sections

11 for chapter 206 of title 18, United States Code, is

12 amended—

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

14 and inserting the following:

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

pager use; exception.’’;

15 (2) by striking the items relating to sections

16 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

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

‘‘3128. Application for an order for use of a clone pager.

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

18 (i) CONFORMING AMENDMENT.—Section 704(a) of

19 the Communications Act of 1934 (47 U.S.C. 605(a)) is
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1 amended by striking ‘‘chapter 119,’’ and inserting ‘‘chap2 ters 119 and 206 of’’.

3 TITLE III—JUVENILE CRIME

4 CONTROL, ACCOUNTABILITY,

5 AND DELINQUENCY PREVEN6 TION

7 Subtitle A—Reform of the Juvenile

8 Justice and Delinquency Pre9 vention Act of 1974

10 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI11 TIONS.

12 Title I of the Juvenile Justice and Delinquency Pre13 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

14 to read as follows:

15 ‘‘TITLE I—FINDINGS AND

16 DECLARATION OF PURPOSE

17 ‘‘SEC. 101. FINDINGS.

18 ‘‘Congress makes the following findings:

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

20 has experienced an alarming increase in arrests of

21 adolescents for murder, assault, and weapons of22 fenses.

23 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar24 rests for violent crimes, including murder, robbery,

25 aggravated assault, and rape, including 514 such ar-
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1 rests per 100,000 juveniles 10 through 17 years of

2 age.

3 ‘‘(3) Understaffed and overcrowded juvenile

4 courts, prosecutorial and public defender offices,

5 probation services, and correctional facilities no

6 longer adequately address the changing nature of ju7 venile crime, protect the public, or correct youth of8 fenders.

9 ‘‘(4) The juvenile justice system has proven in10 adequate to meet the needs of society and the needs

11 of children who may be at risk of becoming

12 delinquents are not being met.

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

14 adequately responded to the particular threats that

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

16 youth of the Nation.

17 ‘‘(6) Projected demographic increases in the

18 number of youth offenders require reexamination of

19 current prosecution and incarceration policies for se20 rious violent youth offenders and crime prevention

21 policies.

22 ‘‘(7) State and local communities require assist23 ance to deal comprehensively with the problems of

24 juvenile 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

5 violence.

6 ‘‘(9) Overlapping and uncoordinated Federal

7 programs have created a multitude of Federal fund8 ing streams to States and units of local government,

9 that have become a barrier to effective program co10 ordination, responsive public safety initiatives, and

11 the provision of comprehensive services for children

12 and 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

19 should be to encourage and empower communities to

20 develop and implement policies to protect adequately

21 the public from serious juvenile crime as well as im22 plement quality prevention programs that work with

23 at-risk juveniles, their families, local public agencies,

24 and 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, phil4 anthropic organizations, families, and the religious

5 community, can create a community environment

6 that supports the youth of the Nation in reaching

7 their highest potential and reduces the destructive

8 trend of juvenile crime.

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

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

11 to—

12 ‘‘(1) empower States and communities to de13 velop and implement comprehensive programs that

14 support families, reduce risk factors, and prevent se15 rious youth crime and juvenile delinquency;

16 ‘‘(2) protect the public and to hold juveniles ac17 countable for their acts;

18 ‘‘(3) encourage and promote, consistent with

19 the ideals of federalism, the adoption by the States

20 of policies recognizing the rights of victims in the ju21 venile justice system, and ensuring that the victims

22 of violent crimes committed by juveniles receive the

23 same level of justice as do the victims of violent

24 crimes committed by adults;
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1 ‘‘(4) provide for the thorough and ongoing eval2 uation of all federally funded programs addressing

3 juvenile 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

10 the problems of youth crime and juvenile delin11 quency, including the dissemination of the findings

12 of such research 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 ju21 venile delinquency;

22 ‘‘(10) assist States and units of local govern23 ment in promoting public safety by supporting juve24 nile delinquency prevention and control activities;
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1 ‘‘(11) encourage and promote programs de2 signed to keep in school juvenile delinquents expelled

3 or suspended for disciplinary reasons;

4 ‘‘(12) assist States and units of local govern5 ment in promoting public safety by encouraging ac6 countability for acts of juvenile delinquency;

7 ‘‘(13) assist States and units of local govern8 ment in promoting public safety by improving the

9 extent, accuracy, availability and usefulness of juve10 nile court and law enforcement records and the

11 openness of the juvenile justice system;

12 ‘‘(14) assist States and units of local govern13 ment in promoting public safety by encouraging the

14 identification of violent and hardcore juveniles;

15 ‘‘(15) assist States and units of local govern16 ment in promoting public safety by providing re17 sources to States to build or expand juvenile deten18 tion facilities;

19 ‘‘(16) provide for the evaluation of federally as20 sisted juvenile crime control programs, and the

21 training necessary for the establishment and oper22 ation of such programs;

23 ‘‘(17) ensure the dissemination of information

24 regarding juvenile crime control programs by pro25 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

5 Congress to provide resources, leadership, and coordina6 tion to—

7 ‘‘(1) combat youth violence and to prosecute

8 and 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

12 the United States.

13 ‘‘SEC. 103. DEFINITIONS.

14 ‘‘In this Act:

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

18 accordance with section 201.

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

20 means an individual who—

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

22 responsibility under applicable State law; and

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

24 for, awaiting trial on, or convicted of criminal

25 charges.
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1 ‘‘(3) BOOT CAMP.—The term ‘boot camp’

2 means a residential facility (excluding a private resi3 dence) 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 sub10 stance abuse and other health and mental

11 health problems;

12 ‘‘(D) supervision by properly screened

13 staff, who are trained and experienced in work14 ing with juveniles or young adults, in highly

15 structured, disciplined surroundings, char16 acteristic of 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

21 developed through close coordination with Fed22 eral, State, and local agencies, and in coopera23 tion with business and private organizations, as

24 appropriate.
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1 ‘‘(4) BUREAU OF JUSTICE ASSISTANCE.—The

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

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

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

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

9 Omnibus Crime Control and Safe Streets Act of

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

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

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

14 of buildings located on the same grounds.

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

16 as applied to States or units of local government

17 means any grouping or joining together of such

18 States or units for the purpose of preparing, devel19 oping, or implementing a juvenile crime control and

20 delinquency 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 lo24 cated near the juvenile’s home or family and pro25 grams of community supervision and service that
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1 maintain community and consumer participation in

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

5 special education, counseling, alcoholism treatment,

6 drug treatment, and other rehabilitative services.

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

9 coordinated system of services’ means a system

10 that—

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

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

16 simultaneously protect juveniles and maintain

17 public safety;

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

19 the benefit of, young children who are at risk

20 of developing emotional or behavioral problems

21 because of physical or mental stress or abuse,

22 and for the benefit of their families;

23 ‘‘(C) increases interagency collaboration

24 and family involvement in the prevention and

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

4 ‘‘(10) CONSTRUCTION.—The term ‘construc5 tion’ means erection of new buildings or acquisition,

6 expansion, remodeling, and alteration of existing

7 buildings, and initial equipment of any such build8 ings, or any combination of such activities (including

9 architects’ fees but not the cost of acquisition of

10 land for buildings).

11 ‘‘(11) FEDERAL JUVENILE CRIME CONTROL,

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

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

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

18 commission of criminal acts or acts of delinquency,

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

20 involvement in gangs among juveniles.

21 ‘‘(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

2 ‘graduated sanctions’ means an accountability-based

3 juvenile justice system that protects the public, and

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

6 sanctions that are graduated in such a manner as to

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

8 severity or repeated nature of that act or offense,

9 and in which there is sufficient flexibility to allow for

10 individualized sanctions and services suited to the

11 individual juvenile offender.

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

13 The term ‘home-based alternative services’ means

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

16 and includes home detention.

17 ‘‘(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 Na22 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

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

25 Indians because of their status as Indians.
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1 ‘‘(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 applica4 ble State law.

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

7 under 18 years of age.

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

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

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

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

15 ‘‘(B) awaiting trial on a criminal charge;

16 or

17 ‘‘(C) convicted of violating a criminal law.

18 ‘‘(19) JUVENILE DELINQUENCY PROGRAM.—

19 The term ‘juvenile delinquency program’ means any

20 program or activity related to juvenile delinquency

21 prevention, control, diversion, treatment, rehabilita22 tion, 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 jus2 tice 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 ap15 prehend criminals, activities of courts having crimi16 nal jurisdiction and related agencies (including pros17 ecutorial and defender services), activities of correc18 tions, probation, or parole authorities, and programs

19 relating to the prevention, control, or reduction of

20 juvenile 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

24 Omnibus Crime Control and Safe Streets Act of

25 1968 (42 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

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

6 1986.

7 ‘‘(23) OFFICE.—The term ‘Office’ means the

8 Office of Juvenile Crime Control and Prevention es9 tablished under section 201.

10 ‘‘(24) OFFICE OF JUSTICE PROGRAMS.—The

11 term ‘Office of Justice Programs’ means the office

12 established by section 101 of title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968 (42

14 U.S.C. 3711).

15 ‘‘(25) OUTCOME OBJECTIVE.—The term ‘out16 come objective’ means an objective that relates to

17 the impact of a program or initiative, that measures

18 the reduction of high risk behaviors, such as inci19 dence of arrest, the commission of criminal acts or

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

21 use of alcohol or illegal drugs, involvement of youth

22 gangs, violent and unlawful acts of animal cruelty,

23 and teenage pregnancy, among youth in the commu24 nity.
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1 ‘‘(26) PROCESS OBJECTIVE.—The term ‘process

2 objective’ means an objective that relates to the

3 manner in which a program or initiative is carried

4 out, including—

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

6 which the program or initiative is reaching the

7 target population; and

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

9 which the program or initiative addresses

10 known risk factors for youth problem behaviors

11 and incorporates activities that inhibit the be12 haviors and that build on protective factors for

13 youth.

14 ‘‘(27) PROHIBITED PHYSICAL CONTACT.—

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

16 physical contact’ means—

17 ‘‘(i) any physical contact between a

18 juvenile and an adult inmate; and

19 ‘‘(ii) proximity that provides an op20 portunity for physical contact between a

21 juvenile and an adult inmate.

22 ‘‘(B) EXCLUSION.—The term does not in23 clude supervised proximity between a juvenile

24 and an adult inmate that is brief and inad25 vertent, or accidental, in secure areas of a facil-
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1 ity that are not dedicated to use by juvenile of2 fenders and that are nonresidential, which may

3 include dining, recreational, educational, voca4 tional, health care, entry areas, and passage5 ways.

6 ‘‘(28) RELATED COMPLEX OF BUILDINGS.—The

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

8 buildings that share—

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

10 fences, or services beyond mechanical services

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

12 ‘‘(B) the specialized services that are al13 lowable under section 31.303(e)(3)(i)(C)(3) of

14 title 28, Code of Federal Regulations, as in ef15 fect on December 10, 1996.

16 ‘‘(29) SECURE CORRECTIONAL FACILITY.—The

17 term ‘secure correctional facility’ means any public

18 or private residential facility that—

19 ‘‘(A) includes construction fixtures de20 signed to physically restrict the movements and

21 activities of juveniles or other individuals held

22 in lawful custody in such facility; and

23 ‘‘(B) is used for the placement, after adju24 dication and disposition, of any juvenile who

25 has been adjudicated as having committed an
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1 offense or any other individual convicted of a

2 criminal offense.

3 ‘‘(30) SECURE DETENTION FACILITY.—The

4 term ‘secure detention facility’ means any public or

5 private residential facility that—

6 ‘‘(A) includes construction fixtures de7 signed to physically restrict the movements and

8 activities of juveniles or other individuals held

9 in lawful custody in such facility; and

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

11 of any juvenile who is accused of having com12 mitted an offense or of any other individual ac13 cused of having committed a criminal offense.

14 ‘‘(31) SERIOUS CRIME.—The term ‘serious

15 crime’ means criminal homicide, rape or other sex

16 offenses punishable as a felony, mayhem, kidnap17 ping, aggravated assault, drug trafficking, robbery,

18 larceny or theft punishable as a felony, motor vehicle

19 theft, burglary or breaking and entering, extortion

20 accompanied by threats of violence, and arson pun21 ishable as a felony.

22 ‘‘(32) STATE.—The term ‘State’ means any

23 State of the United States, the District of Columbia,

24 the Commonwealth of Puerto Rico, the Virgin Is-
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1 lands, Guam, American Samoa, and the Common2 wealth of the Northern Mariana Islands.

3 ‘‘(33) STATE OFFICE.—The term ‘State office’

4 means an office designated by the chief executive of5 ficer of a State to carry out this title, as provided

6 in section 507 of the Omnibus Crime Control and

7 Safe Streets Act of 1968 (42 U.S.C. 3757).

8 ‘‘(34) SUSTAINED ORAL COMMUNICATION.—

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

10 oral communication’ means the imparting or

11 interchange of speech by or between an adult

12 inmate and a juvenile.

13 ‘‘(B) EXCEPTION.—The term does not

14 include—

15 ‘‘(i) communication that is accidental

16 or incidental; or

17 ‘‘(ii) sounds or noises that cannot rea18 sonably be considered to be speech.

19 ‘‘(35) TREATMENT.—The term ‘treatment’ in20 cludes medical and other rehabilitative services de21 signed to protect the public, including any services

22 designed to benefit addicts and other users by—

23 ‘‘(A) eliminating their dependence on alco24 hol or other addictive or nonaddictive drugs; or
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1 ‘‘(B) controlling or reducing their depend2 ence and susceptibility to addiction or use.

3 ‘‘(36) UNIT OF LOCAL GOVERNMENT.—The

4 term ‘unit of local government’ means—

5 ‘‘(A) any city, county, township, town, bor6 ough, parish, village, or other general purpose

7 political subdivision of a State;

8 ‘‘(B) any law enforcement district or judi9 cial enforcement district that—

10 ‘‘(i) is established under applicable

11 State law; and

12 ‘‘(ii) has the authority to, in a manner

13 independent of other State entities, estab14 lish a budget and raise revenues;

15 ‘‘(C) an Indian tribe that performs law en16 forcement functions, as determined by the Sec17 retary of the Interior; or

18 ‘‘(D) for the purposes of assistance eligi19 bility, any agency of the government of the Dis20 trict of Columbia or the Federal Government

21 that performs law enforcement functions in and

22 for—

23 ‘‘(i) the District of Columbia; or

24 ‘‘(ii) any Trust Territory of the

25 United 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 guaran8 teed to such juvenile by the Constitution of the

9 United States.

10 ‘‘(38) VIOLENT CRIME.—The term ‘violent

11 crime’ means—

12 ‘‘(A) murder or nonnegligent man13 slaughter, forcible rape, or robbery; or

14 ‘‘(B) aggravated assault committed with

15 the use of a firearm.

16 ‘‘(39) YOUTH.—The term ‘youth’ means an in17 dividual 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

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

22 et 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 De7 partment of Justice, under the general authority of the

8 Attorney General, an Office of Juvenile Crime Control and

9 Prevention.

10 ‘‘(b) ADMINISTRATOR.—

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

12 by 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 expe15 rience 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 con21 tracts from, and applications for, amounts made

22 available under this title.

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

24 The Administrator shall have the same reporting re25 lationship with the Attorney General as the directors
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1 of other offices and bureaus within the Office of

2 Justice Programs have with the Attorney General.

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

4 the Office a Deputy Administrator, who shall be appointed

5 by the Attorney General. The Deputy Administrator shall

6 perform such functions as the Administrator may assign

7 or delegate and shall act as the Administrator during the

8 absence 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 sec14 tion 3132 of title 5, United States Code.

15 ‘‘(2) DUTIES.—The duties of the Associate Ad16 ministrator shall include keeping Congress, other

17 Federal agencies, outside organizations, and State

18 and local government officials informed about activi19 ties 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

25 Administrator, and any function transferred or
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1 granted to the Administrator after the date of

2 enactment of the Violent and Repeat Juvenile

3 Offender Accountability and Rehabilitation Act

4 of 1999, to such officers and employees of the

5 Office 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

12 the Administrator of responsibility for the adminis13 tration of such functions.

14 ‘‘(f) REORGANIZATION.—The Administrator may al15 locate or reallocate any function transferred among the

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

17 discontinue such organizational entities in that Office as

18 may 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

4 payable under section 5376 of title 5, United States Code.

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

6 request of the Administrator, the head of any Federal

7 agency may detail, on a reimbursable basis, any of its per8 sonnel to the Administrator to assist the Administrator

9 in carrying out the functions of the Administrator under

10 this title.

11 ‘‘(d) SERVICES.—The Administrator may obtain

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

13 States Code, at rates not to exceed the rate now or here14 after payable under section 5376 of title 5, United States

15 Code.

16 ‘‘SEC. 203. VOLUNTARY SERVICE.

17 ‘‘The Administrator may accept and employ, in car18 rying out the provisions of this Act, voluntary and uncom19 pensated services notwithstanding the provisions of section

20 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).

21 ‘‘SEC. 204. NATIONAL PROGRAM.

22 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL, PRE23 VENTION, AND JUVENILE OFFENDER ACCOUNTABILITY

24 PLAN.—
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1 ‘‘(1) IN GENERAL.—Subject to the general au2 thority of the Attorney General, the Administrator

3 shall develop objectives, priorities, and short- and

4 long-term plans, and shall implement overall policy

5 and a strategy to carry out such plan, for all Fed6 eral juvenile crime control, prevention, and juvenile

7 offender accountability programs and activities relat8 ing to improving juvenile crime control, the rehabili9 tation of juvenile offenders, the prevention of juve10 nile crime, and the enhancement of accountability by

11 offenders within the juvenile justice system in the

12 United States.

13 ‘‘(2) CONTENTS OF PLANS.—

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

15 in paragraph (1) shall—

16 ‘‘(i) contain specific, measurable goals

17 and criteria for reducing the incidence of

18 crime and delinquency among juveniles,

19 improving juvenile crime control, and en20 suring accountability by offenders within

21 the juvenile justice system in the United

22 States, and shall include criteria for any

23 discretionary grants and contracts, for con24 ducting research, and for carrying out

25 other activities under this title;
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1 ‘‘(ii) provide for coordinating the ad2 ministration of programs and activities

3 under this title with the administration of

4 all other Federal juvenile crime control,

5 prevention, and juvenile offender account6 ability programs and activities, including

7 proposals for joint funding to be coordi8 nated by the Administrator;

9 ‘‘(iii) provide a detailed summary and

10 analysis of the most recent data available

11 regarding the number of juveniles taken

12 into custody, the rate at which juveniles

13 are taken into custody, the time served by

14 juveniles in custody, and the trends dem15 onstrated by such data;

16 ‘‘(iv) provide a description of the ac17 tivities for which amounts are expended

18 under this title;

19 ‘‘(v) provide specific information relat20 ing to the attainment of goals set forth in

21 the plan, including specific, measurable

22 standards for assessing progress toward

23 national juvenile crime reduction and juve24 nile offender accountability goals; and
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1 ‘‘(vi) provide for the coordination of

2 Federal, State, and local initiatives for the

3 reduction of youth crime, preventing delin4 quency, and ensuring accountability for ju5 venile offenders.

6 ‘‘(B) SUMMARY AND ANALYSIS.—Each

7 summary and analysis under subparagraph

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

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

10 separately for juvenile nonoffenders, juvenile

11 status offenders, and other juvenile offenders.

12 Such summary and analysis shall separately ad13 dress with respect to each category of juveniles

14 specified in the preceding sentence—

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

16 the juveniles are charged;

17 ‘‘(ii) the ages of the juveniles;

18 ‘‘(iii) the types of facilities used to

19 hold the juveniles (including juveniles

20 treated as adults for purposes of prosecu21 tion) in custody, including secure detention

22 facilities, secure correctional facilities, jails,

23 and lockups;

24 ‘‘(iv) the length of time served by ju25 veniles in custody; and
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1 ‘‘(v) the number of juveniles who died

2 or who suffered serious bodily injury while

3 in custody and the circumstances under

4 which each juvenile died or suffered such

5 injury.

6 ‘‘(C) DEFINITION OF SERIOUS BODILY IN7 JURY.—In this paragraph, the term ‘serious

8 bodily injury’ means bodily injury involving ex9 treme physical pain or the impairment of a

10 function of a bodily member, organ, or mental

11 faculty that requires medical intervention such

12 as surgery, hospitalization, or physical rehabili13 tation.

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

15 shall annually—

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

17 subsection;

18 ‘‘(B) revise the plans, as the Administrator

19 considers appropriate; and

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

21 present the plans to the Committee on the Ju22 diciary of the Senate and the Committee on

23 Education and the Workforce of the House of

24 Representatives.
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1 ‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out

2 this title, the Administrator shall—

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

4 General as to all matters relating to federally as5 sisted juvenile crime control, prevention, and juvenile

6 offender accountability programs, and Federal poli7 cies regarding juvenile crime and justice, including

8 policies relating to juveniles prosecuted or adju9 dicated in the Federal courts;

10 ‘‘(2) implement and coordinate Federal juvenile

11 crime control, prevention, and juvenile offender ac12 countability programs and activities among Federal

13 departments and agencies and between such pro14 grams and activities and other Federal programs

15 and activities that the Administrator determines

16 may have an important bearing on the success of the

17 entire national juvenile crime control, prevention,

18 and juvenile offender accountability effort including,

19 in consultation with the Director of the Office of

20 Management and Budget listing annually those pro21 grams to be considered Federal juvenile crime con22 trol, prevention, and juvenile accountability pro23 grams for the following fiscal year;

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

25 States, units of local government, and private enti-
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1 ties to apply for and coordinate the use of and ac2 cess to all Federal juvenile crime control, prevention,

3 and juvenile offender accountability programs;

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

5 pursuant to this title;

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

7 data regarding the prevention, correction, and con8 trol of juvenile crime and delinquency, and issue, not

9 less frequently than once each calendar year, a re10 port on successful programs and juvenile crime re11 duction methods utilized by States, localities, and

12 private entities;

13 ‘‘(6) ensure the performance of comprehensive

14 rigorous independent scientific evaluations, each of

15 which shall—

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

17 employ rigorous and scientifically valid stand18 ards and methodologies; and

19 ‘‘(B) include measures of outcome and

20 process objectives, such as reductions in juve21 nile crime, youth gang activity, youth substance

22 abuse, and other high risk factors, as well as in23 creases in protective factors that reduce the

24 likelihood of delinquency and criminal behavior;
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1 ‘‘(7) involve consultation with appropriate au2 thorities in the States and with appropriate private

3 entities in the development, review, and revision of

4 the plans required by subsection (a) and in the de5 velopment of policies relating to juveniles prosecuted

6 or adjudicated in the Federal courts;

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

8 units of local government, and private entities in im9 plementing programs funded by grants under this

10 title;

11 ‘‘(9) provide technical and financial assistance

12 to an organization composed of member representa13 tives of the State advisory groups appointed under

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

15 paragraph, if such an organization agrees to carry

16 out activities that include—

17 ‘‘(A) conducting an annual conference of

18 such member representatives for purposes relat19 ing to the activities of such State advisory

20 groups;

21 ‘‘(B) disseminating information, data,

22 standards, advanced techniques, and programs

23 models developed through the Institute and

24 through programs funded under section 261;

25 and
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1 ‘‘(C) advising the Administrator with re2 spect to particular functions or aspects of the

3 work of the Office; and

4 ‘‘(10) provide technical and financial assistance

5 to an eligible organization composed of member rep6 resentatives of the State advisory groups appointed

7 under section 222(b)(2) to assist such organization

8 to carry out the functions specified under subpara9 graph (A).

10 ‘‘(A) To be eligible to receive such assist11 ance such organization shall agree to carry out

12 activities that include—

13 ‘‘(i) conducting an annual conference

14 of such member representatives for pur15 poses relating to the activities of such

16 State advisory groups; and

17 ‘‘(ii) disseminating information, data,

18 standards, advanced techniques, and pro19 gram models developed through the Insti20 tute and through programs funded under

21 section 261.

22 ‘‘(c) INFORMATION, REPORTS, STUDIES, AND SUR23 VEYS FROM OTHER AGENCIES.—The Administrator

24 through the general authority of the Attorney General,

25 may require, through appropriate authority, Federal de-
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1 partments and agencies engaged in any activity involving

2 any Federal juvenile crime control, prevention, and juve3 nile offender accountability program to provide the Ad4 ministrator with such information and reports, and to con5 duct such studies and surveys, as the Administrator deter6 mines to be necessary to carry out the purposes of this

7 title.

8 ‘‘(d) UTILIZATION OF SERVICES AND FACILITIES OF

9 OTHER AGENCIES; REIMBURSEMENT.—The Adminis10 trator, through the general authority of the Attorney Gen11 eral, may utilize the services and facilities of any agency

12 of the Federal Government and of any other public agency

13 or institution in accordance with appropriate agreements,

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

15 of reimbursement as may be agreed upon.

16 ‘‘(e) COORDINATION OF FUNCTIONS OF ADMINIS17 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV18 ICES.—All functions of the Administrator shall be coordi19 nated as appropriate with the functions of the Secretary

20 of Health and Human Services under title III.

21 ‘‘(f) ANNUAL JUVENILE DELINQUENCY DEVELOP22 MENT STATEMENTS.—

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

24 administers a Federal juvenile crime control, preven25 tion, and juvenile offender accountability program
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1 shall annually submit to the Administrator a juvenile

2 crime control, prevention, and juvenile offender ac3 countability development statement.

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

5 submitted under paragraph (1) shall contain such

6 information, data, and analyses as the Administrator

7 may require. Such analyses shall include an analysis

8 of the extent to which the program of the Federal

9 agency submitting such development statement con10 forms with and furthers Federal juvenile crime con11 trol, prevention, and juvenile offender accountability,

12 prevention, and treatment goals and policies.

13 ‘‘(3) REVIEW AND COMMENT.—

14 ‘‘(A) IN GENERAL.—The Administrator

15 shall review and comment upon each juvenile

16 crime control, prevention, and juvenile offender

17 accountability development statement trans18 mitted to the Administrator under paragraph

19 (1).

20 ‘‘(B) INCLUSION IN OTHER DOCUMENTA21 TION.—The development statement transmitted

22 under paragraph (1), together with the com23 ments of the Administrator under subparagraph

24 (A), shall be—
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1 ‘‘(i) included by the Federal agency

2 involved in every recommendation or re3 quest made by such agency for Federal

4 legislation that significantly affects juvenile

5 crime control, prevention, and juvenile of6 fender accountability; and

7 ‘‘(ii) made available for promulgation

8 to and use by State and local government

9 officials, and by nonprofit organizations in10 volved in delinquency prevention programs.

11 ‘‘(g) JOINT FUNDING.—Notwithstanding any other

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

13 1 Federal agency to be used by any agency, organization,

14 institution, or individual to carry out a Federal juvenile

15 crime control, prevention, or juvenile offender account16 ability program or activity—

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

18 funds may be requested by the Administrator to act

19 for all in administering the funds advanced; and

20 ‘‘(2) in such a case, a single non-Federal share

21 requirement may be established according to the

22 proportion of funds advanced by each Federal agen23 cy, and the Administrator may order any such agen24 cy to waive any technical grant or contract require25 ment (as defined in those regulations) that is incon-
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1 sistent with the similar requirement of the admin2 istering agency or which the administering agency

3 does not impose.

4 ‘‘SEC. 205. JUVENILE DELINQUENCY PREVENTION CHAL5 LENGE GRANT PROGRAM.

6 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis7 trator may make grants to eligible States in accordance

8 with this part for the purpose of providing financial assist9 ance to eligible entities to carry out projects designed to

10 prevent juvenile delinquency, including—

11 ‘‘(1) educational projects or supportive services

12 for delinquent or other juveniles—

13 ‘‘(A) to encourage juveniles to remain in

14 elementary and secondary schools or in alter15 native learning situations in educational set16 tings;

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

18 in making the transition to the world of work

19 and self-sufficiency;

20 ‘‘(C) to assist in identifying learning dif21 ficulties (including learning disabilities);

22 ‘‘(D) to prevent unwarranted and arbitrary

23 suspensions and expulsions;
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1 ‘‘(E) to encourage new approaches and

2 techniques with respect to the prevention of

3 school violence and vandalism;

4 ‘‘(F) that assist law enforcement personnel

5 and juvenile justice personnel to more effec6 tively recognize and provide for learning-dis7 abled and other disabled juveniles;

8 ‘‘(G) that develop locally coordinated poli9 cies and programs among education, juvenile

10 justice, public recreation, and social service

11 agencies; or

12 ‘‘(H) to provide services to juveniles with

13 serious mental and emotional disturbances

14 (SED) who are in need of mental health serv15 ices;

16 ‘‘(2) projects that provide support and treat17 ment to—

18 ‘‘(A) juveniles who are at risk of delin19 quency because they are the victims of child

20 abuse or neglect; and

21 ‘‘(B) juvenile offenders who are victims of

22 child abuse or neglect and to their families, in

23 order to reduce the likelihood that such juvenile

24 offenders will commit subsequent violations of

25 law;
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1 ‘‘(3) to develop, implement or operate projects

2 for the prevention or reduction of truancy through

3 partnerships between local education agencies, local

4 law enforcement, and, as appropriate, other commu5 nity groups;

6 ‘‘(4) projects that support State and local pro7 grams to prevent juvenile delinquency by providing

8 for—

9 ‘‘(A) assessments by qualified mental

10 health professionals of incarcerated juveniles

11 who are suspected of being in need of mental

12 health services;

13 ‘‘(B) the development of individualized

14 treatment plans for juveniles determined to be

15 in need of mental health services pursuant to

16 assessments under subparagraph (A);

17 ‘‘(C) the inclusion of discharge plans for

18 incarcerated juveniles determined to be in need

19 of mental health services; and

20 ‘‘(D) requirements that all juveniles receiv21 ing psychotropic medication be under the care

22 of a licensed mental health professional;

23 ‘‘(5) one-on-one mentoring projects that are de24 signed to link at-risk juveniles and juvenile offenders

25 who did not commit serious crime, particularly juve-
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1 niles residing in high-crime areas and juveniles expe2 riencing educational failure, with responsible adults

3 (such as law enforcement officers, adults working

4 with local businesses, public recreation staff, and

5 adults working for community-based organizations

6 and agencies) who are properly screened and trained

7 and that—

8 ‘‘(A) the State establish criteria to assess

9 the quality of those one-on-one mentoring

10 projects;

11 ‘‘(B) the Administrator develop an annual

12 report on the best mentoring practices in those

13 projects; and

14 ‘‘(C) the State choose exemplary projects,

15 designated Gold Star Mentoring Projects, to re16 ceive preferential access to funding;

17 ‘‘(6) community-based projects and services (in18 cluding literacy and social service programs) that

19 work with juvenile offenders, including those from

20 families with limited English-speaking proficiency,

21 their parents, their siblings, and other family mem22 bers during and after incarceration of the juvenile

23 offenders, in order to strengthen families, to allow

24 juvenile offenders to remain in their homes, and to
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1 prevent the involvement of other juvenile family

2 members in delinquent activities;

3 ‘‘(7) projects designed to provide for the treat4 ment of juveniles for dependence on or abuse of al5 cohol, drugs, or other harmful substances, giving

6 priority to juveniles who have been arrested for an

7 alleged act of juvenile delinquency or adjudicated de8 linquent;

9 ‘‘(8) projects that leverage funds to provide

10 scholarships for postsecondary education and train11 ing for low-income juveniles who reside in neighbor12 hoods with high rates of poverty, violence, and drug13 related crimes;

14 ‘‘(9) projects (including school- or community15 based projects) that are designed to prevent, and re16 duce the rate of, the participation of juveniles in

17 gangs that commit crimes (particularly violent

18 crimes), that unlawfully use firearms and other

19 weapons, or that unlawfully traffic in drugs and that

20 involve, to the extent practicable, families and other

21 community members (including law enforcement per22 sonnel and members of the business community) in

23 the activities conducted under such projects, includ24 ing youth violence courts targeted to juveniles aged

25 14 and younger;
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1 ‘‘(10) comprehensive juvenile justice and delin2 quency prevention projects that meet the needs of

3 juveniles through the collaboration of the many local

4 service systems juveniles encounter, including

5 schools, child abuse and neglect courts, courts, law

6 enforcement agencies, child protection agencies,

7 mental health agencies, welfare services, health care

8 agencies, public recreation agencies, and private

9 nonprofit agencies offering services to juveniles;

10 ‘‘(11) to develop, implement, and support, in

11 conjunction with public and private agencies, organi12 zations, and businesses, projects for the employment

13 of juveniles and referral to job training programs

14 (including referral to Federal job training pro15 grams);

16 ‘‘(12) delinquency prevention activities that in17 volve youth clubs, sports, recreation and parks, peer

18 counseling and teaching, the arts, leadership devel19 opment, community service, volunteer service,

20 before- and after-school programs, violence preven21 tion activities, mediation skills training, camping,

22 environmental education, ethnic or cultural enrich23 ment, tutoring, and academic enrichment;

24 ‘‘(13) to establish policies and systems to incor25 porate relevant child protective services records into
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1 juvenile justice records for purposes of establishing

2 treatment plans for juvenile offenders;

3 ‘‘(14) family strengthening activities, such as

4 mutual support groups for parents and their chil5 dren and postadoption services for families who

6 adopt children with special needs;

7 ‘‘(15) adoptive parent recruitment activities tar8 geted at recruiting permanent adoptive families for

9 older children and children with special needs in the

10 foster care system who are at risk of entering the ju11 venile justice system;

12 ‘‘(16) projects to coordinate the delivery of ado13 lescent mental health and substance abuse services

14 to children at risk by coordinating councils composed

15 of public and private service providers;

16 ‘‘(17) partnerships between State educational

17 agencies and local educational agencies for the de18 sign and implementation of character education and

19 training programs that incorporate the following ele20 ments of character: Caring, citizenship, fairness, re21 spect, responsibility and trustworthiness;

22 ‘‘(18) programs for positive youth development

23 that provide youth at risk of delinquency with—
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1 ‘‘(A) an ongoing relationship with a caring

2 adult (for example, mentor, tutor, coach, or

3 shelter youth worker);

4 ‘‘(B) safe places and structured activities

5 during nonschool hours;

6 ‘‘(C) a healthy start;

7 ‘‘(D) a marketable skill through effective

8 education; and

9 ‘‘(E) an opportunity to give back through

10 community service;

11 ‘‘(19) projects that use neighborhood courts or

12 panels that increase victim satisfaction and require

13 juveniles to make restitution, or perform community

14 service, for the damage caused by their delinquent

15 acts;

16 ‘‘(20) programs designed and operated to pro17 vide eligible offenders with an alternative to adju18 dication that emphasizes restorative justice;

19 ‘‘(21) projects that expand the use of probation

20 officers—

21 ‘‘(A) particularly for the purpose of per22 mitting nonviolent juvenile offenders, including

23 status offenders, to remain at home with their

24 families as an alternative to detention; and
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1 ‘‘(B) to ensure that juveniles follow the

2 terms of their probation; and

3 ‘‘(22) projects that provide for initial intake

4 screening, which may include drug testing, of each

5 juvenile taken into custody—

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

7 juvenile will commit a subsequent offense; and

8 ‘‘(B) to provide appropriate interventions

9 to prevent such juvenile from committing subse10 quent offenses.

11 ‘‘(b) ELIGIBILITY OF STATES.—

12 ‘‘(1) APPLICATION.—To be eligible to receive a

13 grant under subsection (a), a State shall submit to

14 the Administrator an application that contains the

15 following:

16 ‘‘(A) An assurance that the State will

17 use—

18 ‘‘(i) not more than 5 percent of such

19 grant, in the aggregate, for—

20 ‘‘(I) the costs incurred by the

21 State to carry out this part; and

22 ‘‘(II) to evaluate, and provide

23 technical assistance relating to,

24 projects and activities carried out with

25 funds provided under this part; and
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1 ‘‘(ii) the remainder of such grant to

2 make grants under subsection (c).

3 ‘‘(B) An assurance that, and a detailed de4 scription of how, such grant will support, and

5 not supplant State and local efforts to prevent

6 juvenile delinquency.

7 ‘‘(C) An assurance that such application

8 was prepared after consultation with and par9 ticipation by—

10 ‘‘(i) community-based organizations

11 that carry out programs, projects, or ac12 tivities to prevent juvenile delinquency; and

13 ‘‘(ii) police, sheriff, prosecutors, State

14 or local probation services, juvenile courts,

15 schools, public recreation agencies, busi16 nesses, and religious affiliated fraternal,

17 nonprofit, and social service organizations

18 involved in crime prevention.

19 ‘‘(D) An assurance that each eligible entity

20 described in subsection (c)(1) that receives an

21 initial grant under subsection (c) to carry out

22 a project or activity shall also receive an assur23 ance from the State that such entity will receive

24 from the State, for the subsequent fiscal year to

25 carry out such project or activity, a grant under
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1 such section in an amount that is proportional,

2 based on such initial grant and on the amount

3 of the grant received under subsection (a) by

4 the State for such subsequent fiscal year, but

5 that does not exceed the amount specified for

6 such subsequent fiscal year in such application

7 as approved by the State.

8 ‘‘(E) An assurance that each eligible entity

9 described in subsection (c)(1) that receives a

10 grant to carry out a project or activity under

11 subsection (c) has agreed to provide a 50 per12 cent match of the amount of the grant, includ13 ing the value of in-kind contributions to fund

14 the project or activity, except that the Adminis15 trator may for good cause reduce the matching

requirement to 331 16 ⁄3 percent for economically

17 disadvantaged communities.

18 ‘‘(F) An assurance that projects or activi19 ties funded by a grant under subsection (a)

20 shall be carried out through or in coordination

21 with a court with a juvenile crime or delin22 quency docket.

23 ‘‘(G) An assurance that of the grant funds

24 remaining after administrative costs are de25 ducted consistent with subparagraph (A)—
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1 ‘‘(i) not less than 80 percent shall be

2 used for the purposes designated in para3 graphs (1) through (18) of subsection (a);

4 and

5 ‘‘(ii) not less than 20 percent shall be

6 used for the purposes in paragraphs (19)

7 through (22) of subsection (a).

8 ‘‘(H) Such other information as the Ad9 ministrator may reasonably require by rule.

10 ‘‘(2) APPROVAL OF APPLICATIONS.—

11 ‘‘(A) APPROVAL REQUIRED.—Subject to

12 subparagraph (A), the Administrator shall ap13 prove an application, and amendments to such

14 application submitted in subsequent fiscal

15 years, that satisfy the requirements of para16 graph (1).

17 ‘‘(B) LIMITATION.—The Administrator

18 may not approve such application (including

19 amendments to such application) for a fiscal

20 year unless—

21 ‘‘(i)(I) the State submitted a plan

22 under section 222 for such fiscal year; and

23 ‘‘(II) such plan is approved by the Ad24 ministrator for such fiscal year; or
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1 ‘‘(ii) the Administrator waives the ap2 plication of clause (i) to such State for

3 such fiscal year, after finding good cause

4 for such a waiver.

5 ‘‘(c) GRANTS FOR LOCAL PROJECTS.—

6 ‘‘(1) SELECTION FROM AMONG APPLICA7 TIONS.—

8 ‘‘(A) IN GENERAL.—Using a grant re9 ceived under subsection (a), a State may make

10 grants to eligible entities whose applications are

11 received by the State in accordance with para12 graph (2) to carry out projects and activities

13 described in subsection (a).

14 ‘‘(B) SPECIAL CONSIDERATION.—For pur15 poses of making such grants, the State shall

16 give special consideration to eligible entities

17 that—

18 ‘‘(i) propose to carry out such projects

19 in geographical areas in which there is—

20 ‘‘(I) a disproportionately high

21 level of serious crime committed by

22 juveniles; or

23 ‘‘(II) a recent rapid increase in

24 the number of nonstatus offenses

25 committed by juveniles;
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1 ‘‘(ii)(I) agree to carry out such

2 projects or activities that are multidisci3 plinary and involve 2 or more eligible enti4 ties; or

5 ‘‘(II) represent communities that have

6 a comprehensive plan designed to identify

7 at-risk juveniles and to prevent or reduce

8 the rate of juvenile delinquency, and that

9 involve other entities operated by individ10 uals who have a demonstrated history of

11 involvement in activities designed to pre12 vent juvenile delinquency; and

13 ‘‘(iii) state the amount of resources

14 (in cash or in kind) such entities will pro15 vide to carry out such projects and activi16 ties.

17 ‘‘(2) RECEIPT OF APPLICATIONS.—

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), a unit of local government shall sub20 mit to the State simultaneously all applications

21 that are—

22 ‘‘(i) timely received by such unit from

23 eligible entities; and

24 ‘‘(ii) determined by such unit to be

25 consistent with a current plan formulated
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1 by such unit for the purpose of preventing,

2 and reducing the rate of, juvenile delin3 quency in the geographical area under the

4 jurisdiction of such unit.

5 ‘‘(B) DIRECT SUBMISSION.—If an applica6 tion submitted to such unit by an eligible entity

7 satisfies the requirements specified in clauses

8 (i) and (ii) of subparagraph (A), such entity

9 may submit such application directly to the

10 State.

11 ‘‘(d) ELIGIBILITY OF ENTITIES.—

12 ‘‘(1) ELIGIBILITY.—Subject to paragraph (2)

13 and except as provided in paragraph (3), to be eligi14 ble to receive a grant under subsection (c), a com15 munity-based organization, local juvenile justice sys16 tem officials (including prosecutors, police officers,

17 judges, probation officers, parole officers, and public

18 defenders), local education authority (as defined in

19 section 14101 of the Elementary and Secondary

20 Education Act of 1965 and including a school within

21 such authority), local recreation agency, nonprofit

22 private organization (including a faith-based organi23 zation), unit of local government, or social service

24 provider, and/or other entity with a demonstrated

25 history of involvement in the prevention of juvenile
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1 delinquency, shall submit to a unit of local govern2 ment an application that contains the following:

3 ‘‘(A) An assurance that such applicant will

4 use such grant, and each such grant received

5 for the subsequent fiscal year, to carry out

6 throughout a 2-year period a project or activity

7 described in reasonable detail, and of a kind de8 scribed in 1 or more of paragraphs (1) through

9 (22) of subsection (a) as specified in, such ap10 plication.

11 ‘‘(B) A statement of the particular goals

12 such project or activity is designed to achieve,

13 and the methods such entity will use to achieve,

14 and assess the achievement of, each of such

15 goals.

16 ‘‘(C) A statement identifying the research

17 (if any) such entity relied on in preparing such

18 application.

19 ‘‘(2) REVIEW AND SUBMISSION OF APPLICA20 TIONS.—Except as provided in paragraph (3), an en21 tity shall not be eligible to receive a grant under

22 subsection (c) unless—

23 ‘‘(A) such entity submits to a unit of local

24 government an application that—
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1 ‘‘(i) satisfies the requirements speci2 fied in subsection (a); and

3 ‘‘(ii) describes a project or activity to

4 be carried out in the geographical area

5 under the jurisdiction of such unit; and

6 ‘‘(B) such unit determines that such

7 project or activity is consistent with a current

8 plan formulated by such unit for the purpose of

9 preventing, and reducing the rate of, juvenile

10 delinquency in the geographical area under the

11 jurisdiction of such unit.

12 ‘‘(3) LIMITATION.—If an entity that receives a

13 grant under subsection (c) to carry out a project or

14 activity for a 2-year period, and receives technical

15 assistance from the State or the Administrator after

16 requesting such technical assistance (if any), fails to

17 demonstrate, before the expiration of such 2-year pe18 riod, that such project or such activity has achieved

19 substantial success in achieving the goals specified in

20 the application submitted by such entity to receive

21 such grants, then such entity shall not be eligible to

22 receive any subsequent grant under such section to

23 continue to carry out such project or activity.

24 ‘‘(e) REPORTING REQUIREMENT.—Not later than

25 180 days after the last day of each fiscal year, the Admin-
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1 istrator shall submit to the Chairman of the Committee

2 on Education and the Workforce of the House of Rep3 resentatives and the Chairman of the Committee on the

4 Judiciary of the Senate a report, which shall—

5 ‘‘(1) describe activities and accomplishments of

6 grant activities funded under this section;

7 ‘‘(2) describe procedures followed to dissemi8 nate grant activity products and research findings;

9 ‘‘(3) describe activities conducted to develop

10 policy and to coordinate Federal agency and inter11 agency efforts related to delinquency prevention;

12 ‘‘(4) identify successful approaches and making

13 the recommendations for future activities to be con14 ducted under this section; and

15 ‘‘(5) describe, on a State-by-State basis, the

16 total amount of matching contributions made by

17 States and eligible entities for activities funded

18 under this section.

19 ‘‘(f) RESEARCH AND EVALUATION.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), of the amount made available to carry out

22 this section in each fiscal year, the Administrator

23 shall use the lesser of 5 percent or $5,000,000 for

24 research, statistics, and evaluation activities carried
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1 out in conjunction with the grant programs under

2 this section.

3 ‘‘(2) EXCEPTION.—No amount shall be avail4 able as provided in paragraph (1) for a fiscal year,

5 if amounts are made available for that fiscal year for

6 the National Institute of Justice for evaluation re7 search of juvenile delinquency programs pursuant to

8 subsection (b)(6) or (c)(6) of section 313.

9 ‘‘SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.

10 ‘‘(a) GRANT PROGRAM.—The Administrator may

11 make grants to Indian tribes (as defined in section 4(e)

12 of the Indian Self-Determination and Education Assist13 ance Act) and national, Statewide, or community-based,

14 nonprofit organizations in crime prone areas, (such as

15 Boys and Girls Clubs, Police Athletic Leagues, 4–H Clubs,

16 YWCA, YMCA, Big Brothers and Big Sisters, and Kids

17 ’N Kops programs) for the purposes of—

18 ‘‘(1) providing constructive activities to youth

19 during after school hours, weekends, and school va20 cations;

21 ‘‘(2) providing supervised activities in safe envi22 ronments to youth in those areas, including activities

23 through parks and other recreation areas; and
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1 ‘‘(3) providing anti-alcohol and other drug edu2 cation to prevent alcohol and other drug abuse

3 among youth.

4 ‘‘(b) APPLICATIONS.—

5 ‘‘(1) ELIGIBILITY.—In order to be eligible to

6 receive a grant under this section, the governing

7 body of the Indian tribe or the chief operating offi8 cer of a national, Statewide, or community-based

9 nonprofit organization shall submit an application to

10 the Administrator, in such form and containing such

11 information as the Administrator may reasonably re12 quire.

13 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap14 plication submitted in accordance with paragraph

15 (1) shall include—

16 ‘‘(A) a request for a grant to be used for

17 the purposes of this section;

18 ‘‘(B) a description of the communities to

19 be served by the grant, including the nature of

20 juvenile crime, violence, and drug use in the

21 communities;

22 ‘‘(C) written assurances that Federal funds

23 received under this section will be used to sup24 plement and not supplant, non-Federal funds
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1 that would otherwise be available for activities

2 funded under this section;

3 ‘‘(D) written assurances that all activities

4 funded under this section will be supervised by

5 an appropriate number of responsible adults;

6 ‘‘(E) a plan for assuring that program ac7 tivities will take place in a secure environment

8 that is free of crime and drugs; and

9 ‘‘(F) any additional statistical or financial

10 information that the Administrator may reason11 ably require.

12 ‘‘(c) GRANT AWARDS.—In awarding grants under

13 this section, the Administrator shall consider—

14 ‘‘(1) the ability of the applicant to provide the

15 intended services;

16 ‘‘(2) the history and establishment of the appli17 cant in providing youth activities; and

18 ‘‘(3) the extent to which services will be pro19 vided in crime prone areas, including efforts to

20 achieve an equitable geographic distribution of the

21 grant awards.

22 ‘‘(d) ALLOCATION.—Of the amounts made available

23 to carry out this section—

24 ‘‘(1) 20 percent shall be for grants to national

25 or 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

8 under section 208(b) in each fiscal year, the Administrator

9 shall make grants to Indian tribes for programs pursuant

10 to the permissible purposes under section 205 and part

11 B.

12 ‘‘(b) APPLICATIONS.—

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

14 grant under this section, an Indian tribe shall sub15 mit to the Administrator an application in such form

16 and containing such information as the Adminis17 trator may by regulation require.

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

19 under paragraph (1) shall include a plan for con20 ducting projects described in section 205(a), which

21 plan shall—

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

23 performs law enforcement functions (as deter24 mined by the Secretary of the Interior);
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1 ‘‘(B) identify the juvenile justice and delin2 quency problems and juvenile delinquency pre3 vention needs to be addressed by activities con4 ducted by the Indian tribe in the area under the

5 jurisdiction of the Indian tribe with assistance

6 provided by the grant;

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

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

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

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

17 to consultation with a State advisory group)

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

19 and

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

21 be subject to such additional requirements, as

22 the Administrator may reasonably prescribe to

23 ensure the effectiveness of the grant program

24 under this section.
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1 ‘‘(c) FACTORS FOR CONSIDERATION.—In awarding

2 grants under this section, the Administrator shall

3 consider—

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

6 overall juvenile justice system of the Indian tribe;

7 and

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

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

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

12 provided by the grant.

13 ‘‘(d) GRANT AWARDS.—

14 ‘‘(1) IN GENERAL.—

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

16 provided in paragraph (2), the Administrator

17 shall annually award grants under this section

18 on a competitive basis. The Administrator shall

19 enter into a grant agreement with each grant

20 recipient under this section that specifies the

21 terms and conditions of the grant.

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

23 each grant awarded under this section shall be

24 2 years.
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1 ‘‘(2) EXCEPTION.—In any case in which the

2 Administrator determines that a grant recipient

3 under this section has performed satisfactorily dur4 ing the preceding year in accordance with an appli5 cable grant agreement, the Administrator may—

6 ‘‘(A) waive the requirement that the recipi7 ent be subject to the competitive award process

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

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

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

11 ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad12 ministrator may prescribe requirements to provide

13 for appropriate modifications to the plan preparation

14 and application process specified in subsection (b)

15 for an application for a renewal grant under para16 graph (2)(B).

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

18 that receives a grant under this section shall be subject

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

20 the Indian Self-Determination and Education Assistance

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

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

23 31, United States Code.

24 ‘‘(f) MATCHING REQUIREMENT.—Funds appro25 priated by Congress for the activities of any agency of an
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1 Indian tribal government or the Bureau of Indian Affairs

2 performing law enforcement functions on any Indian lands

3 may be used to provide the non-Federal share of any pro4 gram or project with a matching requirement funded

5 under this section.

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

7 reserved under section 208(b) in each fiscal year, the Ad8 ministrator may reserve 1 percent for the purpose of pro9 viding technical assistance to recipients of grants under

10 this section.

11 ‘‘SEC. 208. ALLOCATION OF GRANTS.

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

13 and (d), the amount allocated under section 291 to carry

14 out section 205 in each fiscal year shall be allocated to

15 the States as follows:

16 ‘‘(1) 0.5 percent shall be allocated to each eligi17 ble State.

18 ‘‘(2) The amount remaining after the allocation

19 under subparagraph (A) shall be allocated among el20 igible States as follows:

21 ‘‘(A) 50 percent of such amount shall be

22 allocated proportionately based on the juvenile

23 population in the eligible States.

24 ‘‘(B) 50 percent of such amount shall be

25 allocated proportionately based on the annual
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1 average number of arrests for serious crimes

2 committed in the eligible States by juveniles

3 during the then most recently completed period

4 of 3 consecutive calendar years for which suffi5 cient information is available to the Adminis6 trator.

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

8 any other provision of law, from the amounts allocated

9 under section 291 to carry out section 205 and part B

10 in each fiscal year—

11 ‘‘(1) the Administrator shall reserve an amount

12 equal to the amount which all Indian tribes that

13 qualify for a grant under section 207 would collec14 tively be entitled, if such tribes were collectively

15 treated as a State for purposes of subsection (a);

16 and

17 ‘‘(2) the Administrator shall reserve 5 percent

18 to make grants to States under section 209.

19 ‘‘(c) EXCEPTION.—The amount allocated to the Vir20 gin Islands of the United States, Guam, American Samoa,

21 the Trust Territory of the Pacific Islands, and the Com22 monwealth of the Northern Mariana Islands shall be not

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

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

25 government, or eligible unit that receives funds under this
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1 part may not use more than 5 percent of those funds to

2 pay for administrative costs.

3 ‘‘SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS

4 SUSPECTED OF IMMINENT SCHOOL VIO5 LENCE.

6 ‘‘(a) IN GENERAL.—Grants under this section shall

7 be known as ‘CRISIS Grants’.

8 ‘‘(b) AUTHORITY TO MAKE GRANTS.—From the

9 amounts reserved by the Administrator under section

10 208(b)(2), the Administrator shall make a grant to each

11 State in an amount determined under subsection (d), for

12 use in accordance with subsection (c).

13 ‘‘(c) USE OF GRANT AMOUNTS.—Amounts made

14 available to a State under a grant under this section may

15 be used by the State—

16 ‘‘(1) to support the independent State develop17 ment and operation of confidential, toll-free tele18 phone hotlines that will operate 7 days per week, 24

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

20 officials, and other individuals with the opportunity

21 to report specific threats of imminent school violence

22 or to report other suspicious or criminal conduct by

23 juveniles to appropriate State and local law enforce24 ment entities for investigation;
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1 ‘‘(2) to ensure proper State training of per2 sonnel who answer and respond to telephone calls to

3 hotlines described in paragraph (1);

4 ‘‘(3) to assist in the acquisition of technology

5 necessary to enhance the effectiveness of hotlines de6 scribed in paragraph (1), including the utilization of

7 Internet web-pages or resources;

8 ‘‘(4) to enhance State efforts to offer appro9 priate counseling services to individuals who call a

10 hotline described in paragraph (1) threatening to do

11 harm to themselves or others; and

12 ‘‘(5) to further State efforts to publicize the

13 services offered by the hotlines described in para14 graph (1) and to encourage individuals to utilize

15 those services.

16 ‘‘(d) ALLOCATION TO STATES.—The total amount re17 served to carry out this section in each fiscal year shall

18 be allocated to each State based on the proportion of the

19 population of the State that is less than 18 years of age.

20 ‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND

21 LOCAL PROGRAMS

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

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

24 grants to States and units of local government, or com25 binations thereof, to assist them in planning, establishing,
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1 operating, coordinating, and evaluating projects directly or

2 through grants and contracts with public and private

3 agencies for the development of more effective education,

4 training, research, prevention, diversion, treatment, and

5 rehabilitation programs in the area of juvenile delinquency

6 and programs to improve the juvenile justice system.

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

8 ‘‘(1) IN GENERAL.—With not to exceed 2 per9 cent of the funds available in a fiscal year to carry

10 out this part, the Administrator shall make grants

11 to and enter into contracts with public and private

12 agencies, organizations, and individuals to provide

13 training and technical assistance to States, units of

14 local governments (and combinations thereof), and

15 local private agencies to facilitate compliance with

16 section 222 and implementation of the State plan

17 approved under section 222(c).

18 ‘‘(2) ELIGIBLE RECIPIENTS.—Grants may be

19 made and contracts may be entered into under para20 graph (1) only to public and private agencies, orga21 nizations, and individuals that have experience in

22 providing such training and technical assistance. In

23 providing such training and technical assistance, the

24 recipient of a grant or contract under this subsection
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1 shall coordinate its activities with the State agency

2 described in section 222(a)(1).

3 ‘‘SEC. 222. STATE PLANS.

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

5 grants under this part, a State shall submit a plan, devel6 oped in consultation with the State Advisory Group estab7 lished by the State under subsection (b)(2)(A), for car8 rying out its purposes applicable to a 3-year period. A por9 tion of any allocation of formula grants to a State shall

10 be available to develop a State plan or for other activities

11 associated with such State plan which are necessary for

12 efficient administration, including monitoring, evaluation,

13 and one full-time staff position. The State shall submit

14 annual performance reports to the Administrator, each of

15 which shall describe progress in implementing programs

16 contained in the original plan, and amendments necessary

17 to update the plan, and shall describe the status of compli18 ance with State plan requirements. In accordance with

19 regulations that the Administrator shall prescribe, such

20 plan shall—

21 ‘‘(1) designate a State agency as the sole agen22 cy for supervising the preparation and administra23 tion of the plan;

24 ‘‘(2) contain satisfactory evidence that the

25 State agency designated in accordance with para-
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1 graph (1) has or will have authority, by legislation

2 if necessary, to implement such plan in conformity

3 with this part;

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

5 and participation of units of local government, or

6 combinations thereof, in the development of a State

7 plan that adequately takes into account the needs

8 and requests of units of local government, except

9 that nothing in the plan requirements, or any regu10 lations promulgated to carry out such requirements,

11 shall be construed to prohibit or impede the State

12 from making grants to, or entering into contracts

13 with, local private agencies, including religious orga14 nizations;

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

16 paragraph (5), provide for an equitable distribution

17 of the assistance received with the State, including

18 rural areas;

19 ‘‘(5) require that the State or unit of local gov20 ernment that is a recipient of amounts under this

21 part distributes those amounts intended to be used

22 for the prevention of juvenile delinquency and reduc23 tion of incarceration, to the extent feasible, in pro24 portion to the amount of juvenile crime committed

25 within those regions and communities;
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1 ‘‘(6) provide assurances that youth coming into

2 contact with the juvenile justice system are treated

3 equitably on the basis of gender, race, family in4 come, and disability;

5 ‘‘(7)(A) provide for—

6 ‘‘(i) an analysis of juvenile crime and de7 linquency problems (including the joining of

8 gangs that commit crimes) and juvenile justice

9 and delinquency prevention needs (including

10 educational needs) of the State (including any

11 geographical area in which an Indian tribe per12 forms law enforcement functions), a description

13 of the services to be provided, and a description

14 of performance goals and priorities, including a

15 specific statement of the manner in which pro16 grams are expected to meet the identified juve17 nile crime problems (including the joining of

18 gangs that commit crimes) and juvenile justice

19 and delinquency prevention needs (including

20 educational needs) of the State;

21 ‘‘(ii) an indication of the manner in which

22 the programs relate to other similar State or

23 local programs that are intended to address the

24 same or similar problems; and
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1 ‘‘(iii) a plan for the concentration of State

2 efforts, which shall coordinate all State juvenile

3 crime control, prevention, and delinquency pro4 grams with respect to overall policy and devel5 opment of objectives and priorities for all State

6 juvenile crime control and delinquency pro7 grams and activities, including provision for

8 regular meetings of State officials with respon9 sibility in the area of juvenile justice and delin10 quency prevention;

11 ‘‘(B) contain—

12 ‘‘(i) a plan for providing needed gender13 specific services for the prevention and treat14 ment of juvenile delinquency;

15 ‘‘(ii) a plan for providing needed services

16 for the prevention and treatment of juvenile de17 linquency in rural areas; and

18 ‘‘(iii) a plan for providing needed mental

19 health services to juveniles in the juvenile jus20 tice system;

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

22 utilization of existing juvenile delinquency programs,

23 programs operated by public and private agencies

24 and organizations, and other related programs (such
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1 as education, special education, recreation, health,

2 and welfare programs) in the State;

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

4 research, training, and evaluation capacity within

5 the State;

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

7 the funds available to the State under section 221,

8 other than funds made available to the State advi9 sory group under this section, whether expended di10 rectly by the State, by the unit of local government,

11 or by a combination thereof, or through grants and

12 contracts with public or private nonprofit agencies,

13 shall be used for—

14 ‘‘(A) community-based alternatives (includ15 ing home-based alternatives) to incarceration

16 and institutionalization, including—

17 ‘‘(i) for youth who need temporary

18 placement: crisis intervention, shelter, and

19 after-care; and

20 ‘‘(ii) for youth who need residential

21 placement: a continuum of foster care or

22 group home alternatives that provide ac23 cess to a comprehensive array of services;

24 ‘‘(B) programs that assist in holding juve25 niles accountable for their actions, including the
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1 use of graduated sanctions and of neighborhood

2 courts or panels that increase victim satisfac3 tion and require juveniles to make restitution

4 for the damage caused by their delinquent be5 havior;

6 ‘‘(C) comprehensive juvenile crime control

7 and delinquency prevention programs that meet

8 the needs of youth through the collaboration of

9 the many local systems before which a youth

10 may appear, including schools, courts, law en11 forcement agencies, child protection agencies,

12 mental health agencies, welfare services, health

13 care agencies, public recreation agencies, and

14 private nonprofit agencies offering youth serv15 ices;

16 ‘‘(D) programs that provide treatment to

17 juvenile offenders who are victims of child

18 abuse or neglect, and to their families, in order

19 to reduce the likelihood that such juvenile of20 fenders will commit subsequent violations of

21 law;

22 ‘‘(E) educational programs or supportive

23 services for delinquent or other juveniles—
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1 ‘‘(i) to encourage juveniles to remain

2 in elementary and secondary schools or in

3 alternative learning situations;

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

6 of work and self-sufficiency; and

7 ‘‘(iii) enhance coordination with the

8 local schools that such juveniles would oth9 erwise attend, to ensure that—

10 ‘‘(I) the instruction that juveniles

11 receive outside school is closely

12 aligned with the instruction provided

13 in school; and

14 ‘‘(II) information regarding any

15 learning problems identified in such

16 alternative learning situations are

17 communicated to the schools;

18 ‘‘(F) expanding the use of probation

19 officers—

20 ‘‘(i) particularly for the purpose of

21 permitting nonviolent juvenile offenders

22 (including status offenders) to remain at

23 home with their families as an alternative

24 to incarceration or institutionalization; and
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1 ‘‘(ii) to ensure that juveniles follow

2 the terms of their probation;

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

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

6 high-crime areas and juveniles experiencing

7 educational failure, with responsible adults

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

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

12 ‘‘(H) programs designed to develop and

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

16 services, law enforcement, and juvenile justice

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

19 with disabilities;

20 ‘‘(I) projects designed both to deter in21 volvement in illegal activities and to promote in22 volvement in lawful activities on the part of

23 gangs whose membership is substantially com24 posed of youth;
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1 ‘‘(J) programs and projects designed to

2 provide for the treatment of youths’ dependence

3 on or abuse of alcohol or other addictive or non4 addictive drugs;

5 ‘‘(K) boot camps for juvenile offenders;

6 ‘‘(L) community-based programs and serv7 ices to work with juveniles, their parents, and

8 other family members during and after incar9 ceration in order to strengthen families so that

10 such juveniles may be retained in their homes;

11 ‘‘(M) other activities (such as court-ap12 pointed advocates) that the State determines

13 will hold juveniles accountable for their acts

14 and decrease juvenile involvement in delinquent

15 activities;

16 ‘‘(N) establishing policies and systems to

17 incorporate relevant child protective services

18 records into juvenile justice records for pur19 poses of establishing treatment plans for juve20 nile offenders;

21 ‘‘(O) programs (including referral to lit22 eracy programs and social service programs) to

23 assist families with limited English-speaking

24 ability that include delinquent juveniles to over25 come language and other barriers that may pre-
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1 vent the complete treatment of such juveniles

2 and the preservation of their families;

3 ‘‘(P) programs that utilize multidisci4 plinary interagency case management and infor5 mation sharing, that enable the juvenile justice

6 and law enforcement agencies, schools, and so7 cial service agencies to make more informed de8 cisions regarding early identification, control,

9 supervision, and treatment of juveniles who re10 peatedly commit violent or serious delinquent

11 acts;

12 ‘‘(Q) programs designed to prevent and re13 duce hate crimes committed by juveniles;

14 ‘‘(R) court supervised initiatives that ad15 dress the illegal possession of firearms by juve16 niles; and

17 ‘‘(S) programs for positive youth develop18 ment that provide delinquent youth and youth

19 at-risk of delinquency with—

20 ‘‘(i) an ongoing relationship with a

21 caring adult (for example, mentor, tutor,

22 coach, or shelter youth worker);

23 ‘‘(ii) safe places and structured activi24 ties during nonschool hours;

25 ‘‘(iii) a healthy start;
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1 ‘‘(iv) a marketable skill through effec2 tive education; and

3 ‘‘(v) an opportunity to give back

4 through community service;

5 ‘‘(11) shall provide that—

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

7 who have committed an offense that would not

8 be criminal if committed by an adult,

9 excluding—

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

11 who have committed a violation of section

12 922(x)(2) of title 18, United States Code,

13 or of a similar State law;

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

15 who have committed a violation of a valid

16 court order; and

17 ‘‘(iii) juveniles who are held in accord18 ance with the Interstate Compact on Juve19 niles as enacted by the State;

20 shall not be placed in secure detention facilities

21 or secure correctional facilities; and

22 ‘‘(B) juveniles—

23 ‘‘(i) who are not charged with any of24 fense; and

25 ‘‘(ii) who are—
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1 ‘‘(I) aliens; or

2 ‘‘(II) alleged to be dependent, ne3 glected, or abused;

4 shall not be placed in secure detention facilities

5 or secure correctional facilities;

6 ‘‘(12) provide that—

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

8 delinquent or juveniles within the purview of

9 paragraph (11) will not be detained or confined

10 in any institution in which they have prohibited

11 physical contact or sustained oral communica12 tion with adult inmates; and

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

14 that requires individuals who work with both

15 such juveniles and such adult inmates, includ16 ing in collocated facilities, have been trained

17 and certified to work with juveniles;

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

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

20 ‘‘(A) juveniles who are accused of non21 status offenses and who are detained in such

22 jail or lockup for a period not to exceed 6

23 hours—

24 ‘‘(i) for processing or release;
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1 ‘‘(ii) while awaiting transfer to a juve2 nile facility; or

3 ‘‘(iii) in which period such juveniles

4 make a court appearance;

5 ‘‘(B) juveniles who are accused of non6 status offenses, who are awaiting an initial

7 court appearance that will occur within 48

8 hours after being taken into custody (excluding

9 Saturdays, Sundays, and legal holidays), and

10 who are detained or confined in a jail or

11 lockup—

12 ‘‘(i) in which—

13 ‘‘(I) such juveniles do not have

14 prohibited physical contact or sus15 tained oral communication with adult

16 inmates; and

17 ‘‘(II) there is in effect in the

18 State a policy that requires individ19 uals who work with both such juve20 niles and such adult inmates, includ21 ing in collocated facilities, have been

22 trained and certified to work with ju23 veniles; and

24 ‘‘(ii) that—
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1 ‘‘(I) is located outside a metro2 politan statistical area (as defined by

3 the Office of Management and Budg4 et) and has no existing acceptable al5 ternative placement available;

6 ‘‘(II) is located where conditions

7 of distance to be traveled or the lack

8 of highway, road, or transportation do

9 not allow for court appearances within

10 48 hours (excluding Saturdays, Sun11 days, and legal holidays) so that a

12 brief (not to exceed an additional 48

13 hours) delay is excusable; or

14 ‘‘(III) is located where conditions

15 of safety exist (such as severe adverse,

16 life-threatening weather conditions

17 that do not allow for reasonably safe

18 travel), in which case the time for an

19 appearance may be delayed until 24

20 hours after the time that such condi21 tions allow for reasonable safe travel;

22 ‘‘(C) juveniles who are accused of non23 status offenses and who are detained or con24 fined in a jail or lockup that satisfies the re25 quirements of subparagraph (B)(i) if—
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1 ‘‘(i) such jail or lockup—

2 ‘‘(I) is located outside a metro3 politan statistical area (as defined by

4 the Office of Management and Budg5 et); and

6 ‘‘(II) has no existing acceptable

7 alternative placement available;

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

9 (or guardian ad litem) of the juvenile in10 volved consents to detaining or confining

11 such juvenile in accordance with this sub12 paragraph and the parent has the right to

13 revoke such consent at any time;

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

15 counsel representing such juvenile has an

16 opportunity to present the juvenile’s posi17 tion regarding the detention or confine18 ment involved to the court before the court

19 finds that such detention or confinement is

20 in the best interest of such juvenile and

21 approves such detention or confinement;

22 and

23 ‘‘(iv) detaining or confining such juve24 nile in accordance with this subparagraph

25 is—
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1 ‘‘(I) approved in advance by a

2 court with competent jurisdiction;

3 ‘‘(II) required to be reviewed pe4 riodically, at intervals of not more

5 than 5 days (excluding Saturdays,

6 Sundays, and legal holidays), by such

7 court for the duration of detention or

8 confinement, which review may be in

9 the presence of the juvenile; and

10 ‘‘(III) for a period preceding the

11 sentencing (if any) of such juvenile;

12 ‘‘(14) provide assurances that consideration will

13 be given to and that assistance will be available for

14 approaches designed to strengthen the families of

15 delinquent and other youth to prevent juvenile delin16 quency (which approaches should include the involve17 ment of grandparents or other extended family

18 members, when possible, and appropriate and the

19 provision of family counseling during the incarcer20 ation of juvenile family members and coordination of

21 family services when appropriate and feasible);

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

23 for protecting the rights of recipients of services and

24 for assuring appropriate privacy with regard to
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1 records relating to such services provided to any in2 dividual under the State plan;

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

4 accounting procedures necessary to assure prudent

5 use, proper disbursement, and accurate accounting

6 of funds received under this title;

7 ‘‘(17) provide reasonable assurances that Fed8 eral funds made available under this part for any pe9 riod shall be so used as to supplement and increase

10 (but not supplant) the level of the State, local, and

11 other non-Federal funds that would in the absence

12 of such Federal funds be made available for the pro13 grams described in this part, and shall in no event

14 replace such State, local, and other non-Federal

15 funds;

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

17 under paragraph (1) will, not less often than annu18 ally, review its plan and submit to the Administrator

19 an analysis and evaluation of the effectiveness of the

20 programs and activities carried out under the plan,

21 and any modifications in the plan, including the sur22 vey of State and local needs, that the agency con23 siders necessary;

24 ‘‘(19) provide assurances that the State or each

25 unit of local government that is a recipient of
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1 amounts under this part require that any person

2 convicted of a sexual act or sexual contact involving

3 any other person who has not attained the age of 18

4 years, and who is not less than 4 years younger than

5 such convicted person, be tested for the presence of

6 any sexually transmitted disease and that the results

7 of such test be provided to the victim or to the fam8 ily of the victim as well as to any court or other gov9 ernment agency with primary authority for sen10 tencing the person convicted for the commission of

11 the sexual act or sexual contact (as those terms are

12 defined in paragraphs (2) and (3), respectively, of

13 section 2246 of title 18, United States Code) involv14 ing a person not having attained the age of 18

15 years;

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

17 custody for violating a valid court order issued for

18 committing a status offense—

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

20 promptly notified that such juvenile is held in

21 custody for violating such order;

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

23 such juvenile is so held, an authorized rep24 resentative of such agency shall interview, in

25 person, such juvenile; and
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1 ‘‘(C) not later than 48 hours during which

2 such juvenile is so held—

3 ‘‘(i) such representative shall submit

4 an assessment to the court that issued

5 such order, regarding the immediate needs

6 of such juvenile; and

7 ‘‘(ii) such court shall conduct a hear8 ing to determine—

9 ‘‘(I) whether there is reasonable

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

12 ‘‘(II) the appropriate placement

13 of such juvenile pending disposition of

14 the violation alleged;

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

17 will reserve for expenditure by the State to provide

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

20 units;

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

22 extent practicable, will implement a system to ensure

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

25 child protective services records) relating to such ju-
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1 venile that are on file in the geographical area under

2 the jurisdiction of such court will be made known to

3 such court;

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

5 are waived at the discretion of the Administrator for

6 any State in which the services for delinquent or

7 other youth are organized primarily on a statewide

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

10 funds made available to the State advisory group,

11 shall be expended—

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

13 local government or combinations thereof, to

14 the extent such programs are consistent with

15 the State plan; and

16 ‘‘(B) through programs of local private

17 agencies, to the extent such programs are con18 sistent with the State plan, except that direct

19 funding of any local private agency by a State

20 shall be permitted only if such agency requests

21 such funding after it has applied for and been

22 denied funding by any unit of general local gov23 ernment or combination thereof;

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

25 tribunals and peer ‘juries’ in school districts in the
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1 State to promote zero tolerance policies with respect

2 to misdemeanor offenses, acts of juvenile delin3 quency, and other antisocial behavior occurring on

4 school grounds, including truancy, vandalism, under5 age drinking, and underage tobacco use;

6 ‘‘(25) provide for projects to coordinate the de7 livery of adolescent mental health and substance

8 abuse services to children at risk by coordinating

9 councils composed of public and private service pro10 viders;

11 ‘‘(26) provide assurances that—

12 ‘‘(A) any assistance provided under this

13 Act will not cause the displacement (including

14 a partial displacement, such as a reduction in

15 the hours of nonovertime work, wages, or em16 ployment benefits) of any currently employed

17 employee;

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

19 not impair an existing collective bargaining re20 lationship, contract for services, or collective

21 bargaining agreement; and

22 ‘‘(C) no such activity that would be incon23 sistent with the terms of a collective bargaining

24 agreement shall be undertaken without the
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1 written concurrence of the labor organization

2 involved;

3 ‘‘(27) to the extent that segments of the juve4 nile population are shown to be detained or confined

5 in secure detention facilities, secure correctional fa6 cilities, jails, and lockups, to a greater extent than

7 the proportion of these groups in the general juve8 nile population, address prevention efforts designed

9 to reduce such disproportionate confinement, with10 out requiring the release or the failure to detain any

11 individual; and

12 ‘‘(28) demonstrate that the State has in effect

13 a policy or practice that requires State or local law

14 enforcement agencies to—

15 ‘‘(A) present before a judicial officer any

16 juvenile who unlawfully possesses a firearm in

17 a school; and

18 ‘‘(B) detain such juvenile in an appropriate

19 juvenile facility or secure community-based

20 placement for not less than 24 hours for appro21 priate evaluation, upon a finding by the judicial

22 officer that the juvenile may be a danger to

23 himself or herself, to other individuals, or to the

24 community in which that juvenile resides.

25 ‘‘(b) APPROVAL BY STATE AGENCY.—
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1 ‘‘(1) STATE AGENCY.—The State agency des2 ignated under subsection (a)(1) shall approve the

3 State plan and any modification thereof prior to

4 submission of the plan to the Administrator.

5 ‘‘(2) STATE ADVISORY GROUP.—

6 ‘‘(A) ESTABLISHMENT.—The State advi7 sory group referred to in subsection (a) shall be

8 known as the ‘State Advisory Group’. The State

9 Advisory Group shall consist of representatives

10 from both the private and public sector, each of

11 whom shall be appointed for a term of not more

12 than 6 years. The State shall ensure that mem13 bers of the State Advisory Group shall have ex14 perience in the area of juvenile delinquency pre15 vention, the prosecution of juvenile offenders,

16 the treatment of juvenile delinquency, the inves17 tigation of juvenile crimes, or the administra18 tion of juvenile justice programs, and shall in19 clude not less than 1 prosecutor and not less

20 than 1 judge from a court with a juvenile crime

21 or delinquency docket. The chairperson of the

22 State Advisory Group shall not be a full-time

23 employee of the Federal Government or the

24 State government.

25 ‘‘(B) CONSULTATION.—
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1 ‘‘(i) IN GENERAL.—The State Advi2 sory Group established under subpara3 graph (A) shall—

4 ‘‘(I) participate in the develop5 ment and review of the State plan

6 under this section before submission

7 to the supervisory agency for final ac8 tion; and

9 ‘‘(II) be afforded an opportunity

10 to review and comment, not later than

11 30 days after the submission to the

12 State Advisory Group, on all juvenile

13 justice and delinquency prevention

14 grant applications submitted to the

15 State agency designated under sub16 section (a)(1).

17 ‘‘(ii) AUTHORITY.—The State Advi18 sory Group shall report to the chief execu19 tive officer and the legislature of the State

20 on an annual basis regarding recommenda21 tions related to the State’s compliance

22 under this section.

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

24 for administrative costs, the State may make

25 available to the State Advisory Group such
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1 sums as may be necessary to assist the State

2 Advisory Group in adequately performing its

3 duties under this paragraph.

4 ‘‘(c) COMPLIANCE WITH STATUTORY REQUIRE5 MENTS.—

6 ‘‘(1) IN GENERAL.—If a State fails to comply

7 with any of the applicable requirements of para8 graph (11), (12), (13), (27), or (28) of subsection

9 (a) in any fiscal year beginning after September 30,

10 2000, the amount allocated to such State for the

11 subsequent fiscal year shall be reduced by not to ex12 ceed 10 percent for each such paragraph with re13 spect to which the failure occurs, unless the Admin14 istrator determines that the State—

15 ‘‘(A) has achieved substantial compliance

16 with such applicable requirements with respect

17 to which the State was not in compliance; and

18 ‘‘(B) has made, through appropriate execu19 tive or legislative action, an unequivocal com20 mitment to achieving full compliance with such

21 applicable requirements within a reasonable

22 time.

23 ‘‘(2) WAIVER.—The Administrator may, upon

24 request by a State showing good cause, waive the
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1 application of this subsection with respect to such

2 State.

3 ‘‘SEC. 223. ALLOCATION OF GRANTS.

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

5 and (d), the amount allocated under section 291 to carry

6 out this part in each fiscal year that remains after reserva7 tion under section 208(b) for that fiscal year shall be allo8 cated to the States as follows:

9 ‘‘(1) 0.5 percent shall be allocated to each eligi10 ble State.

11 ‘‘(2) The amount remaining after the allocation

12 under clause (i) shall be allocated proportionately

13 based on the juvenile population in the eligible

14 States.

15 ‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount al16 located under section 291 to carry out this part in each

17 fiscal year that remains after reservation under section

18 208(b) for that fiscal year, up to 10 percent may be avail19 able for use by the Administrator to provide—

20 ‘‘(1) training and technical assistance con21 sistent with the purposes authorized under sections

22 204, 205, and 221;

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

24 develop, test, and demonstrate new approaches to

25 improving the juvenile justice system and reducing,
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1 preventing, 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

6 abate delinquent behavior, juvenile crime, and youth

7 violence; 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 Vir12 gin Islands of the United States, Guam, American Samoa,

13 the Trust Territory of the Pacific Islands, and the Com14 monwealth of the Northern Mariana Islands shall be not

15 less 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

5 delinquency 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,

9 and prevention of juvenile violence and juvenile de10 linquency.

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

20 carry 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

8 and Delinquency Prevention; and

9 ‘‘(5) compensate consultants and members of

10 technical advisory councils who are not in the reg11 ular full-time employ of the United States, at a rate

12 now or hereafter payable under section 5376 of title

13 5, United States Code, and while away from home,

14 or regular place of business, they may be allowed

15 travel expenses, including per diem in lieu of subsist16 ence, as authorized by section 5703 of title 5,

17 United States Code, for persons in the Government

18 service employed 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

23 National 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 Direc5 tor, 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 Pro4 grams, and in consultation with the Director, may—

5 ‘‘(1) transfer funds to and enter into agree6 ments with the Bureau of Justice Statistics or, sub7 ject to the approval of the Assistant Attorney Gen8 eral for the Office of Justice Programs, to another

9 Federal agency authorized by law to undertake sta10 tistical work in juvenile justice matters, for the pur11 pose of providing for the collection, analysis, and

12 dissemination of statistical data and information re13 lating to juvenile crime, the juvenile justice system,

14 and youth violence, and for other purposes, con15 sistent with the Violent and Repeat Juvenile Of16 fender Accountability Act of 1999; 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 re2 search and evaluation into any aspect of juvenile de3 linquency, particularly with regard to new programs

4 and methods that show promise of making a con5 tribution toward the prevention and treatment of ju6 venile delinquency;

7 ‘‘(2) encourage the development of demonstra8 tion projects in new, innovative techniques and

9 methods to prevent and treat juvenile delinquency;

10 ‘‘(3) establish or expand programs that, in rec11 ognition of varying degrees of the seriousness of de12 linquent behavior and the corresponding gradations

13 in the responses of the juvenile justice system in re14 sponse to that behavior, are designed to—

15 ‘‘(A) encourage courts to develop and im16 plement 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, me20 diation, restitution, community service, treat21 ment, home detention, intensive supervision,

22 electronic monitoring, boot camps and similar

23 programs, and secure community-based treat24 ment facilities linked to other support services

25 such as health, mental health, education (reme-
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1 dial and special), job training, and recreation);

2 and

3 ‘‘(B) assist in the provision by the Admin4 istrator of best practices of information and

5 technical assistance, including technology trans6 fer, to States in the design and utilization of

7 risk assessment mechanisms to aid juvenile jus8 tice personnel in determining appropriate sanc9 tions for delinquent behavior;

10 ‘‘(4) encourage the development of programs

11 that, in addition to helping youth take responsibility

12 for their behavior, through control and incarceration,

13 if 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 offend18 ers who commit crimes such as rape, murder, fire19 arms offenses, gang-related crimes, violent felonies,

20 and serious 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

25 with respect to prevention of and intervention with
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1 juvenile violence and delinquency and the improve2 ment of 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

10 delinquency;

11 ‘‘(C) studies of the extent, nature, risk,

12 and protective factors, and causes of youth vio13 lence and juvenile delinquency;

14 ‘‘(D) comparisons of youth adjudicated

15 and treated by the juvenile justice system com16 pared to juveniles waived to and adjudicated by

17 the adult criminal justice system (including in18 carcerated in adult, secure correctional facili19 ties);

20 ‘‘(E) recommendations with respect to ef21 fective and ineffective primary, secondary, and

22 tertiary prevention interventions, including for

23 which juveniles, and under what circumstances

24 (including circumstances connected with the
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1 staffing of the intervention), prevention efforts

2 are effective and ineffective; and

3 ‘‘(F) assessments of risk prediction sys4 tems of juveniles used in making decisions re5 garding pretrial detention;

6 ‘‘(7) disseminate the results of such evaluations

7 and research and demonstration activities particu8 larly to persons actively working in the field of juve9 nile delinquency;

10 ‘‘(8) disseminate pertinent data and studies to

11 individuals, agencies, and organizations concerned

12 with the prevention and treatment of juvenile delin13 quency; and

14 ‘‘(9) routinely collect, analyze, compile, publish,

15 and disseminate uniform national statistics

16 concerning—

17 ‘‘(A) all aspects of juveniles as victims and

18 offenders;

19 ‘‘(B) the processing and treatment, in the

20 juvenile justice system, of juveniles who are sta21 tus offenders, delinquent, neglected, or abused;

22 and

23 ‘‘(C) the processing and treatment of such

24 juveniles who are treated as adults for purposes

25 of the criminal justice system.
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1 ‘‘(b) PUBLIC DISCLOSURE.—The Administrator or

2 the 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 ob9 jective measurements of youth violence, such as the

10 number, 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, para23 professional, and volunteer personnel, and other per24 sons who are working with or preparing to work
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1 with juveniles, juvenile offenders (including juveniles

2 who 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

6 and treating juvenile delinquency for law enforce7 ment officers, juvenile judges, prosecutors, and de8 fense attorneys, and other court personnel, probation

9 officers, correctional personnel, and other Federal,

10 State, and local government personnel who are en11 gaged in work 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

17 to assist States and units of general local govern18 ment.

19 ‘‘SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

20 ‘‘(a) IN GENERAL.—The Administrator shall estab21 lish a training program designed to train enrollees with

22 respect to methods and techniques for the prevention and

23 treatment of juvenile delinquency, including methods and

24 techniques specifically designed to prevent and reduce the

25 incidence of hate crimes committed by juveniles. In car-
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1 rying out this program the Administrator may make use

2 of available State and local services, equipment, personnel,

3 facilities, and the like.

4 ‘‘(b) QUALIFICATIONS FOR ENROLLMENT.—Enroll5 ees in the training program established under this section

6 shall be drawn from law enforcement and correctional per7 sonnel (including volunteer lay personnel), teachers and

8 special education personnel, family counselors, child wel9 fare workers, juvenile judges and judicial personnel, per10 sons associated with law-related education, public recre11 ation personnel, youth workers, and representatives of pri12 vate agencies and organizations with specific experience

13 in the prevention and treatment of juvenile delinquency.

14 ‘‘SEC. 246. REPORT ON STATUS OFFENDERS.

15 ‘‘Not later than September 1, 2002, the Adminis16 trator, through the National Institute of Justice, shall—

17 ‘‘(1) conduct a study on the effect of incarcer18 ation on status offenders compared to similarly situ19 ated individuals who are not placed in secure deten20 tion in terms of the continuation of their inappro21 priate or illegal conduct, delinquency, or future

22 criminal behavior, and evaluating the safety of sta23 tus offenders placed in secure detention; and

24 ‘‘(2) submit to the Chairman and Ranking

25 Member of the Committee on the Judiciary of the
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1 Senate and the Chairman and Ranking Member of

2 the Committee on Education and the Workforce of

3 the House of Representatives a report on the results

4 of the study conducted under paragraph (1).

5 ‘‘SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICA6 TIONS.

7 ‘‘(a) IN GENERAL.—Any agency, institution, or indi8 vidual seeking to receive a grant, or enter into a contract,

9 under section 243, 244, or 245 shall submit an application

10 at such time, in such manner, and containing or accom11 panied by such information as the Administrator or the

12 Director, as appropriate, may prescribe.

13 ‘‘(b) APPLICATION CONTENTS.—In accordance with

14 guidelines established by the Administrator or the Direc15 tor, as appropriate, each application for assistance under

16 section 243, 244, or 245 shall—

17 ‘‘(1) set forth a program for carrying out 1 or

18 more of the purposes set forth in section 243, 244,

19 or 245, and specifically identify each such purpose

20 such program is designed to carry out;

21 ‘‘(2) provide that such program shall be admin22 istered by or under the supervision of the applicant;

23 ‘‘(3) provide for the proper and efficient admin24 istration of such program;
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1 ‘‘(4) provide for regular evaluation of such pro2 gram; and

3 ‘‘(5) provide for such fiscal control and fund ac4 counting procedures as may be necessary to ensure

5 prudent use, proper disbursement, and accurate ac6 counting of funds received under this title.

7 ‘‘(c) FACTORS FOR CONSIDERATION.—In deter8 mining whether or not to approve applications for grants

9 and for contracts under this part, the Administrator or

10 the Director, as appropriate, shall consider—

11 ‘‘(1) whether the project uses appropriate and

12 rigorous methodology, including appropriate sam13 ples, control groups, psychometrically sound meas14 urement, and appropriate data analysis techniques;

15 ‘‘(2) the experience of the principal and coprin16 cipal investigators in the area of youth violence and

17 juvenile delinquency;

18 ‘‘(3) the protection offered human subjects in

19 the study, including informed consent procedures;

20 and

21 ‘‘(4) the cost-effectiveness of the proposed

22 project.

23 ‘‘(d) SELECTION PROCESS.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) COMPETITIVE PROCESS.—Subject to

2 subparagraph (B), programs selected for assist3 ance through grants or contracts under section

4 243, 244, or 245 shall be selected through a

5 competitive process, which shall be established

6 by the Administrator or the Director, as appro7 priate, by rule. As part of such a process, the

8 Administrator or the Director, as appropriate,

9 shall announce in the Federal Register—

10 ‘‘(i) the availability of funds for such

11 assistance;

12 ‘‘(ii) the general criteria applicable to

13 the selection of applicants to receive such

14 assistance; and

15 ‘‘(iii) a description of the procedures

16 applicable to submitting and reviewing ap17 plications for such assistance.

18 ‘‘(B) WAIVER.—The competitive process

19 described in subparagraph (A) shall not be re20 quired if the Administrator or the Director, as

21 appropriate, makes a written determination

22 waiving the competitive process with respect to

23 a program to be carried out in an area with re24 spect to which the President declares under the

25 Robert T. Stafford Disaster Relief and Emer-
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1 gency Assistance Act (42 U.S.C. 5121 et seq.)

2 that a major disaster or emergency exists.

3 ‘‘(2) REVIEW PROCESS.—

4 ‘‘(A) IN GENERAL.—Programs selected for

5 assistance through grants and contracts under

6 this part shall be selected after a competitive

7 process that provides potential grantees and

8 contractors with not less than 90 days to sub9 mit applications for funds. Applications for

10 funds shall be reviewed through a formal peer

11 review process by qualified scientists with ex12 pertise in the fields of criminology, juvenile de13 linquency, sociology, psychology, research meth14 odology, evaluation research, statistics, and re15 lated areas. The peer review process shall con16 form to the process used by the National Insti17 tutes of Health, the National Institute of Jus18 tice, or the National Science Foundation.

19 ‘‘(B) ESTABLISHMENT OF PROCESS.—

20 Such process shall be established by the Admin21 istrator or the Director, as appropriate, in con22 sultation with the Directors and other appro23 priate officials of the National Science Founda24 tion and the National Institute of Mental

25 Health. Before implementation of such process,
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1 the Administrator or the Director, as appro2 priate, shall submit such process to such Direc3 tors, each of whom shall prepare and furnish to

4 the Chairman of the Committee on Education

5 and the Workforce of the House of Representa6 tives and the Chairman of the Committee on

7 the Judiciary of the Senate a final report con8 taining their comments on such process as pro9 posed to be established.

10 ‘‘(3) EMERGENCY EXPEDITED CONSIDER11 ATION.—In establishing the process required under

12 paragraphs (1) and (2), the Administrator or the

13 Director, as appropriate, shall provide for emergency

14 expedited consideration of a proposed program if the

15 Administrator or the Director, as appropriate, deter16 mines such action to be necessary in order to avoid

17 a delay that would preclude carrying out the pro18 gram.

19 ‘‘(e) EFFECT OF POPULATION.—A city shall not be

20 denied assistance under section 243, 244, or 245 solely

21 on the basis of its population.

22 ‘‘(f) NOTIFICATION PROCESS.—Notification of grants

23 and contracts made under sections 243, 244, and 245

24 (and the applications submitted for such grants and con25 tracts) shall, upon being made, be transmitted by the Ad-
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1 ministrator or the Director, as appropriate, to the Chair2 man of the Committee on Education and the Workforce

3 of the House of Representatives and the Chairman of the

4 Committee on the Judiciary of the Senate.

5 ‘‘SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.

6 ‘‘(a) REQUIREMENT.—The National Institutes of

7 Health shall conduct a study of the effects of violent video

8 games and music on child development and youth violence.

9 ‘‘(b) ELEMENTS.—The study under subsection (a)

10 shall address—

11 ‘‘(1) whether, and to what extent, violence in

12 video games and music adversely affects the emo13 tional and psychological development of juveniles;

14 and

15 ‘‘(2) whether violence in video games and music

16 contributes to juvenile delinquency and youth vio17 lence.

18 ‘‘PART D—GANG-FREE SCHOOLS AND COMMU19 NITIES; COMMUNITY-BASED GANG INTER20 VENTION

21 ‘‘SEC. 251. DEFINITION OF JUVENILE.

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

23 who has not attained the age of 22 years.

24 ‘‘SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) The Administrator shall make grants to or

2 enter into contracts with public agencies (including

3 local educational agencies) and private nonprofit

4 agencies, organizations, and institutions to establish

5 and support programs and activities that involve

6 families and communities and that are designed to

7 carry out any of the following purposes:

8 ‘‘(A) To prevent and to reduce the partici9 pation of juveniles in the activities of gangs

10 that commit crimes. Such programs and activi11 ties may include—

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

13 group counseling, including the provision

14 of life skills training and preparation for

15 living independently, which shall include

16 cooperation with social services, welfare,

17 and health care programs;

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

19 services designed to address the social and

20 developmental needs of juveniles that such

21 juveniles would otherwise seek to have met

22 through membership in gangs;

23 ‘‘(iii) crisis intervention and coun24 seling to juveniles, who are particularly at

25 risk of gang involvement, and their fami-
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1 lies, including assistance from social serv2 ice, welfare, health care, mental health,

3 and substance abuse prevention and treat4 ment agencies where necessary;

5 ‘‘(iv) the organization of neighborhood

6 and community groups to work closely with

7 parents, schools, law enforcement, and

8 other public and private agencies in the

9 community; and

10 ‘‘(v) training and assistance to adults

11 who have significant relationships with ju12 veniles who are or may become members of

13 gangs, to assist such adults in providing

14 constructive alternatives to participating in

15 the activities of gangs.

16 ‘‘(B) To develop within the juvenile adju17 dicatory and correctional systems new and inno18 vative means to address the problems of juve19 niles convicted of serious drug-related and

20 gang-related offenses.

21 ‘‘(C) To target elementary school students,

22 with the purpose of steering students away

23 from gang involvement.

24 ‘‘(D) To provide treatment to juveniles

25 who are members of such gangs, including
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1 members who are accused of committing a seri2 ous crime and members who have been adju3 dicated as being delinquent.

4 ‘‘(E) To promote the involvement of juve5 niles in lawful activities in geographical areas in

6 which gangs commit crimes.

7 ‘‘(F) To promote and support, with the co8 operation of community-based organizations ex9 perienced in providing services to juveniles en10 gaged in gang-related activities and the co11 operation of local law enforcement agencies, the

12 development of policies and activities in public

13 elementary and secondary schools that will as14 sist such schools in maintaining a safe environ15 ment conducive to learning.

16 ‘‘(G) To assist juveniles who are or may

17 become members of gangs to obtain appropriate

18 educational instruction, in or outside a regular

19 school program, including the provision of coun20 seling and other services to promote and sup21 port the continued participation of such juve22 niles in such instructional programs.

23 ‘‘(H) To expand the availability of preven24 tion and treatment services relating to the ille25 gal use of controlled substances and controlled
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1 substance analogues (as defined in paragraphs

2 (6) and (32) of section 102 of the Controlled

3 Substances Act (21 U.S.C. 802)) by juveniles,

4 provided through State and local health and so5 cial services agencies.

6 ‘‘(I) To provide services to prevent juve7 niles from coming into contact with the juvenile

8 justice system again as a result of gang-related

9 activity.

10 ‘‘(J) To provide services authorized in this

11 section at a special location in a school or hous12 ing project or other appropriate site.

13 ‘‘(K) To support activities to inform juve14 niles of the availability of treatment and serv15 ices for which financial assistance is available

16 under this section.

17 ‘‘(2) From not more than 15 percent of the

18 total amount appropriated to carry out this part in

19 each fiscal year, the Administrator may make grants

20 to and enter into contracts with public agencies and

21 private nonprofit agencies, organizations, and

22 institutions—

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

24 to juvenile gangs;
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1 ‘‘(B) to evaluate the effectiveness of pro2 grams and activities funded under paragraph

3 (1); and

4 ‘‘(C) to increase the knowledge of the pub5 lic (including public and private agencies that

6 operate or desire to operate gang prevention

7 and intervention programs) by disseminating in8 formation on research and on effective pro9 grams and activities funded under this section.

10 ‘‘(b) APPROVAL OF APPLICATIONS.—

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

12 or institution seeking to receive a grant, or to enter

13 into a contract, under this section shall submit an

14 application at such time, in such manner, and con15 taining such information as the Administrator may

16 prescribe.

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

18 with guidelines established by the Administrator,

19 each application submitted under paragraph (1)

20 shall—

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

22 carrying out 1 or more of the purposes specified

23 in subsection (a) and specifically identify each

24 such purpose such program or activity is de25 signed to carry out;
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1 ‘‘(B) provide that such program or activity

2 shall be administered by or under the super3 vision of the applicant;

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

5 administration of such program or activity;

6 ‘‘(D) provide for regular evaluation of such

7 program or activity;

8 ‘‘(E) provide an assurance that the pro9 posed program or activity will supplement, not

10 supplant, similar programs and activities al11 ready available in the community;

12 ‘‘(F) describe how such program or activity

13 is coordinated with programs, activities, and

14 services available locally under part B or C of

15 this title, and under chapter 1 of subtitle B of

16 title III of the Anti-Drug Abuse Act of 1988

17 (42 U.S.C. 11801–11805);

18 ‘‘(G) certify that the applicant has re19 quested the State planning agency to review

20 and comment on such application and summa21 rize the responses of such State planning agen22 cy to such request;

23 ‘‘(H) provide that regular reports on such

24 program or activity shall be sent to the Admin25 istrator and to such State planning agency; and
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1 ‘‘(I) provide for such fiscal control and

2 fund accounting procedures as may be nec3 essary to ensure prudent use, proper disburse4 ment, and accurate accounting of funds re5 ceived under this section.

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

7 grants and contracts under this section, the Admin8 istrator shall give priority to applications—

9 ‘‘(A) submitted by, or substantially involv10 ing, local educational agencies (as defined in

11 section 1471 of the Elementary and Secondary

12 Education Act of 1965 (20 U.S.C. 2891));

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

14 crimes committed by gangs whose membership

15 is composed primarily of juveniles in the geo16 graphical area in which the applicants propose

17 to carry out the programs and activities for

18 which such grants and contracts are requested;

19 and

20 ‘‘(C) for assistance for programs and ac21 tivities that—

22 ‘‘(i) are broadly supported by public

23 and private nonprofit agencies, organiza24 tions, and institutions located in such geo25 graphical area; and
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1 ‘‘(ii) will substantially involve the fam2 ilies of juvenile gang members in carrying

3 out such programs or activities.

4 ‘‘SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

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

6 grants to or enter into contracts with public and private

7 nonprofit agencies, organizations, and institutions to carry

8 out programs and activities—

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

10 the illegal activities of gangs;

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

12 State, local, and community-based organizations to

13 coordinate the disruption of gangs and the prosecu14 tion of juvenile gang members and to curtail inter15 state activities of gangs; and

16 ‘‘(3) to facilitate coordination and cooperation

17 among—

18 ‘‘(A) local education, juvenile justice, em19 ployment, recreation, and social service agen20 cies; and

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

22 proven record of effectively providing interven23 tion services to juvenile gang members for the

24 purpose of reducing the participation of juve25 niles in illegal gang activities; and
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1 ‘‘(4) to support programs that, in recognition of

2 varying degrees of the seriousness of delinquent be3 havior and the corresponding gradations in the re4 sponses of the juvenile justice system in response to

5 that behavior, are designed to—

6 ‘‘(A) encourage courts to develop and im7 plement a continuum of post-adjudication re8 straints that bridge the gap between traditional

9 probation and confinement in a correctional set10 ting (including expanded use of probation, me11 diation, restitution, community service, treat12 ment, home detention, intensive supervision,

13 electronic monitoring, boot camps and similar

14 programs, and secure community-based treat15 ment facilities linked to other support services

16 such as health, mental health, education (reme17 dial and special), job training, and recreation);

18 and

19 ‘‘(B) assist in the provision by the Admin20 istrator of information and technical assistance,

21 including technology transfer, to States in the

22 design and utilization of risk assessment mech23 anisms to aid juvenile justice personnel in de24 termining appropriate sanctions for delinquent

25 behavior.
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1 ‘‘(b) ELIGIBLE PROGRAMS AND ACTIVITIES.—Pro2 grams and activities for which grants and contracts are

3 to be made under this section may include—

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

5 prosecutors, and the establishment and operation of

6 programs, including multijurisdictional task forces,

7 for the disruption of gangs and the prosecution of

8 gang members;

9 ‘‘(2) developing within the juvenile adjudicatory

10 and correctional systems new and innovative means

11 to address the problems of juveniles convicted of se12 rious drug-related and gang-related offenses;

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

14 members of such gangs, including members who are

15 accused of committing a serious crime and members

16 who have been adjudicated as being delinquent;

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

18 lawful activities in geographical areas in which

19 gangs commit crimes;

20 ‘‘(5) expanding the availability of prevention

21 and treatment services relating to the illegal use of

22 controlled substances and controlled substances ana23 logues (as defined in paragraphs (6) and (32) of sec24 tion 102 of the Controlled Substances Act (21
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1 U.S.C. 802)), by juveniles, provided through State

2 and local health and social services agencies;

3 ‘‘(6) providing services to prevent juveniles

4 from coming into contact with the juvenile justice

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

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

7 the availability of treatment and services for which

8 financial assistance is available under this section.

9 ‘‘(c) APPROVAL OF APPLICATIONS.—

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

11 or institution desiring to receive a grant, or to enter

12 into a contract, under this section shall submit an

13 application at such time, in such manner, and con14 taining such information as the Administrator may

15 prescribe.

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

17 with guidelines established by the Administrator,

18 each application submitted under paragraph (1)

19 shall—

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

21 carrying out 1 or more of the purposes specified

22 in subsection (a) and specifically identify each

23 such purpose such program or activity is de24 signed to carry out;
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1 ‘‘(B) provide that such program or activity

2 shall be administered by or under the super3 vision of the applicant;

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

5 administration of such program or activity;

6 ‘‘(D) provide for regular evaluation of such

7 program or activity;

8 ‘‘(E) provide an assurance that the pro9 posed program or activity will supplement, not

10 supplant, similar programs and activities al11 ready available in the community;

12 ‘‘(F) describe how such program or activity

13 is coordinated with programs, activities, and

14 services available locally under part B of this

15 title and under chapter 1 of subtitle B of title

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

17 U.S.C. 11801–11805);

18 ‘‘(G) certify that the applicant has re19 quested the State planning agency to review

20 and comment on such application and summa21 rize the responses of such State planning agen22 cy to such request;

23 ‘‘(H) provide that regular reports on such

24 program or activity shall be sent to the Admin25 istrator and to such State planning agency; and
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1 ‘‘(I) provide for such fiscal control and

2 fund accounting procedures as may be nec3 essary to ensure prudent use, proper disburse4 ment, and accurate accounting of funds re5 ceived under this section.

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

7 grants and contracts under subsection (a), the Ad8 ministrator shall give priority to applications—

9 ‘‘(A) submitted by, or substantially involv10 ing, community-based organizations experienced

11 in providing services to juveniles;

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

13 crimes committed by gangs whose membership

14 is composed primarily of juveniles in the geo15 graphical area in which the applicants propose

16 to carry out the programs and activities for

17 which such grants and contracts are requested;

18 and

19 ‘‘(C) for assistance for programs and ac20 tivities that—

21 ‘‘(i) are broadly supported by public

22 and private nonprofit agencies, organiza23 tions, and institutions located in such geo24 graphical area; and
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1 ‘‘(ii) will substantially involve the fam2 ilies of juvenile gang members in carrying

3 out such programs or activities.

4 ‘‘SEC. 254. PRIORITY.

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

6 shall give priority to funding programs and activities de7 scribed in subsections (a)(2) and (b)(1) of section 253.

8 ‘‘PART E—DEVELOPING, TESTING, AND DEM9 ONSTRATING PROMISING NEW INITIATIVES

10 AND PROGRAMS

11 ‘‘SEC. 261. GRANTS AND PROJECTS.

12 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis13 trator may make grants to, and enter into contracts with,

14 States, units of local government, Indian tribal govern15 ments, public and private agencies, organizations, and in16 dividuals, or combinations thereof, to carry out projects

17 for the development, testing, and demonstration of prom18 ising initiatives and programs for the prevention, control,

19 or reduction of juvenile delinquency. The Administrator

20 shall ensure that, to the extent reasonable and practicable,

21 such grants are made to achieve an equitable geographical

22 distribution of such projects throughout the United

23 States.
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1 ‘‘(b) USE OF GRANTS.—A grant made under sub2 section (a) may be used to pay all or part of the cost of

3 the project for which such grant is made.

4 ‘‘SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSIST5 ANCE.

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

7 into contracts with, public and private agencies, organiza8 tions, and individuals to provide training and technical as9 sistance to States, units of local government, Indian tribal

10 governments, local private entities or agencies, or any

11 combination thereof, to carry out the projects for which

12 grants are made under section 261.

13 ‘‘SEC. 263. ELIGIBILITY.

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

15 grant or contract under this part, a public or private agen16 cy, Indian tribal government, organization, institution, in17 dividual, or combination thereof, shall submit an applica18 tion to the Administrator at such time, in such form, and

19 containing such information as the Administrator may

20 reasonably require by rule.

21 ‘‘SEC. 264. REPORTS.

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

23 contract under this part shall submit to the Administrator

24 such reports as may be reasonably requested by the Ad-
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1 ministrator to describe progress achieved in carrying the

2 projects for which the assistance was provided.

3 ‘‘PART F—MENTORING

4 ‘‘SEC. 271. MENTORING.

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

6 of mentors for at-risk youth—

7 ‘‘(1) reduce juvenile delinquency and gang par8 ticipation;

9 ‘‘(2) improve academic performance; and

10 ‘‘(3) reduce the dropout rate.

11 ‘‘SEC. 272. DEFINITIONS.

12 ‘‘In this part—

13 ‘‘(1) the term ‘at-risk youth’ means a youth at

14 risk of educational failure, dropping out of school, or

15 involvement in criminal or delinquent activities; and

16 ‘‘(2) the term ‘mentor’ means a person who

17 works with an at-risk youth on a one-to-one basis,

18 providing a positive role model for the youth, estab19 lishing a supportive relationship with the youth, and

20 providing the youth with academic assistance and

21 exposure to new experiences and examples of oppor22 tunity that enhance the ability of the youth to be23 come a responsible adult.
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1 ‘‘SEC. 273. GRANTS.

2 ‘‘(a) LOCAL EDUCATIONAL GRANTS.—The Adminis3 trator shall make grants to local education agencies and

4 nonprofit organizations to establish and support programs

5 and activities for the purpose of implementing mentoring

6 programs that—

7 ‘‘(1) are designed to link at-risk children, par8 ticularly children living in high crime areas and chil9 dren experiencing educational failure, with respon10 sible adults such as law enforcement officers, per11 sons working with local businesses, elders in Alaska

12 Native villages, and adults working for community13 based organizations and agencies; and

14 ‘‘(2) are intended to achieve 1 or more of the

15 following goals:

16 ‘‘(A) Provide general guidance to at-risk

17 youth.

18 ‘‘(B) Promote personal and social responsi19 bility among at-risk youth.

20 ‘‘(C) Increase at-risk youth’s participation

21 in and enhance their ability to benefit from ele22 mentary and secondary education.

23 ‘‘(D) Discourage at-risk youth’s use of ille24 gal drugs, violence, and dangerous weapons,

25 and other criminal activity.
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1 ‘‘(E) Discourage involvement of at-risk

2 youth in gangs.

3 ‘‘(F) Encourage at-risk youth’s participa4 tion in community service and community ac5 tivities.

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

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

8 ‘‘(A) FAMILY-TO-FAMILY MENTORING PRO9 GRAM.—The term ‘family-to-family mentoring

10 program’ means a mentoring program that—

11 ‘‘(i) utilizes a 2-tier mentoring ap12 proach that matches volunteer families

13 with at-risk families allowing parents to di14 rectly work with parents and children to

15 work directly with children; and

16 ‘‘(ii) has an afterschool program for

17 volunteer and at-risk families.

18 ‘‘(B) POSITIVE ALTERNATIVES PRO19 GRAM.—The term ‘positive alternatives pro20 gram’ means a positive youth development and

21 family-to-family mentoring program that em22 phasizes drug and gang prevention components.

23 ‘‘(C) QUALIFIED POSITIVE ALTERNATIVES

24 PROGRAM.—The term ‘qualified positive alter25 natives program’ means a positive alternatives
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1 program that has established a family-to-family

2 mentoring program, as of the date of enactment

3 of the Violent and Repeat Juvenile Offender

4 Accountability and Rehabilitation Act of 1999.

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

6 make and enter into contracts with a qualified posi7 tive alternatives program.

8 ‘‘SEC. 274. REGULATIONS AND GUIDELINES.

9 ‘‘(a) PROGRAM GUIDELINES.—The Administrator

10 shall issue program guidelines to implement this part. The

11 program guidelines shall be effective only after a period

12 for public notice and comment.

13 ‘‘(b) MODEL SCREENING GUIDELINES.—The Admin14 istrator shall develop and distribute to program partici15 pants specific model guidelines for the screening of pro16 spective program mentors.

17 ‘‘SEC. 275. USE OF GRANTS.

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

19 part shall be used to implement mentoring programs,

20 including—

21 ‘‘(1) hiring of mentoring coordinators and sup22 port staff;

23 ‘‘(2) recruitment, screening, and training of

24 adult mentors;
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1 ‘‘(3) reimbursement of mentors for reasonable

2 incidental expenditures such as transportation that

3 are directly associated with mentoring; and

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

5 may reasonably prescribe by regulation.

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

7 to this part shall not be used—

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

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

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

11 equipment that would otherwise be used in the ordi12 nary course of the grantee’s operations;

13 ‘‘(3) to support litigation of any kind; or

14 ‘‘(4) for any other purpose reasonably prohib15 ited by the Administrator by regulation.

16 ‘‘SEC. 276. PRIORITY.

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

18 part, the Administrator shall give priority for awarding

19 grants to applicants that—

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

21 ‘‘(2) have 60 percent or more of their youth eli22 gible to receive funds under the Elementary and

23 Secondary Education Act of 1965; and

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

25 drop out of school each year.
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1 ‘‘(b) OTHER CONSIDERATIONS.—In making grants

2 under this part, the Administrator shall give consideration

3 to—

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

5 rural) of applications;

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

7 including—

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

9 dedicated to providing participating youth with

10 opportunities for job training or postsecondary

11 education; and

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

13 community-based organizations, and the local

14 community participate in the design and imple15 mentation of the mentoring plan; and

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

17 implement the mentoring plan.

18 ‘‘SEC. 277. APPLICATIONS.

19 ‘‘An application for assistance under this part shall

20 include—

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

22 served by the program;

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

24 youth with mentors based on the needs of the youth;
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1 ‘‘(3) An assurance that no mentor or mentoring

2 family will be assigned a number of youths that

3 would undermine their ability to be an effective men4 tor and ensure a one-to-one relationship with

5 mentored youths;

6 ‘‘(4) an assurance that projects operated in sec7 ondary schools will provide youth with a variety of

8 experiences and support, including—

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

10 work environment and, when possible, partici11 pate in the work environment;

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

13 skills that will be required for youth to obtain

14 employment upon graduation;

15 ‘‘(C) assistance with homework assign16 ments; and

17 ‘‘(D) exposure to experiences that youth

18 might not otherwise encounter;

19 ‘‘(5) an assurance that projects operated in ele20 mentary schools will provide youth with—

21 ‘‘(A) academic assistance;

22 ‘‘(B) exposure to new experiences and ac23 tivities that youth might not encounter on their

24 own; and

25 ‘‘(C) emotional support;
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1 ‘‘(6) an assurance that projects will be mon2 itored to ensure that each youth benefits from a

3 mentor relationship, with provision for a new mentor

4 assignment if the relationship is not beneficial to the

5 youth;

6 ‘‘(7) the method by which mentors and youth

7 will be recruited to the project;

8 ‘‘(8) the method by which prospective mentors

9 will be screened; and

10 ‘‘(9) the training that will be provided to men11 tors.

12 ‘‘SEC. 278. GRANT CYCLES.

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

14 year period.

15 ‘‘SEC. 279. FAMILY MENTORING PROGRAM.

16 ‘‘(a) DEFINITIONS.—In this section—

17 ‘‘(1) the term ‘cooperative extension services’

18 has the meaning given that term in section 1404 of

19 the National Agricultural Research, Extension, and

20 Teaching Policy Act of 1977 (7 U.S.C. 3103);

21 ‘‘(2) the term ‘family mentoring program’

22 means a mentoring program that—

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

24 that uses college age or young adult mentors

25 working directly with at-risk youth and uses re-
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1 tirement-age couples working with the parents

2 and siblings of at-risk youth; and

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

4 direction and advice to program administrators;

5 and

6 ‘‘(3) the term ‘qualified cooperative extension

7 service’ means a cooperative extension service that

8 has established a family mentoring program, as of

9 the date of enactment of the Violent and Repeat Ju10 venile Offender Accountability and Rehabilitation

11 Act of 1999.

12 ‘‘(b) MODEL PROGRAM.—The Administrator, in co13 operation with the Secretary of Agriculture, shall make

14 a grant to a qualified cooperative extension service for the

15 purpose of expanding and replicating family mentoring

16 programs to reduce the incidence of juvenile crime and

17 delinquency among at-risk youth.

18 ‘‘(c) ESTABLISHMENT OF NEW FAMILY MENTORING

19 PROGRAMS.—

20 ‘‘(1) IN GENERAL.—The Administrator, in co21 operation with the Secretary of Agriculture, may

22 make 1 or more grants to cooperative extension serv23 ices for the purpose of establishing family mentoring

24 programs to reduce the incidence of juvenile crime

25 and delinquency among at-risk youth.
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1 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

2 MATCHING FUNDS.—

3 ‘‘(A) IN GENERAL.—The amount of a

4 grant under this subsection may not exceed 35

5 percent of the total costs of the program funded

6 by the grant.

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

8 for grants under this subsection may be derived

9 from amounts made available to a State under

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

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

12 the total amount derived from Federal sources

13 may not exceed 70 percent of the total cost of

14 the program funded by the grant.

15 ‘‘SEC. 280. CAPACITY BUILDING.

16 ‘‘(a) MODEL PROGRAM.—The Administrator may

17 make a grant to a qualified national organization with a

18 proven history of providing one-to-one services for the pur19 pose of expanding and replicating capacity building pro20 grams to reduce the incidence of juvenile crime and delin21 quency among at-risk youth.

22 ‘‘(b) ESTABLISHMENT OF NEW CAPACITY BUILDING

23 PROGRAMS.—

24 ‘‘(1) IN GENERAL.—The Administrator may

25 make one or more grants to national organizations
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1 with proven histories of providing one-to-one services

2 for the purpose of expanding and replicating capac3 ity building programs to reduce the incidence of ju4 venile crime and delinquency among at-risk youth.

5 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

6 MATCHING FUNDS.—

7 ‘‘(A) IN GENERAL.—The amount of a

8 grant under this subsection may not exceed 50

9 percent of the total cost of the programs funded

10 by the grant.

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

12 for grants under this subsection must be de13 rived from a private agency, institution or busi14 ness.

15 ‘‘PART G—ADMINISTRATIVE PROVISIONS

16 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) IN GENERAL.—There is authorized to be appro18 priated to carry out this title, and to carry out part R

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

20 Act of 1968 (42 U.S.C. 3796 et seq.), $1,100,000,000 for

21 each of fiscal years 1999 through 2004.

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

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

24 year—
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1 ‘‘(1) $500,000,000 shall be for programs under

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

3 Omnibus Crime Control and Safe Streets Act of

4 1968 (42 U.S.C. 3796 et seq.), of which

5 $50,000,000 shall be for programs under section

6 1803;

7 ‘‘(2) $75,000,000 shall be for grants for juve8 nile criminal history records upgrades pursuant to

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

10 Crime Control and Safe Streets Act of 1968 (42

11 U.S.C. 3796 et seq.);

12 ‘‘(3) $200,000,000 shall be for programs under

13 section 205 of part A of this title;

14 ‘‘(4) $200,000,000 shall be for programs under

15 part B of this title;

16 ‘‘(5) $40,000,000 shall be for prevention pro17 grams under part C of this title—

18 ‘‘(A) of which $20,000,000 shall be for

19 evaluation research of primary, secondary, and

20 tertiary juvenile delinquency programs; and

21 ‘‘(B) $2,000,000 shall be for the study re22 quired by section 248;

23 ‘‘(6) $20,000,000 shall be for programs under

24 parts D and E of this title; and
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1 ‘‘(7) $20,000,000 shall be for programs under

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

3 programs under section 279 and $3,000,000 for pro4 grams under section 280.

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

6 appropriated pursuant to this section may be derived from

7 the Violent Crime Reduction Trust Fund.

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

9 authorized to be appropriated for the administration and

10 operation of the Office of Juvenile Crime Control and Pre11 vention such sums as may be necessary for each of fiscal

12 years 1999 through 2004.

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

14 available pursuant to this section and allocated in accord15 ance with this title in any fiscal year shall remain available

16 until expended.

17 ‘‘SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRIC18 TIONS ON USE OF AMOUNTS; PENALTIES.

19 ‘‘(a) RELIGIOUS NONDISCRIMINATION.—The provi20 sions of section 104 of the Personal Responsibility and

21 Work Opportunity Reconciliation Act of 1996 (42 U.S.C.

22 604a) shall apply to a State or local government exercising

23 its authority to distribute grants to applicants under this

24 title.

25 ‘‘(b) RESTRICTIONS ON THE USE OF AMOUNTS.—
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1 ‘‘(1) EXPERIMENTATION ON INDIVIDUALS.—

2 ‘‘(A) IN GENERAL.—No amounts made

3 available to carry out this title may be used for

4 any biomedical or behavior control experimen5 tation on individuals or any research involving

6 such experimentation.

7 ‘‘(B) DEFINITION OF BEHAVIOR CON8 TROL.—In this paragraph, the term ‘behavior

9 control’—

10 ‘‘(i) means any experimentation or re11 search employing methods that—

12 ‘‘(I) involve a substantial risk of

13 physical or psychological harm to the

14 individual subject; and

15 ‘‘(II) are intended to modify or

16 alter criminal and other antisocial be17 havior, including aversive conditioning

18 therapy, drug therapy, chemotherapy

19 (except as part of routine clinical

20 care), physical therapy of mental dis21 orders, electroconvulsive therapy, or

22 physical punishment; and

23 ‘‘(ii) does not include a limited class

24 of programs generally recognized as involv25 ing no such risk, including methadone
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1 maintenance and certain substance abuse

2 treatment programs, psychological coun3 seling, parent training, behavior con4 tracting, survival skills training, restitu5 tion, or community service, if safeguards

6 are established for the informed consent of

7 subjects (including parents or guardians of

8 minors).

9 ‘‘(2) PROHIBITION AGAINST PRIVATE AGENCY

10 USE OF AMOUNTS IN CONSTRUCTION.—

11 ‘‘(A) IN GENERAL.—No amount made

12 available to any private agency or institution, or

13 to any individual, under this title (either di14 rectly or through a State office) may be used

15 for construction.

16 ‘‘(B) EXCEPTION.—The restriction in

17 clause (i) shall not apply to any juvenile pro18 gram in which training or experience in con19 struction or renovation is used as a method of

20 juvenile accountability or rehabilitation.

21 ‘‘(3) LOBBYING.—

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

23 subparagraph (B), no amount made available

24 under this title to any public or private agency,

25 organization or institution, or to any individual
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1 shall be used to pay for any personal service,

2 advertisement, telegram, telephone communica3 tion, letter, printed or written matter, or other

4 device intended or designed to influence a Mem5 ber of Congress or any other Federal, State, or

6 local elected official to favor or oppose any Act,

7 bill, resolution, or other legislation, or any ref8 erendum, initiative, constitutional amendment,

9 or any other procedure of Congress, any State

10 legislature, any local council, or any similar

11 governing body.

12 ‘‘(B) EXCEPTION.—This paragraph does

13 not preclude the use of amounts made available

14 under this title in connection with communica15 tions to Federal, State, or local elected officials,

16 upon the request of such officials through prop17 er official channels, pertaining to authorization,

18 appropriation, or oversight measures directly af19 fecting the operation of the program involved.

20 ‘‘(4) LEGAL ACTION.—No amounts made avail21 able under this title to any public or private agency,

22 organization, institution, or to any individual, shall

23 be used in any way directly or indirectly to file an

24 action or otherwise take any legal action against any
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1 Federal, State, or local agency, institution, or em2 ployee.

3 ‘‘(c) PENALTIES.—

4 ‘‘(1) IN GENERAL.—If any amounts are used

5 for the purposes prohibited in either paragraph (3)

6 or (4) of subsection (b), or in violation of subsection

7 (a)—

8 ‘‘(A) funding for the agency, organization,

9 institution, or individual at issue shall be imme10 diately discontinued in whole or in part; and

11 ‘‘(B) the agency, organization, institution,

12 or individual using amounts for the purpose

13 prohibited in paragraph (3) or (4) of subsection

14 (b), or in violation of subsection (a), shall be

15 liable for reimbursement of all amounts granted

16 to the individual or entity for the fiscal year for

17 which the amounts were granted.

18 ‘‘(2) LIABILITY FOR EXPENSES AND DAM19 AGES.—In relation to a violation of subsection

20 (b)(4), the individual filing the lawsuit or responsible

21 for taking the legal action against the Federal,

22 State, or local agency or institution, or individual

23 working for the Government, shall be individually

24 liable for all legal expenses and any other expenses

25 of the Government agency, institution, or individual
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1 working for the Government, including damages as2 sessed by the jury against the Government agency,

3 institution, or individual working for the Govern4 ment, and any punitive damages.

5 ‘‘SEC. 293. ADMINISTRATIVE PROVISIONS.

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

7 shall be administered by the Administrator under the gen8 eral authority of the Attorney General.

9 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

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

11 812(a), 812(b), and 812(d) of the Omnibus Crime Control

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

13 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),

14 3789g(d)) shall apply with respect to the administration

15 of and compliance with this title, except that for purposes

16 of this Act—

17 ‘‘(1) any reference to the Office of Justice Pro18 grams in such sections shall be considered to be a

19 reference to the Assistant Attorney General who

20 heads the Office of Justice Programs; and

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

22 sections shall be considered to be a reference to this

23 title.

24 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

25 CONTROL PROVISIONS.—Sections 801(a), 801(c), and 806
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1 of the Omnibus Crime Control and Safe Streets Act of

2 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

3 with respect to the administration of and compliance with

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

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

6 Assistant Attorney General who heads the Office of

7 Justice Programs, the Director of the National In8 stitute of Justice, the Director of the Bureau of Jus9 tice Statistics, or the Director of the Bureau of Jus10 tice Assistance shall be considered to be a reference

11 to the Administrator;

12 ‘‘(2) any reference to the Office of Justice Pro13 grams, the Bureau of Justice Assistance, the Na14 tional Institute of Justice, or the Bureau of Justice

15 Statistics shall be considered to be a reference to the

16 Office of Juvenile Crime Control and Prevention;

17 and

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

19 sections shall be considered to be a reference to this

20 title.

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

22 The Administrator may, after appropriate consultation

23 with representatives of States and units of local govern24 ment, and an opportunity for notice and comment in ac25 cordance with subchapter II of chapter 5 of title 5, United
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1 States Code, establish such rules, regulations, and proce2 dures as are necessary for the exercise of the functions

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

4 this Act.

5 ‘‘(e) WITHHOLDING.—The Administrator shall ini6 tiate such proceedings as the Administrator determines to

7 be appropriate if the Administrator, after giving reason8 able notice and opportunity for hearing to a recipient of

9 financial assistance under this title, finds that—

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

11 grant or contract involved was made has been so

12 changed that the program or activity no longer com13 plies with this title; or

14 ‘‘(2) in the operation of such program or activ15 ity there is failure to comply substantially with any

16 provision of this title.’’.

17 (b) REPEAL.—Title V of the Juvenile Justice and De18 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

19 is repealed.

20 SEC. 303. RUNAWAY AND HOMELESS YOUTH.

21 (a) FINDINGS.—Section 302 of the Runaway and

22 Homeless Youth Act (42 U.S.C. 5701) is amended—

23 (1) in paragraph (5), by striking ‘‘accurate re24 porting of the problem nationally and to develop’’

25 and inserting ‘‘an accurate national reporting system
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1 to report the problem, and to assist in the develop2 ment of’’; and

3 (2) by striking paragraph (8) and inserting the

4 following:

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

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

7 (b) AUTHORITY TO MAKE GRANTS FOR CENTERS

8 AND SERVICES.—Section 311 of the Runaway and Home9 less Youth Act (42 U.S.C. 5711) is amended—

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

11 following:

12 ‘‘(a) GRANTS FOR CENTERS AND SERVICES.—

13 ‘‘(1) IN GENERAL.—The Secretary shall make

14 grants to public and nonprofit private entities (and

15 combinations of such entities) to establish and oper16 ate (including renovation) local centers to provide

17 services for runaway and homeless youth and for the

18 families of such youth.

19 ‘‘(2) SERVICES PROVIDED.—Services provided

20 under paragraph (1)—

21 ‘‘(A) shall be provided as an alternative to

22 involving runaway and homeless youth in the

23 law enforcement, child welfare, mental health,

24 and juvenile justice systems;

25 ‘‘(B) shall include—
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1 ‘‘(i) safe and appropriate shelter; and

2 ‘‘(ii) individual, family, and group

3 counseling, as appropriate; and

4 ‘‘(C) may include—

5 ‘‘(i) street-based services;

6 ‘‘(ii) home-based services for families

7 with youth at risk of separation from the

8 family; and

9 ‘‘(iii) drug abuse education and pre10 vention services.’’;

11 (2) in subsection (b)(2), by striking ‘‘the Trust

12 Territory of the Pacific Islands,’’; and

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

14 (c) ELIGIBILITY.—Section 312 of the Runaway and

15 Homeless Youth Act (42 U.S.C. 5712) is amended—

16 (1) in subsection (b)—

17 (A) in paragraph (8), by striking ‘‘para18 graph (6)’’ and inserting ‘‘paragraph (7)’’;

19 (B) in paragraph (10), by striking ‘‘and’’

20 at the end;

21 (C) in paragraph (11), by striking the pe22 riod at the end and inserting ‘‘; and’’; and

23 (D) by adding at the end the following:
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1 ‘‘(12) shall submit to the Secretary an annual

2 report that includes, with respect to the year for

3 which the report is submitted—

4 ‘‘(A) information regarding the activities

5 carried out under this part;

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

7 this part carried out by the applicant; and

8 ‘‘(C) statistical summaries describing—

9 ‘‘(i) the number and the characteris10 tics of the runaway and homeless youth,

11 and youth at risk of family separation, who

12 participate in the project; and

13 ‘‘(ii) the services provided to such

14 youth by the project.’’; and

15 (2) by striking subsections (c) and (d) and in16 serting the following:

17 ‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV18 ICES.—To be eligible to use assistance under section

19 311(a)(2)(C)(i) to provide street-based services, the appli20 cant shall include in the plan required by subsection (b)

21 assurances that in providing such services the applicant

22 will—

23 ‘‘(1) provide qualified supervision of staff, in24 cluding on-street supervision by appropriately

25 trained staff;
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1 ‘‘(2) provide backup personnel for on-street

2 staff;

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

4 staff who provide such services; and

5 ‘‘(4) conduct outreach activities for runaway

6 and homeless youth, and street youth.

7 ‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV8 ICES.—To be eligible to use assistance under section

9 311(a) to provide home-based services described in section

10 311(a)(2)(C)(ii), an applicant shall include in the plan re11 quired by subsection (b) assurances that in providing such

12 services the applicant will—

13 ‘‘(1) provide counseling and information to

14 youth and the families (including unrelated individ15 uals in the family households) of such youth, includ16 ing services relating to basic life skills, interpersonal

17 skill building, educational advancement, job attain18 ment skills, mental and physical health care, par19 enting skills, financial planning, and referral to

20 sources of other needed services;

21 ‘‘(2) provide directly, or through an arrange22 ment made by the applicant, 24-hour service to re23 spond to family crises (including immediate access to

24 temporary shelter for runaway and homeless youth,

25 and youth at risk of separation from the family);
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1 ‘‘(3) establish, in partnership with the families

2 of runaway and homeless youth, and youth at risk

3 of separation from the family, objectives and meas4 ures of success to be achieved as a result of receiv5 ing home-based services;

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

7 staff who provide home-based services; and

8 ‘‘(5) ensure that—

9 ‘‘(A) caseloads will remain sufficiently low

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

11 involvement with each family receiving such

12 services; and

13 ‘‘(B) staff providing such services will re14 ceive qualified supervision.

15 ‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU16 CATION AND PREVENTION SERVICES.—To be eligible to

17 use assistance under section 311(a)(2)(C)(iii) to provide

18 drug abuse education and prevention services, an appli19 cant shall include in the plan required by subsection (b)—

20 ‘‘(1) a description of—

21 ‘‘(A) the types of such services that the ap22 plicant proposes to provide;

23 ‘‘(B) the objectives of such services; and
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1 ‘‘(C) the types of information and training

2 to be provided to individuals providing such

3 services to runaway and homeless youth; and

4 ‘‘(2) an assurance that in providing such serv5 ices the applicant shall conduct outreach activities

6 for runaway and homeless youth.’’.

7 (d) APPROVAL OF APPLICATIONS.—Section 313 of

8 the Runaway and Homeless Youth Act (42 U.S.C. 5713)

9 is amended to read as follows:

10 ‘‘SEC. 313. APPROVAL OF APPLICATIONS.

11 ‘‘(a) IN GENERAL.—An application by a public or

12 private entity for a grant under section 311(a) may be

13 approved by the Secretary after taking into consideration,

14 with respect to the State in which such entity proposes

15 to provide services under this part—

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

17 of the proposed services under this part for which all

18 grant applicants request approval; and

19 ‘‘(2) which areas of such State have the great20 est need for such services.

21 ‘‘(b) PRIORITY.—In selecting applications for grants

22 under section 311(a), the Secretary shall give priority to—

23 ‘‘(1) eligible applicants who have demonstrated

24 experience in providing services to runaway and

25 homeless youth; and
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1 ‘‘(2) eligible applicants that request grants of

2 less than $200,000.’’.

3 (e) AUTHORITY FOR TRANSITIONAL LIVING GRANT

4 PROGRAM.—Section 321 of the Runaway and Homeless

5 Youth Act (42 U.S.C. 5714–1) is amended—

6 (1) in the section heading, by striking ‘‘PUR7 POSE AND’’;

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

9 (3) by striking subsection (b).

10 (f) ELIGIBILITY.—Section 322(a)(9) of the Runaway

11 and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is

12 amended by inserting ‘‘, and the services provided to such

13 youth by such project,’’ after ‘‘such project’’.

14 (g) COORDINATION.—Section 341 of the Runaway

15 and Homeless Youth Act (42 U.S.C. 5714–21) is amended

16 to read as follows:

17 ‘‘SEC. 341. COORDINATION.

18 ‘‘With respect to matters relating to the health, edu19 cation, employment, and housing of runaway and homeless

20 youth, the Secretary—

21 ‘‘(1) in conjunction with the Attorney General,

22 shall coordinate the activities of agencies of the De23 partment of Health and Human Services with activi24 ties under any other Federal juvenile crime control,

25 prevention, and juvenile offender accountability pro-
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1 gram and with the activities of other Federal enti2 ties; and

3 ‘‘(2) shall coordinate the activities of agencies

4 of the Department of Health and Human Services

5 with the activities of other Federal entities and with

6 the activities of entities that are eligible to receive

7 grants under this title.’’.

8 (h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,

9 EVALUATION, DEMONSTRATION, AND SERVICE

10 PROJECTS.—Section 343 of the Runaway and Homeless

11 Youth Act (42 U.S.C. 5714–23) is amended—

12 (1) in the section heading, by inserting ‘‘EVAL13 UATION,’’ after ‘‘RESEARCH,’’;

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

15 after ‘‘research,’’; and

16 (3) in subsection (b)—

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

18 (B) by redesignating paragraphs (3)

19 through (10) as paragraphs (2) through (9), re20 spectively.

21 (i) ASSISTANCE TO POTENTIAL GRANTEES.—Section

22 371 of the Runaway and Homeless Youth Act (42 U.S.C.

23 5714a) is amended by striking the last sentence.
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1 (j) REPORTS.—Section 381 of the Runaway and

2 Homeless Youth Act (42 U.S.C. 5715) is amended to read

3 as follows:

4 ‘‘SEC. 381. REPORTS.

5 ‘‘(a) IN GENERAL.—Not later than April 1, 2000,

6 and biennially thereafter, the Secretary shall submit, to

7 the Committee on Education and the Workforce of the

8 House of Representatives and the Committee on the Judi9 ciary of the Senate, a report on the status, activities, and

10 accomplishments of entities that receive grants under

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

12 ‘‘(1) in the case of centers funded under part

13 A, the ability or effectiveness of such centers in—

14 ‘‘(A) alleviating the problems of runaway

15 and homeless youth;

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

17 such youth with their families and encouraging

18 the resolution of intrafamily problems through

19 counseling and other services;

20 ‘‘(C) strengthening family relationships

21 and encouraging stable living conditions for

22 such youth; and

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

24 future course of action; and
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1 ‘‘(2) in the case of projects funded under part

2 B—

3 ‘‘(A) the number and characteristics of

4 homeless youth served by such projects;

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

6 such projects;

7 ‘‘(C) the effectiveness of such projects in

8 alleviating the problems of homeless youth;

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

10 preparing homeless youth for self-sufficiency;

11 ‘‘(E) the effectiveness of such projects in

12 assisting homeless youth to decide upon future

13 education, employment, and independent living;

14 ‘‘(F) the ability of such projects to encour15 age the resolution of intrafamily problems

16 through counseling and development of self-suf17 ficient living skills; and

18 ‘‘(G) activities and programs planned by

19 such projects for the following fiscal year.

20 ‘‘(b) CONTENTS OF REPORTS.—The Secretary shall

21 include in each report submitted under subsection (a),

22 summaries of—

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

24 under section 386; and
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1 ‘‘(2) descriptions of the qualifications of, and

2 training provided to, individuals involved in carrying

3 out such evaluations.’’.

4 (k) EVALUATION.—Section 384 of the Runaway and

5 Homeless Youth Act (42 U.S.C. 5732) is amended to read

6 as follows:

7 ‘‘SEC. 386. EVALUATION AND INFORMATION.

8 ‘‘(a) IN GENERAL.—If a grantee receives grants for

9 3 consecutive fiscal years under part A, B, C, D, or E

10 (in the alternative), then the Secretary shall evaluate such

11 grantee on-site, not less frequently than once in the period

12 of such 3 consecutive fiscal years, for purposes of—

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

14 used for the purposes for which such grants are

15 made by the Secretary;

16 ‘‘(2) collecting additional information for the re17 port required by section 383; and

18 ‘‘(3) providing such information and assistance

19 to such grantee as will enable such grantee to im20 prove the operation of the centers, projects, and ac21 tivities for which such grants are made.

22 ‘‘(b) COOPERATION.—Recipients of grants under this

23 title shall cooperate with the Secretary’s efforts to carry

24 out evaluations, and to collect information, under this

25 title.’’.
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1 (l) AUTHORIZATION OF APPROPRIATIONS.—Section

2 385 of the Runaway and Homeless Youth Act (42 U.S.C.

3 5751) is amended to read as follows:

4 ‘‘SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) AUTHORIZATION.—There is authorized to

7 be appropriated to carry out this title (other than

8 part E) such sums as may be necessary for fiscal

9 years 2000, 2001, 2002, 2003, and 2004.

10 ‘‘(2) ALLOCATION.—

11 ‘‘(A) PARTS A AND B.—From the amount

12 appropriated under paragraph (1) for a fiscal

13 year, the Secretary shall reserve not less than

14 90 percent to carry out parts A and B.

15 ‘‘(B) PART B.—Of the amount reserved

16 under subparagraph (A), not less than 20 per17 cent, and not more than 30 percent, shall be re18 served to carry out part B.

19 ‘‘(3) PARTS C AND D.—In each fiscal year,

20 after reserving the amounts required by paragraph

21 (2), the Secretary shall use the remaining amount

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

23 ‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No

24 funds appropriated to carry out this title may be combined

25 with funds appropriated under any other Act if the pur-
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1 pose of combining such funds is to make a single discre2 tionary grant, or a single discretionary payment, unless

3 such funds are separately identified in all grants and con4 tracts and are used for the purposes specified in this

5 title.’’.

6 (m) SEXUAL ABUSE PREVENTION PROGRAM.—

7 (1) AUTHORITY FOR PROGRAM.—The Runaway

8 and Homeless Youth Act (42 U.S.C. 5701 et seq.)

9 is amended—

10 (A) by striking the heading for part F;

11 (B) by redesignating part E as part F; and

12 (C) by inserting after part D the following:

13 ‘‘PART E—SEXUAL ABUSE PREVENTION

14 PROGRAM

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

16 ‘‘(a) IN GENERAL.—The Secretary may make grants

17 to nonprofit private agencies for the purpose of providing

18 street-based services to runaway and homeless, and street

19 youth, who have been subjected to, or are at risk of being

20 subjected to, sexual abuse, prostitution, or sexual exploi21 tation.

22 ‘‘(b) PRIORITY.—In selecting applicants to receive

23 grants under subsection (a), the Secretary shall give pri24 ority to nonprofit private agencies that have experience in
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1 providing services to runaway and homeless, and street

2 youth.’’.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 Section 388(a) of the Runaway and Homeless Youth

5 Act (42 U.S.C. 5751), as amended by subsection (l)

6 of this section, is amended by adding at the end the

7 following:

8 ‘‘(4) PART E.—There is authorized to be appro9 priated to carry out part E such sums as may be necessary

10 for fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

11 (n) DEFINITIONS.—The Runaway and Homeless

12 Youth Act (42 U.S.C. 5701 et seq.) is amended by insert13 ing after section 386, as amended by subsection (k) of this

14 section, the following:

15 ‘‘SEC. 387. DEFINITIONS.

16 ‘‘In this title:

17 ‘‘(1) DRUG ABUSE EDUCATION AND PREVEN18 TION SERVICES.—The term ‘drug abuse education

19 and prevention services’—

20 ‘‘(A) means services to runaway and home21 less youth to prevent or reduce the illicit use of

22 drugs by such youth; and

23 ‘‘(B) may include—

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

25 peer counseling;
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1 ‘‘(ii) drop-in services;

2 ‘‘(iii) assistance to runaway and

3 homeless youth in rural areas (including

4 the development of community support

5 groups);

6 ‘‘(iv) information and training relating

7 to the illicit use of drugs by runaway and

8 homeless youth, to individuals involved in

9 providing services to such youth; and

10 ‘‘(v) activities to improve the avail11 ability of local drug abuse prevention serv12 ices to runaway and homeless youth.

13 ‘‘(2) HOME-BASED SERVICES.—The term

14 ‘home-based services’—

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

16 their families for the purpose of—

17 ‘‘(i) preventing such youth from run18 ning away, or otherwise becoming sepa19 rated, from their families; and

20 ‘‘(ii) assisting runaway youth to re21 turn to their families; and

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

23 the residences of families (to the extent prac24 ticable), including—
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1 ‘‘(i) intensive individual and family

2 counseling; and

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

4 parenting.

5 ‘‘(3) HOMELESS YOUTH.—The term ‘homeless

6 youth’ means an individual—

7 ‘‘(A) who is—

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

9 and

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

11 less than 16 years of age;

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

13 a safe environment with a relative; and

14 ‘‘(C) who has no other safe alternative liv15 ing arrangement.

16 ‘‘(4) STREET-BASED SERVICES.—The term

17 ‘street-based services’—

18 ‘‘(A) means services provided to runaway

19 and homeless youth, and street youth, in areas

20 where they congregate, designed to assist such

21 youth in making healthy personal choices re22 garding where they live and how they behave;

23 and

24 ‘‘(B) may include—
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1 ‘‘(i) identification of and outreach to

2 runaway and homeless youth, and street

3 youth;

4 ‘‘(ii) crisis intervention and coun5 seling;

6 ‘‘(iii) information and referral for

7 housing;

8 ‘‘(iv) information and referral for

9 transitional living and health care services;

10 ‘‘(v) advocacy, education, and preven11 tion services related to—

12 ‘‘(I) alcohol and drug abuse;

13 ‘‘(II) sexual exploitation;

14 ‘‘(III) sexually transmitted dis15 eases, including human immuno16 deficiency virus (HIV); and

17 ‘‘(IV) physical and sexual as18 sault.

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 ex4 ploitation, 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

11 THE FAMILY.—The term ‘youth at risk of separation

12 from 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

21 result of the lack of services available to the

22 family to meet such needs.’’.

23 (o) REDESIGNATION OF SECTIONS.—Sections 371,

24 372, 381, 382, and 383 of the Runaway and Homeless

25 Youth Act (42 U.S.C. 5714b–5851 et seq.), as amended
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1 by this title, are redesignated as sections 381, 382, 383,

2 384, and 385, respectively.

3 (p) TECHNICAL AMENDMENTS.—The Runaway and

4 Homeless Youth Act (42 U.S.C. 5701 et seq.) is

5 amended—

6 (1) in section 331, in the first sentence, by

7 striking ‘‘With’’ and all that follows through ‘‘the

8 Secretary’’, and inserting ‘‘The Secretary’’; and

9 (2) in section 344(a)(1), by striking ‘‘With’’

10 and all that follows through ‘‘the Secretary’’, and in11 serting ‘‘The Secretary’’.

12 SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED

13 CHILDREN.

14 (a) FINDINGS.—Section 402 of the Missing Chil15 dren’s Assistance Act (42 U.S.C. 5771) is amended—

16 (1) in paragraph (7), by striking ‘‘and’’ at the

17 end;

18 (2) in paragraph (8), by striking the period at

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

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

21 ‘‘(9) for 14 years, the National Center for Miss22 ing and Exploited Children has—

23 ‘‘(A) served as the national resource center

24 and clearinghouse congressionally mandated
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1 under the provisions of the Missing Children’s

2 Assistance Act of 1984; and

3 ‘‘(B) worked in partnership with the De4 partment of Justice, the Federal Bureau of In5 vestigation, the Department of the Treasury,

6 the Department of State, and many other agen7 cies in the effort to find missing children and

8 prevent child victimization;

9 ‘‘(10) Congress has given the Center, which is

10 a private non-profit corporation, access to the Na11 tional Crime Information Center of the Federal Bu12 reau of Investigation, and the National Law En13 forcement Telecommunications System;

14 ‘‘(11) since 1987, the Center has operated the

15 National Child Pornography Tipline, in conjunction

16 with the United States Customs Service and the

17 United States Postal Inspection Service and, begin18 ning this year, the Center established a new

19 CyberTipline on child exploitation, thus becoming

20 ‘the 911 for the Internet’;

21 ‘‘(12) in light of statistics that time is of the es22 sence in cases of child abduction, the Director of the

23 Federal Bureau of Investigation in February of

24 1997 created a new NCIC child abduction (‘CA’)

25 flag to provide the Center immediate notification in
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1 the most serious cases, resulting in 642 ‘CA’ notifi2 cations to the Center and helping the Center to have

3 its highest recovery rate in history;

4 ‘‘(13) the Center has established a national and

5 increasingly worldwide network, linking the Center

6 online with each of the missing children clearing7 houses operated by the 50 States, the District of Co8 lumbia, and Puerto Rico, as well as with Scotland

9 Yard in the United Kingdom, the Royal Canadian

10 Mounted Police, INTERPOL headquarters in Lyon,

11 France, and others, which has enabled the Center to

12 transmit images and information regarding missing

13 children to law enforcement across the United States

14 and around the world instantly;

15 ‘‘(14) from its inception in 1984 through March

16 31, 1998, the Center has—

17 ‘‘(A) handled 1,203,974 calls through its

18 24-hour toll-free hotline (1–800–THE–LOST)

19 and currently averages 700 calls per day;

20 ‘‘(B) trained 146,284 law enforcement,

21 criminal and juvenile justice, and healthcare

22 professionals in child sexual exploitation and

23 missing child case detection, identification, in24 vestigation, and prevention;
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1 ‘‘(C) disseminated 15,491,344 free publica2 tions to citizens and professionals; and

3 ‘‘(D) worked with law enforcement on the

4 cases of 59,481 missing children, resulting in

5 the recovery of 40,180 children;

6 ‘‘(15) the demand for the services of the Center

7 is growing dramatically, as evidenced by the fact

8 that in 1997, the Center handled 129,100 calls, an

9 all-time record, and by the fact that its new Internet

10 website (www.missingkids.com) receives 1,500,000

11 ‘hits’ every day, and is linked with hundreds of other

12 websites to provide real-time images of breaking

13 cases of missing children;

14 ‘‘(16) in 1997, the Center provided policy train15 ing to 256 police chiefs and sheriffs from 50 States

16 and Guam at its new Jimmy Ryce Law Enforcement

17 Training Center;

18 ‘‘(17) the programs of the Center have had a

19 remarkable impact, such as in the fight against in20 fant abductions in partnership with the healthcare

21 industry, during which the Center has performed

22 668 onsite hospital walk-throughs and inspections,

23 and trained 45,065 hospital administrators, nurses,

24 and security personnel, and thereby helped to reduce
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1 infant abductions in the United States by 82 per2 cent;

3 ‘‘(18) the Center is now playing a significant

4 role in international child abduction cases, serving as

5 a representative of the Department of State at cases

6 under The Hague Convention, and successfully re7 solving the cases of 343 international child abduc8 tions, and providing greater support to parents in

9 the United States;

10 ‘‘(19) the Center is a model of public/private

11 partnership, raising private sector funds to match

12 congressional appropriations and receiving extensive

13 private in-kind support, including advanced tech14 nology provided by the computer industry such as

15 imaging technology used to age the photographs of

16 long-term missing children and to reconstruct facial

17 images of unidentified deceased children;

18 ‘‘(20) the Center was 1 of only 10 of 300 major

19 national charities given an A+ grade in 1997 by the

20 American Institute of Philanthropy; and

21 ‘‘(21) the Center has been redesignated as the

22 Nation’s missing children clearinghouse and resource

23 center once every 3 years through a competitive se24 lection process conducted by the Office of Juvenile

25 Justice and Delinquency Prevention of the Depart-
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1 ment of Justice, and has received grants from that

2 Office to conduct the crucial purposes of the Cen3 ter.’’.

4 (b) DEFINITIONS.—Section 403 of the Missing Chil5 dren’s Assistance Act (42 U.S.C. 5772) is amended—

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

7 end;

8 (2) in paragraph (2), by striking the period at

9 the end and inserting ‘‘; and’’; and

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

11 ‘‘(3) the term ‘Center’ means the National Cen12 ter for Missing and Exploited Children.’’.

13 (c) DUTIES AND FUNCTIONS OF THE ADMINIS14 TRATOR.—Section 404 of the Missing Children’s Assist15 ance Act (42 U.S.C. 5773) is amended—

16 (1) by redesignating subsection (c) as sub17 section (d); and

18 (2) by striking subsection (b) and inserting the

19 following:

20 ‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR

21 MISSING AND EXPLOITED CHILDREN.—

22 ‘‘(1) IN GENERAL.—The Administrator shall

23 annually make a grant to the Center, which shall be

24 used to—
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1 ‘‘(A)(i) operate a national 24-hour toll-free

2 telephone line by which individuals may report

3 information regarding the location of any miss4 ing child, or other child 13 years of age or

5 younger whose whereabouts are unknown to

6 such child’s legal custodian, and request infor7 mation pertaining to procedures necessary to

8 reunite such child with such child’s legal custo9 dian; and

10 ‘‘(ii) coordinate the operation of such tele11 phone line with the operation of the national

12 communications system referred to in part C of

13 the Runaway and Homeless Youth Act (42

14 U.S.C. 5714–11);

15 ‘‘(B) operate the official national resource

16 center and information clearinghouse for miss17 ing and exploited children;

18 ‘‘(C) provide to State and local govern19 ments, public and private nonprofit agencies,

20 and individuals, information regarding—

21 ‘‘(i) free or low-cost legal, restaurant,

22 lodging, and transportation services that

23 are available for the benefit of missing and

24 exploited children and their families; and
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1 ‘‘(ii) the existence and nature of pro2 grams being carried out by Federal agen3 cies to assist missing and exploited chil4 dren and their families;

5 ‘‘(D) coordinate public and private pro6 grams that locate, recover, or reunite missing

7 children with their families;

8 ‘‘(E) disseminate, on a national basis, in9 formation relating to innovative and model pro10 grams, services, and legislation that benefit

11 missing and exploited children;

12 ‘‘(F) provide technical assistance and

13 training to law enforcement agencies, State and

14 local governments, elements of the criminal jus15 tice system, public and private nonprofit agen16 cies, and individuals in the prevention, inves17 tigation, prosecution, and treatment of cases in18 volving missing and exploited children; and

19 ‘‘(G) provide assistance to families and law

20 enforcement agencies in locating and recovering

21 missing and exploited children, both nationally

22 and internationally.

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to the Ad25 ministrator to carry out this subsection,
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1 $10,000,000 for each of fiscal years 2000, 2001,

2 2002, 2003, and 2004.

3 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis4 trator, either by making grants to or entering into con5 tracts with public agencies or nonprofit private agencies,

6 shall—

7 ‘‘(1) periodically conduct national incidence

8 studies to determine for a given year the actual

9 number of children reported missing each year, the

10 number of children who are victims of abduction by

11 strangers, the number of children who are the vic12 tims of parental kidnapings, and the number of chil13 dren who are recovered each year; and

14 ‘‘(2) provide to State and local governments,

15 public and private nonprofit agencies, and individ16 uals information to facilitate the lawful use of school

17 records and birth certificates to identify and locate

18 missing children.’’.

19 (d) NATIONAL CENTER FOR MISSING AND EX20 PLOITED CHILDREN.—Section 405(a) of the Missing Chil21 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by

22 inserting ‘‘the Center and with’’ before ‘‘public agencies’’.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

24 408 of the Missing Children’s Assistance Act (42 U.S.C.
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1 5777) is amended by striking ‘‘1997 through 2001’’ and

2 inserting ‘‘2000 through 2004’’.

3 SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVI4 SIONS.

5 (a) DEFINITIONS.—In this section, unless otherwise

6 provided or indicated by the context:

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Office of Ju9 venile Crime Control and Prevention established by

10 operation of subsection (b).

11 (2) ADMINISTRATOR OF THE OFFICE.—The

12 term ‘‘Administrator of the Office’’ means the Ad13 ministrator of the Office of Juvenile Justice and De14 linquency Prevention.

15 (3) BUREAU OF JUSTICE ASSISTANCE.—The

16 term ‘‘Bureau of Justice Assistance’’ means the bu17 reau established under section 401 of title I of the

18 Omnibus Crime Control and Safe Streets Act of

19 1968.

20 (4) FEDERAL AGENCY.—The term ‘‘Federal

21 agency’’ has the meaning given the term ‘‘agency’’

22 by section 551(1) of title 5, United States Code.

23 (5) FUNCTION.—The term ‘‘function’’ means

24 any duty, obligation, power, authority, responsibility,

25 right, privilege, activity, or program.
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1 (6) OFFICE OF JUVENILE CRIME CONTROL AND

2 PREVENTION.—The term ‘‘Office of Juvenile Crime

3 Control and Prevention’’ means the office estab4 lished by operation of subsection (b).

5 (7) OFFICE OF JUVENILE JUSTICE AND DELIN6 QUENCY PREVENTION.—The term ‘‘Office of Juve7 nile Justice and Delinquency Prevention’’ means the

8 Office of Juvenile Justice and Delinquency Preven9 tion of the Department of Justice, established by

10 section 201 of the Juvenile Justice and Delinquency

11 Prevention Act of 1974, as in effect on the day be12 fore the date of enactment of this Act.

13 (8) OFFICE.—The term ‘‘office’’ includes any

14 office, administration, agency, institute, unit, organi15 zational entity, or component thereof.

16 (b) TRANSFER OF FUNCTIONS.—There are trans17 ferred to the Office of Juvenile Crime Control and Preven18 tion all functions that the Administrator of the Office ex19 ercised before the date of enactment of this Act (including

20 all related functions of any officer or employee of the Of21 fice of Juvenile Justice and Delinquency Prevention), and

22 authorized after the date of enactment of this Act, relating

23 to carrying out the Juvenile Justice and Delinquency Pre24 vention Act of 1974.
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1 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA2 TIONS AND PERSONNEL.—

3 (1) IN GENERAL.—Except as otherwise pro4 vided in this section, the personnel employed in con5 nection with, and the assets, liabilities, contracts,

6 property, records, and unexpended balances of ap7 propriations, authorizations, allocations, and other

8 amounts employed, used, held, arising from, avail9 able to, or to be made available in connection with

10 the functions transferred by this section, subject to

11 section 1531 of title 31, United States Code, shall

12 be transferred to the Office of Juvenile Crime Con13 trol and Prevention.

14 (2) UNEXPENDED AMOUNTS.—Any unexpended

15 amounts transferred pursuant to this subsection

16 shall be used only for the purposes for which the

17 amounts were originally authorized and appro18 priated.

19 (d) INCIDENTAL TRANSFERS.—

20 (1) IN GENERAL.—The Director of the Office of

21 Management and Budget, at such time or times as

22 the Director of that Office shall provide, may make

23 such determinations as may be necessary with re24 gard to the functions transferred by this section, and

25 to make such additional incidental dispositions of
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1 personnel, assets, liabilities, grants, contracts, prop2 erty, records, and unexpended balances of appropria3 tions, authorizations, allocations, and other amounts

4 held, used, arising from, available to, or to be made

5 available in connection with such functions, as may

6 be necessary to carry out this section.

7 (2) TERMINATION OF AFFAIRS.—The Director

8 of the Office of Management and Budget shall pro9 vide for the termination of the affairs of all entities

10 terminated by this section and for such further

11 measures and dispositions as may be necessary to ef12 fectuate the purposes of this section.

13 (e) EFFECT ON PERSONNEL.—

14 (1) IN GENERAL.—Except as otherwise pro15 vided by this section, the transfer pursuant to this

16 section of full-time personnel (except special Govern17 ment employees) and part-time personnel holding

18 permanent positions shall not cause any such em19 ployee to be separated or reduced in grade or com20 pensation for 1 year after the date of transfer of

21 such employee under this section.

22 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

23 as otherwise provided in this section, any person

24 who, on the day before the date of enactment of this

25 Act, held a position compensated in accordance with
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1 the Executive Schedule prescribed in chapter 53 of

2 title 5, United States Code, and who, without a

3 break in service, is appointed in the Office of Juve4 nile Crime Control and Prevention to a position hav5 ing duties comparable to the duties performed imme6 diately preceding such appointment shall continue to

7 be compensated in such new position at not less

8 than the rate provided for such previous position, for

9 the duration of the service of such person in such

10 new position.

11 (3) TRANSITION RULE.—The incumbent Ad12 ministrator of the Office as of the date immediately

13 preceding the date of enactment of this Act shall

14 continue to serve as Administrator after the date of

15 enactment of this Act until such time as the incum16 bent resigns, is relieved of duty by the President, or

17 an Administrator is appointed by the President, by

18 and with the advice and consent of the Senate.

19 (f) SAVINGS PROVISIONS.—

20 (1) CONTINUING EFFECT OF LEGAL DOCU21 MENTS.—All orders, determinations, rules, regula22 tions, permits, agreements, grants, contracts, certifi23 cates, licenses, registrations, privileges, and other

24 administrative actions—
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1 (A) that have been issued, made, granted,

2 or allowed to become effective by the President,

3 any Federal agency or official thereof, or by a

4 court of competent jurisdiction, in the perform5 ance of functions that are transferred under

6 this section; and

7 (B) that are in effect at the time this sec8 tion takes effect, or were final before the date

9 of enactment of this Act and are to become ef10 fective on or after the date of enactment of this

11 Act, shall continue in effect according to their

12 terms until modified, terminated, superseded,

13 set aside, or revoked in accordance with law by

14 the President, the Administrator, or other au15 thorized official, a court of competent jurisdic16 tion, or by operation of law.

17 (2) PROCEEDINGS NOT AFFECTED.—

18 (A) IN GENERAL.—This section shall not

19 affect any proceedings, including notices of pro20 posed rulemaking, or any application for any li21 cense, permit, certificate, or financial assistance

22 pending before the Office of Juvenile Justice

23 and Delinquency Prevention on the date on

24 which this section takes effect, with respect to
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1 functions transferred by this section but such

2 proceedings and applications shall be continued.

3 (B) ORDERS; APPEALS; PAYMENTS.—Or4 ders shall be issued in such proceedings, ap5 peals shall be taken therefrom, and payments

6 shall be made pursuant to such orders, as if

7 this section had not been enacted, and orders

8 issued in any such proceedings shall continue in

9 effect until modified, terminated, superseded, or

10 revoked by a duly authorized official, by a court

11 of competent jurisdiction, or by operation of

12 law.

13 (C) DISCONTINUANCE OR MODIFICA14 TION.—Nothing in this paragraph shall be con15 strued to prohibit the discontinuance or modi16 fication of any such proceeding under the same

17 terms and conditions and to the same extent

18 that such proceeding could have been discon19 tinued or modified if this paragraph had not

20 been enacted.

21 (3) SUITS NOT AFFECTED.—This section shall

22 not affect suits commenced before the date of enact23 ment of this Act, and in all such suits, proceedings

24 shall be had, appeals taken, and judgments rendered
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1 in the same manner and with the same effect as if

2 this section had not been enacted.

3 (4) NONABATEMENT OF ACTIONS.—No suit, ac4 tion, or other proceeding commenced by or against

5 the Office of Juvenile Justice and Delinquency Pre6 vention, or by or against any individual in the offi7 cial capacity of such individual as an officer of the

8 Office of Juvenile Justice and Delinquency Preven9 tion, shall abate by reason of the enactment of this

10 section.

11 (5) ADMINISTRATIVE ACTIONS RELATING TO

12 PROMULGATION OF REGULATIONS.—Any administra13 tive action relating to the preparation or promulga14 tion of a regulation by the Office of Juvenile Justice

15 and Delinquency Prevention relating to a function

16 transferred under this section may be continued, to

17 the extent authorized by this section, by the Office

18 of Juvenile Crime Control and Prevention with the

19 same effect as if this section had not been enacted.

20 (6) RULE OF CONSTRUCTION.—Nothing in this

21 subsection may be construed to affect the authority

22 under section 242A or 243 of the Juvenile Justice

23 and Delinquency Prevention Act of 1974, as amend24 ed by this Act.

25 (g) TRANSITION.—The Administrator may utilize—
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1 (1) the services of such officers, employees, and

2 other personnel of the Office of Juvenile Justice and

3 Delinquency Prevention with respect to functions

4 transferred to the Office of Juvenile Crime Control

5 and Prevention by this section; and

6 (2) amounts appropriated to such functions for

7 such period of time as may reasonably be needed to

8 facilitate the orderly implementation of this section.

9 (h) REFERENCES.—Reference in any other Federal

10 law, Executive order, rule, regulation, or delegation of au11 thority, or any document of or relating to—

12 (1) the Administrator of the Office of Juvenile

13 Justice and Delinquency Prevention with regard to

14 functions transferred by operation of subsection (b),

15 shall be considered to refer to the Administrator of

16 the Office of Juvenile Crime Control and Prevention;

17 and

18 (2) the Office of Juvenile Justice and Delin19 quency Prevention with regard to functions trans20 ferred by operation of subsection (b), shall be con21 sidered to refer to the Office of Juvenile Crime Con22 trol and Prevention.

23 (i) TECHNICAL AND CONFORMING AMENDMENTS.—

24 (1) Section 5315 of title 5, United States Code,

25 is amended by striking ‘‘Administrator, Office of Ju-
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1 venile Justice and Delinquency Prevention’’ and in2 serting ‘‘Administrator, Office of Juvenile Crime

3 Control and Prevention’’.

4 (2) Section 4351(b) of title 18, United States

5 Code, is amended by striking ‘‘Office of Juvenile

6 Justice and Delinquency Prevention’’ and inserting

7 ‘‘Office of Juvenile Crime Control and Prevention’’.

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

9 of title 39, United States Code, are each amended

10 by striking ‘‘Office of Juvenile Justice and Delin11 quency Prevention’’ each place it appears and insert12 ing ‘‘Office of Juvenile Crime Control and Preven13 tion’’.

14 (4) Section 463(f) of the Social Security Act

15 (42 U.S.C. 663(f)) is amended by striking ‘‘Office of

16 Juvenile Justice and Delinquency Prevention’’ and

17 inserting ‘‘Office of Juvenile Crime Control and Pre18 vention’’.

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

20 I of the Omnibus Crime Control and Safe Streets

21 Act of 1968 (42 U.S.C. 3712(a), 3782, 3785, 3786,

22 3789i) are amended by striking ‘‘Office of Juvenile

23 Justice and Delinquency Prevention’’ each place it

24 appears and inserting ‘‘Office of Juvenile Crime

25 Control and Prevention’’.
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1 (6) The Victims of Child Abuse Act of 1990

2 (42 U.S.C. 13001 et seq.) is amended—

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

4 293, and 296 of subpart II of title II’’ and in5 serting ‘‘299B and 299E’’;

6 (B) in section 214A(c)(1) by striking

7 ‘‘262, 293, and 296 of subpart II of title II’’

8 and inserting ‘‘299B and 299E’’;

9 (C) in sections 217 and 222 by striking

10 ‘‘Office of Juvenile Justice and Delinquency

11 Prevention’’ each place it appears and inserting

12 ‘‘Office of Juvenile Crime Control and Preven13 tion’’; and

14 (D) in section 223(c) by striking ‘‘section

15 262, 293, and 296’’ and inserting ‘‘sections

16 262, 299B, and 299E’’.

17 (7) The Missing Children’s Assistance Act (42

18 U.S.C. 5771 et seq.) is amended—

19 (A) in section 403(2) by striking ‘‘Justice

20 and Delinquency Prevention’’ and inserting

21 ‘‘Crime Control and Delinquency Prevention’’;

22 and

23 (B) in subsections (a)(5)(E) and (b)(1)(B)

24 of section 404 by striking ‘‘section 313’’ and in25 serting ‘‘section 331’’.
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1 (8) The Crime Control Act of 1990 (42 U.S.C.

2 13001 et seq.) is amended—

3 (A) in section 217(c)(1) by striking ‘‘sec4 tions 262, 293, and 296 of subpart II of title

5 II’’ and inserting ‘‘sections 299B and 299E’’;

6 and

7 (B) in section 223(c) by striking ‘‘section

8 262, 293, and 296 of title II’’ and inserting

9 ‘‘sections 299B and 299E’’.

10 (j) REFERENCES.—In any Federal law (excluding

11 this Act and the Acts amended by this Act), Executive

12 order, rule, regulation, order, delegation of authority,

13 grant, contract, suit, or document a reference to the Office

14 of Juvenile Justice and Delinquency Prevention shall be

15 deemed to include a reference to the Office of Juvenile

16 Crime Control and Prevention.

17 Subtitle B—Accountability for Ju18 venile Offenders and Public

19 Protection Incentive Grants

20 SEC. 321. BLOCK GRANT PROGRAM.

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

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

23 3796 et seq.) is amended to read as follows:
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1 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

2 GRANTS

3 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

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

5 make, subject to the availability of appropriations, grants

6 to States for use by States and units of local government

7 in planning, establishing, operating, coordinating, and

8 evaluating projects, directly or through grants and con9 tracts with public and private agencies, for the develop10 ment of more effective investigation, prosecution, and pun11 ishment (including the imposition of graduated sanctions)

12 of crimes or acts of delinquency committed by juveniles,

13 programs to improve the administration of justice for and

14 ensure accountability by juvenile offenders, and programs

15 to reduce the risk factors (such as truancy, drug or alcohol

16 use, and gang involvement) associated with juvenile crime

17 or delinquency.

18 ‘‘(b) USE OF GRANTS.—Grants under this section

19 may be used by States and units of local government—

20 ‘‘(1) for programs to enhance the identification,

21 investigation, prosecution, and punishment of juve22 nile offenders, such as—

23 ‘‘(A) the utilization of graduated sanctions;

24 ‘‘(B) the utilization of short-term confine25 ment of juvenile offenders;
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1 ‘‘(C) the incarceration of violent juvenile

2 offenders for extended periods of time;

3 ‘‘(D) the hiring of juvenile public defend4 ers, juvenile judges, juvenile probation officers,

5 and juvenile correctional officers to implement

6 policies to control juvenile crime and violence

7 and ensure accountability of juvenile offenders;

8 and

9 ‘‘(E) the development and implementation

10 of coordinated, multi-agency systems for—

11 ‘‘(i) the comprehensive and coordi12 nated booking, identification, and assess13 ment of juveniles arrested or detained by

14 law enforcement agencies, including the

15 utilization of multi-agency facilities such as

16 juvenile assessment centers; and

17 ‘‘(ii) the coordinated delivery of sup18 port services for juveniles who have had or

19 are at risk for contact with the juvenile or

20 criminal systems, including utilization of

21 court-established local service delivery

22 councils;

23 ‘‘(2) for programs that require juvenile offend24 ers to make restitution to the victims of offenses

25 committed by those juvenile offenders, including pro-
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1 grams designed and operated to further the goal of

2 providing eligible offenders with an alternative to ad3 judication that emphasizes restorative justice;

4 ‘‘(3) for programs that require juvenile offend5 ers to attend and successfully complete school or vo6 cational training as part of a sentence imposed by

7 a court;

8 ‘‘(4) for programs that require juvenile offend9 ers who are parents to demonstrate parental respon10 sibility by working and paying child support;

11 ‘‘(5) for programs that seek to curb or punish

12 truancy;

13 ‘‘(6) for programs designed to collect, record,

14 retain, and disseminate information useful in the

15 identification, prosecution, and sentencing of juvenile

16 offenders, such as criminal history information, fin17 gerprints, DNA tests, and ballistics tests;

18 ‘‘(7) for the development and implementation of

19 coordinated multijurisdictional or multiagency pro20 grams for the identification, control, supervision,

21 prevention, investigation, and treatment of the most

22 serious juvenile offenses and offenders, popularly

23 known as a ‘SHOCAP Program’ (Serious Habitual

24 Offenders Comprehensive Action Program);
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1 ‘‘(8) for the development and implementation of

2 coordinated multijurisdictional or multiagency pro3 grams for the identification, control, supervision,

4 prevention, investigation, and disruption of youth

5 gangs;

6 ‘‘(9) for the construction or remodeling of

7 short- and long-term facilities for juvenile offenders;

8 ‘‘(10) for the development and implementation

9 of technology, equipment, training programs for ju10 venile crime control, for law enforcement officers,

11 judges, prosecutors, probation officers, and other

12 court personnel who are employed by State and local

13 governments, in furtherance of the purposes identi14 fied in this section;

15 ‘‘(11) for partnerships between State edu16 cational agencies and local educational agencies for

17 the design and implementation of character edu18 cation and training programs that incorporate the

19 following elements of character: Caring, citizenship,

20 fairness, respect, responsibility and trustworthiness;

21 ‘‘(12) for programs to seek to target, curb and

22 punish adults who knowingly and intentionally use a

23 juvenile during the commission or attempted com24 mission of a crime, including programs that specifi25 cally provide for additional punishments or sentence
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1 enhancements for adults who knowingly and inten2 tionally use a juvenile during the commission or at3 tempted commission of a crime;

4 ‘‘(13) for juvenile prevention programs (includ5 ing curfews, youth organizations, anti-drug, and

6 anti-alcohol programs, anti-gang programs, and

7 after school programs and activities);

8 ‘‘(14) for juvenile drug and alcohol treatment

9 programs;

10 ‘‘(15) for school counseling and other school11 base prevention programs;

12 ‘‘(16) for programs that drug test juveniles who

13 are arrested, including follow-up testings; and

14 ‘‘(17) for programs for—

15 ‘‘(A) providing cross-training, jointly with

16 the public mental health system, for State juve17 nile court judges, public defenders, prosecutors,

18 and mental health and substance abuse agency

19 representatives with respect to the appropriate

20 use of effective, community-based alternatives

21 to juvenile justice or mental health system insti22 tutional placements; or

23 ‘‘(B) providing training for State juvenile

24 probation officers and community mental health

25 and substance abuse program representatives
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1 on appropriate linkages between probation pro2 grams and mental health community programs,

3 specifically focusing on the identification of

4 mental disorders and substance abuse addiction

5 in juveniles on probation, effective treatment

6 interventions for those disorders, and making

7 appropriate contact with mental health and

8 substance abuse case managers and programs

9 in the community, in order to ensure that juve10 niles on probation receive appropriate access to

11 mental health and substance abuse treatment

12 programs and services.

13 ‘‘(c) REQUIREMENTS.—To be eligible to receive an in14 centive grant under this section, a State shall submit to

15 the Attorney General an application, in such form as shall

16 be prescribed by the Attorney General, which shall contain

17 assurances that, not later than 1 year after the date on

18 which the State submits such application—

19 ‘‘(1) the State has established or will establish

20 a system of graduated sanctions for juvenile offend21 ers that ensures appropriate sanctions, which are

22 graduated to reflect the severity or repeated nature

23 of violations, for each act of delinquency;

24 ‘‘(2) the State has established or will establish

25 a policy of drug testing (including followup testing)
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1 juvenile offenders upon their arrest for any offense

2 within an appropriate category of offenses des3 ignated by the chief executive officer of the State;

4 and

5 ‘‘(3) the State has an established policy recog6 nizing the rights and needs of victims of crimes com7 mitted by juveniles.

8 ‘‘(d) ALLOCATION AND DISTRIBUTION OF STATE

9 GRANTS.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) STATE AND LOCAL DISTRIBUTION.—

12 Subject to subparagraph (B), of amounts made

13 available to the State, 30 percent may be re14 tained by the State for use pursuant to para15 graph (2) and 70 percent shall be reserved by

16 the State for local distribution pursuant to

17 paragraph (3).

18 ‘‘(B) SPECIAL RULE.—The Attorney Gen19 eral may waive the requirements of this para20 graph with respect to any State in which the

21 criminal and juvenile justice services for delin22 quent or other youth are organized primarily on

23 a statewide basis, in which case not more than

24 50 percent of funds shall be made available to
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1 all units of local government in that State pur2 suant to paragraph (3).

3 ‘‘(2) OTHER DISTRIBUTION.—Of amounts re4 tained by the State under paragraph (1)—

5 ‘‘(A) not less than 50 percent shall be des6 ignated for—

7 ‘‘(i) programs pursuant to paragraph

8 (1) or (9) of subsection (b), except that if

9 the State designates any amounts for pur10 poses of construction or remodeling of

11 short- or long-term facilities pursuant to

12 subsection (b)(9), such amounts shall con13 stitute not more than 50 percent of the es14 timated construction or remodeling cost

15 and that no funds expended pursuant to

16 this subparagraph may be used for the in17 carceration of any offender who was more

18 than 21 years of age at the time of the of19 fense, and no funds expended pursuant to

20 this subparagraph may be used for con21 struction, renovation, or expansion of fa22 cilities for such offenders, except that

23 funds may be used to construct juvenile fa24 cilities collocated with adult facilities; or
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1 ‘‘(ii) drug testing upon arrest for any

2 offense within the category of offenses des3 ignated pursuant to subsection (c)(3), and

4 intensive supervision thereafter pursuant

5 to programs under subsection (b)(7) and

6 subsection (c)(3); and

7 ‘‘(B) not less than 25 percent shall be used

8 for the purposes set forth in paragraph (13),

9 (14), or (15) of subsection (b).

10 ‘‘(3) LOCAL ELIGIBILITY AND DISTRIBUTION.—

11 ‘‘(A) IN GENERAL.—

12 ‘‘(i) LOCAL DISTRIBUTION SUBGRANT

13 ELIGIBILITY.—To be eligible to receive a

14 subgrant, a unit of local government shall

15 provide such assurances to the State as the

16 State shall require, that, to the maximum

17 extent applicable, the unit of local govern18 ment has laws or policies and programs

19 that comply with the eligibility require20 ments of subsection (c).

21 ‘‘(ii) COORDINATED LOCAL EFFORT.—

22 Prior to receiving a grant under this sec23 tion, a unit of local government shall cer24 tify that it has or will establish a coordi25 nated enforcement plan for reducing juve-
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1 nile crime within the jurisdiction of the

2 unit of local government, developed by a

3 juvenile crime enforcement coalition, such

4 coalition consisting of individuals within

5 the jurisdiction representing the police,

6 sheriff, prosecutor, State or local probation

7 services, juvenile court, schools, business,

8 and religious affiliated, fraternal, non9 profit, or social service organizations in10 volved in crime prevention.

11 ‘‘(B) SPECIAL RULE.—The requirements

12 of subparagraph (A) shall apply to an eligible

13 unit that receives funds from the Attorney Gen14 eral under subparagraph (H), except that infor15 mation that would otherwise be submitted to

16 the State shall be submitted to the Attorney

17 General.

18 ‘‘(C) LOCAL DISTRIBUTION.—From

19 amounts reserved for local distribution under

20 paragraph (1), the State shall allocate to such

21 units of local government an amount that bears

22 the same ratio to the aggregate amount of such

23 funds as—

24 ‘‘(i) the sum of—

25 ‘‘(I) the product of—
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1 ‘‘(aa) two-thirds; multiplied

2 by

3 ‘‘(bb) the average law en4 forcement expenditure for such

5 unit of local government for the

6 3 most recent calendar years for

7 which such data is available; plus

8 ‘‘(II) the product of—

9 ‘‘(aa) one-third; multiplied

10 by

11 ‘‘(bb) the average annual

12 number of part 1 violent crimes

13 in such unit of local government

14 for the 3 most recent calendar

15 years for which such data is

16 available, bears to—

17 ‘‘(ii) the sum of the products deter18 mined under subparagraph (A) for all such

19 units of local government in the State.

20 ‘‘(D) EXPENDITURES.—The allocation any

21 unit of local government shall receive under

22 paragraph (1) for a payment period shall not

23 exceed 100 percent of law enforcement expendi24 tures of the unit for such payment period.
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1 ‘‘(E) REALLOCATION.—The amount of any

2 unit of local government’s allocation that is not

3 available to such unit by operation of paragraph

4 (2) shall be available to other units of local gov5 ernment that are not affected by such operation

6 in accordance with this subsection.

7 ‘‘(F) UNAVAILABILITY OF DATA FOR UNITS

8 OF LOCAL GOVERNMENT.—If the State has rea9 son to believe that the reported rate of part 1

10 violent crimes or law enforcement expenditure

11 for a unit of local government is insufficient or

12 inaccurate, the State shall—

13 ‘‘(i) investigate the methodology used

14 by the unit to determine the accuracy of

15 the submitted data; and

16 ‘‘(ii) if necessary, use the best avail17 able comparable data regarding the num18 ber of violent crimes or law enforcement

19 expenditure for the relevant years for the

20 unit of local government.

21 ‘‘(G) LOCAL GOVERNMENT WITH ALLOCA22 TIONS LESS THAN $5,000.—If, under this sec23 tion, a unit of local government is allocated less

24 than $5,000 for a payment period, the amount

25 allocated shall be expended by the State on
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1 services to units of local government whose al2 lotment is less than such amount in a manner

3 consistent with this part.

4 ‘‘(H) DIRECT GRANTS TO ELIGIBLE

5 UNITS.—

6 ‘‘(i) IN GENERAL.—If a State does

7 not qualify or apply for a grant under this

8 section, by the application deadline estab9 lished by the Attorney General, the Attor10 ney General shall reserve not more than 70

11 percent of the allocation that the State

12 would have received for grants under this

13 section under subsection (e) for such fiscal

14 year to provide grants to eligible units that

15 meet the requirements for funding under

16 subparagraph (A).

17 ‘‘(ii) AWARD BASIS.—In addition to

18 the qualification requirements for direct

19 grants for eligible units the Attorney Gen20 eral may use the average amount allocated

21 by the States to like governmental units as

22 a basis for awarding grants under this sec23 tion.

24 ‘‘(I) ALLOCATION BY UNITS OF LOCAL

25 GOVERNMENT.—Of the total amount made
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1 available under this section to a unit of local

2 government for a fiscal year, not less than 25

3 percent shall be used for the purposes set forth

4 in paragraph (13), (14), or (15) of subsection

5 (b), and not less than 50 percent shall be des6 ignated for—

7 ‘‘(i) paragraph (1) or (9) of sub8 section (b), except that, if amounts are al9 located for purposes of construction or re10 modeling of short- or long-term facilities

11 pursuant to subsection (b)(9)—

12 ‘‘(I) the unit of local government

13 shall coordinate such expenditures

14 with similar State expenditures;

15 ‘‘(II) Federal funds shall con16 stitute not more than 50 percent of

17 the estimated construction or remod18 eling cost; and

19 ‘‘(III) no funds expended pursu20 ant to this clause may be used for the

21 incarceration of any offender who was

22 more than 21 years of age at the time

23 of the offense or for construction, ren24 ovation, or expansion of facilities for

25 such offenders, except that funds may
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1 be used to construct juvenile facilities

2 collocated with adult facilities, includ3 ing separate buildings for juveniles

4 and separate juvenile wings, cells, or

5 areas collocated within an adult jail or

6 lockup; or

7 ‘‘(ii) drug testing upon arrest for any

8 offense within the category of offenses des9 ignated pursuant to subsection (c)(3), and

10 intensive supervision thereafter pursuant

11 to programs under subsection (b)(7) and

12 subsection (c)(3).

13 ‘‘(4) NONSUPPLANTATION.—Amounts made

14 available under this section to the States (or units

15 of local government in the State) shall not be used

16 to supplant State or local funds (or in the case of

17 Indian tribal governments, to supplant amounts pro18 vided by the Bureau of Indian Affairs) but shall be

19 used to increase the amount of funds that would in

20 the absence of amounts received under this section,

21 be made available from a State or local source, or

22 in the case of Indian tribal governments, from

23 amounts provided by the Bureau of Indian Affairs.

24 ‘‘(e) ALLOCATION OF GRANTS AMONG QUALIFYING

25 STATES; RESTRICTIONS ON USE.—
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1 ‘‘(1) ALLOCATION.—Amounts made available

2 under this section shall be allocated as follows:

3 ‘‘(A) 0.5 percent shall be allocated to each

4 eligible State.

5 ‘‘(B) The amount remaining after the allo6 cation under subparagraph (A) shall be allo7 cated proportionately based on the population

8 that is less than 18 years of age in the eligible

9 States.

10 ‘‘(2) RESTRICTIONS ON USE.—Amounts made

11 available under this section shall be subject to the

12 restrictions of subsections (a) and (b) of section 292

13 of the Juvenile Justice and Delinquency Prevention

14 Act of 1974, except that the penalties in section

15 292(c) of such Act do not apply.

16 ‘‘(f) GRANTS TO INDIAN TRIBES.—

17 ‘‘(1) RESERVATION OF FUNDS.—Notwith18 standing any other provision of law, from the

19 amounts appropriated pursuant to section 291 of the

20 Juvenile Justice and Delinquency Prevention Act of

21 1974, for each fiscal year, the Attorney General

22 shall reserve an amount equal to the amount to

23 which all Indian tribes eligible to receive a grant

24 under paragraph (3) would collectively be entitled, if
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1 such tribes were collectively treated as a State to

2 carry out this subsection.

3 ‘‘(2) GRANTS TO INDIAN TRIBES.—From the

4 amounts reserved under paragraph (1), the Attorney

5 General shall make grants to Indian tribes for pro6 grams pursuant to the permissible purposes under

7 section 1801.

8 ‘‘(3) APPLICATIONS.—To be eligible to receive a

9 grant under this subsection, an Indian tribe shall

10 submit to the Attorney General an application in

11 such form and containing such information as the

12 Attorney General may by regulation require. The re13 quirements of subsection (c) apply to grants under

14 this subsection.

15 ‘‘SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

16 ‘‘(a) IN GENERAL.—The Attorney General, through

17 the Director of the Bureau of Justice Statistics and with

18 consultation and coordination with the Office of Justice

19 Programs and the Attorney General, upon application

20 from a State (in such form and containing such informa21 tion as the Attorney General may reasonably require) shall

22 make a grant to each eligible State to be used by the State

23 exclusively for purposes of meeting the eligibility require24 ments of subsection (b).
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1 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant

2 under subsection (a) if its application provides assurances

3 that, not later than 3 years after the date on which such

4 application is submitted, the State will—

5 ‘‘(1) maintain, at the adult State central reposi6 tory in accordance with the State’s established prac7 tices and policies relating to adult criminal history

8 records—

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

10 adjudication of delinquency of any juvenile who

11 commits an act that, if committed by an adult,

12 would constitute the offense of murder, armed

13 robbery, rape (except statutory rape), or a fel14 ony offense involving sexual molestation of a

15 child, or a conspiracy or attempt to commit any

16 such offense (all as defined by State law), that

17 is equivalent to, and maintained and dissemi18 nated in the same manner and for the same

19 purposes as are adult criminal history records

20 for the same offenses, except that the record

21 may include a notation of expungement pursu22 ant to State law; and

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

24 adjudication of delinquency of any juvenile who

25 commits an act that, if committed by an adult,
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1 would be a felony other than a felony described

2 in subparagraph (A) that is equivalent to, and

3 maintained and disseminated in the same man4 ner for any criminal justice purpose as are

5 adult criminal history records for the same of6 fenses, except that the record may include a no7 tation of expungement pursuant to State law;

8 and

9 ‘‘(2) will establish procedures by which an offi10 cial of an elementary, secondary, and post-secondary

11 school may, in appropriate circumstances (as defined

12 by applicable State law), gain access to the juvenile

13 adjudication record of a student enrolled at the

14 school, or a juvenile who seeks, intends, or is in15 structed to enroll at that school, if—

16 ‘‘(A) the official is subject to the same

17 standards and penalties under applicable Fed18 eral and State law relating to the handling and

19 disclosure of information contained in juvenile

20 adjudication records as are employees of law

21 enforcement and juvenile justice agencies in the

22 State; and

23 ‘‘(B) information contained in the juvenile

24 adjudication record may not be used for the

25 purpose of making an admission determination.
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1 ‘‘(c) VALIDITY OF CERTAIN JUDGMENTS.—Nothing

2 in this section shall require States, in order to qualify for

3 grants under this title, to modify laws concerning the sta4 tus of any adjudication of juvenile delinquency or judg5 ment of conviction under the law of the State that entered

6 the judgment.

7 ‘‘(d) DEFINITIONS.—In this section—

8 ‘‘(1) the term ‘criminal justice purpose’ means

9 the use by and within the criminal justice system for

10 the detection, apprehension, detention, pretrial re11 lease, post-trial release, prosecution, adjudication,

12 sentencing, disposition, correctional supervision, or

13 rehabilitation of accused persons, criminal offenders,

14 or juvenile delinquents; and

15 ‘‘(2) the term ‘expungement’ means the nul16 lification of the legal effect of the conviction or adju17 dication to which the record applies.

18 ‘‘SEC. 1803. GRANTS TO COURTS FOR STATE JUVENILE JUS19 TICE SYSTEMS.

20 ‘‘(a) IN GENERAL.—The Attorney General may make

21 grants in accordance with this section to States and units

22 of local government to assist State and local courts with

23 juvenile offender dockets.

24 ‘‘(b) GRANT PURPOSES.—Grants under this section

25 may be used—
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1 ‘‘(1) for technology, equipment, and training for

2 judges, probation officers, and other court personnel

3 to implement an accountability-based juvenile justice

4 system that provides substantial and appropriate

5 sanctions that are graduated in such manner as to

6 reflect (for each delinquent act or criminal offense)

7 the severity or repeated nature of that act or of8 fense;

9 ‘‘(2) to hire additional judges, probation offi10 cers, other necessary court personnel, victims coun11 selors, and public defenders for juvenile courts or

12 adult courts with juvenile offender dockets, including

13 courts with specialized juvenile drug offense or juve14 nile firearms offense dockets to reduce juvenile court

15 backlogs, and provide additional services to make

16 more effective systems of graduated sanctions de17 signed to reduce recidivism and deter future crimes

18 or delinquent acts by juvenile offenders;

19 ‘‘(3) to provide funding to enable juvenile

20 courts and juvenile probation officers to address

21 drug, gang, and youth violence problems more effec22 tively; and

23 ‘‘(4) to provide funds to—
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1 ‘‘(A) effectively supervise and monitor ju2 venile offenders sentenced to probation or pa3 role; 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 sec10 tion shall submit an application to the Attorney

11 General, in such form and containing such informa12 tion as the Attorney General may reasonably re13 quire.

14 ‘‘(2) REQUIREMENTS.—In submitting an appli15 cation for a grant under this part, a State or unit

16 of local government shall provide assurances that the

17 State or unit of local government will—

18 ‘‘(A) give priority to the prosecution of vio19 lent juvenile offenders;

20 ‘‘(B) seek to reduce any backlogs in juve21 nile justice cases and provide additional services

22 to make more effective systems of graduated

23 sanctions designed to reduce recidivism and

24 deter future crimes or delinquent acts by juve25 nile offenders;
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1 ‘‘(C) give adequate consideration to the

2 rights and needs of victims of juvenile offend3 ers; and

4 ‘‘(D) use amounts received under this sec5 tion to supplement (and not supplant) State

6 and 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

14 that State) an aggregate amount equal to

15 0.75 percent of the amount made available

16 to the Attorney General by appropriations

17 for this section made pursuant to section

18 291(b)(1) of the Juvenile Justice and De19 linquency Prevention Act of 1974 (reduced

20 by amounts reserved under subsection (e)).

21 ‘‘(ii) ADJUSTMENT.—If the Attorney

22 General determines that an insufficient

23 number of applications have been sub24 mitted for a State, the Attorney General
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1 may adjust the aggregate amount awarded

2 for a State under clause (i).

3 ‘‘(B) REMAINING AMOUNTS.—Of the ad4 justed amounts available to the Attorney Gen5 eral to carry out the grant program under this

6 section referred to in subparagraph (A) that re7 main after the Attorney General distributes the

8 amounts specified in that subparagraph (re9 ferred to in this subparagraph as the ‘remain10 ing amount’) the Attorney General may award

11 an additional aggregate amount to each State

12 (including 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

17 as the population of juveniles residing in that

18 State bears to the population of juveniles resid19 ing in 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

2 funds are directed to rural areas, including

3 those jurisdictions serving smaller urban and

4 rural communities located along interstate

5 transportation routes that are adversely af6 fected by interstate criminal gang activity, such

7 as illegal drug trafficking; 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

11 relative responsibilities of each such unit of

12 local 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

2 remain 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

17 (or a designee of the Attorney General), in conjunc18 tion with the Secretary of the Treasury (or the des19 ignee of the Secretary), shall establish a pilot pro20 gram (referred to in this section as the ‘‘program’’)

21 to encourage and support communities that adopt a

22 comprehensive approach to suppressing and pre23 venting violent juvenile crime patterned after suc24 cessful State 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

6 the Treasury, provide for technical assistance

7 and training, data collection, and dissemination

8 of 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’’)

15 to carry out the program.

16 (4) PROGRAM AUTHORIZATION.—To be eligible

17 to receive an initial grant or a renewal grant under

18 this section, a coalition shall meet each of the fol19 lowing criteria:

20 (A) COMPOSITION.—The coalition shall

21 consist 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

6 and 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 orga12 nizations such as neighborhood watch

13 groups;

14 (x) local recreation agencies; and

15 (xi) social service agencies involved in

16 crime prevention.

17 (B) OTHER PARTICIPANTS.—If possible, in

18 addition to the representatives from the cat19 egories listed in subparagraph (A), the coalition

20 shall include—

21 (i) representatives from the business

22 community; and

23 (ii) researchers who have studied

24 criminal justice and can offer technical or

25 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 eligi5 ble for consideration, a plan shall—

6 (i) ensure close collaboration among

7 all members of the coalition in suppressing

8 and 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

14 suppression of violent juvenile crime involv15 ing gangs;

16 (iii) ensure that there is close collabo17 ration between police and probation offi18 cers in the supervision of juvenile offend19 ers, such as initiatives that coordinate the

20 efforts of parents, school officials, and po21 lice and probation officers to patrol the

22 streets and make home visits to ensure

23 that offenders comply with the terms of

24 their probation;
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1 (iv) ensure that a program is in place

2 to trace all firearms seized from crime

3 scenes or offenders in an effort to identify

4 illegal gun traffickers; and

5 (v) ensure that effective crime preven6 tion programs are in place, such as pro7 grams that provide after-school safe havens

8 and other opportunities for at-risk youth to

9 escape or avoid gang or other criminal ac10 tivity, and to reduce recidivism.

11 (D) ACCOUNTABILITY.—A coalition shall—

12 (i) establish a system to measure and

13 report outcomes consistent with common

14 indicators and evaluation protocols estab15 lished by the Administrator and that re16 ceives the approval of the Administrator;

17 and

18 (ii) devise a detailed model for meas19 uring and evaluating the success of the

20 plan of the coalition in reducing violent ju21 venile crime, and provide assurances that

22 the plan will be evaluated on a regular

23 basis to assess progress in reducing violent

24 juvenile crime.

25 (5) GRANT AMOUNTS.—
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1 (A) IN GENERAL.—The Administrator may

2 grant to an eligible coalition under this para3 graph, an amount not to exceed the amount of

4 non-Federal funds raised by the coalition, in5 cluding in-kind contributions, for that fiscal

6 year.

7 (B) NONSUPPLANTING REQUIREMENT.—A

8 coalition seeking funds shall provide reasonable

9 assurances that funds made available under this

10 program to States or units of local government

11 shall be so used as to supplement and increase

12 (but not supplant) the level of the State, local,

13 and other non-Federal funds that would in the

14 absence of such Federal funds be made avail15 able for programs described in this section, and

16 shall in no event replace such State, local, or

17 other non-Federal funds.

18 (C) SUSPENSION OF GRANTS.—If a coali19 tion fails to continue to meet the criteria set

20 forth in this section, the Administrator may

21 suspend the grant, after providing written no22 tice to the grant recipient and an opportunity

23 to appeal.

24 (D) RENEWAL GRANTS.—Subject to sub25 paragraph (D), the Administrator may award a
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1 renewal grant to grant recipient under this sub2 paragraph for each fiscal year following the fis3 cal year for which an initial grant is awarded,

4 in an amount not to exceed the amount of non5 Federal funds raised by the coalition, including

6 in-kind contributions, for that fiscal year, dur7 ing the 4-year period following the period of the

8 initial grant.

9 (E) LIMITATION.—The amount of a grant

10 award under this section may not exceed

11 $300,000 for a fiscal year.

12 (6) PERMITTED USE OF FUNDS.—A coalition

13 receiving funds under this section may expend such

14 Federal funds on any use or program that is con15 tained in the plan submitted to the Administrator.

16 (7) CONGRESSIONAL CONSULTATION.—

17 (A) IN GENERAL.—Two years after the

18 date of implementation of the program estab19 lished in this section, the Comptroller General

20 of the United States shall submit to Congress

21 a report reviewing the effectiveness of the pro22 gram in suppressing and reducing violent juve23 nile crime in the participating communities.
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1 (B) CONTENTS OF REPORT.—The report

2 submitted under subparagraph (A) shall

3 include—

4 (i) an analysis of each community

5 participating in the program, along with

6 information regarding the plan undertaken

7 in the community, and the effectiveness of

8 the plan in reducing violent juvenile crime;

9 and

10 (ii) recommendations regarding the ef11 ficacy of continuing the program.

12 (b) INFORMATION COLLECTION AND DISSEMINATION

13 WITH RESPECT TO COALITIONS.—

14 (1) COALITION INFORMATION.—For the pur15 pose of audit and examination, the Attorney

16 General—

17 (A) shall have access to any books, docu18 ments, papers, and records that are pertinent to

19 any grant or grant renewal request under this

20 section; and

21 (B) may periodically request information

22 from a coalition to ensure that the coalition

23 meets the applicable criteria.

24 (2) REPORTING.—The Attorney General shall,

25 to the maximum extent practicable and in a manner
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1 consistent with applicable law, minimize reporting

2 requirements by a coalition and expedite any appli3 cation for a renewal grant made under this section.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There is authorized to be

6 appropriated to carry out this section $3,000,000 for

7 each of fiscal years 2000 through 2003.

8 (2) SOURCE OF SUMS.—Amounts authorized to

9 be appropriated pursuant to this subsection may be

10 derived from the Violent Crime Reduction Trust

11 Fund.

12 SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE

13 PROGRAMS.

14 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE15 MENT ACT OF 1994.—

16 (1) TITLE III.—Title III of the Violent Crime

17 Control and Law Enforcement Act of 1994 (42

18 U.S.C. 13741 et seq.) is amended by striking sub19 titles A through C, and subtitles G through S.

20 (2) TITLE XXVII.—Title XXVII of the Violent

21 Crime Control and Law Enforcement Act of 1994

22 (42 U.S.C. 14191 et seq.) is repealed.

23 (b) REFORM OF GREAT PROGRAM.—Section

24 32401(a) of the Violent Crime Control and Law Enforce25 ment Act of 1994 (42 U.S.C. 13921(a)) is amended—
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1 (1) by striking paragraph (2) and inserting the

2 following:

3 ‘‘(2) SELECTION OF COMMUNITIES.—

4 ‘‘(A) IN GENERAL.—Each community iden5 tified for a GREAT project referred to in para6 graph (1) shall be selected by the Secretary of

7 the Treasury on the basis of—

8 ‘‘(i) the level of gang activity and

9 youth violence in the area in which the

10 community is located;

11 ‘‘(ii) the number of schools in the

12 community in which training would be pro13 vided under the project;

14 ‘‘(iii) the number of students who

15 would receive the training referred to in

16 clause (ii) in schools referred to in that

17 clause; and

18 ‘‘(iv) a written description from offi19 cials of the community explaining the man20 ner in which funds made available to the

21 community under this section would be al22 located.

23 ‘‘(B) EQUITABLE SELECTION.—The Sec24 retary of the Treasury shall ensure that—
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1 ‘‘(i) communities are identified and

2 selected for GREAT projects under this

3 subsection on an equitable geographic basis

4 (except that this clause shall not be con5 strued to require the termination of any

6 projects selected prior to the beginning of

7 fiscal year 1999); and

8 ‘‘(ii) the communities referred to in

9 clause (i) include rural communities.’’; and

10 (2) in paragraph (3)—

11 (A) in subparagraph (A), by striking ‘‘50

12 percent’’ and inserting ‘‘85 percent’’; and

13 (B) in subparagraph (B), by striking ‘‘50

14 percent’’ and inserting ‘‘15 percent’’.

15 SEC. 324. EXTENSION OF VIOLENT CRIME REDUCTION

16 TRUST FUND.

17 (a) IN GENERAL.—Section 310001(b) of the Violent

18 Crime Control and Law Enforcement Act of 1994 (42

19 U.S.C. 14211) is amended by striking paragraphs (1)

20 through (5) and inserting the following:

21 ‘‘(1) for fiscal year 2001, $6,025,000,000;

22 ‘‘(2) for fiscal year 2002, $6,169,000,000;

23 ‘‘(3) for fiscal year 2003, $6,316,000,000;

24 ‘‘(4) for fiscal year 2004, $6,458,000,000; and

25 ‘‘(5) for fiscal year 2005, $6,616,000,000.’’.
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1 (b) DISCRETIONARY LIMITS.—Title XXXI of the Vio2 lent Crime Control and Law Enforcement Act of 1994 (42

3 U.S.C. 14211 et seq.) is amended by inserting after sec4 tion 310001 the following:

5 ‘‘SEC. 310002. DISCRETIONARY LIMITS.

6 ‘‘For the purposes of allocations made for the discre7 tionary category pursuant to section 302(a) of the Con8 gressional Budget Act of 1974 (2 U.S.C. 633(a)), the term

9 ‘discretionary spending limit’ means—

10 ‘‘(1) with respect to fiscal year 2001—

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)

15 as determined by the Chairman of the Budget

16 Committee; and

17 ‘‘(B) for the violent crime reduction cat18 egory: $6,025,000,000 in new budget authority

19 and $5,718,000,000 in outlays;

20 ‘‘(2) with respect to fiscal year 2002—

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)
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1 as determined by the Chairman of the Budget

2 Committee; and

3 ‘‘(B) for the violent crime reduction cat4 egory: $6,169,000,000 in new budget authority

5 and $6,020,000,000 in outlays; and

6 ‘‘(3) with respect to fiscal year 2003—

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)

11 as determined by the Chairman of the Budget

12 Committee; and

13 ‘‘(B) for the violent crime reduction cat14 egory: $6,316,000,000 in new budget authority

15 and $6,161,000,000 in outlays;

16 ‘‘(4) with respect to fiscal year 2004—

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)

21 as determined by the Chairman of the Budget

22 Committee; and

23 ‘‘(B) for the violent crime reduction cat24 egory: $6,458,000 in new budget authority and

25 $6,303,000,000 in outlays; and
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1 ‘‘(5) with respect to fiscal year 2005—

2 ‘‘(A) for the discretionary category,

3 amounts of budget authority and outlays nec4 essary to adjust the discretionary spending lim5 its to reflect the changes in subparagraph (B)

6 as determined by the Chairman of the Budget

7 Committee; and

8 ‘‘(B) for the violent crime reduction cat9 egory: $6,616,000 in new budget authority and

10 $6,452,000,000 in outlays;

11 as adjusted in accordance with section 251(b) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985

13 (2 U.S.C. 901(b)) and section 314 of the Congressional

14 Budget Act of 1974.’’.

15 SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF IN16 CARCERATING JUVENILE ALIENS.

17 (a) IN GENERAL.—Section 501 of the Immigration

18 Reform and Control Act of 1986 (8 U.S.C. 1365) is

19 amended—

20 (1) in subsection (a), by inserting ‘‘or illegal ju21 venile alien who has been adjudicated delinquent and

22 committed to a juvenile correctional facility by such

23 State or locality’’ before the period;

24 (2) in subsection (b), by inserting ‘‘(including

25 any juvenile alien who has been adjudicated delin-
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1 quent and has been committed to a correctional fa2 cility)’’ before ‘‘who is in the United States unlaw3 fully’’; and

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

5 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section,

6 the term ‘juvenile alien’ means an alien (as defined in sec7 tion 101(a)(3) of the Immigration and Nationality Act)

8 who has been adjudicated delinquent and committed to a

9 correctional facility by a State or locality as a juvenile of10 fender.’’.

11 (b) ANNUAL REPORT.—Section 332 of the Illegal Im12 migration Reform and Immigrant Responsibility Act of

13 1996 (8 U.S.C. 1366) is amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (3);

16 (2) by striking the period at the end of para17 graph (4) and inserting ‘‘; and’’; and

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

19 ‘‘(5) the number of illegal juvenile aliens that

20 are committed to State or local juvenile correctional

21 facilities, including the type of offense committed by

22 each juvenile.’’.

23 (c) CONFORMING AMENDMENT.—Section

24 241(i)(3)(B) of the Immigration and Nationality Act (8

25 U.S.C. 1231(i)(3)(B)) is amended—
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1 (1) by striking ‘‘or’’ at the end of clause (ii);

2 (2) by striking the period at the end of clause

3 (iii) and inserting ‘‘; or’’; and

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

5 ‘‘(iv) is a juvenile alien with respect to

6 whom section 501 of the Immigration Re7 form and Control Act of 1986 applies.’’.

8 Subtitle C—Alternative Education

9 and Delinquency Prevention

10 SEC. 331. ALTERNATIVE EDUCATION.

11 Part D of title I of the Elementary and Secondary

12 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend13 ed by adding at the end the following:

14 ‘‘Subpart 4—Alternative Education Demonstration

15 Project Grants

16 ‘‘SEC. 1441. PROGRAM AUTHORITY.

17 ‘‘(a) GRANTS.—

18 ‘‘(1) IN GENERAL.—From amounts appro19 priated under section 1443, the Secretary, in con20 sultation with the Administrator, shall make grants

21 to State educational agencies or local educational

22 agencies for not less than 10 demonstration projects

23 that enable the agencies to develop models for and

24 carry out alternative education for at-risk youth.
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1 ‘‘(2) CONSTRUCTION.—Nothing in this subpart

2 shall be construed to affect the requirements of the

3 Individuals with Disabilities Education Act.

4 ‘‘(b) DEMONSTRATION PROJECTS.—

5 ‘‘(1) PARTNERSHIPS.—Each agency receiving a

6 grant under this subpart may enter into a partner7 ship with a private sector entity to provide alter8 native educational services to at-risk youth.

9 ‘‘(2) REQUIREMENTS.—Each demonstration

10 project assisted under this subpart shall—

11 ‘‘(A) accept for alternative education at12 risk or delinquent youth who are referred by a

13 local school or by a court with a juvenile delin14 quency docket and who—

15 ‘‘(i) have demonstrated a pattern of

16 serious and persistent behavior problems in

17 regular schools;

18 ‘‘(ii) are at risk of dropping out of

19 school;

20 ‘‘(iii) have been convicted of a crimi21 nal offense or adjudicated delinquent for

22 an act of juvenile delinquency, and are

23 under a court’s supervision; or

24 ‘‘(iv) have demonstrated that contin25 ued enrollment in a regular classroom—
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1 ‘‘(I) poses a physical threat to

2 other students; or

3 ‘‘(II) inhibits an atmosphere con4 ducive to learning; and

5 ‘‘(B) provide for accelerated learning, in a

6 safe, secure, and disciplined environment,

7 including—

8 ‘‘(i) basic curriculum focused on mas9 tery of essential skills, including targeted

10 instruction in basic skills required for sec11 ondary school graduation; and

12 ‘‘(ii) emphasis on—

13 ‘‘(I) personal, academic, social,

14 and workplace skills; and

15 ‘‘(II) behavior modification.

16 ‘‘(c) APPLICABILITY.—Except as provided in sub17 sections (c) and (e) of section 1442, the provisions of sec18 tion 1401(c), 1402, and 1431, and subparts 1 and 2, shall

19 not apply to this subpart.

20 ‘‘(d) DEFINITION OF ADMINISTRATOR.—In this sub21 part, the term ‘Administrator’ means the Administrator

22 of the Office of Juvenile Crime Control and Prevention

23 of the Department of Justice.
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1 ‘‘SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

2 ‘‘(a) APPLICATIONS.—Each State educational agency

3 and local educational agency seeking a grant under this

4 subpart shall submit an application in such form, and con5 taining such information, as the Secretary, in consultation

6 with the Administrator, may reasonably require.

7 ‘‘(b) SELECTION OF GRANTEES.—

8 ‘‘(1) IN GENERAL.—The Secretary shall select

9 State educational agencies and local educational

10 agencies to receive grants under this subpart on an

11 equitable geographic basis, including selecting agen12 cies that serve urban, suburban, and rural popu13 lations.

14 ‘‘(2) MINIMUM.—The Secretary shall award a

15 grant under this subpart to not less than 1 agency

16 serving a population with a significant percentage of

17 Native Americans.

18 ‘‘(3) PRIORITY.—In awarding grants under this

19 subpart, the Secretary may give priority to State

20 educational agencies and local educational agencies

21 that demonstrate in the application submitted under

22 subsection (a) that the State has a policy of equi23 tably distributing resources among school districts in

24 the State.
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1 ‘‘(c) QUALIFICATIONS.—To qualify for a grant under

2 this subpart, a State educational agency or local edu3 cational agency shall—

4 ‘‘(1) in the case of a State educational agency,

5 have submitted a State plan under section 1414(a)

6 that is approved by the Secretary;

7 ‘‘(2) in the case of a local educational agency,

8 have submitted an application under section 1423

9 that is approved by the State educational agency;

10 ‘‘(3) certify that the agency will comply with

11 the restrictions of section 292 of the Juvenile Jus12 tice and Delinquency Prevention Act of 1974;

13 ‘‘(4) explain the educational and juvenile justice

14 needs of the community to be addressed by the dem15 onstration project;

16 ‘‘(5) provide a detailed plan to implement the

17 demonstration project; and

18 ‘‘(6) provide assurances and an explanation of

19 the agency’s ability to continue the program funded

20 by the demonstration project after the termination

21 of Federal funding under this subpart.

22 ‘‘(d) MATCHING REQUIREMENT.—

23 ‘‘(1) IN GENERAL.—Grant funds provided

24 under this subpart shall not constitute more than 35
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1 percent of the cost of the demonstration project

2 funded.

3 ‘‘(2) SOURCE OF FUNDS.—Matching funds for

4 grants under this subpart may be derived from

5 amounts available under section 205, or part B of

6 title II, of the Juvenile Justice and Delinquency Pre7 vention Act of 1974 (42 U.S.C. 5611 et seq.) to the

8 State in which the demonstration project will be car9 ried out, except that the total share of funds derived

10 from Federal sources shall not exceed 50 percent of

11 the cost of the demonstration project.

12 ‘‘(e) PROGRAM EVALUATION.—

13 ‘‘(1) IN GENERAL.—Each State educational

14 agency or local educational agency that receives a

15 grant under this subpart shall evaluate the dem16 onstration project assisted under this subpart in the

17 same manner as programs are evaluated under sec18 tion 1431. In addition, the evaluation shall include—

19 ‘‘(A) an evaluation of the effect of the al20 ternative education project on order, discipline,

21 and an effective learning environment in reg22 ular classrooms;

23 ‘‘(B) an evaluation of the project’s effec24 tiveness in improving the skills and abilities of

25 at-risk students assigned to alternative edu-
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1 cation, including an analysis of the academic

2 and social progress of such students; and

3 ‘‘(C) an evaluation of the project’s effec4 tiveness in reducing juvenile crime and delin5 quency, including—

6 ‘‘(i) reductions in incidents of campus

7 crime in relevant school districts, compared

8 with school districts not included in the

9 project; and

10 ‘‘(ii) reductions in recidivism by at11 risk students who have juvenile justice sys12 tem involvement and are assigned to alter13 native education.

14 ‘‘(2) EVALUATION BY THE SECRETARY.—The

15 Secretary, in cooperation with the Administrator,

16 shall comparatively evaluate each of the demonstra17 tion projects funded under this subpart, including an

18 evaluation of the effectiveness of private sector edu19 cational services, and shall report the findings of the

20 evaluation to the Committee on Education and the

21 Workforce of the House of Representatives and the

22 Committees on the Judiciary and Health, Education,

23 Labor and Pensions of the Senate not later than

24 June 30, 2005.
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1 ‘‘SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

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

3 this subpart $15,000,000 for each of fiscal years 2000,

4 2001, 2002, and 2003.’’.

5 Subtitle D—Parenting as

6 Prevention

7 SEC. 341. SHORT TITLE.

8 This subtitle shall be cited as the ‘‘Parenting as Pre9 vention Act’’.

10 SEC. 342. ESTABLISHMENT OF PROGRAM.

11 The Secretary of Health and Human Services, in con12 sultation with the Attorney General, the Secretary of Edu13 cation, the Secretary of Housing and Urban Development,

14 the Secretary of Labor, the Secretary of Agriculture, and

15 the Secretary of Defense shall establish a parenting sup16 port and education program as provided in sections 343,

17 344, and 345.

18 SEC. 343. NATIONAL PARENTING SUPPORT AND EDU19 CATION COMMISSION.

20 (a) ESTABLISH COMMISSION.—The Secretary of

21 Health and Human Services shall establish a National

22 Parenting Support and Education Commission (herein23 after referred to as the ‘‘Commission’’) to identify the best

24 practices for parenting and to provide practical parenting

25 advice for parents and caregivers based on the best avail-
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1 able research data. She shall provide the Commission with

2 necessary staff and other resources to fulfill its duties.

3 (b) MEMBERSHIP OF COMMISSION.—The Secretary

4 shall appoint the Commission after consultation with the

5 cabinet members identified in section 342. The Commis6 sion shall consist of the following members—

7 (1) an adolescent representative;

8 (2) a parent representative;

9 (3) an expert in brain research;

10 (4) experts in child development, youth develop11 ment, early childhood education, primary education,

12 and secondary education;

13 (5) an expert in children’s mental health;

14 (6) an expert on children’s health and nutrition;

15 (7) an expert on child abuse prevention, diag16 nosis, and treatment;

17 (8) a representative of parenting support pro18 grams;

19 (9) a representative of parenting education;

20 (10) a representative from law enforcement;

21 (11) an expert on firearm safety programs;

22 (12) a representative from a nonprofit organiza23 tion that delivers services to children and their fami24 lies which may include a faith based organization;

25 and
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1 (13) such other representatives as the Secretary

2 deems necessary.

3 (c) DUTIES OF COMMISSION.—The Commission

4 shall—

5 (1) identify best parenting practices for parents

6 and caregivers of young children on topics including

7 but not limited to brain stimulation, developing

8 healthy attachments and social relationships, anger

9 management and conflict resolution, character devel10 opment, discipline, controlling access to television

11 and other entertainment including computers, fire12 arms safety, mental health, health care and nutrition

13 including breastfeeding, encouraging reading and

14 lifelong learning habits, and recognition and treat15 ment of developmental and behavioral problems;

16 (2) identify best parenting practices of adoles17 cents and pre-adolescents on topics including but not

18 limited to methods of addressing peer pressure with

19 respect to underage drinking, sexual relations, illegal

20 drug use, and other negative behavior; developing

21 healthy social and family relationships; exercising

22 discipline; controlling access to television and other

23 entertainment including computers, video games,

24 and movies; firearm safety; encouraging success in
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1 school; and other issues of concern to parents of

2 adolescents;

3 (3) identify best parenting practices and re4 sources available for parents and caregivers of chil5 dren with special needs including fetal alcohol syn6 drome, fetal alcohol effect, mental illness, autism, re7 tardation, learning disabilities, behavioral disorders,

8 chronic illness, and physical disabilities; and

9 (4) review existing parenting support and edu10 cation programs and the data evaluating them and

11 make recommendations to the Secretary and the

12 Congress on which are most effective and should re13 ceive Federal support within 18 months of appoint14 ment.

15 (d) PUBLIC HEARINGS AND TESTIMONY.—The Com16 mission shall conduct four public hearings, shall solicit

17 and receive testimony from national experts and national

18 organizations, shall conduct a comprehensive review of

19 academic and other research literature, and shall seek in20 formation from the Governors on existing brain develop21 ment and parenting programs which have been most suc22 cessful.

23 (e) PUBLICATION OF MATERIALS.—If not otherwise

24 available, the Commission shall prepare materials which

25 may include written material, videotapes, CD’s, and other
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1 audio and visual material on best parenting practices and

2 shall make them available for distribution to parents, care3 givers, and others through State and local government

4 programs, hospitals, maternity centers, and other health

5 care providers, adoption agencies, schools, public housing

6 units, child care centers, and social service providers. If

7 such materials are already available, the Commission may

8 print, reproduce, and distribute such materials.

9 (f) REPORTING REQUIREMENT.—The Commission

10 shall prepare and submit a report of its findings and rec11 ommendations to the Secretary and the Congress no later

12 than 18 months after appointment.

13 (g) AUTHORIZATION OF FUNDS.—There is author14 ized to be appropriated in fiscal year 2000 such sums as

15 may be necessary to support the work of the Commission

16 and to produce and distribute the materials described in

17 subsection (e). Such sum shall remain available until ex18 pended. Any fund appropriated pursuant to this section

19 shall remain available until expended.

20 SEC. 344. STATE AND LOCAL PARENTING SUPPORT AND

21 EDUCATION GRANT PROGRAM.

22 (a) STATE ALLOTMENTS.—The Secretary shall make

23 allotments to eligible States to support parenting support

24 and training programs. Each State shall receive an

25 amount that bears the same relationship to the amount
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1 appropriated as the total number of children in the State

2 bears to the total number of children in all States, but

3 no State shall receive less than one-half of one percent

4 of the state allocation. From the amounts provided to each

5 State with Indian or Alaska Native populations exceeding

6 two percent of its total statewide population, the Governor

7 shall set aside two percent for Indian tribes as that term

8 is defined in section 4(e) of the Indian Self-Determination

9 and Education Assistance Act (P.L. 93–638, as amended;

10 25 U.S.C. 450b(e)) which shall be distributed based on

11 the percentage of Indian children in each tribe except that

12 with respect to Alaska, the funds shall be distributed to

13 the nonprofit entities described in section 419(4)(B) of the

14 Social Security Act pursuant to section 103 of Public Law

15 104–193 (110 Stat. 2159, 2160; 42 U.S.C. 619(4)(B))

16 which shall be allocated based on the percentage of Alaska

17 Native children in each region.

18 (b) STATE PARENTING SUPPORT AND EDUCATION

19 COUNCIL.—To be eligible to receive Federal funding, the

20 Governor of each State shall appoint a State Parenting

21 Support and Education Council (hereinafter referred to as

22 the ‘‘Council’’) which shall include parent representatives,

23 representatives of the State government, bipartisan rep24 resentation from the State legislature, representatives

25 from local communities, and interested children’s organi-
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1 zations, except that the Governor may designate an exist2 ing entity that includes such groups. The Council shall

3 conduct a needs and resources assessment of parenting

4 support and education programs in the State to determine

5 where programs are lacking or inadequate and identify

6 what additional programs are needed and which programs

7 require additional resources. It shall consider the findings

8 and recommendations of the Parenting Commission in

9 making those determinations. Upon completion of the as10 sessment, the Council may consider grant applications

11 from the State to provide statewide programs, from local

12 communities including schools, and from nonprofit service

13 providers including faith based organizations.

14 (c) GRANTS.—Grants may be made for:

15 (1) Parenting support to promote early brain

16 development and childhood development and edu17 cation including—

18 (A) assistance to schools to offer classroom

19 instruction on brain stimulation, child develop20 ment, and early childhood education;

21 (B) distribution of materials developed by

22 the Commission or another entity that reflect

23 best parenting practices;

24 (C) development and distribution of refer25 ral information on programs and services avail-
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1 able to children and families at the local level,

2 including eligibility criteria;

3 (D) voluntary hospital visits for

4 postpartum women and in-home visits for fami5 lies with infants, toddlers, or newly adopted

6 children to provide hands-on training and one7 on-one instruction on brain stimulation, child

8 development, and early childhood education;

9 (E) parenting education programs includ10 ing training with respect to the best parenting

11 practices identified in subsection (c).

12 (2) Parenting support for adolescents and

13 youth including funds for services and support for

14 parents and other caregivers of young people being

15 served by a range of education, social service, mental

16 health, health, runaway and homeless youth pro17 grams. Programs may include the Boys and Girls

18 Club, YMCA and YWCA, after school programs, 4–

19 H programs, or other community based organiza20 tions. Eligible activities may include parent-caregiver

21 support groups, peer support groups, parent edu22 cation classes, seminars or discussion groups on

23 problems facing adolescents, advocates and mentors

24 to help parents understand and work with schools,

25 the courts, and various treatment programs.
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1 (3) Parenting support and education resource

2 centers including—

3 (A) development of parenting resource cen4 ters which may serve as a single point of con5 tact for the provision of comprehensive services

6 available to children and their families including

7 Federal, State, and local governmental and

8 nonprofit services available to children. Such

9 services may include child care, respite care, pe10 diatric care, child abuse prevention programs,

11 nutrition programs, parent training, infant and

12 child CPR and safety training programs, care13 giver training and education, and other related

14 programs;

15 (B) a national toll free anonymous parent

16 hotline with 24 hour a day consultation and ad17 vice including referral to local community based

18 services;

19 (C) respite care for parents with children

20 with special needs, single mothers, and at-risk

21 youth.

22 (d) REPORTING.—Each entity that receives a grant

23 under this section shall submit a report every 2 years to

24 the Council describing the program it has developed, the
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1 number of parents and children served, and the success

2 of the program using specific performance measures.

3 (e) ADMINISTRATIVE COSTS.—Not more than 5 per4 cent of the amounts received by a State may be used to

5 pay for the administrative expenses of the Council in im6 plementing the grant program.

7 (f) SUPPLEMENT NOT SUPPLANT.—Funds appro8 priated pursuant to this section shall be used to supple9 ment and not supplant other Federal, State, and local

10 public funds expended for parenting support and edu11 cation programs.

12 (g) AUTHORIZATION OF FUNDS.—There is author13 ized to be appropriated such sums as are necessary for

14 fiscal year 2000 and subsequent fiscal years.

15 SEC. 345. GRANTS TO ADDRESS THE PROBLEM OF VIO16 LENCE RELATED STRESS TO PARENTS AND

17 CHILDREN.

18 (a) FINDINGS.—The Congress finds that a child’s

19 brain is wired between the ages of 0–3. A child’s ability

20 to learn, develop healthy family and social relationships,

21 resist peer pressure, and control violent impulses depends

22 on the quality and quantity of brain stimulation he re23 ceives. Research shows that children exposed to negative

24 brain stimulation in the form of physical and sexual abuse

25 and violence in the family or community causes the brain
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1 to be miswired making it difficult for the child to be suc2 cessful in life. Intervention early in a child’s life to correct

3 the miswiring is much more successful than adult rehabili4 tation efforts.

5 (b) IN GENERAL.—The Secretary shall award grants,

6 enter into contracts or cooperative agreements to public

7 and nonprofit private entities, as well as to Indian tribes,

8 Native Hawaiians, and Alaska Native nonprofit corpora9 tions to establish national and regional centers of excel10 lence on psychological trauma response and to identify the

11 best practices for treating psychiatric and behavioral dis12 orders resulting from children witnessing or experiencing

13 such stress.

14 (c) PRIORITIES.—In awarding grants, contracts or

15 cooperative agreements under subsection (a) related to the

16 identifying best practices for treating disorders associated

17 with psychological trauma, the Secretary shall give pri18 ority to programs that work with children, adolescents,

19 adults, and families who are survivors and witnesses of

20 child abuse, domestic, school, and community violence, and

21 disasters.

22 (d) GEOGRAPHICAL DISTRIBUTION.—The Secretary

23 shall ensure that grants, contracts, or cooperative agree24 ments under subsection (a) with respect to centers of ex-
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1 cellence are distributed equitably among the regions of the

2 country and among urban and rural areas.

3 (e) EVALUATION.—The Secretary shall require that

4 each applicant for a grant, contract or cooperative agree5 ment under subsection (a) submit a plan as part of his

6 application for the rigorous evaluation of the activities

7 funded under the grant, contract or agreement, including

8 both process and outcomes evaluation, and the submission

9 of an evaluation at the end of the project period.

10 (f) DURATION OF AWARDS.—With respect to a grant,

11 contract or cooperative agreement under this section, the

12 period during which payments under such an award will

13 be made to the recipient may not be less than 3 years.

14 Such grants, contract or agreement may be renewed.

15 (g) REPORT.—Not later than 1 year after the date

16 of enactment of this section, the General Accounting Of17 fice shall prepare and submit to the Committee on Health,

18 Education, Labor, and Pensions of the Senate and the

19 Committee on Commerce of the House of Representatives

20 a report concerning whether individuals are covered for

21 post-traumatic stress disorders under public and private

22 health plans, and the course of treatment, if any, that is

23 covered.

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated such sums as are necessary
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1 to carry out this section for fiscal year 2000 and subse2 quent fiscal years.

3 TITLE IV—VOLUNTARY MEDIA

4 AGREEMENTS FOR CHIL5 DREN’S PROTECTION

6 Subtitle A—Children and the

7 Media

8 SEC. 401. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Children’s Protec10 tion Act of 1999’’.

11 SEC. 402. FINDINGS.

12 Congress makes the following findings:

13 (1) Television is seen and heard in nearly every

14 United States home and is a uniquely pervasive

15 presence in the daily lives of Americans. The average

16 American home has 2.5 televisions, and a television

17 is turned on in the average American home 7 hours

18 every day.

19 (2) Television plays a particularly significant

20 role in the lives of children. Figures provided by

21 Nielsen Research show that children between the

22 ages of 2 years and 11 years spend an average of

23 21 hours in front of a television each week.

24 (3) Television has an enormous capability to in25 fluence perceptions, especially those of children, of
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1 the values and behaviors that are common and ac2 ceptable in society.

3 (4) The influence of television is so great that

4 its images and messages often can be harmful to the

5 development of children. Social science research

6 amply documents a strong correlation between the

7 exposure of children to televised violence and a num8 ber of behavioral and psychological problems.

9 (5) Hundreds of studies have proven conclu10 sively that children who are consistently exposed to

11 violence on television have a higher tendency to ex12 hibit violent and aggressive behavior, both as chil13 dren and later in life.

14 (6) Such studies also show that repeated expo15 sure to violent programming causes children to be16 come desensitized to and more accepting of real-life

17 violence and to grow more fearful and less trusting

18 of their surroundings.

19 (7) A growing body of social science research

20 indicates that sexual content on television can also

21 have a significant influence on the attitudes and be22 haviors of young viewers. This research suggests

23 that heavy exposure to programming with strong

24 sexual content contributes to the early commence25 ment of sexual activity among teenagers.
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1 (8) Members of the National Association of

2 Broadcasters (NAB) adhered for many years to a

3 comprehensive code of conduct that was based on an

4 understanding of the influence exerted by television

5 and on a widely held sense of responsibility for using

6 that influence carefully.

7 (9) This code of conduct, the Television Code of

8 the National Association of Broadcasters, articulated

9 this sense of responsibility as follows:

10 (A) ‘‘In selecting program subjects and

11 themes, great care must be exercised to be sure

12 that the treatment and presentation are made

13 in good faith and not for the purpose of sensa14 tionalism or to shock or exploit the audience or

15 appeal to prurient interests or morbid curi16 osity.’’.

17 (B) ‘‘Broadcasters have a special responsi18 bility toward children. Programs designed pri19 marily for children should take into account the

20 range of interests and needs of children, from

21 instructional and cultural material to a wide va22 riety of entertainment material. In their total23 ity, programs should contribute to the sound,

24 balanced development of children to help them
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1 achieve a sense of the world at large and in2 formed adjustments to their society.’’.

3 (C) ‘‘Violence, physical, or psychological,

4 may only be projected in responsibly handled

5 contexts, not used exploitatively. Programs in6 volving violence present the consequences of it

7 to its victims and perpetrators. Presentation of

8 the details of violence should avoid the exces9 sive, the gratuitous and the instructional.’’.

10 (D) ‘‘The presentation of marriage, family,

11 and similarly important human relationships,

12 and material with sexual connotations, shall not

13 be treated exploitatively or irresponsibly, but

14 with sensitivity.’’.

15 (E) ‘‘Above and beyond the requirements

16 of the law, broadcasters must consider the fam17 ily atmosphere in which many of their programs

18 are viewed. There shall be no graphic portrayal

19 of sexual acts by sight or sound. The portrayal

20 of implied sexual acts must be essential to the

21 plot and presented in a responsible and tasteful

22 manner.’’.

23 (10) The National Association of Broadcasters

24 abandoned the code of conduct in 1983 after three

25 provisions of the code restricting the sale of adver-
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1 tising were challenged by the Department of Justice

2 on antitrust grounds and a Federal district court

3 issued a summary judgment against the National

4 Association of Broadcasters regarding one of the

5 provisions on those grounds. However, none of the

6 programming standards of the code were challenged.

7 (11) While the code of conduct was in effect, its

8 programming standards were never found to have

9 violated any antitrust law.

10 (12) Since the National Association of Broad11 casters abandoned the code of conduct, program12 ming standards on broadcast and cable television

13 have deteriorated dramatically.

14 (13) In the absence of effective programming

15 standards, public concern about the impact of tele16 vision on children, and on society as a whole, has

17 risen substantially. Polls routinely show that more

18 than 80 percent of Americans are worried by the in19 creasingly graphic nature of sex, violence, and vul20 garity on television and by the amount of program21 ming that openly sanctions or glorifies criminal,

22 antisocial, and degrading behavior.

23 (14) At the urging of Congress, the television

24 industry has taken some steps to respond to public

25 concerns about programming standards and content.
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1 The broadcast television industry agreed in 1992 to

2 adopt a set of voluntary guidelines designed to ‘‘pro3 scribe gratuitous or excessive portrayals of violence’’.

4 Shortly thereafter, both the broadcast and cable tele5 vision industries agreed to conduct independent

6 studies of the violent content in their programming

7 and make those reports public.

8 (15) In 1996, the television industry as a whole

9 made a commitment to develop a comprehensive rat10 ing system to label programming that may be harm11 ful or inappropriate for children. That system was

12 implemented at the beginning of 1999.

13 (16) Despite these efforts to respond to public

14 concern about the impact of television on children,

15 millions of Americans, especially parents with young

16 children, remain angry and frustrated at the sinking

17 standards of television programming, the reluctance

18 of the industry to police itself, and the harmful in19 fluence of television on the well-being of the children

20 and the values of the United States.

21 (17) The Department of Justice issued a ruling

22 in 1993 indicating that additional efforts by the tele23 vision industry to develop and implement voluntary

24 programming guidelines would not violate the anti25 trust laws. The ruling states that ‘‘such activities
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1 may be likened to traditional standard setting efforts

2 that do not necessarily restrain competition and may

3 have significant procompetitive benefits . . . . Such

4 guidelines could serve to disseminate valuable infor5 mation on program content to both advertisers and

6 television viewers. Accurate information can enhance

7 the demand for, and increase the output of, an in8 dustry’s products or services.’’.

9 (18) The Children’s Television Act of 1990

10 (Public Law 101–437) states that television broad11 casters in the United States have a clear obligation

12 to meet the educational and informational needs of

13 children.

14 (19) Several independent analyses have dem15 onstrated that the television broadcasters in the

16 United States have not fulfilled their obligations

17 under the Children’s Television Act of 1990 and

18 have not noticeably expanded the amount of edu19 cational and informational programming directed at

20 young viewers since the enactment of that Act.

21 (20) The popularity of video and personal com22 puter (PC) games is growing steadily among chil23 dren. Although most popular video and personal

24 computer games are educational or harmless in na25 ture, many of the most popular are extremely vio-
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1 lent. One recent study by Strategic Record Research

2 found that 64 percent of teenagers played video or

3 personal computer games on a regular basis. Other

4 surveys of children as young as elementary school

5 age found that almost half of them list violent com6 puter games among their favorites.

7 (21) Violent video games often present violence

8 in a glamorized light. Game players are often cast

9 in the role of shooter, with points scored for each

10 ‘‘kill’’. Similarly, advertising for such games often

11 touts violent content as a selling point—the more

12 graphic and extreme, the better.

13 (22) As the popularity and graphic nature of

14 such video games grows, so do their potential to neg15 atively influence impressionable children.

16 (23) Music is another extremely pervasive and

17 popular form of entertainment. American children

18 and teenagers listen to music more than any other

19 demographic group. The Journal of American Medi20 cine reported that between the 7th and 12th grades

21 the average teenager listens to 10,500 hours of rock

22 or rap music, just slightly less than the entire num23 ber of hours spent in the classroom from kinder24 garten through high school.
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1 (24) Teens are among the heaviest purchasers

2 of music, and are most likely to favor music genres

3 that depict, and often appear to glamorize violence.

4 (25) Music has a powerful ability to influence

5 perceptions, attitudes, and emotional state. The use

6 of music as therapy indicates its potential to in7 crease emotional, psychological. and physical health.

8 That influence can be used for ill as well.

9 SEC. 403. PURPOSES; CONSTRUCTION.

10 (a) PURPOSES.—The purposes of this subtitle are to

11 permit the entertainment industry—

12 (1) to work collaboratively to respond to grow13 ing public concern about television programming,

14 movies, video games, Internet content, and music

15 lyrics, and the harmful influence of such program16 ming, movies, games, content, and lyrics on children;

17 (2) to develop a set of voluntary programming

18 guidelines similar to those contained in the Tele19 vision Code of the National Association of Broad20 casters; and

21 (3) to implement the guidelines in a manner

22 that alleviates the negative impact of television pro23 gramming, movies, video games, Internet content,

24 and music lyrics on the development of children in

25 the United States and stimulates the development
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1 and broadcast of educational and informational pro2 gramming for such children.

3 (b) CONSTRUCTION.—This subtitle may not be con4 strued as—

5 (1) providing the Federal Government with any

6 authority to restrict television programming, movies,

7 video games, Internet content, or music lyrics that

8 is in addition to the authority to restrict such pro9 gramming, movies, games, content, or lyrics under

10 law as of the date of the enactment of this Act; or

11 (2) approving any action of the Federal Govern12 ment to restrict such programming, movies, games,

13 content, or lyrics that is in addition to any actions

14 undertaken for that purpose by the Federal Govern15 ment under law as of such date.

16 SEC. 404. EXEMPTION OF VOLUNTARY AGREEMENTS ON

17 GUIDELINES FOR CERTAIN ENTERTAINMENT

18 MATERIAL FROM APPLICABILITY OF ANTI19 TRUST LAWS.

20 (a) EXEMPTION.—Subject to subsection (b), the anti21 trust laws shall not apply to any joint discussion, consider22 ation, review, action, or agreement by or among persons

23 in the entertainment industry for the purpose of devel24 oping and disseminating voluntary guidelines designed—
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1 (1) to alleviate the negative impact of telecast

2 material, movies, video games, Internet content, and

3 music lyrics containing violence, sexual content,

4 criminal behavior, or other subjects that are not ap5 propriate for children; or

6 (2) to promote telecast material that is edu7 cational, informational, or otherwise beneficial to the

8 development of children.

9 (b) LIMITATION.—The exemption provided in sub10 section (a) shall not apply to any joint discussion, consid11 eration, review, action, or agreement which—

12 (1) results in a boycott of any person; or

13 (2) concerns the purchase or sale of advertising,

14 including (without limitation) restrictions on the

15 number of products that may be advertised in a

16 commercial, the number of times a program may be

17 interrupted for commercials, and the number of con18 secutive commercials permitted within each interrup19 tion.

20 SEC. 405. EXEMPTION OF ACTIVITIES TO ENSURE COMPLI21 ANCE WITH RATINGS AND LABELING SYS22 TEMS FROM APPLICABILITY OF ANTITRUST

23 LAWS.

24 (a) EXEMPTION FROM ANTITRUST LAWS.—
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1 (1) IN GENERAL.—The antitrust laws shall not

2 apply to any joint discussion, consideration, review,

3 action, or agreement between or among persons in

4 the motion picture, recording, or video game indus5 try for the purpose of and limited to the develop6 ment or enforcement of voluntary guidelines, proce7 dures, and mechanisms designed to ensure compli8 ance by persons and entities described in paragraph

9 (2) with ratings and labeling systems to identify and

10 limit dissemination of sexual, violent, or other inde11 cent material to children.

12 (2) PERSONS AND ENTITIES DESCRIBED.—A

13 person or entity described in this paragraph is a per14 son or entity that is—

15 (A) engaged in the retail sales of motion

16 pictures, recordings, or video games; or

17 (B) a theater owner or operator, video

18 game arcade owner or operator, or other person

19 or entity that makes available the viewing, lis20 tening, or use of a motion picture, recording, or

21 video game to a member of the general public

22 for compensation.

23 (b) REPORT.—Not later than 12 months after the

24 date of the enactment of this Act, the Antitrust Division

25 of the Department of Justice, in conjunction with the Fed-
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1 eral Trade Commission, shall submit to Congress a report

2 on—

3 (1) the extent to which the motion picture, re4 cording, and video game industry have developed or

5 enforced guidelines, procedures, or mechanisms to

6 ensure compliance by persons and entities described

7 in subsection (b)(2) with ratings or labeling systems

8 which identify and limit dissemination of sexual, vio9 lent, or other indecent material to children; and

10 (2) the extent to which Federal or State anti11 trust laws preclude those industries from developing

12 and enforcing the guidelines described in subsection

13 (b)(1).

14 SEC. 406. DEFINITIONS.

15 In this subtitle:

16 (1) ANTITRUST LAWS.—The term ‘‘antitrust

17 laws’’ has the meaning given such term in the first

18 section of the Clayton Act (15 U.S.C. 12) and in19 cludes section 5 of the Federal Trade Commission

20 Act (15 U.S.C. 45).

21 (2) INTERNET.—The term ‘‘Internet’’ means

22 the combination of computer facilities and electro23 magnetic transmission media, and related equipment

24 and software, comprising the interconnected world25 wide network of computer networks that employ the
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1 Transmission Control Protocol/Internet Protocol or

2 any successor protocol to transmit information.

3 (3) MOVIES.—The term ‘‘movies’’ means mo4 tion pictures.

5 (4) PERSON IN THE ENTERTAINMENT INDUS6 TRY.—The term ‘‘person in the entertainment indus7 try’’ means a television network, any entity which

8 produces or distributes television programming (in9 cluding motion pictures), the National Cable Tele10 vision Association, the Association of Independent

11 Television Stations, Incorporated, the National Asso12 ciation of Broadcasters, the Motion Picture Associa13 tion of America, each of the affiliate organizations of

14 the television networks, the Interactive Digital Soft15 ware Association, any entity which produces or dis16 tributes video games, the Recording Industry Asso17 ciation of America, and any entity which produces or

18 distributes music, and includes any individual acting

19 on behalf of such person.

20 (5) TELECAST.—The term ‘‘telecast’’ means

21 any program broadcast by a television broadcast sta22 tion or transmitted by a cable television system.
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1 Subtitle B—Other Matters

2 SEC. 411. STUDY OF MARKETING PRACTICES OF MOTION

3 PICTURE, RECORDING, AND VIDEO/PER4 SONAL COMPUTER GAME INDUSTRIES.

5 (a) STUDY.—

6 (1) IN GENERAL.—The Federal Trade Commis7 sion and the Attorney General shall jointly conduct

8 a study of the marketing practices of the motion pic9 ture, recording, and video/personal computer game

10 industries.

11 (2) ISSUES EXAMINED.—In conducting the

12 study under paragraph (1), the Commission and the

13 Attorney General shall examine—

14 (A) the extent to which the motion picture,

15 recording, and video/personal computer indus16 tries target the marketing of violent, sexually

17 explicit, or other unsuitable material to minors,

18 including whether such content is advertised or

19 promoted in media outlets in which minors

20 comprise a substantial percentage of the audi21 ence;

22 (B) the extent to which retail merchants,

23 movie theaters, or others who engage in the sale

24 or rental for a fee of products of the motion
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1 picture, recording, and video/personal computer

2 industries—

3 (i) have policies to restrict the sale,

4 rental, or viewing to minors of music, mov5 ies, or video/personal computer games that

6 are deemed inappropriate for minors under

7 the applicable voluntary industry rating or

8 labeling systems; and

9 (ii) have procedures compliant with

10 such policies;

11 (C) whether and to what extent the motion

12 picture, recording, and video/personal computer

13 industries require, monitor, or encourage the

14 enforcement of their respective voluntary rating

15 or labeling systems by industry members, retail

16 merchants, movie theaters, or others who en17 gage in the sale or rental for a fee of the prod18 ucts of such industries;

19 (D) whether any of the marketing prac20 tices examined may violate Federal law; and

21 (E) whether and to what extent the motion

22 picture, recording, and video/personal computer

23 industries engage in actions to educate the pub24 lic on the existence, use, or efficacy of their vol25 untary rating or labeling systems.
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1 (3) FACTORS FOR DETERMINATION.—In deter2 mining whether the products of the motion picture,

3 recording, or video/personal computer industries are

4 violent, sexually explicit, or otherwise unsuitable for

5 minors for the purposes of paragraph (2)(A), the

6 Commission and the Attorney General shall consider

7 the voluntary industry rating or labeling systems of

8 the industry concerned as in effect on the date of

9 the enactment of this Act.

10 (b) REPORT.—Not later than one year after the date

11 of the enactment of this Act, the Commission and the At12 torney General shall submit to Congress a report on the

13 study conducted under subsection (a).

14 (c) AUTHORITY.—For the purposes of the study con15 ducted under subsection (a), the Commission may use its

16 authority under section 6(b) of the Federal Trade Com17 mission Act to require the filing of reports or answers in

18 writing to specific questions, as well as to obtain informa19 tion, oral testimony, documentary material, or tangible

20 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 fol6 lowing:

7 ‘‘(35) GUN SHOW.—The term ‘gun show’ means

8 a gun show or event described in section 923(j).

9 ‘‘(36) SPECIAL LICENSE.—The term ‘special li10 cense’ means a license issued under section 923(m).

11 ‘‘(37) SPECIAL LICENSEE.—The term ‘special

12 licensee’ means a person to whom a special license

13 has been issued.

14 ‘‘(38) SPECIAL REGISTRANT.—The term ‘spe15 cial registrant’ means a person to whom a special

16 registration has been issued.

17 ‘‘(39) SPECIAL REGISTRATION.—The term ‘spe18 cial registration’ means a registration issued under

19 section 923(m).’’.

20 (b) SPECIAL LICENSES; SPECIAL REGISTRATION.—

21 Section 923 of title 18, United States Code, is amended

22 by adding at the end the following:

23 ‘‘(m) SPECIAL LICENSES; SPECIAL REGISTRA24 TIONS.—

25 ‘‘(1) SPECIAL LICENSES.—
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1 ‘‘(A) APPLICATION.—A person who—

2 ‘‘(i) is engaged in the business of

3 dealing in firearms by—

4 ‘‘(I) buying or selling firearms

5 solely or primarily at gun shows; or

6 ‘‘(II) buying or selling firearms

7 as part of a gunsmith or firearm re8 pair business or the conduct of other

9 activity that, absent this subsection,

10 would require a license under this

11 chapter; and

12 ‘‘(ii) desires to have access to the Na13 tional Instant Check System;

14 may submit to the Secretary an application for a

15 special license.

16 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing

17 in this paragraph—

18 ‘‘(i) requires a license for conduct that

19 did not require a license before the date of

20 enactment of this subsection; or

21 ‘‘(ii) diminishes in any manner any

22 right to display, sell, or otherwise dispose

23 of firearms or ammunition, make repairs,

24 or engage in any other conduct or activity,

25 that was otherwise lawful to engage in
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1 without a license before the date of enact2 ment of 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

15 under this chapter from which the ap16 plicant conducts business (or intends

17 to establish such premises) within a

18 reasonable period of time; or

19 ‘‘(bb) the applicant conducts the

20 firearm business from a premises (or

21 a 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

5 selling firearms from the appli6 cant’s 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

23 a 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

17 business or commercial activity, including

18 compliance with zoning restrictions.

19 ‘‘(ii) DUTY TO COMPLY.—The

20 issuance of a special license does not re21 lieve an applicant or licensee, as a matter

22 of State or local law, from complying with

23 State or local law described in clause (i).

24 ‘‘(E) APPROVAL.—
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1 ‘‘(i) IN GENERAL.—The Secretary

2 shall approve an application under sub3 paragraph (A) if the application meets the

4 requirements 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 deal8 ers under this section, the Secretary shall

9 issue to the applicant a license which, sub10 ject to the provisions of this chapter and

11 other applicable provisions of law, entitles

12 the licensee to conduct business during the

13 3-year period that begins on the date on

14 which the license is issued.

15 ‘‘(iii) TIMING.—

16 ‘‘(I) IN GENERAL.—The Sec17 retary shall approve or disapprove an

18 application under subparagraph (A)

19 not later than 60 days after the Sec20 retary receives the application.

21 ‘‘(II) FAILURE TO ACT.—If the

22 Secretary fails to approve or dis23 approve an application within the time

24 specified by subclause (I), the appli25 cant may bring an action under sec-
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1 tion 1361 of title 28 to compel the

2 Secretary to act.

3 ‘‘(2) SPECIAL REGISTRANTS.—

4 ‘‘(A) IN GENERAL.—A person who is not

5 licensed under this chapter (other than a li6 censed collector) and who wishes to perform in7 stant background checks for the purposes of

8 meeting the requirements of section 922(t) at a

9 gun show may submit to the Secretary an appli10 cation for 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

22 by State or local law; and

23 ‘‘(bb) instant checks will be con24 ducted only at gun shows that are
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1 conducted 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

9 shall approve an application under sub10 paragraph (A) if the application meets the

11 requirements 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 reg16 istration a fee of $50 for 3 years, the Sec17 retary shall issue to the applicant a special

18 registration, and notify the Attorney Gen19 eral of the United States of the issuance of

20 the special registration.

21 ‘‘(iii) PERMITTED ACTIVITY.—Under

22 a special registration, a special registrant

23 may conduct instant check screening dur24 ing the 3-year period that begins with the

25 date on which the registration is issued.
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1 ‘‘(D) TIMING.—

2 ‘‘(i) IN GENERAL.—The Secretary

3 shall approve or deny an application under

4 subparagraph (A) not later than 60 days

5 after the Secretary receives the application.

6 ‘‘(ii) FAILURE TO ACT.—If the Sec7 retary fails to approve or disapprove an

8 application 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

17 person’s State of residence to another per18 son who is a resident of the same State,

19 may use (but shall not be required to use)

20 the services of a special registrant to deter21 mine the eligibility of the prospective

22 transferee to possess a firearm by having

23 the transferee provide the special reg24 istrant at the gun show, on a special and

25 limited-purpose form that the Secretary
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1 shall prescribe for use by a special

2 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

13 as 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

18 as 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

25 such inquiries;
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1 ‘‘(II) receive the response from

2 the 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

15 any appeal rights, if applicable.

16 ‘‘(iii) RECORDKEEPING.—A special

17 registrant shall—

18 ‘‘(I) keep all records or docu19 ments that the special registrant col20 lected pursuant to clause (ii) during

21 the gun show; and

22 ‘‘(II) transmit the records to the

23 Secretary when the special registra24 tion is no longer valid, expires, or is

25 revoked.
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1 ‘‘(iv) NO OTHER REQUIREMENTS.—

2 Except for the requirements stated in this

3 section, a special registrant is not subject

4 to any of the requirements imposed on li5 censees by this chapter, including those in

6 section 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

20 the provisions of paragraph (3)(vi), evidence re21 garding the use or nonuse by a transferor of

22 the services of a special registrant under this

23 paragraph shall not be admissible as evidence in

24 any proceeding of any court, agency, board, or

25 other entity for the purposes of establishing li-
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1 ability based on a civil action brought on any

2 theory for harm caused by a product or by neg3 ligence.

4 ‘‘(4) IMMUNITY.—

5 ‘‘(A) DEFINITION.—In this paragraph:

6 ‘‘(i) IN GENERAL.—The term ‘quali7 fied civil liability action’ means a civil ac8 tion brought by any person against a per9 son described in subparagraph (B) for

10 damages resulting from the criminal or un11 lawful misuse of the firearm by the trans12 feree or a third party.

13 ‘‘(ii) EXCLUSIONS.—The term ‘quali14 fied civil liability action’ shall not include

15 an action—

16 ‘‘(B) IMMUNITY.—Notwithstanding any

17 other provision of law, a person who is—

18 ‘‘(i) a special registrant who performs

19 a background check in the manner pre20 scribed in this subsection at a gun show;

21 ‘‘(ii) a licensee or special licensee who

22 acquires a firearm at a gun show from a

23 nonlicensee, for transfer to another non24 licensee in attendance at the gun show, for

25 the purpose of effectuating a sale, trade, or
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1 transfer between the 2 nonlicensees, all in

2 the manner prescribed for the acquisition

3 and disposition of a firearm under this

4 chapter; or

5 ‘‘(iii) a nonlicensee person disposing

6 of a firearm who uses the services of a per7 son described in clause (i) or (ii);

8 shall be entitled to immunity from civil liability

9 action as described in subparagraph (B).

10 ‘‘(C) PROSPECTIVE ACTIONS.—A qualified

11 civil liability action may not be brought in any

12 Federal or State court—

13 ‘‘(i) brought against a transferor con14 victed under section 922(h), or a com15 parable State felony law, by a person di16 rectly harmed by the transferee’s criminal

17 conduct, as defined in section 922(h); or

18 ‘‘(ii) brought against a transferor for

19 negligent entrustment or negligence per se.

20 ‘‘(D) DISMISSAL OF PENDING ACTIONS.—

21 A qualified civil liability action that is pending

22 on the date of enactment of this subsection

23 shall be dismissed immediately by the court.

24 ‘‘(5) REVOCATION.—A special license or special

25 registration shall be subject to revocation under pro-
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1 cedures provided for revocation of licensees in this

2 chapter.’’.

3 (b) PENALTIES.—Section 924(a) of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘(7) SPECIAL LICENSEES; SPECIAL REG7 ISTRANTS.—Whoever knowingly violates section

8 923(m)(1) shall be fined under this title, imprisoned

9 not more than 5 years, or both.’’.

10 SEC. 502. CLARIFICATION OF AUTHORITY TO CONDUCT

11 FIREARM TRANSACTIONS AT GUN SHOWS.

12 Section 923 of title 18, United States Code, is

13 amended by striking subsection (j) and inserting the fol14 lowing:

15 ‘‘(j) GUN SHOWS.—

16 ‘‘(1) IN GENERAL.—A licensed importer, li17 censed manufacturer, or licensed dealer may, under

18 regulations promulgated by the Secretary, conduct

19 business at a temporary location, other than the lo20 cation specified on the license, described in para21 graph (2).

22 ‘‘(2) TEMPORARY LOCATION.—

23 ‘‘(A) IN GENERAL.—A temporary location

24 referred to in paragraph (1) is a location for a

25 gun show, or for an event in the State specified
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1 on the license, at which firearms, firearms ac2 cessories and related items may be bought, sold,

3 traded, and displayed, in accordance with Fed4 eral, State, and local laws.

5 ‘‘(B) LOCATIONS OUT OF STATE.—If the

6 location is not in the State specified on the li7 cense, a licensee may display any firearm, and

8 take orders for a firearm or effectuate the

9 transfer of a firearm, in accordance with this

10 chapter, including paragraph (3) of this sub11 section.

12 ‘‘(C) QUALIFIED GUN SHOWS OR

13 EVENTS.—A gun show or an event shall qualify

14 as a temporary location if—

15 ‘‘(i) the gun show or event is one

16 which is sponsored, for profit or not, by an

17 individual, national, State, or local organi18 zation, association, or other entity to foster

19 the collecting, competitive use, sporting

20 use, or any other legal use of firearms; and

21 ‘‘(ii) the gun show or event has 20

22 percent or more firearm exhibitors out of

23 all exhibitors.

24 ‘‘(D) FIREARM EXHIBITOR.—The term

25 ‘firearm exhibitor’ means an exhibitor who dis-
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1 plays 1 or more firearms (as defined by section

2 921(a)(3)) and offers such firearms for sale or

3 trade at the gun show or event.

4 ‘‘(3) RECORDS.—Records of receipt and dis5 position of firearms transactions conducted at a

6 temporary location—

7 ‘‘(A) shall include the location of the sale

8 or other disposition;

9 ‘‘(B) shall be entered in the permanent

10 records of the licensee; and

11 ‘‘(C) shall be retained at the location

12 premises specified on the license.

13 ‘‘(4) VEHICLES.—Nothing in this subsection

14 authorizes a licensee to conduct business in or from

15 any motorized or towed vehicle.

16 ‘‘(5) NO SEPARATE FEE.—Notwithstanding

17 subsection (a), a separate fee shall not be required

18 of a licensee with respect to business conducted

19 under this subsection.

20 ‘‘(6) INSPECTIONS AND EXAMINATIONS.—

21 ‘‘(A) AT A TEMPORARY LOCATION.—Any

22 inspection or examination of inventory or

23 records under this chapter by the Secretary at

24 a temporary location shall be limited to inven25 tory consisting of, or records relating to, fire-
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1 arms held or disposed at the temporary loca2 tion.

3 ‘‘(B) NO REQUIREMENT.—Nothing in this

4 subsection authorizes the Secretary to inspect

5 or examine the inventory or records of a li6 censed importer, licensed manufacturer, or li7 censed dealer at any location other than the lo8 cation specified on the license.

9 ‘‘(7) NO EFFECT ON OTHER RIGHTS.—Nothing

10 in this subsection diminishes in any manner any

11 right to display, sell, or otherwise dispose of firearms

12 or ammunition that is in effect before the date of

13 enactment of this subsection, including the right of

14 a licensee to conduct firearms transfers and business

15 away from their business premises with another li16 censee without regard to whether the location of the

17 business is in the State specified on the license of

18 either licensee.’’.

19 SEC. 503. ‘‘INSTANT CHECK’’ GUN TAX AND GUN OWNER PRI20 VACY.

21 (a) PROHIBITION OF GUN TAX.—

22 (1) IN GENERAL.—Chapter 33 of title 28,

23 United States Code, is amended by adding at the

24 end the following:
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1 ‘‘§ 540B. Prohibition of background check fee

2 ‘‘(a) IN GENERAL.—No officer, employee, or agent

3 of the United States, including a State or local officer or

4 employee acting on behalf of the United States, may

5 charge or collect any fee in connection with any back6 ground check required in connection with the transfer of

7 a firearm (as defined in section 921(a)(3) of title 18).

8 ‘‘(b) CIVIL REMEDIES.—Any person aggrieved by a

9 violation of this section may bring an action in United

10 States district court for actual damages, punitive dam11 ages, and such other remedies as the court may determine

12 to be appropriate, including a reasonable attorney’s fee.’’.

13 (2) CONFORMING AMENDMENT.—The analysis

14 for chapter 33 of title 28, United States Code, is

15 amended by inserting after the item relating to sec16 tion 540A the following:

‘‘540B. Prohibition of background check fee.’’.

17 (b) PROTECTION OF GUN OWNER PRIVACY AND

18 OWNERSHIP RIGHTS.—

19 (1) IN GENERAL.—Chapter 44 of title 18,

20 United States Code, is amended by adding at the

21 end the following:

22 ‘‘§ 931. Gun owner privacy and ownership rights

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of law, no department, agency, or instrumentality

25 of the United States or officer, employee, or agent of the
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1 United States, including a State or local officer or em2 ployee acting on behalf of the United States shall—

3 ‘‘(1) perform any national instant criminal

4 background check on any person through the system

5 established under section 103 of the Brady Handgun

6 Violence Prevention Act (18 U.S.C. 922 note) (re7 ferred to in this section as the ‘‘system’’) if the sys8 tem does not require and result in the immediate de9 struction of all information, in any form whatsoever

10 or through any medium, concerning the person if the

11 person is determined, through the use of the system,

12 not to be prohibited by subsection (g) or (n) of sec13 tion 922 or by State law from receiving a firearm;

14 or

15 ‘‘(2) continue to operate the system (including

16 requiring a background check before the transfer of

17 a firearm) unless—

18 ‘‘(A) the National Instant Check System

19 index complies with the requirements of section

20 552a(e)(5) of title 5, United States Code; and

21 ‘‘(B) does not invoke the exceptions under

22 subsection (j)(2) or paragraph (2) or (3) of

23 subsection (k) of section 552a of title 5, United

24 States Code, except if specifically identifiable

25 information is compiled for a particular law en-
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1 forcement investigation or specific criminal en2 forcement matter.

3 ‘‘(b) APPLICABILITY.—Subsection (a)(1) does not

4 apply to the retention or transfer of information relating

5 to—

6 ‘‘(1) any unique identification number provided

7 by the national instant criminal background check

8 system pursuant to section 922(t)(1)(B)(i) of title

9 18, United States Code; or

10 ‘‘(2) the date on which that number is provided.

11 ‘‘(c) CIVIL REMEDIES.—Any person aggrieved by a

12 violation of this section may bring an action in United

13 States district court for actual damages, punitive dam14 ages, and such other remedies as the court may determine

15 to be appropriate, including a reasonable attorney’s fee.’’.

16 (2) CONFORMING AMENDMENT.—The analysis

17 for chapter 44 of title 18, United States Code, is

18 amended by adding at the end the following:

‘‘931. Gun owner privacy and ownership rights.’’.

19 (c) PROVISION RELATING TO PAWN AND OTHER

20 TRANSACTIONS.—

21 (1) REPEAL.—Section 655 of title VI of the

22 Treasury and General Governmental Appropriations

23 Act, 1999 (112 Stat. 2681–530) is repealed.

24 (2) RETURN OF FIREARM.—Section 922(t)(1)

25 of title 18, United States Code, is amended by in-
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1 serting ‘‘(other than the return of a firearm to the

2 person from whom it was received)’’ before ‘‘to any

3 other person’’.

4 SEC. 504. EFFECTIVE DATE.

5 (a) SECTIONS 501 AND 502.—The amendments made

6 by sections 501 and 502 shall take effect on the date that

7 is 90 days after the date of enactment of this Act.

8 (b) SECTION 503.—The amendments made by sec9 tion 503 take effect on the date of enactment of this Act,

10 except that the amendment made by subsection (a) of that

11 section takes effect on October 1, 1999.

12 TITLE VI—RESTRICTING JUVE13 NILE ACCESS TO CERTAIN

14 FIREARMS

15 SEC. 601. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

16 (a) JUVENILE WEAPONS PENALTIES.—Section

17 924(a) of title 18, United States Code, is amended—

18 (1) in paragraph (4) by striking ‘‘Whoever’’ at

19 the beginning of the first sentence, and inserting in

20 lieu thereof, ‘‘Except as provided in paragraph (6)

21 of this subsection, whoever’’; and

22 (2) in paragraph (6), by amending it to read as

23 follows:
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1 ‘‘(6)(A) A juvenile who violates section 922(x)

2 shall be fined under this title, imprisoned not more

3 than 1 year, or both, except—

4 ‘‘(i) a juvenile shall be sentenced to proba5 tion on appropriate conditions and shall not be

6 incarcerated unless the juvenile fails to comply

7 with a condition of probation, if—

8 ‘‘(I) the offense of which the juvenile

9 is charged is possession of a handgun, am10 munition, large capacity ammunition feed11 ing device or a semiautomatic assault

12 weapon in violation of section 922(x)(2);

13 and

14 ‘‘(II) the juvenile has not been con15 victed in any court of an offense (including

16 an offense under section 922(x) or a simi17 lar State law, but not including any other

18 offense consisting of conduct that if en19 gaged in by an adult would not constitute

20 an offense) or adjudicated as a juvenile de21 linquent for conduct that if engaged in by

22 an adult would constitute an offense; or

23 ‘‘(ii) a juvenile shall be fined under this

24 title, imprisoned not more than 20 years, or

25 both, if—
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1 ‘‘(I) the offense of which the juvenile

2 is charged is possession of a handgun, am3 munition, large capacity ammunition feed4 ing device or a semiautomatic assault

5 weapon in violation of section 922(x)(2);

6 and

7 ‘‘(II) during the same course of con8 duct in violating section 922(x)(2), the ju9 venile violated section 922(q), with the in10 tent to carry or otherwise possess or dis11 charge or otherwise use the handgun, am12 munition, large capacity ammunition feed13 ing device or a semiautomatic assault

14 weapon in the commission of a violent fel15 ony.

16 ‘‘(B) A person other than a juvenile who know17 ingly violates section 922(x)—

18 ‘‘(i) shall be fined under this title, impris19 oned not more than 1 year, or both; and

20 ‘‘(ii) if the person sold, delivered, or other21 wise transferred a handgun, ammunition, large

22 capacity ammunition feeding device or a semi23 automatic assault weapon to a juvenile knowing

24 or having reasonable cause to know that the ju25 venile intended to carry or otherwise possess or
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1 discharge or otherwise use the handgun, ammu2 nition, large capacity ammunition feeding device

3 or semiautomatic assault weapon in the com4 mission of a violent felony, shall be fined under

5 this title, imprisoned not more than 20 years,

6 or both.

7 ‘‘(C) For purposes of this paragraph a ‘violent

8 felony’ means conduct as described in section

9 924(e)(2)(B) of this title.

10 ‘‘(D) Except as otherwise provided in this chap11 ter, in any case in which a juvenile is prosecuted in

12 a district court of the United States, and the juve13 nile is subject to the penalties under clause (ii) of

14 paragraph (A), the juvenile shall be subject to the

15 same laws, rules, and proceedings regarding sen16 tencing (including the availability of probation, res17 titution, fines, forfeiture, imprisonment, and super18 vised release) that would be applicable in the case of

19 an adult. No juvenile sentenced to a term of impris20 onment shall be released from custody simply be21 cause the juvenile reaches the age of 18 years.’’.

22 (b) UNLAWFUL WEAPONS TRANSFERS TO JUVE23 NILES.—Section 922(x) of title 18, United States Code,

24 is amended to read as follows:
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1 ‘‘(x)(1) It shall be unlawful for a person to sell, de2 liver, or otherwise transfer to a person who the transferor

3 knows or has reasonable cause to believe is a juvenile—

4 ‘‘(A) a handgun;

5 ‘‘(B) ammunition that is suitable for use only

6 in a handgun;

7 ‘‘(C) a semiautomatic assault weapon; or

8 ‘‘(D) a large capacity ammunition feeding de9 vice.

10 ‘‘(2) It shall be unlawful for any person who is a juve11 nile to knowingly possess—

12 ‘‘(A) a handgun;

13 ‘‘(B) ammunition that is suitable for use only

14 in a handgun;

15 ‘‘(C) a semiautomatic assault weapon; or

16 ‘‘(D) a large capacity ammunition feeding de17 vice.

18 ‘‘(3) This subsection does not apply to—

19 ‘‘(A) a temporary transfer of a handgun, am20 munition, large capacity ammunition feeding device

21 or a semiautomatic assault weapon to a juvenile or

22 to the possession or use of a handgun, ammunition,

23 large capacity ammunition feeding device or a semi24 automatic assault weapon by a juvenile—
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1 ‘‘(i) if the handgun, ammunition, large ca2 pacity ammunition feeding device or semiauto3 matic assault weapon are possessed and used by

4 the juvenile—

5 ‘‘(I) in the course of employment,

6 ‘‘(II) in the course of ranching or

7 farming related to activities at the resi8 dence of the juvenile (or on property used

9 for ranching or farming at which the juve10 nile, with the permission of the property

11 owner or lessee, is performing activities re12 lated to the operation of the farm or

13 ranch),

14 ‘‘(III) for target practice,

15 ‘‘(IV) for hunting, or

16 ‘‘(V) for a course of instruction in the

17 safe and lawful use of a firearm;

18 ‘‘(ii) clause (i) shall apply only if the juve19 nile’s possession and use of a handgun, ammu20 nition, large capacity ammunition feeding device

21 or a semiautomatic assault weapon under this

22 subparagraph are in accordance with State and

23 local law, and the following conditions are

24 met—
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1 ‘‘(I) except when a parent or guardian

2 of the juvenile is in the immediate and su3 pervisory presence of the juvenile, the juve4 nile shall have in the juvenile’s possession

5 at all times when a handgun, ammunition,

6 large capacity ammunition feeding device

7 or semiautomatic assault weapon is in the

8 possession of the juvenile, the prior written

9 consent of the juvenile’s parent or guard10 ian who is not prohibited by Federal,

11 State, or local law from possessing a fire12 arm or ammunition; and

13 ‘‘(II) during transportation by the ju14 venile directly from the place of transfer to

15 a place at which an activity described in

16 clause (i) is to take place the firearm shall

17 be unloaded and in a locked container or

18 case, and during the transportation by the

19 juvenile of that firearm, directly from the

20 place at which such an activity took place

21 to the transferor, the firearm shall also be

22 unloaded and in a locked container or case;

23 or

24 ‘‘(III) with respect to employment,

25 ranching or farming activities as described
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1 in clause (i), a juvenile may possess and

2 use a handgun, ammunition, large capacity

3 ammunition feeding device or a semiauto4 matic assault rifle with the prior written

5 approval of the juvenile’s parent or legal

6 guardian, if such approval is on file with

7 the adult who is not prohibited by Federal,

8 State, or local law from possessing a fire9 arm or ammunition and that person is di10 recting the ranching or farming activities

11 of the juvenile;

12 ‘‘(B) a juvenile who is a member of the Armed

13 Forces of the United States or the National Guard

14 who possesses or is armed with a handgun, ammuni15 tion, large capacity ammunition feeding device or

16 semiautomatic assault weapon in the line of duty;

17 ‘‘(C) a transfer by inheritance of title (but not

18 possession) of a handgun, ammunition, large capac19 ity ammunition feeding device or a semiautomatic

20 assault weapon to a juvenile; or

21 ‘‘(D) the possession of a handgun, ammunition,

22 large capacity ammunition feeding device or a semi23 automatic assault weapon taken in lawful defense of

24 the juvenile or other persons in the residence of the
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1 juvenile or a residence in which the juvenile is an in2 vited guest.

3 ‘‘(4) A handgun, ammunition, large capacity ammu4 nition feeding device or a semiautomatic assault weapon,

5 the possession of which is transferred to a juvenile in cir6 cumstances in which the transferor is not in violation of

7 this subsection, shall not be subject to permanent confisca8 tion by the Government if its possession by the juvenile

9 subsequently becomes unlawful because of the conduct of

10 the juvenile, but shall be returned to the lawful owner

11 when such handgun, ammunition, large capacity ammuni12 tion feeding device or semiautomatic assault weapon is no

13 longer required by the Government for the purposes of in14 vestigation or prosecution.

15 ‘‘(5) For purposes of this subsection, the term ‘juve16 nile’ means a person who is less than 18 years of age.

17 ‘‘(6)(A) In a prosecution of a violation of this sub18 section, the court shall require the presence of a juvenile

19 defendant’s parent or legal guardian at all proceedings.

20 ‘‘(B) The court may use the contempt power to en21 force subparagraph (A).

22 ‘‘(C) The court may excuse attendance of a parent

23 or legal guardian of a juvenile defendant at a proceeding

24 in a prosecution of a violation of this subsection for good

25 cause shown.
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1 ‘‘(7) For purposes of this subsection only, the term

2 ‘large capacity ammunition feeding device’ has the same

3 meaning as in section 921(a)(31) of title 18 and includes

4 similar devices manufactured before the effective date of

5 the Violent Crime Control and Law Enforcement Act of

6 1994.’’.

7 SEC. 602. EFFECTIVE DATE.

8 This title and the amendments made by this title

9 shall take effect 180 days after the date of enactment of

10 this Act.

11 TITLE VII—ASSAULT WEAPONS

12 SEC. 701. SHORT TITLE.

13 This Act may be cited as the ‘‘Juvenile Assault

14 Weapon Loophole Closure Act of 1999’’.

15 SEC. 702. BAN ON IMPORTING LARGE CAPACITY AMMUNI16 TION FEEDING DEVICES.

17 Section 922(w) of title 18, United States Code, is

18 amended—

19 (1) in paragraph (1), by striking ‘‘(1) Except as

20 provided in paragraph (2)’’ and inserting ‘‘(1)(A)

21 Except as provided in subparagraph (B)’’;

22 (2) in paragraph (2), by striking ‘‘(2) Para23 graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;

24 (3) by inserting before paragraph (3) the fol25 lowing new paragraph (2):
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1 ‘‘(2) It shall be unlawful for any person to import

2 a large capacity ammunition feeding device.’’; and

3 (4) in paragraph (4)—

4 (A) by striking ‘‘(1)’’ each place it appears

5 and inserting ‘‘(1)(A)’’; and

6 (B) by striking ‘‘(2)’’ and inserting

7 ‘‘(1)(B)’’.

8 SEC. 703. DEFINITION OF LARGE CAPACITY AMMUNITION

9 FEEDING DEVICE.

10 Section 921(a)(31) of title 18, United States Code,

11 is amended by striking ‘‘manufactured after the date of

12 enactment of the Violent Crime Control and Law Enforce13 ment Act of 1994’’.

14 SEC. 704. EFFECTIVE DATE.

15 This title and the amendments made by this title ex16 cept sections 702 and 703 shall take effect 180 days after

17 the date of enactment of this Act.

18 TITLE VIII—EFFECTIVE GUN

19 LAW ENFORCEMENT

20 Subtitle A—Criminal Use of

21 Firearms by Felons

22 SEC. 801. SHORT TITLE.

23 This subtitle may be referred to as the ‘‘Criminal Use

24 of Firearms by Felons (CUFF) Act’’.
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1 SEC. 802. FINDINGS.

2 Congress finds the following:

3 (1) Tragedies such as those occurring recently

4 in the communities of Pearl, Mississippi, Paducah,

5 Kentucky, Jonesboro, Arkansas, Springfield, Or6 egon, and Littleton, Colorado are terrible reminders

7 of the vulnerability of innocent individuals to ran8 dom and senseless acts of criminal violence.

9 (2) The United States Congress has responded

10 to the problem of gun violence by passing numerous

11 criminal statutes and by supporting the development

12 of law enforcement programs designed both to pun13 ish the criminal misuse of weapons and also to deter

14 individuals from undertaking illegal acts.

15 (3) In 1988, the Administration initiated an in16 novative program known as Project Achilles. The

17 concept behind the initiative was that the illegal pos18 session of firearms was the Achilles heel or the area

19 of greatest vulnerability of criminals. By aggressively

20 prosecuting criminals with guns in Federal court,

21 the offenders were subject to stiffer penalties and

22 expedited prosecutions. The Achilles program was

23 particularly effective in removing the most violent

24 criminals from our communities.

25 (4) In 1991, the Administration expanded its

26 efforts to remove criminals with guns from our
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1 streets with Project Triggerlock. Triggerlock contin2 ued the ideas formulated in the Achilles program

3 and committed the Department of Justice resources

4 to the prosecution effort. Under the program, every

5 United States Attorney was directed to form special

6 teams of Federal, State, and local investigators to

7 look for gang and drug cases that could be pros8 ecuted as Federal weapon violations. Congress ap9 propriated additional funds to allow a large number

10 of new law enforcement officers and Federal pros11 ecutors to target these gun and drug offenders. In

12 1992, approximately 7048 defendants were pros13 ecuted under this initiative.

14 (5) Since 1993, the number of ‘‘Project

15 Triggerlock’’ type gun prosecutions pursued by the

16 Department of Justice has fallen to approximately

17 3807 prosecutions in 1998. This is a decline of over

18 40 percent in Federal prosecutions of criminals with

19 guns.

20 (6) The threat of criminal prosecution in the

21 Federal criminal justice system works to deter crimi22 nal behavior because the Federal system is known

23 for speedier trials and longer prison sentences.

24 (7) The deterrent effect of Federal gun pros25 ecutions has been demonstrated recently by success-
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1 ful programs, such as ‘‘Project Exile’’ in Richmond,

2 Virginia, which resulted in a 22 percent decrease in

3 violent crime since 1994.

4 (8) The Department of Justice’s failure to pros5 ecute the criminal use of guns under existing Fed6 eral law undermines the significant deterrent effect

7 that these laws are meant to produce.

8 (9) The Department of Justice already pos9 sesses a vast array of Federal criminal statutes that,

10 if used aggressively to prosecute wrongdoers, would

11 significantly reduce both the threat of, and the inci12 dence of, criminal gun violence.

13 (10) As an example, the Department of Justice

14 has the statutory authority in section 922(q) of title

15 18, United States Code, to prosecute individuals who

16 bring guns to school zones. Although the Adminis17 tration stated that over 6,000 students were expelled

18 last year for bringing guns to school, the Justice De19 partment reports prosecuting only 8 cases under sec20 tion 922(q) in 1998.

21 (11) The Department of Justice is also empow22 ered under section 922(x) of title 18, United States

23 Code, to prosecute adults who transfer handguns to

24 juveniles. In 1998, the Department of Justice re-
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1 ports having prosecuted only 6 individuals under this

2 provision.

3 (12) The Department of Justice’s utilization of

4 existing prosecutorial power is 1 of the most signifi5 cant steps that can be taken to reduce the number

6 of criminal acts involving guns, and represents a

7 better response to the problem of criminal violence

8 than the enactment of new, symbolic laws, which, if

9 current Departmental trends hold, would likely be

10 underutilized.

11 SEC. 803. CRIMINAL USE OF FIREARMS BY FELONS PRO12 GRAM.

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

14 date of enactment of this Act, the Attorney General and

15 the Secretary of the Treasury shall establish in the juris16 dictions specified in subsection (d) a program that meets

17 the requirements of subsections (b) and (c). The program

18 shall be known as the ‘‘Criminal Use of Firearms by Fel19 ons (CUFF) Program’’.

20 (b) PROGRAM ELEMENTS.—Each program estab21 lished under subsection (a) shall, for the jurisdiction

22 concerned—

23 (1) provide for coordination with State and

24 local law enforcement officials in the identification of

25 violations of Federal firearms laws;
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1 (2) provide for the establishment of agreements

2 with State and local law enforcement officials for the

3 referral to the Bureau of Alcohol, Tobacco, and

4 Firearms and the United States Attorney for pros5 ecution of persons arrested for violations of section

6 922(a)(6), 922(g)(1), 922(g)(2), 922(g)(3), 922(j),

7 922(q), 922(k), or 924(c) of title 18, United States

8 Code, or section 5861(d) or 5861(h) of the Internal

9 Revenue Code of 1986, relating to firearms;

10 (3) require that the United States Attorney

11 designate not less than 1 Assistant United States

12 Attorney to prosecute violations of Federal firearms

13 laws;

14 (4) provide for the hiring of agents for the Bu15 reau of Alcohol, Tobacco, and Firearms to inves16 tigate violations of the provisions referred to in

17 paragraph (2) and section 922(a)(5) of title 18,

18 United States Code, relating to firearms; and

19 (5) ensure that each person referred to the

20 United States Attorney under paragraph (2) be

21 charged with a violation of the most serious Federal

22 firearm offense consistent with the act committed.

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

24 program for a jurisdiction, the United States Attorney

25 shall carry out, in cooperation with local civic, community,
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1 law enforcement, and religious organizations, an extensive

2 media and public outreach campaign focused in high-crime

3 areas to—

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

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

7 possession of illegal firearms to authorities.

8 (d) COVERED JURISDICTIONS.—The jurisdictions

9 specified in this subsection are the following 25 jurisdic10 tions:

11 (1) The 10 jurisdictions with a population equal

12 to or greater than 100,000 persons that had the

13 highest total number of violent crimes according to

14 the FBI uniform crime report for 1998.

15 (2) The 15 jurisdictions with such a population,

16 other than the jurisdictions covered by paragraph

17 (1), with the highest per capita rate of violent crime

18 according to the FBI uniform crime report for 1998.

19 SEC. 804. ANNUAL REPORTS.

20 Not later than 1 year after the date of enactment

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

22 shall submit to the Committees on the Judiciary of Senate

23 and House of Representatives a report containing the fol24 lowing information:
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1 (1) The number of Assistant United States At2 torneys hired under the program under this subtitle

3 during the year preceding the year in which the re4 port is submitted in order to prosecute violations of

5 Federal firearms laws in Federal court.

6 (2) The number of individuals indicted for such

7 violations during that year by reason of the pro8 gram.

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

10 individuals indicted for such violations during that

11 year by reason of the program when compared with

12 the year preceding that year.

13 (4) The number of individuals held without

14 bond in anticipation of prosecution by reason of the

15 program.

16 (5) To the extent information is available, the

17 average length of prison sentence of the individuals

18 convicted of violations of Federal firearms laws by

19 reason of the program.

20 SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to carry out the pro23 gram under section 803 $50,000,000 for fiscal year 2000,

24 of which—
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1 (1) $40,000,000 shall be used for salaries and

2 expenses of Assistant United States Attorneys and

3 Bureau of Alcohol, Tobacco, and Firearms agents;

4 and

5 (2) $10,000,000 shall be available for the public

6 relations campaign required by subsection (c) of that

7 section.

8 (b) USE OF FUNDS.—

9 (1) The Assistant United States Attorneys

10 hired using amounts appropriated pursuant to the

11 authorization of appropriations in subsection (a)

12 shall prosecute violations of Federal firearms laws in

13 accordance with section 803(b)(3).

14 (2) The Bureau of Alcohol, Tobacco, and Fire15 arms agents hired using amounts appropriated pur16 suant to the authorization of appropriations in sub17 section (a) shall, to the maximum extent practicable,

18 concentrate their investigations on violations of Fed19 eral firearms laws in accordance with section

20 803(b)(4).

21 (3) It is the sense of Congress that amounts

22 made available under this section for the public edu23 cation campaign required by section 803(c) should,

24 to the maximum extent practicable, be matched with

25 State or local funds or private donations.
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1 (c) AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS.—In addition to amounts made available under sub3 section (a), there is authorized to be appropriated to the

4 Administrative Office of the United States Courts such

5 sums as may be necessary to carry out this subtitle.

6 Subtitle B—Apprehension and

7 Treatment of Armed Violent

8 Criminals

9 SEC. 811. APPREHENSION AND PROCEDURAL TREATMENT

10 OF ARMED VIOLENT CRIMINALS.

11 (a) PRETRIAL DETENTION FOR POSSESSION OF

12 FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—

13 Section 3156(a)(4) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘or’’ at the end of subparagraph

16 (B);

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (C) and inserting ‘‘or’’; and

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

20 ‘‘(D) an offense that is a violation of sec21 tion 842(i) or 922(g) (relating to possession of

22 explosives or firearms by convicted felons);

23 and’’.
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1 (b) FIREARMS POSSESSION BY VIOLENT FELONS

2 AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of

3 title 18, 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. 821. 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

22 75 cities or counties by October 1, 2000, to 150 cit23 ies or counties by October 1, 2002, and to 250 cities

24 or counties by October 1, 2003.
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1 (2) SELECTION.—Cities and counties selected

2 for participation in the YCGII shall be selected by

3 the Secretary of the Treasury and in consultation

4 with Federal, State and local law enforcement offi5 cials.

6 (b) IDENTIFICATION OF INDIVIDUALS.—

7 (1) IN GENERAL.—The Secretary of the Treas8 ury shall, utilizing the information provided by the

9 YCGII, facilitate the identification and prosecution

10 of individuals illegally trafficking firearms to prohib11 ited individuals.

12 (2) SHARING OF INFORMATION.—The Secretary

13 of the Treasury shall share information derived from

14 the YCGII with State and local law enforcement

15 agencies through on-line computer access, as soon as

16 such capability is available.

17 (c) GRANT AWARDS.—

18 (1) IN GENERAL.—The Secretary of the Treas19 ury shall award grants (in the form of funds or

20 equipment) to States, cities, and counties for pur21 poses of assisting such entities in the tracing of fire22 arms and participation in the YCGII.

23 (2) USE OF GRANT FUNDS.—Grants made

24 under this part shall be used to—
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1 (A) hire or assign additional personnel for

2 the gathering, submission and analysis of trac3 ing data submitted to the Bureau of Alcohol,

4 Tobacco and Firearms under the YCGII;

5 (B) hire additional law enforcement per6 sonnel for the purpose of identifying and arrest7 ing individuals illegally trafficking firearms; and

8 (C) purchase additional equipment, includ9 ing automatic data processing equipment and

10 computer software and hardware, for the timely

11 submission and analysis of tracing data.

12 Subtitle D—Gun Prosecution Data

13 SEC. 831. COLLECTION OF GUN PROSECUTION DATA.

14 (a) REPORT TO CONGRESS.—On February 1, 2000,

15 and on February 1 of each year thereafter, the Attorney

16 General shall submit to the Committees on the Judiciary

17 and on Appropriations of the Senate and the House of

18 Representatives a report of information gathered under

19 this section during the fiscal year that ended on Sep20 tember 30 of the preceding year.

21 (b) SUBJECT OF ANNUAL REPORT.—Not later than

22 90 days after the date of enactment of this Act, the Attor23 ney General shall require each component of the Depart24 ment of Justice, including each United States Attorney’s

25 Office, to furnish for the purposes of the report described
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1 in subsection (a), information relating to any case pre2 sented to the Department of Justice for review or prosecu3 tion, in which the objective facts of the case provide prob4 able cause to believe that there has been a violation of

5 section 922 of title 18, United States Code.

6 (c) ELEMENTS OF ANNUAL REPORT.—With respect

7 to each case described in subsection (b), the report sub8 mitted under subsection (a) shall include information

9 indicating—

10 (1) whether in any such case, a decision has

11 been made not to charge an individual with a viola12 tion of section 922 of title 18, United States Code,

13 or any other violation of Federal criminal law;

14 (2) in any case described in paragraph (1), the

15 reason for such failure to seek or obtain a charge

16 under section 922 of title 18, United States Code;

17 (3) whether in any case described in subsection

18 (b), an indictment, information, or other charge has

19 been brought against any person, or the matter is

20 pending;

21 (4) whether, in the case of an indictment, infor22 mation, or other charge described in paragraph (3),

23 the charging document contains a count or counts

24 alleging a violation of section 922 of title 18, United

25 States Code;
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1 (5) in any case described in paragraph (4) in

2 which the charging document contains a count or

3 counts alleging a violation of section 922 of title 18,

4 United States Code, whether a plea agreement of

5 any kind has been entered into with such charged

6 individual;

7 (6) whether any plea agreement described in

8 paragraph (5) required that the individual plead

9 guilty, to enter a plea of nolo contendere, or other10 wise caused a court to enter a conviction against

11 that individual for a violation of section 922 of title

12 18, United States Code;

13 (7) in any case described in paragraph (6) in

14 which the plea agreement did not require that the

15 individual plead guilty, enter a plea of nolo

16 contendere, or otherwise cause a court to enter a

17 conviction against that individual for a violation of

18 section 922 of title 18, United States Code, identi19 fication of the charges to which that individual did

20 plead guilty, and the reason for the failure to seek

21 or obtain a conviction under that section;

22 (8) in the case of an indictment, information, or

23 other charge described in paragraph (3), in which

24 the charging document contains a count or counts

25 alleging a violation of section 922 of title 18, United
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1 States Code, the result of any trial of such charges

2 (guilty, not guilty, mistrial); and

3 (9) in the case of an indictment, information, or

4 other charge described in paragraph (3), in which

5 the charging document did not contain a count or

6 counts alleging a violation of section 922 of title 18,

7 United States Code, the nature of the other charges

8 brought and the result of any trial of such other

9 charges as have been brought (guilty, not guilty,

10 mistrial).

11 Subtitle E—Firearms Possession by

12 Violent Juvenile Offenders

13 SEC. 841. PROHIBITION ON FIREARMS POSSESSION BY VIO14 LENT JUVENILE OFFENDERS.

15 (a) DEFINITION.—Section 921(a)(20) of title 18,

16 United States Code, is amended—

17 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

18 (2) by redesignating subparagraphs (A) and

19 (B) as clauses (i) and (ii), respectively;

20 (3) by inserting after subparagraph (A) the fol21 lowing:

22 ‘‘(B) For purposes of subsections (d) and (g) of sec23 tion 922, the term ‘act of violent juvenile delinquency’

24 means an adjudication of delinquency in Federal or State

25 court, based on a finding of the commission of an act by
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1 a person prior to his or her eighteenth birthday that, if

2 committed by an adult, would be a serious or violent fel3 ony, as defined in section 3559(c)(2)(F)(i) had Federal

4 jurisdiction existed and been exercised (except that section

5 3559(c)(3)(A) shall not apply to this subparagraph).’’;

6 and

7 (4) in the undesignated paragraph following

8 subparagraph (B) (as added by paragraph (3) of

9 this subsection), by striking ‘‘What constitutes’’ and

10 all that follows through ‘‘this chapter,’’ and inserting

11 the following:

12 ‘‘(C) What constitutes a conviction of such a crime

13 or an adjudication of an act of violent juvenile delinquency

14 shall be determined in accordance with the law of the ju15 risdiction in which the proceedings were held. Any State

16 conviction or adjudication of an act of violent juvenile de17 linquency that has been expunged or set aside, or for

18 which a person has been pardoned or has had civil rights

19 restored, by the jurisdiction in which the conviction or ad20 judication of an act of violent juvenile delinquency oc21 curred shall not be considered to be a conviction or adju22 dication of an act of violent juvenile delinquency for pur23 poses of this chapter,’’.

24 (b) PROHIBITION.—Section 922 of title 18, United

25 States Code, is amended—
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1 (1) in subsection (d)—

2 (A) in paragraph (8), by striking ‘‘or’’ at

3 the end;

4 (B) in paragraph (9), by striking the pe5 riod at the end and inserting ‘‘; or’’; and

6 (C) by inserting after paragraph (9) the

7 following:

8 ‘‘(10) has committed an act of violent juvenile

9 delinquency.’’; and

10 (2) in subsection (g)—

11 (A) in paragraph (8), by striking ‘‘or’’ at

12 the end;

13 (B) in paragraph (9), by striking the

14 comma at the end and inserting ‘‘; or’’; and

15 (C) by inserting after paragraph (9) the

16 following:

17 ‘‘(10) who has committed an act of violent juve18 nile delinquency,’’.

19 (c) EFFECTIVE DATE OF ADJUDICATION PROVI20 SIONS.—The amendments made by this section shall only

21 apply to an adjudication of an act of violent juvenile delin22 quency that occurs after the date that is 30 days after

23 the date on which the Attorney General certifies to Con24 gress and separately notifies Federal firearms licensees,

25 through publication in the Federal Register by the Sec-
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1 retary of the Treasury, that the records of such adjudica2 tions are routinely available in the national instant crimi3 nal background check system established under section

4 103(b) of the Brady Handgun Violence Prevention Act.

5 Subtitle F—Juvenile Access to

6 Certain Firearms

7 SEC. 851. PENALTIES FOR FIREARM VIOLATIONS INVOLV8 ING JUVENILES.

9 (a) PENALTIES FOR FIREARM VIOLATIONS BY JUVE10 NILES.—Section 924(a) of title 18, United States Code,

11 is amended—

12 (1) in paragraph (4), by striking ‘‘Whoever’’

13 and inserting ‘‘Except as provided in paragraph (6),

14 whoever’’; and

15 (2) by striking paragraph (6) and inserting the

16 following:

17 ‘‘(6) TRANSFER TO OR POSSESSION BY A JUVE18 NILE.—

19 ‘‘(A) DEFINITIONS OF VIOLENT FELONY.—

20 In this paragraph—

21 ‘‘(i) the term ‘juvenile’ has the meaning

22 given the term in section 922(x); and

23 ‘‘(ii) the term ‘violent felony’ has the

24 meaning given the term in subsection (e)(2)(B).

25 ‘‘(B) POSSESSION BY A JUVENILE.—
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1 ‘‘(i) IN GENERAL.—Subject to clauses

2 (ii) and (iii), a juvenile who violates section

3 922(x) shall be fined under this title, im4 prisoned not more than 5 years, or both.

5 ‘‘(ii) PROBATION.—Unless clause (iii)

6 applies and unless a juvenile fails to com7 ply with a condition of probation, the juve8 nile may be sentenced to probation on ap9 propriate conditions if—

10 ‘‘(I) the offense with which the

11 juvenile is charged is possession of a

12 handgun, ammunition, or semiauto13 matic assault weapon in violation of

14 section 922(x)(2); and

15 ‘‘(II) the juvenile has not been

16 convicted in any court of an offense

17 (including an offense under section

18 922(x) or a similar State law, but not

19 including any other offense consisting

20 of conduct that if engaged in by an

21 adult would not constitute an offense)

22 or adjudicated as a juvenile delinquent

23 for conduct that if engaged in by an

24 adult would constitute an offense.
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1 ‘‘(iii) SCHOOL ZONES.—A juvenile

2 shall be fined under this title, imprisoned

3 not more than 20 years, or both, if—

4 ‘‘(I) the offense of which the ju5 venile is charged is possession of a

6 handgun, ammunition, or semiauto7 matic assault weapon in violation of

8 section 922(x)(2); and

9 ‘‘(II) during the same course of

10 conduct in violating section 922(x)(2),

11 the juvenile violated section 922(q),

12 with the intent to carry or otherwise

13 possess or discharge or otherwise use

14 the handgun, ammunition, or semi15 automatic assault weapon in the com16 mission of a violent felony.

17 ‘‘(C) TRANSFER TO A JUVENILE.—A per18 son other than a juvenile who knowingly vio19 lates section 922(x)—

20 ‘‘(i) shall be fined under this title, im21 prisoned not less than 1 year and not more

22 than 5 years, or both; or

23 ‘‘(ii) if the person sold, delivered, or

24 otherwise transferred a handgun, ammuni25 tion, or semiautomatic assault weapon to a
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1 juvenile knowing or having reasonable

2 cause to know that the juvenile intended to

3 carry or otherwise possess or discharge or

4 otherwise use the handgun, ammunition, or

5 semiautomatic assault weapon in the com6 mission of a violent felony, shall be fined

7 under this title and imprisoned not less

8 than 10 and not more than 20 years.

9 ‘‘(D) CASES IN UNITED STATES DISTRICT

10 COURT.—Except as otherwise provided in this

11 chapter, in any case in which a juvenile is pros12 ecuted in a district court of the United States,

13 and the juvenile is subject to the penalties

14 under subparagraph (B)(iii), the juvenile shall

15 be subject to the same laws, rules, and pro16 ceedings regarding sentencing (including the

17 availability of probation, restitution, fines, for18 feiture, imprisonment, and supervised release)

19 that would be applicable in the case of an adult.

20 ‘‘(E) NO RELEASE AT AGE 18.—No juve21 nile sentenced to a term of imprisonment shall

22 be released from custody solely for the reason

23 that the juvenile has reached the age of 18

24 years.’’.
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1 (b) UNLAWFUL WEAPONS TRANSFERS TO JUVE2 NILES.—Section 922 of title 18, United States Code, is

3 amended by striking subsection (x) and inserting the fol4 lowing:

5 ‘‘(x) JUVENILES.—

6 ‘‘(1) DEFINITION OF JUVENILE.—In this sub7 section, the term ‘juvenile’ means a person who is

8 less than 18 years of age.

9 ‘‘(2) TRANSFER TO JUVENILES.—It shall be un10 lawful for a person to sell, deliver, or otherwise

11 transfer to a person who the transferor knows or has

12 reasonable cause to believe is a juvenile—

13 ‘‘(A) a handgun;

14 ‘‘(B) ammunition that is suitable for use

15 only in a handgun; or

16 ‘‘(C) a semiautomatic assault weapon.

17 ‘‘(3) POSSESSION BY A JUVENILE.—It shall be

18 unlawful for any person who is a juvenile to know19 ingly possess—

20 ‘‘(A) a handgun;

21 ‘‘(B) ammunition that is suitable for use

22 only in a handgun; or

23 ‘‘(C) a semiautomatic assault weapon.

24 ‘‘(4) APPLICABILITY.—
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1 ‘‘(A) IN GENERAL.—This subsection does

2 not apply to—

3 ‘‘(i) if the conditions stated in sub4 paragraph (B) are met, a temporary trans5 fer of a handgun, ammunition, or semi6 automatic assault weapon to a juvenile or

7 to the possession or use of a handgun, am8 munition, or semiautomatic assault weapon

9 by a juvenile if the handgun, ammunition,

10 or semiautomatic assault weapon is pos11 sessed and used by the juvenile—

12 ‘‘(I) in the course of employment;

13 ‘‘(II) in the course of ranching or

14 farming related to activities at the

15 residence of the juvenile (or on prop16 erty used for ranching or farming at

17 which the juvenile, with the permis18 sion of the property owner or lessee, is

19 performing activities related to the op20 eration of the farm or ranch);

21 ‘‘(III) for target practice;

22 ‘‘(IV) for hunting; or

23 ‘‘(V) for a course of instruction

24 in the safe and lawful use of a hand25 gun;
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1 ‘‘(ii) a juvenile who is a member of

2 the Armed Forces of the United States or

3 the National Guard who possesses or is

4 armed with a handgun, ammunition, or

5 semiautomatic assault weapon in the line

6 of duty;

7 ‘‘(iii) a transfer by inheritance of title

8 (but not possession) of handgun, ammuni9 tion, or semiautomatic assault weapon to a

10 juvenile; or

11 ‘‘(iv) the possession of a handgun,

12 ammunition, or semiautomatic assault

13 weapon taken in lawful defense of the juve14 nile or other persons against an intruder

15 into the residence of the juvenile or a resi16 dence in which the juvenile is an invited

17 guest.

18 ‘‘(B) TEMPORARY TRANSFERS.—Clause (i)

19 shall apply if—

20 ‘‘(i) the juvenile’s possession and use

21 of a handgun, ammunition, or semiauto22 matic assault weapon under this paragraph

23 are in accordance with State and local law;

24 and
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1 ‘‘(ii)(I)(aa) except when a parent or

2 guardian of the juvenile is in the imme3 diate and supervisory presence of the juve4 nile, the juvenile, at all times when a hand5 gun, ammunition, or semiautomatic assault

6 weapon is in the possession of the juvenile,

7 has in the juvenile’s possession the prior

8 written consent of the juvenile’s parent or

9 guardian who is not prohibited by Federal,

10 State, or local law from possessing a fire11 arm or ammunition; and

12 ‘‘(bb) during transportation by the ju13 venile directly from the place of transfer to

14 a place at which an activity described in

15 item (aa) is to take place, the firearm is

16 unloaded and in a locked container or case,

17 and during the transportation by the juve18 nile of the firearm, directly from the place

19 at which such an activity took place to the

20 transferor, the firearm is unloaded and in

21 a locked container or case; or

22 ‘‘(II) with respect to ranching or

23 farming activities as described in subpara24 graph (A)(i)(II)—
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1 ‘‘(aa) a juvenile possesses and

2 uses a handgun, ammunition, or semi3 automatic assault weapon with the

4 prior written approval of the juvenile’s

5 parent or legal guardian;

6 ‘‘(bb) the approval is on file with

7 an adult who is not prohibited by

8 Federal, State, or local law from pos9 sessing a firearm or ammunition; and

10 ‘‘(cc) the adult is directing the

11 ranching or farming activities of the

12 juvenile.

13 ‘‘(5) INNOCENT TRANSFERORS.—A handgun,

14 ammunition, or semiautomatic assault weapon, the

15 possession of which is transferred to a juvenile in

16 circumstances in which the transferor is not in viola17 tion under this subsection, shall not be subject to

18 permanent confiscation by the Government if its

19 possession by the juvenile subsequently becomes un20 lawful because of the conduct of the juvenile, but

21 shall be returned to the lawful owner when the

22 handgun, ammunition, or semiautomatic assault

23 weapon is no longer required by the Government for

24 the purposes of investigation or prosecution.
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1 ‘‘(6) ATTENDANCE BY PARENT OR LEGAL

2 GUARDIAN AS CRIMINAL PROCEEDINGS.—In a pros3 ecution of a violation of this subsection, the court—

4 ‘‘(A) shall require the presence of a juve5 nile defendant’s parent or legal guardian at all

6 proceedings;

7 ‘‘(B) may use the contempt power to en8 force subparagraph (A); and

9 ‘‘(C) may excuse attendance of a parent or

10 legal guardian of a juvenile defendant for good

11 cause.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect 180 days after the date of

14 enactment of this Act.

15 Subtitle G—General Firearm

16 Provisions

17 SEC. 861. NATIONAL INSTANT CRIMINAL BACKGROUND

18 CHECK SYSTEM IMPROVEMENTS.

19 (a) EXPEDITED ACTION BY THE ATTORNEY GEN20 ERAL.—

21 (1) IN GENERAL.—The Attorney General shall

22 expedite—

23 (A) not later than 90 days after the date

24 of enactment of this section, a study of the fea25 sibility of developing—
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1 ‘‘(i) a single fingerprint convicted of2 fender database in the Federal criminal

3 records system maintained by the Federal

4 Bureau of Investigation; and

5 (ii) procedures under which a licensed

6 firearm dealer may voluntarily transmit to

7 the National Instant Check System a sin8 gle digitalized fingerprint for prospective

9 firearms transferees;

10 (B) the provision of assistance to States,

11 under the Crime Identification Technology Act

12 of 1998 (112 Stat. 1871), in gaining access to

13 records in the National Instant Check System

14 disclosing the disposition of State criminal

15 cases; and

16 (C) development of a procedure for the col17 lection of data identifying persons that are pro18 hibited from possessing a firearm by section

19 922(g) of title 18, United States Code, includ20 ing persons adjudicated as a mental defective,

21 persons committed to a mental institution, and

22 persons subject to a domestic violence restrain23 ing order.
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1 (2) CONSIDERATIONS.—In developing proce2 dures under paragraph (1), the Attorney General

3 shall consider the privacy needs of individuals.

4 (b) COMPATIBILITY OF BALLISTICS INFORMATION

5 SYSTEMS.—The Attorney General and the Secretary of

6 the Treasury shall ensure the integration and interoper7 ability of ballistics identification systems maintained by

8 the Federal Bureau of Investigation and the Bureau of

9 Alcohol, Tobacco, and Firearms through the National In10 tegrated Ballistics Information Network.

11 (c) FORENSIC LABORATORY INSPECTION.—The At12 torney General shall provide financial assistance to the

13 American Academy of Forensic Science Laboratory Ac14 creditation Board to be used to facilitate forensic labora15 tory inspection activities.

16 (d) RELIEF FROM DISABILITY DATABASE.—Section

17 925(c) of title 18, United States Code, is amended—

18 (1) by striking ‘‘(c) A person’’ and inserting the

19 following:

20 ‘‘(c) RELIEF FROM DISABILITIES.—

21 ‘‘(1) IN GENERAL.—A person’’; and

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

23 ‘‘(2) DATABASE.—The Secretary shall establish

24 a database, accessible through the National Instant
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1 Check System, identifying persons who have been

2 granted relief from disability under paragraph (1).’’.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated for fiscal year 2000—

5 (1) to pay the costs of the Federal Bureau of

6 Investigation in operating the National Instant

7 Check System, $68,000,000;

8 (2) for payments to States that act as points of

9 contact for access to the National Instant Check

10 System, $40,000,000;

11 (3) to carry out subsection (a)(1), $40,000,000;

12 (4) to carry out subsection (a)(3), $25,000,000;

13 (5) to carry out subsection (b), $1,150,000; and

14 (6) to carry out subsection (c), $1,000,000.

15 (f) INCREASED AUTHORIZATION.—Section 102(e)(1)

16 of the Crime Identification Technology Act of 1998 (42

17 U.S.C. 14601(e)(1)) is amended by striking ‘‘this section’’

18 and all that follows and inserting ‘‘this section—

19 ‘‘(A) $250,000,000 for fiscal year 1999;

20 ‘‘(B) $350,000,000 for each of fiscal years

21 2000 through 2003.’’.
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1 TITLE IX—ENHANCED

2 PENALTIES

3 SEC. 901. STRAW PURCHASES.

4 (a) IN GENERAL.—Section 924(a) of title 18, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘(7)(A) Notwithstanding paragraph (2), who8 ever knowingly violates section 922(a)(6) for the

9 purpose of selling, delivering, or otherwise transfer10 ring a firearm, knowing or having reasonable cause

11 to know that another person will carry or otherwise

12 possess or discharge or otherwise use the firearm in

13 the commission of a violent felony, shall be—

14 ‘‘(i) fined under this title, imprisoned not

15 more than 15 years, or both; or

16 ‘‘(ii) imprisoned not less than 10 and not

17 more than 20 years and fined under this title,

18 if the procurement is for a juvenile.

19 ‘‘(B) In this paragraph—

20 ‘‘(i) the term ‘juvenile’ has the meaning

21 given the term in section 922(x); and

22 ‘‘(ii) the term ‘violent felony’ has the

23 meaning given the term in subsection

24 (e)(2)(B).’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall take effect 180 days after the date of

3 enactment of this Act.

4 SEC. 902. STOLEN FIREARMS.

5 (a) IN GENERAL.—Section 924 of title 18, United

6 States Code, is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (2), by striking ‘‘(i),

9 (j),’’; and

10 (B) by adding at the end the following:

11 ‘‘(8) Whoever knowingly violates subsection (i) or (j)

12 of section 922 shall be fined under this title, imprisoned

13 not more than 15 years, or both.’’;

14 (2) in subsection (i)(1), by striking by striking

15 ‘‘10 years, or both’’ and inserting ‘‘15 years, or

16 both’’; and

17 (3) in subsection (l), by striking ‘‘10 years, or

18 both’’ and inserting ‘‘15 years, or both’’.

19 (b) SENTENCING COMMISSION.—The United States

20 Sentencing Commission shall amend the Federal sen21 tencing guidelines to reflect the amendments made by sub22 section (a).
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1 SEC. 903. INCREASE IN PENALTIES FOR CRIMES INVOLVING

2 FIREARMS.

3 Section 924 of title 18, United States Code, is

4 amended—

5 (1) in subsection (c)(1)(A)—

6 (A) in clause (iii), by striking ‘‘10 years.’’

7 and inserting ‘‘12 years; and’’; and

8 (B) by adding at the end the following:

9 ‘‘(iv) if the firearm is used to injure

10 another person, be sentenced to a term of

11 imprisonment of not less than 15 years.’’;

12 and

13 (2) in subsection (h), by striking ‘‘imprisoned

14 not more than 10 years’’ and inserting ‘‘imprisoned

15 not less than 5 years and not more than 10 years’’.

16 SEC. 904. INCREASED PENALTIES FOR DISTRIBUTING

17 DRUGS TO MINORS.

18 Section 418 of the Controlled Substances Act (21

19 U.S.C. 859) is amended—

20 (1) in subsection (a), by striking ‘‘one year’’

21 and inserting ‘‘3 years’’; and

22 (2) in subsection (b), by striking ‘‘one year’’

23 and inserting ‘‘5 years’’.
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1 SEC. 905. 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’’

7 and inserting ‘‘3 years’’; and

8 (2) in subsection (b), by striking ‘‘three years’’

9 each place that term appears and inserting ‘‘5

10 years’’.

11 TITLE X—CHILD HANDGUN

12 SAFETY

13 SEC. 1001. SHORT TITLE.

14 This title may be cited as the ‘‘Safe Handgun Storage

15 and Child Handgun Safety Act of 1999’’.

16 SEC. 1002. PURPOSES.

17 The purposes of this title are as follows:

18 (1) To promote the safe storage and use of

19 handguns by consumers.

20 (2) To prevent unauthorized persons from gain21 ing access to or use of a handgun, including children

22 who may not be in possession of a handgun, unless

23 it is under one of the circumstances provided for in

24 the Youth Handgun Safety Act.

25 (3) To avoid hindering industry from supplying

26 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. 1003. 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

8 after 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 man12 ufacturer, licensed importer, or licensed dealer to

13 sell, deliver, or transfer any handgun to any person

14 other than any person licensed under the provisions

15 of this chapter, unless the transferee is provided

16 with a secure gun storage or safety device, as de17 scribed in section 921(a)(35) of this chapter, for

18 that handgun.

19 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

20 apply to the—

21 ‘‘(A)(i) manufacture for, transfer to, or

22 possession by, the United States or a State or

23 a department or agency of the United States, or

24 a State or a department, agency, or political

25 subdivision 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

5 or off duty); or

6 ‘‘(B) transfer to, or possession by, a rail

7 police 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

10 of 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

18 923(e): Provided, That the licensed manufac19 turer, licensed importer, or licensed dealer de20 livers to the transferee within 10 calendar days

21 from the date of the delivery of the handgun to

22 the transferee a secure gun storage or safety

23 device for the handgun.

24 ‘‘(3) LIABILITY FOR USE.—(A) Notwith25 standing any other provision of law, a person who
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1 has lawful possession and control of a handgun, and

2 who uses a secure gun storage or safety device with

3 the handgun, shall be entitled to immunity from a

4 civil liability action as described in this paragraph.

5 ‘‘(B) PROSPECTIVE ACTIONS.—A qualified civil

6 liability action may not be brought in any Federal

7 or State court. The term ‘qualified civil liability ac8 tion’ means a civil action brought by any person

9 against a person described in subparagraph (A) for

10 damages resulting from the criminal or unlawful

11 misuse of the 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,

2 United States Code, is amended—

3 (1) in subsection (a)(1), by striking ‘‘or (f)’’

4 and inserting ‘‘(f), or (p)’’; and

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

6 ‘‘(p) PENALTIES RELATING TO SECURE GUN STOR7 AGE OR SAFETY DEVICE.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) SUSPENSION OR REVOCATION OF LI10 CENSE; CIVIL PENALTIES.—With respect to

11 each violation of section 922(z)(1) by a licensed

12 manufacturer, licensed importer, or licensed

13 dealer, the Secretary may, after notice and op14 portunity 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 con18 duct the firearms transfer; or

19 ‘‘(ii) subject the licensee to a civil

20 penalty in an amount equal to not more

21 than $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 sus2 pension or revocation of a license or the imposition

3 of a civil penalty under paragraph (1) does not pre4 clude any administrative remedy that is otherwise

5 available 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

11 for any civil liability; or

12 (B) establish any standard of care.

13 (2) EVIDENCE.—Notwithstanding any other

14 provision of law, evidence regarding compliance or

15 noncompliance with the amendments made by this

16 title shall not be admissible as evidence in any pro17 ceeding of any court, agency, board, or other entity,

18 except with respect to an action to enforce para19 graphs (1) and (2) of section 922(z), or to give ef20 fect to paragraph (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. 1004. EFFECTIVE DATE.

2 This title and the amendments made by this title

3 shall take effect 180 days after the date of enactment of

4 this Act.

5 TITLE XI—SCHOOL SAFETY AND

6 VIOLENCE PREVENTION

7 SEC. 1101. SCHOOL SAFETY AND VIOLENCE PREVENTION.

8 Title XIV of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 8801 et seq.) is amended

10 by adding at the end the following:

11 ‘‘PART I—SCHOOL SAFETY AND VIOLENCE

12 PREVENTION

13 ‘‘SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

14 ‘‘Notwithstanding any other provision of titles IV and

15 VI, funds made available under such titles may be used

16 for—

17 ‘‘(1) training, including in-service training, for

18 school personnel (including custodians and bus driv19 ers), with respect to—

20 ‘‘(A) identification of potential threats,

21 such as illegal weapons and explosive devices;

22 ‘‘(B) crisis preparedness and intervention

23 procedures; and

24 ‘‘(C) emergency response;

25 ‘‘(2) training for parents, teachers, school per26 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 inter18 vention 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. 1102. 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

16 law enforcement to address incidents of school-based

17 violence; and

18 (6) evaluating current school violence preven19 tion 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. 1103. 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 amend4 ed 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 provi10 sion of law, funds provided under titles IV and VI may

11 be used for establishing a school uniform policy.’’.

12 SEC. 1104. 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 amend15 ed by adding after section 14603 (20 U.S.C. 8923) the

16 following:

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

22 nonpublic school, person, institution, or other entity, that

23 provides education below the college level.

24 ‘‘(b) DISCIPLINARY RECORDS.—Not later than 2

25 years after the date of enactment of the Violent and Re26 peat Juvenile Offender Accountability and Rehabilitation
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1 Act of 1999, each State receiving Federal funds under this

2 Act shall provide an assurance to the Secretary that the

3 State has a procedure in place to facilitate the transfer

4 of disciplinary records by local educational agencies to any

5 private or public elementary school or secondary school for

6 any student who is enrolled or seeks, intends, or is in7 structed to enroll, full-time or part-time, in the school.

8 SEC. 1105. 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

17 of data from students, schools, communities, par18 ents, law enforcement agencies, medical providers,

19 and others for use in efforts to improve school secu20 rity and 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. 1106. NATIONAL CHARACTER ACHIEVEMENT AWARD.

4 (a) PRESENTATION AUTHORIZED.—The President is

5 authorized to award to individuals under the age of 18,

6 on behalf of the Congress, a National Character Achieve7 ment Award, consisting of medal of appropriate design,

8 with ribbons and appurtenances, honoring those individ9 uals for distinguishing themselves as a model of good char10 acter.

11 (b) DESIGN AND STRIKING.—For the purposes of the

12 award referred to in subsection (a), the Secretary of the

13 Treasury shall design and strike a medal with suitable em14 blems, devices, and inscriptions, to be determined by the

15 Secretary.

16 (c) ELIGIBILITY.—

17 (1) IN GENERAL.—The President pro tempore

18 of the Senate and the Speaker of the House of Rep19 resentatives shall establish procedures for processing

20 recommendations to be forwarded to the President

21 for awarding National Character Achievement

22 Award under subsection (a).

23 (2) RECOMMENDATIONS BY SCHOOL PRIN24 CIPALS.—At a minimum, the recommendations re25 ferred to in paragraph (1) shall contain the endorse-
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1 ment of the principal (or equivalent official) of the

2 school in which the individual under the age of 18

3 is enrolled.

4 SEC. 1107. NATIONAL COMMISSION ON CHARACTER DEVEL5 OPMENT.

6 (a) ESTABLISHMENT.—There is established a com7 mission to be known as the National Commission on Char8 acter Development (referred to in this section as the

9 ‘‘Commission’’).

10 (b) MEMBERSHIP.—

11 (1) APPOINTING AUTHORITY.—The Commission

12 shall consist of 36 members, of whom—

13 (A) 12 shall be appointed by the President;

14 (B) 12 shall be appointed by the Speaker

15 of the House of Representatives; and

16 (C) 12 shall be appointed by the President

17 pro tempore of the Senate, on the recommenda18 tion of the majority and minority leaders of the

19 Senate.

20 (2) COMPOSITION.—The President, the Speaker

21 of the House of Representatives, and the President

22 pro tempore of the Senate shall each appoint as

23 members of the Commission—

24 (A) 1 parent;

25 (B) 1 student;
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1 (C) 2 representatives of the entertainment

2 industry (including the segments of the indus3 try relating to audio, video, and multimedia en4 tertainment);

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

11 cultural influences on child development and ju12 venile crime; and

13 (H) 1 representative of a grassroots orga14 nization engaged in community and child inter15 vention programs.

16 (3) PERIOD OF APPOINTMENT.—Members shall

17 be 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 origi20 nal 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

8 such interim reports relating to the study as

9 the Commission considers to be appropriate.

10 (B) FINAL REPORT.—Not later than 2

11 years after the date of the enactment of this

12 Act, the Commission shall submit a final report

13 to the President and Congress that shall con14 tain a detailed statement of the findings and

15 conclusions of the Commission resulting from

16 the study, together with recommendations for

17 such legislation and administrative actions as

18 the Commission 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

23 such hearings, sit and act at such times and places,

24 take such testimony, and receive such evidence as
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1 the Commission considers advisable to carry out the

2 purposes 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

7 provisions of this Act. Upon request of the Chair8 man of the Commission, the head of such depart9 ment or agency shall furnish such information to the

10 Commission.

11 (3) POSTAL SERVICES.—The Commission may

12 use the United States mails in the same manner and

13 under the same conditions as other departments and

14 agencies of the Federal Government.

15 (4) GIFTS.—The Commission may accept, use,

16 and dispose of gifts or donations of services or prop17 erty.

18 (f) COMMISSION PERSONNEL MATTERS.—

19 (1) TRAVEL EXPENSES.—The members of the

20 Commission shall not receive compensation for the

21 performance of services for the Commission, but

22 shall be allowed travel expenses, including per diem

23 in lieu of subsistence, at rates authorized for em24 ployees of agencies under subchapter I of chapter 57

25 of title 5, United States Code, while away from their
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1 homes or regular places of business in the perform2 ance of services for the Commission.

3 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

4 Any Federal Government employee may be detailed

5 to the Commission without reimbursement, and the

6 detail shall be without interruption or loss of civil

7 service status or privilege.

8 (g) PERMANENT COMMISSION.—Section 14 of the

9 Federal Advisory Committee Act (5 U.S.C. App.) shall not

10 apply to the Commission.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section

13 such sums as may be necessary for each of fiscal years

14 2000 and 2001.

15 SEC. 1108. JUVENILE ACCESS TO TREATMENT.

16 (a) COORDINATED JUVENILE SERVICES GRANTS.—

17 Title II of the Juvenile Justice and Delinquency Preven18 tion Act of 1974 (42 U.S.C. 5611 et seq.) is amended by

19 inserting 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

7 subsection (a) that receives a grant under this section

8 shall use the grant for the establishment and implementa9 tion of programs that address the service needs of adoles10 cents with substance abuse or mental health treatment

11 problems, including those who come into contact with the

12 justice system by 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

16 treatment providers, and State or local educational

17 entities and welfare agencies.

18 ‘‘(2) Appropriate screening and assessment of

19 juveniles.

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 ap9 propriate consultation with all affected agencies

10 and that there will be appropriate coordination

11 with all affected agencies in the implementation

12 of the program;

13 ‘‘(B) for the regular evaluation of the pro14 gram funded by the grant and describe the

15 methodology that will be used in evaluating the

16 program;

17 ‘‘(C) assurances that the proposed pro18 gram or activity will not supplant similar pro19 grams and activities currently available in the

20 community; 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

7 established with the grant on the date specified by the At8 torney General.

9 ‘‘(e) FUNDING.—Grants under this section shall be

10 considered an allowable use under section 205(a) and sub11 title B.’’.

12 SEC. 1109. 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)’’

19 before the semicolon; and

20 (2) in subparagraph (B)(i), by inserting ‘‘(in21 cluding an individual who seeks to be employed by

22 a school in any capacity, including as a child care

23 provider, a teacher, or another member of school

24 personnel)’’ before the semicolon.
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1 SEC. 1110. 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 Elemen5 tary and Secondary Education Act of 1965 (20 U.S.C.

6 7116(b)) is amended—

7 (1) in paragraph (9), by striking ‘‘and’’ after

8 the 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. 1111. SENSE OF THE SENATE.

20 It is the sense of the Senate that States receiving

21 Federal elementary and secondary education funding

22 should require local educational agencies to conduct, for

23 each of their employees (regardless of when hired) and

24 prospective employees, a nationwide background check for

25 the purpose of determining whether the employee has been

26 convicted of a crime that bears upon his fitness to have
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1 responsibility for the safety or well-being of children, to

2 serve in the particular capacity in which he is (or is to

3 be) employed, or otherwise to be employed at all thereby.

4 TITLE XII—TEACHER LIABILITY

5 PROTECTION ACT

6 SEC. 1201. SHORT TITLE.

7 This title may be cited as the ‘‘Teacher Liability Pro8 tection Act of 1999’’.

9 SEC. 1202. FINDINGS AND PURPOSE.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) The ability of teachers, principals and other

13 school professionals to teach, inspire and shape the

14 intellect of our Nation’s elementary and secondary

15 school students is deterred and hindered by frivolous

16 lawsuits and litigation.

17 (2) Each year more and more teachers, prin18 cipals and other school professionals face lawsuits

19 for actions undertaken as part of their duties to pro20 vide millions of school children quality educational

21 opportunities.

22 (3) Too many teachers, principals and other

23 school professionals face increasingly severe and ran24 dom acts of violence in the classroom and in schools.
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1 (4) Providing teachers, principals and other

2 school professionals a safe and secure environment is

3 an important part of the effort to improve and ex4 pand educational opportunities.

5 (5) Clarifying and limiting the liability of teach6 ers, principals and other school professionals who

7 undertake reasonable actions to maintain order, dis8 cipline and an appropriate educational environment

9 is an appropriate subject of Federal legislation

10 because—

11 (A) the national scope of the problems cre12 ated by the legitimate fears of teachers, prin13 cipals and other school professionals about friv14 olous, arbitrary or capricious lawsuits against

15 teachers; and

16 (B) millions of children and their families

17 across the Nation depend on teachers, prin18 cipals and other school professionals for the in19 tellectual development of the children.

20 (b) PURPOSE.—The purpose of this title is to provide

21 teachers, principals and other school professionals the

22 tools they need to undertake reasonable actions to main23 tain order, discipline and an appropriate educational envi24 ronment.
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1 SEC. 1203. PREEMPTION AND ELECTION OF STATE NON2 APPLICABILITY.

3 (a) PREEMPTION.—This title preempts the laws of

4 any State to the extent that such laws are inconsistent

5 with this title, except that this title shall not preempt any

6 State law that provides additional protection from liability

7 relating 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 ac12 cordance with State requirements for enacting

13 legislation—

14 (1) citing the authority of this subsection;

15 (2) declaring the election of such State that this

16 title shall not apply, as of a date certain, to such

17 civil action in the State; and

18 (3) containing no other provisions.

19 SEC. 1204. LIMITATION ON LIABILITY FOR TEACHERS.

20 (a) LIABILITY PROTECTION FOR TEACHERS.—Ex21 cept as provided in subsections (b) and (d), no teacher

22 in a school shall be liable for harm caused by an act or

23 omission of the teacher on behalf of the school if—

24 (1) the teacher was acting within the scope of

25 the teacher’s employment or responsibilities related

26 to providing educational services;
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1 (2) the actions of the teacher were carried out

2 in conformity with local, state, or federal laws, rules

3 or regulations in furtherance of efforts to control,

4 discipline, expel, or suspend a student or maintain

5 order 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 mis14 conduct, or a conscious, flagrant indifference to the

15 rights or safety of the individual harmed by the

16 teacher; and

17 (5) the harm was not caused by the teacher op18 erating a motor vehicle, vessel, aircraft, or other ve19 hicle for which the State requires the operator or the

20 owner of the vehicle, craft, or vessel to—

21 (A) possess an operator’s license; or

22 (B) maintain insurance.

23 (b) CONCERNING RESPONSIBILITY OF TEACHERS TO

24 SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in

25 this section shall be construed to affect any civil action
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1 brought by any school or any governmental entity against

2 any teacher of such school.

3 (c) NO EFFECT ON LIABILITY OF SCHOOL OR GOV4 ERNMENTAL ENTITY.—Nothing in this section shall be

5 construed to affect the liability of any school or govern6 mental 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 gov12 ernmental entity to adhere to risk management pro13 cedures, including mandatory training of teachers.

14 (2) A State law that makes the school or gov15 ernmental entity liable for the acts or omissions of

16 its teachers to the same extent as an employer is lia17 ble 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

21 to State or local law.

22 (e) LIMITATION ON PUNITIVE DAMAGES BASED ON

23 THE ACTIONS OF TEACHERS.—

24 (1) GENERAL RULE.—Punitive damages may

25 not be awarded against a teacher in an action
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1 brought for harm based on the action of a teacher

2 acting within the scope of the teacher’s responsibil3 ities to a school or governmental entity unless the

4 claimant establishes by clear and convincing evidence

5 that the harm was proximately caused by an action

6 of such teacher which constitutes willful or criminal

7 misconduct, or a conscious, flagrant indifference to

8 the rights or safety 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

17 any 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

21 (as that term is defined in section 2331 of title

22 18, United States Code) for which the defend23 ant has 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

3 has 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

13 (a)(3) or (e).

14 SEC. 1205. 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 gov18 ernmental entity, the liability of the teacher for non19 economic loss shall be determined in accordance with sub20 section (b).

21 (b) AMOUNT OF LIABILITY.—

22 (1) IN GENERAL.—Each defendant who is a

23 teacher, shall be liable only for the amount of non24 economic loss allocated to that defendant in direct

25 proportion to the percentage of responsibility of that
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1 defendant (determined in accordance with paragraph

2 (2)) for the harm to the claimant with respect to

3 which that defendant is liable. The court shall

4 render a separate judgment against each defendant

5 in an amount determined pursuant to the preceding

6 sentence.

7 (2) PERCENTAGE OF RESPONSIBILITY.—For

8 purposes of determining the amount of noneconomic

9 loss allocated to a defendant who is a teacher under

10 this section, the trier of fact shall determine the per11 centage of responsibility of that defendant for the

12 claimant’s harm.

13 SEC. 1206. DEFINITIONS.

14 For purposes of this title:

15 (1) ECONOMIC LOSS.—The term ‘‘economic

16 loss’’ means any pecuniary loss resulting from harm

17 (including the loss of earnings or other benefits re18 lated to employment, medical expense loss, replace19 ment services loss, loss due to death, burial costs,

20 and loss of business or employment opportunities) to

21 the extent recovery for such loss is allowed under ap22 plicable State law.

23 (2) HARM.—The term ‘‘harm’’ includes phys24 ical, nonphysical, economic, and noneconomic losses.
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1 (3) NONECONOMIC LOSSES.—The term ‘‘non2 economic losses’’ means losses for physical and emo3 tional pain, suffering, inconvenience, physical im4 pairment, mental anguish, disfigurement, loss of en5 joyment of life, loss of society and companionship,

6 loss of consortium (other than loss of domestic serv7 ice), hedonic damages, injury to reputation and all

8 other nonpecuniary losses of any kind or nature.

9 (4) SCHOOL.—The term ‘‘school’’ means a pub10 lic or private kindergarten, a public or private ele11 mentary school or secondary school (as defined in

12 section 14101 of the Elementary and Secondary

13 Education Act of 1965 (20 U.S.C. 8801)), or a

14 home school.

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

16 the several States of the United States, the District

17 of Columbia, the Commonwealth of Puerto Rico, the

18 United States Virgin Islands, Guam, American

19 Samoa, the Commonwealth of the Northern Mariana

20 Islands, any other territory or possession of the

21 United States, or any political subdivision of any

22 such State, territory, or possession.

23 (6) TEACHER.—The term ‘‘teacher’’ means a

24 teacher, instructor, principal, administrator, or other

25 educational professional, that works in a school.
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1 SEC. 1207. EFFECTIVE DATE.

2 (a) IN GENERAL.—This title shall take effect 90 days

3 after the date of enactment of this Act.

4 (b) APPLICATION.—This title applies to any claim for

5 harm caused by an act or omission of a teacher where

6 that claim is filed on or after the effective date of this

7 Act, without regard to whether the harm that is the sub8 ject of the claim or the conduct that caused the harm oc9 curred before such effective date.

10 TITLE XIII—VIOLENCE PREVEN11 TION TRAINING FOR EARLY

12 CHILDHOOD EDUCATORS

13 SEC. 1301. SHORT TITLE.

14 This title may be cited as the ‘‘Violence Prevention

15 Training for Early Childhood Educators Act’’.

16 SEC. 1302. PURPOSE.

17 The purpose of this title is to provide grants to insti18 tutions that carry out early childhood education training

19 programs to enable the institutions to include violence pre20 vention training as part of the preparation of individuals

21 pursuing careers in early childhood development and edu22 cation.

23 SEC. 1303. FINDINGS.

24 Congress makes the following findings:

25 (1) Aggressive behavior in early childhood is the

26 single best predictor of aggression in later life.
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1 (2) Aggressive and defiant behavior predictive

2 of later delinquency is increasing among our Na3 tion’s youngest children. Without prevention efforts,

4 higher percentages of juveniles are likely to become

5 violent juvenile offenders.

6 (3) Research has demonstrated that aggression

7 is primarily a learned behavior that develops through

8 observation, imitation, and direct experience. There9 fore, children who experience violence as victims or

10 as witnesses are at increased risk of becoming vio11 lent themselves.

12 (4) In a study at a Boston city hospital, 1 out

13 of every 10 children seen in the primary care clinic

14 had witnessed a shooting or a stabbing before the

15 age of 6, with 50 percent of the children witnessing

16 in the home and 50 percent of the children wit17 nessing in the streets.

18 (5) A study in New York found that children

19 who had been victims of violence within their fami20 lies were 24 percent more likely to report violent be21 havior as adolescents, and adolescents who had

22 grown up in families where partner violence occurred

23 were 21 percent more likely to report violent delin24 quency than individuals not exposed to violence.
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1 (6) Aggression can become well-learned and dif2 ficult to change by the time a child reaches adoles3 cence. Early childhood offers a critical period for

4 overcoming risk for violent behavior and providing

5 support for prosocial behavior.

6 (7) Violence prevention programs for very

7 young children yield economic benefits. By providing

8 health and stability to the individual child and the

9 child’s family, the programs may reduce expendi10 tures for medical care, special education, and in11 volvement with the judicial system.

12 (8) Primary prevention can be effective. When

13 preschool teachers teach young children inter14 personal problem-solving skills and other forms of

15 conflict resolution, children are less likely to dem16 onstrate problem behaviors.

17 (9) There is evidence that family support pro18 grams in families with children from birth through

19 5 years of age are effective in preventing delin20 quency.

21 SEC. 1304. DEFINITIONS.

22 In this title:

23 (1) AT-RISK CHILD.—The term ‘‘at-risk child’’

24 means a child who has been affected by violence
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1 through direct exposure to child abuse, other domes2 tic violence, or violence in the community.

3 (2) EARLY CHILDHOOD EDUCATION TRAINING

4 PROGRAM.—The term ‘‘early childhood education

5 training program’’ means a program that—

6 (A)(i) trains individuals to work with

7 young children in early child development pro8 grams or elementary schools; or

9 (ii) provides professional development to

10 individuals working in early child development

11 programs or elementary schools;

12 (B) provides training to become an early

13 childhood education teacher, an elementary

14 school teacher, a school counselor, or a child

15 care provider; and

16 (C) leads to a bachelor’s degree or an asso17 ciate’s degree, a certificate for working with

18 young children (such as a Child Development

19 Associate’s degree or an equivalent credential),

20 or, in the case of an individual with such a de21 gree, certificate, or credential, provides profes22 sional development.

23 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen24 tary school’’ has the meaning given the term in sec-
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1 tion 14101 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 8801).

3 (4) VIOLENCE PREVENTION.—The term ‘‘vio4 lence prevention’’ means—

5 (A) preventing violent behavior in children;

6 (B) identifying and preventing violent be7 havior in at-risk children; or

8 (C) identifying and ameliorating violent be9 havior in children who act out violently.

10 SEC. 1305. PROGRAM AUTHORIZED.

11 (a) GRANT AUTHORITY.—The Secretary of Edu12 cation is authorized to award grants to institutions that

13 carry out early childhood education training programs and

14 have applications approved under section 1306 to enable

15 the institutions to provide violence prevention training as

16 part of the early childhood education training program.

17 (b) AMOUNT.—The Secretary of Education shall

18 award a grant under this title in an amount that is not

19 less than $500,000 and not more than $1,000,000.

20 (c) DURATION.—The Secretary of Education shall

21 award a grant under this title for a period of not less than

22 3 years and not more than 5 years.

23 SEC. 1306. APPLICATION.

24 (a) APPLICATION REQUIRED.—Each institution de25 siring a grant under this title shall submit to the Secretary
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1 of Education an application at such time, in such manner,

2 and accompanied by such information as the Secretary of

3 Education may require.

4 (b) CONTENTS.—Each application shall—

5 (1) describe the violence prevention training ac6 tivities and services for which assistance is sought;

7 (2) contain a comprehensive plan for the activi8 ties and services, including a description of—

9 (A) the goals of the violence prevention

10 training program;

11 (B) the curriculum and training that will

12 prepare students for careers which are de13 scribed in the plan;

14 (C) the recruitment, retention, and train15 ing of students;

16 (D) the methods used to help students find

17 employment in their fields;

18 (E) the methods for assessing the success

19 of the violence prevention training program;

20 and

21 (F) the sources of financial aid for quali22 fied students;

23 (3) contain an assurance that the institution

24 has the capacity to implement the plan; and
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1 (4) contain an assurance that the plan was de2 veloped in consultation with agencies and organiza3 tions that will assist the institution in carrying out

4 the plan.

5 SEC. 1307. SELECTION PRIORITIES.

6 The Secretary of Education shall give priority to

7 awarding grants to institutions carrying out violence pre8 vention programs that include 1 or more of the following

9 components:

10 (1) Preparation to engage in family support

11 (such as parent education, service referral, and lit12 eracy training).

13 (2) Preparation to engage in community out14 reach or collaboration with other services in the com15 munity.

16 (3) Preparation to use conflict resolution train17 ing with children.

18 (4) Preparation to work in economically dis19 advantaged communities.

20 (5) Recruitment of economically disadvantaged

21 students.

22 (6) Carrying out programs of demonstrated ef23 fectiveness in the type of training for which assist24 ance is sought, including programs funded under
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1 section 596 of the Higher Education Act of 1965 (as

2 such section was in effect prior to October 7, 1998).

3 SEC. 1308. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to carry out

5 this title $15,000,000 for each of the fiscal years 2000

6 through 2004.

7 TITLE XIV—PREVENTING JUVE8 NILE DELINQUENCY

9 THROUGH CHARACTER EDU10 CATION

11 SEC. 1401. PURPOSE.

12 The purpose of this title is to support the work of

13 community-based organizations, local educational agen14 cies, and schools in providing children and youth with al15 ternatives to delinquency through strong school-based and

16 after school programs that—

17 (1) are organized around character education;

18 (2) reduce delinquency, school discipline prob19 lems, and truancy; and

20 (3) improve student achievement, overall school

21 performance, and youths’ positive involvement in

22 their community.

23 SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There are authorized to be

25 appropriated—
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1 (1) $15,000,000 for fiscal year 2000, and such

2 sums as may be necessary for each of the 4 suc3 ceeding fiscal years, to carry out school-based pro4 grams under section 1403; and

5 (2) $10,000,000 for fiscal year 2000, and such

6 sums as may be necessary for each of the 4 suc7 ceeding fiscal years, to carry out the after school

8 programs under section 1404.

9 (b) SOURCE OF FUNDING.—Amounts authorized to

10 be appropriated pursuant to this section may be derived

11 from the Violent Crime Reduction Trust Fund.

12 SEC. 1403. SCHOOL-BASED PROGRAMS.

13 (a) IN GENERAL.—The Secretary, in consultation

14 with the Attorney General, is authorized to award grants

15 to schools, or local educational agencies that enter into

16 a partnership with a school, to support the development

17 of character education programs in the schools in order

18 to—

19 (1) reduce delinquency, school discipline prob20 lems, and truancy; and

21 (2) improve student achievement, overall school

22 performance, and youths’ positive involvement in

23 their community.

24 (b) APPLICATIONS.—Each school or local educational

25 agency desiring a grant under this section shall submit
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1 an application to the Secretary at such time and in such

2 manner as the Secretary may require.

3 (1) CONTENTS.—Each application shall

4 include—

5 (A) a description of the community to be

6 served and the needs that will be met with the

7 program in that community;

8 (B) a description of how the program will

9 reach youth at-risk of delinquency;

10 (C) a description of the activities to be as11 sisted, including—

12 (i) how parents, teachers, students,

13 and other members of the community will

14 be involved in the design and implementa15 tion of the program;

16 (ii) the character education program

17 to be implemented, including methods of

18 teacher training and parent education that

19 will be used or developed; and

20 (iii) how the program will coordinate

21 activities assisted under this section with

22 other youth serving activities in the larger

23 community;

24 (D) a description of the goals of the pro25 gram;
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1 (E) a description of how progress toward

2 the goals, and toward meeting the purposes of

3 this title, will be measured; and

4 (F) an assurance that the school or local

5 educational agency will provide the Secretary

6 with information regarding the program and

7 the effectiveness of the program.

8 SEC. 1404. AFTER SCHOOL PROGRAMS.

9 (a) IN GENERAL.—The Secretary, in consultation

10 with the Attorney General, is authorized to award grants

11 to community-based organizations to enable the organiza12 tions to provide youth with alternative activities, in the

13 after school or out of school hours, that include a strong

14 character education component.

15 (b) ELIGIBLE COMMUNITY-BASED ORGANIZA16 TIONS.—The Secretary only shall award a grant under

17 this section to a community-based organization that has

18 a demonstrated capacity to provide after school or out of

19 school programs to youth, including youth serving organi20 zations, businesses, and other community groups.

21 (c) APPLICATIONS.—Each community-based organi22 zation desiring a grant under this section shall submit an

23 application to the Secretary at such time and in such man24 ner as the Secretary may require. Each application shall

25 include—
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1 (1) a description of the community to be served

2 and the needs that will be met with the program in

3 that community;

4 (2) a description of how the program will iden5 tify and recruit at-risk youth for participation in the

6 program, and will provide continuing support for

7 their participation;

8 (3) a description of the activities to be assisted,

9 including—

10 (A) how parents, students, and other mem11 bers of the community will be involved in the

12 design and implementation of the program;

13 (B) how character education will be incor14 porated into the program; and

15 (C) how the program will coordinate activi16 ties assisted under this section with activities of

17 schools and other community-based organiza18 tions;

19 (4) a description of the goals of the program;

20 (5) a description of how progress toward the

21 goals, and toward meeting the purposes of this title,

22 will be measured; and

23 (6) an assurance that the community-based or24 ganization will provide the Secretary with informa-
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1 tion regarding the program and the effectiveness of

2 the program.

3 SEC. 1405. GENERAL PROVISIONS.

4 (a) DURATION.—Each grant under this title shall be

5 awarded for a period of not to exceed 5 years.

6 (b) PLANNING.—A school, local educational agency

7 or community-based organization may use grant funds

8 provided under this title for not more than 1 year for the

9 planning and design of the program to be assisted.

10 (c) SELECTION OF GRANTEES.—

11 (1) CRITERIA.—The Secretary, in consultation

12 with the Attorney General, shall select, through a

13 peer review process, community-based organizations,

14 schools, and local educational agencies to receive

15 grants under this title on the basis of the quality of

16 the applications submitted and taking into consider17 ation such factors as—

18 (A) the quality of the activities to be as19 sisted;

20 (B) the extent to which the program fos21 ters in youth the elements of character and

22 reaches youth at-risk of delinquency;

23 (C) the quality of the plan for measuring

24 and assessing the success of the program;
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1 (D) the likelihood the goals of the program

2 will be realistically achieved;

3 (E) the experience of the applicant in pro4 viding similar services; and

5 (F) the coordination of the program with

6 larger community efforts in character edu7 cation.

8 (2) DIVERSITY OF PROJECTS.—The Secretary

9 shall approve applications under this title in a man10 ner that ensures, to the extent practicable, that pro11 grams assisted under this title serve different areas

12 of the United States, including urban, suburban and

13 rural areas, and serve at-risk populations.

14 (d) USE OF FUNDS.—Grant funds under this title

15 shall be used to support the work of community-based or16 ganizations, schools, or local educational agencies in pro17 viding children and youth with alternatives to delinquency

18 through strong school-based, after school, or out of school

19 programs that—

20 (1) are organized around character education;

21 (2) reduce delinquency, school discipline prob22 lems, and truancy; and

23 (3) improve student achievement, overall school

24 performance, and youths’ positive involvement in

25 their community.
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1 (d) DEFINITIONS.—

2 (1) IN GENERAL.—The terms used in this Act

3 have the meanings given the terms in section 14101

4 of the Elementary and Secondary Education Act of

5 1965 (20 U.S.C. 8801).

6 (2) CHARACTER EDUCATION.—The term ‘‘char7 acter education’’ means an organized educational

8 program that works to reinforce core elements of

9 character, including caring, civic virtue and citizen10 ship, justice and fairness, respect, responsibility, and

11 trustworthiness.

12 (3) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of Education.

14 TITLE XV—VIOLENT OFFENDER

15 DNA IDENTIFICATION ACT OF

16 1999

17 SEC. 1501. SHORT TITLE.

18 This title may be cited as the ‘‘Violent Offender DNA

19 Identification Act of 1999’’.

20 SEC. 1502. ELIMINATION OF CONVICTED OFFENDER DNA

21 BACKLOG.

22 (a) DEVELOPMENT OF PLAN.—

23 (1) IN GENERAL.—Not later than 45 days after

24 the date of enactment of this Act, the Director of

25 the Federal Bureau of Investigation, in coordination
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1 with the Assistant Attorney General of the Office of

2 Justice Programs at the Department of Justice, and

3 after consultation with representatives of State and

4 local forensic laboratories, shall develop a voluntary

5 plan to assist State and local forensic laboratories in

6 performing DNA analyses of DNA samples collected

7 from convicted offenders.

8 (2) OBJECTIVE.—The objective of the plan de9 veloped under paragraph (1) shall be to effectively

10 eliminate the backlog of convicted offender DNA

11 samples awaiting analysis in State or local forensic

12 laboratory storage, including samples that need to be

13 reanalyzed using upgraded methods, in an efficient,

14 expeditious manner that will provide for their entry

15 into the Combined DNA Indexing System (CODIS).

16 (b) PLAN CONDITIONS.—The plan developed under

17 subsection (a) shall—

18 (1) require that each laboratory performing

19 DNA analyses satisfy quality assurance standards

20 and utilize state-of-the-art testing methods, as set

21 forth by the Director of the Federal Bureau of In22 vestigation, in coordination with the Assistant Attor23 ney General of the Office of Justice Programs of the

24 Department of Justice; and
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1 (2) require that each DNA sample collected and

2 analyzed be accessible only—

3 (A) to criminal justice agencies for law en4 forcement identification purposes;

5 (B) in judicial proceedings, if otherwise ad6 missible pursuant to applicable statutes or

7 rules;

8 (C) for criminal defense purposes, to a de9 fendant, who shall have access to samples and

10 analyses performed in connection with the case

11 in which such defendant is charged; or

12 (D) if personally identifiable information is

13 removed, for a population statistics database,

14 for identification research and protocol develop15 ment purposes, or for quality control purposes.

16 (c) IMPLEMENTATION OF PLAN.—Subject to the

17 availability of appropriations under subsection (d), the Di18 rector of the Federal Bureau of Investigation, in coordina19 tion with the Assistant Attorney General of the Office of

20 Justice Programs at the Department of Justice, shall im21 plement the plan developed pursuant to subsection (a)

22 with State and local forensic laboratories that elect to par23 ticipate.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Department of
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1 Justice to carry out this section $15,000,000 for each of

2 fiscal years 2000 and 2001.

3 SEC. 1503. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF

4 COLUMBIA, AND MILITARY VIOLENT OFFEND5 ERS.

6 (a) EXPANSION OF DNA IDENTIFICATION INDEX.—

7 Section 811(a)(2) of the Antiterrorism and Effective

8 Death Penalty Act of 1996 (28 U.S.C. 531 note) is

9 amended to read as follows:

10 ‘‘(2) the Director of the Federal Bureau of In11 vestigation shall expand the combined DNA Identi12 fication System (CODIS) to include information on

13 DNA identification records and analyses related to

14 criminal offenses and acts of juvenile delinquency

15 under Federal law, the Uniform Code of Military

16 Justice, and the District of Columbia Code, in ac17 cordance with section 210304 of the Violent Crime

18 Control and Law Enforcement Act of 1994 (42

19 U.S.C. 14132).’’.

20 (b) INDEX TO FACILITATE LAW ENFORCEMENT EX21 CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec22 tion 210304 of the Violent Crime Control and Law En23 forcement Act of 1994 (42 U.S.C. 14132) is amended—

24 (1) in subsection (a)(1), by striking ‘‘persons

25 convicted of crimes’’ and inserting ‘‘individuals con-
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1 victed of criminal offenses or adjudicated delinquent

2 for acts of juvenile delinquency, including qualifying

3 offenses (as defined in subsection (d)(1))’’;

4 (2) in subsection (b)(2), by striking ‘‘, at reg5 ular intervals of not to exceed 180 days,’’ and insert6 ing ‘‘semiannual’’; and

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

8 ‘‘(d) INCLUSION OF DNA INFORMATION RELATING

9 TO VIOLENT OFFENDERS.—

10 ‘‘(1) DEFINITIONS.—In this subsection—

11 ‘‘(A) the term ‘crime of violence’ has the

12 meaning given such term in section 924(c)(3) of

13 title 18, United States Code; and

14 ‘‘(B) the term ‘qualifying offense’ means a

15 criminal offense or act of juvenile delinquency

16 included on the list established by the Director

17 of the Federal Bureau of Investigation under

18 paragraph (2)(A)(i).

19 ‘‘(2) REGULATIONS.—

20 ‘‘(A) IN GENERAL.—Not later than 90

21 days after the date of enactment of this sub22 section, and at the discretion of the Director

23 thereafter, the Director of the Federal Bureau

24 of Investigation, in consultation with the Direc25 tor of the Bureau of Prisons, the Director of
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1 the Court Services and Offender Supervision

2 Agency for the District of Columbia or the

3 Trustee appointed under section 11232(a) of

4 the Balanced Budget Act of 1997 (as appro5 priate), and the Chief of Police of the Metro6 politan Police Department of the District of Co7 lumbia, shall by regulation establish—

8 ‘‘(i) a list of qualifying offenses; and

9 ‘‘(ii) standards and procedures for—

10 ‘‘(I) the analysis of DNA samples

11 collected from individuals convicted of

12 or adjudicated delinquent for a quali13 fying offense;

14 ‘‘(II) the inclusion in the index

15 established by this section of the DNA

16 identification records and DNA anal17 yses relating to the DNA samples de18 scribed in subclause (I); and

19 ‘‘(III) with respect to juveniles,

20 the expungement of DNA identifica21 tion records and DNA analyses de22 scribed in subclause (II) from the

23 index established by this section in

24 any circumstance in which the under-
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1 lying adjudication for the qualifying

2 offense has been expunged.

3 ‘‘(B) OFFENSES INCLUDED.—The list es4 tablished under subparagraph (A)(i) shall

5 include—

6 ‘‘(i) each criminal offense or act of ju7 venile delinquency under Federal law

8 that—

9 ‘‘(I) constitutes a crime of vio10 lence; or

11 ‘‘(II) in the case of an act of ju12 venile delinquency, would, if com13 mitted by an adult, constitute a crime

14 of violence;

15 ‘‘(ii) each criminal offense under the

16 District of Columbia Code that constitutes

17 a crime of violence; and

18 ‘‘(iii) any other felony offense under

19 Federal law or the District of Columbia

20 Code, as determined by the Director of the

21 Federal Bureau of Investigation.

22 ‘‘(3) FEDERAL OFFENDERS.—

23 ‘‘(A) COLLECTION OF SAMPLES FROM FED24 ERAL PRISONERS.—
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1 ‘‘(i) IN GENERAL.—Beginning 180

2 days after the date of enactment of this

3 subsection, the Director of the Bureau of

4 Prisons shall collect a DNA sample from

5 each individual in the custody of the Bu6 reau of Prisons who, before or after this

7 subsection takes effect, has been convicted

8 of or adjudicated delinquent for a quali9 fying offense.

10 ‘‘(ii) TIME AND MANNER.—The Direc11 tor of the Bureau of Prisons shall specify

12 the time and manner of collection of DNA

13 samples under this subparagraph.

14 ‘‘(B) COLLECTION OF SAMPLES FROM

15 FEDERAL OFFENDERS ON SUPERVISED RE16 LEASE, PAROLE, OR PROBATION.—

17 ‘‘(i) IN GENERAL.—Beginning 180

18 days after the date of enactment of this

19 subsection, the agency responsible for the

20 supervision under Federal law of an indi21 vidual on supervised release, parole, or pro22 bation (other than an individual described

23 in paragraph (4)(B)(i)) shall collect a

24 DNA sample from each individual who has,

25 before or after this subsection takes effect,
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1 been convicted of or adjudicated delinquent

2 for a qualifying offense.

3 ‘‘(ii) TIME AND MANNER.—The Direc4 tor of the Administrative Office of the

5 United States Courts shall specify the time

6 and manner of collection of DNA samples

7 under this subparagraph.

8 ‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—

9 ‘‘(A) OFFENDERS IN CUSTODY OF DIS10 TRICT OF COLUMBIA.—

11 ‘‘(i) IN GENERAL.—The Government

12 of the District of Columbia may—

13 ‘‘(I) identify 1 or more categories

14 of individuals who are in the custody

15 of, or under supervision by, the Dis16 trict of Columbia, from whom DNA

17 samples should be collected; and

18 ‘‘(II) collect a DNA sample from

19 each individual in any category identi20 fied under clause (i).

21 ‘‘(ii) DEFINITION.—In this subpara22 graph, the term ‘individuals in the custody

23 of, or under supervision by, the District of

24 Columbia’—
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1 ‘‘(I) includes any individual in

2 the custody of, or under supervision

3 by, any agency of the Government of

4 the District of Columbia; and

5 ‘‘(II) does not include an indi6 vidual who is under the supervision of

7 the Director of the Court Services and

8 Offender Supervision Agency for the

9 District of Columbia or the Trustee

10 appointed under section 11232(a) of

11 the Balanced Budget Act of 1997.

12 ‘‘(B) OFFENDERS ON SUPERVISED RE13 LEASE, PROBATION, OR PAROLE.—

14 ‘‘(i) IN GENERAL.—Beginning 180

15 days after the date of enactment of this

16 subsection, the Director of the Court Serv17 ices and Offender Supervision Agency for

18 the District of Columbia, or the Trustee

19 appointed under section 11232(a) of the

20 Balanced Budget Act of 1997, as appro21 priate, shall collect a DNA sample from

22 each individual under the supervision of

23 the Agency or Trustee, respectively, who is

24 on supervised release, parole, or probation

25 and who has, before or after this sub-
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1 section takes effect, been convicted of or

2 adjudicated delinquent for a qualifying of3 fense.

4 ‘‘(ii) TIME AND MANNER.—The Direc5 tor or the Trustee, as appropriate, shall

6 specify the time and manner of collection

7 of DNA samples under this subparagraph.

8 ‘‘(5) WAIVER; COLLECTION PROCEDURES.—

9 Notwithstanding any other provision of this sub10 section, a person or agency responsible for the col11 lection of DNA samples under this subsection may—

12 ‘‘(A) waive the collection of a DNA sample

13 from an individual under this subsection if an14 other person or agency has collected such a

15 sample from the individual under this sub16 section or subsection (e); and

17 ‘‘(B) use or authorize the use of such

18 means as are necessary to restrain and collect

19 a DNA sample from an individual who refuses

20 to cooperate in the collection of the sample.

21 ‘‘(e) INCLUSION OF DNA INFORMATION RELATING

22 TO VIOLENT MILITARY OFFENDERS.—

23 ‘‘(1) IN GENERAL.—Not later than 120 days

24 after the date of enactment of this subsection, the
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1 Secretary of Defense shall prescribe regulations

2 that—

3 ‘‘(A) specify categories of conduct punish4 able under the Uniform Code of Military Jus5 tice (referred to in this subsection as ‘qualifying

6 military offenses’) that are comparable to quali7 fying offenses (as defined in subsection (d)(1));

8 and

9 ‘‘(B) set forth standards and procedures

10 for—

11 ‘‘(i) the analysis of DNA samples col12 lected from individuals convicted of a

13 qualifying military offense; and

14 ‘‘(ii) the inclusion in the index estab15 lished by this section of the DNA identi16 fication records and DNA analyses relating

17 to the DNA samples described in clause

18 (i).

19 ‘‘(2) COLLECTION OF SAMPLES.—

20 ‘‘(A) IN GENERAL.—Beginning 180 days

21 after the date of enactment of this subsection,

22 the Secretary of Defense shall collect a DNA

23 sample from each individual under the jurisdic24 tion of the Secretary of a military department

25 who has, before or after this subsection takes
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1 effect, been convicted of a qualifying military

2 offense.

3 ‘‘(B) TIME AND MANNER.—The Secretary

4 of Defense shall specify the time and manner of

5 collection of DNA samples under this para6 graph.

7 ‘‘(3) WAIVER; COLLECTION PROCEDURES.—

8 Notwithstanding any other provision of this sub9 section, the Secretary of Defense may—

10 ‘‘(A) waive the collection of a DNA sample

11 from an individual under this subsection if an12 other person or agency has collected or will col13 lect such a sample from the individual under

14 subsection (d); and

15 ‘‘(B) use or authorize the use of such

16 means as are necessary to restrain and collect

17 a DNA sample from an individual who refuses

18 to cooperate in the collection of the sample.

19 ‘‘(f) CRIMINAL PENALTY.—

20 ‘‘(1) IN GENERAL.—An individual from whom

21 the collection of a DNA sample is required or au22 thorized pursuant to subsection (d) who fails to co23 operate in the collection of that sample shall be—

24 ‘‘(A) guilty of a class A misdemeanor; and
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1 ‘‘(B) punished in accordance with title 18,

2 United States Code.

3 ‘‘(2) MILITARY OFFENDERS.—An individual

4 from whom the collection of a DNA sample is re5 quired or authorized pursuant to subsection (e) who

6 fails to cooperate in the collection of that sample

7 may be punished as a court martial may direct as

8 a violation of the Uniform Code of Military Justice.

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated—

11 ‘‘(1) to the Department of Justice to carry out

12 subsection (d) of this section (including to reimburse

13 the Federal judiciary for any reasonable costs in14 curred in implementing such subsection, as deter15 mined by the Attorney General) and section 3(d) of

16 the Violent Offender DNA Identification Act of

17 1999—

18 ‘‘(A) $6,600,000 for fiscal year 2000; and

19 ‘‘(B) such sums as may be necessary for

20 each of fiscal years 2001 through 2004;

21 ‘‘(2) to the Court Services and Offender Super22 vision Agency for the District of Columbia or the

23 Trustee appointed under section 11232(a) of the

24 Balanced Budget Act of 1997 (as appropriate), such
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1 sums as may be necessary for each of fiscal years

2 2000 through 2004; and

3 ‘‘(3) to the Department of Defense to carry out

4 subsection (e)—

5 ‘‘(A) $600,000 for fiscal year 2000; and

6 ‘‘(B) $300,000 for each of fiscal years

7 2001 through 2004.’’.

8 (c) CONDITIONS OF RELEASE.—

9 (1) CONDITIONS OF PROBATION.—Section

10 3563(a) of title 18, United States Code, is

11 amended—

12 (A) in paragraph (7), by striking ‘‘and’’ at

13 the end;

14 (B) in paragraph (8), by striking the pe15 riod at the end and inserting ‘‘; and’’; and

16 (C) by inserting after paragraph (8) the

17 following:

18 ‘‘(9) that the defendant cooperate in the collec19 tion of a DNA sample from the defendant if the col20 lection of such a sample is required or authorized

21 pursuant to section 210304 of the Violent Crime

22 Control and Law Enforcement Act of 1994 (42

23 U.S.C. 14132).’’.

24 (2) CONDITIONS OF SUPERVISED RELEASE.—

25 Section 3583(d) of title 18, United States Code, is
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1 amended by inserting before ‘‘The court shall also

2 order’’ the following: ‘‘The court shall order, as an

3 explicit condition of supervised release, that the de4 fendant cooperate in the collection of a DNA sample

5 from the defendant, if the collection of such a sam6 ple is required or authorized pursuant to section

7 210304 of the Violent Crime Control and Law En8 forcement Act of 1994 (42 U.S.C. 14132).’’.

9 (3) CONDITIONS OF RELEASE GENERALLY.—If

10 the collection of a DNA sample from an individual

11 on probation, parole, or supervised release pursuant

12 to a conviction or adjudication of delinquency under

13 the law of any jurisdiction (including an individual

14 on parole pursuant to chapter 311 of title 18,

15 United States Code, as in effect on October 30,

16 1997) is required or authorized pursuant to section

17 210304 of the Violent Crime Control and Law En18 forcement Act of 1994 (42 U.S.C. 14132), and the

19 sample has not otherwise been collected, the indi20 vidual shall cooperate in the collection of a DNA

21 sample as a condition of that probation, parole, or

22 supervised release.

23 (d) REPORT AND EVALUATION.—Not later than 1

24 year after the date of enactment of this Act, the Attorney

25 General, acting through the Assistant Attorney General
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1 for the Office of Justice Programs of the Department of

2 Justice and the Director of the Federal Bureau of Inves3 tigation, 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

11 collection of a DNA sample under section

12 210304 of the Violent Crime Control and Law

13 Enforcement Act of 1994 (42 U.S.C. 14132) or

14 under State law, are likely to yield DNA

15 matches, and the relative degree of such likeli16 hood with respect to each such offense; and

17 (B) determine the number of investigations

18 aided (including the number of suspects

19 cleared), and the rates of prosecution and con20 viction of suspects identified through DNA

21 matching; and

22 (2) submit to Congress a report describing the

23 results of the evaluation under paragraph (1).

24 (e) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) DRUG CONTROL AND SYSTEM IMPROVE2 MENT GRANTS.—Section 503(a)(12)(C) of title I of

3 the Omnibus Crime Control and Safe Streets Act of

4 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by

5 striking ‘‘, at regular intervals of not to exceed 180

6 days,’’ and inserting ‘‘semiannual’’.

7 (2) DNA IDENTIFICATION GRANTS.—Section

8 2403(3) of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3796kk–2(3))

10 is amended by striking ‘‘, at regular intervals not ex11 ceeding 180 days,’’ and inserting ‘‘semiannual’’.

12 (3) FEDERAL BUREAU OF INVESTIGATION.—

13 Section 210305(a)(1)(A) of the Violent Crime Con14 trol and Law Enforcement Act of 1994 (42 U.S.C.

15 14133(a)(1)(A)) is amended by striking ‘‘, at reg16 ular intervals of not to exceed 180 days,’’ and insert17 ing ‘‘semiannual’’.

18 TITLE XVI—MISCELLANEOUS

19 PROVISIONS

20 Subtitle A—General Provisions

21 SEC. 1601. PROHIBITION ON FIREARMS POSSESSION BY

22 VIOLENT JUVENILE OFFENDERS.

23 (a) DEFINITION.—Section 921(a)(20) of title 18,

24 United States Code, is amended—

25 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;
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1 (2) by redesignating subparagraphs (A) and

2 (B) as clauses (i) and (ii), respectively;

3 (3) by inserting after subparagraph (A) the fol4 lowing:

5 ‘‘(B) For purposes of subsections (d) and (g) of sec6 tion 922, the term ‘act of violent juvenile delinquency’

7 means an adjudication of delinquency in Federal or State

8 court, based on a finding of the commission of an act by

9 a person prior to his or her eighteenth birthday that, if

10 committed by an adult, would be a serious or violent fel11 ony, as defined in section 3559(c)(2)(F)(i) had Federal

12 jurisdiction existed and been exercised (except that section

13 3559(c)(3) shall not apply to this subparagraph).’’; and

14 (4) in the undesignated paragraph following

15 subparagraph (B) (as added by paragraph (3) of

16 this subsection), by striking ‘‘What constitutes’’ and

17 all that follows through ‘‘this chapter,’’ and inserting

18 the following:

19 ‘‘(C) What constitutes a conviction of such a crime

20 or an adjudication of an act of violent juvenile delinquency

21 shall be determined in accordance with the law of the ju22 risdiction in which the proceedings were held. Any State

23 conviction or adjudication of an act of violent juvenile de24 linquency that has been expunged or set aside, or for

25 which a person has been pardoned or has had civil rights
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1 restored, by the jurisdiction in which the conviction or ad2 judication of an act of violent juvenile delinquency oc3 curred shall not be considered to be a conviction or adju4 dication of an act of violent juvenile delinquency for pur5 poses of this chapter,’’.

6 (b) PROHIBITION.—Section 922 of title 18, United

7 States Code, is amended—

8 (1) in subsection (d)—

9 (A) in paragraph (8), by striking ‘‘or’’ at

10 the end;

11 (B) in paragraph (9), by striking the pe12 riod at the end and inserting ‘‘; or’’; and

13 (C) by inserting after paragraph (9) the

14 following:

15 ‘‘(10) has committed an act of violent juvenile

16 delinquency.’’; and

17 (2) in subsection (g)—

18 (A) in paragraph (8), by striking ‘‘or’’ at

19 the end;

20 (B) in paragraph (9), by striking the

21 comma at the end and inserting ‘‘; or’’; and

22 (C) by inserting after paragraph (9) the

23 following:

24 ‘‘(10) who has committed an act of violent juve25 nile delinquency,’’.
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1 (c) EFFECTIVE DATE OF ADJUDICATION PROVI2 SIONS.—The amendments made by this section shall only

3 apply to an adjudication of an act of violent juvenile delin4 quency that occurs after the date that is 30 days after

5 the date on which the Attorney General certifies to Con6 gress and separately notifies Federal firearms licensees,

7 through publication in the Federal Register by the Sec8 retary of the Treasury, that the records of such adjudica9 tions are routinely available in the national instant crimi10 nal background check system established under section

11 103(b) of the Brady Handgun Violence Prevention Act.

12 SEC. 1602. SAFE STUDENTS.

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

14 ‘‘Safe Students Act.’’

15 (b) PURPOSE.—It is the purpose of this section to

16 maximize local flexibility in responding to the threat of

17 juvenile violence through the implementation of effective

18 school violence prevention and safety programs.

19 (c) PROGRAM AUTHORIZED.—The Attorney General

20 shall, subject to the availability of appropriations, award

21 grants to local education agencies and to law enforcement

22 agencies to assist in the planning, establishing, operating,

23 coordinating and evaluating of school violence prevention

24 and school safety programs.

25 (d) APPLICATION REQUIREMENTS.—
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1 (1) IN GENERAL.—To be eligible to receive a

2 grant under subsection (c), an entity shall—

3 (A) be a local education agency or a law

4 enforcement agency; and

5 (B) prepare and submit to the Attorney

6 General an application at such time, in such

7 manner and containing such information as the

8 Attorney General may require, including—

9 (i) a detailed explanation of the in10 tended uses of funds provided under the

11 grant; and

12 (ii) a written assurance that the

13 schools to be served under the grant will

14 have a zero tolerance policy in effect for

15 drugs, alcohol, weapons, truancy and juve16 nile crime on school campuses.

17 (2) PRIORITY.—The Attorney General shall give

18 priority in awarding grants under this section to ap19 plications that have been submitted jointly by a local

20 education agency and a law enforcement agency.

21 (e) ALLOWABLE USES OF FUNDS.—Amounts re22 ceived under a grant under this section shall be used for

23 innovative, local responses, consistent with the purposes

24 of this Act, which may include—
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1 (1) training, including in-service training, for

2 school personnel, custodians and bus drivers in—

3 (A) the identification of potential threats

4 (such as illegal weapons and explosive devices);

5 (B) crisis preparedness and intervention

6 procedures; and

7 (C) emergency response;

8 (2) training of interested parents, teachers and

9 other school and law enforcement personnel in the

10 identification and responses to early warning signs

11 of troubled and violent youth;

12 (3) innovative research-based delinquency and

13 violence prevention programs, including mentoring

14 programs;

15 (4) comprehensive school security assessments;

16 (5) the purchase of school security equipment

17 and technologies such as metal detectors, electronic

18 locks, surveillance cameras;

19 (6) collaborative efforts with law enforcement

20 agencies, community-based organizations (including

21 faith-based organizations) that have demonstrated

22 expertise in providing effective, research-based vio23 lence prevention and intervention programs to school

24 age children;
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1 (7) providing assistance to families in need for

2 the purpose of purchasing required school uniforms;

3 (8) school resource officers, including commu4 nity police officers; and

5 (9) community policing in and around schools.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section,

8 $200,000,000 for fiscal year 2000, and such sums as may

9 be necessary for each of fiscal years 2001 through 2004.

10 (g) REPORT TO CONGRESS.—Not later than 2 years

11 after the date of enactment of this section, and every 2

12 years thereafter, the Attorney General shall prepare and

13 submit to the appropriate committees of Congress a report

14 concerning the manner in which grantees have used

15 amounts received under a grant under this section.

16 SEC. 1603. STUDY OF MARKETING PRACTICES OF THE FIRE17 ARMS INDUSTRY.

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

19 and the Attorney General shall jointly conduct a study of

20 the marketing practices of the firearms industry, with re21 spect to children.

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

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

24 General shall examine the extent to which the firearms

25 industry advertises and promotes its products to juveniles,
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1 including in media outlets in which minors comprise a sub2 stantial percentage of the audience.

3 (c) REPORT.—Not later than one year after the date

4 of the enactment of this Act, the Commission and the At5 torney General shall submit to Congress a report on the

6 study conducted under subsection (a).

7 SEC. 1604. PROVISION OF INTERNET FILTERING OR

8 SCREENING SOFTWARE BY CERTAIN INTER9 NET SERVICE PROVIDERS.

10 (a) REQUIREMENT TO PROVIDE.—Each Internet

11 service provider shall at the time of entering an agreement

12 with a residential customer for the provision of Internet

13 access services, provide to such customer, either at no fee

14 or at a fee not in excess of the amount specified in sub15 section (c), computer software or other filtering or block16 ing system that allows the customer to prevent the access

17 of minors to material on the Internet.

18 (b) SURVEYS OF PROVISION OF SOFTWARE OR SYS19 TEMS.—

20 (1) SURVEYS.—The Office of Juvenile Justice

21 and Delinquency Prevention of the Department of

22 Justice and the Federal Trade Commission shall

23 jointly conduct surveys of the extent to which Inter24 net service providers are providing computer soft-
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1 ware or systems described in subsection (a) to their

2 subscribers.

3 (2) FREQUENCY.—The surveys required by

4 paragraph (1) shall be completed as follows:

5 (A) One shall be completed not later than

6 one year after the date of the enactment of this

7 Act.

8 (B) One shall be completed not later than

9 two years after that date.

10 (C) One shall be completed not later than

11 three years after that date.

12 (c) FEES.—The fee, if any, charged and collected by

13 an Internet service provider for providing computer soft14 ware or a system described in subsection (a) to a residen15 tial customer shall not exceed the amount equal to the cost

16 of the provider in providing the software or system to the

17 subscriber, including the cost of the software or system

18 and of any license required with respect to the software

19 or system.

20 (d) APPLICABILITY.—The requirement described in

21 subsection (a) shall become effective only if—

22 (1) 1 year after the date of the enactment of

23 this Act, the Office and the Commission determine

24 as a result of the survey completed by the deadline

25 in subsection (b)(2)(A) that less than 75 percent of
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1 the total number of residential subscribers of Inter2 net service providers as of such deadline are pro3 vided computer software or systems described in

4 subsection (a) by such providers;

5 (2) 2 years after the date of the enactment of

6 this Act, the Office and the Commission determine

7 as a result of the survey completed by the deadline

8 in subsection (b)(2)(B) that less than 85 percent of

9 the total number of residential subscribers of Inter10 net service providers as of such deadline are pro11 vided such software or systems by such providers; or

12 (3) 3 years after the date of the enactment of

13 this Act, if the Office and the Commission determine

14 as a result of the survey completed by the deadline

15 in subsection (b)(2)(C) that less than 100 percent of

16 the total number of residential subscribers of Inter17 net service providers as of such deadline are pro18 vided such software or systems by such providers.

19 (e) INTERNET SERVICE PROVIDER DEFINED.—In

20 this section, the term ‘‘Internet service provider’’ means

21 a service provider as defined in section 512(k)(1)(A) of

22 title 17, United States Code, which has more than 50,000

23 subscribers.
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1 SEC. 1605. APPLICATION OF SECTION 923 (j) AND (m).

2 Notwithstanding any other provision of this Act, sec3 tion 923 of title 18, United States Code, as amended by

4 this Act, shall be applied by amending in subsections (j)

5 and (m) the following:

6 (1) In subsection (j) amend—

7 (A) paragraph (2) (A), (B) and (C) to read

8 as follows:

9 ‘‘(A) IN GENERAL.—A temporary location

10 referred to in paragraph (1) is a location for a

11 gun show, or event in the State specified on the

12 license, at which firearms, firearms accessories

13 and related items may be bought, sold, traded,

14 and displayed, in accordance with Federal,

15 State, and local laws.

16 ‘‘(B) LOCATIONS OUT OF STATE.—If the

17 location is not in the State specified on the li18 cense, a licensee may display any firearm, and

19 take orders for a firearm or effectuate the

20 transfer of a firearm, in accordance with this

21 chapter, including paragraph (7) of this sub22 section.

23 ‘‘(C) QUALIFIED GUN SHOWS OR

24 EVENTS.—A gun show or an event shall qualify

25 as a temporary location if—
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1 ‘‘(i) the gun show or event is one

2 which is sponsored, for profit or not, by an

3 individual, national, State, or local organi4 zation, association, or other entity to foster

5 the collecting, competitive use, sporting

6 use, or any other legal use of firearms; and

7 ‘‘(ii) the gun show or event has—

8 ‘‘(I) 20 percent or more firearm

9 exhibitors out of all exhibitors; or

10 ‘‘(II) 10 or more firearms exhibi11 tors.’’.

12 (B) paragraph (3)(C) to read as follows:

13 ‘‘(C) shall be retained at the premises

14 specified on the license.’’; and

15 (C) paragraph (7) to read as follows:

16 ‘‘(7) NO EFFECT ON OTHER RIGHTS.—Nothing

17 in this subsection diminishes in any manner any

18 right to display, sell, or otherwise dispose of firearms

19 or ammunition that is in effect before the date of

20 enactment of the Firearms Owners’ Protection Act,

21 including the right of a licensee to conduct firearms

22 transfers and business away from their business

23 premises with another licensee without regard to

24 whether the location of the business is in the State

25 specified on the license of either licensee.’’.
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1 (2) In subsection (m), amend—

2 (A) paragraph (2)(E)(i) to read as follows:

3 ‘‘(i) IN GENERAL.—A person not li4 censed under this section who desires to

5 transfer a firearm at a gun show in his

6 State of residence to another person who is

7 a resident of the same State, and not li8 censed under this section, shall only make

9 such a transfer through a licensee who can

10 conduct an instant background check at

11 the gun show, or directly to the prospective

12 transferee if an instant background check

13 is first conducted by a special registrant at

14 the gun show on the prospective transferee.

15 For any instant background check con16 ducted at a gun show, the time period stat17 ed in section 922(t)(1)(B)(ii) of this chap18 ter shall be 24 hours in a calendar day

19 since the licensee contacted the system. If

20 the services of a special registrant are used

21 to determine the firearms eligibility of the

22 prospective transferee to possesses a fire23 arm, the transferee shall provide the spe24 cial registrant at the gun show, on a spe25 cial and limited-purpose form that the Sec-
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1 retary shall prescribe for use by a special

2 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

13 as required by section 922(t)(1)(C).‘‘;

14 and

15 (B) paragraph (4) to read as follows:

16 ‘‘(4) IMMUNITY.—

17 ‘‘(A) DEFINITION.—In this paragraph:

18 ‘‘(i) IN GENERAL.—The term ‘quali19 fied civil liability action’ means a civil ac20 tion brought by any person against a per21 son described in subparagraph (B) for

22 damages resulting from the criminal or un23 lawful misuse of the firearm by the trans24 feree or a third party.
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1 ‘‘(ii) EXCLUSIONS.—The term ‘quali2 fied civil liability action’ shall not include

3 an action—

4 ‘‘(I) brought against a transferor

5 convicted under section 924(h), or a

6 comparable State felony law, by a per7 son directly harmed by the trans8 feree’s criminal conduct, as defined in

9 section 924(h); or

10 ‘‘(II) brought against a trans11 feror for negligent entrustment or

12 negligence per se.

13 ‘‘(B) IMMUNITY.—Notwithstanding any

14 other provision of law, a person who is—

15 ‘‘(i) a special registrant who performs

16 a background check in the manner pre17 scribed in this subsection at a gun show;

18 ‘‘(ii) a licensee or special licensee who

19 acquires a firearm at a gun show from a

20 nonlicensee, for transfer to another non21 licensee in attendance at the gun show, for

22 the purpose of effectuating a sale, trade, or

23 transfer between the 2 nonlicensees, all in

24 the manner prescribed for the acquisition
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1 and disposition of a firearm under this

2 chapter; or

3 ‘‘(iii) a nonlicensee person disposing

4 of a firearm who uses the services of a per5 son described in clause (i) or (ii);

6 shall be entitled to immunity from civil liability

7 action as described in subparagraphs (C) and

8 (D).

9 ‘‘(C) PROSPECTIVE ACTIONS.—A qualified

10 civil liability action may not be brought in any

11 Federal or State court.

12 ‘‘(D) DISMISSAL OF PENDING ACTIONS.—

13 A qualified civil liability action that is pending

14 on the date of enactment of this subsection

15 shall be dismissed immediately by the court.’’.

16 SEC. 1606. CONSTITUTIONALITY OF MEMORIAL SERVICES

17 AND MEMORIALS AT PUBLIC SCHOOLS.

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

19 finds that the saying of a prayer, the reading of a scrip20 ture, or the performance of religious music as part of a

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

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

23 on that campus does not violate the First Amendment to

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

25 and construction of any memorial that is placed on the
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1 campus of a public school in order to honor the memory

2 of any person slain on that campus a part of which in3 cludes religious symbols, motifs, or sayings does not vio4 late the First Amendment to the Constitution of the

5 United States.

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

7 type of memorial or memorial service described in sub8 section (a) violates the Constitution of the United

9 States—

10 (1) each party shall pay its own attorney’s fees

11 and costs, notwithstanding any other provision of

12 law, and

13 (2) the Attorney General of the United States

14 is authorized to provide legal assistance to the school

15 district or other governmental entity that is defend16 ing the legality of such memorial service.

17 SEC. 1607. TWENTY-FIRST AMENDMENT ENFORCEMENT.

18 (a) SHIPMENT OF INTOXICATING LIQUOR INTO

19 STATE IN VIOLATION OF STATE LAW.—The Act entitled

20 ‘‘An Act divesting intoxicating liquors of their interstate

21 character in certain cases’’, approved March 1, 1913

22 (commonly known as the ‘‘Webb-Kenyon Act’’) (27 U.S.C.

23 122) is amended by adding at the end the following:
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1 ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT

2 COURT.

3 ‘‘(a) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘attorney general’ means the at5 torney general or other chief law enforcement officer

6 of a State, or the designee thereof;

7 ‘‘(2) the term ‘intoxicating liquor’ means any

8 spirituous, vinous, malted, fermented, or other in9 toxicating liquor of any kind;

10 ‘‘(3) the term ‘person’ means any individual

11 and any partnership, corporation, company, firm, so12 ciety, association, joint stock company, trust, or

13 other entity capable of holding a legal or beneficial

14 interest in property, but does not include a State or

15 agency thereof; and

16 ‘‘(4) the term ‘State’ means any State of the

17 United States, the District of Columbia, the Com18 monwealth of Puerto Rico, or any territory or pos19 session of the United States.

20 ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If

21 the attorney general of a State has reasonable cause to

22 believe that a person is engaged in, is about to engage

23 in, or has engaged in, any act that would constitute a vio24 lation of a State law regulating the importation or trans25 portation of any intoxicating liquor, the attorney general

26 may bring a civil action in accordance with this section
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1 for injunctive relief (including a preliminary or permanent

2 injunction or other order) against the person, as the attor3 ney general determines to be necessary to—

4 ‘‘(1) restrain the person from engaging, or con5 tinuing to engage, in the violation; and

6 ‘‘(2) enforce compliance with the State law.

7 ‘‘(c) FEDERAL JURISDICTION.—

8 ‘‘(1) IN GENERAL.—The district courts of the

9 United States shall have jurisdiction over any action

10 brought under this section.

11 ‘‘(2) VENUE.—An action under this section

12 may be brought only in accordance with section

13 1391 of title 28, United States Code.

14 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR15 DERS.—

16 ‘‘(1) IN GENERAL.—In any action brought

17 under this section, upon a proper showing by the at18 torney general of the State, the court shall issue a

19 preliminary or permanent injunction or other order

20 without requiring the posting of a bond.

21 ‘‘(2) NOTICE.—No preliminary or permanent

22 injunction or other order may be issued under para23 graph (1) without notice to the adverse party.
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1 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre2 liminary or permanent injunction or other order en3 tered in an action brought under this section shall—

4 ‘‘(A) set forth the reasons for the issuance

5 of the order;

6 ‘‘(B) be specific in terms;

7 ‘‘(C) describe in reasonable detail, and not

8 by reference to the complaint or other docu9 ment, the act or acts to be restrained; and

10 ‘‘(D) be binding only upon—

11 ‘‘(i) the parties to the action and the

12 officers, agents, employees, and attorneys

13 of those parties; and

14 ‘‘(ii) persons in active cooperation or

15 participation with the parties to the action

16 who receive actual notice of the order by

17 personal service or otherwise.

18 ‘‘(e) CONSOLIDATION OF HEARING WITH TRIAL ON

19 MERITS.—

20 ‘‘(1) IN GENERAL.—Before or after the com21 mencement of a hearing on an application for a pre22 liminary or permanent injunction or other order

23 under this section, the court may order the trial of

24 the action on the merits to be advanced and consoli25 dated with the hearing on the application.
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1 ‘‘(2) ADMISSIBILITY OF EVIDENCE.—If the

2 court does not order the consolidation of a trial on

3 the merits with a hearing on an application de4 scribed in paragraph (1), any evidence received upon

5 an application for a preliminary or permanent in6 junction or other order that would be admissible at

7 the trial on the merits shall become part of the

8 record of the trial and shall not be required to be

9 received again at the trial.

10 ‘‘(f) NO RIGHT TO TRIAL BY JURY.—An action

11 brought under this section shall be tried before the court.

12 ‘‘(g) ADDITIONAL REMEDIES.—

13 ‘‘(1) IN GENERAL.—A remedy under this sec14 tion is in addition to any other remedies provided by

15 law.

16 ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in

17 this section may be construed to prohibit an author18 ized State official from proceeding in State court on

19 the basis of an alleged violation of any State law.’’.

20 SEC. 1608. INTERSTATE SHIPMENT AND DELIVERY OF IN21 TOXICATING LIQUORS.

22 Chapter 59 of title 18, United States Code, is

23 amended—

24 (1) in section 1263—
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1 (A) by inserting ‘‘a label on the shipping

2 container that clearly and prominently identifies

3 the contents as alcoholic beverages, and a’’

4 after ‘‘accompanied by’’; and

5 (B) by inserting ‘‘and requiring upon deliv6 ery the signature of a person who has attained

7 the age for the lawful purchase of intoxicating

8 liquor in the State in which the delivery is

9 made,’’ after ‘‘contained therein,’’; and

10 (2) in section 1264, by inserting ‘‘or to any per11 son other than a person who has attained the age

12 for the lawful purchase of intoxicating liquor in the

13 State in which the delivery is made,’’ after ‘‘con14 signee,’’.

15 SEC. 1609. DISCLAIMER ON MATERIALS PRODUCED, PRO16 CURED OR DISTRIBUTED FROM FUNDING AU17 THORIZED BY THIS ACT.

18 (a) All materials produced, procured, or distributed,

19 in whole or in part, as a result of Federal funding author20 ized under this Act for expenditure by Federal, State or

21 local governmental recipients or other nongovernmental

22 entities shall have printed thereon the following language:

23 ‘‘This material has been printed, procured or distrib24 uted, in whole or in part, at the expense of the Fed25 eral Government. Any person who objects to the ac-
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1 curacy of the material, to the completeness of the

2 material, or to the representations made within the

3 material, including objections related to this mate4 rial’s characterization of religious beliefs, are encour5 aged to direct their comments to the office of the

6 Attorney General of the United States.’’.

7 (b) All materials produced, procured, or distributed

8 using funds authorized under this Act shall have printed

9 thereon, in addition to the language contained in para10 graph (a), a complete address for an office designated by

11 the Attorney General to receive comments from members

12 of the public.

13 (c) The office designated under paragraph (b) by the

14 Attorney General to receive comments shall, every six

15 months, prepare an accurate summary of all comments re16 ceived by the office. This summary shall include details

17 about the number of comments received and the specific

18 nature of the concerns raised within the comments, and

19 shall be provided to the Chairmen of the Senate and

20 House Judiciary Committees, the Senate and House Edu21 cation Committees, the Majority and Minority Leaders of

22 the Senate, and the Speaker and Minority Leader of the

23 House of Representatives. Further, the comments received

24 shall be retained by the office and shall be made available

25 to any member of the general public upon request.
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1 SEC. 1610. AIMEE’S LAW.

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

3 ‘‘Aimee’s Law’’.

4 (b) DEFINITIONS.—In this section:

5 (1) DANGEROUS SEXUAL OFFENSE.—The term

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

7 sexually explicit conduct committed by an individual

8 who has attained the age of 18 years against an in9 dividual who has not attained the age of 14 years.

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

11 meaning given the term under applicable State law.

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

13 given the term under applicable State law.

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

15 has the meaning given the term under applicable

16 State law.

17 (5) SEXUALLY EXPLICIT CONDUCT.—The term

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

19 the term under applicable State law.

20 (c) REIMBURSEMENT TO STATES FOR CRIMES COM21 MITTED BY CERTAIN RELEASED FELONS.—

22 (1) PENALTY.—

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

24 a State convicts an individual of murder, rape,

25 or a dangerous sexual offense, who has a prior

26 conviction for any 1 of those offenses in a State
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1 described in subparagraph (C), the Attorney

2 General shall transfer an amount equal to the

3 costs of incarceration, prosecution, and appre4 hension of that individual, from Federal law en5 forcement assistance funds that have been allo6 cated to but not distributed to the State that

7 convicted the individual of the prior offense, to

8 the State account that collects Federal law en9 forcement assistance funds of the State that

10 convicted that individual of the subsequent of11 fense.

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

13 which a State convicts an individual of murder,

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

15 prior conviction for any 1 or more of those of16 fenses in more than 1 other State described in

17 subparagraph (C), the Attorney General shall

18 transfer an amount equal to the costs of incar19 ceration, prosecution, and apprehension of that

20 individual, from Federal law enforcement assist21 ance funds that have been allocated to but not

22 distributed to each State that convicted such in23 dividual of the prior offense, to the State ac24 count that collects Federal law enforcement as-
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1 sistance funds of the State that convicted that

2 individual of the subsequent offense.

3 (C) STATE DESCRIBED.—A State is de4 scribed in this subparagraph if—

5 (i) the State has not adopted Federal

6 truth-in-sentencing guidelines under sec7 tion 20104 of the Violent Crime Control

8 and Law Enforcement Act of 1994 (42

9 U.S.C. 13704);

10 (ii) the average term of imprisonment

11 imposed by the State on individuals con12 victed of the offense for which the indi13 vidual described in subparagraph (A) or

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

15 State is less than 10 percent above the av16 erage term of imprisonment imposed for

17 that offense in all States; or

18 (iii) with respect to the individual de19 scribed in subparagraph (A) or (B), as ap20 plicable, the individual had served less

21 than 85 percent of the term of imprison22 ment to which that individual was sen23 tenced for the prior offense.

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

25 an amount transferred under paragraph (1), the
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1 chief executive of a State shall submit to the Attor2 ney General an application, in such form and con3 taining such information as the Attorney General

4 may reasonably require, which shall include a certifi5 cation that the State has convicted an individual of

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

7 has a prior conviction for 1 of those offenses in an8 other State.

9 (3) SOURCE OF FUNDS.—Any amount trans10 ferred under paragraph (1) shall be derived by re11 ducing the amount of Federal law enforcement as12 sistance funds received by the State that convicted

13 such individual of the prior offense before the dis14 tribution of the funds to the State. The Attorney

15 General, in consultation with the chief executive of

16 the State that convicted such individual of the prior

17 offense, shall establish a payment schedule.

18 (4) CONSTRUCTION.—Nothing in this sub19 section may be construed to diminish or otherwise

20 affect any court ordered restitution.

21 (5) EXCEPTION.—This subsection does not

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

23 a dangerous sexual offense has been released from

24 prison upon the reversal of a conviction for an of25 fense described in paragraph (1) and subsequently
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1 been convicted for an offense described in paragraph

2 (1).

3 (d) COLLECTION OF RECIDIVISM DATA.—

4 (1) IN GENERAL.—Beginning with calendar

5 year 1999, and each calendar year thereafter, the

6 Attorney General shall collect and maintain informa7 tion relating to, with respect to each State—

8 (A) the number of convictions during that

9 calendar year for murder, rape, and any sex of10 fense in the State in which, at the time of the

11 offense, the victim had not attained the age of

12 14 years and the offender had attained the age

13 of 18 years; and

14 (B) the number of convictions described in

15 subparagraph (A) that constitute second or

16 subsequent convictions of the defendant of an

17 offense described in that subparagraph.

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

19 and on March 1 of each year thereafter, the Attor20 ney General shall submit to Congress a report,

21 which shall include—

22 (A) the information collected under para23 graph (1) with respect to each State during the

24 preceding calendar year; and
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1 (B) the percentage of cases in each State

2 in which an individual convicted of an offense

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

4 convicted of another such offense in another

5 State during the preceding calendar year.

6 SEC. 1611. DRUG TESTS AND LOCKER INSPECTIONS.

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

8 ‘‘School Violence Prevention Act’’.

9 (b) AMENDMENT.—Section 4116(b) of the Elemen10 tary and Secondary Education Act of 1965 (20 U.S.C.

11 7116(b)) is amended—

12 (1) in paragraph (9), by striking ‘‘and’’ after

13 the semicolon;

14 (2) by redesignating paragraph (10) as para15 graph (11); and

16 (3) by inserting after paragraph (9) the fol17 lowing:

18 ‘‘(10) consistent with the fourth amendment to

19 the Constitution of the United States, testing a stu20 dent for illegal drug use or inspecting a student’s

21 locker for guns, explosives, other weapons, or illegal

22 drugs, including at the request of or with the con23 sent of a parent or legal guardian of the student, if

24 the local educational agency elects to so test or in25 spect; and’’.
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1 SEC. 1612. WAIVER FOR LOCAL MATCH REQUIREMENT

2 UNDER COMMUNITY POLICING PROGRAM.

3 Section 1701(i) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3796dd(i)) is amend5 ed by adding at the end of the first sentence the following:

6 ‘‘The Attorney General shall waive the requirement

7 under this subsection of a non-Federal contribution

8 to the costs of a program, project, or activity that

9 hires law enforcement officers for placement in pub10 lic schools by a jurisdiction that demonstrates finan11 cial need or hardship.’’.

12 SEC. 1613. CARJACKING OFFENSES.

13 Section 2119 of title 18, United States Code, is

14 amended by striking ‘‘, with the intent to cause death or

15 serious bodily harm’’.

16 SEC. 1614. SPECIAL FORFEITURE OF COLLATERAL PROFITS

17 OF CRIME.

18 Section 3681 of title 18, United States Code, is

19 amended by striking subsection (a) and inserting the fol20 lowing:

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) FORFEITURE OF PROCEEDS.—Upon the

23 motion of the United States attorney made at any

24 time after conviction of a defendant for an offense

25 described in paragraph (2), and after notice to any

26 interested party, the court shall order the defendant
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1 to forfeit all or any part of proceeds received or to

2 be received by the defendant, or a transferee of the

3 defendant, from a contract relating to the transfer

4 of a right or interest of the defendant in any prop5 erty described in paragraph (3), if the court deter6 mines that—

7 ‘‘(A) the interests of justice or an order of

8 restitution under this title so require;

9 ‘‘(B) the proceeds (or part thereof) to be

10 forfeited reflect the enhanced value of the prop11 erty attributable to the offense; and

12 ‘‘(C) with respect to a defendant convicted

13 of an offense against a State—

14 ‘‘(i) the property at issue, or the pro15 ceeds to be forfeited, have travelled in

16 interstate or foreign commerce or were de17 rived through the use of an instrumentality

18 of interstate or foreign commerce; and

19 ‘‘(ii) the attorney general of the State

20 has declined to initiate a forfeiture action

21 with respect to the proceeds to be forfeited.

22 ‘‘(2) OFFENSES DESCRIBED.—An offense is de23 scribed in this paragraph if it is—

24 ‘‘(A) an offense under section 794 of this

25 title;
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1 ‘‘(B) a felony offense against the United

2 States or any State; or

3 ‘‘(C) a misdemeanor offense against the

4 United States or any State resulting in physical

5 harm to any individual.

6 ‘‘(3) PROPERTY DESCRIBED.—Property is de7 scribed in this paragraph if it is any property, tan8 gible or intangible, including any—

9 ‘‘(A) evidence of the offense;

10 ‘‘(B) instrument of the offense, including

11 any vehicle used in the commission of the of12 fense;

13 ‘‘(C) real estate where the offense was

14 committed;

15 ‘‘(D) document relating to the offense;

16 ‘‘(E) photograph or audio or video record17 ing relating to the offense;

18 ‘‘(F) clothing, jewelry, furniture, or other

19 personal property relating to the offense;

20 ‘‘(G) movie, book, newspaper, magazine,

21 radio or television production, or live entertain22 ment of any kind depicting the offense or other23 wise relating to the offense;
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1 ‘‘(H) expression of the thoughts, opinions,

2 or emotions of the defendant regarding the of3 fense; or

4 ‘‘(I) other property relating to the of5 fense.’’.

6 SEC. 1615. CALLER IDENTIFICATION SERVICES TO ELEMEN7 TARY AND SECONDARY SCHOOLS AS PART OF

8 UNIVERSAL SERVICE OBLIGATION.

9 (a) CLARIFICATION.—Section 254(h)(1)(B) of the

10 Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is

11 amended by inserting after ‘‘under subsection (c)(3),’’ the

12 following: ‘‘including caller identification services with re13 spect to elementary and secondary schools,’’.

14 (b) OUTREACH.—The Federal Communications Com15 mission shall take appropriate actions to notify elementary

16 and secondary schools throughout the United States of—

17 (1) the availability of caller identification serv18 ices as part of the services that are within the defini19 tion of universal service under section 254(h)(1)(B)

20 of the Communications Act of 1934; and

21 (2) the procedures to be used by such schools

22 in applying for such services under that section.

23 SEC. 1616. PARENT LEADERSHIP MODEL.

24 (a) IN GENERAL.—The Administrator of the Office

25 of Juvenile Crime Control and Prevention is authorized
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1 to make a grant to a national organization to provide

2 training, technical assistance, best practice strategies, pro3 gram materials and other necessary support for a mutual

4 support, parental leadership model proven to prevent child

5 abuse and juvenile delinquency.

6 (b) AUTHORIZATION.—There are authorized to be ap7 propriated out of the Violent Crime Trust Fund,

8 $3,000,000.

9 SEC. 1617. NATIONAL MEDIA CAMPAIGN AGAINST VIO10 LENCE.

11 There is authorized to be appropriated to the Na12 tional Crime Prevention Council not to exceed

13 $25,000,000, to be expended without fiscal-year limita14 tion, for a 2-year national media campaign, to be con15 ducted in consultation with national, statewide or commu16 nity based youth organizations, Boys and Girls Clubs of

17 America, and to be targeted to parents (and other care18 givers) and to youth, to reduce and prevent violent crimi19 nal behavior by young Americans: Provided, That none of

20 such funds may be used—(1) to propose, influence, favor,

21 or oppose any change in any statute, rule, regulation, trea22 ty, or other provision of law; (2) for any partisan political

23 purpose; (3) to feature any elected officials, persons seek24 ing elected office, cabinet-level officials, or Federal offi25 cials employed pursuant to Schedule C of title 5, Code
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1 of Federal Regulations, section 213; or (4) in any way

2 that otherwise would violate section 1913 of title 18 of

3 the United States Code: Provided further, That, for pur4 poses hereof, ‘‘violent criminal behavior by young Ameri5 cans’’ means behavior, by minors residing in the United

6 States (or in any jurisdiction under the sovereign jurisdic7 tion thereof), that both is illegal under Federal, State, or

8 local law, and involves acts or threats of physical violence,

9 physical injury, or physical harm: Provided further, That

10 not to exceed 10 percent of the funds appropriated pursu11 ant to this authorization shall be used to commission an

12 objective accounting, from a licensed and certified public

13 accountant, using generally-accepted accounting prin14 ciples, of the funds appropriated pursuant to this author15 ization and of any other funds or in-kind donations spent

16 or used in the campaign, and an objective evaluation both

17 of the impact and cost-effectiveness of the campaign and

18 of the campaign-related activities of the Council and the

19 Clubs, which accounting and evaluation shall be submitted

20 by the Council to the Committees on Appropriations and

21 the Judiciary of each House of Congress by not later than

22 9 months after the conclusion of the campaign.
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1 SEC. 1618. VICTIMS OF TERRORISM.

2 (a) IN GENERAL.—Section 1404B of the Victims of

3 Crime Act of 1984 (42 U.S.C. 10603b) is amended to read

4 as follows:

5 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

6 OF TERRORISM OR MASS VIOLENCE.

7 ‘‘(a) DEFINITIONS.—In this section—

8 ‘‘(1) the term ‘eligible crime victim compensa9 tion program’ means a program that meets the re10 quirements of section 1402(b);

11 ‘‘(2) the term ‘eligible crime victim assistance

12 program’ means a program that meets the require13 ments of section 1404(b);

14 ‘‘(3) the term ‘public agency’ includes any Fed15 eral, State, or local government or nonprofit organi16 zation; and

17 ‘‘(4) the term ‘victim’—

18 ‘‘(A) means an individual who is citizen or

19 employee of the United States, and who is in20 jured or killed as a result of a terrorist act or

21 mass violence, whether occurring within or out22 side the United States; and

23 ‘‘(B) includes, in the case of an individual

24 described in subparagraph (A) who is deceased,

25 the family members of the individual.
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1 ‘‘(b) GRANTS AUTHORIZED.—The Director may

2 make grants, as provided in either section 1402(d)(4)(B)

3 or 1404—

4 ‘‘(1) to States, which shall be used for eligible

5 crime victim compensation programs and eligible

6 crime victim assistance programs for the benefit of

7 victims; and

8 ‘‘(2) to victim service organizations, and public

9 agencies that provide emergency or ongoing assist10 ance to victims of crime, which shall be used to pro11 vide, for the benefit of victims—

12 ‘‘(A) emergency relief (including compensa13 tion, assistance, and crisis response) and other

14 related victim services; and

15 ‘‘(B) training and technical assistance for

16 victim service providers.

17 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to supplant any compensation avail19 able under title VIII of the Omnibus Diplomatic Security

20 and Antiterrorism Act of 1986.’’.

21 (b) APPLICABILITY.—The amendment made by this

22 section applies to any terrorist act or mass violence occur23 ring on or after December 20, 1988, with respect to which

24 an investigation or prosecution was ongoing after April 24,

25 1996.
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1 SEC. 1619. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

2 (a) QUALIFICATION DATE.—Section 20104 of the

3 Violent Crime Control and Law Enforcement Act of 1994

4 (42 U.S.C. 13704(a)(3)) is amended by striking ‘‘on April

5 26, 1996’’ and inserting ‘‘on or after April 26, 1996.’’

6 (b) MINIMUM AMOUNT.—Section 20106 of the Vio7 lent Crime Control and Law Enforcement Act of 1994 (42

8 U.S.C. 13706) is amended by striking subsection (b) and

9 inserting the following:

10 ‘‘(b) FORMULA ALLOCATION.—The amount made

11 available to carry out this section for any fiscal year under

12 section 20104 shall be allocated as follows:

13 ‘‘(1) .75 percent shall be allocated to each State

14 that meets the requirements of section 20104, except

15 that the United States Virgin Islands, America

16 Samoa, Guam, and the Northern Mariana Islands

17 each shall be allocated 0.05 percent; and

18 ‘‘(2) The amount remaining after the applica19 tion of paragraph (1) shall be allocated to each

20 State that meets the requirements of section 20104

21 in the ratio that the average annual number of part

22 1 violent crimes reported by that State to the Fed23 eral Bureau of Investigation for the 3 years pre24 ceding the year in which the determination is made

25 bears to the average annual number of part 1 violent

26 crimes reported by States that meet the require-
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1 ments of section 20104 to the Federal Bureau of In2 vestigation for the 3 years preceding the year in

3 which the determination is made, except that a State

4 may not receive more than 25 percent of the total

5 amount available for such grants.’’.

6 SEC. 1620. APPLICATION OF PROVISION RELATING TO A

7 SENTENCE OF DEATH FOR AN ACT OF ANI8 MAL ENTERPRISE TERRORISM.

9 Section 3591 of title 18, United States Code (relating

10 to circumstances under which a defendant may be sen11 tenced to death), shall apply to sentencing for a violation

12 of section 43 of title 18, United States Code, as amended

13 by this Act to include the death penalty as a possible pun14 ishment.

15 SEC. 1621. PROHIBITIONS RELATING TO EXPLOSIVE MATE16 RIALS.

17 (a) PROHIBITION OF SALE, DELIVERY, OR TRANS18 FER OF EXPLOSIVE MATERIALS TO CERTAIN INDIVID19 UALS.—Section 842 of title 18, United States Code, is

20 amended by striking subsection (d) and inserting the fol21 lowing:

22 ‘‘(d) PROHIBITION OF SALE, DELIVERY, OR TRANS23 FER OF EXPLOSIVE MATERIALS TO CERTAIN INDIVID24 UALS.—It shall be unlawful for any licensee to knowingly
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1 sell, deliver, or transfer any explosive materials to any in2 dividual who—

3 ‘‘(1) is less than 21 years of age;

4 ‘‘(2) is under indictment for, or has been con5 victed in any court of, a crime punishable by impris6 onment for a term exceeding 1 year;

7 ‘‘(3) is a fugitive from justice;

8 ‘‘(4) is an unlawful user of or addicted to any

9 controlled substance (as defined in section 102 of

10 the Controlled Substances Act (21 U.S.C. 802));

11 ‘‘(5) has been adjudicated as a mental defective

12 or has been committed to any mental institution;

13 ‘‘(6) being an alien—

14 ‘‘(A) is illegally or unlawfully in the United

15 States; or

16 ‘‘(B) except as provided in section 845(d),

17 has been admitted to the United States under

18 a nonimmigrant visa (as that term is defined in

19 section 101(a)(26) of the Immigration and Na20 tionality Act (8 U.S.C. 1101(a)(26));

21 ‘‘(7) has been discharged from the Armed

22 Forces under dishonorable conditions;

23 ‘‘(8) having been a citizen of the United States,

24 has renounced his citizenship;
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1 ‘‘(9) is subject to a court order that restrains

2 such person from harassing, stalking, or threatening

3 an intimate partner of such person or child of such

4 intimate partner or person, or engaging in other

5 conduct that would place an intimate partner in rea6 sonable fear of bodily injury to the partner or child,

7 except that this paragraph shall only apply to a

8 court order that—

9 ‘‘(A) was issued after a hearing of which

10 such person received actual notice, and at which

11 such person had the opportunity to participate;

12 and

13 ‘‘(B)(i) includes a finding that such person

14 represents a credible threat to the physical safe15 ty of such intimate partner or child; and

16 ‘‘(ii) by its terms explicitly prohibits the

17 use, attempted use, or threatened use of phys18 ical force against such intimate partner or child

19 that would reasonably be expected to cause bod20 ily injury; or

21 ‘‘(10) has been convicted in any court of a mis22 demeanor crime of domestic violence.’’.

23 (b) PROHIBITION ON SHIPPING, TRANSPORTING,

24 POSSESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN

25 INDIVIDUALS.—Section 842 of title 18, United States
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1 Code, is amended by striking subsection (i) and inserting

2 the following:

3 ‘‘(i) PROHIBITION ON SHIPPING, TRANSPORTING,

4 POSSESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN

5 INDIVIDUALS.—It shall be unlawful for any person to ship

6 or transport in interstate or foreign commerce, or possess,

7 in or affecting commerce, any explosive, or to receive any

8 explosive that has been shipped or transported in inter9 state or foreign commerce, if that person—

10 ‘‘(1) is less than 21 years of age;

11 ‘‘(2) has been convicted in any court, of a crime

12 punishable by imprisonment for a term exceeding 1

13 year;

14 ‘‘(3) is a fugitive from justice;

15 ‘‘(4) is an unlawful user of or addicted to any

16 controlled substance (as defined in section 102 of

17 the Controlled Substances Act (21 U.S.C. 802));

18 ‘‘(5) has been adjudicated as a mental defective

19 or who has been committed to a mental institution;

20 ‘‘(6) being an alien—

21 ‘‘(A) is illegally or unlawfully in the United

22 States; or

23 ‘‘(B) except as provided in section 845(d),

24 has been admitted to the United States under

25 a nonimmigrant visa (as that term is defined in
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1 section 101(a)(26) of the Immigration and Na2 tionality Act (8 U.S.C. 1101(a)(26));

3 ‘‘(7) has been discharged from the Armed

4 Forces under dishonorable conditions;

5 ‘‘(8) having been a citizen of the United States,

6 has renounced his citizenship; or

7 ‘‘(9) is subject to a court order that—

8 ‘‘(A) was issued after a hearing of which

9 such person received actual notice, and at which

10 such person had an opportunity to participate;

11 ‘‘(B) restrains such person from harassing,

12 stalking, or threatening an intimate partner of

13 such person or child of such intimate partner or

14 person, or engaging in other conduct that would

15 place an intimate partner in reasonable fear of

16 bodily injury to the partner or child; and

17 ‘‘(C)(i) includes a finding that such person

18 represents a credible threat to the physical safe19 ty of such intimate partner or child; and

20 ‘‘(ii) by its terms explicitly prohibits the

21 use, attempted use, or threatened use of phys22 ical force against such intimate partner or child

23 that would reasonably be expected to cause bod24 ily injury; or
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1 ‘‘(10) has been convicted in any court of a mis2 demeanor crime of domestic violence.’’.

3 (c) EXCEPTIONS AND WAIVER FOR CERTAIN INDI4 VIDUALS.—Section 845 of title 18, United States Code,

5 is amended by adding at the end the following:

6 ‘‘(d) EXCEPTIONS AND WAIVER FOR CERTAIN INDI7 VIDUALS.—

8 ‘‘(1) DEFINITIONS.—In this subsection—

9 ‘‘(A) the term ‘alien’ has the same mean10 ing as in section 101(a)(3) of the Immigration

11 and Nationality Act (8 U.S.C. 1101(a)(3)); and

12 ‘‘(B) the term ‘nonimmigrant visa’ has the

13 same meaning as in section 101(a)(26) of the

14 Immigration and Nationality Act (8 U.S.C.

15 1101(a)(26)).

16 ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B) and

17 (i)(5)(B) of section 842 do not apply to any alien

18 who has been lawfully admitted to the United States

19 pursuant to a nonimmigrant visa, if that alien is—

20 ‘‘(A) admitted to the United States for

21 lawful hunting or sporting purposes;

22 ‘‘(B) a foreign military personnel on offi23 cial 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

5 a friendly foreign government entering the

6 United States on official law enforcement busi7 ness.

8 ‘‘(3) WAIVER.—

9 ‘‘(A) IN GENERAL.—Any individual who

10 has been admitted to the United States under

11 a nonimmigrant visa and who is not described

12 in paragraph (2), may receive a waiver from the

13 applicability of subsection (d)(5)(B) or (i)(5)(B)

14 of section 842, if—

15 ‘‘(i) the individual submits to the At16 torney General a petition that meets the

17 requirements of subparagraph (B); and

18 ‘‘(ii) the Attorney General approves

19 the petition.

20 ‘‘(B) PETITIONS.—Each petition under

21 subparagraph (A)(i) shall—

22 ‘‘(i) demonstrate that the petitioner

23 has resided in the United States for a con24 tinuous period of not less than 180 days
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1 before the date on which the petition is

2 submitted under this paragraph; and

3 ‘‘(ii) include a written statement from

4 the embassy or consulate of the petitioner,

5 authorizing the petitioner to engage in any

6 activity prohibited under subsection (d) or

7 (i) of section 842, as applicable, and certi8 fying that the petitioner would not other9 wise be prohibited from engaging in that

10 activity under subsection (d) or (i) of sec11 tion 842, as applicable.’’.

12 SEC. 1622. DISTRICT JUDGES FOR DISTRICTS IN THE

13 STATES OF ARIZONA, FLORIDA, AND NEVADA.

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

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

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

17 and with the advice and consent of the Senate—

18 (1) 3 additional district judges for the district

19 of Arizona;

20 (2) 4 additional district judges for the middle

21 district of Florida; and

22 (3) 2 additional district judges for the district

23 of Nevada.

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

25 section 133 of title 28, United States Code, will reflect
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1 the changes in the total number of permanent district

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

3 section—

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

5 is amended to read as follows:

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

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

7 amended to read as follows:

‘‘Florida:

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

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

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

8 and

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

10 amended to read as follows:

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

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated such sums as may be

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

16 by this section.

17 SEC. 1623. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH

18 ON YOUTH VIOLENCE.

19 (a) NIH RESEARCH.—The National Institutes of

20 Health, acting through the Office of Behavioral and Social

21 Sciences Research, shall carry out a coordinated, multi-
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1 year course of behavioral and social science research on

2 the causes and prevention of youth violence.

3 (b) NATURE OF RESEARCH.—Funds made available

4 to the National Institutes of Health pursuant to this sec5 tion shall be utilized to conduct, support, coordinate, and

6 disseminate basic and applied behavioral and social science

7 research with respect to youth violence, including research

8 on 1 or more of the following subjects:

9 (1) The etiology of youth violence.

10 (2) Risk factors for youth violence.

11 (3) Childhood precursors to antisocial violent

12 behavior.

13 (4) The role of peer pressure in inciting youth

14 violence.

15 (5) The processes by which children develop

16 patterns of thought and behavior, including beliefs

17 about the value of human life.

18 (6) Science-based strategies for preventing

19 youth violence, including school and community20 based programs.

21 (7) Other subjects that the Director of the Of22 fice of Behavioral and Social Sciences Research

23 deems appropriate.

24 (c) ROLE OF THE OFFICE OF BEHAVIORAL AND SO25 CIAL SCIENCES RESEARCH.—Pursuant to this section and
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1 section 404A of the Public Health Service Act (42 U.S.C.

2 283c), the Director of the Office of Behavioral and Social

3 Sciences Research shall—

4 (1) coordinate research on youth violence con5 ducted or supported by the agencies of the National

6 Institutes of Health;

7 (2) identify youth violence research projects

8 that should be conducted or supported by the re9 search institutes, and develop such projects in co10 operation with such institutes and in consultation

11 with State and Federal law enforcement agencies;

12 (3) take steps to further cooperation and col13 laboration between the National Institutes of Health

14 and the Centers for Disease Control and Prevention,

15 the Substance Abuse and Mental Health Services

16 Administration, the agencies of the Department of

17 Justice, and other governmental and nongovern18 mental agencies with respect to youth violence re19 search conducted or supported by such agencies;

20 (4) establish a clearinghouse for information

21 about youth violence research conducted by govern22 mental and nongovernmental entities; and

23 (5) periodically report to Congress on the state

24 of youth violence research and make recommenda25 tions to Congress regarding such research.
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1 (d) FUNDING.—There is authorized to be appro2 priated, $5,000,000 for each of fiscal years 2000 through

3 2004 to carry out this section. If amount are not sepa4 rately appropriated to carry out this section, the Director

5 of the National Institutes of Health shall carry out this

6 section using funds appropriated generally to the National

7 Institutes of Health, except that funds expended for under

8 this section shall supplement and not supplant existing

9 funding for behavioral research activities at the National

10 Institutes of Health.

11 SEC. 1624. 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 ex12 pectations; and

13 (8) there are many employees of the Federal

14 Government who would like to serve as youth or

15 family mentors but are unable to leave their jobs to

16 participate in mentoring programs.

17 (b) SENSE OF THE SENATE.—It is the sense of the

18 Senate that the President should issue an Executive Order

19 allowing all employees of the Federal Government to use

20 a maximum of 1 hour each week of excused absence or

21 administrative leave to serve as mentors in youth or family

22 mentoring programs.

23 SEC. 1625. 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 Ju3 venile 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

7 social problems of youth violence and chronic juve8 nile delinquency by building and enhancing juveniles’

9 relationships with their families, peers, teachers,

10 school staff, and other members of the community

11 by bringing together parents, schools, and commu12 nities to help—

13 (A) at-risk children identified by their

14 teachers to succeed;

15 (B) enhance the functioning of families

16 with at-risk children;

17 (C) prevent alcohol and other drug abuse

18 in the family; and

19 (D) reduce the stress that their families

20 experience from daily life.

21 (b) AUTHORIZATION.—In consultation with the At22 torney General, the Secretary of Education, and the Sec23 retary of the Department of Health and Human Services,

24 the Administrator shall carry out a Family and Schools

25 Together 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

5 and Human Services shall develop regulations governing

6 the distribution of the funds for FAST programs.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—There is authorized to be

9 appropriated 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. 1626. AMENDMENTS RELATING TO VIOLENT CRIME IN

18 INDIAN COUNTRY AND AREAS OF EXCLUSIVE

19 FEDERAL JURISDICTION.

20 (a) ASSAULTS WITH MARITIME AND TERRITORIAL

21 JURISDICTION.—Section 113(a)(3) of title 18, United

22 States Code, is amended by striking ‘‘with intent to do

23 bodily 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

5 for which the maximum statutory term of imprison6 ment under section 1363 is greater than 5 years,’’

7 after ‘‘a 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 pun13 ishment under section 202(7) of the Civil Rights Act of

14 1968 (25 U.S.C. 1302(7)).’’.

15 (c) RACKETEERING ACTIVITY.—Section 1961(1)(A)

16 of title 18, United States Code, is amended by inserting

17 ‘‘(or would have been so chargeable except that the act

18 or threat was committed in Indian country, as defined in

19 section 1151, or in any other area of exclusive Federal

20 jurisdiction)’’ after ‘‘chargeable under State law’’.

21 (d) MANSLAUGHTER WITHIN THE SPECIAL MARI22 TIME 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

2 TRIBAL ORGANIZATIONS.—The second undesignated

3 paragraph of section 1163 of title 18, United States Code,

4 is amended by striking ‘‘so embezzled,’’ and inserting

5 ‘‘embezzled,’’.

6 SEC. 1627. FEDERAL JUDICIARY PROTECTION ACT OF 1999.

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

8 ‘‘Federal Judiciary Protection Act of 1999’’.

9 (b) ASSAULTING, RESISTING, OR IMPEDING CERTAIN

10 OFFICERS OR EMPLOYEES.—Section 111 of title 18,

11 United States Code, is amended—

12 (1) in subsection (a), by striking ‘‘three’’ and

13 inserting ‘‘8’’; and

14 (2) in subsection (b), by striking ‘‘ten’’ and in15 serting ‘‘20’’.

16 (c) INFLUENCING, IMPEDING, OR RETALIATING

17 AGAINST A FEDERAL OFFICIAL BY THREATENING OR IN18 JURING A FAMILY MEMBER.—Section 115(b)(4) of title

19 18, United States Code, is amended—

20 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

21 (2) by striking ‘‘three’’ and inserting ‘‘6’’.

22 (d) MAILING THREATENING COMMUNICATIONS.—

23 Section 876 of title 18, United States Code, is amended—
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1 (1) by designating the first 4 undesignated

2 paragraphs as subsections (a) through (d), respec3 tively;

4 (2) in subsection (c), as so designated, by add5 ing at the end the following: ‘‘If such a communica6 tion is addressed to a United States judge, a Fed7 eral law enforcement officer, or an official who is

8 covered by section 1114, the individual shall be fined

9 under this title, imprisoned not more than 10 years,

10 or both.’’; and

11 (3) in subsection (d), as so designated, by add12 ing at the end the following: ‘‘If such a communica13 tion is addressed to a United States judge, a Fed14 eral law enforcement officer, or an official who is

15 covered by section 1114, the individual shall be fined

16 under this title, imprisoned not more than 10 years,

17 or both.’’.

18 (e) AMENDMENT OF THE SENTENCING GUIDELINES

19 FOR ASSAULTS AND THREATS AGAINST FEDERAL

20 JUDGES AND CERTAIN OTHER FEDERAL OFFICIALS AND

21 EMPLOYEES.—

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

23 under section 994 of title 28, United States Code,

24 the United States Sentencing Commission shall re25 view and amend the Federal sentencing guidelines
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1 and the policy statements of the Commission, if ap2 propriate, to provide an appropriate sentencing en3 hancement for offenses involving influencing, as4 saulting, resisting, impeding, retaliating against, or

5 threatening a Federal judge, magistrate judge, or

6 any other official described in section 111 or 115 of

7 title 18, United States Code.

8 (2) FACTORS FOR CONSIDERATION.—In car9 rying out this section, the United States Sentencing

10 Commission shall consider, with respect to each of11 fense described in paragraph (1)—

12 (A) any expression of congressional intent

13 regarding the appropriate penalties for the of14 fense;

15 (B) the range of conduct covered by the of16 fense;

17 (C) the existing sentences for the offense;

18 (D) the extent to which sentencing en19 hancements within the Federal sentencing

20 guidelines and the court’s authority to impose a

21 sentence in excess of the applicable guideline

22 range are adequate to ensure punishment at or

23 near the maximum penalty for the most egre24 gious conduct covered by the offense;
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1 (E) the extent to which Federal sentencing

2 guideline sentences for the offense have been

3 constrained by statutory maximum penalties;

4 (F) the extent to which Federal sentencing

5 guidelines for the offense adequately achieve the

6 purposes of sentencing as set forth in section

7 3553(a)(2) of title 18, United States Code;

8 (G) the relationship of Federal sentencing

9 guidelines for the offense to the Federal sen10 tencing guidelines for other offenses of com11 parable seriousness; and

12 (H) any other factors that the Commission

13 considers to be appropriate.

14 SEC. 1628. LOCAL ENFORCEMENT OF LOCAL ALCOHOL PRO15 HIBITIONS THAT REDUCE JUVENILE CRIME

16 IN REMOTE ALASKA VILLAGES.

17 (a) CONGRESSIONAL FINDINGS.—The Congress finds

18 the following:

19 (1) Villages in remote areas of Alaska lack local

20 law enforcement due to the absence of a tax base to

21 support such services and to small populations that

22 do not secure sufficient funds under existing State

23 and Federal grant program formulas.

24 (2) State troopers are often unable to respond

25 to reports of violence in remote villages if there is
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1 inclement weather, and often only respond in re2 ported felony cases.

3 (3) Studies conclude that alcohol consumption

4 is strongly linked to the commission of violent crimes

5 in remote Alaska villages and that youth are particu6 larly susceptible to developing chronic criminal be7 haviors associated with alcohol in the absence of

8 early intervention.

9 (4) Many remote villages have sought to limit

10 the introduction of alcohol into their communities as

11 a means of early intervention and to reduce criminal

12 conduct among juveniles.

13 (5) In many remote villages, there is no person

14 with the authority to enforce these local alcohol re15 strictions in a manner consistent with judicical

16 standards of due process required under the State

17 and Federal constitutions.

18 (6) Remote Alaska villages are experiencing a

19 marked increase in births and the number of juve20 niles residing in villages is expected to increase dra21 matically in the next 5 years.

22 (7) Adoption of alcohol prohibitions by voters in

23 remote villages represents a community-based effort

24 to reduce juvenile crime, but this local policy choice

25 requires local law enforcement to be effective.
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1 (b) GRANT OF FEDERAL FUNDS.—(1) The Attorney

2 General is authorized to provide to the State of Alaska

3 funds for State law enforcement, judicial infrastructure

4 and other costs necessary in remote villages to implement

5 the prohibitions on the sale, importation and possession

6 of alcohol adopted pursuant to State local option statutes.

7 (2) Funds provided to the State of Alaska under this

8 section shall be in addition to and shall not disqualify the

9 State, local governments, or Indian tribes (as that term

10 is defined in section 4(e) of the Indian Self-Determination

11 and Education Assistance Act (P.L. 93–638, as amended;

12 25 U.S.C. 450b(e) (1998)) from Federal funds available

13 under other authority.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) IN GENERAL.—There are authorized to be

16 appropriated to carry out this section—

17 (A) $15,000,000 for fiscal year 2000;

18 (B) $17,000,000 for fiscal year 2001;

19 (C) $18,000,000 for fiscal year 2002.

20 (2) SOURCE OF SUMS.—Amounts authorized to

21 be appropriated under this subsection may be de22 rived from the Violent Crime Reduction Trust Fund.
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1 SEC. 1629. RULE OF CONSTRUCTION.

2 Nothing in this Act may be construed to create, ex3 pand or diminish or in any way affect the jurisdiction of

4 an Indian tribe in the State of Alaska.

5 SEC. 1630. BOUNTY HUNTER ACCOUNTABILITY AND QUAL6 ITY ASSISTANCE.

7 (a) FINDINGS.—Congress finds that—

8 (1) bounty hunters, also known as bail enforce9 ment officers or recovery agents, provide law en10 forcement officers and the courts with valuable as11 sistance in recovering fugitives from justice;

12 (2) regardless of the differences in their duties,

13 skills, and responsibilities, the public has had dif14 ficulty in discerning the difference between law en15 forcement officers and bounty hunters;

16 (3) the availability of bail as an alternative to

17 the pretrial detention or unsecured release of crimi18 nal defendants is important to the effective func19 tioning of the criminal justice system;

20 (4) the safe and timely return to custody of fu21 gitives who violate bail contracts is an important

22 matter of public safety, as is the return of any other

23 fugitive from justice;

24 (5) bail bond agents are widely regulated by the

25 States, whereas bounty hunters are largely unregu26 lated;
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1 (6) the public safety requires the employment of

2 qualified, well-trained bounty hunters; and

3 (7) in the course of their duties, bounty hunters

4 often move in and affect interstate commerce.

5 (b) DEFINITIONS.—In this section—

6 (1) the term ‘‘bail bond agent’’ means any re7 tail seller of a bond to secure the release of a crimi8 nal defendant pending judicial proceedings, unless

9 such person also is self-employed to obtain the recov10 ery of any fugitive from justice who has been re11 leased on bail;

12 (2) the term ‘‘bounty hunter’’—

13 (A) means any person whose services are

14 engaged, either as an independent contractor or

15 as an employee of a bounty hunter employer, to

16 obtain the recovery of any fugitive from justice

17 who has been released on bail; and

18 (B) does not include any—

19 (i) law enforcement officer acting

20 under color of law;

21 (ii) attorney, accountant, or other pro22 fessional licensed under applicable State

23 law;

24 (iii) employee whose duties are pri25 marily internal audit or credit functions;
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1 (iv) person while engaged in the per2 formance of official duties as a member of

3 the Armed Forces on active duty (as de4 fined in section 101(d)(1) of title 10,

5 United States Code); or

6 (v) bail bond agent;

7 (3) the term ‘‘bounty hunter employer’’—

8 (A) means any person that—

9 (i) employs 1 or more bounty hunters;

10 or

11 (ii) provides, as an independent con12 tractor, for consideration, the services of 1

13 or more bounty hunters (which may in14 clude the services of that person); and

15 (B) does not include any bail bond agent;

16 and

17 (4) the term ‘‘law enforcement officer’’ means

18 a public officer or employee authorized under appli19 cable Federal or State law to conduct or engage in

20 the prevention, investigation, prosecution, or adju21 dication of criminal offenses, including any public of22 ficer or employee engaged in corrections, parole, or

23 probation functions, or the recovery of any fugitive

24 from justice.

25 (c) MODEL GUIDELINES.—
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1 (1) IN GENERAL.—Not later than 180 days

2 after the date of enactment of this Act, the Attorney

3 General shall develop model guidelines for the State

4 control and regulation of persons employed or apply5 ing for employment as bounty hunters. In developing

6 such guidelines, the Attorney General shall consult

7 with organizations representing—

8 (A) State and local law enforcement offi9 cers;

10 (B) State and local prosecutors;

11 (C) the criminal defense bar;

12 (D) bail bond agents;

13 (E) bounty hunters; and

14 (F) corporate sureties.

15 (2) RECOMMENDATIONS.—The guidelines devel16 oped under paragraph (1) shall include recommenda17 tions of the Attorney General regarding whether—

18 (A) a person seeking employment as a

19 bounty hunter should—

20 (i) be required to submit to a finger21 print-based criminal background check

22 prior to entering into the performance of

23 duties pursuant to employment as a boun24 ty hunter; or
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1 (ii) not be allowed to obtain such em2 ployment if that person has been convicted

3 of a felony offense under Federal or State

4 law;

5 (B) bounty hunters and bounty hunter em6 ployers should be required to obtain adequate

7 liability insurance for actions taken in the

8 course of performing duties pursuant to em9 ployment as a bounty hunter; and

10 (C) State laws should provide—

11 (i) for the prohibition on bounty hunt12 ers entering any private dwelling, unless

13 the bounty hunter first knocks on the front

14 door and announces the presence of 1 or

15 more bounty hunters; and

16 (ii) the official recognition of bounty

17 hunters from other States.

18 (3) EFFECT ON BAIL.—The guidelines pub19 lished under paragraph (1) shall include an analysis

20 of the estimated effect, if any, of the adoption of the

21 guidelines by the States on—

22 (A) the cost and availability of bail; and

23 (B) the bail bond agent industry.

24 (4) NO REGULATORY AUTHORITY.—Nothing in

25 this subsection may be construed to authorize the
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1 promulgation of any Federal regulation relating to

2 bounty hunters, bounty hunter employers, or bail

3 bond agents.

4 (5) PUBLICATION OF GUIDELINES.—The Attor5 ney General shall publish model guidelines developed

6 pursuant to paragraph (1) in the Federal Register.

7 SEC. 1631. ASSISTANCE FOR UNINCORPORATED NEIGHBOR8 HOOD WATCH PROGRAMS.

9 (a) IN GENERAL.—Section 1701(d) of title I of the

10 Omnibus Crime Control and Safe Streets Act of 1968 (42

11 U.S.C. 3796dd(d)) is amended—

12 (1) in paragraph (10), by striking ‘‘and’’ at the

13 end;

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

15 the end and inserting ‘‘; and’’; and

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

17 ‘‘(12) provide assistance to unincorporated

18 neighborhood watch organizations approved by the

19 appropriate local police or sheriff’s department, in

20 an amount equal to not more than $1,950 per orga21 nization, for the purchase of citizen band radios,

22 street signs, magnetic signs, flashlights, and other

23 equipment relating to neighborhood watch patrols.’’.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

25 1001(a)(11) of title I of the Omnibus Crime Control and
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1 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is

2 amended—

3 (1) in subparagraph (A), by striking clause (vi)

4 and inserting the following:

5 ‘‘(vi) $282,625,000 for fiscal year 2000.’’; and

6 (2) in subparagraph (B) by inserting after

7 ‘‘(B)’’ the following: ‘‘Of amounts made available to

8 carry out part Q in each fiscal year $14,625,000

9 shall be used to carry out section 1701(d)(12).’’.

10 SEC. 1632. FINDINGS AND SENSE OF CONGRESS.

11 (a) FINDINGS.—Congress makes the following

12 findings—

13 (1) The Nation’s highest priority should be to

14 ensure that children begin school ready to learn.

15 (2) New scientific research shows that the elec16 trical activity of brain cells actually changes the

17 physical structure of the brain itself and that with18 out a stimulating environment, a baby’s brain will

19 suffer. At birth, a baby’s brain contains

20 100,000,000,000 neurons, roughly as many nerve

21 cells as there are stars in the Milky Way, but the

22 wiring pattern between these neurons develops over

23 time. Children who play very little or are rarely

24 touched develop brains that are 20 to 30 percent

25 smaller than normal for their age.
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1 (3) This scientific research also conclusively

2 demonstrates that enhancing children’s physical, so3 cial, emotional, and intellectual development will re4 sult in tremendous benefits for children, families,

5 and the Nation.

6 (4) Since more than 50 percent of the mothers

7 of children under the age of 3 now work outside of

8 the home, society must change to provide new sup9 ports so young children receive the attention and

10 care that they need.

11 (5) There are 12,000,000 children under the

12 age of 3 in the United States today and 1 in 4 lives

13 in poverty.

14 (6) Compared with most other industrialized

15 countries, the United States has a higher infant

16 mortality rate, a higher proportion of low-birth

17 weight babies, and a smaller proportion of babies

18 immunized against childhood diseases.

19 (7) National and local studies have found a

20 strong link between—

21 (A) lack of early intervention for children;

22 and

23 (B) increased violence and crime among

24 youth.
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1 (8) The United States will spend more than

2 $35,000,000,000 over the next 5 years on Federal

3 programs for at-risk or delinquent youth and child

4 welfare programs, which address crisis situations

5 that frequently could have been avoided or made

6 much less severe through good early intervention for

7 children.

8 (9) Many local communities across the country

9 have developed successful early childhood efforts and

10 with additional resources could expand and enhance

11 opportunities for young children.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that Federal funding for early childhood develop14 ment collaboratives should be a priority in the Federal

15 budget for fiscal year 2000 and subsequent fiscal years.

16 SEC. 1633. PROHIBITION ON PROMOTING VIOLENCE ON

17 FEDERAL PROPERTY.

18 (a) GENERAL RULE.—A Federal department or

19 agency that—

20 (1) considers a request from an individual or

21 entity for the use of any property, facility, equip22 ment, or personnel of the department or agency, or

23 for any other cooperation from the department or

24 agency, to film a motion picture or television produc25 tion for commercial purposes; and
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1 (2) makes a determination as to whether grant2 ing a request described in paragraph (1) is con3 sistent with—

4 (A) United States policy;

5 (B) the mission or interest of the depart6 ment or agency; or

7 (C) the public interest;

8 shall not grant such a request without considering whether

9 such motion picture or television production glorifies or

10 endorses wanton and gratuitous violence.

11 (b) EXCEPTION.—Subsection (a) shall not apply to—

12 (1) any bona fide newsreel or news television

13 production; or

14 (2) any public service announcement.

15 SEC. 1634. PROVISIONS RELATING TO PAWN SHOPS AND

16 SPECIAL LICENSEES.

17 (a) Notwithstanding any other provision of this Act,

18 the repeal heretofore effected by paragraph (1) and the

19 amendment heretofore effected by paragraph (2) of sub20 section (c) with the heading ‘‘Provision Related to Pawn

21 and Other Transactions’’ of section 503 of title V with

22 the heading ‘‘General Firearm Provisions’’ shall be null

23 and void.

24 (b) Notwithstanding any other provision of this Act,

25 section 923(m)(1), of title 18, United States Code, as
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1 heretofore provided, is amended by adding at the end the

2 following subparagraph:

3 ‘‘(F) COMPLIANCE.—Except as to the

4 State and local planning and zoning require5 ments for a licensed premises as provided in

6 subparagraph (D), a special licensee shall be

7 subject to all of the provisions of this chapter

8 applicable to dealers, including, but not limited

9 to, the performance of an instant background

10 check.’’.

11 SEC. 1635. EXTENSION OF BRADY BACKGROUND CHECKS

12 TO GUN SHOWS.

13 (a) FINDINGS.—Congress finds that—

14 (1) more than 4,400 traditional gun shows are

15 held annually across the United States, attracting

16 thousands of attendees per show and hundreds of

17 Federal firearms licensees and nonlicensed firearms

18 sellers;

19 (2) traditional gun shows, as well as flea mar20 kets and other organized events, at which a large

21 number of firearms are offered for sale by Federal

22 firearms licensees and nonlicensed firearms sellers,

23 form a significant part of the national firearms mar24 ket;
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1 (3) firearms and ammunition that are exhibited

2 or offered for sale or exchange at gun shows, flea

3 markets, and other organized events move easily in

4 and substantially affect interstate commerce;

5 (4) in fact, even before a firearm is exhibited or

6 offered for sale or exchange at a gun show, flea mar7 ket, or other organized event, the gun, its component

8 parts, ammunition, and the raw materials from

9 which it is manufactured have moved in interstate

10 commerce;

11 (5) gun shows, flea markets, and other orga12 nized events at which firearms are exhibited or of13 fered for sale or exchange, provide a convenient and

14 centralized commercial location at which firearms

15 may be bought and sold anonymously, often without

16 background checks and without records that enable

17 gun tracing;

18 (6) at gun shows, flea markets, and other orga19 nized events at which guns are exhibited or offered

20 for sale or exchange, criminals and other prohibited

21 persons obtain guns without background checks and

22 frequently use guns that cannot be traced to later

23 commit crimes;

24 (7) many persons who buy and sell firearms at

25 gun shows, flea markets, and other organized events
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1 cross State lines to attend these events and engage

2 in the interstate transportation of firearms obtained

3 at these events;

4 (8) gun violence is a pervasive, national prob5 lem that is exacerbated by the availability of guns at

6 gun shows, flea markets, and other organized events;

7 (9) firearms associated with gun shows have

8 been transferred illegally to residents of another

9 State by Federal firearms licensees and nonlicensed

10 firearms sellers, and have been involved in subse11 quent crimes including drug offenses, crimes of vio12 lence, property crimes, and illegal possession of fire13 arms by felons and other prohibited persons; and

14 (10) Congress has the power, under the inter15 state commerce clause and other provisions of the

16 Constitution of the United States, to ensure, by en17 actment of this Act, that criminals and other prohib18 ited persons do not obtain firearms at gun shows,

19 flea markets, and other organized events.

20 (b) DEFINITIONS.—Section 921(a) of title 18, United

21 States Code, is amended by adding at the end the fol22 lowing:

23 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any

24 event—
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1 ‘‘(A) at which 50 or more firearms are offered

2 or exhibited for sale, transfer, or exchange, if 1 or

3 more of the firearms has been shipped or trans4 ported in, or otherwise affects, interstate or foreign

5 commerce; and

6 ‘‘(B) at which—

7 ‘‘(i) not less than 20 percent of the exhibi8 tors are firearm exhibitors;

9 ‘‘(ii) there are not less than 10 firearm ex10 hibitors; or

11 ‘‘(iii) 50 or more firearms are offered for

12 sale, transfer, or exchange.

13 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show

14 promoter’ means any person who organizes, plans, pro15 motes, or operates a gun show.

16 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show

17 vendor’ means any person who exhibits, sells, offers for

18 sale, transfers, or exchanges 1 or more firearms at a gun

19 show, regardless of whether or not the person arranges

20 with the gun show promoter for a fixed location from

21 which to exhibit, sell, offer for sale, transfer, or exchange

22 1 or more firearms.’’

23 (c) REGULATION OF FIREARMS TRANSFERS AT GUN

24 SHOWS.—
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1 (1) IN GENERAL.—Chapter 44 of title 18,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘§ 931. Regulation of firearms transfers at gun shows

5 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

6 It shall be unlawful for any person to organize, plan, pro7 mote, or operate a gun show unless that person—

8 ‘‘(1) registers with the Secretary in accordance

9 with regulations promulgated by the Secretary; and

10 ‘‘(2) pays a registration fee, in an amount de11 termined by the Secretary.

12 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO13 MOTERS.—It shall be unlawful for any person to organize,

14 plan, promote, or operate a gun show unless that person—

15 ‘‘(1) before commencement of the gun show,

16 verifies the identity of each gun show vendor partici17 pating in the gun show by examining a valid identi18 fication document (as defined in section 1028(d)(1))

19 of the vendor containing a photograph of the vendor;

20 ‘‘(2) before commencement of the gun show, re21 quires each gun show vendor to sign—

22 ‘‘(A) a ledger with identifying information

23 concerning the vendor; and
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1 ‘‘(B) a notice advising the vendor of the

2 obligations of the vendor under this chapter;

3 and

4 ‘‘(3) notifies each person who attends the gun

5 show of the requirements of this chapter, in accord6 ance with such regulations as the Secretary shall

7 prescribe; and

8 ‘‘(4) maintains a copy of the records described

9 in paragraphs (1) and (2) at the permanent place of

10 business of the gun show promoter for such period

11 of time and in such form as the Secretary shall re12 quire by regulation.

13 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

14 THAN LICENSEES.—

15 ‘‘(1) IN GENERAL.—If any part of a firearm

16 transaction takes place at a gun show, it shall be

17 unlawful for any person who is not licensed under

18 this chapter to transfer a firearm to another person

19 who is not licensed under this chapter, unless the

20 firearm is transferred through a licensed importer,

21 licensed manufacturer, or licensed dealer in accord22 ance with subsection (e).

23 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per24 son who is subject to the requirement of paragraph

25 (1)—
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1 ‘‘(A) shall not transfer the firearm to the

2 transferee until the licensed importer, licensed

3 manufacturer, or licensed dealer through which

4 the transfer is made under subsection (e)

5 makes the notification described in subsection

6 (e)(3)(A); and

7 ‘‘(B) notwithstanding subparagraph (A),

8 shall not transfer the firearm to the transferee

9 if the licensed importer, licensed manufacturer,

10 or licensed dealer through which the transfer is

11 made under subsection (e) makes the notifica12 tion described in subsection (e)(3)(B).

13 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE14 MENTS.—Nothing in this section shall permit or au15 thorize the Secretary to impose recordkeeping re16 quirements on any nonlicensed vendor.

17 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

18 THAN LICENSEES.—

19 ‘‘(1) IN GENERAL.—If any part of a firearm

20 transaction takes place at a gun show, it shall be

21 unlawful for any person who is not licensed under

22 this chapter to receive a firearm from another per23 son who is not licensed under this chapter, unless

24 the firearm is transferred through a licensed im-
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1 porter, licensed manufacturer, or licensed dealer in

2 accordance with subsection (e).

3 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per4 son who is subject to the requirement of paragraph

5 (1)—

6 ‘‘(A) shall not receive the firearm from the

7 transferor until the licensed importer, licensed

8 manufacturer, or licensed dealer through which

9 the transfer is made under subsection (e)

10 makes the notification described in subsection

11 (e)(3)(A); and

12 ‘‘(B) notwithstanding subparagraph (A),

13 shall not receive the firearm from the transferor

14 if the licensed importer, licensed manufacturer,

15 or licensed dealer through which the transfer is

16 made under subsection (e) makes the notifica17 tion described in subsection (e)(3)(B).

18 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

19 importer, licensed manufacturer, or licensed dealer who

20 agrees to assist a person who is not licensed under this

21 chapter in carrying out the responsibilities of that person

22 under subsection (c) or (d) with respect to the transfer

23 of a firearm shall—
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1 ‘‘(1) enter such information about the firearm

2 as the Secretary may require by regulation into a

3 separate bound record;

4 ‘‘(2) record the transfer on a form specified by

5 the Secretary;

6 ‘‘(3) comply with section 922(t) as if transfer7 ring the firearm from the inventory of the licensed

8 importer, licensed manufacturer, or licensed dealer

9 to the designated transferee (although a licensed im10 porter, licensed manufacturer, or licensed dealer

11 complying with this subsection shall not be required

12 to comply again with the requirements of section

13 922(t) in delivering the firearm to the nonlicensed

14 transferor), and notify the nonlicensed transferor

15 and the nonlicensed transferee—

16 ‘‘(A) of such compliance; and

17 ‘‘(B) if the transfer is subject to the re18 quirements of section 922(t)(1), of any receipt

19 by the licensed importer, licensed manufacturer,

20 or licensed dealer of a notification from the na21 tional instant criminal background check sys22 tem that the transfer would violate section 922

23 or would violate State law;
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1 ‘‘(4) not later than 10 days after the date on

2 which the transfer occurs, submit to the Secretary a

3 report of the transfer, which report—

4 ‘‘(A) shall be on a form specified by the

5 Secretary by regulation; and

6 ‘‘(B) shall not include the name of or other

7 identifying information relating to any person

8 involved in the transfer who is not licensed

9 under this chapter;

10 ‘‘(5) if the licensed importer, licensed manufac11 turer, or licensed dealer assists a person other than

12 a licensee in transferring, at 1 time or during any

13 5 consecutive business days, 2 or more pistols or re14 volvers, or any combination of pistols and revolvers

15 totaling 2 or more, to the same nonlicensed person,

16 in addition to the reports required under paragraph

17 (4), prepare a report of the multiple transfers, which

18 report shall be—

19 ‘‘(A) prepared on a form specified by the

20 Secretary; and

21 ‘‘(B) not later than the close of business

22 on the date on which the transfer occurs, for23 warded to—

24 ‘‘(i) the office specified on the form

25 described in subparagraph (A); and
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1 ‘‘(ii) the appropriate State law en2 forcement agency of the jurisdiction in

3 which the transfer occurs; and

4 ‘‘(6) retain a record of the transfer as part of

5 the permanent business records of the licensed im6 porter, licensed manufacturer, or licensed dealer.

7 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any

8 part of a firearm transaction takes place at a gun show,

9 each licensed importer, licensed manufacturer, and li10 censed dealer who transfers 1 or more firearms to a person

11 who is not licensed under this chapter shall, not later than

12 10 days after the date on which the transfer occurs, sub13 mit to the Secretary a report of the transfer, which

14 report—

15 ‘‘(1) shall be in a form specified by the Sec16 retary by regulation;

17 ‘‘(2) shall not include the name of or other

18 identifying information relating to the transferee;

19 and

20 ‘‘(3) shall not duplicate information provided in

21 any report required under subsection (e)(4).

22 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec23 tion, the term ‘firearm transaction’—

24 ‘‘(1) includes the offer for sale, sale, transfer,

25 or exchange of a firearm; and
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1 ‘‘(2) does not include the mere exhibition of a

2 firearm.’’.

3 (2) PENALTIES.—Section 924(a) of title 18,

4 United States Code, is amended by adding at the

5 end the following:

6 ‘‘(7)(A) Whoever knowingly violates section 931(a)

7 shall be fined under this title, imprisoned not more than

8 5 years, or both.

9 ‘‘(B) Whoever knowingly violates subsection (b) or (c)

10 of section 931, shall be—

11 ‘‘(i) fined under this title, imprisoned not more

12 than 2 years, or both; and

13 ‘‘(ii) in the case of a second or subsequent con14 viction, such person shall be fined under this title,

15 imprisoned not more than 5 years, or both.

16 ‘‘(C) Whoever willfully violates section 931(d), shall

17 be—

18 ‘‘(i) fined under this title, imprisoned not more

19 than 2 years, or both; and

20 ‘‘(ii) in the case of a second or subsequent con21 viction, such person shall be fined under this title,

22 imprisoned not more than 5 years, or both.

23 ‘‘(D) Whoever knowingly violates subsection (e) or (f)

24 of section 931 shall be fined under this title, imprisoned

25 not more than 5 years, or both.
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1 ‘‘(E) In addition to any other penalties imposed

2 under this paragraph, the Secretary may, with respect to

3 any person who knowingly violates any provision of section

4 931—

5 ‘‘(i) if the person is registered pursuant to sec6 tion 931(a), after notice and opportunity for a hear7 ing, suspend for not more than 6 months or revoke

8 the registration of that person under section 931(a);

9 and

10 ‘‘(ii) impose a civil fine in an amount equal to

11 not more than $10,000.’’.

12 (3) TECHNICAL AND CONFORMING AMEND13 MENTS.—Chapter 44 of title 18, United States

14 Code, is amended—

15 (A) in the chapter analysis, by adding at

16 the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’;

17 and

18 (B) in the first sentence of section 923(j),

19 by striking ‘‘a gun show or event’’ and inserting

20 ‘‘an event’’; and

21 (d) INSPECTION AUTHORITY.—Section 923(g)(1) is

22 amended by adding at the end the following:

23 ‘‘(E) Notwithstanding subparagraph (B), the Sec24 retary may enter during business hours the place of busi25 ness of any gun show promoter and any place where a
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1 gun show is held for the purposes of examining the records

2 required by sections 923 and 931 and the inventory of

3 licensees conducting business at the gun show. Such entry

4 and examination shall be conducted for the purposes of

5 determining compliance with this chapter by gun show

6 promoters and licensees conducting business at the gun

7 show and shall not require a showing of reasonable cause

8 or a warrant.’’.

9 (e) INCREASED PENALTIES FOR SERIOUS RECORD10 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)

11 of title 18, United States Code, is amended to read as

12 follows:

13 ‘‘(3)(A) Except as provided in subparagraph (B), any

14 licensed dealer, licensed importer, licensed manufacturer,

15 or licensed collector who knowingly makes any false state16 ment or representation with respect to the information re17 quired by this chapter to be kept in the records of a person

18 licensed under this chapter, or violates section 922(m)

19 shall be fined under this title, imprisoned not more than

20 1 year, or both.

21 ‘‘(B) If the violation described in subparagraph (A)

22 is in relation to an offense—

23 ‘‘(i) under paragraph (1) or (3) of section

24 922(b), such person shall be fined under this title,

25 imprisoned not more than 5 years, or both; or
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1 ‘‘(ii) under subsection (a)(6) or (d) of section

2 922, such person shall be fined under this title, im3 prisoned not more than 10 years, or both.’’.

4 (f) INCREASED PENALTIES FOR VIOLATIONS OF

5 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

6 (1) PENALTIES.—Section 924 of title 18,

7 United States Code, is amended—

8 (A) in paragraph (5), by striking ‘‘sub9 section (s) or (t) of section 922’’ and inserting

10 ‘‘section 922(s)’’; and

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

12 ‘‘(8) Whoever knowingly violates section 922(t) shall

13 be fined under this title, imprisoned not more than 5

14 years, or both.’’.

15 (2) ELIMINATION OF CERTAIN ELEMENTS OF

16 OFFENSE.—Section 922(t)(5) of title 18, United

17 States Code, is amended by striking ‘‘and, at the

18 time’’ and all that follows through ‘‘State law’’.

19 (g) GUN OWNER PRIVACY AND PREVENTION OF

20 FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section

21 922(t)(2)(C) of title 18, United States Code, is amended

22 by inserting before the period at the end the following:

23 ‘‘, as soon as possible, consistent with the responsibility

24 of the Attorney General under section 103(h) of the Brady

25 Handgun Violence Prevention Act to ensure the privacy
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1 and security of the system and to prevent system fraud

2 and abuse, but in no event later than 90 days after the

3 date on which the licensee first contacts the system with

4 respect to the transfer’’.

5 (h) EFFECTIVE DATE.—This section (other than sub6 section (i)) and the amendments made by this section shall

7 take effect 180 days after the date of enactment of this

8 Act.

9 (i) INAPPLICABILITY OF OTHER PROVISIONS.—Not10 withstanding any other provision of this Act, the provi11 sions of the title headed ‘‘GENERAL FIREARM

12 PROVISIONS’’ (as added by the amendment of Mr.

13 Craig number 332) and the provisions of the section head14 ed ‘‘APPLICATION OF SECTION 923 (j) AND

15 (m)’’ (as added by the amendment of Mr. Hatch number

16 344) shall be null and void.

17 SEC. 1636. APPROPRIATE INTERVENTIONS AND SERVICES;

18 CLARIFICATION OF FEDERAL LAW.

19 (a) APPROPRIATE INTERVENTIONS AND SERVICES.—

20 School personnel shall ensure that immediate appropriate

21 interventions and services, including mental health inter22 ventions and services, are provided to a child removed

23 from school for any act of violence, including carrying or

24 possessing a weapon to or at a school, on school premises,
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1 or to or at a school function under the jurisdiction of a

2 State or local educational agency, in order to—

3 (1) to ensure that our Nation’s schools and

4 communities are safe; and

5 (2) maximize the likelihood that such child shall

6 not engage in such behaviors, or such behaviors do

7 not reoccur.

8 (b) CLARIFICATION OF FEDERAL LAW.—Nothing in

9 Federal law shall be construed—

10 (1) to prohibit an agency from reporting a

11 crime committed by a child, including a child with

12 a disability, to appropriate authorities; or

13 (2) to prevent State law enforcement and judi14 cial authorities from exercising their responsibilities

15 with regard to the application of Federal and State

16 law to a crime committed by a child, including a

17 child with a disability.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) AUTHORIZATION.—There are authorized to

20 be appropriated to pay the costs of the interventions

21 and services described in subsection (a) such sums

22 as may be necessary for each of the fiscal years

23 2000 through 2004.
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1 (2) DISTRIBUTION.—The Secretary of Edu2 cation shall provide for the distribution of the funds

3 made 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 fis10 cal year in the same manner as funds are dis11 tributed to local educational agencies under sec12 tion 4113(d)(2) of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C.

14 7113(d)(2)) for the fiscal year.

15 SEC. 1637. SAFE SCHOOLS.

16 (a) AMENDMENTS.—Part F of title XIV of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C.

18 8921 et seq.) is amended as follows:

19 (1) SHORT TITLE.—Section 14601(a) is amend20 ed by replacing ‘‘Gun-Free’’ with ‘‘Safe’’, and

21 ‘‘1994’’ 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

25 of an illegal drug, on school property under the ju-
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1 risdiction of, or in a vehicle operated by an employee

2 or 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)

14 of 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

2 Export Act (21 U.S.C. 951 et seq.)’, before the

3 period.

4 ‘‘(D) the term ‘felonious quantities of an

5 illegal 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

12 to 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 amend17 ed 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

5 inserting ‘‘current’’ before ‘‘policy’’, by striking

6 ‘‘in effect on October 20, 1994’’, by striking all

7 the matter after ‘‘schools’’ and inserting a pe8 riod thereafter, and by inserting before ‘‘engag9 ing’’ the following: ‘‘possessing illegal drugs, or

10 illegal drug paraphernalia, on school property,

11 or in vehicles operated by employees or agents

12 of, schools or local educational agencies, or’’.

13 (b) COMPLIANCE DATE; REPORTING.—(1) States

14 shall have 2 years from the date of enactment of this Act

15 to comply with the requirements established in the amend16 ments 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

19 Congress a report on any State that is not in compliance

20 with 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

23 Congress a report analyzing the strengths and weaknesses

24 of approaches regarding the disciplining of children with

25 disabilities.
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1 SEC. 1638. SCHOOL COUNSELING.

2 Section 10102 of the Elementary and Secondary

3 Education Act of 1965 (20 U.S.C. 8002) is amended to

4 read 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 agen10 cies to enable the local educational agencies to estab11 lish or expand elementary school counseling pro12 grams.

13 ‘‘(2) PRIORITY.—In awarding grants under this

14 section, the Secretary shall give special consideration

15 to applications describing programs that—

16 ‘‘(A) demonstrate the greatest need for

17 new or additional counseling services among the

18 children in the schools served by the applicant;

19 ‘‘(B) propose the most promising and inno20 vative approaches for initiating or expanding

21 school counseling; and

22 ‘‘(C) show the greatest potential for rep23 lication and dissemination.

24 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

25 grants under this section, the Secretary shall ensure

26 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

7 section shall not exceed $400,000 for any fiscal year.

8 ‘‘(b) APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—Each local educational

10 agency desiring a grant under this section shall sub11 mit an application to the Secretary at such time, in

12 such manner, and accompanied by such information

13 as the 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 per18 sonal, social, emotional, educational, and career

19 development needs of such population, and the

20 current 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

25 needs 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

5 be undertaken with institutions of higher edu6 cation, businesses, labor organizations, commu7 nity groups, social service agencies, and other

8 public or private entities to enhance the pro9 gram and promote school-linked services inte10 gration;

11 ‘‘(E) describe collaborative efforts with in12 stitutions of higher education which specifically

13 seek to enhance or improve graduate programs

14 specializing in the preparation of school coun15 selors, school psychologists, and school social

16 workers;

17 ‘‘(F) document that the applicant has the

18 personnel qualified to develop, implement, and

19 administer the program;

20 ‘‘(G) describe how any diverse cultural

21 populations, if applicable, would be served

22 through the program;

23 ‘‘(H) assure that the funds made available

24 under this part for any fiscal year will be used

25 to supplement and, to the extent practicable, in-
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1 crease the level of funds that would otherwise

2 be available from non-Federal sources for the

3 program described in the application, and in no

4 case supplant such funds from non-Federal

5 sources; and

6 ‘‘(I) assure that the applicant will appoint

7 an advisory board composed of parents, school

8 counselors, school psychologists, school social

9 workers, other pupil services personnel, teach10 ers, school administrators, and community lead11 ers to advise the local educational agency on the

12 design and implementation of the program.

13 ‘‘(c) USE OF FUNDS.—

14 ‘‘(1) IN GENERAL.—Grant funds under this sec15 tion shall be used to initiate or expand school coun16 seling programs that comply with the requirements

17 in paragraph (2).

18 ‘‘(2) PROGRAM REQUIREMENTS.—Each pro19 gram assisted under this section shall—

20 ‘‘(A) be comprehensive in addressing the

21 personal, social, emotional, and educational

22 needs of all students;

23 ‘‘(B) use a developmental, preventive ap24 proach to counseling;
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1 ‘‘(C) increase the range, availability, quan2 tity, and quality of counseling services in the el3 ementary schools of the local educational agen4 cy;

5 ‘‘(D) expand counseling services only

6 through qualified school counselors, school psy7 chologists, and school social workers;

8 ‘‘(E) use innovative approaches to increase

9 children’s understanding of peer and family re10 lationships, work and self, decisionmaking, or

11 academic and career planning, or to improve so12 cial functioning;

13 ‘‘(F) provide counseling services that are

14 well-balanced among classroom group and small

15 group counseling, individual counseling, and

16 consultation with parents, teachers, administra17 tors, and other pupil services personnel;

18 ‘‘(G) include inservice training for school

19 counselors, school social workers, school psy20 chologists, other pupil services personnel, teach21 ers, and instructional staff;

22 ‘‘(H) involve parents of participating stu23 dents in the design, implementation, and eval24 uation of a counseling program;
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1 ‘‘(I) involve collaborative efforts with insti2 tutions of higher education, businesses, labor

3 organizations, community groups, social service

4 agencies, or other public or private entities to

5 enhance the program and promote school-linked

6 services integration;

7 ‘‘(J) evaluate annually the effectiveness

8 and outcomes of the counseling services and ac9 tivities assisted under this section;

10 ‘‘(K) ensure a team approach to school

11 counseling by maintaining a ratio in the ele12 mentary schools of the local educational agency

13 that does not exceed 1 school counselor to 250

14 students, 1 school social worker to 800 stu15 dents, and 1 school psychologist to 1,000 stu16 dents; and

17 ‘‘(L) ensure that school counselors, school

18 psychologists, or school social workers paid

19 from funds made available under this section

20 spend at least 85 percent of their total

21 worktime at the school in activities directly re22 lated to the counseling process and not more

23 than 15 percent of such time on administrative

24 tasks that are associated with the counseling

25 program.
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1 ‘‘(3) REPORT.—The Secretary shall issue a re2 port evaluating the programs assisted pursuant to

3 each grant under this subsection at the end of each

4 grant period in accordance with section 14701, but

5 in no case later than January 30, 2003.

6 ‘‘(4) DISSEMINATION.—The Secretary shall

7 make the programs assisted under this section avail8 able for dissemination, either through the National

9 Diffusion Network or other appropriate means.

10 ‘‘(5) LIMIT ON ADMINISTRATION.—Not more

11 than five percent of the amounts made available

12 under this section in any fiscal year shall be used for

13 administrative costs to carry out this section.

14 ‘‘(d) DEFINITIONS.—For purposes of this section—

15 ‘‘(1) the term ‘school counselor’ means an indi16 vidual who has documented competence in coun17 seling children and adolescents in a school setting

18 and who—

19 ‘‘(A) possesses State licensure or certifi20 cation granted by an independent professional

21 regulatory authority;

22 ‘‘(B) in the absence of such State licensure

23 or certification, possesses national certification

24 in school counseling or a specialty of counseling
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1 granted by an independent professional organi2 zation; or

3 ‘‘(C) holds a minimum of a master’s de4 gree in school counseling from a program ac5 credited by the Council for Accreditation of

6 Counseling and Related Educational Programs

7 or the equivalent;

8 ‘‘(2) the term ‘school psychologist’ means an in9 dividual who—

10 ‘‘(A) possesses a minimum of 60 graduate

11 semester hours in school psychology from an in12 stitution of higher education and has completed

13 1,200 clock hours in a supervised school psy14 chology internship, of which 600 hours shall be

15 in the school setting;

16 ‘‘(B) possesses State licensure or certifi17 cation in the State in which the individual

18 works; or

19 ‘‘(C) in the absence of such State licensure

20 or certification, possesses national certification

21 by the National School Psychology Certification

22 Board;

23 ‘‘(3) the term ‘school social worker’ means an

24 individual who holds a master’s degree in social

25 work and is licensed or certified by the State in
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1 which services are provided or holds a school social

2 work specialist credential; and

3 ‘‘(4) the term ‘supervisor’ means an individual

4 who has the equivalent number of years of profes5 sional experience in such individual’s respective dis6 cipline as is required of teaching experience for the

7 supervisor or administrative credential in the State

8 of such individual.

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 $15,000,000 for fiscal year 2000 and such sums as may

12 be necessary for each of the 4 succeeding fiscal years.’’.

13 SEC. 1639. CRIMINAL PROHIBITION ON DISTRIBUTION OF

14 CERTAIN INFORMATION RELATING TO EX15 PLOSIVES, DESTRUCTIVE DEVICES, AND

16 WEAPONS OF MASS DESTRUCTION.

17 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

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

19 following:

20 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO

21 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

22 MASS DESTRUCTION.—

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

24 ‘‘(A) The term ‘destructive device’ has the

25 same meaning as in section 921(a)(4).
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1 ‘‘(B) The term ‘explosive’ has the same

2 meaning as in section 844(j).

3 ‘‘(C) The term ‘weapon of mass destruc4 tion’ has the same meaning as in section

5 2332a(c)(2).

6 ‘‘(2) PROHIBITION.—It shall be unlawful for

7 any person—

8 ‘‘(A) to teach or demonstrate the making

9 or use of an explosive, a destructive device, or

10 a weapon of mass destruction, or to distribute

11 by any means information pertaining to, in

12 whole or in part, the manufacture or use of an

13 explosive, destructive device, or weapon of mass

14 destruction, with the intent that the teaching,

15 demonstration, or information be used for, or in

16 furtherance of, an activity that constitutes a

17 Federal crime of violence; or

18 ‘‘(B) to teach or demonstrate to any per19 son the making or use of an explosive, a de20 structive device, or a weapon of mass destruc21 tion, or to distribute to any person, by any

22 means, information pertaining to, in whole or in

23 part, the manufacture or use of an explosive,

24 destructive device, or weapon of mass destruc25 tion, knowing that such person intends to use
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1 the teaching, demonstration, or information for,

2 or in furtherance of, an activity that constitutes

3 a Federal crime of violence.’’.

4 (b) PENALTIES.—Section 844 of title 18, United

5 States Code, is amended—

6 (1) in subsection (a), by striking ‘‘person who

7 violates any of subsections’’ and inserting the fol8 lowing: ‘‘person who—

9 ‘‘(1) violates any of subsections’’;

10 (2) by striking the period at the end and insert11 ing ‘‘; and’’;

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

13 ‘‘(2) violates subsection (p)(2) of section 842,

14 shall be fined under this title, imprisoned not more

15 than 20 years, or both.’’; and

16 (4) in subsection (j), by striking ‘‘and (i)’’ and

17 inserting ‘‘(i), and (p)’’.

18 Subtitle B—James Guelff Body

19 Armor Act

20 SEC. 1641. SHORT TITLE.

21 This subtitle may be cited as the ‘‘James Guelff Body

22 Armor Act of 1999’’.

23 SEC. 1642. FINDINGS.

24 Congress finds that—
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1 (1) nationally, police officers and ordinary citi2 zens are facing increased danger as criminals use

3 more deadly weaponry, body armor, and other so4 phisticated assault gear;

5 (2) crime at the local level is exacerbated by the

6 interstate movement of body armor and other as7 sault gear;

8 (3) there is a traffic in body armor moving in

9 or otherwise affecting interstate commerce, and ex10 isting Federal controls over such traffic do not ade11 quately enable the States to control this traffic with12 in their own borders through the exercise of their

13 police power;

14 (4) recent incidents, such as the murder of San

15 Francisco Police Officer James Guelff by an assail16 ant wearing 2 layers of body armor and a 1997

17 bank shoot out in north Hollywood, California, be18 tween police and 2 heavily armed suspects outfitted

19 in body armor, demonstrate the serious threat to

20 community safety posed by criminals who wear body

21 armor during the commission of a violent crime;

22 (5) of the approximately 1,200 officers killed in

23 the line of duty since 1980, more than 30 percent

24 could have been saved by body armor, and the risk
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1 of dying from gunfire is 14 times higher for an offi2 cer without a bulletproof vest;

3 (6) the Department of Justice has estimated

4 that 25 percent of State and local police are not

5 issued body armor;

6 (7) the Federal Government is well-equipped to

7 grant local police departments access to body armor

8 that is no longer needed by Federal agencies; and

9 (8) Congress has the power, under the inter10 state commerce clause and other provisions of the

11 Constitution of the United States, to enact legisla12 tion to regulate interstate commerce that affects the

13 integrity and safety of our communities.

14 SEC. 1643. DEFINITIONS.

15 In this subtitle:

16 (1) BODY ARMOR.—The term ‘‘body armor’’

17 means any product sold or offered for sale, in inter18 state or foreign commerce, as personal protective

19 body covering intended to protect against gunfire,

20 regardless of whether the product is to be worn

21 alone or is sold as a complement to another product

22 or garment.

23 (2) LAW ENFORCEMENT AGENCY.—The term

24 ‘‘law enforcement agency’’ means an agency of the

25 United States, a State, or a political subdivision of
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1 a State, authorized by law or by a government agen2 cy to engage in or supervise the prevention, detec3 tion, investigation, or prosecution of any violation of

4 criminal law.

5 (3) LAW ENFORCEMENT OFFICER.—The term

6 ‘‘law enforcement officer’’ means any officer, agent,

7 or employee of the United States, a State, or a polit8 ical subdivision of a State, authorized by law or by

9 a government agency to engage in or supervise the

10 prevention, detection, investigation, or prosecution of

11 any violation of criminal law.

12 SEC. 1644. AMENDMENT OF SENTENCING GUIDELINES

13 WITH RESPECT TO BODY ARMOR.

14 (a) SENTENCING ENHANCEMENT.—The United

15 States Sentencing Commission shall amend the Federal

16 sentencing guidelines to provide an appropriate sentencing

17 enhancement, increasing the offense level not less than 2

18 levels, for any offense in which the defendant used body

19 armor.

20 (b) APPLICABILITY.—No amendment made to the

21 Federal Sentencing Guidelines pursuant to this section

22 shall apply if the Federal offense in which the body armor

23 is used constitutes a violation of, attempted violation of,

24 or conspiracy to violate the civil rights of any person by
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1 a law enforcement officer acting under color of the author2 ity of such law enforcement officer.

3 SEC. 1645. PROHIBITION OF PURCHASE, USE, OR POSSES4 SION OF BODY ARMOR BY VIOLENT FELONS.

5 (a) DEFINITION OF BODY ARMOR.—Section 921 of

6 title 18, United States Code, is amended by adding at the

7 end the following:

8 ‘‘(35) The term ‘body armor’ means any prod9 uct sold or offered for sale, in interstate or foreign

10 commerce, as personal protective body covering in11 tended to protect against gunfire, regardless of

12 whether the product is to be worn alone or is sold

13 as a complement to another product or garment.’’.

14 (b) PROHIBITION.—

15 (1) IN GENERAL.—Chapter 44 of title 18,

16 United States Code, is amended by adding at the

17 end the following:

18 ‘‘§ 931. Prohibition on purchase, ownership, or pos19 session of body armor by violent felons

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

21 (b), it shall be unlawful for a person to purchase, own,

22 or possess body armor, if that person has been convicted

23 of a felony that is—

24 ‘‘(1) a crime of violence (as defined in section

25 16); or
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1 ‘‘(2) an offense under State law that would con2 stitute a crime of violence under paragraph (1) if it

3 occurred within the special maritime and territorial

4 jurisdiction of the United States.

5 ‘‘(b) AFFIRMATIVE DEFENSE.—

6 ‘‘(1) IN GENERAL.—It shall be an affirmative

7 defense under this section that—

8 ‘‘(A) the defendant obtained prior written

9 certification from his or her employer that the

10 defendant’s purchase, use, or possession of body

11 armor was necessary for the safe performance

12 of lawful business activity; and

13 ‘‘(B) the use and possession by the defend14 ant were limited to the course of such perform15 ance.

16 ‘‘(2) EMPLOYER.—In this subsection, the term

17 ‘employer’ means any other individual employed by

18 the defendant’s business that supervises defendant’s

19 activity. If that defendant has no supervisor, prior

20 written certification is acceptable from any other

21 employee of the business.’’.

22 (2) CLERICAL AMENDMENT.—The analysis for

23 chapter 44 of title 18, United States Code, is

24 amended by adding at the end the following:

‘‘931. Prohibition on purchase, ownership, or possession of body armor by violent felons.’’.
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1 (c) PENALTIES.—Section 924(a) of title 18, United

2 States Code, is amended by adding at the end the fol3 lowing:

4 ‘‘(7) Whoever knowingly violates section 931 shall be

5 fined under this title, imprisoned not more than 3 years,

6 or both.’’.

7 SEC. 1646. DONATION OF FEDERAL SURPLUS BODY ARMOR

8 TO STATE AND LOCAL LAW ENFORCEMENT

9 AGENCIES.

10 (a) DEFINITIONS.—In this section, the terms ‘‘Fed11 eral agency’’ and ‘‘surplus property’’ have the meanings

12 given such terms under section 3 of the Federal Property

13 and Administrative Services Act of 1949 (40 U.S.C. 472).

14 (b) DONATION OF BODY ARMOR.—Notwithstanding

15 section 203 of the Federal Property and Administrative

16 Services Act of 1949 (40 U.S.C. 484), the head of a Fed17 eral agency may donate body armor directly to any State

18 or local law enforcement agency, if such body armor is—

19 (1) in serviceable condition; and

20 (2) surplus property.

21 (c) NOTICE TO ADMINISTRATOR.—The head of a

22 Federal agency who donates body armor under this section

23 shall submit to the Administrator of General Services a

24 written notice identifying the amount of body armor do-
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1 nated and each State or local law enforcement agency that

2 received the body armor.

3 (d) DONATION BY CERTAIN OFFICERS.—

4 (1) DEPARTMENT OF JUSTICE.—In the admin5 istration of this section with respect to the Depart6 ment of Justice, in addition to any other officer of

7 the Department of Justice designated by the Attor8 ney General, the following officers may act as the

9 head of a Federal agency:

10 (A) The Administrator of the Drug En11 forcement Administration.

12 (B) The Director of the Federal Bureau of

13 Investigation.

14 (C) The Commissioner of the Immigration

15 and Naturalization Service.

16 (D) The Director of the United States

17 Marshals Service.

18 (2) DEPARTMENT OF THE TREASURY.—In the

19 administration of this section with respect to the De20 partment of the Treasury, in addition to any other

21 officer of the Department of the Treasury des22 ignated by the Secretary of the Treasury, the fol23 lowing officers may act as the head of a Federal

24 agency:
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1 (A) The Director of the Bureau of Alcohol,

2 Tobacco, and Firearms.

3 (B) The Commissioner of Customs.

4 (C) The Director of the United States Se5 cret Service.

6 SEC. 1647. ADDITIONAL FINDINGS; PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) Officer Dale Claxton of the Cortez, Colo9 rado, Police Department was shot and killed by bul10 lets that passed through the windshield of his police

11 car after he stopped a stolen truck, and his life may

12 have been saved if his police car had been equipped

13 with bullet resistant equipment;

14 (2) the number of law enforcement officers who

15 are killed in the line of duty would significantly de16 crease if every law enforcement officer in the United

17 States had access to additional bullet resistant

18 equipment;

19 (3) according to studies, between 1985 and

20 1994, 709 law enforcement officers in the United

21 States were feloniously killed in the line of duty;

22 (4) the Federal Bureau of Investigation esti23 mates that the risk of fatality to law enforcement of24 ficers while not wearing bullet resistant equipment,
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1 such as an armor vest, is 14 times higher than for

2 officers wearing an armor vest;

3 (5) according to studies, between 1985 and

4 1994, bullet-resistant materials helped save the lives

5 of more than 2,000 law enforcement officers in the

6 United States; and

7 (6) the Executive Committee for Indian Coun8 try Law Enforcement Improvements reports that

9 violent crime in Indian country has risen sharply de10 spite a decrease in the national crime rate, and has

11 concluded that there is a ‘‘public safety crisis in In12 dian country’’.

13 (b) PURPOSE.—The purpose of this chapter is to save

14 lives of law enforcement officers by helping State, local,

15 and tribal law enforcement agencies provide officers with

16 bullet resistant equipment and video cameras.

17 SEC. 1648. MATCHING GRANT PROGRAMS FOR LAW EN18 FORCEMENT BULLET RESISTANT EQUIP19 MENT AND FOR VIDEO CAMERAS.

20 (a) IN GENERAL.—Part Y of title I of the Omnibus

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

22 3796ll et seq.) is amended—

23 (1) by striking the part designation and part

24 heading and inserting the following:
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1 ‘‘PART Y—MATCHING GRANT PROGRAMS

2 FOR LAW ENFORCEMENT

3 ‘‘Subpart A—Grant Program For Armor

4 Vests’’;

5 (2) by striking ‘‘this part’’ each place it appears

6 and inserting ‘‘this subpart’’; and

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

8 ‘‘Subpart B—Grant Program For Bullet

9 Resistant Equipment

10 ‘‘SEC. 2511. PROGRAM AUTHORIZED.

11 ‘‘(a) IN GENERAL.—The Director of the Bureau of

12 Justice Assistance is authorized to make grants to

13 States, units of local government, and Indian tribes to

14 purchase bullet resistant equipment for use by State,

15 local, and tribal law enforcement officers.

16 ‘‘(b) USES OF FUNDS.—Grants awarded under this

17 section shall be—

18 ‘‘(1) distributed directly to the State, unit of

19 local government, or Indian tribe; and

20 ‘‘(2) used for the purchase of bullet resistant

21 equipment for law enforcement officers in the juris22 diction of the grantee.

23 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

24 grants under this subpart, the Director of the Bureau of
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1 Justice Assistance may give preferential consideration, if

2 feasible, to an application from a jurisdiction that—

3 ‘‘(1) has the greatest need for bullet resistant

4 equipment based on the percentage of law enforce5 ment officers in the department who do not have ac6 cess to a vest;

7 ‘‘(2) has a violent crime rate at or above the

8 national average as determined by the Federal Bu9 reau of Investigation; or

10 ‘‘(3) has not received a block grant under the

11 Local Law Enforcement Block Grant program de12 scribed under the heading ‘Violent Crime Reduction

13 Programs, State and Local Law Enforcement As14 sistance’ of the Departments of Commerce, Justice,

15 and State, the Judiciary, and Related Agencies Ap16 propriations Act, 1998 (Public Law 105–119).

17 ‘‘(d) MINIMUM AMOUNT.—Unless all eligible applica18 tions submitted by any State or unit of local government

19 within such State for a grant under this section have been

20 funded, such State, together with grantees within the

21 State (other than Indian tribes), shall be allocated in each

22 fiscal year under this section not less than 0.25 percent

23 of the total amount appropriated in the fiscal year for

24 grants pursuant to this section except that the United

25 States Virgin Islands, American Samoa, Guam, and the
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1 Northern Mariana Islands shall each be allocated 0.10

2 percent.

3 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

4 local government, or Indian tribe may not receive more

5 than 5 percent of the total amount appropriated in each

6 fiscal year for grants under this section, except that a

7 State, together with the grantees within the State may not

8 receive more than 20 percent of the total amount appro9 priated in each fiscal year for grants under this section.

10 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

11 a program provided by a grant under subsection (a) may

12 not exceed 50 percent. Any funds appropriated by Con13 gress for the activities of any agency of an Indian tribal

14 government or the Bureau of Indian Affairs performing

15 law enforcement functions on any Indian lands may be

16 used to provide the non-Federal share of a matching re17 quirement funded under this subsection.

18 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

19 funds available under this subpart shall be awarded to

20 units of local government with fewer than 100,000 resi21 dents.

22 ‘‘SEC. 2512. APPLICATIONS.

23 ‘‘(a) IN GENERAL.—To request a grant under this

24 subpart, the chief executive of a State, unit of local gov25 ernment, or Indian tribe shall submit an application to
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1 the Director of the Bureau of Justice Assistance in such

2 form and containing such information as the Director may

3 reasonably require.

4 ‘‘(b) REGULATIONS.—Not later than 90 days after

5 the date of the enactment of this subpart, the Director

6 of the Bureau of Justice Assistance shall promulgate regu7 lations to implement this section (including the informa8 tion that must be included and the requirements that the

9 States, units of local government, and Indian tribes must

10 meet) in submitting the applications required under this

11 section.

12 ‘‘(c) ELIGIBILITY.—A unit of local government that

13 receives funding under the Local Law Enforcement Block

14 Grant program (described under the heading ‘Violent

15 Crime Reduction Programs, State and Local Law En16 forcement Assistance’ of the Departments of Commerce,

17 Justice, and State, the Judiciary, and Related Agencies

18 Appropriations Act, 1998 (Public Law 104–119)) during

19 a fiscal year in which it submits an application under this

20 subpart shall not be eligible for a grant under this subpart

21 unless the chief executive officer of such unit of local gov22 ernment certifies and provides an explanation to the Di23 rector that the unit of local government considered or will

24 consider using funding received under the block grant pro25 gram for any or all of the costs relating to the purchase
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1 of bullet resistant equipment, but did not, or does not ex2 pect to use such funds for such purpose.

3 ‘‘SEC. 2513. DEFINITIONS.

4 ‘‘In this subpart—

5 ‘‘(1) the term ‘equipment’ means windshield

6 glass, car panels, shields, and protective gear;

7 ‘‘(2) the term ‘State’ means each of the 50

8 States, the District of Columbia, the Commonwealth

9 of Puerto Rico, the United States Virgin Islands,

10 American Samoa, Guam, and the Northern Mariana

11 Islands;

12 ‘‘(3) the term ‘unit of local government’ means

13 a county, municipality, town, township, village, par14 ish, borough, or other unit of general government

15 below the State level;

16 (4) the term ‘Indian tribe’ has the same mean17 ing as in section 4(e) of the Indian Self-Determina18 tion and Education Assistance Act (25 U.S.C.

19 450b(e)); and

20 ‘‘(5) the term ‘law enforcement officer’ means

21 any officer, agent, or employee of a State, unit of

22 local government, or Indian tribe authorized by law

23 or by a government agency to engage in or supervise

24 the prevention, detection, or investigation of any vio-
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1 lation of criminal law, or authorized by law to super2 vise sentenced criminal offenders.

3 ‘‘Subpart C—Grant Program For Video

4 Cameras

5 ‘‘SEC. 2521. PROGRAM AUTHORIZED.

6 ‘‘(a) IN GENERAL.—The Director of the Bureau of

7 Justice Assistance is authorized to make grants to States,

8 units of local government, and Indian tribes to purchase

9 video cameras for use by State, local, and tribal law en10 forcement agencies in law enforcement vehicles.

11 ‘‘(b) USES OF FUNDS.—Grants awarded under this

12 section shall be—

13 ‘‘(1) distributed directly to the State, unit of

14 local government, or Indian tribe; and

15 ‘‘(2) used for the purchase of video cameras for

16 law enforcement vehicles in the jurisdiction of the

17 grantee.

18 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

19 grants under this subpart, the Director of the Bureau of

20 Justice Assistance may give preferential consideration, if

21 feasible, to an application from a jurisdiction that—

22 ‘‘(1) has the greatest need for video cameras,

23 based on the percentage of law enforcement officers

24 in the department do not have access to a law en25 forcement vehicle equipped with a video camera;
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1 ‘‘(2) has a violent crime rate at or above the

2 national average as determined by the Federal Bu3 reau 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 As8 sistance’ of the Departments of Commerce, Justice,

9 and State, the Judiciary, and Related Agencies Ap10 propriations 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

15 State (other than Indian tribes), shall be allocated in each

16 fiscal year under this section not less than 0.25 percent

17 of the total amount appropriated in the fiscal year for

18 grants pursuant to this section, except that the United

19 States Virgin Islands, American Samoa, Guam, and the

20 Northern Mariana Islands shall each be allocated 0.10

21 percent.

22 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

23 local government, or Indian tribe may not receive more

24 than 5 percent of the total amount appropriated in each

25 fiscal year for grants under this section, except that a
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1 State, together with the grantees within the State may not

2 receive more than 20 percent of the total amount appro3 priated in each fiscal year for grants under this section.

4 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

5 a program provided by a grant under subsection (a) may

6 not exceed 50 percent. Any funds appropriated by Con7 gress for the activities of any agency of an Indian tribal

8 government or the Bureau of Indian Affairs performing

9 law enforcement functions on any Indian lands may be

10 used to provide the non-Federal share of a matching re11 quirement funded under this subsection.

12 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

13 funds available under this subpart shall be awarded to

14 units of local government with fewer than 100,000 resi15 dents.

16 ‘‘SEC. 2522. APPLICATIONS.

17 ‘‘(a) IN GENERAL.—To request a grant under this

18 subpart, the chief executive of a State, unit of local gov19 ernment, or Indian tribe shall submit an application to

20 the Director of the Bureau of Justice Assistance in such

21 form and containing such information as the Director may

22 reasonably require.

23 ‘‘(b) REGULATIONS.—Not later than 90 days after

24 the date of the enactment of this subpart, the Director

25 of the Bureau of Justice Assistance shall promulgate regu-
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1 lations to implement this section (including the informa2 tion that must be included and the requirements that the

3 States, units of local government, and Indian tribes must

4 meet) in submitting the applications required under this

5 section.

6 ‘‘(c) ELIGIBILITY.—A unit of local government that

7 receives funding under the Local Law Enforcement Block

8 Grant program (described under the heading ‘Violent

9 Crime Reduction Programs, State and Local Law En10 forcement Assistance’ of the Departments of Commerce,

11 Justice, and State, the Judiciary, and Related Agencies

12 Appropriations Act, 1998 (Public Law 105–119)) during

13 a fiscal year in which it submits an application under this

14 subpart shall not be eligible for a grant under this subpart

15 unless the chief executive officer of such unit of local gov16 ernment certifies and provides an explanation to the Di17 rector that the unit of local government considered or will

18 consider using funding received under the block grant pro19 gram for any or all of the costs relating to the purchase

20 of video cameras, but did not, or does not expect to use

21 such funds for such purpose.

22 ‘‘SEC. 2523. DEFINITIONS.

23 ‘‘In this subpart—

24 ‘‘(1) the term ‘Indian tribe’ has the same mean25 ing as in section 4(e) of the Indian Self-Determina-
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1 tion and Education Assistance Act (25 U.S.C.

2 450b(e));

3 ‘‘(2) the term ‘law enforcement officer’ means

4 any officer, agent, or employee of a State, unit of

5 local government, or Indian tribe authorized by law

6 or by a government agency to engage in or supervise

7 the prevention, detection, or investigation of any vio8 lation of criminal law, or authorized by law to super9 vise sentenced criminal offenders;

10 ‘‘(3) the term ‘State’ means each of the 50

11 States, the District of Columbia, the Commonwealth

12 of Puerto Rico, the United States Virgin Islands,

13 American Samoa, Guam, and the Northern Mariana

14 Islands; and

15 ‘‘(4) the term ‘unit of local government’ means

16 a county, municipality, town, township, village, par17 ish, borough, or other unit of general government

18 below the State level.’’.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

20 1001(a) of the Omnibus Crime Control and Safe Streets

21 Act of 1968 (42 U.S.C. 3793(a)) is amended by striking

22 paragraph (23) and inserting the following:

23 ‘‘(23) There are authorized to be appropriated to

24 carry out part Y—
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1 ‘‘(A) $25,000,000 for each of fiscal years 2000

2 through 2002 for grants under subpart A of that

3 part;

4 ‘‘(B) $40,000,000 for each of fiscal years 2000

5 through 2002 for grants under subpart B of that

6 part; and

7 ‘‘(C) $25,000,000 for each of fiscal years 2000

8 through 2002 for grants under subpart C of that

9 part.’’.

10 (c) CLERICAL AMENDMENTS.—The table of contents

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

12 Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

13 (1) by striking the item relating to the part

14 heading of part Y and inserting the following:

‘‘PART Y—MATCHING GRANTS PROGRAMS FOR LAW ENFORCEMENT

‘‘SUBPART A—GRANT PROGRAM FOR ARMOR VESTS’’; AND

15 (2) by adding at the end of the matter relating

16 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.’’.

17 SEC. 1649. SENSE OF CONGRESS.

18 In the case of any equipment or products that may

19 be authorized to be purchased with financial assistance
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1 provided using funds appropriated or otherwise made

2 available under subpart B or C of part Y of title I of the

3 Omnibus Crime Control and Safe Streets Act of 1968, as

4 added by this chapter, it is the sense of the Congress that

5 entities receiving the assistance should, in expending the

6 assistance, purchase only American-made equipment and

7 products.

8 SEC. 1650. TECHNOLOGY DEVELOPMENT.

9 Section 202 of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3722) is amended by add11 ing at the end the following:

12 ‘‘(e) BULLET RESISTANT TECHNOLOGY DEVELOP13 MENT.—

14 ‘‘(1) IN GENERAL.—The Institute is authorized

15 to—

16 ‘‘(A) conduct research and otherwise work

17 to develop new bullet resistant technologies (i.e.,

18 acrylic, polymers, aluminized material, and

19 transparent ceramics) for use in police equip20 ment (including windshield glass, car panels,

21 shields, and protective gear);

22 ‘‘(B) inventory bullet resistant technologies

23 used in the private sector, in surplus military

24 property, and by foreign countries;
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1 ‘‘(C) promulgate relevant standards for,

2 and conduct technical and operational testing

3 and evaluation of, bullet resistant technology

4 and equipment, and otherwise facilitate the use

5 of that technology in police equipment.

6 ‘‘(2) PRIORITY.—In carrying out this sub7 section, the Institute shall give priority in testing

8 and engineering surveys to law enforcement partner9 ships developed in coordination with High Intensity

10 Drug Trafficking Areas.

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated to carry out

13 this subsection $3,000,000 for fiscal years 2000

14 through 2002.’’.

15 SEC. 1651. MATCHING GRANT PROGRAM FOR LAW EN16 FORCEMENT ARMOR VESTS.

17 Section 2501(f) of the Omnibus Crime Control and

18 Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is

19 amended—

20 (1) by striking ‘‘The portion’’ and inserting the

21 following:

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 the portion’’; and

24 (2) by adding at the end the following:
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1 ‘‘(2) WAIVER.—The Director may waive, in

2 whole or in part, the requirement of paragraph (1)

3 in the case of fiscal hardship, as determined by the

4 Director.’’.

5 Subtitle C—Animal Enterprise

6 Terrorism and Ecoterrorism

7 SEC. 1652. ENHANCEMENT OF PENALTIES FOR ANIMAL EN8 TERPRISE TERRORISM.

9 Section 43 of title 18, United States Code, is

10 amended—

11 (1) in subsection (a)—

12 (A), by striking ‘‘under this title’’ and in13 serting ‘‘consistent with this title or double the

14 amount of damages, whichever is greater,’’; and

15 (B) by striking ‘‘one year’’ and inserting

16 ‘‘five years’’; and

17 (2) in subsection (b)—

18 (A) by redesignating paragraph (2) as

19 paragraph (3);

20 (B) by inserting after paragraph (1) the

21 following new paragraph (2):

22 ‘‘(2) EXPLOSIVES OR ARSON.—Who23 ever in the course of a violation of sub24 section (a) maliciously damages or de25 stroys, or attempts to damage or destroy,
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1 by means of fire or an explosive, any build2 ing, vehicle, or other real or personal prop3 erty used by the animal enterprise shall be

4 imprisoned for not less than 5 years and

5 not more than 20 years, fined under this

6 title, or both.’’; and

7 (C) in paragraph (3), as so redesignated,

8 by striking ‘‘under this title and’’ and all that

9 follows through the period and inserting ‘‘under

10 this title, imprisoned for life or for any term of

11 years, or sentenced to death.’’.

12 SEC. 1653. NATIONAL ANIMAL TERRORISM AND

13 ECOTERRORISM INCIDENT CLEARINGHOUSE.

14 (a) IN GENERAL.—The Director shall establish and

15 maintain a national clearinghouse for information on inci16 dents of crime and terrorism—

17 (1) committed against or directed at any animal

18 enterprise;

19 (2) committed against or directed at any com20 mercial activity because of the perceived impact or

21 effect of such commercial activity on the environ22 ment; or

23 (3) committed against or directed at any person

24 because of such person’s perceived connection with
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1 or support of any enterprise or activity described in

2 paragraph (1) or (2).

3 (b) CLEARINGHOUSE.—The clearinghouse established

4 under subsection (a) shall—

5 (1) accept, collect, and maintain information on

6 incidents described in subsection (a) that is sub7 mitted to the clearinghouse by Federal, State, and

8 local law enforcement agencies, by law enforcement

9 agencies of foreign countries, and by victims of such

10 incidents;

11 (2) collate and index such information for pur12 poses of cross-referencing; and

13 (3) upon request from a Federal, State, or local

14 law enforcement agency, or from a law enforcement

15 agency of a foreign country, provide such informa16 tion to assist in the investigation of an incident de17 scribed in subsection (a).

18 (c) SCOPE OF INFORMATION.—The information

19 maintained by the clearinghouse for each incident shall,

20 to the extent practicable, include—

21 (1) the date, time, and place of the incident;

22 (2) details of the incident;

23 (3) any available information on suspects or

24 perpetrators of the incident; and

25 (4) any other relevant information.
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1 (d) DESIGN OF CLEARINGHOUSE.—The clearing2 house shall be designed for maximum ease of use by par3 ticipating law enforcement agencies.

4 (e) PUBLICITY.—The Director shall publicize the ex5 istence of the clearinghouse to law enforcement agencies

6 by appropriate means.

7 (f) RESOURCES.—In establishing and maintaining

8 the clearinghouse, the Director may—

9 (1) through the Attorney General, utilize the re10 sources of any other department or agency of the

11 Federal Government; and

12 (2) accept assistance and information from pri13 vate organizations or individuals.

14 (g) COORDINATION.—The Director shall carry out

15 the Director’s responsibilities under this section in co16 operation with the Director of the Bureau of Alcohol, To17 bacco, and Firearms.

18 (h) DEFINITIONS.—In this section:

19 (1) The term ‘‘animal enterprise’’ has the same

20 meaning as in section 43 of title 18, United States

21 Code.

22 (2) The term ‘‘Director’’ means the Director of

23 the Federal Bureau of Investigation.

24 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

25 hereby authorized to be appropriated for fiscal years 2000,
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1 2001, 2002, 2003, and 2004 such sums as are necessary

2 to carry out this section.

3 Subtitle D—Jail-Based Substance

4 Abuse

5 SEC. 1654. JAIL-BASED SUBSTANCE ABUSE TREATMENT

6 PROGRAMS.

7 (a) USE OF RESIDENTIAL SUBSTANCE ABUSE

8 TREATMENT GRANTS TO PROVIDE AFTERCARE SERV9 ICES.—Section 1901 of part S of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1)

11 is amended by adding at the end the following:

12 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDEN13 TIAL AFTERCARE SERVICES.—A State may use amounts

14 received under this part to provide nonresidential sub15 stance abuse treatment aftercare services for inmates or

16 former inmates that meet the requirements of subsection

17 (c), if the chief executive officer of the State certifies to

18 the Attorney General that the State is providing, and will

19 continue to provide, an adequate level of residential treat20 ment services.’’.

21 (b) JAIL-BASED SUBSTANCE ABUSE TREATMENT.—

22 Part S of title I of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended

24 by adding at the end the following:
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1 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘(1) the term ‘jail-based substance abuse treat4 ment program’ means a course of individual and

5 group activities, lasting for a period of not less than

6 3 months, in an area of a correctional facility set

7 apart from the general population of the correctional

8 facility, if those activities are—

9 ‘‘(A) directed at the substance abuse prob10 lems of prisoners; and

11 ‘‘(B) intended to develop the cognitive, be12 havioral, social, vocational, and other skills of

13 prisoners in order to address the substance

14 abuse and related problems of prisoners; and

15 ‘‘(2) the term ‘local correctional facility’ means

16 any correctional facility operated by a unit of local

17 government.

18 ‘‘(b) AUTHORIZATION.—

19 ‘‘(1) IN GENERAL.—Not less than 10 percent of

20 the total amount made available to a State under

21 section 1904(a) for any fiscal year may be used by

22 the State to make grants to local correctional facili23 ties in the State for the purpose of assisting jail24 based substance abuse treatment programs estab25 lished by those local correctional facilities.
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1 ‘‘(2) FEDERAL SHARE.—The Federal share of a

2 grant made by a State under this section to a local

3 correctional facility may not exceed 75 percent of

4 the total cost of the jail-based substance abuse treat5 ment program described in the application submitted

6 under subsection (c) for the fiscal year for which the

7 program receives assistance under this section.

8 ‘‘(c) APPLICATIONS.—

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

10 grant from a State under this section for a jail11 based substance abuse treatment program, the chief

12 executive of a local correctional facility shall submit

13 to the State, in such form and containing such infor14 mation as the State may reasonably require, an ap15 plication that meets the requirements of paragraph

16 (2).

17 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap18 plication submitted under paragraph (1) shall

19 include—

20 ‘‘(A) with respect to the jail-based sub21 stance abuse treatment program for which as22 sistance is sought, a description of the program

23 and a written certification that—

24 ‘‘(i) the program has been in effect

25 for not less than 2 consecutive years before
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1 the date on which the application is sub2 mitted; and

3 ‘‘(ii) the local correctional facility

4 will—

5 ‘‘(I) coordinate the design and

6 implementation of the program be7 tween local correctional facility rep8 resentatives and the appropriate State

9 and local alcohol and substance abuse

10 agencies;

11 ‘‘(II) implement (or continue to

12 require) urinalysis or other proven re13 liable forms of substance abuse test14 ing of individuals participating in the

15 program, including the testing of indi16 viduals released from the jail-based

17 substance abuse treatment program

18 who remain in the custody of the local

19 correctional facility; and

20 ‘‘(III) carry out the program in

21 accordance with guidelines, which

22 shall be established by the State, in

23 order to guarantee each participant in

24 the program access to consistent, con25 tinual care if transferred to a dif-
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1 ferent local correctional facility within

2 the State;

3 ‘‘(B) written assurances that Federal

4 funds received by the local correctional facility

5 from the State under this section will be used

6 to supplement, and not to supplant, non-Fed7 eral funds that would otherwise be available for

8 jail-based substance abuse treatment programs

9 assisted with amounts made available to the

10 local correctional facility under this section; and

11 ‘‘(C) a description of the manner in which

12 amounts received by the local correctional facil13 ity from the State under this section will be co14 ordinated with Federal assistance for substance

15 abuse treatment and aftercare services provided

16 to the local correctional facility by the Sub17 stance Abuse and Mental Health Services Ad18 ministration of the Department of Health and

19 Human Services.

20 ‘‘(d) REVIEW OF APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—Upon receipt of an applica22 tion under subsection (c), the State shall—

23 ‘‘(A) review the application to ensure that

24 the application, and the jail-based residential

25 substance abuse treatment program for which a
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1 grant under this section is sought, meet the re2 quirements of this section; and

3 ‘‘(B) if so, make an affirmative finding in

4 writing that the jail-based substance abuse

5 treatment program for which assistance is

6 sought meets the requirements of this section.

7 ‘‘(2) APPROVAL.—Based on the review con8 ducted under paragraph (1), not later than 90 days

9 after the date on which an application is submitted

10 under subsection (c), the State shall—

11 ‘‘(A) approve the application, disapprove

12 the application, or request a continued evalua13 tion of the application for an additional period

14 of 90 days; and

15 ‘‘(B) notify the applicant of the action

16 taken under subparagraph (A) and, with re17 spect to any denial of an application under sub18 paragraph (A), afford the applicant an oppor19 tunity for reconsideration.

20 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

21 AFTERCARE COMPONENT.—

22 ‘‘(A) IN GENERAL.—In making grants

23 under this section, a State shall give preference

24 to applications from local correctional facilities

25 that ensure that each participant in the jail-
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1 based substance abuse treatment program for

2 which a grant under this section is sought, is

3 required to participate in an aftercare services

4 program that meets the requirements of sub5 paragraph (B), for a period of not less than 1

6 year following the earlier of—

7 ‘‘(i) the date on which the participant

8 completes the jail-based substance abuse

9 treatment program; or

10 ‘‘(ii) the date on which the participant

11 is released from the correctional facility at

12 the end of the participant’s sentence or is

13 released on parole.

14 ‘‘(B) AFTERCARE SERVICES PROGRAM RE15 QUIREMENTS.—For purposes of subparagraph

16 (A), an aftercare services program meets the re17 quirements of this paragraph if the program—

18 ‘‘(i) in selecting individuals for par19 ticipation in the program, gives priority to

20 individuals who have completed a jail-based

21 substance abuse treatment program;

22 ‘‘(ii) requires each participant in the

23 program to submit to periodic substance

24 abuse testing; and
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1 ‘‘(iii) involves the coordination be2 tween the jail-based substance abuse treat3 ment program and other human service

4 and rehabilitation programs that may as5 sist in the rehabilitation of program par6 ticipants, such as—

7 ‘‘(I) educational and job training

8 programs;

9 ‘‘(II) parole supervision pro10 grams;

11 ‘‘(III) half-way house programs;

12 and

13 ‘‘(IV) participation in self-help

14 and peer group programs; and

15 ‘‘(iv) assists in placing jail-based sub16 stance abuse treatment program partici17 pants with appropriate community sub18 stance abuse treatment facilities upon re19 lease from the correctional facility at the

20 end of a sentence or on parole.

21 ‘‘(e) COORDINATION AND CONSULTATION.—

22 ‘‘(1) COORDINATION.—Each State that makes

23 1 or more grants under this section in any fiscal

24 year shall, to the maximum extent practicable, im25 plement a statewide communications network with
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1 the capacity to track the participants in jail-based

2 substance abuse treatment programs established by

3 local correctional facilities in the State as those par4 ticipants move between local correctional facilities

5 within the State.

6 ‘‘(2) CONSULTATION.—Each State described in

7 paragraph (1) shall consult with the Attorney Gen8 eral and the Secretary of Health and Human Serv9 ices to ensure that each jail-based substance abuse

10 treatment program assisted with a grant made by

11 the State under this section incorporates applicable

12 components of comprehensive approaches, including

13 relapse prevention and aftercare services.

14 ‘‘(f) USE OF GRANT AMOUNTS.—

15 ‘‘(1) IN GENERAL.—Each local correctional fa16 cility that receives a grant under this section shall

17 use the grant amount solely for the purpose of car18 rying out the jail-based substance abuse treatment

19 program described in the application submitted

20 under subsection (c).

21 ‘‘(2) ADMINISTRATION.—Each local correctional

22 facility that receives a grant under this section shall

23 carry out all activities relating to the administration

24 of the grant amount, including reviewing the manner

25 in which the amount is expended, processing, moni-
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1 toring the progress of the program assisted, finan2 cial reporting, technical assistance, grant adjust3 ments, accounting, auditing, and fund disbursement.

4 ‘‘(3) RESTRICTION.—A local correctional facil5 ity may not use any amount of a grant under this

6 section for land acquisition or a construction project.

7 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE8 VIEW.—

9 ‘‘(1) REPORTING REQUIREMENT.—Not later

10 than March 1 of each year, each local correctional

11 facility that receives a grant under this section shall

12 submit to the Attorney General, through the State,

13 a description and evaluation of the jail-based sub14 stance abuse treatment program carried out by the

15 local correctional facility with the grant amount, in

16 such form and containing such information as the

17 Attorney General may reasonably require.

18 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

19 General shall conduct an annual review of each jail20 based substance abuse treatment program assisted

21 under this section, in order to verify the compliance

22 of local correctional facilities with the requirements

23 of this section.
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1 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing

2 in this section shall be construed to affect the allocation

3 of amounts to States under section 1904(a).’’.

4 (c) TECHNICAL AMENDMENT.—The table of contents

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

6 Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the

7 matter relating to part S, by adding at the end the fol8 lowing:

‘‘1906. Jail-based substance abuse treatment.’’.

9 Subtitle E—Safe School Security

10 SEC. 1655. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Safe School Secu12 rity Act of 1999’’.

13 SEC. 1656. ESTABLISHMENT OF SCHOOL SECURITY TECH14 NOLOGY CENTER.

15 (a) SCHOOL SECURITY TECHNOLOGY CENTER.—

16 (1) ESTABLISHMENT.—The Attorney General,

17 the Secretary of Education, and the Secretary of

18 Energy shall enter into an agreement for the estab19 lishment at the Sandia National Laboratories, in

20 partnership with the National Law Enforcement and

21 Corrections Technology Center—Southeast and the

22 National Center for Rural Law Enforcement, of a

23 center to be known as the ‘‘School Security Tech24 nology Center’’. The School Security Technology
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1 Center shall be administered by the Attorney Gen2 eral.

3 (2) FUNCTIONS.—The School Security Tech4 nology Center shall be a resource to local edu5 cational agencies for school security assessments, se6 curity technology development, technology avail7 ability and implementation, and technical assistance

8 relating to improving school security. The School Se9 curity Technology Center shall also conduct and

10 publish research on school violence, coalesce data

11 from victim groups, and monitor and report on

12 schools that implement school security strategies.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section—

15 (1) $3,700,000 for fiscal year 2000;

16 (2) $3,800,000 for fiscal year 2001; and

17 (3) $3,900,000 for fiscal year 2002.

18 SEC. 1657. GRANTS FOR LOCAL SCHOOL SECURITY PRO19 GRAMS.

20 Subpart 1 of part A of title IV of the Elementary

21 and Secondary Education Act of 1965 (20 U.S.C. 7111

22 et seq.) is amended by adding at the end the following:

23 ‘‘SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

24 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) GRANTS AUTHORIZED.—From amounts

2 appropriated under subsection (c), the Secretary

3 shall award grants on a competitive basis to local

4 educational agencies to enable the agencies to ac5 quire security technology for, or carry out activities

6 related to improving security at, the middle and sec7 ondary schools served by the agencies, including ob8 taining school security assessments, and technical

9 assistance, for the development of a comprehensive

10 school security plan from the School Security Tech11 nology Center.

12 ‘‘(2) APPLICATION.—To be eligible to receive a

13 grant under this section, a local educational agency

14 shall submit to the Secretary an application in such

15 form and containing such information as the Sec16 retary may require, including information relating to

17 the security needs of the agency.

18 ‘‘(3) PRIORITY.—In awarding grants under this

19 section, the Secretary shall give priority to local edu20 cational agencies that demonstrate the highest secu21 rity needs, as reported by the agency in the applica22 tion submitted under paragraph (2).

23 ‘‘(b) APPLICABILITY.—The provisions of this part

24 (other than this section) shall not apply to this section.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated to carry out this section

3 $10,000,000 for each of fiscal years 2000, 2001, and

4 2002.’’.

5 SEC. 1658. SAFE AND SECURE SCHOOL ADVISORY REPORT.

6 Not later than 1 year after the date of enactment

7 of this Act, the Attorney General, in consultation with the

8 Secretary of Education and the Secretary of Energy, or

9 their designees, shall—

10 (1) develop a proposal to further improve school

11 security; and

12 (2) submit that proposal to Congress.

13 Subtitle F—Internet Prohibitions

14 SEC. 1661. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Internet Firearms

16 and Explosives Advertising Act of 1999’’.

17 SEC. 1662. FINDINGS; PURPOSE.

18 Congress finds the following:

19 (1) Citizens have an individual right, under the

20 Second Amendment to the United States Constitu21 tion, to keep and bear arms. The Gun Control Act

22 of 1968 and the Firearms Owners Protection Act of

23 1986 specifically state that it is not the intent of

24 Congress to frustrate the free exercise of that right

25 in enacting Federal legislation. The free exercise of
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1 that right includes law abiding firearms owners buy2 ing, selling, trading, and collecting guns in accord3 ance with Federal, State, and local laws for what4 ever lawful use they deem desirable.

5 (2) The Internet is a powerful information me6 dium, which has and continues to be an excellent

7 tool to educate citizens on the training, education

8 and safety programs available to use firearms safely

9 and responsibly. It has, and should continue to de10 velop, as a 21st century tool for ‘‘e-commerce’’ and

11 marketing many products, including firearms and

12 sporting goods. Many web sites related to these top13 ics are sponsored in large part by the sporting fire14 arms and hunting community.

15 (3) It is the intent of Congress that this legisla16 tion be applied where the Internet is being exploited

17 to violate the applicable explosives and firearms laws

18 of the United States.

19 SEC. 1663. PROHIBITIONS ON USES OF THE INTERNET.

20 (a) In General.—Chapter 44 of title 18, United

21 States Code, is amended by adding at the end the fol22 lowing:

23 ‘‘§ 931. Criminal firearms and explosives solicitations

24 ‘‘(a)(1) IN GENERAL.—Any person who, in a cir25 cumstance described in paragraph (2), knowingly makes,
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1 prints, or publishes, or causes to be made, printed, or pub2 lished, any notice or advertisement seeking or offering to

3 receive, exchange, buy, sell, produce, distribute, or

4 transfer—

5 ‘‘(A) a firearm knowing that such transaction,

6 if carried out as noticed or advertised, would violate

7 subsection (a), (d), (g), or (x) of section 922 of this

8 chapter, or

9 ‘‘(B) explosive materials knowing that such

10 transaction, if carried out as noticed or advertised,

11 would violate subsection (a), (d), and (i) of section

12 842 of this title,

13 shall be punished as provided under subsection (b).

14 ‘‘(2) The circumstance referred to in paragraph (1)

15 is that—

16 ‘‘(A) such person knows or has reason to know

17 that such notice or advertisement will be transported

18 in interstate or foreign commerce by computer; or

19 ‘‘(B) such notice or advertisement is trans20 ported in interstate or foreign commerce by com21 puter.

22 ‘‘(b) PENALTIES.—Any individual who violates, or at23 tempts or conspires to violate, this section shall be fined

24 under this title or imprisoned not more than 1 year, and

25 both, but if such person has one prior conviction under
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1 this section, or under the laws of any State relating to

2 the same offense, such person shall be fined under this

3 title and imprisoned for not more than 5 years, but if such

4 person has 2 or more prior convictions under this section,

5 or under the laws of any State relating to the same of6 fense, such person shall be fined under this title and im7 prisoned not less than 10 years nor more than 20 years.

8 Any organization that violates, or attempts or conspires

9 to violate, this section shall be fined under this title. Who10 ever, in the course of an offense under this section, en11 gages in conduct that results in the death of a juvenile,

12 herein defined as an individual who has not yet attained

13 the age of 18 years, shall be punished by death, or impris14 oned for any term of years or for life.

15 ‘‘(c) DEFENSES.—It is an affirmative defense against

16 any proceeding involving this section if the proponent

17 proves by a preponderance of the evidence that—

18 ‘‘(1) the advertisement or notice came from—

19 ‘‘(A) a web site, notice or advertisement

20 operated or created by a person licensed—

21 ‘‘(i) as a manufacturer, importer, or

22 dealer under section 923 of this chapter; or

23 ‘‘(ii) under chapter 40 of this title;

24 and
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1 ‘‘(B) the site, advertisement or notice, ad2 vised the person at least once prior to the offer3 ing of the product, material or information to

4 the person that sales or transfers of the product

5 or information will be made in accord with Fed6 eral, State and local law applicable to the buyer

7 or transferee, and such notice includes, in the

8 case of firearms or ammunition, additional in9 formation that firearms transfers will only be

10 made through a licensee, and that firearms and

11 ammunition transfers are prohibited to felons,

12 fugitives, juveniles and other persons under the

13 Gun Control Act of 1968 prohibited from re14 ceiving or possessing firearms or ammunition;

15 or

16 ‘‘(2) the advertisement or notice came from—

17 ‘‘(A) a web site, notice or advertisement is

18 operated or created by a person not licensed as

19 stated in paragraph (1); and

20 ‘‘(B) the site, advertisement or notice, ad21 vised the person at least once prior to the offer22 ing of the product, material or information to

23 the person that the sales or transfers of the

24 product or information—
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1 ‘‘(i) will be made in accord with Fed2 eral, State and local law applicable to the

3 buyer or transferee, and such notice in4 cludes, in the case of firearms or ammuni5 tion, that firearms and ammunition trans6 fers are prohibited to felons, fugitives, ju7 veniles and other persons under the Gun

8 Control Act of 1968 prohibited from re9 ceiving or possessing firearms or ammuni10 tion; and

11 ‘‘(ii) as a term or condition for post12 ing or listing the firearm for sale or ex13 change on the web site for a prospective

14 transferor, the web site, advertisement or

15 notice requires that, in the event of any

16 agreement to sell or exchange the firearm

17 pursuant to that posting or listing, the

18 firearm be transferred to that person for

19 disposition through a Federal firearms li20 censee, where the Gun Control Act of 1968

21 requires the transfer to be made through a

22 Federal firearms licensee.’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The analysis for chapter 44 of title 18, United States
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1 Code, is amended by inserting after the item relating to

2 section 930 the following:

‘‘931. Criminal firearms and explosives solicitations.’’.

3 SEC. 1664. EFFECTIVE DATE.

4 The amendments made by sections 1661–1663 shall

5 take effect beginning on the date that is 180 days after

6 the enactment of this Act.

7 Subtitle G—Partnerships for High8 Risk Youth

9 SEC. 1671. SHORT TITLE.

10 This subtitle may be cited as the ‘‘Partnerships for

11 High-Risk Youth Act’’.

12 SEC. 1672. FINDINGS.

13 Congress finds that—

14 (1) violent juvenile crime rates have been in15 creasing in United States schools, causing many

16 high-profile deaths of young, innocent school chil17 dren;

18 (2) in 1994, there were 2,700,000 arrests of

19 persons under age 18 (a third of whom were under

20 age 15), up from 1,700,000 in 1991;

21 (3) while crime is generally down in many

22 urban and suburban areas, crime committed by teen23 agers has spiked sharply over the past few years;

24 (4) there is no single solution, or panacea, to

25 the problem of rising juvenile crime;
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1 (5) there will soon be over 34,000,000 teen2 agers in the United States, which is 26 percent high3 er than the number of such teenagers in 1990 and

4 the largest number of teenagers in the United States

5 to date;

6 (6) in order to ensure the safety of youth in the

7 United States, the Nation should begin to explore

8 innovative methods of curbing the rise in violent

9 crime in United States schools, such as use of faith10 based and grassroots initiatives; and

11 (7)(A) a strong partnership among law enforce12 ment, local government, juvenile and family courts,

13 schools, businesses, charitable organizations, fami14 lies, and the religious community can create a com15 munity environment that supports the youth of the

16 Nation and reduces the occurrence of juvenile crime;

17 and

18 (B) the development of character and strong

19 moral values will—

20 (i) greatly decrease the likelihood that

21 youth will fall victim to the temptations of

22 crime; and

23 (ii) improve the lives and future prospects

24 of high-risk youth and their communities.
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1 SEC. 1673. PURPOSES.

2 The purposes of this subtitle are as follows:

3 (1) To establish a national demonstration

4 project to promote learning about successful youth

5 interventions, with programs carried out by institu6 tions that can identify and employ effective ap7 proaches for improving the lives and future pros8 pects of high-risk youth and their communities.

9 (2) To document best practices for conducting

10 successful interventions for high-risk youth, based

11 on the results of local initiatives.

12 (3) To produce lessons and data from the oper13 ating experience from those local initiatives that

14 will—

15 (A) provide information to improve policy

16 in the public and private sectors; and

17 (B) promote the operational effectiveness

18 of other local initiatives throughout the United

19 States.

20 SEC. 1674. ESTABLISHMENT OF DEMONSTRATION PROJECT.

21 (a) IN GENERAL.—The Attorney General shall estab22 lish and carry out a demonstration project. In carrying

23 out the demonstration project, the Attorney General shall,

24 subject to the availability of appropriations, award a grant

25 to Public-Private Ventures, Inc. to enable Public-Private

26 Ventures, Inc. to award grants to eligible partnerships to
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1 pay for the Federal share of the cost of carrying out col2 laborative intervention programs for high-risk youth, de3 scribed in section 1676, in the following 12 cities:

4 (1) Boston, Massachusetts.

5 (2) New York, New York.

6 (3) Philadelphia, Pennsylvania.

7 (4) Pittsburgh, Pennsylvania.

8 (5) Detroit, Michigan.

9 (6) Denver, Colorado.

10 (7) Seattle, Washington.

11 (8) Cleveland, Ohio.

12 (9) San Francisco, California.

13 (10) Austin, Texas.

14 (11) Memphis, Tennessee.

15 (12) Indianapolis, Indiana.

16 (b) FEDERAL SHARE.—

17 (1) IN GENERAL.—The Federal share of the

18 cost described in subsection (a) shall be 70 percent.

19 (2) NON-FEDERAL SHARE.—The non-Federal

20 share of the cost may be provided in cash.

21 SEC. 1675. ELIGIBILITY.

22 (a) IN GENERAL.—To be eligible to receive a grant

23 under section 1674, a partnership—

24 (1) shall submit an application to Public-Pri25 vate Ventures Inc. at such time, in such manner,
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1 and containing such information as Public-Private

2 Ventures, Inc. may require;

3 (2) shall enter into a memorandum of under4 standing with Public-Private Ventures, Inc.; and

5 (3)(A) shall be a collaborative entity that in6 cludes representatives of local government, juvenile

7 detention service providers, local law enforcement,

8 probation officers, youth street workers, and local

9 educational agencies, and religious institutions that

10 have resident-to-membership percentages of at least

11 40 percent; and

12 (B) shall serve a city referred to in section

13 1674(a).

14 (b) SELECTION CRITERIA.—In making grants under

15 section 1674, Public-Private Ventures, Inc. shall

16 consider—

17 (1) the ability of a partnership to design and

18 implement a local intervention program for high-risk

19 youth;

20 (2) the past experience of the partnership, and

21 key participating individuals, in intervention pro22 grams for youth and similar community activities;

23 and

24 (3) the experience of the partnership in working

25 with other community-based organizations.
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1 SEC. 1676. USES OF FUNDS.

2 (a) PROGRAMS.—

3 (1) CORE FEATURES.—An eligible partnership

4 that receives a grant under section 1674 shall use

5 the funds made available through the grant to carry

6 out an intervention program with the following core

7 features:

8 (A) TARGET GROUP.—The program will

9 target a group of youth (including young

10 adults) who—

11 (i) are at high risk of—

12 (I) leading lives that are unpro13 ductive and negative;

14 (II) not being self-sufficient; and

15 (III) becoming incarcerated; and

16 (ii) are likely to cause pain and loss to

17 other individuals and their communities.

18 (B) VOLUNTEERS AND MENTORS.—The

19 program will make significant use of volunteers

20 and mentors.

21 (C) LONG-TERM INVOLVEMENT.—The pro22 gram will feature activities that promote long23 term involvement in the lives of the youth (in24 cluding young adults).

25 (2) PERMISSIBLE SERVICES.—The partnership,

26 in carrying out the program, may use funds made
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1 available through the grant to provide, directly or

2 through referrals, comprehensive support services to

3 the youth (including young adults).

4 (b) EVALUATION AND RELATED ACTIVITIES.—Using

5 funds made available through its grant under section

6 1674, Public-Private Ventures, Inc. shall—

7 (1) prepare and implement an evaluation design

8 for evaluating the programs that receive grants

9 under section 1674;

10 (2) conduct a quarterly evaluation of the per11 formance and progress of the programs;

12 (3) organize and conduct national and regional

13 conferences to promote peer learning about the oper14 ational experiences from the programs;

15 (4) provide technical assistance to the partner16 ships carrying out the programs, based on the quar17 terly evaluations; and

18 (5) prepare and submit to the Attorney General

19 a report that describes the activities of the partner20 ships and the results of the evaluations.

21 (c) LIMITATION.—Not more than 20 percent of the

22 funds appropriated under section 1677 for a fiscal year

23 may be used—

24 (1) to provide comprehensive support services

25 under subsection (a)(2);
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1 (2) to carry out activities under subsection (b);

2 and

3 (3) to pay for the administrative costs of Pub4 lic-Private Ventures, Inc., related to carrying out

5 this subtitle.

6 SEC. 1677. AUTHORIZATION OF APPROPRIATIONS.

7 There is authorized to be appropriated to carry out

8 this subtitle $4,000,000 for each of the fiscal years 2000

9 through 2004.

10 Subtitle H—National Youth Crime

11 Prevention

12 SEC. 1681. SHORT TITLE.

13 This subtitle may be cited as the ‘‘National Youth

14 Crime Prevention Demonstration Act’’.

15 SEC. 1682. PURPOSES.

16 The purposes of this subtitle are as follows:

17 (1) To establish a demonstration project that

18 establishes violence-free zones that would involve

19 successful youth intervention models in partnership

20 with law enforcement, local housing authorities, pri21 vate foundations, and other public and private part22 ners.

23 (2) To document best practices based on suc24 cessful grassroots interventions in cities, including

25 Washington, District of Columbia; Boston, Massa-
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1 chusetts; Hartford, Connecticut; and other cities to

2 develop methodologies for widespread replication.

3 (3) To increase the efforts of the Department

4 of Justice, the Department of Housing and Urban

5 Development, and other agencies in supporting effec6 tive neighborhood mediating approaches.

7 SEC. 1683. ESTABLISHMENT OF NATIONAL YOUTH CRIME

8 PREVENTION DEMONSTRATION PROJECT.

9 The Attorney General shall establish and carry out

10 a demonstration project. In carrying out the demonstra11 tion project, the Attorney General shall, subject to the

12 availability of appropriations, award a grant to the Na13 tional Center for Neighborhood Enterprise (referred to in

14 this subtitle as the ‘‘National Center’’) to enable the Na15 tional Center to award grants to grassroots entities in the

16 following 8 cities:

17 (1) Washington, District of Columbia.

18 (2) Detroit, Michigan.

19 (3) Hartford, Connecticut.

20 (4) Indianapolis, Indiana.

21 (5) Chicago (and surrounding metropolitan

22 area), Illinois.

23 (6) San Antonio, Texas.

24 (7) Dallas, Texas.

25 (8) Los Angeles, California.
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1 SEC. 1684. ELIGIBILITY.

2 (a) IN GENERAL.—To be eligible to receive a grant

3 under this subtitle, a grassroots entity referred to in sec4 tion 1683 shall submit an application to the National Cen5 ter to fund intervention models that establish violence-free

6 zones.

7 (b) SELECTION CRITERIA.—In awarding grants

8 under this subtitle, the National Center shall consider—

9 (1) the track record of a grassroots entity and

10 key participating individuals in youth group medi11 ation and crime prevention;

12 (2) the engagement and participation of a

13 grassroots entity with other local organizations; and

14 (3) the ability of a grassroots entity to enter

15 into partnerships with local housing authorities, law

16 enforcement agencies, and other public entities.

17 SEC. 1685. USES OF FUNDS.

18 (a) IN GENERAL.—Funds received under this subtitle

19 may be used for youth mediation, youth mentoring, life

20 skills training, job creation and entrepreneurship, organi21 zational development and training, development of long22 term intervention plans, collaboration with law enforce23 ment, comprehensive support services and local agency

24 partnerships, and activities to further community objec25 tives in reducing youth crime and violence.
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1 (b) GUIDELINES.—The National Center will identify

2 local lead grassroots entities in each designated city.

3 (c) TECHNICAL ASSISTANCE.—The National Center,

4 in cooperation with the Attorney General, shall also pro5 vide technical assistance for startup projects in other cit6 ies.

7 SEC. 1686. REPORTS.

8 The National Center shall submit a report to the At9 torney General evaluating the effectiveness of grassroots

10 agencies and other public entities involved in the dem11 onstration project.

12 SEC. 1687. DEFINITIONS.

13 In this subtitle:

14 (1) GRASSROOTS ENTITY.—The term ‘‘grass15 roots entity’’ means a not-for-profit community or16 ganization with demonstrated effectiveness in medi17 ating and addressing youth violence by empowering

18 at-risk youth to become agents of peace and commu19 nity restoration.

20 (2) NATIONAL CENTER FOR NEIGHBORHOOD

21 ENTERPRISE.—The term ‘‘National Center for

22 Neighborhood Enterprise’’ means a not-for-profit or23 ganization incorporated in the District of Columbia.
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1 SEC. 1688. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this subtitle—

4 (1) $5,000,000 for fiscal year 2000;

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

6 (3) $5,000,000 for fiscal year 2002;

7 (4) $5,000,000 for fiscal year 2003; and

8 (5) $5,000,000 for fiscal year 2004.

9 (b) RESERVATION.—The National Center for Neigh10 borhood Enterprise may use not more than 20 percent of

11 the amounts appropriated pursuant to subsection (a) in

12 any fiscal year for administrative costs, technical assist13 ance and training, comprehensive support services, and

14 evaluation of participating grassroots organizations.

15 Subtitle I—National Youth

16 Violence Commission

17 SEC. 1691. SHORT TITLE.

18 This subtitle may be cited as the ‘‘National Youth

19 Violence Commission Act’’.

20 SEC. 1692. NATIONAL YOUTH VIOLENCE COMMISSION.

21 (a) ESTABLISHMENT OF COMMISSION.—There is es22 tablished a commission to be known as the National Youth

23 Violence Commission (hereinafter referred to in this sub24 title as the ‘‘Commission’’). The Commission shall—

25 (1) be composed of 16 members appointed in

26 accordance with subsection (b); and
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1 (2) conduct its business in accordance with the

2 provisions of this subtitle.

3 (b) MEMBERSHIP.—

4 (1) PERSONS ELIGIBLE.—Except for those

5 members who hold the offices described under para6 graph (2)(A), and those members appointed under

7 paragraph (2) (C)(ii) and (D)(iv), the members of

8 the Commission shall be individuals who have exper9 tise, by both experience and training, in matters to

10 be studied by the Commission under section 1693.

11 The members of the Commission shall be well-known

12 and respected among their peers in their respective

13 fields of expertise.

14 (2) APPOINTMENTS.—The members of the

15 Commission shall be appointed for the life of the

16 Commission as follows:

17 (A) Four shall be appointed by the Presi18 dent of the United States, including—

19 (i) the Surgeon General of the United

20 States;

21 (ii) the Attorney General of the

22 United States;

23 (iii) the Secretary of the Department

24 of Health and Human Services; and
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1 (iv) the Secretary of the Department

2 of Education.

3 (B) Four shall be appointed by the Speak4 er of the House of Representatives, including—

5 (i) 1 member who meets the criteria

6 for eligibility in paragraph (1) in the field

7 of law enforcement or crime enforcement;

8 (ii) 1 member who meets the criteria

9 for eligibility in paragraph (1) in the field

10 of school administration, teaching, or coun11 seling;

12 (iii) 1 member who meets the criteria

13 for eligibility in paragraph (1) in the field

14 of parenting and family studies; and

15 (iv) 1 member who meets the criteria

16 for eligibility in paragraph (1) in the field

17 of child or adolescent psychology.

18 (C) Two shall be appointed by the Minority

19 Leader of the House of Representatives,

20 including—

21 (i) 1 member who meets the criteria

22 for eligibility in paragraph (1) in the field

23 of law enforcement or crime enforcement;

24 and
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1 (ii) 1 member who is a recognized re2 ligious leader.

3 (D) Four shall be appointed by the Major4 ity Leader of the Senate, including—

5 (i) 1 member who meets the criteria

6 for eligibility in paragraph (1) in the field

7 of law enforcement or crime enforcement;

8 (ii) 1 member who meets the criteria

9 for eligibility in paragraph (1) in the field

10 of school administration, teaching, or coun11 seling;

12 (iii) 1 member who meets the criteria

13 for eligibility in paragraph (1) in the social

14 sciences; and

15 (iv) 1 member who is a recognized re16 ligious leader.

17 (E) Two shall be appointed by the Minor18 ity Leader of the Senate, including—

19 (i) 1 member who meets the criteria

20 for eligibility in paragraph (1) in the field

21 of school administration, teaching, or coun22 seling; and

23 (ii) 1 member who meets the criteria

24 for eligibility in paragraph (1) in the field

25 of parenting and family studies.
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1 (3) COMPLETION OF APPOINTMENTS; VACAN2 CIES.—Not later than 30 days after the date of en3 actment of this Act, the appointing authorities under

4 paragraph (2) shall each make their respective ap5 pointments. Any vacancy that occurs during the life

6 of the Commission shall not affect the powers of the

7 Commission, and shall be filled in the same manner

8 as the original appointment not later than 30 days

9 after the vacancy occurs.

10 (4) OPERATION OF THE COMMISSION.—

11 (A) CHAIRMANSHIP.—The appointing au12 thorities under paragraph (2) shall jointly des13 ignate 1 member as the Chairman of the Com14 mission. In the event of a disagreement among

15 the appointing authorities, the Chairman shall

16 be determined by a majority vote of the ap17 pointing authorities. The determination of

18 which member shall be Chairman shall be made

19 not later than 15 days after the appointment of

20 the last member of the Commission, but in no

21 case later than 45 days after the date of enact22 ment of this Act.

23 (B) MEETINGS.—The Commission shall

24 meet at the call of the Chairman. The initial
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1 meeting of the Commission shall be conducted

2 not later than 30 days after the later of—

3 (i) the date of the appointment of the

4 last member of the Commission; or

5 (ii) the date on which appropriated

6 funds are available for the Commission.

7 (C) QUORUM; VOTING; RULES.—A majority

8 of the members of the Commission shall con9 stitute a quorum to conduct business, but the

10 Commission may establish a lesser quorum for

11 conducting hearings scheduled by the Commis12 sion. Each member of the Commission shall

13 have 1 vote, and the vote of each member shall

14 be accorded the same weight. The Commission

15 may establish by majority vote any other rules

16 for the conduct of the Commission’s business, if

17 such rules are not inconsistent with this subtitle

18 or other applicable law.

19 SEC. 1693. DUTIES OF THE COMMISSION.

20 (a) STUDY.—

21 (1) IN GENERAL.—It shall be the duty of the

22 Commission to conduct a comprehensive factual

23 study of incidents of youth violence to determine the

24 root causes of such violence.
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1 (2) MATTERS TO BE STUDIED.—In determining

2 the root causes of incidents of youth violence, the

3 Commission shall study any matter that the Com4 mission determines relevant to meeting the require5 ments of paragraph (1), including at a minimum—

6 (A) the level of involvement and awareness

7 of teachers and school administrators in the

8 lives of their students and any impact of such

9 involvement and awareness on incidents of

10 youth violence;

11 (B) trends in family relationships, the level

12 of involvement and awareness of parents in the

13 lives of their children, and any impact of such

14 relationships, involvement, and awareness on in15 cidents of youth violence;

16 (C) the alienation of youth from their

17 schools, families, and peer groups, and any im18 pact of such alienation on incidents of youth vi19 olence;

20 (D) the availability of firearms to youth,

21 including any illegal means by which youth ac22 quire such firearms, and any impact of such

23 availability on incidents of youth violence;

24 (E) any impact upon incidents of youth vi25 olence of the failure to execute existing laws de-
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1 signed to restrict youth access to certain fire2 arms, and the illegal purchase, possession, or

3 transfer of certain firearms;

4 (F) the effect upon youth of depictions of

5 violence in the media and any impact of such

6 depictions on incidents of youth violence; and

7 (G) the availability to youth of information

8 regarding the construction of weapons, includ9 ing explosive devices, and any impact of such

10 information on incidents of youth violence.

11 (3) TESTIMONY OF PARENTS AND STUDENTS.—

12 In determining the root causes of incidents of youth

13 violence, the Commission shall, pursuant to section

14 1694(a), take the testimony of parents and students

15 to learn and memorialize their views and experiences

16 regarding incidents of youth violence.

17 (b) RECOMMENDATIONS.—Based on the findings of

18 the study required under subsection (a), the Commission

19 shall make recommendations to the President and Con20 gress to address the causes of youth violence and reduce

21 incidents of youth violence. If the Surgeon General issues

22 any report on media and violence, the Commission shall

23 consider the findings and conclusions of such report in

24 making recommendations under this subsection.

25 (c) REPORT.—
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1 (1) IN GENERAL.—Not later than 1 year after

2 the date on which the Commission first meets, the

3 Commission shall submit to the President and Con4 gress a comprehensive report of the Commission’s

5 findings and conclusions, together with the rec6 ommendations of the Commission.

7 (2) SUMMARIES.—The report under this sub8 section shall include a summary of—

9 (A) the reports submitted to the Commis10 sion by any entity under contract for research

11 under section 1694(e); and

12 (B) any other material relied on by the

13 Commission in the preparation of the Commis14 sion’s report.

15 SEC. 1694. POWERS OF THE COMMISSION.

16 (a) HEARINGS.—

17 (1) IN GENERAL.—The Commission may hold

18 such hearings, sit and act at such times and places,

19 administer such oaths, take such testimony, and re20 ceive such evidence as the Commission considers ad21 visable to carry out its duties under section 1693.

22 (2) WITNESS EXPENSES.—Witnesses requested

23 to appear before the Commission shall be paid the

24 same fees as are paid to witnesses under section

25 1821 of title 28, United States Code.
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1 (b) SUBPOENAS.—

2 (1) IN GENERAL.—If a person fails to supply

3 information requested by the Commission, the Com4 mission may by majority vote request the Attorney

5 General of the United States to require by subpoena

6 the production of any written or recorded informa7 tion, document, report, answer, record, account,

8 paper, computer file, or other data or documentary

9 evidence necessary to carry out the Commission’s

10 duties under section 1693. The Commission shall

11 transmit to the Attorney General a confidential,

12 written request for the issuance of any such sub13 poena. The Attorney General shall issue the re14 quested subpoena if the request is reasonable and

15 consistent with the Commission’s duties under sec16 tion 1693. A subpoena under this paragraph may re17 quire the production of materials from any place

18 within the United States.

19 (2) INTERROGATORIES.—The Commission may,

20 with respect only to information necessary to under21 stand any materials obtained through a subpoena

22 under paragraph (1), request the Attorney General

23 to issue a subpoena requiring the person producing

24 such materials to answer, either through a sworn

25 deposition or through written answers provided
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1 under oath (at the election of the person upon whom

2 the subpoena is served), to interrogatories from the

3 Commission regarding such information. The Attor4 ney General shall issue the requested subpoena if the

5 request is reasonable and consistent with the Com6 mission’s duties under section 1693. A complete re7 cording or transcription shall be made of any deposi8 tion made under this paragraph.

9 (3) CERTIFICATION.—Each person who submits

10 materials or information to the Attorney General

11 pursuant to a subpoena issued under paragraph (1)

12 or (2) shall certify to the Attorney General the au13 thenticity and completeness of all materials or infor14 mation submitted. The provisions of section 1001 of

15 title 18, United States Code, shall apply to any false

16 statements made with respect to the certification re17 quired under this paragraph.

18 (4) TREATMENT OF SUBPOENAS.—Any sub19 poena issued by the Attorney General under para20 graph (1) or (2) shall comply with the requirements

21 for subpoenas issued by a United States district

22 court under the Federal Rules of Civil Procedure.

23 (5) FAILURE TO OBEY A SUBPOENA.—If a per24 son refuses to obey a subpoena issued by the Attor25 ney General under paragraph (1) or (2), the Attor-
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1 ney General may apply to a United States district

2 court for an order requiring that person to comply

3 with such subpoena. The application may be made

4 within the judicial district in which that person is

5 found, resides, or transacts business. Any failure to

6 obey the order of the court may be punished by the

7 court as civil contempt.

8 (c) INFORMATION FROM FEDERAL AGENCIES.—The

9 Commission may secure directly from any Federal depart10 ment or agency such information as the Commission con11 siders necessary to carry out its duties under section 1693.

12 Upon the request of the Commission, the head of such

13 department or agency may furnish such information to the

14 Commission.

15 (d) INFORMATION TO BE KEPT CONFIDENTIAL.—

16 (1) IN GENERAL.—The Commission shall be

17 considered an agency of the Federal Government for

18 purposes of section 1905 of title 18, United States

19 Code, and any individual employed by any individual

20 or entity under contract with the Commission under

21 subsection (e) shall be considered an employee of the

22 Commission for the purposes of section 1905 of title

23 18, United States Code.

24 (2) DISCLOSURE.—Information obtained by the

25 Commission or the Attorney General under this Act
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1 and shared with the Commission, other than infor2 mation available to the public, shall not be disclosed

3 to any person in any manner, except—

4 (A) to Commission employees or employees

5 of any individual or entity under contract to the

6 Commission under subsection (e) for the pur7 pose of receiving, reviewing, or processing such

8 information;

9 (B) upon court order; or

10 (C) when publicly released by the Commis11 sion in an aggregate or summary form that

12 does not directly or indirectly disclose—

13 (i) the identity of any person or busi14 ness entity; or

15 (ii) any information which could not

16 be released under section 1905 of title 18,

17 United States Code.

18 (e) CONTRACTING FOR RESEARCH.—The Commis19 sion may enter into contracts with any entity for research

20 necessary to carry out the Commission’s duties under sec21 tion 1693.

22 SEC. 1695. COMMISSION PERSONNEL MATTERS.

23 (a) COMPENSATION OF MEMBERS.—Each member of

24 the Commission who is not an officer or employee of the

25 Federal Government shall be compensated at a rate equal
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1 to the daily equivalent of the annual rate of basic pay pre2 scribed for level IV of the Executive Schedule under sec3 tion 5315 of title 5, United States Code, for each day (in4 cluding travel time) during which such member is engaged

5 in the performance of the duties of the Commission. All

6 members of the Commission who are officers or employees

7 of the United States shall serve without compensation in

8 addition to that received for their services as officers or

9 employees of the United States.

10 (b) TRAVEL EXPENSES.—The members of the Com11 mission shall be allowed travel expenses, including per

12 diem in lieu of subsistence, at rates authorized for employ13 ees of agencies under subchapter I of chapter 57 of title

14 5, United States Code, while away from their homes or

15 regular places of business in the performance of service

16 for the Commission.

17 (c) STAFF.—

18 (1) IN GENERAL.—The Chairman of the Com19 mission may, without regard to the civil service laws

20 and regulations, appoint and terminate an executive

21 director and such other additional personnel as may

22 be necessary to enable the Commission to perform

23 its duties. The employment and termination of an

24 executive director shall be subject to confirmation by

25 a majority of the members of the Commission.
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1 (2) COMPENSATION.—The executive director

2 shall be compensated at a rate not to exceed the rate

3 payable for level V of the Executive Schedule under

4 section 5316 of title 5, United States Code. The

5 Chairman may fix the compensation of other per6 sonnel without regard to the provisions of chapter

7 51 and subchapter III of chapter 53 of title 5,

8 United States Code, relating to classification of posi9 tions and General Schedule pay rates, except that

10 the rate of pay for such personnel may not exceed

11 the rate payable for level V of the Executive Sched12 ule under section 5316 of such title.

13 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

14 Any Federal Government employee, with the ap15 proval of the head of the appropriate Federal agen16 cy, may be detailed to the Commission without reim17 bursement, and such detail shall be without inter18 ruption or loss of civil service status, benefits, or

19 privilege.

20 (d) PROCUREMENT OF TEMPORARY AND INTERMIT21 TENT SERVICES.—The Chairman of the Commission may

22 procure temporary and intermittent services under section

23 3109(b) of title 5, United States Code, at rates for individ24 uals not to exceed the daily equivalent of the annual rate
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1 of basic pay prescribed for level V of the Executive Sched2 ule under section 5316 of such title.

3 SEC. 1696. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to the Com5 mission and any agency of the Federal Government assist6 ing the Commission in carrying out its duties under this

7 subtitle such sums as may be necessary to carry out the

8 purposes of this subtitle. Any sums appropriated shall re9 main available, without fiscal year limitation, until ex10 pended.

11 SEC. 1697. TERMINATION OF THE COMMISSION.

12 The Commission shall terminate 30 days after the

13 Commission submits the report under section 1693(c).

14 Subtitle J—School Safety

15 SEC. 1698. SHORT TITLE.

16 This subtitle may be cited as the ‘‘School Safety Act

17 of 1999’’.

18 SEC. 1699. AMENDMENTS TO THE INDIVIDUALS WITH DIS19 ABILITIES EDUCATION ACT.

20 (a) PLACEMENT IN ALTERNATIVE EDUCATIONAL

21 SETTING.—Section 615(k) of the Individuals with Disabil22 ities Education Act (20 U.S.C. 1415(k)) is amended—

23 (1) in paragraph (1)(A)(ii)(I), by inserting

24 ‘‘(other than a gun or firearm)’’ after ‘‘weapon’’;
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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 new section:

5 ‘‘(10) DISCIPLINE WITH REGARD TO GUNS OR

6 FIREARMS.—

7 ‘‘(A) AUTHORITY OF SCHOOL PERSONNEL

8 WITH RESPECT TO GUNS OR FIREARMS.—

9 ‘‘(i) Notwithstanding any other provi10 sion of this Act, school personnel may dis11 cipline (including expel or suspend) a child

12 with a disability who carries or possesses a

13 gun or firearm to or at a school, on school

14 premises, or to or at a school function,

15 under the jurisdiction of a State or a local

16 educational agency, in the same manner in

17 which such personnel may discipline a child

18 without a disability.

19 ‘‘(ii) Nothing in clause (i) shall be

20 construed to prevent a child with a dis21 ability who is disciplined pursuant to the

22 authority provided under clause (i) from

23 asserting a defense that the carrying or

24 possession of the gun or firearm was unin25 tentional or innocent.
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1 ‘‘(B) FREE APPROPRIATE PUBLIC EDU2 CATION.—

3 ‘‘(i) CEASING TO PROVIDE EDU4 CATION.—Notwithstanding section

5 612(a)(1)(A), a child expelled or suspended

6 under subparagraph (A) shall not be enti7 tled to continued educational services, in8 cluding a free appropriate public edu9 cation, under this title, during the term of

10 such expulsion or suspension, if the State

11 in which the local educational agency re12 sponsible for providing educational services

13 to such child does not require a child with14 out a disability to receive educational serv15 ices after being expelled or suspended.

16 ‘‘(ii) PROVIDING EDUCATION.—Not17 withstanding clause (i), the local edu18 cational agency responsible for providing

19 educational services to a child with a dis20 ability who is expelled or suspended under

21 subparagraph (A) may choose to continue

22 to provide educational services to such

23 child. If the local educational agency so

24 chooses to continue to provide the

25 services—
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1 ‘‘(I) nothing in this title shall re2 quire the local educational agency to

3 provide such child with a free appro4 priate public education, or any par5 ticular level of service; and

6 ‘‘(II) the location where the local

7 educational agency provides the serv8 ices shall be left to the discretion of

9 the local educational agency.

10 ‘‘(C) RELATIONSHIP TO OTHER REQUIRE11 MENTS.—

12 ‘‘(i) PLAN REQUIREMENTS.—No agen13 cy shall be considered to be in violation of

14 section 612 or 613 because the agency has

15 provided discipline, services, or assistance

16 in accordance with this paragraph.

17 ‘‘(ii) PROCEDURE.—Actions taken

18 pursuant to this paragraph shall not be

19 subject to the provisions of this section,

20 other than this paragraph.

21 ‘‘(D) FIREARM.—The term ‘firearm’ has

22 the meaning given the term under section 921

23 of title 18, United States Code.’’.

24 (b) CONFORMING AMENDMENT.—Section 615(f)(1)

25 of the Individuals with Disabilities Education Act (20
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1 U.S.C. 1415(f)(1)) is amended by striking ‘‘Whenever’’

2 and inserting the following: ‘‘Except as provided in section

3 615(k)(10), whenever’’.

Passed the Senate May 20, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 254

AN ACT

To reduce violent juvenile crime, promote accountother purposes. punish and deter violent gang crime, and for ability by and rehabilitation of juvenile criminals,
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